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s 11ZOV

Conduct preventing or hindering operation

In force
Part 2BGas supply: retail market schemes
Division 4Enforcement
Subdivision 3Prohibition of certain conduct in relation to a retail market scheme

11ZOV Conduct preventing or hindering operation

(1)

A person to whom this section applies must not engage in conduct (the prohibited conduct) for the purpose of —

(a)

preventing or hindering;

(b)

attempting to prevent or hinder; or

(c)

conspiring with others to prevent or hinder,

the operation of a retail market scheme in accordance with section 11ZOB.

(2)

A person to whom this section applies must not —

(a)

aid, abet, counsel or procure a person to engage in the prohibited conduct;

(b)

induce, or attempt to induce, a person, whether by threats or promises or otherwise, to engage in the prohibited conduct; or

(c)

be in any way, directly or indirectly, knowingly concerned in, or party to, the engagement of a person in the prohibited conduct.

(3)

This section applies to —

(a)

a gas business operator in relation to the retail market scheme concerned;

(b)

a person who is party to an agreement with such a gas business operator relating to the supply or distribution of gas; or

(c)

an associate of —

(i)

a gas business operator referred to in paragraph (a); or

(ii)

a person referred to in paragraph (b).

[Section 11ZOV inserted: No. 53 of 2003 s. 15.]

11ZOW. Interpretation of section 11ZOV

(1)

In section 11ZOV —

(a)

a reference to engaging in conduct is a reference to —

(i)

doing or refusing to do any act, including —

(I)

refusing to supply a service; or

(II)

without reasonable grounds, limiting or disrupting a service;

(ii)

making, or giving effect to a provision of, a contract or arrangement;

(iii)

arriving at, or giving effect to a provision of, an understanding; or

(iv)

requiring the giving of, or giving, a covenant;

(b)

a reference to refusing to do an act includes a reference to —

(i)

refraining (otherwise than inadvertently) from doing that act;

(ii)

making it known that that act will not be done.

(2)

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Part 1.2 Division 2 of the Corporations Act 2001 of the Commonwealth if sections 13, 14, 16(2) and 17 of that Act were repealed.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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