33Arbitrator—appointment and functions

33 Arbitrator—appointment and functions (1) The commission, or a person appointed under subsection (2), may act as arbitrator to hear and determine a dispute referred to arbitration under this part. (2) The commission may appoint 1 or more people to act as arbitrators to hear and determine disputes referred to arbitration under this part. (3) If a dispute concerns the application of a price direction to an access regime, the senior commissioner must ensure— (a) that no commissioner who took part in the price direction investigation takes any part in arbitrating the dispute; and (b) that no agency, body or person who assisted in the price direction investigation under an arrangement mentioned in section 12 assists the commission in arbitrating the dispute. (4) For a dispute involving a third party wanting, but not having, access to a service, the arbitrator must give public notice of the dispute inviting public submissions to the arbitrator about the dispute, and specifying when and how submissions may be made. Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). (5) In the arbitration of a dispute referred under this part, or in the variation of an existing determination, the arbitrator must consider the following matters: (a) the matters set out in the competition principles agreement, clause 6 (4) (i), (j) and (l), in the form in which those matters are set out in schedule 4;

(b) any guidelines for the access regime determined following an investigation; (c) if subsection (4) applies—any public submissions made about the dispute; (d) the value to the access provider of any extensions to the infrastructure facilities the cost of which is borne by someone else; (e) any other matters the arbitrator considers relevant. (6) Part 7 and part 8 apply in relation to an arbitration as if references in those parts to the commission were references to the arbitrator. (7) However, an arbitration is not a legal proceeding for the Criminal Code, chapter 7 (Administration of justice offences). (8) If the competition principles, clause 6 (4) (i), (j) or (l) is varied, a regulation may amend schedule 4 accordingly with effect (retrospective if necessary) from the date of effect of the variation.