Competition and Consumer Act 2010
153ZEUCommission may terminate arbitration in certain cases
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153ZEU Commission may terminate arbitration in certain cases
(1) The Commission must terminate the arbitration of an access dispute (without making a final determination) if paragraphs (a), (b) and (c) of the definition of declared CS service no longer apply to the CS service.
(2) The Commission may at any time terminate the arbitration of an access dispute (without making a final determination) if it thinks that:
(a) the notification of the access dispute was vexatious; or
(b) the subject matter of the access dispute is trivial, misconceived or lacking in substance; or
(c) the party who notified the access dispute has not engaged in negotiations (including negotiations under Division 3) in good faith; or
(d) the negotiation under Division 3 that led to the notification of the access dispute is insufficiently relevant to the matters that a final determination is likely to deal with; or
(e) access to the CS service should continue to be governed by an existing contract between some or all of the parties to the arbitration.
(3) In addition, if the dispute is about varying an existing determination, the Commission may terminate the arbitration if it thinks there is no sufficient reason why the previous determination should not continue to have effect in its present form.