Document ID: chunk:federal_register_of_legislation:C2004A00913:clause:1_152dma
Version: federal_register_of_legislation:C2004A00913
Segment Type: clause
Provision Reference: sch 1 cl 152DMA
Character Range: 11853–13844

152DMA  Joint arbitration hearings

Joint hearing

 (1) If:
 (a) the Commission is arbitrating 2 or more access disputes at a particular time; and
 (b) one or more matters are common to those disputes;
the Chairperson may, by writing, determine that the Commission is to hold a joint arbitration hearing in respect of such of those disputes (the nominated disputes) as are specified in the determination.

 (2) The Chairperson may do so only if he or she considers this would be likely to result in the nominated disputes being resolved in a more efficient and timely manner.

 (3) The Chairperson may, for the purposes of the conduct of the joint arbitration hearing, give written directions to the member of the Commission presiding at that hearing.

Constitution of Commission

 (4) Sections 152CV to 152CY apply in relation to the joint arbitration hearing in a corresponding way to the way in which they apply to a particular arbitration.

Note: For example, the Chairperson would be required to nominate in writing 1 or more members of the Commission to constitute the Commission for the purposes of the joint arbitration hearing.

Procedure of Commission

 (5) Sections 152CZ to 152DM apply in relation to the joint arbitration hearing in a corresponding way to the way in which they apply to an arbitration hearing of a particular access dispute.

Record of proceedings etc.

 (6) The Commission as constituted for the purposes of the joint arbitration hearing may, for the purposes of that hearing, have regard to any record of the proceedings of the arbitration of any nominated dispute.

 (7) The Commission as constituted for the purposes of the arbitration of each nominated dispute may, for the purposes of making a determination in relation to that arbitration:
 (a) have regard to any record of the proceedings of the joint arbitration hearing; and
 (b) adopt any findings of fact made by the Commission as constituted for the purposes of the joint arbitration hearing.