Competition and Consumer (Gas Market Code) Regulations 2023
6Definitions of covered supplier and affiliate
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6 Definitions of covered supplier and affiliate
(1) A person is a covered supplier if:
(a) the person is a regulated gas producer; or
(b) the person:
(i) is an affiliate of a regulated gas producer; and
(ii) has entered into an agreement (the affiliate supply agreement) for the supply of gas to the person by the regulated gas producer or another affiliate of the regulated gas producer; and
(iii) the agreement is not a mandatory government agreement; and
(iv) subsection (2) applies.
(2) For the purposes of subparagraph (1)(b)(iv), this subsection applies if:
(a) the affiliate supply agreement is in force; or
(b) the person has entered into another agreement to supply the gas acquired under the affiliate supply agreement to another person, and that other agreement is in force; or
(c) the person intends to enter into another agreement to supply the gas acquired under the affiliate supply agreement to another person.
(3) A person is an affiliate of a regulated gas producer if any of the following conditions are satisfied:
(a) the person and the regulated gas producer are related to each other (as determined in accordance with section 4A of the Act);
(b) the person and the regulated gas producer are related entities (within the meaning of the Corporations Act 2001);
(c) there is a joint venture in which the person and the regulated gas producer are participants;
(d) there is:
(i) a joint venture in which the person and a third person are participants; and
(ii) another joint venture in which the regulated gas producer and the third person are participants;
(e) there is:
(i) a joint venture in which the person and a third person are participants; and
(ii) another joint venture in which the regulated gas producer and a related entity (within the meaning of the Corporations Act 2001) of the third person are participants;
(f) there is:
(i) a joint venture in which the regulated gas producer and a third person are participants; and
(ii) another joint venture in which the person and a related entity (within the meaning of the Corporations Act 2001) of the third person are participants.