A leviable entity forms part of the wholesale electricity dealers sub-sector in a financial year if, at any time in the financial year:
(a) the entity incurs liabilities as part of the ordinary business operations of the entity in dealing in, or making a market in, over-the-counter derivatives that relate to the wholesale price of electricity; and
(b) the entity is not:
(i) a body regulated by APRA; or
(ii) a participant in a financial market; or
(iii) a participant in a clearing and settlement facility.