Commonwealth Consolidated Regulations

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COMPETITION AND CONSUMER REGULATIONS 2010 - REG 6F

Costs of an access arbitration

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

          (1A)  The amount of a fee mentioned in subregulation (2) is the GST inclusive market value of the consideration for the supply of the service of conducting an arbitration of an access dispute.

             (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--$2 170; or

                             (ii)  in any other case--$10 850; and

                     (b)  a hearing fee of $4 340 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.



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