9Notification of disputes

9 Notification of disputes

(1) A person who is: (a) using, or intending to use, a bulk interconnection service; and (b) unable to agree with Australia Post on the terms and conditions on which a rate reduction is or will be provided to the person (including the amount of the rate reduction and the period for which it will apply) for the service; (i) the rate reduction that will apply to the service; or (ii) the period in which the service will be supplied at the reduced rate; may give written notice to the ACCC of a dispute about the matter. (2) A notice must: (a) be clearly and legibly printed, typewritten or handwritten to enable reproduction of the contents of the notice in a form that is clear and legible; and (b) state: (i) if the rate reduction is in dispute—the amount that the complainant proposes should apply; and (ii) if the period during which the service will be supplied is in dispute—the period during which the complainant proposes that the service should be supplied at the reduced rate; and (iii) if any other terms and conditions on which the rate reduction is or would be provided are in dispute—the terms and conditions that the complainant proposes should apply; and (c) state: (i) the rate reduction (if any) that Australia Post has offered for supply of the service to the complainant; and (ii) the period (if any) during which Australia Post has offered to supply the service to the complainant at the reduced rate; and (iii) any other terms and conditions to which Australia Post’s offer is subject; and (d) have with it a copy of any document in the possession, or under the control, of the complainant that may be relevant to the dispute; and (e) state the name and address of the complainant; and (f) be signed and dated by or for the complainant; and (g) if the signatory is not the complainant—state: (i) the name and address of the signatory; and (ii) the capacity in which the signatory signs the notice. (3) A notice may state a claim in accordance with regulation 21 in relation to information contained in documents mentioned in paragraph (2) (d). (4) A notice may relate to more than 1 dispute.

Note: A complainant may claim the protection of regulation 21 (which relates to confidentiality) in respect of information supplied under this regulation.

(5) A notice is taken to be given when the ACCC receives the notice.