Commonwealth Consolidated Acts

TRADE PRACTICES ACT 1974 - SECT 152CLA

             (1)  The Commission must, in exercising its powers under this Division, have regard to the desirability of access disputes being resolved in a timely manner (including through the use of alternative dispute resolution methods such as mediation and conciliation).

Note:          The Commission must also have regard to the the matters set out in section 152CR, to any relevant pricing determination under section 152AQA and, in the case of core services, to any relevant determination under section 152AQB.

Deferral of consideration of access dispute

             (2)  If:

                     (a)  the Commission receives an access undertaking that relates, in whole or in part, to a matter; and

                     (b)  the matter is the subject of an access dispute that has been notified to the Commission;

the Commission may defer consideration of the access dispute, in whole or in part, while the Commission considers the access undertaking.

             (3)  Subsection (2) has effect despite anything in this Division (other than subsection (4)).

Guidelines about deferral

             (4)  In exercising the power conferred by subsection (2), the Commission must have regard to:

                     (a)  the fact that the access undertaking will, if accepted, apply generally to access seekers whereas a determination relating to the access dispute will only apply to the parties to the determination; and

                     (b)  any guidelines in force under subsection (5); and

                     (c)  such other matters as the Commission considers relevant.

             (5)  The Commission must, by writing, formulate guidelines for the purposes of subsection (4).

             (6)  The Commission must take all reasonable steps to ensure that the first set of guidelines under subsection (5) is made within 6 months after the commencement of this subsection.

             (7)  Guidelines under subsection (5) are to be made available on the Internet.

Procedural Rules

             (8)  Subsections (2) to (7) may be displaced or modified by the Procedural Rules.

             (9)  The Procedural Rules may authorise the Commission to defer consideration of an access dispute, in whole or in part.

           (10)  Subsection (9) has effect despite anything in this Division.