Competition and Consumer Act 2010
53ZDIncidental or related matters
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53ZD Incidental or related matters
(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 Review 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: