Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 153ZEK

Information request by bargaining party--general

  (1)   A party (the requesting party ) to the negotiation may give another party (the responding party ) a request that the responding party give the requesting party specified information if:

  (a)   the information is held by the responding party or a related body corporate of the responding party; and

  (b)   it is reasonable for the requesting party to make the request for the purposes of this Division.

  (2)   The request must:

  (a)   be made in writing; and

  (b)   set out reasons why it is reasonable for the requesting party to make the request for the purposes of this Division; and

  (c)   if regulations made for the purposes of this paragraph specify other requirements--comply with those requirements.

  (3)   After the request is made, the responding party must ensure that:

  (a)   the request is complied with no later than 21 days after the request was given to the responding party, or any later date the requesting party agrees to; and

  (b)   the information requested is given in a readily readable form, including (where requested) in electronic file format with all underlying data files and inputs; and

  (c)   the information given is, or is relevant to, the specified information mentioned in subsection   (1); and

  (d)   if regulations made for the purposes of this paragraph specify other requirements for that information--those requirements are satisfied.

Duty of good faith

  (4)   Each party to a negotiation under this Division must request or provide information under this section in a manner and at a time consistent with the duty of the party to negotiate in good faith under subsection   153ZEJ(2).


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