Western Australian Current Acts Western Australian Current Acts (1) Despite anything
to the contrary in a contract under which an assignee assumes the position of
the corporation under this Part, the assignee is to offer to vary the price
for access to which a person is entitled under the contract to a price not
exceeding the statutory price applicable from time to time for the service
provided for in the contract.
(2) The varied price
that is required by subsection (1) to be offered has effect, if accepted, from
the time that the assignee assumes the position of the corporation unless the
parties to the contract otherwise agree.
(3) Subsection (1)
does not apply to an exempt contract.
(4) A contract to
which subsection (1) applies may provide for a price for access that is above
the maximum price, if any, prescribed by regulations for the service
concerned.
(5) In this section
—
access means access to the capacity of the
privatised DBNGP system to transport gas; and
exempt contract —
(a)
means a contract in respect of which a declaration under the Gas Corporation
Act 1994 2 , Schedule 5, clause 6 was in force immediately before the coming
into operation of clause 17(4) of Schedule 4 of this Act 1 ; and
(b)
includes a contract entered into —
(i)
in substitution for a contract referred to in paragraph
(a) or any provision of such a contract; or
(ii)
by way of amendment of a contract referred to in
paragraph (a) or subparagraph (i);
statutory price means the price that a person
could insist on paying if the person were, at the time concerned, entering
into a contract for the service concerned.