Competition and Consumer Act - Australia

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been made a party to the proceedings for review by the Tribunal; and

      (b) publish, by electronic or other means, the notice.

      (6) The Tribunal may either affirm or vary the Commission’s determination.

      (7) The determination, as affirmed or varied by the Tribunal, is to be taken to be a determination of the Commission for all purposes of this Part (except this section).

      (8) The decision of the Tribunal takes effect from when it is made.

      44ZQ Provisions that do not apply in relation to a Tribunal review

      Sections 37, 39 to 43 (inclusive) and 103 to 110 (inclusive) do not apply in relation to a review by the Tribunal of a final determination made by the Commission.

      44ZR Appeals to Federal Court from determinations of the Tribunal

      (1) A party to an arbitration may appeal to the Federal Court, on a question of law, from the decision of the Tribunal under section 44ZP.

      (2) An appeal by a person under subsection (1) must be instituted:

      (a) not later than the 28th day after the day on which the decision of the Tribunal is made or within such further period as the Federal Court (whether before or after the end of that day) allows; and

      (b) in accordance with the Rules of Court made under the Federal Court of Australia Act 1976.

      (3) The Federal Court must hear and determine the appeal and may make any order that it thinks appropriate.

      (4) The orders that may be made by the Federal Court on appeal include (but are not limited to):

      (a) an order affirming or setting aside the decision of the Tribunal; and

      (b) an order remitting the matter to be decided again by the Tribunal in accordance with the directions of the Federal Court.

      44ZS Operation and implementation of a determination that is subject to appeal

      (1) Subject to this section, the fact that an appeal is instituted in the Federal Court from a decision of the Tribunal does not affect the operation of the decision or prevent action being taken to implement the decision.

      (2) If an appeal is instituted in the Federal Court from a decision of the Tribunal, the Federal Court or a judge of the Federal Court may make any orders staying or otherwise affecting the operation or implementation of the decision of the Tribunal that the Federal Court or judge thinks appropriate to secure the effectiveness of the hearing and determination of the appeal.

      (3) If an order is in force under subsection (2) (including an order previously varied under this subsection), the Federal Court or a judge of the Federal Court may make an order varying or revoking the first-mentioned order.

      (4) An order in force under subsection (2) (including an order previously varied under subsection (3)):

      (a) is subject to any conditions that are specified in the order; and

      (b) has effect until:

      (i) the end of any period for the operation of the order that is specified in the order; or

      (ii) the giving of a decision on the appeal;

      whichever is earlier.

      44ZT Transmission of documents

      If an appeal is instituted in the Federal Court:

      (a) the Tribunal must send to the Federal Court all documents that were before the Tribunal in connection with the matter to which the appeal relates; and

      (b) at the conclusion of the proceedings before the Federal Court in relation to the appeal, the Federal Court must return the documents to the Tribunal.

      Subdivision G

      Variation and revocation of determinations

      44ZU Variation of final determinations

      (1) The Commission may vary a final determination on the application of any party to the determination. However, it cannot vary the final determination if any other party objects.

      Note: If the parties cannot agree on a variation, a new access dispute can be notified under section 44S.

      (2) Sections 44W and 44X apply to a variation under this section as if:

      (a) an access dispute arising out of the final determination had been notified when the application was made to the Commission for the variation of the determination; and

      (b) the variation were the making of a final determination in the terms of the varied determination.

      44ZUA Variation and revocation of interim determinations

      (1) The Commission may, by writing, vary or revoke an interim determination.

      (2) The Commission must, by writing, revoke an interim determination if requested to do so by the parties to the determination.

      Division 4

      Registered contracts for access to declared services

      44ZV Constitutional limits on operation of this Division

      This Division does not apply to a contract unless:

      (a) the contract provides for access to a declared service; and

      (b) the contract was made after the service was declared; and

      (c) the parties to the contract are the provider of the service and a third party; and

      (d) at least one of the following conditions is met:

      (i) the provider is a corporation (or a partnership or joint venture consisting wholly of corporations);

      (ii) the third party is a corporation;

      (iii) the access is (or would be) in the course of, or for the purposes of, constitutional trade or commerce.

      44ZW Registration of contract

      (1) On application by all the parties to a contract, the Commission must:

      (a) register the contract by entering the following details on a public register:

      (i) the names of the parties to the contract;

      (ii) the service to which the contract relates;

      (iii) the date on which the contract was made; or

      (b) decide not to register the contract.

      (2) In deciding whether to register a contract, the Commission must take into account:

      (aa) the objects of this Part; and

      (a) the public interest, including the public interest in having competition in markets (whether or not in Australia); and

      (b) the interests of all persons who have rights to use the service to which the contract relates.

      (2A) The Commission must not register a contract if it deals with a matter or matters relating to access to the service that are dealt with in an access undertaking that is in operation.

      (3) The Commission must publish a decision not to register a contract.

      (4) If the Commission publishes a decision not to register a contract, it must give the parties to the contract reasons for the decision when it publishes the decision.

      44ZX Review of decision not to register contract

      (1) If the Commission decides not to register a contract, a party to the contract may apply in writing to the Tribunal for review of the decision.

      (2) An application for review must be made within 21 days

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