Section 153ZA — Competition and Consumer Act 2010: Treasurer may apply to Federal Court for divestiture order

The Treasurer may apply to the Court for an order under subsection 153ZB(2) or (3) in respect of a body corporate if the Treasurer is satisfied that the following conditions are met: (a) the Commission has given the Treasurer a prohibited conduct recommendation under section 153S; (b) the body corporate is identified in the recommendation (in accordance with subparagraph 153S(2)(c)(i) or (iii)); (c) the application is made no later than 45 days after: (i) unless subparagraph (ii) applies—the day on which the Commission gave the Treasurer the recommendation; or (ii) if there has been a variation of the recommendation under section 153T—the day on which the Commission made the variation; (d) the order applied for is of a kind stated in the recommendation (in accordance with paragraph 153S(2)(d)); (e) the conduct identified in the recommendation (in accordance with subparagraph 153S(2)(c)(ii)): (i) is prohibited conduct engaged in by the corporation identified in the recommendation (in accordance with subparagraph 153S(2)(c)(i)) (the relevant corporation); and (ii) is, or includes, prohibited conduct under section 153H (electricity spot market (aggravated case)); (f) the order applied for is a proportionate means of preventing the relevant corporation, or any related body corporate, from engaging in that kind of prohibited conduct in the future; (g) the following conditions are satisfied: (i) the order applied for will result, or is likely to result, in a benefit to the public; (ii) if the order applied for will result, or is likely to result, in a detriment to the public—the benefit mentioned in subparagraph (i) would, or is likely to, outweigh that detriment.