54Determination of terms by arbitrator

54 Determination of terms by arbitrator

(1) The arbitrator must, within 15 business days after the completion of the arbitration:

(a) determine, in writing:

(i) the terms that are the subject of the dispute; and

(ii) the period during which those terms are required to be used in relation to the parties to the dispute; and

(b) give a copy of the determination to each party to the dispute; and

(c) give a copy of the determination to the ACCC.

(2) In making the determination, the arbitrator must consider the following matters:

(a) the object of this Act;

(b) the legitimate business interests of the designated entity;

(c) the public interest;

(d) the principle that the pricing of relevant services or access should:

(i) be set so as to generate expected revenue that is at least sufficient to meet the efficient costs of providing the cash distribution services or facilities access; and

(ii) include a return on investment commensurate with the regulatory and commercial risks involved; and

(iii) for facilities access—not discriminate in favour of the entity’s own downstream operations (in the case of a vertically integrated designated entity), or operations of a related body corporate, except to the extent that the cost of providing facilities access to other persons is higher; and

(iv) use methods that provide incentives to reduce costs incurred by or otherwise improve productivity of the entity;

(e) any relevant service‑level standard;

(ea) any relevant cash‑related contractual chain order;

(f) any requirements determined under subsection 60(1) (which deals with dispute resolution requirements);

(g) any other matters the arbitrator considers relevant.

(3) Subsection (1) does not apply if the arbitration has ended because of a termination under section 56.

(4) A determination made under subsection (1) is not a legislative instrument.