Regulated offer retailers
38B Regulated offer retailers
The Minister may, by order, declare an authorised retailer to be a regulated offer retailer in respect of premises.
The Minister may make more than one order under subsection (1), but each such order is to relate to a different authorised retailer.
An authorised retailer may be declared in an order under subsection (1) to be a regulated offer retailer – in respect of premises situated on mainland Tasmania or on a part of mainland Tasmania specified in the order; or in respect of premises of a type of premises specified in the order; or in respect of premises of a type of customer, specified in the order, for the premises; or in respect of premises for a period specified in the order – or in respect of premises by virtue of a combination of the factors referred to in paragraphs (a), (b), (c) and (d).
An authorised retailer may only be declared in an order under subsection (1) to be a regulated offer retailer if the retailer, any subsidiary of the retailer, or any related body corporate of the retailer, have between them more than 50,000 small customers at premises situated on mainland Tasmania.
For the avoidance of doubt, an order under subsection (1) continues to apply, unless it is revoked, even if the authorised retailer in relation to which it is made, any subsidiary of the retailer, or any related body corporate of the retailer, have, at any time after the order is made and while the order is in force, between them less than 50,000 small customers at premises situated on mainland Tasmania.
The Minister, by order, may revoke an order made under subsection (1).
The Minister – is to be taken to have made, on and from the day on which this section comes into force, an order under subsection (1) declaring Aurora Retail to be a regulated offer retailer in respect of premises situated on mainland Tasmania; and may revoke under subsection (6) the order that the Minister is to be taken, in accordance with paragraph (a), to have made under subsection (1).
In this section – related body corporate, in relation to a regulated offer retailer, means a person that is a related body corporate of the retailer under the Corporations Act; subsidiary, in relation to a regulated offer retailer, means a person that is a subsidiary of the retailer under the Corporations Act.
This Act’s bill:Explanatory notesSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.