Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 53ZD

             (1)  A gas market instrument may include any of the following:

                     (a)  rules about the circumstances in which persons are, or may be, relieved from complying with requirements in a gas market instrument that that would otherwise apply to them;

                     (b)  if a gas market instrument requires information or a document to be given or published--exceptions to that requirement, including exceptions that apply in any of the following circumstances:

                              (i)  circumstances in which publishing the information would prejudice the commercial interests of a person;

                             (ii)  circumstances in which publishing the information is not in the public interest;

                            (iii)  circumstances involving personal information;

                     (c)  rules about the use, disclosure or publication of information or a document by a person to whom the information or document is given under a gas market instrument;

                     (d)  rules about the manner or form in which persons or bodies:

                              (i)  may exercise powers or perform functions conferred by a gas market instrument; or

                             (ii)  must comply with requirements imposed by a gas market instrument;

                            which could include requiring the use of a form approved by the Minister, the Commission or another person or body;

                     (e)  rules providing for any of the following in relation to 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:

                              (i)  internal review of the decision;

                             (ii)  review of the decision by the Australian Competition Tribunal;

                            (iii)  the making of applications to the Administrative Appeals Tribunal for review of the decision;

                      (f)  rules requiring agents of a gas market participant to do or not to do specified things when:

                              (i)  engaging in gas market conduct, on behalf of the gas market participant, within the agent's actual or apparent authority; or

                             (ii)  otherwise acting on behalf of the gas market participant, in relation to gas market conduct, within the agent's actual or apparent authority;

                     (g)  rules providing that, in specified circumstances, a partner in a partnership is taken to contravene a specified provision of a gas market instrument if another partner in the partnership contravenes that provision;

                     (h)  rules providing that, in specified circumstances, a person who carries on a joint venture is taken to contravene a specified provision of a gas market instrument if another person who carries on the joint venture contravenes that provision.

             (2)  A gas market code may deal with any of the following matters:

                     (a)  matters incidental or related to any matter that is or may be included in, or dealt with by, a gas market code;

                     (b)  matters of a transitional nature relating to:

                              (i)  the making of a gas market code; or

                             (ii)  a repeal of a gas market emergency price order by subsection 53M(7).

             (3)  A gas market emergency price order may deal with any of the following matters:

                     (a)  matters incidental or related to any matter that is or may be included in, or dealt with by, a gas market emergency price order;

                     (b)  matters of a transitional nature relating to the making of a gas market emergency price order.

             (4)  A gas market instrument may make provision in relation to a matter in a way that depends on a person being satisfied of one or more specified matters.