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COMPETITION AND CONSUMER ACT 2010 - SECT 153W

Conditions for making contracting order

                   The Treasurer may make an order under section 153X 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 order 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 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 153F (electricity financial contract liquidity) or section 153H (electricity spot market (aggravated case));

                      (f)  the order 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)  any of the following generate electricity:

                              (i)  the body corporate;

                             (ii)  another body corporate that is related to the body corporate.



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