Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 53ZD

  (1)   A gas market instrument may include any of the following:

  (a)   rules about the circumstances in which persons are, or may be, relieved from complying with requirements in a gas market instrument that that would otherwise apply to them;

  (b)   if a gas market instrument requires information or a document to be given or published--exceptions to that requirement, including exceptions that apply in any of the following circumstances:

  (i)   circumstances in which publishing the information would prejudice the commercial interests of a person;

  (ii)   circumstances in which publishing the information is not in the public interest;

  (iii)   circumstances involving personal information;

  (c)   rules about the use, disclosure or publication of information or a document by a person to whom the information or document is given under a gas market instrument;

  (d)   rules about the manner or form in which persons or bodies:

  (i)   may exercise powers or perform functions conferred by a gas market instrument; or

  (ii)   must comply with requirements imposed by a gas market instrument;

    which could include requiring the use of a form approved by the Minister, the Commission or another person or body;

  (e)   rules providing for any of the following in relation to a decision made under a gas market instrument, or in the exercise or performance of a power or function conferred by a gas market instrument:

  (i)   internal review of the decision;

  (ii)   review of the decision by the Australian Competition Tribunal;

  (iii)   the making of applications to the Administrative Review Tribunal for review of the decision;

  (f)   rules requiring agents of a gas market participant to do or not to do specified things when:

  (i)   engaging in gas market conduct, on behalf of the gas market participant, within the agent's actual or apparent authority; or

  (ii)   otherwise acting on behalf of the gas market participant, in relation to gas market conduct, within the agent's actual or apparent authority;

  (g)   rules providing that, in specified circumstances, a partner in a partnership is taken to contravene a specified provision of a gas market instrument if another partner in the partnership contravenes that provision;

  (h)   rules providing that, in specified circumstances, a person who carries on a joint venture is taken to contravene a specified provision of a gas market instrument if another person who carries on the joint venture contravenes that provision.

  (2)   A gas market code may deal with any of the following matters:

  (a)   matters incidental or related to any matter that is or may be included in, or dealt with by, a gas market code;

  (b)   matters of a transitional nature relating to:

  (i)   the making of a gas market code; or

  (ii)   a repeal of a gas market emergency price order by subsection   53M(7).

  (3)   A gas market emergency price order may deal with any of the following matters:

  (a)   matters incidental or related to any matter that is or may be included in, or dealt with by, a gas market emergency price order;

  (b)   matters of a transitional nature relating to the making of a gas market emergency price order.

  (4)   A gas market instrument may make provision in relation to a matter in a way that depends on a person being satisfied of one or more specified matters.