Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 53C

  (1)   For the purposes of this Part, gas market conduct is:

  (a)   conduct relating to supplying or acquiring a gas commodity, or to the potential supply or acquisition of a gas commodity; or

  (b)   without limiting paragraph   (a)--any of the following:

  (i)   supplying or acquiring a gas commodity;

  (ii)   issuing or receiving an expression of interest in relation to supplying or acquiring a gas commodity;

  (iii)   responding to an expression of interest in relation to supplying or acquiring a gas commodity;

  (iv)   offering to supply or acquire a gas commodity, or receiving such an offer;

  (v)   responding to an offer to supply or acquire a gas commodity;

  (vi)   agreeing to supply or acquire a gas commodity;

  (vii)   refusing to do anything mentioned in subparagraphs   (i) to (vi);

  (viii)   operating a gas exchange;

  (ix)   conduct prescribed by the regulations for the purposes of this subparagraph.

Note:   For the meaning of conduct , see subsection   4(2).

  (2)   For the purposes of this Part, gas market conduct does not include any of the following:

  (a)   conduct engaged in by the Minister, the Commission or a member of the Commission;

  (b)   exercising a power or performing a function conferred by a gas market provision;

  (c)   conduct engaged in by a mediator or arbiter of a dispute between gas market participants.

  (3)   Subsection   (1) has effect subject to subsection   (2).

  (4)   To avoid doubt, for the purposes of this section, it does not matter whether conduct occurs inside or outside Australia.

Note:   See also section   53H (geographical application of the gas market provisions in relation to supplies and acquisitions).