Section 153ZEM — Competition and Consumer Act 2010 (Cth)

(1) This section applies in relation to a CS service if it is a declared CS service.

(2) If:

(a) an access seeker for the CS service is unable to agree with the provider on one or more aspects of access to the CS service that are or have been the subject of a negotiation under Division 3; and

(b) the access seeker and the provider are or were parties to the negotiation;

either party may notify the Commission in writing that an access dispute exists.

Note: An example of one of the things on which a provider and an access seeker for a CS service might disagree is whether a previous determination ought to be varied.

(3) The notification must include information about:

(a) the issues (if any) on which agreement has been reached in the negotiation under Division 3; and

(b) the issues that are in dispute; and

(c) if regulations made for the purposes of this paragraph specify other matters—those matters.

(4) On receiving the notification, the Commission must give notice in writing of the access dispute, as soon as practicable, to:

(a) the provider, if the access seeker notified the access dispute; and

(b) the access seeker, if the provider notified the access dispute; and

(c) any other person whom the Commission thinks might want to become a party to the arbitration.

Related sections

• s 153ZEJ — Conducting negotiations under this Division
• s 153ZEK — Information request by bargaining party—general
• s 153ZEL — Information request by bargaining party—miscellaneous rules
• s 153ZEN — Withdrawal of notifications
• s 153ZEO — Parties to the arbitration
• s 153ZEP — Determination by Commission

Research how courts apply s 153ZEM

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