Competition and Consumer Act. Australia
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Название: Competition and Consumer Act
Автор: Australia
Издательство: Проспект
Жанр: Юриспруденция, право
isbn: 9785392085088
isbn:
End day 1 An agreement is made in relation to the arbitration 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 direction is given under subsection 44ZG(1) to give information or make a submission within a specified period The first day of the period specified for the giving of the information or the making of the submission The last day of the period specified for the giving of the information or the making of the submission 3 A decision is published under subsection 44ZZCB(4) deferring consideration of the dispute while the Commission considers an access undertaking The day on which the decision is published The day on which the Commission makes its decision on the access undertaking under subsection 44ZZA(3) 4 The Commission, under subsection 44ZZCBA(1) or (2), defers arbitrating the dispute while a declaration is under review by the Tribunal The day on which the Commission gives the notice to defer arbitrating the dispute The day the Tribunal makes its decision under section 44K on the review
(3) Despite subsection (2), do not disregard any day more than once.
Stopping the clock by agreement
(4) The Commission and the parties to the access dispute may agree in writing that a specified period is to be disregarded in working out the expected period.
(5) The Commission must publish, by electronic or other means, the agreement.
Deemed final determination
(6) If the Commission does not publish under section 44ZNB a written report about a final determination within the expected period, it is taken, immediately after the end of the expected period, to have:
(a) made a final determination that does not impose any obligations on the parties or alter any obligations (if any) that exist at that time between the parties; and
(b) published a written report about the final determination under section 44ZNB.
44Y Commission may terminate arbitration in certain cases
(1) The Commission may at any time terminate an arbitration (without making a final determination) if it thinks that:
(a) the notification of the dispute was vexatious; or
(b) the subject matter of the dispute is trivial, misconceived or lacking in substance; or
(c) the party who notified the dispute has not engaged in negotiations in good faith; or
(d) access to the service should continue to be governed by an existing contract between the provider and the third party.
(2) In addition, if the dispute is about varying an existing determination, the Commission may terminate the arbitration if it thinks there is no sufficient reason why the previous determination should not continue to have effect in its present form.
44YA Commission must terminate arbitration if declaration varied or set aside by Tribunal
If the Commission is arbitrating a dispute in relation to a declared service and the Tribunal sets aside or varies the declaration in relation to the service under section 44K, the Commission must terminate the arbitration.
Subdivision D
Procedure in arbitrations
44Z Constitution of Commission for conduct of arbitration
For the purposes of a particular arbitration, the Commission is to be constituted by 2 or more members of the Commission nominated in writing by the Chairperson.
44ZA Member of the Commission presiding at an arbitration
(1) Subject to subsection (2), the Chairperson is to preside at an arbitration.
(2) If the Chairperson is not a member of the Commission as constituted under section 44Z in relation to a particular arbitration, the Chairperson must nominate a member of the Commission to preside at the arbitration.
44ZB Reconstitution of Commission
(1) This section applies if a member of the Commission who is one of the members who constitute the Commission for the purposes of a particular arbitration:
(a) stops being a member of the Commission; or
(b) for any reason, is not available for the purpose of the arbitration.
(2) The Chairperson must either:
(a) direct that the Commission is to be constituted for the purposes of finishing the arbitration by the remaining member or members; or
(b) direct that the Commission is to be constituted for that purpose by the remaining member or members together with one or more other members of the Commission.
(3) If a direction under subsection (2) is given, the Commission as constituted in accordance with the direction must continue and finish the arbitration and may, for that purpose, have regard to any record of the proceedings of the arbitration made by the Commission as previously constituted.
44ZC Determination of questions
If the Commission is constituted for an arbitration by 2 or more members of the Commission, any question before the Commission is to be decided:
(a) unless paragraph (b) applies — according to the opinion of the majority of those members; or
(b) if the members are evenly divided on the question — according to the opinion of the member who is presiding.
44ZD Hearing to be in private
(1) Subject to subsection (2), an arbitration hearing for an access dispute is to be in private.
(2) If the parties agree, an arbitration hearing or part of an arbitration hearing may be conducted in public.
(3) The member of the Commission who is presiding at an arbitration hearing that is conducted in private may give written directions as to the persons who may be present.
(4) In giving directions under subsection (3), the member presiding must have regard to the wishes of the parties and the need for commercial confidentiality.
44ZE Right to representation
In an arbitration hearing before the Commission under this Part, a party may appear in person or be represented by someone else.
44ZF Procedure of Commission
(1) In an arbitration hearing about an access dispute, the Commission:
(a) is not bound by technicalities, legal forms or rules of evidence; and
(b) must act as speedily as a proper consideration of the dispute allows, having regard to the need to carefully and quickly inquire into and investigate the dispute and all matters affecting the merits, and fair settlement, of the dispute; and
(c) СКАЧАТЬ