44RConstitutional limits on operation of this Division

44R  Constitutional limits on operation of this Division   This Division does not apply in relation to a third party’s access to a service unless:  (a) the provider is a corporation (or a partnership or joint venture consisting wholly of corporations); or  (b) the third party is a corporation; or  (c) the access is (or would be) in the course of, or for the purposes of, constitutional trade or commerce. Subdivision B—Notification of access disputes 44S  Notification of access disputes  (1) If a third party is unable to agree with the provider on one or more aspects of access to a declared service, either the provider or the third party may notify the Commission in writing that an access dispute exists, but only to the extent that those aspects of access are not the subject of an access undertaking that is in operation in relation to the service. Note: An example of one of the things on which a provider and third party might disagree is whether a previous determination ought to be varied.  (2) On receiving the notification, the Commission must give notice in writing of the access dispute to:  (a) the provider, if the third party notified the access dispute;  (b) the third party, if the provider notified the access dispute;  (c) any other person whom the Commission thinks might want to become a party to the arbitration. 44T  Withdrawal of notifications  (1) A notification may be withdrawn as follows (and not otherwise):  (a) if the provider notified the dispute:  (i) the provider may withdraw the notification at any time before the Commission makes its final determination;  (ii) the third party may withdraw the provider’s notification at any time after the Commission issues a draft final determination, but before it makes its final determination;  (b) if the third party notified the dispute, the third party may withdraw the notification at any time before the Commission makes its final determination.  (2) Despite subparagraph (1)(a)(ii), if the provider notified a dispute over variation of a final determination, the third party may not withdraw the provider’s notification.  (3) If the notification is withdrawn, it is taken for the purposes of this Part never to have been given. Subdivision C—Arbitration of access disputes