Requirement to supply carriage services for defence purposes or for the management of natural disasters
335 Requirement to supply carriage services for defence purposes or for the management of natural disasters
A defence authority may give a carriage service provider a written notice requiring the provider to supply a specified carriage service for the use of:
the Defence Department; or
the Defence Force.
A defence authority must not issue a notice about a carriage service unless the service is required for:
defence purposes; or
for the purposes of the management of natural disasters;
or both.
A notice issued by a defence authority requiring a carriage service provider to supply a carriage service in particular circumstances is of no effect if there is in force a written certificate issued by the ACMA stating that, in the ACMA’s opinion, it would be unreasonable for the provider to be required to supply the service in those circumstances.
If a requirement is in force, the provider must supply the carriage service in accordance with the requirement and on such terms and conditions as are:
agreed between the provider and the defence authority; or
failing agreement, determined by an arbitrator appointed by the parties.
If the parties cannot agree on the appointment of an arbitrator, the ACCC is to be the arbitrator.
The regulations may make provision for and in relation to the conduct of an arbitration under this section.
The regulations may provide that, for the purposes of a particular arbitration conducted by the ACCC under this section, the ACCC may be constituted by a single member, or a specified number of members, of the ACCC. For each such arbitration, that member or those members are to be nominated in writing by the Chairperson of the ACCC.
Subsection (6) does not, by implication, limit subsection (5).
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