Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 153E

  (1)   A corporation contravenes this section if:

  (a)   the corporation offers to supply electricity, or supplies electricity, to small customers; and

  (b)   the corporation fails to make reasonable adjustments to the price of those offers, or to the price of those supplies, to reflect sustained and substantial reductions in its underlying cost of procuring electricity.

Note 1:   The Treasurer cannot make a contracting order in respect of a contravention of this section (see paragraph   153W(e)).

Note 2:   The Treasurer cannot apply for a divestiture order in respect of a contravention of this section (see paragraph   153ZA(e)).

  (2)   Despite subsection   (1), the corporation does not contravene this section if the price is a standing offer price (within the meaning of the Competition and Consumer (Industry Code--Electricity Retail) Regulations   2019 ).

  (3)   Despite subsection   (1), the corporation does not contravene this section if the adjustments would contravene:

  (a)   an Act of the Commonwealth, a State or a Territory; or

  (b)   an instrument made under such an Act.