Document ID: chunk:federal_register_of_legislation:C2004A00913:clause:1_152dba
Version: federal_register_of_legislation:C2004A00913
Segment Type: clause
Provision Reference: sch 1 cl 152DBA
Character Range: 9951–11819

152DBA  Using information from one arbitration in another arbitration

 (1) For the purposes of an arbitration (the current arbitration) of an access dispute, the Commission may give any of the following:
 (a) a party to the current arbitration;
 (b) a representative of a party to the current arbitration;
 (c) any other person who provides advice or assistance to a party to the current arbitration or to the Commission;
any information, or any document or part of a document, given to the Commission by a person (the contributor) in the course of any other arbitration under this Division.

 (2) The Commission may do so only if it considers this would be likely to result in the current arbitration being conducted in a more efficient and timely manner.

Consultation

 (3) Before making a decision under subsection (1) to give information or a document or part of a document to a person (the recipient), the Commission must give the contributor a notice in writing:
 (a) specifying what the Commission is proposing to give the recipient; and
 (b) inviting the contributor to make a written submission to the Commission within 14 days after the notice is given:
 (i) identifying any part of what the Commission is proposing to give the recipient that the contributor considers should not be given; and
 (ii) setting out the contributor's reasons for that view.

 (4) In making a decision under subsection (1), the Commission must have regard to the following matters:
 (a) any such submission received within that 14 day period;
 (b) any order or direction of the Commission under section 152DC in relation to particular information or a particular document;
 (c) any decision of the Commission under section 152DK not to give a party to another arbitration under this Division a part of a document;
 (d) such other matters as the Commission considers relevant.