19Award by arbitrator

19 Award by arbitrator (1) Unless the arbitrator terminates the arbitration under clause 22, the arbitrator must make a written award on access to the railway infrastructure service by the access seeker. (2) The award may deal with any matter relating to access to the service by the access seeker, including matters that were not the basis for notification of the dispute. By way of example, the award may: (a) require the access provider to provide access to the service by the access seeker; (b) require the access seeker to accept, and pay for, access to the service; (c) specify the terms and conditions of the access seeker’s access to the service;

AustralAsia Railway (Third Party Access) Act 1999 17 (d) subject to clause 20, require the access provider to expand or extend the railway infrastructure facilities; (e) subject to clause 20, specify the extent to which the award overrides an earlier award or access contract. (3) The award does not have to require the access provider to provide access to the service by the access seeker. (4) Before making an award, the arbitrator must give a draft award to the parties to the arbitration and the regulator and may take into account representations that any of them may make on the proposed award. (5) When the arbitrator makes an award, the arbitrator must give the parties to the arbitration and the regulator the arbitrator’s reasons for making the award. (6) The arbitrator may, in providing a draft award or making an award, do either or both of the following: (a) divide the award into parts and limit distribution of a part in order to protect confidential commercial information from unnecessary publication; (b) impose conditions with respect to the disclosure of confidential commercial information in order to prevent unnecessary publication. (7) Despite any other provision, the regulator may disclose confidential commercial information if the regulator is of the opinion that it is in the public interest to do so.