Competition and Consumer Act. Australia
Чтение книги онлайн.
Читать онлайн книгу Competition and Consumer Act - Australia страница 53
Название: Competition and Consumer Act
Автор: Australia
Издательство: Проспект
Жанр: Юриспруденция, право
isbn: 9785392085088
isbn:
(b) the Commission then makes a final determination in relation to the arbitration of the access dispute;
then the Commission must resume considering whether to accept the access undertaking.
Publication
(4) The Commission must publish, by electronic or other means, any decision it makes under subsection (1) and its reasons for the decision. The Commission must give a copy of the decision (including the reasons for the decision) to each party to the arbitration.
Guidelines
(5) In exercising the power conferred by subsection (1), the Commission must have regard to:
(a) the fact that the access undertaking will, if accepted, apply generally to access seekers and a final determination relating to the access dispute will only apply to the parties to the arbitration; and
(b) any guidelines in force under subsection (6).
It may have regard to any other matter it considers relevant.
(6) The Commission must, by legislative instrument, determine guidelines for the purposes of subsection (5).
(7) The Commission must take all reasonable steps to ensure that the first set of guidelines under subsection (6) is made within 6 months after the commencement of this subsection.
Legislative Instruments Act
(8) A notice made under subsection (1) is not a legislative instrument for the purposes of the Legislative Instruments Act 2003.
44ZZCBA Deferral of arbitration if review is underway
Commission may defer arbitration if declaration not stayed
(1) If:
(a) the Commission is arbitrating an access dispute relating to one or more matters of access to a declared service; and
(b) an application for review of the declaration of the service has been made under subsection 44K(1); and
(c) 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
(2) If:
(a) the Commission is arbitrating an access dispute relating to one or more matters of access to a declared service; and
(b) an application for review of the declaration of the service has been made under subsection 44K(1); and
(c) 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
(3) 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
(4) If the Commission defers arbitrating the access dispute and the Tribunal sets aside or varies the declaration, the Commission must terminate the arbitration.
(5) If:
(a) an arbitration is terminated under subsection (4) or section 44YA; and
(b) an access dispute is notified under section 44S in relation to access to the same declared service; and
(c) 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
(6) A notice given under subsection (1) or (2) is not a legislative instrument.
44ZZCC Overlap between determinations and access undertakings
If, at a particular time:
(a) a final determination is in operation in relation to a declared service; and
(b) an access undertaking is in operation in relation to the service;
the third party’s access to the service at that time is to be determined under the undertaking to the extent that it deals with a matter or matters relating to access to the service that are not dealt with in the determination.
44ZZCD Overlap between registered contracts and access undertakings
If, at a particular time:
(a) a contract is registered under Division 4 in relation to a declared service; and
(b) an access undertaking is in operation in relation to the service;
the third party’s access to the service at that time is to be determined under the undertaking to the extent that it deals with a matter or matters relating to access to the service that are not dealt with in the contract.
Division 7
Enforcement and remedies
44ZZD Enforcement of determinations
(1) If the Federal Court is satisfied, on the application of a party to a determination, that another party to the determination has engaged, is engaging, or is proposing to engage in conduct that constitutes a contravention of the determination, the Court may make all or any of the following orders:
(a) an order granting an injunction on such terms as the Court thinks appropriate:
(i) restraining the other party from engaging in the conduct; or
(ii) if the conduct involves refusing or failing to do something — requiring the other party to do that thing;
(b) an order directing the other party to compensate the applicant for loss or damage suffered as a result of the contravention;
(c) any other order that the Court thinks appropriate.
(2) If the Federal Court has power under subsection (1) to grant an injunction restraining a person from engaging in particular conduct, or requiring a person to do anything, the Court may make any other orders (including granting an injunction) that it thinks appropriate against any other person who was involved in the contravention concerned.
(3) СКАЧАТЬ