28Reasonable attempt to enter into service agreement or access agreement

28 Reasonable attempt to enter into service agreement or access agreement

(1) A designated entity is liable to a civil penalty if:

(a) another person proposes to enter into a service agreement or access agreement with the entity; and

(b) the entity would be the provider for the proposed agreement; and

(c) the entity has approved standard terms that cover the cash distribution services or facilities access to which the proposed agreement relates; and

(d) the entity does not reasonably attempt to enter into the agreement on either:

(i) the approved standard terms; or

(ii) other terms specifically negotiated with the other person; and

(e) a determination under subsection 54(1) (about arbitration determinations) does not apply in relation to the proposed agreement.

Note 1: Requirements relating to service agreements and access agreements may also apply under service‑level standards: see Division 2 of Part 5.

Note 2: An individual may be liable for an ancillary contravention of this civil penalty provision (see section 92 of the Regulatory Powers Act).

Note 3: There is an exception to this civil penalty provision in section 195A (interactions with cash‑related contractual chain orders).

Civil penalty:

(a) for a body corporate—5,000 penalty units; and

(b) for an individual—1,000 penalty units.

(2) A designated entity is liable to a civil penalty if:

(a) another person proposes to vary a service agreement or access agreement the person has entered into with the entity; and

(b) the entity is the provider for the service agreement or access agreement; and

(c) the entity has approved standard terms that cover the cash distribution services or facilities access to which the proposed variation relates; and

(d) the entity does not reasonably attempt to enter into an agreement to vary the service agreement or access agreement on either:

(i) terms consistent with the approved standard terms; or

(ii) other terms specifically negotiated with the other person; and

(e) a determination under subsection 54(1) (about arbitration determinations) does not apply in relation to the proposed variation.

Note 1: Requirements relating to service agreements and access agreements may also apply under service‑level standards: see Division 2 of Part 5.

Note 2: An individual may be liable for an ancillary contravention of this civil penalty provision (see section 92 of the Regulatory Powers Act).

Note 3: There is an exception to this civil penalty provision in section 195A (interactions with cash‑related contractual chain orders).