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

(1) Unless it terminates the arbitration under section 153ZEU, the Commission:

(a) must make a written final determination; and

(b) may make a written interim determination;

on access by the access seeker to the CS service.

(2) A determination may deal with any matter relating to access to the CS service by the access seeker, including matters that were not the basis for notification of the access dispute.

Example: A determination may do any of the following:

(a) require the provider to provide access to the CS service by the access seeker;

(b) require the access seeker to accept, and pay for, access to the CS service;

(c) specify the terms and conditions of the access seeker’s access to the CS service;

(d) vary or revoke an earlier determination relating to access to the CS service by the access seeker.

(3) Before making a determination, the Commission must:

(a) give a draft determination to the parties; and

(b) consult ASIC and the Reserve Bank of Australia about the determination.

(4) When the Commission makes a determination, it must give the parties its reasons for making the determination.

Note: The Commission must also publish a written report about a final determination it makes (see section 153ZET).

(5) A determination is not a legislative instrument.

Related sections

• s 153ZEM — Notification of access disputes
• s 153ZEN — Withdrawal of notifications
• s 153ZEO — Parties to the arbitration
• s 153ZEQ — Restrictions on access determinations
• s 153ZER — Matters that the Commission must take into account
• s 153ZES — Time limit for Commission’s final determination

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