Commonwealth Consolidated Acts Commonwealth Consolidated ActsThe Treasurer may apply to the Court for an order under subsection 153ZB(2) or (3) in respect of a body corporate if the Treasurer is satisfied that the following conditions are met:
(a) the Commission has given the Treasurer a prohibited conduct recommendation under section 153S;
(b) the body corporate is identified in the recommendation (in accordance with subparagraph 153S(2)(c)(i) or (iii));
(c) the application is made no later than 45 days after:
(i) unless subparagraph (ii) applies--the day on which the Commission gave the Treasurer the recommendation; or
(ii) if there has been a variation of the recommendation under section 153T--the day on which the Commission made the variation;
(d) the order applied for is of a kind stated in the recommendation (in accordance with paragraph 153S(2)(d));
(e) the conduct identified in the recommendation (in accordance with subparagraph 153S(2)(c)(ii)):
(i) is prohibited conduct engaged in by the corporation identified in the recommendation (in accordance with subparagraph 153S(2)(c)(i)) (the relevant corporation ); and
(ii) is, or includes, prohibited conduct under section 153H (electricity spot market (aggravated case));
(f) the order applied for is a proportionate means of preventing the relevant corporation, or any related body corporate, from engaging in that kind of prohibited conduct in the future;
(g) the following conditions are satisfied:
(i) the order applied for will result, or is likely to result, in a benefit to the public;
(ii) if the order applied for will result, or is likely to result, in a detriment to the public--the benefit mentioned in subparagraph (i) would, or is likely to, outweigh that detriment.