sec.157Preventing or hindering access

sec.157 Preventing or hindering access

A person who is— a regulated network service provider; or a person who— is a party to an agreement with a regulated network service provider relating to a regulated network service; or as a result of an access determination is entitled to a regulated network service; or an associate of a regulated network service provider or a person referred to in paragraph (b) , must not engage in conduct for the purpose of preventing or hindering the access of another person to a regulated network service. Subsection (1) is a civil penalty provision. For the purposes of subsection (1) , a person is deemed to engage in conduct for a particular purpose if— the conduct is or was engaged in for that purpose or for a purpose that includes, or included, that purpose; and that purpose is or was a substantial purpose. A person may be taken to have engaged in conduct for the purpose referred to in subsection (1) even though, after all the evidence has been considered, the existence of that purpose is ascertainable only by inference from the conduct of the person or of any other person or from other relevant circumstances. Subsection (3) does not limit the manner in which the purpose of a person may be established for the purpose of subsection (1) . In this section— a reference to engaging in conduct is a reference to doing or refusing to do any act, including refusing to supply a regulated network service or, without reasonable grounds, limiting or disrupting a regulated network service, or making, or giving effect to, a provision of, a contract or arrangement, arriving at, or giving effect to, a provision of, an understanding or requiring the giving of, or giving, a covenant; a reference to refusing to do an act includes a reference to— refraining (otherwise than inadvertently) from doing that act; or making it known that that act will not be done. In this section— regulated network service means a direct control network service or a negotiated network service. Subsection (1) does not apply to conduct engaged in in accordance with an agreement, if the agreement was in force on 30 March 1995. An example of conduct which may be prohibited if the requisite purpose is established is refusing to supply, or limiting or disrupting the supply of, a regulated network service to a network service user or prospective network service user for technical or safety reasons without reasonable grounds. s 157 ins 2007 No. 53 (SA) s 75 amd 2011 No. 7 (SA) s 47 (sec.157-ssec.1) A person who is— a regulated network service provider; or a person who— is a party to an agreement with a regulated network service provider relating to a regulated network service; or as a result of an access determination is entitled to a regulated network service; or an associate of a regulated network service provider or a person referred to in paragraph (b) , must not engage in conduct for the purpose of preventing or hindering the access of another person to a regulated network service. Subsection (1) is a civil penalty provision. (sec.157-ssec.2) For the purposes of subsection (1) , a person is deemed to engage in conduct for a particular purpose if— the conduct is or was engaged in for that purpose or for a purpose that includes, or included, that purpose; and that purpose is or was a substantial purpose. (sec.157-ssec.3) A person may be taken to have engaged in conduct for the purpose referred to in subsection (1) even though, after all the evidence has been considered, the existence of that purpose is ascertainable only by inference from the conduct of the person or of any other person or from other relevant circumstances. (sec.157-ssec.4) Subsection (3) does not limit the manner in which the purpose of a person may be established for the purpose of subsection (1) . (sec.157-ssec.5) In this section— a reference to engaging in conduct is a reference to doing or refusing to do any act, including refusing to supply a regulated network service or, without reasonable grounds, limiting or disrupting a regulated network service, or making, or giving effect to, a provision of, a contract or arrangement, arriving at, or giving effect to, a provision of, an understanding or requiring the giving of, or giving, a covenant; a reference to refusing to do an act includes a reference to— refraining (otherwise than inadvertently) from doing that act; or making it known that that act will not be done. (sec.157-ssec.6) In this section— regulated network service means a direct control network service or a negotiated network service. (sec.157-ssec.7) Subsection (1) does not apply to conduct engaged in in accordance with an agreement, if the agreement was in force on 30 March 1995. An example of conduct which may be prohibited if the requisite purpose is established is refusing to supply, or limiting or disrupting the supply of, a regulated network service to a network service user or prospective network service user for technical or safety reasons without reasonable grounds.