Victorian Consolidated Legislation

Grain Handling and Storage Act 1995 - SECT 21

Hindering access

21. Hindering access



(1) The provider or any person having access to the prescribed services must
not engage in conduct having a purpose of hindering access to the prescribed
services by any other person in the exercise of a reasonable right of access.

(2) Subject to subsection (2AA), a person who considers that his or her right
of access to prescribed services has been hindered in contravention of
subsection (1) may apply in writing to the Commission for the making of a
determination in accordance with section 34 of the
Essential Services Commission Act 2001.

(2AA) A person is not entitled to apply under subsection (2) if-

   (a)  there is a general access determination in force that applies to
        prescribed services; and

   (b)  that person's right of access to those prescribed services is being
        hindered by the provider providing those prescribed services.

(2A) The Commission must within 15 days of receiving an application under
subsection (1) give notice in writing to the person making the application or
to any other person from whom the Commission is entitled to require
information or a document under the Essential Services Commission Act 2001,
specifying any information or document that the Commission requires the person
to give so that the Commission can make, or refuse to make, a determination.

(3) If the Commission determines that there has been a contravention of
subsection (1), the Commission may make a determination that the person is
entitled to access on such terms and conditions as are specified in the
determination.

(3A) Without limiting any other powers of the Commission, the Commission may
refuse to make a determination if it considers that the application is trivial
or vexatious.