28AProvision of information and assistance by AER to the ESC

28A Provision of information and assistance by AER to the ESC (1) Despite any other Act or law (other than the **Charter of Human Rights and Responsibilities Act 2006**), the AER is authorised, on its own initiative or at the request of the ESC— (a) to provide the ESC with relevant regulatory information that is reasonably required by the ESC for the purposes of performing a function or duty or exercising a power under the **Essential Services Commission Act 2001** in relation to a contravention or likely contravention by a relevant distributor of a condition of the distribution licence held by that distributor constituted by a contravention or likely contravention of an ESC enforceable regulatory requirement; and (b) to provide the ESC with such other assistance as is reasonably required by the ESC to perform a function or duty, or exercise a power referred to in paragraph (a). (2) Nothing done, or authorised to be done, by the AER in acting under subsection (1)— (a) constitutes a breach of, or default under, an Act or other law; or (b) constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or (c) constitutes a breach of a duty of confidence (whether arising by contract, in equity or by custom) or in any other way; or (d) constitutes a civil or criminal wrong; or (e) terminates an agreement or obligation or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy; or (f) releases a surety or any other obligee wholly or in part from an obligation. ***relevant regulatory information*** means information (including information given in confidence) in the possession or control of the AER that the AER has obtained in performing a function or duty or exercising a power under this Part. S. 29 inserted by No. 66/2007 s. 5 (as amended by No. 59/2008 s. 44).