The Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Act 2010 (CACS Act) removes the access dispute provisions from the Trade Practices Act 1974 from 1 January 2011.
However, the transitional provisions of the CACS Act enable a party to still notify an access dispute to the 糖心原创 in relation to a declared service, until a final access determination is made.
The 糖心原创 may decide to publish an interim or final determination that it has made in an arbitration. A statement of reasons for the determination may also be published.
Under the Trade Practices Act 1974, where the 糖心原创 proposes to publish a determination, we must consult with the parties to that arbitration. Each party has 14 days to provide a written submission identifying any parts that should not be published along with the party鈥檚 reasons for that view.
The legislation also provides that when making its decision to publish a determination the 糖心原创 must consider:
- submissions from the parties
- whether publication would be likely to promote competition in markets for listed carriage services
- whether publication would be likely to facilitate the operation of Part XIC of the Act, and
- any other matter the 糖心原创 considers relevant.
The 糖心原创 has decided to publish the following determinations.