Commonwealth Numbered Acts

MOOMBA-SYDNEY PIPELINE SYSTEM SALE ACT 1994 No. 70, 1994 - SECT 104

104. (1) A determination made under section 80 may, with the approval of the
TPC, be varied if all the parties to the arbitration agree.

(2) If the parties to an arbitration are unable to agree on whether to vary a
determination, or on how to vary it, then the Moomba operator and each other
party to the arbitration may notify an access dispute under subsection 75(6).

(3) If an access dispute is notified to the TPC because of subsection (2), and
the TPC thinks that:

   (a)  there is no sufficient reason why the current determination should not
        continue to have effect in its present form; or

   (b)  the notification is trivial, vexatious, misconceived or lacking in
        substance; the TPC may decide not to arbitrate the dispute or not to
        make a determination in relation to the dispute.

(4) For the purposes of subsection (3), the TPC must have regard to:

   (a)  how long it is since the determination was made, or last varied; and

   (b)  the nature of the matters in dispute; and

   (c)  such other matters as the TPC thinks relevant.

(5) If the TPC decides not to arbitrate the dispute or not to make a
determination in relation to the dispute, the person who notified the dispute
is taken to have withdrawn the notification under section 77.