(1) For paragraph 1368(a) of the Act, section 791A of the Act does not have effect in relation to a person if:
(a) the person is engaged, by the Clean Energy Regulator, to assist in the conduct of the auction of carbon units under the Clean Energy Act 2011 ; and
(b) in conducting or assisting in the conduct of the auction, the person engages in conduct that constitutes operating a financial market.
(2) For paragraph 1368(a) of the Act, section 820A of the Act does not have effect in relation to a person if:
(a) the person is engaged, by the Clean Energy Regulator, to assist in the conduct of the auction of carbon units; and
(b) in conducting or assisting in the conduct of the auction, the person engages in conduct that constitutes operating a clearing and settlement facility.