Commonwealth Numbered Regulations

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BROADCASTING SERVICES (TRANSMITTER ACCESS) REGULATIONS 2001 2001 No. 249 - REG 10

Interim determination
(1)
The ACCC may express a determination to be an interim determination.

(2) The making of an interim determination does not:

(a)
terminate an arbitration; or

(b)
relieve the ACCC from its duty to make a final determination.

(3)
Subject to subregulation (4), the ACCC must not make an interim determination if, at any time within the objection period, the access seeker gives the ACCC a written notice objecting to the making of the interim determination.

(4)
The ACCC may make an interim determination within the objection period if the access seeker informs the ACCC, in writing, that the access seeker has no objection to the making of an interim determination within the period.

(5)
The Commission may take the following matters into account in making an interim determination:

(a)
a matter mentioned in subregulation 15 (1);

(b)
any other matters that it thinks are relevant.

(6)
In making an interim determination, the Commission does not have a duty to consider whether to take into account a matter mentioned in subregulation 15 (1).



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