sec.101Obligation of access provider to satisfy access seeker’s requirements

### sec.101 Obligation of access provider to satisfy access seeker’s requirements In negotiations between an access provider and access seeker for an access agreement, the access provider must make all reasonable efforts to try to satisfy the reasonable requirements of the access seeker. Without limiting subsection (1) , and subject to any relevant access code or approved access undertaking, the access provider must give the access seeker the following— information about the price at which the access provider provides the service, including the way in which the price is calculated; information about the costs of providing the service, including the capital, operation and maintenance costs; information about the value of the access provider’s assets, including the way in which the value is calculated; an estimate of the spare capacity of the service, including the way in which the spare capacity is calculated; a diagram or map of the facility used to provide the service; information about the operation of the facility; information about the safety system for the facility; if the authority makes a determination in an arbitration about access to the service under division 5 , subdivision 3 —information about the determination. Despite subsection (2) , if the authority reasonably considers the disclosure of information under subsection (2) may be likely to damage the commercial activities of the access provider, an access seeker or an access user, the authority may— allow the information to be categorised or aggregated so the disclosure is not unduly damaging; or authorise the access provider not to give the access seeker 1 or more of the matters mentioned in subsection (2) . Despite subsection (2) , the authority may allow the matters mentioned in subsection (2) (a) to (c) to be given in the form of a reference tariff. The access provider or access seeker may ask the authority for advice or directions about a matter mentioned in this section. The access provider and the access seeker must not, without the consent of the giver of the information, disclose to another person information given under this section. In this section— reference tariff , for a service, means a price, or formula for calculating a price, that has been approved by the authority to set the basis for negotiation of the price for access to the service under an access agreement. s 101 amd 2000 No. 15 s 25 (sec.101-ssec.1) In negotiations between an access provider and access seeker for an access agreement, the access provider must make all reasonable efforts to try to satisfy the reasonable requirements of the access seeker. (sec.101-ssec.2) Without limiting subsection (1) , and subject to any relevant access code or approved access undertaking, the access provider must give the access seeker the following— information about the price at which the access provider provides the service, including the way in which the price is calculated; information about the costs of providing the service, including the capital, operation and maintenance costs; information about the value of the access provider’s assets, including the way in which the value is calculated; an estimate of the spare capacity of the service, including the way in which the spare capacity is calculated; a diagram or map of the facility used to provide the service; information about the operation of the facility; information about the safety system for the facility; if the authority makes a determination in an arbitration about access to the service under division 5 , subdivision 3 —information about the determination. (sec.101-ssec.3) Despite subsection (2) , if the authority reasonably considers the disclosure of information under subsection (2) may be likely to damage the commercial activities of the access provider, an access seeker or an access user, the authority may— allow the information to be categorised or aggregated so the disclosure is not unduly damaging; or authorise the access provider not to give the access seeker 1 or more of the matters mentioned in subsection (2) . (sec.101-ssec.4) Despite subsection (2) , the authority may allow the matters mentioned in subsection (2) (a) to (c) to be given in the form of a reference tariff. (sec.101-ssec.5) The access provider or access seeker may ask the authority for advice or directions about a matter mentioned in this section. (sec.101-ssec.6) The access provider and the access seeker must not, without the consent of the giver of the information, disclose to another person information given under this section. (sec.101-ssec.7) In this section— reference tariff , for a service, means a price, or formula for calculating a price, that has been approved by the authority to set the basis for negotiation of the price for access to the service under an access agreement. - (a) information about the price at which the access provider provides the service, including the way in which the price is calculated; - (b) information about the costs of providing the service, including the capital, operation and maintenance costs; - (c) information about the value of the access provider’s assets, including the way in which the value is calculated; - (d) an estimate of the spare capacity of the service, including the way in which the spare capacity is calculated; - (e) a diagram or map of the facility used to provide the service; - (f) information about the operation of the facility; - (g) information about the safety system for the facility; - (h) if the authority makes a determination in an arbitration about access to the service under division 5 , subdivision 3 —information about the determination. - (a) allow the information to be categorised or aggregated so the disclosure is not unduly damaging; or - (b) authorise the access provider not to give the access seeker 1 or more of the matters mentioned in subsection (2) .