New South Wales Consolidated Acts

NATIONAL GAS (NSW) LAW - SECT 30AL

30AL Making and serving notices and orders

(1) The AER may, if it considers it reasonably necessary for the performance of its functions under this Division--

(a) serve a market monitoring information notice on a person named in the notice; and

(b) make a market monitoring information order.

(2) The AER must, when considering if it is reasonably necessary to serve a market monitoring information notice or make a market monitoring information order--

(a) be satisfied the AER requires the information or agreement to carry out a wholesale market monitoring function; and

(b) consider the costs that are likely to be incurred by a person responding to the notice or order; and

(c) consider whether the information--

(i) is publicly available; or

(ii) can be obtained by the AER in another way.

(3) A market monitoring information notice or a market monitoring information order must not be used for the purpose of--

(a) investigating a breach or possible breach of this Law, the Regulations or the Rules; or

(b) commencing or conducting proceedings for a breach or possible breach of this Law, the Regulations or the Rules; or

(c) commencing or conducting an appeal from a decision in proceedings for a breach or possible breach of this Law, the Regulations or the Rules; or

(d) responding to an application for review of a decision of the AER under Chapter 8 Part 5.

(4) A market monitoring information order must be made in accordance with the Rules.

(5) The Regulations or the Rules may provide that a market monitoring information notice or a market monitoring information order must not be used to obtain the following--

(a) 1 or more classes of relevant agreement;

(b) information about 1 or more classes of relevant agreement.