Queensland Consolidated Acts

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QUEENSLAND COMPETITION AUTHORITY ACT 1997 - SECT 117A

117A Period for making access determination

(1) The authority must use its best endeavours to make an access determination within 6 months from the day the access dispute notice for the relevant access dispute was given to the authority.

(2) However, the 6 month period mentioned in subsection (1) does not include any of the following—

(a) if mediation of the access dispute is conducted under subdivision 2A—a day earlier than the day the dispute is referred by the mediator to the authority for arbitration;
(b) if a person is given a notice under section 205 requiring the person to give information or produce a document for the arbitration of the access dispute, a day in the period—
(i) starting on the day the notice is given to the person; and
(ii) ending on the day the person complies with the notice;
(c) if the authority invites the parties to comment, within a period stated by the authority, on a draft determination given to the parties under section 117(5)—a day in the period for making comments stated by the authority;
(d) if the parties agree to a day not being included in the 6 month period—a day agreed to by the parties.

(3) The authority must publish a notice on its website, for each access dispute being dealt with by arbitration, stating—

(a) the day the 6 month period mentioned in subsection (1) started or will start; and
(b) the day the period will end; and
(c) for a day not included in the period under subsection (2)—the reason the day is not included in the period.
Editor's note—
The authority's website can be found at .

(4) If the authority fails to make an access determination within the 6 month period mentioned in subsection (1), it must, as soon as practicable after the period ends, give written notice of the reasons for the authority's failure to the parties and the Ministers.



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