sec.127DArbitration of dispute about amendment or revocation of access determination

### sec.127D Arbitration of dispute about amendment or revocation of access determination This section applies if— a party to an access determination has made an application under section 127A ; and another party (the disputing party ) to the access determination does not agree with the amendment or revocation of the access determination applied for. The disputing party may give written notice to the authority that an access dispute exists. On receiving a notice under subsection (2) , the authority must give written notice of the access dispute to all other parties to the access determination. Subject to subsection (6) , the authority must make a written determination (a subdivision 4 determination ) in an arbitration on the amendment or revocation of the access determination. Without limiting subsection (7) , the authority may make a subdivision 4 determination that amends or revokes the access determination only if the authority is reasonably satisfied— there has been a material change of circumstances since the access determination was made; and the material change of circumstances justifies the amendment or revocation. At any time before the authority makes a subdivision 4 determination— the party who made the application under section 127A may withdraw it; or the disputing party may give the authority written notice stating that the disputing party withdraws the notice given under subsection (2) and agrees with the amendment or revocation applied for. Sections 117 (5) to (7) , 117A to 123 apply to the arbitration of the access dispute by the authority as if— a subdivision 4 determination were an access determination; and a notice given under subsection (2) were an access dispute notice. For subsection (7) , section 122 applies as if the following were substituted for paragraph (c) — no material change of circumstances has happened since the access determination was made.’. s 127D ins 2010 No. 32 s 46 (sec.127D-ssec.1) This section applies if— a party to an access determination has made an application under section 127A ; and another party (the disputing party ) to the access determination does not agree with the amendment or revocation of the access determination applied for. (sec.127D-ssec.2) The disputing party may give written notice to the authority that an access dispute exists. (sec.127D-ssec.3) On receiving a notice under subsection (2) , the authority must give written notice of the access dispute to all other parties to the access determination. (sec.127D-ssec.4) Subject to subsection (6) , the authority must make a written determination (a subdivision 4 determination ) in an arbitration on the amendment or revocation of the access determination. (sec.127D-ssec.5) Without limiting subsection (7) , the authority may make a subdivision 4 determination that amends or revokes the access determination only if the authority is reasonably satisfied— there has been a material change of circumstances since the access determination was made; and the material change of circumstances justifies the amendment or revocation. (sec.127D-ssec.6) At any time before the authority makes a subdivision 4 determination— the party who made the application under section 127A may withdraw it; or the disputing party may give the authority written notice stating that the disputing party withdraws the notice given under subsection (2) and agrees with the amendment or revocation applied for. (sec.127D-ssec.7) Sections 117 (5) to (7) , 117A to 123 apply to the arbitration of the access dispute by the authority as if— a subdivision 4 determination were an access determination; and a notice given under subsection (2) were an access dispute notice. (sec.127D-ssec.8) For subsection (7) , section 122 applies as if the following were substituted for paragraph (c) — no material change of circumstances has happened since the access determination was made.’. s 127D ins 2010 No. 32 s 46 - (a) a party to an access determination has made an application under section 127A ; and - (b) another party (the disputing party ) to the access determination does not agree with the amendment or revocation of the access determination applied for. - (a) there has been a material change of circumstances since the access determination was made; and - (b) the material change of circumstances justifies the amendment or revocation. - (a) the party who made the application under section 127A may withdraw it; or - (b) the disputing party may give the authority written notice stating that the disputing party withdraws the notice given under subsection (2) and agrees with the amendment or revocation applied for. - (a) a subdivision 4 determination were an access determination; and - (b) a notice given under subsection (2) were an access dispute notice. - ‘(c) no material change of circumstances has happened since the access determination was made.’.