Conduct preventing or hindering operation
11ZOV Conduct preventing or hindering operation
A person to whom this section applies must not engage in conduct (the prohibited conduct) for the purpose of —
preventing or hindering;
attempting to prevent or hinder; or
conspiring with others to prevent or hinder,
the operation of a retail market scheme in accordance with section 11ZOB.
A person to whom this section applies must not —
aid, abet, counsel or procure a person to engage in the prohibited conduct;
induce, or attempt to induce, a person, whether by threats or promises or otherwise, to engage in the prohibited conduct; or
be in any way, directly or indirectly, knowingly concerned in, or party to, the engagement of a person in the prohibited conduct.
This section applies to —
a gas business operator in relation to the retail market scheme concerned;
a person who is party to an agreement with such a gas business operator relating to the supply or distribution of gas; or
an associate of —
a gas business operator referred to in paragraph (a); or
a person referred to in paragraph (b).
[Section 11ZOV inserted: No. 53 of 2003 s. 15.]
11ZOW. Interpretation of section 11ZOV
In section 11ZOV —
a reference to engaging in conduct is a reference to —
doing or refusing to do any act, including —
refusing to supply a service; or
without reasonable grounds, limiting or disrupting a service;
making, or giving effect to a provision of, a contract or arrangement;
arriving at, or giving effect to a provision of, an understanding; or
requiring the giving of, or giving, a covenant;
a reference to refusing to do an act includes a reference to —
refraining (otherwise than inadvertently) from doing that act;
making it known that that act will not be done.
In section 11ZOV(3)(c) —
associate has the meaning it would have under Part 1.2 Division 2 of the Corporations Act 2001 of the Commonwealth if sections 13, 14, 16(2) and 17 of that Act were repealed.
[Section 11ZOW inserted: No. 53 of 2003 s. 15.]
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