16Exporter may request information to be provided during negotiations

16 Exporter may request information to be provided during negotiations

(1) An exporter may request a port terminal service provider to provide information held by the provider for the purpose of negotiating the terms of an access agreement. (2) The port terminal service provider must comply with a request mentioned in subclause (1), within 20 business days of receiving the request, if: (a) the information requested is not confidential or commercially sensitive, as determined by the provider; and (b) the information does not relate to another exporter; and (c) providing the information would not be unduly onerous for the provider having regard to the following: (i) the operational, commercial and logistical information that an exporter may require to use a port terminal facility; (ii) whether the provider has access to and control of the information and whether a third party would need to be engaged to gather, collate or present the information; (iii) the staffing, technical and financial capability of the provider to obtain and provide the information; (iv) the volume of information and time‑frame within which it is requested.