Time limit for Commission decisions
44ZZBC Time limit for Commission decisions
Commission to make decision on application within 180 days
The Commission must make a decision on an access undertaking application or an access code application within the period of 180 days (the expected period) starting at the start of the day the application is received.
Stopping the clock
In working out the expected period in relation to an access undertaking application or an access code application, in a situation referred to in column 1 of an item of the following table, disregard any day in a period:
starting on the day referred to in column 2 of the item; and
ending on the day referred to in column 3 of the item.
Stopping the clock | |||
|---|---|---|---|
Item | Column 1 Situation | Column 2 Start day | Column 3 End day |
1 | An agreement is made in relation to the application under subsection (4) | The first day of the period specified in the agreement | The last day of the period specified in the agreement |
2 | A notice is given under subsection 44ZZBCA(1) requesting information in relation to the application | The day on which the notice is given | The last day of the period specified in the notice for the giving of the information |
3 | A notice is published under subsection 44ZZBD(1) inviting public submissions in relation to the application | The day on which the notice is published | The day specified in the notice as the day by which submissions may be made |
4 | A decision is published under subsection 44ZZCB(4) deferring consideration of whether to accept the access undertaking, in whole or in part, while the Commission arbitrates an access dispute | The day on which the decision is published | The day on which the final determination in relation to the arbitration of the access dispute is made |
Despite subsection (2), do not disregard any day more than once.
Stopping the clock by agreement
The Commission and:
for an access undertaking application—the provider of the service; and
for an access code application—the industry body or its replacement;
may agree in writing that a specified period is to be disregarded in working out the expected period.
The Commission must publish, by electronic or other means, the agreement.
Deemed final determination
If the Commission does not publish under section 44ZZBE an access undertaking decision or an access code decision within the expected period, it is taken, immediately after the end of the expected period, to have:
made a decision to not accept the application; and
published its decision under section 44ZZBE and its reasons for that decision.
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