Competition and Consumer Act. Australia
Чтение книги онлайн.
Читать онлайн книгу Competition and Consumer Act - Australia страница 22
Название: Competition and Consumer Act
Автор: Australia
Издательство: Проспект
Жанр: Юриспруденция, право
isbn: 9785392085088
isbn:
(b) an order that the person cease, within a specified period, the act, activity or practice constituting the breach;
(c) an order that the person take such action, or adopt such practice, as the Court requires for remedying the breach or preventing a recurrence of the breach;
(d) an order that the person implement a specified program for compliance with the law;
(e) an order of a kind prescribed by regulations made under this Act.
(3) If a person has engaged, is engaging or is proposing to engage in any conduct in breach of:
(a) a uniform energy law that is applied as a law of the Commonwealth; or
(b) a State/Territory energy law;
the Federal Court may, on application by the AER on behalf of the Commonwealth, grant an injunction:
(c) restraining the person from engaging in the conduct; and
(d) if, in the court’s opinion, it is desirable to do so — requiring the person to do something.
(4) The power of the Federal Court under subsection (3) to grant an injunction restraining a person from engaging in conduct of a particular kind may be exercised:
(a) if the court is satisfied that the person has engaged in conduct of that kind — whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; or
(b) if it appears to the court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind — whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.
44AAGA Federal Court may order disconnection if an event specified in the National Electricity Rules occurs
(1) If a relevant disconnection event occurs, the Federal Court may make an order, on application by the AER on behalf of the Commonwealth, directing that a Registered participant’s loads be disconnected.
(2) In this section:
National Electricity Law means:
(a) the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as in force from time to time; or
(b) that Law as it applies as a law of another State; or
(c) that Law as it applies as a law of a Territory; or
(d) that Law as it applies as a law of the Commonwealth.
National Electricity Rules means:
(a) the National Electricity Rules, as in force from time to time, made under the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia; or
(b) those Rules as they apply as a law of another State; or
(c) those Rules as they apply as a law of a Territory; or
(d) those Rules as they apply as a law of the Commonwealth.
Registered participant has the same meaning as in the National Electricity Law.
relevant disconnection event means an event specified in the National Electricity Rules as being an event for which a Registered participant’s loads may be disconnected, where the event does not constitute a breach of the National Electricity Rules.
44AAH Delegation by the AER
The AER may, by resolution, delegate:
(a) all or any of the AER’s functions and powers under this Part or under regulations made under this Act, or under another law of the Commonwealth; or
(b) all or any of the AER’s functions and powers under a State/Territory energy law;
to an AER member or to an SES employee, or acting SES employee, assisting the AER as mentioned in section 44AAC.
Note 1: Section 17AA of the Acts Interpretation Act 1901 contains the definitions of SES employee and acting SES employee.
Note 2: See also sections 34AA to 34A of the Acts Interpretation Act 1901, which contain extra rules about delegations.
44AAI Fees
(1) The AER may charge a fee specified in the regulations for services provided by it in performing any of its functions, or exercising any of its powers, under this Part or under regulations made under this Act, or under another law of the Commonwealth or a State/Territory energy law.
(2) The fee must not be such as to amount to taxation.
44AAJ Annual report
(1) The AER must, within 60 days after the end of each year ending on 30 June, give the Minister a report on its operations during that year, for presentation to the Parliament.
Note: See also section 34C of the Acts Interpretation Act 1901, which contains extra rules about annual reports.
(2) The Minister must give a copy of the report to the relevant Minister of each of the States, the Australian Capital Territory and the Northern Territory.
44AAK Regulations may deal with transitional matters
(1) The Governor-General may make regulations dealing with matters of a transitional nature relating to the transfer of functions and powers from a body to the AER.
(2) Without limiting subsection (1), the regulations may deal with:
(a) the transfer of any relevant investigations being conducted by the body at the time of the transfer of functions and powers to the AER; or
(b) the transfer of any decisions or determinations being made by the body at the time of the transfer of functions and powers to the AER; or
(c) the substitution of the AER as a party to any relevant proceedings that are pending in any court or tribunal at the time of the transfer of functions and powers to the AER; or
(d) the transfer of any relevant information from the body to the AER.
(3) In this section:
matters of a transitional nature also includes matters of an application or saving nature.
Part IIIA Access to services
Division 1
Preliminary
44AA Objects of Part
The СКАЧАТЬ