Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023
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Procedure for resolution of disputes by Commission | ||
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48. (1) The Commission may specify procedures for the resolution of disputes under section 47 and such procedures shall— | ||
(a) be transparent, non-discriminatory, simple, and inexpensive, | ||
(b) enable disputes to be settled fairly and promptly, and | ||
(c) be made publicly available by the Commission, together with any amendments to such procedures. | ||
(2) The Commission, or such independent person as may be appointed by the Commission under section 47 (1), shall, as soon as practicable after an end-user refers a dispute, inform the end-user— | ||
(a) of his or her right under section 47 (2) to elect to accept the resolution proposed, | ||
(b) of his or her right under section 47 (3) to withdraw the dispute, | ||
(c) that the procedure is without prejudice to any other right to seek redress, including by court proceedings, | ||
(d) that the resolution proposed may be different from an outcome determined by a court, | ||
(e) of the legal effect of electing to accept the resolution proposed, | ||
(f) that he or she will be given a reasonable period of time to consider whether to elect to accept the proposed solution, and | ||
(g) that if the end-user does not elect to accept the resolution proposed within the period specified for the purposes of paragraph (f), the end-user shall be deemed to have rejected the proposed solution. |