Competition and Consumer (Gas Market Code) Regulations 2023
53Deemed exemption for retailers
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53 Deemed exemption for retailers
A civil penalty provision in Parts 3, 4, 5 and 6 does not apply at a time if all of the following conditions are met:
(a) at the time, the person mentioned in that provision:
(i) held a retailer authorisation (within the meaning of the National Energy Retail Law as it applies in a State or a Territory); or
(ii) was a retailer (within the meaning of the Electricity Industry Act 2000 (Vic.)); or
(iii) held a licence authorising the person to sell gas by retail under the Gas Industry Act 2001 (Vic.);
(b) no more than 50 per cent of the annual turnover of the person during the most recent financial year ending before the time, to the extent that it is attributable to business operations related to the production, supply and acquisition of gas, is attributable to a business of producing regulated gas carried on by the person.