11Duty to negotiate in good faith

11 Duty to negotiate in good faith (1) The access provider and access seeker must, as soon as practicable after the response date, endeavour to accommodate each others’ reasonable requirements and must negotiate in good faith with a view to reaching agreement on whether the access seeker’s requirements as set out in the access proposal (or some agreed modification of the requirements) could reasonably be met, and, if so, the terms and conditions for the provision of access for the access seeker. (2) The other respondents (if any) whose rights (or prospective rights) would be affected by implementation of the access proposal must also negotiate in good faith with the access seeker with a view to reaching agreement on the provision of access to the access seeker and any consequent variation of their rights (or prospective rights) of access.

AustralAsia Railway (Third Party Access) Act 1999 11