29Requirement to negotiate

29 Requirement to negotiate

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

(a) the entity:

(i) provides cash distribution services and would be the provider of those services for a proposed service agreement; or

(ii) owns, operates or controls a relevant facility and would be the provider of facilities access to that facility for a proposed access agreement; and

(b) the entity does not have approved standard terms that cover the cash distribution services or facilities access to which the proposed agreement relates; and

(c) the entity fails to give another person who is proposed to be party to the agreement a reasonable opportunity to negotiate the terms of the agreement.

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

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

(b) there is a proposed agreement to vary the service agreement or access agreement; and

(c) the entity does not have approved standard terms that cover the cash distribution services or facilities access to which the proposed agreement relates; and

(d) the entity fails to give another person who is party to the service agreement or access agreement a reasonable opportunity to negotiate the terms of the agreement to vary.

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

Civil penalty:

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

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