Terms and conditions of access
36 Terms and conditions of access
The first carrier (within the meaning of clause 33) must comply with subclause 33(1) on such terms and conditions as are:
agreed between the following parties:
the first carrier;
the second carrier (within the meaning of that clause); or
failing agreement, determined by an arbitrator appointed by the parties.
If the parties fail to agree on the appointment of an arbitrator, the ACCC is to be the arbitrator.
The first carrier (within the meaning of clause 34) must comply with subclause 34(1) on such terms and conditions as are:
agreed between the following parties:
the first carrier;
the second carrier (within the meaning of that clause); or
failing agreement, determined by an arbitrator appointed by the parties.
If the parties fail to agree on the appointment of an arbitrator, the ACCC is to be the arbitrator.
The first carrier (within the meaning of clause 35) must comply with subclause 35(1) on such terms and conditions as are:
agreed between the following parties:
the first carrier;
the second carrier (within the meaning of that clause); or
failing agreement, determined by an arbitrator appointed by the parties.
If the parties fail to 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 clause.
The regulations may provide that, for the purposes of a particular arbitration conducted by the ACCC under this clause, 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.
Subclause (5) does not, by implication, limit subclause (4).
An arbitrator must not make a determination under this clause if the determination would have the effect of:
preventing a designated Telstra successor company from complying with an undertaking in force under section 577A; or
preventing Telstra from complying with an undertaking in force under section 577C or 577E; or
if a final migration plan is in force—requiring a designated Telstra successor company to engage in conduct in connection with matters covered by the final migration plan.
If:
an agreement mentioned in paragraph (1)(a), (2)(a) or (3)(a) is in force; and
the agreement is in writing;
a determination under this clause has no effect to the extent to which it is inconsistent with the agreement.
This provision refers to the regulations (The regulations may make
, The regulations may provide
). Made under this Act:
- Submarine Cable (Perth Protection Zone) Declaration 2007 · Legislative Instrument · under cl 4(1) of sch 3A
- Telecommunications (Analogue Interworking and Non-interference Requirements for Customer Equipment for Connection to a Switched Telephone Network – AS/CA S002) Technical Standard 2025 · Legislative Instrument · under s 376(1)
- Telecommunications (Approving Body) Determination 2017 · Legislative Instrument · under s 410(1)
21 more instruments made under this Act are listed on the Act’s overview.
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