30Dealing in relation to negotiations—good faith and advising of arbitration process

30 Dealing in relation to negotiations—good faith and advising of arbitration process

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

(a) the entity participates in negotiations with another person about a proposed service agreement or access agreement; and

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

(c) either:

(i) the entity fails to deal in good faith with the other person in relation to the negotiations; or

(ii) the entity fails to advise the other person in writing about the existence of the arbitration process in Division 2 of Part 4 in the course of the negotiations.

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 participates in negotiations with another person about a proposed agreement to vary a service agreement or access agreement; and

(b) the entity is the provider for the agreement; and

(c) either:

(i) the entity fails to deal in good faith with the other person in relation to the negotiations; or

(ii) the entity fails to advise the other person in writing about the existence of the arbitration process in Division 2 of Part 4 in the course of the negotiations.

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.