sec.100Obligations of parties to negotiations

### sec.100 Obligations of parties to negotiations The access provider and access seeker must negotiate in good faith for reaching an access agreement. In negotiating access agreements, or amendments to access agreements, relating to the service, the access provider must not unfairly differentiate between access seekers in a way that has a material adverse effect on the ability of 1 or more of the access seekers to compete with other access seekers. Provision for enforcing compliance with subsection (2) is made in division 8 (Enforcement for pt 5 ), particularly section 153 (Orders to enforce prohibitions on hindering access and unfair differentiation). Subsection (2) does not prevent the access provider treating access seekers differently to the extent the different treatment is— reasonably justified because of the different circumstances, relating to access to the declared service, applicable to the access provider or any of the access seekers; or expressly required or permitted by— an access code or approved access undertaking for the declared service; or an access determination to which the access provider is a party. However, subsection (3) does not authorise an access provider to engage in conduct for the purpose of preventing or hindering a user’s access to the declared service. See sections 104 and 125 in relation to conduct preventing or hindering a user’s access to the declared service. s 100 amd 2010 No. 32 s 42 ; 2018 No. 6 s 6 (sec.100-ssec.1) The access provider and access seeker must negotiate in good faith for reaching an access agreement. (sec.100-ssec.2) In negotiating access agreements, or amendments to access agreements, relating to the service, the access provider must not unfairly differentiate between access seekers in a way that has a material adverse effect on the ability of 1 or more of the access seekers to compete with other access seekers. Provision for enforcing compliance with subsection (2) is made in division 8 (Enforcement for pt 5 ), particularly section 153 (Orders to enforce prohibitions on hindering access and unfair differentiation). (sec.100-ssec.3) Subsection (2) does not prevent the access provider treating access seekers differently to the extent the different treatment is— reasonably justified because of the different circumstances, relating to access to the declared service, applicable to the access provider or any of the access seekers; or expressly required or permitted by— an access code or approved access undertaking for the declared service; or an access determination to which the access provider is a party. (sec.100-ssec.4) However, subsection (3) does not authorise an access provider to engage in conduct for the purpose of preventing or hindering a user’s access to the declared service. See sections 104 and 125 in relation to conduct preventing or hindering a user’s access to the declared service. - (a) reasonably justified because of the different circumstances, relating to access to the declared service, applicable to the access provider or any of the access seekers; or - (b) expressly required or permitted by— (i) an access code or approved access undertaking for the declared service; or (ii) an access determination to which the access provider is a party. - (i) an access code or approved access undertaking for the declared service; or - (ii) an access determination to which the access provider is a party. - (i) an access code or approved access undertaking for the declared service; or - (ii) an access determination to which the access provider is a party.