sec.131AER may terminate access dispute in certain cases

sec.131 AER may terminate access dispute in certain cases

The AER may at any time terminate an access dispute (without making an access determination) if the AER considers that— the notification of the access dispute was vexatious; or the subject matter of the dispute is trivial, misconceived or lacking in substance; or the party who notified the access dispute had, but did not avail itself of, an opportunity to engage in negotiations in good faith with the other party before that notification; or a specified dispute termination circumstance has occurred. Subject to section 133 , the AER may also terminate an access dispute (without making an access determination) if the AER considers that the aspect of access about which there is a dispute is expressly or impliedly dealt with under an agreement between, as the case requires— the prospective network service user and network service provider; the network service user and network service provider. In this section— specified dispute termination circumstance means a circumstance specified by the Rules as being a circumstance, the occurrence of which, entitles the AER to terminate an access dispute (without making an access determination). s 131 ins 2007 No. 53 (SA) s 75 (sec.131-ssec.1) The AER may at any time terminate an access dispute (without making an access determination) if the AER considers that— the notification of the access dispute was vexatious; or the subject matter of the dispute is trivial, misconceived or lacking in substance; or the party who notified the access dispute had, but did not avail itself of, an opportunity to engage in negotiations in good faith with the other party before that notification; or a specified dispute termination circumstance has occurred. (sec.131-ssec.2) Subject to section 133 , the AER may also terminate an access dispute (without making an access determination) if the AER considers that the aspect of access about which there is a dispute is expressly or impliedly dealt with under an agreement between, as the case requires— the prospective network service user and network service provider; the network service user and network service provider. (sec.131-ssec.3) In this section— specified dispute termination circumstance means a circumstance specified by the Rules as being a circumstance, the occurrence of which, entitles the AER to terminate an access dispute (without making an access determination).

• (a) the notification of the access dispute was vexatious; or
• (b) the subject matter of the dispute is trivial, misconceived or lacking in substance; or
• (c) the party who notified the access dispute had, but did not avail itself of, an opportunity to engage in negotiations in good faith with the other party before that notification; or
• (d) a specified dispute termination circumstance has occurred.