Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 53ZB

  (1)   A gas market instrument may confer on a person or body a power to do, or a function of doing, any of the following:

  (a)   monitoring compliance with a gas market instrument;

  (b)   conducting investigations in relation to a gas market matter;

  (c)   providing exemptions from:

  (i)   a gas market instrument; or

  (ii)   a specified provision of a gas market instrument; or

  (iii)   a specified rule included in a gas market instrument;

  (d)   reviewing, or reporting on:

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

  (ii)   activities under, or in relation to, a gas market instrument;

  (e)   reviewing 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.

  (2)   A gas market code may confer on a person or body any of the following powers or functions:

  (a)   a power to determine, or a function of determining, any matter that may be dealt with by a gas market code;

  (b)   a power or function relating to the operation, application or administration of a gas market code.

  (3)   A gas market emergency price order may confer on a person or body any of the following powers or functions:

  (a)   a power to determine, or a function or determining, any matter that may be dealt with by a gas market emergency price order;

  (b)   a power or function relating to the operation, application or administration of a gas market emergency price order.

  (4)   If a gas market code confers on a person or body a power or function, a gas market code:

  (a)   may provide that the power is to be exercised, or the function performed, by legislative instrument, notifiable instrument or another kind of written instrument; and

  (b)   may provide for the person or body to delegate the power or function.

Note:   For limitations relating to a power to make a legislative instrument, see section   53ZI.

  (5)   If a gas market emergency price order confers on a person or body a power or function, a gas market instrument:

  (a)   may provide that the power is to be exercised, or the function performed, by legislative instrument, notifiable instrument or another kind of written instrument; and

  (b)   may provide for the person or body to delegate the power or function.

Note:   For limitations relating to a power to make a legislative instrument, see section   53ZI.