Document ID: chunk:federal_register_of_legislation:F2023L00994:reg:32
Version: federal_register_of_legislation:F2023L00994
Segment Type: reg
Provision Reference: reg 32
Character Range: 53172–54558

32  Good faith—matters to take into account
  Without limiting the matters to which a court may have regard for the purpose of determining whether a person deals in good faith with another person in relation to negotiations or an agreement, a court may have regard to the following matters:
 (a) the extent to which the person has acted honestly;
 (b) in the case of dealing in relation to an agreement—whether the person has tried to cooperate with the other party to achieve the purposes of the agreement;
 (c) the extent to which the person has not acted arbitrarily, capriciously, unreasonably, recklessly or with ulterior motives;
 (d) the extent to which the person has acted in a way that constitutes retribution against the other party for past disputes with the other party (including disputes in mediation or arbitration);
 (e) the nature of the person's relationship with the other party (including the extent to which the person has conducted the relationship without duress);
 (f) the extent to which the person's relationship with the other party has been conducted in recognition of the need for certainty regarding the risks and costs of supplying or acquiring regulated gas;
 (g) the extent to which the person has undermined, or denied the other party, a benefit of any agreement;
 (h) any other relevant matter.

Part 6—Record keeping, information and publication