NSWIn ForceAct
Water Industry Competition Act 2006
56BProvision of essential service by last resort provider
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#### 56B Provision of essential service by last resort provider
56B Provision of essential service by last resort provider
> > (1) The last resort provider must, for the duration of a declared failure, provide the essential service and, for that purpose, may have access to infrastructure and customer data systems and other property as reasonably required.
>
> > (2) During a declared failure, the failed licensee and last resort provider or other providers of the essential service must—
> >
> > > (a) facilitate the provision of the essential service by the last resort provider, and
> >
> > > (b) take action as required by the approved contingency plan or the regulations, and
> >
> > > (c) comply with reasonable directions given by the last resort provider in providing the essential service.
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> > (3) To avoid doubt—
> >
> > > (a) the failed licensee must enable the last resort provider to access customer information, including personal information under the [Privacy and Personal Information Protection Act 1998](/view/html/inforce/current/act-1998-133) and health information under the [Health Records and Information Privacy Act 2002](/view/html/inforce/current/act-2002-071), in connection with the provision of the essential service, and
> >
> > > (b) the provision of the essential service includes exercising a right of the licensee under an easement or right of way relating to the essential service as if the last resort provider were the failed licensee.
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> > (4) A person must not obstruct the last resort provider’s access to property, or the provision of the essential service by the last resort provider, during a declared failure.
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> Maximum penalty—
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> > (a) for a corporation—2,500 penalty units, or
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> > (b) for an individual—500 penalty units.
>
> **s 56B:** Ins 2021 No 26, Sch 1\[20\].