Section 44S — Competition and Consumer Act 2010: Notification of access disputes

(1) If a third party is unable to agree with the provider on one or more aspects of access to a declared service, either the provider or the third party may notify the Commission in writing that an access dispute exists, but only to the extent that those aspects of access are not the subject of an access undertaking that is in operation in relation to the service. Note: An example of one of the things on which a provider and third party might disagree is whether a previous determination ought to be varied. (2) On receiving the notification, the Commission must give notice in writing of the access dispute to: (a) the provider, if the third party notified the access dispute; (b) the third party, if the provider notified the access dispute; (c) any other person whom the Commission thinks might want to become a party to the arbitration.