New South Wales Consolidated Acts

WATER INDUSTRY COMPETITION ACT 2006 - SECT 39

39 Access agreements

(1) The terms on which a service provider is to provide access to an infrastructure service the subject of a coverage declaration or an access undertaking are to be set out:

(a) in an agreement between the service provider and the access seeker, or

(b) if no such agreement can be reached, in an access determination.

(2) A provision of an access agreement is void to the extent to which it purports:

(a) to prohibit a service provider from providing a service the subject of a coverage declaration or an access undertaking to any person, whether or not the person is a party to the agreement, or

(b) to prohibit a service provider from providing a service the subject of a coverage declaration or an access undertaking to some persons on more advantageous terms than those on which it provides the same service to other persons, or

(c) to prohibit or restrict any person from giving information to IPART or the Minister pursuant to any requirement under this or any other Act, or from creating documents for the purpose of recording information for that purpose.