11
In forceAccess on fair commercial terms
Part 3Access to maritime services at proclaimed ports
Division 2Basis of access
11 Access on fair commercial terms
(1)
A regulated operator must provide regulated services on terms—
(a)
agreed between the operator and the customer; or
(b)
if they do not agree, on fair commercial terms determined by arbitration under this Act.
(2)
A term as to the price at which regulated services are to be provided will be regarded as a fair commercial term if the price is regulated by a pricing determination under the Essential
Services Commission Act 2002 and the term is consistent with that determination.
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