Competition and Consumer Act. Australia
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Название: Competition and Consumer Act
Автор: Australia
Издательство: Проспект
Жанр: Юриспруденция, право
isbn: 9785392085088
isbn:
to assist the AER to perform its functions.
Subdivision C
Meetings of the AER etc.
44AAD Meetings
(1) The AER Chair must convene such meetings of the AER as he or she thinks necessary for the efficient performance of the functions of the AER.
Note: See also section 33B of the Acts Interpretation Act 1901, which contains extra rules about meetings by telephone etc.
(2) Meetings of the AER must be held at such places as the AER Chair determines.
(3) At a meeting of the AER, 2 members constitute a quorum. The quorum must include the AER Chair and must also include the Commonwealth AER member (if the Commonwealth AER member is not also the AER Chair).
(4) Questions arising at a meeting must be determined by unanimous vote of the members present and voting.
(5) The AER Chair must preside at all meetings of the AER.
(6) The AER Chair may give directions regarding the procedure to be followed at or in connection with a meeting.
44AAE Resolutions without meetings
(1) If all 3 AER members sign a document containing a statement that they are in favour of a resolution in terms set out in the document, then a resolution in those terms is taken to have been passed at a duly constituted meeting of the AER held on the day the document was signed, or, if the members sign the document on different days, on the last of those days.
(2) For the purposes of subsection (1), 2 or more separate documents containing statements in identical terms each of which is signed by one or more members are together taken to constitute one document containing a statement in those terms signed by those members on the respective days on which they signed the separate documents.
(3) A member must not sign a document containing a statement in favour of a resolution if the resolution concerns a matter in which the member has any direct or indirect interest, being an interest that could conflict with the proper performance of the member’s functions in relation to any matter.
44AAEA Arbitration
(1) Sections 44AAD and 44AAE do not apply to the AER as constituted for an arbitration under:
(a) the National Electricity (Commonwealth) Law (as defined by the Australian Energy Market Act 2004); or
(b) the National Gas (Commonwealth) Law (as defined by the Australian Energy Market Act 2004); or
(c) a provision of a State/Territory energy law.
(2) The reference in subsection (1) to an arbitration includes a reference to each of the following:
(a) the making, variation or revocation of an access determination (within the meaning of the law concerned);
(b) the performance of a function, or the exercise of a power, in connection with the making, variation or revocation of an access determination (within the meaning of the law concerned).
Subdivision D
Miscellaneous
44AAF Confidentiality
(1) The AER must take all reasonable measures to protect from unauthorised use or disclosure information:
(a) given to it in confidence in, or in connection with, the performance of its functions or the exercise of its powers; or
(b) that is obtained by compulsion in the exercise of its powers.
Note: The Privacy Act 1988 also contains provisions relevant to the use and disclosure of information.
(2) For the purposes of subsection (1), the disclosure of information as required or permitted by a law of the Commonwealth, a State or Territory, is taken to be authorised use and disclosure of the information.
Authorised use
(3) Disclosing information to one of the following is authorised use and disclosure of the information:
(a) the Commission;
(b) the AEMC;
(c) Australian Energy Market Operator Limited (ACN 072 010 327);
(d) any staff or consultant assisting a body mentioned in paragraph (a), (b) or (c) in performing its functions or exercising its powers;
(e) any other person or body prescribed by the regulations for the purpose of this paragraph.
(4) A person or body to whom information is disclosed under subsection (3) may use the information for any purpose connected with the performance of the functions, or the exercise of the powers, of the person or body.
(5) The AER may impose conditions to be complied with in relation to information disclosed under subsection (3).
(6) For the purposes of subsection (1), the use or disclosure of information by a person for the purposes of:
(a) performing the person’s functions, or exercising the person’s powers, as:
(i) an AER member, a person referred to in section 44AAC or a delegate of the AER; or
(ii) a person who is authorised to perform or exercise a function or power of, or on behalf of, the AER; or
(b) the performance of functions, or the exercise of powers, by the person by way of assisting a delegate of the AER;
is taken to be authorised use and disclosure of the information.
(7) Regulations made for the purposes of this section may specify uses of information and disclosures of information that are authorised uses and authorised disclosures for the purposes of this section.
(8) Nothing in any of the above subsections limits:
(a) anything else in any of those subsections; or
(b) what may otherwise constitute, for the purposes of subsection (1), authorised use or disclosure of information.
44AAG Federal Court may make certain orders
(1) The Federal Court may make an order, on application by the AER on behalf of the Commonwealth, declaring that a person is in breach of:
(a) a uniform energy law that is applied as a law of the Commonwealth; or
(b) a State/Territory energy law.
(2) If the order declares the person to be in breach of such a law, the order may include one or more of the following:
(a) an order that the person pay a civil penalty determined in accordance СКАЧАТЬ