Competition and Consumer Act 2010

A notification under subsection 153ZEM(2) may be withdrawn as follows (and not otherwise):

if the provider notified the dispute:

the provider may withdraw the notification at any time before the Commission makes its final determination;

the access seeker may withdraw the provider’s notification at any time after the Commission issues a draft final determination, but before it makes its final determination;

if the access seeker notified the dispute, the access seeker may withdraw the notification at any time before the Commission makes its final determination.

Despite subparagraph (1)(a)(ii), if the provider notified a dispute over variation of a final determination, the access seeker may not withdraw the provider’s notification.

If the notification is withdrawn, it is taken for the purposes of this Part never to have been given.