Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person who is a carrier or a carriage service provider must comply with the numbering plan.
(2) If:
(a) a person (the first person ) is a carrier or a carriage service provider; and
(b) the plan requires the first person to provide number portability in relation to customers of a carriage service provider;
the first person must comply with that requirement on such terms and conditions as are:
(c) agreed between the following parties:
(i) the first person;
(ii) the carriage service provider; or
(d) failing agreement, determined by an arbitrator appointed by the parties.
If the parties fail to agree on the appointment of an arbitrator, the ACCC is to be the arbitrator.
(3) The regulations may make provision for and in relation to the conduct of an arbitration under this section.
(4) The regulations may provide that, for the purposes of a particular arbitration conducted by the ACCC under this section, the ACCC may be constituted by a single member, or a specified number of members, of the ACCC. For each such arbitration, that member or those members are to be nominated in writing by the Chairperson of the ACCC.
(5) Subsection (4) does not, by implication, limit subsection (3).
(6) A determination made in an arbitration under this section must not be inconsistent with:
(a) the numbering plan; or
(b) with a pricing principles determination.
For this purpose, a pricing principles determination is a written determination made by the Minister that sets out principles dealing with price - related terms and conditions relating to a requirement of a kind referred to in paragraph (2)(b).
(7) A determination made by the Minister under subsection (6) is a legislative instrument.
(8) In this section:
"price-related terms and conditions" means terms and conditions relating to price or a method of ascertaining price.