32Service agreements and access agreements must include certain terms

32 Service agreements and access agreements must include certain terms

A designated entity is liable to a civil penalty if:

(a) the entity enters into, or agrees to vary, a service agreement or access agreement; and

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

(c) the agreement as entered into, or varied, does not include any of the following:

(i) terms that set out the costs to be charged for the provision of cash distribution services or facilities access under the agreement, or the way those costs are to be determined;

(ii) terms that provide procedures for dealing with and resolving complaints by the other party to the agreement about matters arising under or in connection with the agreement;

(iii) terms that provide alternative dispute resolution processes (such as conferencing, mediation or arbitration) as a way of resolving disputes between the parties to the agreement about matters arising under or in connection with 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.