52Appointment of arbitrator

52 Appointment of arbitrator

(1) The ACCC must appoint an arbitrator within 15 business days after receiving a request under section 51 if:

(a) both:

(i) the dispute relates to the provision of cash distribution services or facilities access by a designated entity; and

(ii) the entity does not have approved standard terms covering the cash distribution services or facilities access; or

(b) the ACCC is satisfied that the dispute could have a material effect on the availability of cash in Australia.

(2) However, the ACCC is not required to appoint an arbitrator if the ACCC is satisfied that the request:

(a) is frivolous or vexatious; or

(b) concerns a dispute that has previously been the subject of another arbitration.

(3) The ACCC may consult the parties on the arbitrator to be appointed.

(4) If the ACCC is to appoint an arbitrator under subsection (1) and the parties have requested the ACCC to appoint a particular arbitrator under subsection 51(2), the ACCC must appoint that arbitrator if it is reasonable to do so in the circumstances.

(5) The ACCC must give the parties to the dispute, in writing:

(a) details of the arbitrator appointed; or

(b) if the ACCC decides not to appoint an arbitrator—notice of that decision.