sec.119Restrictions affecting making of access determination

### sec.119 Restrictions affecting making of access determination The authority must not make an access determination that is inconsistent with— an approved access undertaking, or access code, for the service; or subject to section 150K , a ruling relating to the service that is in effect under division 7A . Also, the authority must not make an access determination that would have any of the following effects— reduce the amount of the service able to be obtained by an access provider; result in the access seeker, or someone else, becoming the owner, or 1 of the owners, of the facility, without the existing owner’s agreement; require an access provider to pay some or all of the costs of extending the facility. Despite subsection (2) (a) , the authority may make an access determination reducing the amount of the service able to be obtained by an access provider if— the access provider is a party to the arbitration; and the reduction does not prevent the access provider from obtaining a sufficient amount of the service to be able to meet the provider’s reasonably anticipated requirements, as assessed by the authority, as at the time the access dispute notice was given; and if the authority considers the access provider is entitled to be compensated for the reduction—the amount of compensation is taken into account in fixing the amount to be paid by the access seeker for access to the service. Despite subsection (2) (c) , the authority may make an access determination requiring an access provider to extend, or permit the extension of, a facility if— the requirement is consistent with a requirement imposed under an approved access undertaking for the service that was approved by the authority under section 136 (4) or 142 (2) , and the requirements under subsection (4B) are met; or the requirements under subsection (5) are met. An access determination mentioned in subsection (4) (a) may require the access provider to pay all or some of the costs of extending the facility if the requirement is consistent with a requirement imposed under the approved access undertaking. For subsection (4) (a) , the requirements are that the authority is satisfied— the extension will be technically and economically feasible and consistent with the safe and reliable operation of the facility; and the legitimate business interests of the following entities are protected— the owner of the facility; if the owner and operator of the facility are different entities—the operator. For subsection (4) (b) , the requirements are— the access provider is the owner or operator of the facility; and the authority is satisfied— the extension will be technically and economically feasible and consistent with the safe and reliable operation of the facility; and the legitimate business interests of the owner of the facility are protected; and if the owner and operator of the facility are different entities—the legitimate business interests of the operator of the facility are also protected; and for an access determination requiring an access provider to extend a facility—the authority imposes a requirement under the determination on a person other than the access provider to pay the costs of extending the facility. If the authority makes an access determination mentioned in subsection (4) (a) or (4) (b) , it must, in fixing the terms of access for the access seeker, take into account— the costs to be paid by the parties for the extension; and the benefits to the parties resulting from the extension. An access determination has no effect if it is made in contravention of this section. s 119 amd 2000 No. 15 s 2 sch ; 2005 No. 37 s 10 ; 2008 No. 35 s 45 ; 2010 No. 32 s 44 (sec.119-ssec.1) The authority must not make an access determination that is inconsistent with— an approved access undertaking, or access code, for the service; or subject to section 150K , a ruling relating to the service that is in effect under division 7A . (sec.119-ssec.2) Also, the authority must not make an access determination that would have any of the following effects— reduce the amount of the service able to be obtained by an access provider; result in the access seeker, or someone else, becoming the owner, or 1 of the owners, of the facility, without the existing owner’s agreement; require an access provider to pay some or all of the costs of extending the facility. (sec.119-ssec.3) Despite subsection (2) (a) , the authority may make an access determination reducing the amount of the service able to be obtained by an access provider if— the access provider is a party to the arbitration; and the reduction does not prevent the access provider from obtaining a sufficient amount of the service to be able to meet the provider’s reasonably anticipated requirements, as assessed by the authority, as at the time the access dispute notice was given; and if the authority considers the access provider is entitled to be compensated for the reduction—the amount of compensation is taken into account in fixing the amount to be paid by the access seeker for access to the service. (sec.119-ssec.4) Despite subsection (2) (c) , the authority may make an access determination requiring an access provider to extend, or permit the extension of, a facility if— the requirement is consistent with a requirement imposed under an approved access undertaking for the service that was approved by the authority under section 136 (4) or 142 (2) , and the requirements under subsection (4B) are met; or the requirements under subsection (5) are met. (sec.119-ssec.4A) An access determination mentioned in subsection (4) (a) may require the access provider to pay all or some of the costs of extending the facility if the requirement is consistent with a requirement imposed under the approved access undertaking. (sec.119-ssec.4B) For subsection (4) (a) , the requirements are that the authority is satisfied— the extension will be technically and economically feasible and consistent with the safe and reliable operation of the facility; and the legitimate business interests of the following entities are protected— the owner of the facility; if the owner and operator of the facility are different entities—the operator. (sec.119-ssec.5) For subsection (4) (b) , the requirements are— the access provider is the owner or operator of the facility; and the authority is satisfied— the extension will be technically and economically feasible and consistent with the safe and reliable operation of the facility; and the legitimate business interests of the owner of the facility are protected; and if the owner and operator of the facility are different entities—the legitimate business interests of the operator of the facility are also protected; and for an access determination requiring an access provider to extend a facility—the authority imposes a requirement under the determination on a person other than the access provider to pay the costs of extending the facility. (sec.119-ssec.6) If the authority makes an access determination mentioned in subsection (4) (a) or (4) (b) , it must, in fixing the terms of access for the access seeker, take into account— the costs to be paid by the parties for the extension; and the benefits to the parties resulting from the extension. (sec.119-ssec.7) An access determination has no effect if it is made in contravention of this section. - (a) an approved access undertaking, or access code, for the service; or - (b) subject to section 150K , a ruling relating to the service that is in effect under division 7A . - (a) reduce the amount of the service able to be obtained by an access provider; - (b) result in the access seeker, or someone else, becoming the owner, or 1 of the owners, of the facility, without the existing owner’s agreement; - (c) require an access provider to pay some or all of the costs of extending the facility. - (a) the access provider is a party to the arbitration; and - (b) the reduction does not prevent the access provider from obtaining a sufficient amount of the service to be able to meet the provider’s reasonably anticipated requirements, as assessed by the authority, as at the time the access dispute notice was given; and - (c) if the authority considers the access provider is entitled to be compensated for the reduction—the amount of compensation is taken into account in fixing the amount to be paid by the access seeker for access to the service. - (a) the requirement is consistent with a requirement imposed under an approved access undertaking for the service that was approved by the authority under section 136 (4) or 142 (2) , and the requirements under subsection (4B) are met; or - (b) the requirements under subsection (5) are met. - (a) the extension will be technically and economically feasible and consistent with the safe and reliable operation of the facility; and - (b) the legitimate business interests of the following entities are protected— (i) the owner of the facility; (ii) if the owner and operator of the facility are different entities—the operator. - (i) the owner of the facility; - (ii) if the owner and operator of the facility are different entities—the operator. - (i) the owner of the facility; - (ii) if the owner and operator of the facility are different entities—the operator. - (a) the access provider is the owner or operator of the facility; and - (b) the authority is satisfied— (i) the extension will be technically and economically feasible and consistent with the safe and reliable operation of the facility; and (ii) the legitimate business interests of the owner of the facility are protected; and (iii) if the owner and operator of the facility are different entities—the legitimate business interests of the operator of the facility are also protected; and - (i) the extension will be technically and economically feasible and consistent with the safe and reliable operation of the facility; and - (ii) the legitimate business interests of the owner of the facility are protected; and - (iii) if the owner and operator of the facility are different entities—the legitimate business interests of the operator of the facility are also protected; and - (c) for an access determination requiring an access provider to extend a facility—the authority imposes a requirement under the determination on a person other than the access provider to pay the costs of extending the facility. - (i) the extension will be technically and economically feasible and consistent with the safe and reliable operation of the facility; and - (ii) the legitimate business interests of the owner of the facility are protected; and - (iii) if the owner and operator of the facility are different entities—the legitimate business interests of the operator of the facility are also protected; and - (a) the costs to be paid by the parties for the extension; and - (b) the benefits to the parties resulting from the extension.