Document ID: chunk:federal_register_of_legislation:C2004A01077:clause:2_108
Version: federal_register_of_legislation:C2004A01077
Segment Type: clause
Provision Reference: sch 2 cl 108
Character Range: 73369–74718

108  At the end of section 152CLA (after the note)
Add:

Deferral of consideration of access dispute

 (2) If:
 (a) the Commission receives an access undertaking that relates, in whole or in part, to a matter; and
 (b) the matter is the subject of an access dispute that has been notified to the Commission;
the Commission may defer consideration of the access dispute, in whole or in part, while the Commission considers the access undertaking.

 (3) Subsection (2) has effect despite anything in this Division (other than subsection (4)).

Guidelines about deferral

 (4) In exercising the power conferred by subsection (2), the Commission must have regard to:
 (a) the fact that the access undertaking will, if accepted, apply generally to access seekers whereas a determination relating to the access dispute will only apply to the parties to the determination; and
 (b) any guidelines in force under subsection (5); and
 (c) such other matters as the Commission considers relevant.

 (5) The Commission must, by writing, formulate guidelines for the purposes of subsection (4).

 (6) The Commission must take all reasonable steps to ensure that the first set of guidelines under subsection (5) is made within 6 months after the commencement of this subsection.

 (7) Guidelines under subsection (5) are to be made available on the Internet.