sec.202Terms and conditions must not discriminate

sec.202 Terms and conditions must not discriminate

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: the person’s own operations, whether upstream or downstream; or the operations of an associate of the person. Subsection (1) does not apply to the extent that the cost of providing a service to another person is higher. This section does not apply if the agreement setting the terms and conditions was in force immediately before— for a blend processing facility—the commencement of the Statutes Amendment (National Energy Laws) (Other Gases) Act 2023 ; or otherwise—the facility became a relevant facility. s 202 prev s 202 amd 2020 No. 37 (SA) s 62 om 2022 No. 21 (SA) s 75 pres s 202 ins 2023 No. 36 (SA) s 52 (sec.202-ssec.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: the person’s own operations, whether upstream or downstream; or the operations of an associate of the person. (sec.202-ssec.2) Subsection (1) does not apply to the extent that the cost of providing a service to another person is higher. (sec.202-ssec.3) This section does not apply if the agreement setting the terms and conditions was in force immediately before— for a blend processing facility—the commencement of the Statutes Amendment (National Energy Laws) (Other Gases) Act 2023 ; or otherwise—the facility became a relevant facility.

• (a) the person’s own operations, whether upstream or downstream; or
• (b) the operations of an associate of the person.
• (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.