BHP means BHP Petroleum (Bass Strait) Pty Ltd or a body corporate related to it;
Competition Code has the same meaning as in the Competition Policy Reform (Victoria) Act 1995;
Esso means Esso Australia Resources Ltd. or a body corporate related to it;
S. 62M def. of gas supply contract amended by No. 91/1997
s. 27(1)(a)
(i)–(iv).
gas supply contract means—
(a) a contract for the supply of gas made between BHP and Esso as sellers and GASCOR as buyer dated 20 November 1996 or a new arrangement; and
(b) each and any variation to the contract or new arrangement described in paragraph (a) in accordance with the principles of the unwritten law and, in the case of any variation to a specified exclusionary provision, a specified price provision, a specified terms provision, a specified acquisition exclusivity provision, a specified supply exclusivity provision or a specified volume provision, as approved by the Minister; and
(c) a contract or arrangement made or understanding arrived at between—
(i) BHP, Esso and GASCOR; or
(ii) GASCOR and either BHP or Esso—
for the purpose of giving effect to, or incidental to, an obligation or right of one or more of the parties under the contract or new arrangement referred to in paragraph (a) or any variation to that contract or new arrangement under and in accordance with paragraph (b);
S. 62M def. of new arrangement inserted by No. 91/1997
s. 27(1)(b), amended by No. 40/1998
s. 26(1).
new arrangement means a contract or arrangement—
(a) for the supply of gas by GASCOR to a new retailer; or
(b) for the supply of gas by GASCOR to customers by a new retailer as GASCOR's agent—
being a contract or arrangement made on or after 1 December 1997 but does not include a contract or arrangement if, when the contract or arrangement is made, a party to it is a person other than a statutory authority or a company all the shares in which are held by or on behalf of the State or a statutory authority;
S. 62M def. of new retailer inserted by No. 91/1997
s. 27(1)(b), amended by Nos 40/1998
s. 26(2), 91/1998 s. 18.
new retailer means—
(a) Ikon Energy Pty Ltd A.C.N. 079 089 553;
(b) Kinetik Energy Pty Ltd A.C.N. 079 089 188;
(c) Energy 21 Pty Ltd A.C.N. 079 089 213;
(d) Gas Release Co Pty Ltd A.C.N. 079 089 286;
S. 62M def. of specified acquisition exclusivity provision substituted by No. 91/1997
s. 27(1)(c).
specified acquisition exclusivity provision, in relation to a gas supply contract, means a provision that comprises or includes a condition, whether direct or indirect and whether having legal or equitable force or not, that—
(a) GASCOR will not, or will not except to a limited extent, acquire gas directly or indirectly from a person who is or is likely to be or would be but for that provision, a competitor of BHP or a competitor of Esso or a competitor of a body corporate related to either of them; or
(b) a new retailer will not, or will not except to a limited extent, acquire gas directly or indirectly from a person who is or is likely to be or would be but for that provision, a competitor of GASCOR or of a body corporate related to GASCOR;
S. 62M def. of specified exclusionary provision amended by No. 91/1997
s. 27(1)(d)
(i)–(iii).
specified exclusionary provision, in relation to a gas supply contract, means a provision that—
(a) has the purpose of preventing, restricting or limiting the acquisition of gas by GASCOR or a new retailer from particular persons or classes of persons or from particular persons or classes of persons in particular circumstances or on particular conditions; or
(b) has the purpose of preventing, restricting or limiting the supply of gas by Esso or BHP severally to GASCOR or to GASCOR in particular circumstances or on particular conditions or by GASCOR to or through the agency of a new retailer or to or through the agency of a new retailer in particular circumstances or on particular conditions; or
(c) has the purpose of preventing, restricting or limiting the supply of gas—
(i) by Esso and BHP jointly or by either or each of them severally to particular persons or classes of persons (other than GASCOR) or to particular persons or classes of persons (other than GASCOR) in particular circumstances or on particular conditions; or
(ii) by GASCOR or a new retailer to particular persons, or particular persons or classes of persons in particular circumstances or on particular conditions;
S. 62M def. of specified price provision amended by No. 91/1997
s. 27(1)(e).
specified price provision in relation to a gas supply contract, means a provision that has the purpose, or has or is likely to have the effect, of fixing, controlling or maintaining or providing for the fixing, controlling or maintaining of the price for gas to be supplied by Esso and BHP jointly or either of them severally to GASCOR or by GASCOR to or through the agency of more than one new retailer;
S. 62M def. of specified supply exclusivity provision amended by No. 91/1997
s. 27(1)(f).
specified supply exclusivity provision, in relation to a gas supply contract, means a provision that comprises or includes a condition, whether direct or indirect and whether having legal or equitable force or not, that Esso and BHP jointly or either or each of them severally or GASCOR or a new retailer (as principal or agent) will not supply gas to any person or will not, or will not except to a limited extent, supply gas to particular persons or classes of persons or to persons other than particular persons or classes of persons or in particular places or classes of places or in places other than particular places or classes of places;
S. 62M def. of specified terms provision substituted by No. 91/1997
s. 27(1)(g).
specified terms provision, in relation to a gas supply contract means a provision that provides for the supply of gas—
(a) by Esso and BHP jointly or either of them severally to GASCOR; or
(b) by GASCOR to or through the agency of more than one new retailer—
upon identical or like or similar terms and conditions that has the purpose, or would have or would be likely to have the effect, of substantially lessening competition within the meaning of section 45 of the Trade Practices Act and the Competition Code;
S. 62M def. of specified volume provision amended by No. 91/1997
s. 27(1)(h)
(i)–(iv).
specified volume provision, in relation to a gas supply contract, means a provision, not being a specified acquisition exclusivity provision or a specified supply exclusivity provision, that provides for during or in respect of any particular period or series of particular periods—
(a) the acquisition by GASCOR from Esso and BHP jointly or from either or each of them severally or by a new retailer from GASCOR of a volume of gas that is specified, identifiable or capable of calculation; or
(b) the supply to GASCOR by Esso and BHP jointly or by either or each of them severally or by GASCOR or to or through the agency of a new retailer of a volume of gas that is specified, identifiable or capable of calculation; or
(c) the payment by GASCOR to Esso and BHP jointly or to either or each of them severally or by a new retailer to GASCOR of any amount of money for the reason that GASCOR has not acquired or has not agreed to acquire from Esso and BHP jointly or from either or each of them severally (as the case may be) or the new retailer has not acquired or has not agreed to acquire from GASCOR or has not supplied or agreed to supply as GASCOR's agent a volume of gas that is specified, identifiable or capable of calculation—
and that has the purpose, or has or is likely to have the effect, of substantially lessening competition within the meaning of section 45 of the Trade Practices Act and the Competition Code;
Trade Practices Act means the Trade Practices Act 1974 of the Commonwealth.