Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 53B

    In this Part:

"agreement" includes a contract.

Note:   For the meaning of contract , see subsection   4(1).

"Australia" : see subsection   53E(2).

"constitutional corporation" means a corporation to which paragraph   51(xx) of the Constitution applies.

"constitutional trade or commerce" means any of the following:

  (a)   trade or commerce among the States;

  (b)   trade or commerce between Australia and places outside Australia;

  (c)   trade or commerce within a Territory, between a State and a Territory, or between 2 Territories.

"expression of interest" means a non - binding expression of interest or invitation issued for the purpose of ascertaining whether a person is interested in acquiring or supplying a gas commodity.

"gas" includes gas in a liquid state.

"gas commodity" means:

  (a)   gas; or

  (b)   goods or services relating to supplying or acquiring gas.

"gas exchange" means an exchange or other trading system, platform or facility (including an electronic exchange, system, platform or facility) on which:

  (a)   expressions of interest relating to supplying or acquiring gas commodities are issued, received or responded to; or

  (b)   offers relating to supplying or acquiring gas commodities are made, received or responded to; or

  (c)   agreements relating to supplying or acquiring gas commodities are entered into.

"gas market conduct" : see section   53C.

"gas market matter" :

  (a)   subject to paragraph   (b), means any of the following:

  (i)   gas market conduct;

  (ii)   the operation, application or administration of a gas market instrument;

  (iii)   compliance (including non - compliance) with a gas market instrument;

  (iv)   a failure to supply a gas commodity;

  (v)   a matter prescribed by the regulations for the purposes of this subparagraph; and

  (b)   does not include a matter prescribed by the regulations for the purposes of this paragraph.

"gas market participant" : see section   53D.

"offer" includes:

  (a)   a counter - offer; and

  (b)   a bid on a gas exchange.

"price" includes price structure.

"price dispute" means a dispute between gas market participants arising because the gas market participants do not agree to the terms (including terms relating to price) on which they are to supply or acquire gas commodities to or from each other.

"prohibited conduct" : a person engages in prohibited conduct if the person engages in conduct that contravenes any of the following provisions:

  (a)   section   53ZV;

  (b)   subsection   53ZW(1);

  (c)   a civil penalty provision of a gas market instrument.

"regulating" includes prohibiting.

"related contravention" : see subsection   53ZO(9).

"scheme" means:

  (a)   any agreement, arrangement, understanding, promise or undertaking, whether express or implied; or

  (b)   any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise; or

  (c)   any combination of 2 or more things that are schemes because of paragraph   (a) or (b).