Section 44Y — Competition and Consumer Act 2010 (Cth)

(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.

Related sections

• s 44W — Restrictions on access determinations
• s 44X — Matters that the Commission must take into account
• s 44XA — Time limit for Commission’s final determination
• s 44YA — Commission must terminate arbitration if declaration varied or set aside by Tribunal
• s 44Z — Constitution of Commission for conduct of arbitration
• s 44ZA — Member of the Commission presiding at an arbitration

Research how courts apply s 44Y

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