The ACCC must not make an interim or final determination, in relation to a designated associated facility to which an arbitration relates, that would:

(a)

be inconsistent with an exemption mentioned in Part 2; or

(b)

result in the access seeker becoming the owner (or one of the owners) of any part of a facility without the consent of the owner of the facility; or

(c)

require a party (other than the access seeker) to bear some or all of the costs of:

(i)

extending or enhancing the capability of a facility; or

(ii)

maintaining extensions to or enhancements of the capability of a facility.