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SOUTH-EAST QUEENSLAND WATER (DISTRIBUTION AND RETAIL RESTRUCTURING) ACT 2009 - SECT 99BRDL Obligation to negotiate in good faith

SOUTH-EAST QUEENSLAND WATER (DISTRIBUTION AND RETAIL RESTRUCTURING) ACT 2009 - SECT 99BRDL

Obligation to negotiate in good faith

99BRDL Obligation to negotiate in good faith

(1) This section applies if—
(a) a distributor-retailer proposes to another entity that they enter into a water infrastructure agreement; or
(b) another entity proposes to a distributor-retailer that they enter into a water infrastructure agreement.
(2) The distributor-retailer or other entity to whom the proposal is made must, in writing, tell the proponent if it agrees to entering into negotiations for an infrastructure agreement.
(3) In negotiating an infrastructure agreement, the distributor-retailer and the other entity must act in good faith.
Examples of actions that subsection (3) requires—
• disclosing to the other party to the negotiation in a timely way information relevant to entering into the proposed agreement
• considering and responding in a timely way to the other party’s proposals about the proposed agreement
• giving reasons for each response