Document ID: chunk:federal_register_of_legislation:C2004A00443:clause:1_152dn
Version: federal_register_of_legislation:C2004A00443
Segment Type: clause
Provision Reference: sch 1 cl 152DN
Character Range: 57454–60170

152DN  Operation of determinations

 (1) A final determination has effect 21 days after the determination is made.

Stay of determination by the Tribunal

 (2) However, if a party to an arbitration applies to the Tribunal under section 152DO for a review of the Commission's final determination, the Tribunal may make any orders staying or otherwise affecting the operation or implementation of the final determination that the Tribunal thinks appropriate to secure the effectiveness of the review by the Tribunal.

 (3) If an order is in force under subsection (2) (including an order previously varied under this subsection), the Tribunal may make an order varying or revoking the first‑mentioned order.

 (4) An order in force under subsection (2) (including an order previously varied under subsection (3)):
 (a) is subject to any conditions that are specified in the order; and
 (b) has effect until:
 (i) the end of any period for the operation of the order that is specified in the order; or
 (ii) the finalisation of the review;
  whichever is earlier.

Interim determination to remain in force if final determination stayed

 (5) If:
 (a) an order is made under subsection (2) in connection with a final determination relating to an access dispute; and
 (b) an interim determination relating to the access dispute was in force immediately before the final determination took effect;
the interim determination remains in force until:
 (c) the end of any period for the operation of the order that is specified in the order; or
 (d) the finalisation of the review; or
 (e) the revocation of the interim determination;
whichever is earliest.

Commission may make interim determination while final determination stayed

 (6) If:
 (a) an order is made under subsection (2) in connection with a final determination relating to an access dispute; and
 (b) no interim determination relating to the access dispute was in force immediately before the final determination took effect;
this Part does not prevent the Commission from making an interim determination relating to the access dispute while the order is in force. Such an interim determination ceases to have effect:
 (c) at the end of any period for the operation of the order that is specified in the order; or
 (d) on the finalisation of the review; or
 (e) on the revocation of the interim determination;
whichever is earliest.

Duration of interim determination

 (7) Subsections (5) and (6) have effect despite anything in section 152CPA.

When final determination takes effect

 (8) For the purposes of subsections (5) and (6), in determining the time when a final determination took effect, an order under subsection (2) is to be disregarded.