18EGMaking and serving notices and orders

18EG Making and serving notices and orders

18EG Making and serving notices and orders

(1) The AER may, if it considers it reasonably necessary for the performance of its functions under this Division—

(a) serve a market monitoring information notice on a person named in the notice; and

(b) make a market monitoring information order.

(2) The AER must, when considering if it is reasonably necessary to serve a market monitoring information notice or make a market monitoring information order—

(a) be satisfied the AER requires the information or agreement to carry out a wholesale market monitoring function; and

(b) consider the costs that are likely to be incurred by a person responding to the notice or order; and

(c) consider whether the information—

(i) is publicly available; or

(ii) can be obtained by the AER in another way.

(3) A market monitoring information notice or a market monitoring information order must not be used for the purpose of—

(a) investigating a breach or possible breach of this Law, the Regulations or the Rules; or

(b) commencing or conducting proceedings for a breach or possible breach of this Law, the Regulations or the Rules; or

(c) commencing or conducting an appeal from a decision in proceedings for a breach or possible breach of this Law, the Regulations or the Rules; or

(d) responding to an application for review of a decision of the AER under Part 6 Division 3A.

(4) A market monitoring information order must be made in accordance with the Rules.

(5) The Regulations or the Rules may provide that a market monitoring information notice or a market monitoring information order must not be used to obtain the following—

(a) 1 or more classes of relevant agreement;

(b) information about 1 or more classes of relevant agreement.

s 18EG: Ins 2024 No 12, sec 10.