Part 11General

Part 11—General 157—Preventing or hindering access (1) A person who is— (a) a regulated network service provider; or (b) a person who— (i) is a party to an agreement with a regulated network service provider relating to a regulated network service; or (ii) as a result of an access determination is entitled to a regulated network service; or (c) 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. (2) For the purposes of subsection (1), a person is deemed to engage in conduct for a particular purpose if— (a) the conduct is or was engaged in for that purpose or for a purpose that includes, or included, that purpose; and (b) that purpose is or was a substantial purpose. (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. (4) Subsection (3) does not limit the manner in which the purpose of a person may be established for the purpose of subsection (1). (a) 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; (b) a reference to refusing to do an act includes a reference to— (i) refraining (otherwise than inadvertently) from doing that act; or (ii) making it known that that act will not be done. regulated network service means a direct control network service or a negotiated network service. (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. 158—Failure to make a decision under this Law or the Rules within time does not invalidate the decision (1) A decision (however described) made under this Law or the Rules by the AER, AEMC or AEMO after the expiry of the period of time specified by this Law or the Rules for the making of that decision is not to be taken to be an invalid decision only because the decision is not made within the specified period of time. (2) A decision to which subsection (1) applies takes effect on and from— (a) the day it is made; or (b) if it specifies a date for operation or effect that is after the day it is made, that specified date. 159—Penalty privilege If an individual has a privilege against self-exposure to a penalty, other than for a criminal offence, the individual is not excused from doing any of the following on that ground: (a) providing information under this Law, the Regulations or the Rules; (b) producing a document under this Law, the Regulations or the Rules; (c) providing evidence under this Law, the Regulations or the Rules; (d) answering a question under this Law, the Regulations or the Rules. 160—Court may grant relief from liability If in any proceedings under this Law in which a person, other than a body corporate, may be liable for an offence or a civil penalty it appears to the Court that the person acted honestly and reasonably and, having regard to all the circumstances of the case, ought fairly to be excused, the Court may relieve the person either wholly or partly from liability on such terms as the Court thinks fit.