Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Unless otherwise specified, a final determination of an access dispute has effect 21 days after the determination is made.
Backdating
(2) Any or all of the provisions of the final determination may be expressed to apply from a specified day that is earlier than the day on which it takes effect under subsection (1).
Example: The Commission makes a final determination on 1 August. It takes effect under subsection (1) on 22 August, but it is expressed to apply from 1 July.
(3) The specified day must not be earlier than the day on which the notification of negotiations under section 153ZEH was given that led to the notification of the access dispute under section 153ZEM.
(4) However, the specified day cannot be a day on which the access seeker did not have access to the CS service.
Operation of interim determination
(5) If a provision of a final determination is expressed to apply from a day when an interim determination was in effect, the provision of the final determination prevails over the interim determination to the extent set out in the final determination.
Interest
(6) If:
(a) a provision of a final determination is covered by subsection (2); and
(b) the provision requires a party to the determination (the first party ) to pay money to another party;
the determination may require the first party to pay interest to the other party, at the rate specified in the determination, on the whole or a part of the money, for the whole or a part of the period:
(c) beginning on the day specified under subsection (2); and
(d) ending on the day on which the determination takes effect under subsection (1).