Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 153ZA

    The Treasurer may apply to the Court for an order under subsection   153ZB(2) or (3) 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 application 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 applied for 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   153H (electricity spot market (aggravated case));

  (f)   the order applied for 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)   the following conditions are satisfied:

  (i)   the order applied for will result, or is likely to result, in a benefit to the public;

  (ii)   if the order applied for will result, or is likely to result, in a detriment to the public--the benefit mentioned in subparagraph   (i) would, or is likely to, outweigh that detriment.