Document ID: chunk:federal_register_of_legislation:F2017L01112:body:0:p4
Version: federal_register_of_legislation:F2017L01112
Segment Type: other
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Character Range: 8065–11049

to be considered on a case-by-case basis.
These guidelines should be read with the ACCC's Arbitrations: a guide to resolution of access disputes under Part IIIA of the Trade Practices Act (April 2006). The ACCC is currently updating this guide in light of the imminent Part IIIA amendments. A revised guide will be issued for public consultation in 2017.
1.2.                   Structure of these guidelines
This section 1 explains the background to these guidelines and the relevant provisions of the CCA.
Section 2 sets out the ACCC's guidelines under s. 44ZZCB(6) of the CCA. These explain the ACCC's approach in deciding whether or not to suspend either an undertaking or arbitration process, if an undertaking is lodged after an arbitration has commenced.
Section 3 sets out the ACCC's guidelines under s. 44ZO(8) of the CCA. These explain the ACCC's approach to backdating a final determination and the awarding and calculation of interest.

2.               Deferring arbitration of access disputes or consideration of access undertakings
2.1.                   General
This section explains the matters the ACCC will consider if, when arbitrating an access dispute, it must decide whether to defer the arbitration pending consideration of an access undertaking. Similarly, the commission may have to decide whether to defer the consideration of an access undertaking while it continues to arbitrate the dispute. It also outlines relevant considerations of the commission simultaneously considering an access undertaking and conducting an arbitration in relation to the same matter.
2.2.                   ACCC guideline

2.2.1  Legislative framework
Section 44ZZCB deals with the situation of the ACCC simultaneously considering an access undertaking and conducting an arbitration on the same matter. It provides that the ACCC may defer consideration of the arbitration 'in whole or in part' while it is considering the access undertaking. Alternatively, the ACCC may decide to defer consideration of whether to accept the undertaking 'in whole or in part' while it arbitrates the access dispute (s. 44ZZCB(1)(d)).
In considering whether to defer consideration of the arbitration, the ACCC must have regard to:
    * the fact that the access undertaking, if accepted, will apply generally to all access seekers, not just those involved in the arbitration
    * any guidelines that it has made, and which are in force, on the deferral of arbitration
    * any other matter which the ACCC considers relevant (s. 44ZZCB(5)).

2.2.2 Deferrals of arbitrations—relevant considerations
In deciding whether to defer one or more arbitrations while considering an access undertaking that relates to the same matter, the ACCC will consider:
    * the effect of the undertaking—the ACCC must consider the fact that an undertaking, if accepted, will apply generally to all access seekers (as noted above, consideration of this matter is a legislative requirement)
    * whether the access