Part IIIA deferral of arbitrations and backdating of determinations guidelines

Closed 16 Jun 2017

Opened 26 May 2017


On 26 May 2017 the ACCC released draft guidelines relating to deferral of arbitrations and backdating of determinations under Part IIIA, for public comment.

The original guidelines, which were required to be made by legislative instrument, will sunset on 1 October 2017. Because the ACCC’s obligation to maintain and have regard to the guidelines is ongoing, the ACCC is seeking to remake the guidelines so that they remain in force beyond 1 October 2017.

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.

The ACCC proposes to maintain the existing guidelines subject to minor, non-substantive drafting amendments and updated references to legislation (for example, to reflect the introduction of the CCA). Given that, to date, the guidelines have not been tested, the ACCC’s draft view is that substantive changes are not required at this time. 

The ACCC is inviting written submissions on the draft guidelines. To make a submission, email your document to

Submissions should be provided to the ACCC no later than 16 June 2017.

For more information, see the ACCC media update: ACCC seeks comment on Part IIIA deferral and backdating guidelines.


  • Industry


  • Competition issues