62QDefinitions

62Q Definitions

In this Part—

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;

gas supply contract has the same meaning as in section 62M;

master agreement means—

(a) a contract between GASCOR and a new retailer or new retailers and RCo containing terms and conditions—

(i) on which the rights and obligations of GASCOR under a gas supply contract are to be exercised; and

(ii) under which quantities of gas are allocated among the new retailers and RCo; and

(iii) which is designated as such by the Minister for the purpose of this provision; and

(b) each and any variation to the master agreement as approved by the Minister; and

(c) a contract or arrangement made or understanding arrived at between GASCOR and a new retailer or new retailers and RCo or between new retailers and RCo for the purpose of giving effect to, or incidental to, an obligation or right of one or more of the parties under the master agreement;

new retailer has the same meaning as in section 62M;

RCo means Gas Release Co Pty Ltd A.C.N. 079 089 286;

specified operational provision, in relation to a master agreement, means a provision that relates to—

(a) the provision of information by a new retailer or RCo to GASCOR or by GASCOR to a new retailer or RCo or the provision or sharing of information between such parties inter se; or

(b) any direction or action, or decision to make any direction or take any action by a party to the master agreement or its representative collectively with any other such party or its representative relating to any right, entitlement, interest, decision or action that GASCOR has or may take or exercise under a gas supply contract—

and 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;

specified price provision, in relation to a master agreement, 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 acquired by GASCOR, supplied by GASCOR to or through the agency of more than one new retailer or acquired by more than one new retailer or RCo;