Document ID: chunk:federal_register_of_legislation:C2012C00891:clause:1_207:p2
Version: federal_register_of_legislation:C2012C00891
Segment Type: clause
Provision Reference: sch 1 cl 207 (pt 2/3)
Character Range: 258066–260760

is not entitled to notify an access dispute to the Commission under section 152CM of the Competition and Consumer Act 2010.
(3A) If:
 (a) a declared service is supplied, or proposed to be supplied, by Telstra; and
 (b) one or more standard access obligations apply, or will apply, to Telstra in relation to the declared service; and
 (c) an access agreement relating to access to the declared service:
 (i) is in force between an NBN corporation (within the meaning of section 577BA of the Telecommunications Act 1997) and Telstra; and
 (ii) is specified in an undertaking in force under section 577A of the Telecommunications Act 1997; and
 (d) the access agreement was entered into before the first final access determination relating to access to the declared service has come into force;
neither Telstra nor the NBN corporation is entitled to notify an access dispute to the Commission under section 152CM of the Competition and Consumer Act 2010 in relation to the declared service.
(4) A final determination made by the Commission under Division 8 of Part XIC of the Competition and Consumer Act 2010 after the commencement of this item must specify an expiry date for the determination. Unless sooner revoked, the determination ceases to be in force on the expiry date for the determination.
(5) If:
 (a) an access agreement relating to access to a declared service is entered into before the first final access determination relating to access to the declared service has come into force; and
 (b) the access agreement is inconsistent with a determination under Division 8 of Part XIC of the Competition and Consumer Act 2010;
the access agreement has no effect to the extent of the inconsistency.
(6) If a determination under Division 8 of Part XIC of the Competition and Consumer Act 2010:
 (a) does not have an expiry date; and
 (b) is inconsistent with a final access determination;
the first‑mentioned determination has no effect to the extent of the inconsistency.
(7) If:
 (a) a final access determination is inconsistent with a determination under Division 8 of Part XIC of the Competition and Consumer Act 2010; and
 (b) the determination under Division 8 of Part XIC of the Competition and Consumer Act 2010 has an expiry date;
the final access determination has no effect to the extent of the inconsistency.
(8) If an interim access determination is inconsistent with a determination under Division 8 of Part XIC of the Competition and Consumer Act 2010, the interim access determination has no effect to the extent of the inconsistency.
(9) If a determination under Division 8 of Part XIC of the Competition and Consumer Act 2010:
 (a) does not have an expiry date; and
 (b)