Victorian Consolidated Legislation

Grain Handling and Storage Act 1995 - SECT 17

Obligations of provider

17. Obligations of provider





(1) The provider must provide access to the prescribed services on fair and
reasonable terms and conditions.

(2) A condition that other services must be acquired in order to have access
to prescribed services is not a reasonable term or condition.

(3) The provider must-

   (a)  use all reasonable endeavours to meet the requirements of persons
        seeking access; and

   (b)  make a formal proposal of terms and conditions for access within 20
        working days of receiving a request or within such reasonable lesser
        period as is decided by the Commission.

(4) The terms and conditions of access may vary according to the actual and
opportunity costs to the provider having regard to-

   (a)  the particular commodity;

   (b)  the volume of the commodity;

   (c)  the period of time during which access is required;

   (d)  the level of demand for the prescribed services.



(5) The terms and conditions of access must not vary according to the identity
of the person seeking access.

(6) A term or condition which contravenes subsection (2) or (5) is void.

Note See also sections 18A and 19.