Competition and Consumer Regulations 2010

A notification under section 44S of the Act of an access dispute in relation to a declared service must include the following information:

the name of the person notifying the dispute (in this regulation called the notifier) and, if the notifier is not an individual, the name and contact details of a contact person for the notifier;

the notifier’s address for the delivery of documents relating to matters arising out of the notification (which may be an electronic address);

whether the notifier is the provider or the third party and:

if the notifier is the provider—the name and other particulars of the third party; or

if the notifier is the third party—the name and other particulars of the provider, or of each provider, of the service and, if the provider does not own the facility, the name of the owner, or of each owner, of the facility, as the case requires;

a short description of the business (existing and anticipated) of the notifier;

a description of the service and of the facility used to provide the service;

a description of the access dispute, including:

whether the dispute is about the varying of existing access arrangements and, if so, a description of those arrangements; and

each aspect of the access to the service on which the parties to the dispute are able to agree; and

each aspect of the access to the service on which the parties to the dispute are not able to agree;

a description of efforts, if any, to resolve the dispute;

to the best of the notifier’s knowledge, particulars of:

any existing user of the service, including a brief description of how, if at all, access would affect the user; and

any person having a right (contractual or otherwise) to require the provider to provide the service to that person, including a description of how, if at all, access would affect that right;

whether access would involve extending the facility;

to the best of the notifier’s knowledge, an estimate or description of the direct costs of providing access to the service to the third party, indicating who will bear those costs;

whether access will involve the third party becoming the owner (or one of the owners) of any part of the facility, or of extensions of the facility, and, if so:

a short description of the circumstances by which the third party’s ownership would arise; and

whether the provider consents, or will consent, to the third party becoming an owner;

a description of one or more methods by which access to the service can be provided and details of any risk to human health or safety caused by that method or those methods;

if the notifier is the third party—a short description of the benefits from allowing access to the service, or increased access to the service, as the case requires.

The notifier must pay to the Commission, in respect of a notification, a fee of $2,750.

A fee under subregulation (2) is payable at the time of giving the notification.