Arbitrations: a guide to resolution of access disputes under Part IIIA of the Trade Practices Act

Part IIIA of the Competition and Consumer Act 2010 (formerly the Trade Practices Act 1974) establishes a legal regime to facilitate third party access to certain services provided by means of significant infrastructure facilities. It is also known as the National Access Regime.

The purpose of this guide is to:

• explain how the ACCC will exercise its dispute resolution powers under Part IIIA of the Act
• highlight particular sections of Part IIIA that impose specific obligations on both the parties to a dispute and the ACCC in arbitrating the dispute.

This guide was published prior to the commencement of legislative amendments to Part IIIA which took effect in 2006 and 2010.  It should therefore be read in conjunction with Part IIIA as it is currently enacted, and parties contemplating notifying an access dispute should contact the ACCC in the first instance.