Document ID: chunk:federal_register_of_legislation:C2004A04938:body:0:p32
Version: federal_register_of_legislation:C2004A04938
Segment Type: other
Provision Reference: 
Character Range: 84447–87337

operational and technical requirements necessary for the safe and reliable operation of the facility;

    (g) the economically efficient operation of the facility.

"(2) The Commission may take into account any other matters that it thinks are relevant.

Commission may terminate arbitration in certain cases

"44Y.(1) The Commission may at any time terminate an arbitration (without making a determination) if it thinks that:

    (a) the notification of the dispute was vexatious; or

    (b) the subject matter of the dispute is trivial, misconceived or lacking in substance; or

    (c) the party who notified the dispute has not engaged in negotiations in good faith; or

    (d) access to the service should continue to be governed by an existing contract between the provider and the third party.

"(2) In addition, if the dispute is about varying an existing determination, the Commission may terminate the arbitration if it thinks there is no sufficient reason why the previous determination should not continue to have effect in its present form.

"Subdivision D—Procedure in arbitrations

Constitution of Commission for conduct of arbitration

"44Z. For the purposes of a particular arbitration, the Commission is to be constituted by 2 or more members of the Commission nominated in writing by the Chairperson.

Member of the Commission presiding at an arbitration

"44ZA.(1) Subject to subsection (2), the Chairperson is to preside at an arbitration.

"(2) If the Chairperson is not a member of the Commission as constituted under section 44Z in relation to a particular arbitration, the Chairperson must nominate a member of the Commission to preside at the arbitration.

Reconstitution of Commission

"44ZB.(1) This section applies if a member of the Commission who is one of the members who constitute the Commission for the purposes of a particular arbitration:

    (a) stops being a member of the Commission; or

    (b) for any reason, is not available for the purpose of the arbitration.

"(2) The Chairperson must either:

    (a) direct that the Commission is to be constituted for the purposes of finishing the arbitration by the remaining member or members; or

    (b) direct that the Commission is to be constituted for that purpose by the remaining member or members together with one or more other members of the Commission.

"(3) If a direction under subsection (2) is given, the Commission as constituted in accordance with the direction must continue and finish the arbitration and may, for that purpose, have regard to any record of the proceedings of the arbitration made by the Commission as previously constituted.

Determination of questions

"44ZC. If the Commission is constituted for an arbitration by 2 or more members of the Commission, any question before the Commission is to be decided:

    (a) unless paragraph (b) applies—according to the