24B   Appointment and functions of arbitrator

(1)  The Tribunal may act as arbitrator to hear and determine disputes referred to arbitration under this Part. Alternatively, the Tribunal may appoint one or more persons from a panel approved by the Minister (whether or not the persons are members of the Tribunal) who may act as arbitrators to hear and determine a dispute referred to arbitration under this Part.

(2)  In the case of a dispute between a third party wanting, but not having, access to a service and the provider of the service, the arbitrator must give public notice of the dispute. The notice must invite submissions to the arbitrator from the public regarding the dispute and specify when and how those submissions may be made.

(3)  In the arbitration of a dispute referred under this Part, the arbitrator must take into account the following:

(a)  the matters set out in clause 6 (4) (i), (j) and (l) of the Competition Principles Agreement,

(b)  any guidelines referred to in section 12A (2) for the access regime to which the dispute relates,

(c)  any submissions made on the dispute by the public, in a case to which subsection (2) applies,

(d)  any other matters that the arbitrator considers relevant.

(4)  An arbitrator in an arbitration under this Part has the powers of the Tribunal under section 22 (Tendering information, documents and evidence). In the application of that section under this Part, a reference to the Tribunal is taken to be a reference to the arbitrator.