Section 53ZD — Competition and Consumer Act 2010: Incidental or related matters

(1) A gas market instrument may include any of the following: (a) 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; (b) 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: (i) circumstances in which publishing the information would prejudice the commercial interests of a person; (ii) circumstances in which publishing the information is not in the public interest; (iii) circumstances involving personal information; (c) 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; (d) rules about the manner or form in which persons or bodies: (i) may exercise powers or perform functions conferred by a gas market instrument; or (ii) must comply with requirements imposed by a gas market instrument; which could include requiring the use of a form approved by the Minister, the Commission or another person or body; (e) 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: (i) internal review of the decision; (ii) review of the decision by the Australian Competition Tribunal; (iii) the making of applications to the Administrative Review Tribunal for review of the decision; (f) rules requiring agents of a gas market participant to do or not to do specified things when: (i) engaging in gas market conduct, on behalf of the gas market participant, within the agent’s actual or apparent authority; or (ii) otherwise acting on behalf of the gas market participant, in relation to gas market conduct, within the agent’s actual or apparent authority; (g) 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; (h) 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. (2) A gas market code may deal with any of the following matters: (a) matters incidental or related to any matter that is or may be included in, or dealt with by, a gas market code; (b) matters of a transitional nature relating to: (i) the making of a gas market code; or (ii) a repeal of a gas market emergency price order by subsection 53M(7). (3) A gas market emergency price order may deal with any of the following matters: (a) matters incidental or related to any matter that is or may be included in, or dealt with by, a gas market emergency price order; (b) matters of a transitional nature relating to the making of a gas market emergency price order. (4) A gas market instrument may make provision in relation to a matter in a way that depends on a person being satisfied of one or more specified matters.