Competition and Consumer Act 2010

Unless it terminates the arbitration under section 153ZEU, the Commission:

must make a written final determination; and

may make a written interim determination;

A determination may deal with any matter relating to access to the CS service by the access seeker, including matters that were not the basis for notification of the access dispute.

A determination may do any of the following:

require the provider to provide access to the CS service by the access seeker;

require the access seeker to accept, and pay for, access to the CS service;

specify the terms and conditions of the access seeker’s access to the CS service;

vary or revoke an earlier determination relating to access to the CS service by the access seeker.

Before making a determination, the Commission must:

give a draft determination to the parties; and

consult ASIC and the Reserve Bank of Australia about the determination.

When the Commission makes a determination, it must give the parties its reasons for making the determination.

The Commission must also publish a written report about a final determination it makes (see section 153ZET).

A determination is not a legislative instrument.