6Notification of disputes

6 Notification of disputes

(1) A service seeker or service provider may notify the ACCC in writing that a dispute exists if the service seeker and the service provider are unable to agree about the terms and conditions on which a service is, or is to be, provided. (2) The following are examples of things on which a service seeker and service provider might disagree: (a) the price, or the method of establishing the price, at which a service is provided; (b) whether a previous determination should be varied. (3) Notification of a dispute about a service must include the following information: (a) the name of the person notifying the dispute (the notifier) and, if the notifier is not an individual, the name and address of an individual who represents the notifier; (b) the notifier’s address for the delivery of documents in relation to the notification; (c) whether the notifier is the service seeker or service provider and: (i) if the notifier is the service seeker—the name and address of the service provider; or (ii) if the notifier is the service provider—the name and address of the service seeker; (d) the provision of the Telecommunications Act or the Consumer Protection Act that requires the service; (e) a description of the dispute, including: (i) whether the dispute is about varying existing access arrangements and, if it is, a description of the arrangements; and (ii) each aspect of the service on which the service seeker and service provider are able to agree; and (iii) each aspect of the service on which the service seeker and service provider are unable to agree; (f) a description of any effort that has been made to resolve the dispute. (4) When it receives notification of a dispute about a service, the ACCC must give written notice of the dispute as follows: (a) if the service seeker notified the dispute—to the service provider; (b) if the service provider notified the dispute—to the service seeker; (c) if the ACCC considers that the determination of the dispute may require another person to do something—to the other person; (d) to any other person whom the ACCC considers may wish to become a party.