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COMPETITION AND CONSUMER ACT 2010 - SECT 153W

Conditions for making contracting order

    The Treasurer may make an order under section   153X in respect of a body corporate if the Treasurer is satisfied that the following conditions are met:

  (a)   the Commission has given the Treasurer a prohibited conduct recommendation under section   153S;

  (b)   the body corporate is identified in the recommendation (in accordance with subparagraph   153S(2)(c)(i) or (iii));

  (c)   the order is made no later than 45 days after:

  (i)   unless subparagraph   (ii) applies--the day on which the Commission gave the Treasurer the recommendation; or

  (ii)   if there has been a variation of the recommendation under section   153T--the day on which the Commission made the variation;

  (d)   the order is of a kind stated in the recommendation (in accordance with paragraph   153S(2)(d));

  (e)   the conduct identified in the recommendation (in accordance with subparagraph   153S(2)(c)(ii)):

  (i)   is prohibited conduct engaged in by the corporation identified in the recommendation (in accordance with subparagraph   153S(2)(c)(i)) (the relevant corporation ); and

  (ii)   is, or includes, prohibited conduct under section   153F (electricity financial contract liquidity) or section   153H (electricity spot market (aggravated case));

  (f)   the order is a proportionate means of preventing the relevant corporation, or any related body corporate, from engaging in that kind of prohibited conduct in the future;

  (g)   any of the following generate electricity:

  (i)   the body corporate;

  (ii)   another body corporate that is related to the body corporate.


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