153WConditions for making contracting order

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.