35Provision of certain information and assistance is authorised

35 Provision of certain information and assistance is authorised

(1)  In this section –

Regulator has the meaning it has in the Electricity Supply Industry Act 1995 .

(2)  Despite any other Act, the Regulator is authorised, on its own initiative or at the request of the AER –

(a) to provide the AER with the information (including information given in confidence) in the possession or control of the Regulator that is reasonably required by the AER for the purposes of –

(i) this Act; or

(ii) the regulations; or

(iii) the National Energy Retail Law (Tasmania); or

(iv) an instrument made under the National Energy Retail Law (Tasmania); and

(b) to provide the AER with any other assistance that is reasonably required by the AER to perform a function or duty, or exercise a power, conferred or imposed on the AER under –

(i) this Act; or

(ii) the regulations; or

(iii) the National Energy Retail Law (Tasmania); or

(iv) an instrument made under the National Energy Retail Law (Tasmania).

(3)  Despite any other Act or law, the Regulator may authorise the AER to disclose information provided under subsection (2) even if the information was given to the Regulator in confidence.

(4)  Nothing done, or authorised to be done, by the Regulator in acting under subsection (2) or (3)  –

(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 custom) or in any other way; or