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COMPETITION AND CONSUMER ACT 2010 - SECT 44ZNB

Arbitration reports

             (1)  The Commission must prepare a written report about a final determination it makes. It must publish, by electronic or other means, the report.

             (2)  The report may include the whole or a part of the determination and the reasons for the determination or the part of the determination.

Report must include certain matters

             (3)  The report must set out the following matters:

                     (a)  the principles the Commission applied in making the determination;

                     (b)  the methodologies the Commission applied in making the determination and the reasons for the choice of the asset valuation methodology;

                     (c)  how the Commission took into account the matters mentioned in subsection 44X(1) in making the determination;

                     (d)  any matter the Commission took into account under subsection 44X(2) in making the determination and the reasons for doing so;

                     (e)  any information provided by the parties to the arbitration that was relevant to those principles or methodologies;

Note:       Confidentiality issues are dealt with in subsections (5) to (7).

                      (f)  any implications the Commission considers the determination has for persons seeking access to the service or to similar services in the future;

                     (g)  if applicable--the reasons for the determination dealing with matters that were already agreed between the parties to the arbitration at the time the access dispute was notified;

                     (h)  if applicable--the reasons for the access dispute being the subject of a joint arbitration hearing under section 44ZNA despite the objection of a party to the arbitration.

Report may include other matters

             (4)  The report may include any other matter that the Commission considers relevant.

Confidentiality

             (5)  The Commission must not include in the report any information the Commission decided not to give to a party to the arbitration under section 44ZL.

             (6)  Before publishing the report, the Commission must give each party to the arbitration a notice in writing:

                     (a)  specifying what the Commission is proposing to publish; and

                     (b)  inviting the party to make a written submission to the Commission within 14 days after the notice is given identifying any information the party considers should not be published because of its confidential commercial nature.

             (7)  The Commission must have regard to any submission so made in deciding what to publish. It may have regard to any other matter it considers relevant.

Legislation Act 2003

             (8)  A report prepared under subsection (1) is not a legislative instrument.



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