Competition and Consumer Act 2010

the Commission has given the Treasurer a prohibited conduct recommendation under section 153S;

the body corporate is identified in the recommendation (in accordance with subparagraph 153S(2)(c)(i) or (iii));

the application is made no later than 45 days after:

unless subparagraph (ii) applies—the day on which the Commission gave the Treasurer the recommendation; or

if there has been a variation of the recommendation under section 153T—the day on which the Commission made the variation;

the order applied for is of a kind stated in the recommendation (in accordance with paragraph 153S(2)(d));

the conduct identified in the recommendation (in accordance with subparagraph 153S(2)(c)(ii)):

is prohibited conduct engaged in by the corporation identified in the recommendation (in accordance with subparagraph 153S(2)(c)(i)) (the relevant corporation); and

is, or includes, prohibited conduct under section 153H (electricity spot market (aggravated case));

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;

the following conditions are satisfied:

the order applied for will result, or is likely to result, in a benefit to the public;

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.