Deferral of arbitration if review is underway
44ZZCBA Deferral of arbitration if review is underway
Commission may defer arbitration if declaration not stayed
If:
the Commission is arbitrating an access dispute relating to one or more matters of access to a declared service; and
an application for review of the declaration of the service has been made under subsection 44K(1); and
the Tribunal does not make an order under section 44KA staying the operation of the declaration;
then the Commission may, by notice in writing to each party to the arbitration, decide to defer arbitrating the access dispute until the Tribunal has made its decision on the review if it considers it appropriate to do so.
Commission must defer arbitration if declaration stayed
If:
the Commission is arbitrating an access dispute relating to one or more matters of access to a declared service; and
an application for review of the declaration of the service has been made under subsection 44K(1); and
the Tribunal makes an order under section 44KA staying the operation of the declaration;
then the Commission must, by notice in writing to each party to the arbitration, defer arbitrating the access dispute until the Tribunal has made its decision on the review.
Resumption of arbitration if declaration affirmed
If the Commission defers arbitrating the access dispute and the Tribunal affirms the declaration, the Commission must resume arbitrating the dispute.
Termination of arbitration if declaration varied or set aside
If the Commission defers arbitrating the access dispute and the Tribunal sets aside or varies the declaration, the Commission must terminate the arbitration.
If:
an arbitration is terminated under subsection (4) or section 44YA; and
an access dispute is notified under section 44S in relation to access to the same declared service; and
the parties to the dispute are the same parties to the terminated arbitration;
then the Commission may have regard to any record made in the course of the terminated arbitration if it considers it appropriate to do so.
Notices are not legislative instruments
A notice given under subsection (1) or (2) is not a legislative instrument.
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