prescribe that the pecuniary penalty for a contravention of a civil penalty provision of the code by a body corporate is the greatest of the following:

$10,000,000;

if the Court can determine the value of the benefit that the body corporate, and any body corporate related to the body corporate, has obtained directly or indirectly and that is reasonably attributable to the contravention—3 times the value of that benefit;

if the Court cannot determine the value of that benefit—10% of the annual turnover of the body corporate during the period of 12 months ending at the end of the month in which the contravention occurred;

prescribe that the pecuniary penalty for a contravention of a civil penalty provision of the code by a person who is not a body corporate is $500,000;

if the code does not prescribe a pecuniary penalty mentioned in paragraph (a) or (b) for a contravention of a civil penalty provision of the code—prescribe a pecuniary penalty not exceeding 600 penalty units for the contravention.

the regulations may prescribe, for the purposes of this Part, an industry code that includes a provision of that kind, whether or not the provision regulates conduct of a kind mentioned in subsection (1); and

(b) if the regulations do prescribe, for the purposes of this Part, an industry code that includes a provision of that kind, the inclusion of the provision does not prevent the code from being an industry code for the purposes of this Part.

monitoring compliance with the code;

dealing with disputes or complaints arising under, or in relation to, the code;

dealing with matters relating to a prospective agreement (including disputes or complaints relating to such an agreement) that would, if entered into, have the effect that one or more parties to the agreement is a participant in the industry to which the code relates;

conducting investigations under, or in relation to, the code;

(e) providing exemptions from the code or specified provisions of the code;

reviewing, or reporting on, the operation of the code or activities under, or in relation to, the code;

any other matter relating to the operation, application or administration of the code.

if the function or power is a function of providing, or a power to provide, exemptions from the code or specified provisions of the code—any of the following:

the Commission;

the Australian Energy Regulator;

a Minister (whether or not a Minister administering this provision); or

otherwise—any person or body (whether or not a participant in the industry to which the code relates), including a person or body referred to in subparagraph (a)(i), (ii) or (iii).

(a) the function or power must be exercised by written instrument (an exemption instrument); and

if the code does not provide that an exemption instrument made under the code is a legislative instrument, then:

if each exemption provided by the instrument relates to a particular entity—the instrument is a notifiable instrument; or

otherwise—the instrument is a legislative instrument.

may require a person or body to provide another person or body with information or documents relevant to the operation, application or administration of the code (whether or not any of those persons or bodies are participants in the industry to which the code relates); and

may confer on a person or body (whether or not a participant in the industry to which the code relates) a function of imposing, or a power to impose, a requirement of the kind mentioned in paragraph (a).

paragraphs 51AE(1A)(b) and (c);

a provision of an industry code prescribed for the purposes of this Part that is authorised by paragraph 51AE(1A)(b) or (c);

any other provision of this Act or the regulations, to the extent to which the provision relates to a provision mentioned in paragraph (a) or (b) of this subsection.

(a) regulations (the earlier regulations) prescribing industry codes for the purposes of Part IVB of the Competition and Consumer Act 2010 that were made, or purportedly made, under that Act before the commencement of this item (whether or not the regulations are still in force); and

acts or things done, or purportedly done, under the earlier regulations before the commencement of this item.

in the Federal Circuit and Family Court of Australia in relation to the person’s marriage or de facto relationship with another person; or

in the Family Court of Western Australia in relation to the person’s marriage with another person;

request the Commissioner of Taxation to disclose that superannuation information for the purpose of those proceedings; and

if the Commissioner of Taxation discloses that superannuation information to the official for the purpose of those proceedings—disclose the superannuation information to the following:

the person and each lawyer of the person;

the other party and each lawyer of the other party;

for an application to a Senior Registry official of the Federal Circuit and Family Court of Australia—it is:

in the form approved in writing by the Chief Executive Officer; and

given in the manner required by the Chief Executive Officer (which may include electronically); and

for an application to a Senior Registry official of the Family Court of Western Australia—it is:

in the form approved in writing by the official; and

given in the manner required by the official (which may include electronically); and

it contains the information (including any declaration) that the form requires.

of the Federal Circuit and Family Court of Australia—means a Registry Manager of that Court; or

of the Family Court of Western Australia—means the Principal Registrar of that Court.

(a) the identity of each superannuation interest (within the meaning of the Income Tax Assessment Act 1997) held by the person and the value of that interest most recently reported to the Commissioner of Taxation under a taxation law (within the meaning of that Act);

(b) the identity and value of any account (within the meaning of the Small Superannuation Accounts Act 1995) in the person’s name;

(c) any amounts payable by the Commissioner of Taxation to the person, or for the benefit of the person, under the Superannuation (Unclaimed Money and Lost Members) Act 1999;

(d) any amounts of a shortfall component (within the meaning of Part 8 of the Superannuation Guarantee (Administration) Act 1992) that is payable to the person, or for the benefit of the person, under that Part;

(e) any amounts payable by the Commissioner of Taxation to the person, or for the benefit of the person, under the Superannuation (Government Co-contribution for Low Income Earners) Act 2003.

property settlement proceedings that are in the Federal Circuit and Family Court of Australia at or after the commencement of this Part; or

property settlement proceedings, in relation to the parties to a marriage, that are in the Family Court of Western Australia at or after the commencement of this Part;

proceedings in relation to matters arising under this Part;

(b) proceedings under the Family Court Act 1997 (WA) with respect to the property of the parties to the de facto relationship or either of them, if the person is considering bringing, or is a party to, related proceedings in relation to matters arising under this Part;

(a) request the Commissioner of Taxation to disclose that superannuation information for the purpose of all of the following proceedings (the relevant proceedings) in relation to the person’s de facto relationship with the other party:

any proceedings in relation to matters arising under this Part;

(ii) any proceedings under the Family Court Act 1997 (WA) with respect to the property of the parties to the de facto relationship or either of them, if the person is considering bringing, or is a party to, related proceedings in relation to matters arising under this Part; and

if the Commissioner of Taxation discloses that superannuation information to the Principal Registrar for the purpose of the relevant proceedings—disclose the superannuation information to the following:

the person and each lawyer of the person;

the other party and each lawyer of the other party;

it is in the form approved for the purposes of subparagraph 90XZJ(3)(b)(i); and

it contains the information (including any declaration) that the form requires; and

it is given in the manner required for the purposes of subparagraph 90XZJ(3)(b)(ii) (which may include electronically).