228CFormation of contracts on standard terms

228C Formation of contracts on standard terms

228C Formation of contracts on standard terms

(1) A transportation service provider for a transportation facility must on request by any person made in respect of the transportation facility—

(a) make an offer to enter into the standard OTSA for the transportation facility in accordance with the Rules; and

(b) if the offer is accepted, enter into the agreement in accordance with the Rules.

(2) Subsection (1) does not apply to a transportation service provider in respect of a transportation facility—

(a) if the provider is exempted from compliance with that subsection in respect of that transportation facility in accordance with the Rules; or

(b) if the provider is exempted by the AER from compliance with that subsection in respect of that transportation facility under this Law or the Rules; or

(c) in other circumstances specified by the Rules.

(3) A standard OTSA takes effect as a contract between the transportation service provider and another person when—

(a) the other person accepts the transportation service provider’s offer to enter into the standard OTSA and enters into the OTSA; and

(b) any pre-conditions to the formation of the contract are satisfied.

(4) A contract formed in accordance with subsection (3) may be amended in accordance with its terms.

(5) A contract formed in accordance with subsection (3) expires and may be terminated in accordance with its terms.

s 228C: Ins 2018 No 23, sec 20.