Commonwealth Numbered Regulations

1996 No. 20 TRADE PRACTICES REGULATIONS (AMENDMENT) - REG 2

2.1 After regulation 6B, insert: Notification of access dispute

"6C. (1) A notification under section 44S of the Act of an access dispute in
relation to a declared service must include the following information:

   (a)  the name of the person notifying the dispute (in this regulation
        called 'the notifier') and, if the notifier is not an individual, the
        name and contact details of a contact person for the notifier;

   (b)  the notifier's address for the delivery of documents relating to
        matters arising out of the notification;

   (c)  whether the notifier is the provider or the third party and:

        (i)    if the notifier is the provider-the name and other particulars
               of the third party; or

        (ii)   if the notifier is the third party-the name and other
               particulars of the provider, or of each provider, of the
               service and, if the provider does not own the facility, the
               name of the owner, or of each owner, of the facility, as the
               case requires;

   (d)  a short description of the business (existing and anticipated) of the
        notifier;

   (e)  a description of the service and of the facility used to provide the
        service;

   (f)  a description of the access dispute, including:

        (i)    whether the dispute is about the varying of existing access
               arrangements and, if so, a description of those arrangements;
               and

        (ii)   each aspect of the access to the service on which the parties
               to the dispute are able to agree; and

        (iii)  each aspect of the access to the service on which the parties
               to the dispute are not able to agree;

   (g)  a description of efforts, if any, to resolve the dispute;

   (h)  to the best of the notifier's knowledge, particulars of:

        (i)    any existing user of the service, including a brief description
               of how, if at all, access would affect the user; and

        (ii)   any person having a right (contractual or otherwise) to require
               the provider to provide the service to that person, including a
               description of how, if at all, access would affect that right;

   (j)  whether access would involve extending the facility;

   (k)  to the best of the notifier's knowledge, an estimate or description of
        the direct costs of providing access to the service to the third
        party, indicating who will bear those costs;

   (l)  whether access will involve the third party becoming the owner (or one
        of the owners) of any part of the facility, or of extensions of the
        facility, and, if so:

        (i)    a short description of the circumstances by which the third
               party's ownership would arise; and

        (ii)   whether the provider consents, or will consent, to the third
               party becoming an owner;

   (m)  a description of one or more methods by which access to the service
        can be provided and details of any risk to human health or safety
        caused by that method or those methods;

   (n)  if the notifier is the third party-a short description of the benefits
        from allowing access to the service, or increased access to the
        service, as the case requires.

"(2) The notifier must pay to the Commission, in respect of a notification, a
fee of $2,750.

"(3) A fee under subregulation (2) is payable at the time of giving the
notification. Withdrawal of notification

"6D. (1) A withdrawal of a notification, under section 44T of the Act:

   (a)  must be by notice in writing to the Commission; and

   (b)  must include the following information:

        (i)    the name of the person withdrawing the notification;

        (ii)   whether the person withdrawing the notification is the provider
               or the third party;

        (iii)  a short description of the access dispute to which the
               notification relates;

        (iv)   a reference to the relevant paragraph or subparagraph of
               subsection 44T (1) of the Act under which the person
               withdrawing the notification claims to be authorised to do so.

"(2) At the time of giving a notice of withdrawal to the Commission under
subregulation (1), the person withdrawing the notification must give a copy of
the notice to:

   (a)  the provider or the third party, as the case requires, who is not
        withdrawing the notification; and

   (b)  any other person to whom the Commission has given notice in writing
        under subsection 44S (2) of the Act.

"(3) A notice of withdrawal takes effect when it is received by the
Commission. Summons to witness-access arbitration

"6E. (1) A summons under subsection 44ZH (2) of the Act must be in accordance
with Form AA.

"(2) For the purposes of section 44ZI of the Act, a summons must be served on
a person by:

   (a)  delivering a copy of the summons to the person personally; and

   (b)  showing the original of the summons to the person at the time at which
        the copy is delivered to the person. Costs of an access arbitration

"6F. (1) This regulation is made for the purposes of section 44ZN of the Act.

"(2) The Commission may charge, for its costs in conducting an arbitration of
an access dispute:

   (a)  a pre-hearing fee of:

        (i)    if the access dispute is in respect of a variation of an
               existing determination relating to access by the third
               party-$2,000; or

        (ii)   in any other case-$10,000; and

   (b)  a hearing fee of $4,000 for each day, or part of a day, of the
        arbitration hearing.

"(3) A pre-hearing fee charged under paragraph (2) (a) is payable by the
person who notified the access dispute on or before the commencement of the
arbitration hearing.

"(4) A hearing fee charged under paragraph (2) (b) for a day, or part of a
day, of the arbitration hearing:

   (a)  must be apportioned by the Commission between the parties appearing at
        the hearing on that day; and

   (b)  is payable by those parties accordingly.

"(5) Nothing in this regulation enables the Tribunal to charge for its costs
in conducting a review of a determination. Application for registration of a
contract for access

"6G. (1) An application under section 44ZW of the Act for registration of a
contract that provides for access to a declared service:

   (a)  must be in writing; and

   (b)  must include the following information:

        (i)    the names of the parties to the contract and, if a party is not
               an individual, the name and contact details of a contact person
               for that party;

        (ii)   each party's address for the delivery of documents in relation
               to the application;

        (iii)  a description of the service to which the contract relates;

        (iv)   a description of the contract, including the date on which the
               contract was made;

        (v)    a description of the impact of the contract on the level of
               competition in relevant markets;

        (vi)   a description of the impact of the contract on other users of
               the service, including particulars of those users.

"(2) A fee of $5,000 is payable to the Commission in respect of an application
referred to in subregulation (1), at the time of making the application.
Inspection of Part IIIA registers and copies of documents

"6H. (1) In this regulation and in regulation 6I, 'Part IIIA register' means:

   (a)  the public register of decisions and declarations kept under section
        44Q of the Act; or

   (b)  the public register of registered contracts kept under section 44ZW of
        the Act; or

   (c)  the public register of access undertakings kept under section 44ZZC of
        the Act; or

   (d)  the public register of determinations kept under section 44ZZL of the
        Act.

"(2) A person may:

   (a)  inspect any Part IIIA register upon request made in accordance with
        subregulation (3); and

   (b)  obtain a copy of any document on a Part IIIA register (including,
        where the person so requests, a copy certified to be a true copy by a
        person authorised by the Commission to certify copies of that kind):

        (i)    on request made in accordance with subregulation (4); and

        (ii)   on payment of the fee prescribed by regulation 28.

"(3) A request to inspect a Part IIIA register must be made in person at the
office of the Commission where that register is kept.

"(4) A request to obtain a copy of a document contained in a Part IIIA
register must be made:

   (a)  in person at the office of the Commission where that register is kept;
        or

   (b)  in writing to the Commission at that office. Evidence of Part IIIA
        register documents

"6I. (1) A copy of a document contained in a Part IIIA register, certified to
be a true copy by a person authorised by the Commission to certify copies of
documents of that kind, is to be received in all courts and tribunals as
evidence of the document.

"(2) A document purporting to be a copy of a document contained in a Part IIIA
register and to be certified to be a true copy in accordance with
subregulation (1), is to be taken to be a true copy of the document and to be
so certified, unless the contrary is established.".