a gas market code; or

a gas market emergency price order.

a provision of Part IVBB;

a provision of the regulations made for the purposes of a provision of Part IVBB (including a gas market code);

a provision of a gas market emergency price order;

another provision of this Act to the extent that it relates to a provision covered by paragraph (a), (b) or (c).

the regulation of the Australian gas market; and

in particular, limitation of increases in gas prices.

regulate dealings between persons who supply or acquire gas, including negotiations and agreements between such persons; or

deal with resolving disputes between persons who supply or acquire gas.

trade or commerce among the States;

trade or commerce between Australia and places outside Australia;

trade or commerce within a Territory, between a State and a Territory, or between 2 Territories.

gas; or

goods or services relating to supplying or acquiring gas.

expressions of interest relating to supplying or acquiring gas commodities are issued, received or responded to; or

offers relating to supplying or acquiring gas commodities are made, received or responded to; or

agreements relating to supplying or acquiring gas commodities are entered into.

subject to paragraph (b), means any of the following:

gas market conduct;

the operation, application or administration of a gas market instrument;

compliance (including non-compliance) with a gas market instrument;

a failure to supply a gas commodity;

a matter prescribed by the regulations for the purposes of this subparagraph; and

does not include a matter prescribed by the regulations for the purposes of this paragraph.

a counter-offer; and

a bid on a gas exchange.

section 53ZV;

subsection 53ZW(1);

a civil penalty provision of a gas market instrument.

any agreement, arrangement, understanding, promise or undertaking, whether express or implied; or

any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise; or

any combination of 2 or more things that are schemes because of paragraph (a) or (b).

conduct relating to supplying or acquiring a gas commodity, or to the potential supply or acquisition of a gas commodity; or

without limiting paragraph (a)—any of the following:

supplying or acquiring a gas commodity;

issuing or receiving an expression of interest in relation to supplying or acquiring a gas commodity;

responding to an expression of interest in relation to supplying or acquiring a gas commodity;

offering to supply or acquire a gas commodity, or receiving such an offer;

responding to an offer to supply or acquire a gas commodity;

agreeing to supply or acquire a gas commodity;

refusing to do anything mentioned in subparagraphs (i) to (vi);

operating a gas exchange;

conduct prescribed by the regulations for the purposes of this subparagraph.

conduct engaged in by the Minister, the Commission or a member of the Commission;

exercising a power or performing a function conferred by a gas market provision;

conduct engaged in by a mediator or arbiter of a dispute between gas market participants.

a person who engages, or is capable of engaging, in gas market conduct;

a person who has previously been a gas market participant under paragraph (a), (c) or (d);

a body corporate that is related to a body corporate that is a gas market participant;

any of the persons who carry on a joint venture, if:

subparagraph 4J(a)(i) applies to the joint venture; and

the joint venture is, or includes, gas market conduct;

a person or body prescribed by the regulations for the purposes of this paragraph.

occurs in Australia; or

is:

to a person in Australia, including by means of importing the gas commodity into Australia; or

by means of exporting the gas commodity from Australia.

occurs in Australia; or

is the direct result of a supply mentioned in subsection (1).

liable to a pecuniary penalty or to be prosecuted for an offence; or

subject to a remedy under Part VI (about enforcement); or

subject to Part XID (about search and seizure).

if the entity is not a person—as if the entity were a person; and

with the modifications (if any) prescribed by the regulations for the purposes of this paragraph.

the instrument; or

a provision of the instrument; or

a rule included in the instrument;

is part of the Commonwealth; or

(b) is a Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013); or

is a body (whether or not incorporated) established for a public purpose by or under a law of the Commonwealth; or

is:

holding or performing the duties of an office established by or under a law of the Commonwealth; or

holding an appointment made under a law of the Commonwealth; or

is prescribed by the regulations for the purposes of this paragraph.

is part of a State or Territory; or

is a body (whether or not incorporated) established for a public purpose by or under a law of a State or Territory; or

is:

holding or performing the duties of an office established by or under a law of a State or Territory; or

holding an appointment made under a law of a State or Territory; or

is prescribed by the regulations for the purposes of this paragraph.

create an offence;

provide powers of:

arrest or detention; or

entry, search or seizure;

impose a tax;

set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

directly amend the text of this Act.

if any provision of any gas market emergency price order commences during the 12 months starting on the commencement of this section—12 months after the earliest time any provision of any gas market emergency price order commences; or

otherwise—12 months after the commencement of this section.

the instrument; or

a specified provision of the instrument; or

a specified rule included in the instrument;

the instrument; or

a specified provision of the instrument; or

a specified rule included in the instrument;

only in relation to parts of Australia in relation to which specified requirements are met; or

in relation to all parts of Australia other than parts of Australia in relation to which specified requirements are met.

by reference to the Minister, the Commission or another person or body being satisfied that particular requirements are met; or

by providing for the Minister, the Commission or another person or body to make a legislative, notifiable or other instrument.

the instrument; or

a specified provision of the instrument; or

a specified rule included in the instrument;

at a specified time; or

during a specified period; or

on an ongoing basis (subject to subsection 53M(7)).

rules about how a gas market participant deals with another gas market participant;

rules requiring a gas market participant to deal with another gas market participant in a specified manner, including in good faith;

rules about the matters that, for the purposes of a gas market code, must, may or must not be taken into account in determining whether a gas market participant is dealing with another gas market participant in good faith;

rules about the period within which a gas market participant does something in dealing with another gas market participant, including the period within which a gas market participant responds to a request made by another gas market participant.

rules requiring a gas market participant to issue, or not to issue, an expression of interest in specified circumstances; or

rules about any of the following matters:

matters to which regard is had before issuing an expression of interest;

the manner in which an expression of interest is issued (for example, in writing);

information that is included in an expression of interest or made available in connection with an expression of interest (including the manner in which the information is made available);

the content of an expression of interest;

the period during which an expression of interest is open;

responding to an expression of interest;

dealing with a response to an expression of interest, including by providing information, making an offer or entering into an agreement;

withdrawing an expression of interest.

rules requiring a gas market participant to make, or not to make, an offer in specified circumstances; or

rules about any of the following matters:

matters to which regard is had before making an offer;

the manner in which an offer is made (for example, in writing);

information that is included in an offer, or made available in connection with an offer (including the manner in which the information is made available);

the content of an offer;

the period during which an offer is open;

responding to an offer;

dealing with a response to an offer, including by providing information;

withdrawing an offer.

rules requiring a gas market participant to enter, or not to enter, into an agreement in specified circumstances; or

rules about any of the following matters:

the manner in which an agreement is made (for example, in writing);

matters dealt with in an agreement, including, in the case of an agreement to supply or acquire a gas commodity, the matters mentioned in subsection (2);

withdrawing from or ending an agreement.

how much of the gas commodity is to be supplied or acquired;

flexibility of the volume of the gas commodity to be supplied or acquired;

where the gas commodity is to be supplied or acquired;

when the gas commodity is to be supplied or acquired;

payment terms;

a communication protocol for major interruptions to the supply of the gas commodity;

the period of the agreement;

the consequences of a breach of the agreement;

dispute resolution.

how such a term is expressed;

fees payable in relation to such an offer, agreement, supply or acquisition;

terms (including terms relating to price) specified in an expression of interest relating to supplying or acquiring a gas commodity.

rules setting a price;

rules setting a maximum price;

rules setting a minimum price;

rules setting a maximum and a minimum price;

rules requiring a price to be reasonable;

rules about the matters that, for the purposes of a gas market code, must, may or must not be taken into account in determining whether a price is reasonable;

rules about determining a price, including matters taken into account in determining a price;

rules about how a price is expressed.

refer to the prices of any gas commodity inside or outside Australia or any published information about any market; or

require a price to be equal to the amount worked out by using a specified formula or method.

disputes or complaints arising under, or in relation to, a gas market code; or

disputes arising during negotiations between gas market participants, including any of the following:

disputes relating to a prospective agreement between gas market participants;

price disputes.

rules requiring a gas market participant to have internal or external dispute resolution processes;

rules requiring those processes to meet specified criteria.

provide for a gas market participant to complain to the Minister or the Commission about:

a contravention of a gas market code; or

a dispute between gas market participants relating to gas market conduct;

include rules about any of the following matters:

the manner in which such a complaint is made;

how the Minister or the Commission deals with such a complaint.

a process for appointing a mediator;

the powers or functions of a mediator;

a process for commencing mediation;

the mediation process, including rules about any of the following matters:

a party giving information to another party or to a mediator (including on request);

a mediator providing a party with an opportunity to be heard;

terminating a mediation;

the extent (if any) to which mediation is compulsory;

the consequences of not participating in mediation;

reporting;

generating and keeping records;

confidentiality;

the costs of mediation, including providing for:

determining the costs; or

who is liable to pay the costs.

establishing or maintaining a register of arbiters;

a process for appointing an arbiter;

the powers or functions of an arbiter;

a process for commencing arbitration, including rules requiring a party to a dispute to take reasonable steps (such as mediation) to resolve a dispute before proceeding to arbitration;

the arbitration process, including rules about any of the following matters:

a party to a dispute giving information to another party or to an arbiter (including on request);

an arbiter providing a party with an opportunity to be heard;

terminating an arbitration;

the extent (if any) to which arbitration is compulsory;

the consequences of not participating in arbitration;

decision-making by an arbiter, including processes an arbiter uses in decision-making;

a power of an arbiter to decide that a party to a dispute must supply a gas commodity;

a power of an arbiter to decide any of the following matters if an arbiter decides that a party to a dispute must supply a gas commodity:

how much of the gas commodity is to be supplied;

where the gas commodity is to be supplied;

when the gas commodity is to be supplied;

the terms (including terms relating to price) on which the gas commodity is to be supplied;

rules about how a decision of an arbiter binds a party to an arbitration;

the consequences of not complying with a decision of an arbiter;

reporting;

generating and keeping records;

confidentiality;

the costs of arbitration, including providing for:

determining the costs; or

who is liable to pay the costs.

how such a term is expressed;

fees payable in relation to such an offer, agreement, supply or acquisition;

terms (including terms relating to price) specified in an expression of interest relating to supplying or acquiring a gas commodity.

rules setting a price;

rules setting a maximum price;

rules setting a minimum price;

rules setting a maximum and a minimum price;

rules requiring a price to be reasonable;

rules about the matters that, for the purposes of a gas market emergency price order, must, may or must not be taken into account in determining whether a price is reasonable;

rules about determining a price, including matters taken into account in determining a price;

rules about how a price is expressed.

refer to the prices of any gas commodity inside or outside Australia or any published information about any market; or

require a price to be equal to the amount worked out by using a specified formula or method.

the type of information that is published;

the circumstances in which information is published;

the manner in which information is published.

reporting; or

generating or keeping records (including financial records); or

auditing;

financial or other reports, records or documents; or

information;

report to the Minister or the Commission the occurrence of a specified event relating to:

a gas market matter; or

a price dispute;

give to the Minister or the Commission specified information relating to such an event.

monitoring compliance with a gas market instrument;

conducting investigations in relation to a gas market matter;

providing exemptions from:

a gas market instrument; or

a specified provision of a gas market instrument; or

a specified rule included in a gas market instrument;

reviewing, or reporting on:

the operation, application or administration of a gas market instrument; or

activities under, or in relation to, a gas market instrument;

reviewing a decision made under a gas market instrument, or in the exercise or performance of a power or function conferred by a gas market instrument.

a power to determine, or a function of determining, any matter that may be dealt with by a gas market code;

a power or function relating to the operation, application or administration of a gas market code.

a power to determine, or a function or determining, any matter that may be dealt with by a gas market emergency price order;

a power or function relating to the operation, application or administration of a gas market emergency price order.

may provide that the power is to be exercised, or the function performed, by legislative instrument, notifiable instrument or another kind of written instrument; and

may provide for the person or body to delegate the power or function.

may provide that the power is to be exercised, or the function performed, by legislative instrument, notifiable instrument or another kind of written instrument; and

may provide for the person or body to delegate the power or function.

the amount of the fee, including a method for working out the amount of the fee;

who is liable to pay the fee;

the consequences of not paying the fee;

when the fee becomes due and payable;

waiving a fee;

refunding a fee.

rules about the circumstances in which persons are, or may be, relieved from complying with requirements in a gas market instrument that that would otherwise apply to them;

if a gas market instrument requires information or a document to be given or published—exceptions to that requirement, including exceptions that apply in any of the following circumstances:

circumstances in which publishing the information would prejudice the commercial interests of a person;

circumstances in which publishing the information is not in the public interest;

circumstances involving personal information;

rules about the use, disclosure or publication of information or a document by a person to whom the information or document is given under a gas market instrument;

rules about the manner or form in which persons or bodies:

may exercise powers or perform functions conferred by a gas market instrument; or

must comply with requirements imposed by a gas market instrument;

rules providing for any of the following in relation to a decision made under a gas market instrument, or in the exercise or performance of a power or function conferred by a gas market instrument:

internal review of the decision;

review of the decision by the Australian Competition Tribunal;

the making of applications to the Administrative Appeals Tribunal for review of the decision;

rules requiring agents of a gas market participant to do or not to do specified things when:

engaging in gas market conduct, on behalf of the gas market participant, within the agent’s actual or apparent authority; or

otherwise acting on behalf of the gas market participant, in relation to gas market conduct, within the agent’s actual or apparent authority;

rules providing that, in specified circumstances, a partner in a partnership is taken to contravene a specified provision of a gas market instrument if another partner in the partnership contravenes that provision;

rules providing that, in specified circumstances, a person who carries on a joint venture is taken to contravene a specified provision of a gas market instrument if another person who carries on the joint venture contravenes that provision.

matters incidental or related to any matter that is or may be included in, or dealt with by, a gas market code;

matters of a transitional nature relating to:

the making of a gas market code; or

a repeal of a gas market emergency price order by subsection 53M(7).

matters incidental or related to any matter that is or may be included in, or dealt with by, a gas market emergency price order;

matters of a transitional nature relating to the making of a gas market emergency price order.

as in force or existing at a particular time; or

as in force or existing from time to time.

by reference to:

the price of any gas commodity or other goods or services anywhere inside or outside Australia; or

any published information about any market (whether inside or outside Australia); or

by reference to, or by providing for, a formula or method.

subsection 53N(1); and

subsection 53N(4); and

each provision of Subdivision B; and

each provision of Subdivision C; and

each provision of Subdivision D; and

subsection 53ZJ(1).

a Minister; or

the Commission; or

a member of the staff of the Commission; or

an APS employee; or

an entity covered by subsection 53K(3).

set out at the foot of a provision of the gas market instrument a pecuniary penalty, or penalties, indicated by the words “Civil penalty”; or

provide that a specified provision of a gas market instrument is a civil penalty provision, or that a person is liable to a civil penalty if the person contravenes the provision;

within a particular period; or

before a particular time;

within a particular period; or

before a particular time;

subsection 53ZQ(1);

subsection 53ZQ(2);

subsection 53ZQ(3);

section 53ZV;

subsection 53ZW(1);

a civil penalty provision of a gas market instrument, other than a provision that is a requirement for a gas market participant to deal with another gas market participant in good faith as mentioned in paragraph 53Q(b).

the substitutions in the following table were made; and

the following substitutions were made:

for a reference in item 1 of the table in 60 penalty units, substitute a reference to 600 penalty units;section 134C to

for a reference in that item to 12 penalty units, substitute a reference to 60 penalty units.

apply in relation to a provision to which this section applies; and

purport to confer judicial power on the Commission.

any of the following conditions are satisfied:

the person has engaged in prohibited conduct;

the person is engaging in prohibited conduct; and

one or more other persons has suffered, or is likely to suffer, detriment as a result of the prohibited conduct; and

it is in the public interest to issue the notice.

state the day on which the notice is given; and

identify:

the person mentioned in paragraph (1)(a); and

the prohibited conduct mentioned in paragraph (1)(a); and

explain the reasons why the Commission reasonably believes that the requirements in paragraphs (1)(a), (b) and (c) are met; and

state that:

the person may, within 21 days after being given the notice, make representations to the Commission regarding the matters mentioned in paragraphs (1)(a), (b) and (c); and

the Commission may issue a public warning notice under section 53ZM in relation to the prohibited conduct after those 21 days have passed.

the Commission gave a person a notice under section 53ZL in relation to prohibited conduct; and

at least 21 days have passed since the Commission gave the person the notice; and

no more than 90 days have passed since the Commission gave the person the notice; and

the Commission reasonably believes that any of the following conditions are satisfied:

the person has engaged in the prohibited conduct;

the person is engaging in the prohibited conduct; and

the Commission reasonably believes that one or more other persons has suffered, or is likely to suffer, detriment as a result of the prohibited conduct.

any of the following conditions are satisfied:

a person has engaged in prohibited conduct;

a person is engaging in prohibited conduct; and

there is a significant risk of imminent, serious harm to the welfare of Australians as a result of the prohibited conduct; and

issuing a notice under this section in relation to the prohibited conduct, without first giving a notice under section 53ZL in relation to the prohibited conduct, is reasonably necessary to:

prevent that harm or reduce that risk; or

reduce the seriousness of that harm.

state the day on which the notice is issued; and

identify:

the person mentioned in paragraph (1)(a) or (2)(a); and

the prohibited conduct mentioned in that paragraph.

(a) a person engaged in conduct (the contravening conduct) that constituted a contravention or a related contravention of a civil penalty provision of a gas market instrument; and

the contravening conduct caused, or is likely to cause, a class of persons to suffer loss or damage; and

(c) the class includes persons (non-parties) who are not, or have not been, parties to a proceeding (an enforcement proceeding) instituted under Part VI in relation to the contravening conduct;

the person mentioned in paragraph (1)(a); or

a person involved in the contravening conduct.

redress, in whole or in part, the loss or damage suffered by the non-parties in relation to the contravening conduct; or

prevent or reduce the loss or damage suffered, or likely to be suffered, by the non-parties in relation to the contravening conduct.

the person; and

the non-parties;

which persons are non-parties in relation to the contravening conduct;

the nature of the loss or damage suffered, or likely to be suffered, by such persons.

an order is made under subsection (1) against a person; and

the loss or damage suffered, or likely to be suffered, by a non-party in relation to the contravening conduct to which the order relates has been redressed, prevented or reduced in accordance with the order; and

the non-party has accepted the redress, prevention or reduction;

the non-party is bound by the order; and

any other order made under subsection (1) that relates to that loss or damage has no effect in relation to the non-party; and

despite any other provision of this Act or any other law of the Commonwealth, or a State or Territory, no claim, action or demand may be made or taken against the person by the non-party in relation to that loss or damage.

aids, abets, counsels or procures another person to contravene the provision; or

induces, whether by threats or promises or otherwise, another person to contravene the provision; or

is in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of the provision by another person; or

conspires with others to effect a contravention of the provision.

an order declaring the whole or any part of a contract made between the respondent and a non-party referred to in that subsection, or a collateral arrangement relating to such a contract:

to be void; and

if the court thinks fit—to have been void ab initio or void at all times on and after such date as is specified in the order (which may be a date that is before the date on which the order is made);

an order:

varying such a contract or arrangement in such manner as is specified in the order; and

if the court thinks fit—declaring the contract or arrangement to have had effect as so varied on and after such date as is specified in the order (which may be a date that is before the date on which the order is made);

an order refusing to enforce any or all of the provisions of such a contract or arrangement;

an order directing the respondent to refund money or return property to a non-party referred to in that subsection;

an order directing the respondent, at the respondent’s own expense, to supply specified services to a non-party referred to in that subsection.

the person, either alone or with others, engages in any of the following conduct:

enters into a scheme;

begins to carry out a scheme;

carries out a scheme; and

having regard to any matters as required under subsection 53ZR(1), it would be reasonable to conclude that the purpose of the person engaging in that conduct was to avoid the application of a civil penalty provision of a gas market instrument.

the corporation, either alone or with other persons, engages in any of the following conduct:

enters into a scheme;

begins to carry out a scheme;

carries out a scheme; and

having regard to any matters as required under subsection 53ZR(1), it would be reasonable to conclude that the purpose of the corporation engaging in that conduct was to avoid the application of a civil penalty provision of a gas market instrument.

in the course of constitutional trade or commerce, the person, either alone or with others, engages in any of the following conduct:

enters into a scheme;

begins to carry out a scheme;

carries out a scheme; and

having regard to any matters as required under subsection 53ZR(1), it would be reasonable to conclude that the purpose of the person engaging in that conduct was to avoid the application of a civil penalty provision of a gas market instrument.

name the person to which it is given; and

specify:

the information or document to which it relates; and

the provisions of the gas market instrument which require the person to keep, to generate or to publish the information or document; and

explain the effect of sections 53ZU, 53ZV and 53ZW.

the period specified in the notice; or

if the period for complying with the notice has been extended under section 53ZU—the period as so extended.

give to the Commission false or misleading information; or

produce to the Commission documents that contain false or misleading information.

information that the person could not have known was false or misleading; or

the production to the Commission of a document containing false or misleading information if the document is accompanied by a statement of the person that the information is false or misleading.

a provision of Division 2; or

section 155 (which is about the general information-gathering powers of the Commission).

Part IIIAA; and

Part IIIA; and

Part IVB; and

Part V; and

Part VIIA; and

Part XICA.

is engaged in by a constitutional corporation; or

is engaged in, by a person who is not a constitutional corporation, in a way that affects, is capable of affecting or is taken with intent to affect the activities, functions, relationships or business of a constitutional corporation; or

occurs in the course of, or in relation to, constitutional trade or commerce; or

is engaged in by an entity covered by subsection 53K(3).

as in force or existing at a particular time; or

as in force or existing from time to time.

subsection 53ZQ(1), (2) or (3), section 53ZV, subsection 53ZW(1) or a civil penalty provision of a gas market instrument; or

subsection 53ZQ(1), (2) or (3), section 53ZV, subsection 53ZW(1) or a civil penalty provision of a gas market instrument;

a civil penalty provision of a gas market instrument; or

a civil penalty provision of a gas market instrument; or

a gas market instrument; or

a gas market instrument matter (as defined by subsection (9AAA) of this section); or

Part IVBB; or

regulations made under this Act for the purposes of that Part (including a gas market code); or

a gas market emergency price order.

is entered into between the Commonwealth and one or more States; and

relates to the delivery by the State or States of temporary relief from high energy bills for households and small businesses; and

provides that the State or States must not deliver that relief to a household or small business unless criteria specified in the agreement in relation to the household or small business are met; and

is expressed to be a temporary energy bill relief agreement for the purposes of this Act; and

is entered into on or after 9 December 2022.

the State is a party to a temporary energy bill relief agreement; and

the financial year is the 2022-23 or 2023-24 financial year.

if:

the determination relates to financial assistance to a State under section 15E; and

the State is a party to a temporary energy bill relief agreement;