Western Australian Current Regulations Western Australian Current Regulations A person who is a
Service Provider in respect of a Covered Pipeline (regardless of whether they
are also a Service Provider in respect of a Pipeline that is not Covered) must
comply with the following (but in the case of paragraphs (a), (b), (h) and
(i), as from the date that is 6 months after the relevant Pipeline became
Covered):
(a) be a
legal entity registered under the Corporations Law, a foreign company within
the meaning of the Corporations Law that has appointed a local agent in
accordance with sections 601CF and 601CG of the Corporations Law, a statutory
corporation, a government or an entity established by royal charter.
(b) not
carry on a Related Business;
(c)
establish and maintain a separate set of accounts in respect of the Services
provided by each Covered Pipeline in respect of which the person is a Service
Provider;
(d)
establish and maintain a separate consolidated set of accounts in respect of
the entire business of the Service Provider;
(e)
allocate any costs that are shared between an activity that is covered by a
set of accounts described in section 4.1(c) and any other activity according
to a methodology for allocating costs that is consistent with the principles
in section 8.1 and is otherwise fair and reasonable;
(f)
ensure that all Confidential Information provided by a User or Prospective
User is used only for the purpose for which that information was provided and
that such information is not disclosed to any other person without the
approval of the User or Prospective User who provided it, except:
(i)
if the Confidential Information comes into the public
domain otherwise than by disclosure by the Service Provider; or
(ii)
to comply with any law, any legally binding order of a
court, government, government or semi-government authority or administrative
body or the listing rules of any relevant recognised Stock Exchange;
(g)
ensure that all Confidential Information obtained by the Service Provider or
by its servants, consultants, independent contractors or agents in the course
of conducting its business and which might reasonably be expected to affect
materially the commercial interests of a User or Prospective User is not
disclosed to any other person without the approval of the User or Prospective
User to whom that information pertains, except:
(i)
if the Confidential Information comes into the public
domain otherwise than by disclosure by the Service Provider; or
(ii)
to comply with any law, any legally binding order of a
court, government, government or semi-government authority or administrative
body or the listing rules of any relevant recognised Stock Exchange;
(h)
ensure that its Marketing Staff are not also servants, consultants,
independent contractors or agents of an Associate that takes part in a Related
Business and, in the event that they become or are found to be involved in a
Related Business contrary to this section, must procure their immediate
removal from its Marketing Staff; and
(i)
ensure that none of its servants, consultants,
independent contractors or agents are Marketing Staff of an Associate that
takes part in a Related Business and, in the event that any servants,
consultants, independent contractors or agents are found to be the Marketing
Staff of such an Associate contrary to this section, must procure their
immediate removal from their position with the Service Provider.
[Section 4.1 amended: Gazette 22 November 2000 p.
6541.]