55Arbitration determination must be complied with

55 Arbitration determination must be complied with

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

(a) a determination under subsection 54(1) applies in relation to entering into a services agreement or access agreement with another person; and

(b) the designated entity would be the provider under such an agreement; and

(c) either:

(i) the designated entity does not reasonably attempt to enter into such an agreement with the other person on the terms determined in the determination; or

(ii) the determination is not complied with in relation to the terms of the agreement.

Note 1: An individual may be liable for an ancillary contravention of this civil penalty provision (see section 92 of the Regulatory Powers Act).

Note 2: 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) a determination under subsection 54(1) applies in relation to varying a services agreement or access agreement with another person; and

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

(c) either:

(i) the designated entity does not reasonably attempt to enter into an agreement to vary the services agreement or access agreement on the terms determined in the determination; or

(ii) the determination is not complied with in relation to the terms of the variation.

Note 1: An individual may be liable for an ancillary contravention of this civil penalty provision (see section 92 of the Regulatory Powers Act).

Note 2: 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.

(3) A failure to comply with subsection (1) or (2) in relation to an agreement or variation of an agreement does not affect the validity of the agreement or variation.