72Competition authorisation

72 Competition authorisation

72 Competition authorisation

(1) Relevant conduct is conduct that is specifically authorised by this Act for the purposes of the Competition and Consumer Act 2010 of the Commonwealth and the Competition Code of New South Wales.

(2) Conduct authorised by this section is authorised only to the extent, if any, that it would otherwise contravene Part IV of the Competition and Consumer Act 2010 of the Commonwealth and the Competition Code of New South Wales.

(3) In this section—

giving effect to a requirement includes—

(a) complying with an obligation arising in connection with the requirement, and

(b) exercising or enforcing a right or power arising in connection with the requirement.

relevant conduct means the following conduct—

(a) making an order under section 29,

(b) giving effect to a requirement under an order under section 29,

(c) conducting a competitive tender for LTES agreements,

(d) offering to enter into and entering into an LTES agreement or risk management contract,

(e) giving effect to a requirement under an LTES agreement or risk management contract,

(e1) exercising a function in relation to, or giving effect to a requirement in relation to, the grant, increase or administration of access rights in an access scheme by a person or body other than—

(i) a person or body who holds access rights in the access scheme, or

(ii) a person or body applying or competing to hold access rights in the access scheme,

(f) other conduct prescribed by the regulations.

s 72: Am 2024 No 83, Sch 1[18].