sec.117APeriod for making access determination

### sec.117A Period for making access determination The authority must use its best endeavours to make an access determination within 6 months from the day the access dispute notice for the relevant access dispute was given to the authority. However, the 6 month period mentioned in subsection (1) does not include any of the following— if mediation of the access dispute is conducted under subdivision 2A —a day earlier than the day the dispute is referred by the mediator to the authority for arbitration; if a person is given a notice under section 205 requiring the person to give information or produce a document for the arbitration of the access dispute, a day in the period— starting on the day the notice is given to the person; and ending on the day the person complies with the notice; if the authority invites the parties to comment, within a period stated by the authority, on a draft determination given to the parties under section 117 (5) —a day in the period for making comments stated by the authority; if the parties agree to a day not being included in the 6 month period—a day agreed to by the parties. The authority must publish a notice on its website, for each access dispute being dealt with by arbitration, stating— the day the 6 month period mentioned in subsection (1) started or will start; and the day the period will end; and for a day not included in the period under subsection (2) —the reason the day is not included in the period. If the authority fails to make an access determination within the 6 month period mentioned in subsection (1) , it must, as soon as practicable after the period ends— prepare a written notice stating— the reasons for the authority’s failure; and details about the action the authority proposes to take to make an access determination as soon as reasonably practicable; and give a copy of the notice to the parties and the Minister. s 117A ins 2008 No. 35 s 44 amd 2013 No. 39 s 43 sch 1 ; 2018 No. 6 s 7 (sec.117A-ssec.1) The authority must use its best endeavours to make an access determination within 6 months from the day the access dispute notice for the relevant access dispute was given to the authority. (sec.117A-ssec.2) However, the 6 month period mentioned in subsection (1) does not include any of the following— if mediation of the access dispute is conducted under subdivision 2A —a day earlier than the day the dispute is referred by the mediator to the authority for arbitration; if a person is given a notice under section 205 requiring the person to give information or produce a document for the arbitration of the access dispute, a day in the period— starting on the day the notice is given to the person; and ending on the day the person complies with the notice; if the authority invites the parties to comment, within a period stated by the authority, on a draft determination given to the parties under section 117 (5) —a day in the period for making comments stated by the authority; if the parties agree to a day not being included in the 6 month period—a day agreed to by the parties. (sec.117A-ssec.3) The authority must publish a notice on its website, for each access dispute being dealt with by arbitration, stating— the day the 6 month period mentioned in subsection (1) started or will start; and the day the period will end; and for a day not included in the period under subsection (2) —the reason the day is not included in the period. (sec.117A-ssec.4) If the authority fails to make an access determination within the 6 month period mentioned in subsection (1) , it must, as soon as practicable after the period ends— prepare a written notice stating— the reasons for the authority’s failure; and details about the action the authority proposes to take to make an access determination as soon as reasonably practicable; and give a copy of the notice to the parties and the Minister. - (a) if mediation of the access dispute is conducted under subdivision 2A —a day earlier than the day the dispute is referred by the mediator to the authority for arbitration; - (b) if a person is given a notice under section 205 requiring the person to give information or produce a document for the arbitration of the access dispute, a day in the period— (i) starting on the day the notice is given to the person; and (ii) ending on the day the person complies with the notice; - (i) starting on the day the notice is given to the person; and - (ii) ending on the day the person complies with the notice; - (c) if the authority invites the parties to comment, within a period stated by the authority, on a draft determination given to the parties under section 117 (5) —a day in the period for making comments stated by the authority; - (d) if the parties agree to a day not being included in the 6 month period—a day agreed to by the parties. - (i) starting on the day the notice is given to the person; and - (ii) ending on the day the person complies with the notice; - (a) the day the 6 month period mentioned in subsection (1) started or will start; and - (b) the day the period will end; and - (c) for a day not included in the period under subsection (2) —the reason the day is not included in the period. - (a) prepare a written notice stating— (i) the reasons for the authority’s failure; and (ii) details about the action the authority proposes to take to make an access determination as soon as reasonably practicable; and - (i) the reasons for the authority’s failure; and - (ii) details about the action the authority proposes to take to make an access determination as soon as reasonably practicable; and - (b) give a copy of the notice to the parties and the Minister. - (i) the reasons for the authority’s failure; and - (ii) details about the action the authority proposes to take to make an access determination as soon as reasonably practicable; and