202Terms and conditions must not discriminate

202 Terms and conditions must not discriminate

202 Terms and conditions must not discriminate

(1) A person who owns, operates or controls a relevant facility must not set terms and conditions for the use of a service provided by means of the facility that discriminate in favour of the following—

(a) the person’s own operations, whether upstream or downstream; or

(b) the operations of an associate of the person.

(2) Subsection (1) does not apply to the extent that the cost of providing a service to another person is higher.

(3) This section does not apply if the agreement setting the terms and conditions was in force immediately before—

(a) for a blend processing facility—the commencement of the Statutes Amendment (National Energy Laws) (Other Gases) Act 2023; or

(b) otherwise—the facility became a relevant facility.

s 202: Am 2020 No 37, sec 62. Rep 2022 No 21, sec 75. Ins 2023 No 36, sec 52.