40Access determinations

40 Access determinations

40 Access determinations

(1) If a dispute exists between a service provider and an access seeker—

(a) as to the terms on which the access seeker is to be given access (or an increase in access) to a service the subject of a coverage declaration or an access undertaking, or

(b) as to any matter arising under an access agreement that provides for a dispute as to that matter to be dealt with in accordance with this section, or

(c) as to any matter arising under a determination under this section,

either party to the dispute may apply to IPART for the dispute to be determined by arbitration.

Note.

Pursuant to section 24B of the Independent Pricing and Regulatory Tribunal Act 1992 (as applied by subsection (5)), the arbitrator for such a dispute may be IPART or some other person appointed by IPART to arbitrate the dispute.

(2) IPART may refuse to accept such an application if it is not satisfied that the applicant has, in good faith, attempted to resolve the dispute by negotiation.

(3) At any time after commencement of proceedings on an application under this section, the arbitrator may require the service provider to cause notice of the proceedings to be given to all other persons to which the service provider provides access to the service concerned.

(4) Subject to this section and the regulations, the Commercial Arbitration Act 2010 applies to an arbitration under this section, and to any determination arising from an arbitration under this section, as if a reference in that Act to an award were a reference to a determination under this section.

(5) Sections 24B–24E of the Independent Pricing and Regulatory Tribunal Act 1992 apply to an arbitration under this section in the same way as they apply to an arbitration under section 24A of that Act, and so apply as if—

(a) a reference in those sections to a government agency were a reference to a service provider, and

(b) section 24B (2) and (3) (b) and (c) of that Act were omitted,

except that section 15 of that Act does not apply in relation to any determination arising from an arbitration under this section.