Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 153F

Prohibited conduct--electricity financial contract liquidity

    A corporation contravenes this section if:

  (a)   any of the following conditions are satisfied:

  (i)   the corporation generates electricity;

  (ii)   a body corporate that is related to the corporation generates electricity; and

  (b)   the corporation does any of the following:

  (i)   fails to offer electricity financial contracts;

  (ii)   limits or restricts its offers to enter into electricity financial contracts;

  (iii)   offers to enter into electricity financial contracts in a way that has, or on terms that have, the effect or likely effect of preventing, limiting or restricting acceptance of those offers; and

  (c)   the corporation does so for the purpose of substantially lessening competition in any electricity market.

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


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