31Good faith—dealing in relation to agreement

31  Good faith—dealing in relation to agreement

 (1) A person (the party) contravenes this paragraph if:

 (a) the party enters into an agreement with another person (the other party) for the supply of regulated gas by a covered supplier; and

 (b) the covered supplier is the party or the other party; and

 (c) the party fails to deal in good faith, within the meaning of the unwritten law from time to time, with the other party in relation to the agreement.

 (2) To avoid doubt, for the purposes of subsection (1), dealing in relation to the agreement includes any of the following:

 (a) exercising rights or performing obligations under the agreement;

 (b) dealing with or resolving complaints or disputes arising under or in connection with the agreement;

 (c) varying or terminating the agreement.

 (3) Subsection (1) is a civil penalty provision.

 (4) To avoid doubt, subsection (1) does not prevent a person from acting in the person’s legitimate commercial interests.