QLDIn ForceAct
National Energy Retail Law (Queensland) Act 2014
sec.28Provision of information and assistance by Queensland regulator
Start here
Get a plain-English read of sec.28
Turn the raw legal text into a practical explanation grounded in National Energy Retail Law (Queensland) Act 2014.
### sec.28 Provision of information and assistance by Queensland regulator
Despite any other Act or law, a Queensland regulator is authorised, on its own initiative or at the request of the AER—
to provide the AER with information (including information given in confidence) in the possession or control of the regulator reasonably required by the AER for this part or the NERL (Qld); and
to provide the AER with other assistance reasonably required by the AER to perform a function, or exercise a power, under this part or the NERL (Qld).
Despite any other Act or law, a Queensland regulator may authorise the AER to disclose information provided under subsection (1) even if the information was given to the regulator in confidence.
Nothing done, or authorised to be done, by a Queensland regulator in acting under subsection (1) or (2)—
constitutes a breach of, or default under, an Act or other law; or
constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or
constitutes a breach of a duty of confidence (whether arising by contract, in equity or by custom or in any other way); or
constitutes a civil or criminal wrong; or
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
releases a surety or any other obligee wholly or in part from an obligation.
In this section—
Queensland regulator means—
the regulator under the Electricity Act; or
the regulator under the Gas Supply Act; or
the Queensland Competition Authority established under the Queensland Competition Authority Act 1997 , section 7.
(sec.28-ssec.1) Despite any other Act or law, a Queensland regulator is authorised, on its own initiative or at the request of the AER— to provide the AER with information (including information given in confidence) in the possession or control of the regulator reasonably required by the AER for this part or the NERL (Qld); and to provide the AER with other assistance reasonably required by the AER to perform a function, or exercise a power, under this part or the NERL (Qld).
(sec.28-ssec.2) Despite any other Act or law, a Queensland regulator may authorise the AER to disclose information provided under subsection (1) even if the information was given to the regulator in confidence.
(sec.28-ssec.3) Nothing done, or authorised to be done, by a Queensland regulator in acting under subsection (1) or (2)— constitutes a breach of, or default under, an Act or other law; or constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or constitutes a breach of a duty of confidence (whether arising by contract, in equity or by custom or in any other way); or constitutes a civil or criminal wrong; or 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 releases a surety or any other obligee wholly or in part from an obligation.
(sec.28-ssec.4) In this section— Queensland regulator means— the regulator under the Electricity Act; or the regulator under the Gas Supply Act; or the Queensland Competition Authority established under the Queensland Competition Authority Act 1997 , section 7.
- (a) to provide the AER with information (including information given in confidence) in the possession or control of the regulator reasonably required by the AER for this part or the NERL (Qld); and
- (b) to provide the AER with other assistance reasonably required by the AER to perform a function, or exercise a power, under this part or the NERL (Qld).
- (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.
- (a) the regulator under the Electricity Act; or
- (b) the regulator under the Gas Supply Act; or
- (c) the Queensland Competition Authority established under the Queensland Competition Authority Act 1997 , section 7.