In most cases the particular circumstances of the dispute need to be taken into account when determining how the Act applies to that dispute.Access providers may give an access undertaking to the ACCC.More generally, however, the ACCC will regularly review the effectiveness of its arbitration processes and update these guidelines as necessary.
Drafting and executing a document after an event occurs, but in a manner that accurately reflects the date on which the event transpired, is a permissible form of backdating.
This is backdating that memorializes, something the United States Court of Appeals for the Seventh Circuit has recognized as a legitimate practice.
Effective from 1 October 2006 Part IIIA was amended to allow the ACCC to defer arbitration of an access dispute where it is also considering an access undertaking on related issues.
Further, the ACCC has the discretion to backdate a final determination and apply payment of interest to a backdated determination.
Moreover, because it avoids legal language wherever possible there may be generalisations about the application of the Act.
Some of the provisions referred to have exceptions or important qualifications.
The purpose of these guidelines is to explain how the ACCC might apply the provisions on deferral of arbitrations and backdating of final determinations when making decisions under Part IIIA.
These guidelines are legislative instruments under the Legislative Instruments Act 2003 which means that they are subject to disallowance and will sunset after ten years.
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Requests and inquiries concerning reproduction and rights should be addressed to the Director Publishing, Australian Competition and Consumer Commission, GPO Box 1199, Dickson ACT 2602 Important notice This guide is designed to give you basic information; it does not cover the whole of the Trade Practices Act and is not a substitute for professional advice.
Furthermore, giving the written contract its own date simply reflects the reality of how the contract process unfolded, and it’s always good to have contracts track reality.