17Obligations of provider

17 Obligations of provider

S. 17(1) substituted by No. 73/2003 s. 7(2).

(1) The provider must provide access to the prescribed services on fair and reasonable terms and conditions.

S. 17(2) amended by No. 73/2003 s. 7(3).

(2) A condition that other services must be acquired in order to have access to prescribed services is not a reasonable term or condition.

S. 17(3) amended by No. 73/2003 s. 7(4).

(3) The provider must—

(a) use all reasonable endeavours to meet the requirements of persons seeking access; and

S. 17(3)(b) amended by Nos 62/2001 s. 83(e), 75/2004 s. 59.

(b) make a formal proposal of terms and conditions for access within 20 working days of receiving a request or within such reasonable lesser period as is decided by the Commission.

S. 17(4) amended by No. 73/2003 s. 7(5).

(4) The terms and conditions of access may vary according to the actual and opportunity costs to the provider having regard to—

(a) the particular commodity;

(b) the volume of the commodity;

(c) the period of time during which access is required;

S. 17(4)(d) amended by No. 73/2003 s. 7(6).

(d) the level of demand for the prescribed services.

(5) The terms and conditions of access must not vary according to the identity of the person seeking access.

(6) A term or condition which contravenes subsection (2) or (5) is void.

Note to s. 17 inserted by No. 44/2007 s. 7.

Note

See also sections 18A and 19.