37Making an application

37 Making an application

(1) A designated entity may make an application to the ACCC (an approval application) for approval of:

(a) proposed standard terms covering the provision of a kind of cash distribution services or facilities access to all customers or to one or more particular kinds of customers; or

(b) a proposed variation of approved standard terms that the entity has in relation to the provision of a kind of cash distribution services or facilities access to all customers or to one or more particular kinds of customers.

Note: For requirements to make an approval application, see sections 35 and 36.

(2) The application must:

(a) be made in writing; and

(b) set out the kind of cash distribution services or facilities access, and the kinds of customers (if applicable), to which the application relates; and

(c) contain any other information, and be accompanied by any documents, specified in an instrument under subsection (3).

(3) The ACCC may, by legislative instrument, make a determination specifying information or documents for the purposes of paragraph (2)(c).

(4) An application for approval of proposed standard terms must (subject to subsection (7)) set out proposed standard terms that deal with all of the following matters in relation to an agreement:

(a) fees and adjustments to fees, including the pricing model used, for cash distribution services or facilities access provided under the agreement;

(b) invoicing for the cash distribution services or facilities access, including payment terms, late fees and interest payable;

(c) termination of the agreement;

(d) warranties for the cash distribution services or facilities access;

(e) dealing with and resolving complaints by a party to the agreement about matters arising under or in connection with the agreement;

(f) alternative dispute resolution processes (such as conferencing, mediation or arbitration) as a way of resolving disputes between the parties to the agreement about matters arising under or in connection with the agreement;

(g) the way cash distribution services or facilities access is to be arranged under the agreement (as applicable);

(h) for standard terms covering facilities access—any applicable pre‑conditions for that access (such as safety, security or insurance requirements);

(i) any other matter specified in an instrument under subsection (5).

(5) The ACCC may, by legislative instrument, make a determination specifying a matter for the purposes of paragraph (4)(i).

(6) An application for a proposed variation of approved standard terms must (subject to subsection (7)):