Prohibitions on hindering or preventing access
120S Prohibitions on hindering or preventing access
In this section —
associate, in relation to a person, has the meaning it would have under the Corporations Act 2001 (Commonwealth) Part 1.2 Division 2 if sections 13, 16(2) and 17 of that Act were deleted.
A Pilbara network service provider of a covered Pilbara network that is regulated under this Part, or an associate of the Pilbara network service provider, must not engage in conduct for the purpose of hindering or preventing —
access by any person to services in accordance with this Part; or
the making of Pilbara access agreements or any particular agreement in respect of that network; or
the access to which a person is entitled under a Pilbara access agreement or a determination made by way of arbitration.
Penalty for this subsection: a fine of $100 000.
Daily penalty for this subsection: a fine of $20 000.
A person who has access to services, or an associate of the person, must not engage in conduct for the purpose of hindering or preventing access by another person to services of a covered Pilbara network that is regulated under this Part.
Penalty for this subsection: a fine of $100 000.
Daily penalty for this subsection: a fine of $20 000.
Without limiting subsection (2) or (3) —
a person is taken to engage in conduct for a particular purpose if —
the conduct is or was engaged in for purposes that include, or included, that purpose; and
that purpose is or was a substantial purpose;
and
a person may be taken to have engaged in conduct for a particular purpose even though, after all the evidence has been considered, the existence of that purpose is ascertainable only by inference from the conduct of the person or of any other person or from other relevant circumstances.
In this section —
a reference to engaging in conduct is a reference to doing or refusing to do any act and includes a reference to —
making a contract, agreement or arrangement or giving effect to a provision of a contract, agreement or arrangement; or
arriving at an understanding or giving effect to a provision of an understanding; or
requiring a covenant to be given or giving a covenant;
and
a reference to refusing to do an act includes a reference to —
refraining (otherwise than inadvertently) from doing the act; or
making it known that the act will not be done.
Subsection (2) or (3) does not apply to conduct in which a person engaged in accordance with an agreement, if the agreement was in force on 30 March 1995.
[Section 120S inserted: No. 9 of 2020 s. 19.]
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