16Arbitrator to be qualified

16 Arbitrator to be qualified (1) The regulator must keep a list of persons who are suitably qualified to be appointed as arbitrators but may appoint as an arbitrator a person who is not included in the list if the occasion requires. (2) An arbitrator must be a person who: (a) is independent of the parties to the dispute; (b) is not subject to the control or direction of the Government of either the Northern Territory or South Australia in any capacity; (c) is properly qualified to act in the resolution of the dispute; and (d) has no direct or indirect interest in the outcome of the dispute. (3) Before appointing an arbitrator, the regulator must consult with each of the parties to the dispute and must attempt (but is not bound) to make an appointment that is acceptable to all parties. (4) If it appears to the regulator: (a) that a dispute includes, or may include, an interface issue; and (b) that the access seeker is, or may be, involved in a dispute under a corresponding access regime, then the regulator should, in making an appointment under this clause, endeavour to appoint a person who can also act under the corresponding access regime. (5) If the regulator is unable to appoint a person under subclause (4) who is able to act under a corresponding access regime, the person appointed under this clause to act as an arbitrator must, in respect of any interface issues involved in a dispute, endeavour to consult with any person appointed to act as an arbitrator under the corresponding access regime.