31Matters to take into account regarding good faith

31 Matters to take into account regarding good faith

(1) In determining whether a designated entity deals in good faith with another person in relation to negotiations for the purposes of this Division, regard may be had to the following matters:

(a) the extent to which the entity has acted honestly;

(b) the extent to which the entity has not acted arbitrarily, capriciously, unreasonably, recklessly or with ulterior motives;

(c) the extent to which the entity has acted in a way that constitutes retribution against the other person for past disputes with the other person (including disputes in mediation or arbitration);

(d) the nature of the entity’s relationship with the other person (including the extent to which the entity has conducted the relationship without duress);

(e) the extent to which the entity’s relationship with the other person has been conducted in recognition of the need for certainty regarding the risks and costs of providing and purchasing cash distribution services or facilities access;

(f) the extent to which the entity has undermined, or denied the other person, a benefit of any agreement;

(g) whether the entity has complied with any applicable confidentiality requirements relating to information disclosed or obtained in dealing with or resolving a complaint or dispute with the other person;

(h) whether the entity has ensured that any terms of an agreement that it proposes in the negotiations, or that would result from the negotiations, are fair, reasonable, transparent and non‑discriminatory;

(i) any other relevant matter.

(2) To avoid doubt, a designated entity does not fail to deal in good faith with another person merely because the entity acts in its legitimate commercial interests.