53CCompliance with market information instrument

53C Compliance with market information instrument

53C Compliance with market information instrument

(1) A market information instrument takes effect as follows—

(a) in the case of a general market information order—on publication on AEMO’s website; or

(b) in the case of a market information notice—on service of the notice on the person to whom it is addressed.

(2) AEMO may, by written notice, exempt a person from compliance with a general market information order—

(a) unconditionally or on specified conditions; and

(b) wholly or to a specified extent.

(3) Subject to any exemption, a person who is a member of a class to which a general market information order applies must comply with the order.

Note—

Subsection (3) is a civil penalty provision.

(4) A person on whom a market information notice is served must comply with the notice.

Note—

Subsection (4) is a civil penalty provision.

(5) The duty to comply with a market information instrument prevails over a duty of confidence.

(6) However—

(a) a person cannot be required by a market information instrument to disclose information that is the subject of legal professional privilege; and

(b) a natural person cannot be required by a market information instrument to disclose information that would incriminate the person or make the person liable to a criminal penalty under the law of an Australian jurisdiction (whether or not the jurisdiction is a participating jurisdiction).

(7) A person incurs no liability, by complying with a market information instrument, for breach of contract, breach of confidence or any other civil wrong.

s 53C: Ins 2009 No 31, sec 17. Am 2011 No 7, sec 26.