Competition and Consumer Act. Australia

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СКАЧАТЬ of South Australia as in force from time to time; and

      (b) any regulations, as in force from time to time, made under Part 4 of that Act.

      The reference in paragraph (a) to 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 includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.

      South Australian Gas Legislation means:

      (a) the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia as in force from time to time; and

      (b) any regulations, as in force from time to time, made under Part 3 of that Act.

      The reference in paragraph (a) to the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.

      State/Territory AER member means an AER member referred to in section 44AP.

      State/Territory energy law means any of the following laws:

      (a) a uniform energy law that applies as a law of a State or Territory;

      (b) a law of a State or Territory that applies a law mentioned in paragraph (a) as a law of its own jurisdiction;

      (c) any other provisions of a law of a State or Territory that:

      (i) relate to energy; and

      (ii) are prescribed by the regulations for the purposes of this paragraph;

      being those provisions as in force from time to time.

      supply, when used as a verb, includes:

      (a) in relation to goods — supply (including re-supply) by way of sale, exchange, lease, hire or hire-purchase; and

      (b) in relation to services — provide, grant or confer;

      and, when used as a noun, has a corresponding meaning, and supplied and supplier have corresponding meanings.

      Telstra has the same meaning as in the Telstra Corporation Act 1991.

      Territory means:

      (a) an internal Territory; or

      (b) the Territory of Christmas Island; or

      (c) the Territory of Cocos (Keeling) Islands.

      the Court or the Federal Court means the Federal Court of Australia.

      the Family Court means the Family Court of Australia.

      this Act includes Schedule 2 to the extent that it is applied under Subdivision A of Division 2 of Part XI.

      trade or commerce means trade or commerce within Australia or between Australia and places outside Australia.

      trading corporation means a trading corporation within the meaning of paragraph 51(xx) of the Constitution.

      Tribunal means the Australian Competition Tribunal, and includes a member of that Tribunal or a Division of that Tribunal performing functions of that Tribunal.

      uniform energy law means:

      (a) the South Australian Electricity Legislation; or

      (b) the South Australian Gas Legislation; or

      (c) the Western Australian Gas Legislation; or

      (d) provisions of a law of a State or Territory that:

      (i) relate to energy; and

      (ii) are prescribed by the regulations for the purposes of this subparagraph;

      being those provisions as in force from time to time.

      Western Australian Gas Legislation means:

      (a) the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) as in force from time to time; and

      (b) any regulations, as in force from time to time, made under Part 3 of that Act.

      The reference in paragraph (a) to the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.

      (2) In this Act:

      (a) a reference to engaging in conduct shall be read as a reference to doing or refusing to do any act, including the making of, or the giving effect to a provision of, a contract or arrangement, the arriving at, or the giving effect to a provision of, an understanding or the requiring of the giving of, or the giving of, a covenant;

      (b) a reference to conduct, when that expression is used as a noun otherwise than as mentioned in paragraph (a), shall be read as a reference to the doing of or the refusing to do any act, including the making of, or the giving effect to a provision of, a contract or arrangement, the arriving at, or the giving effect to a provision of, an understanding or the requiring of the giving of, or the giving of, a covenant;

      (c) a reference to refusing to do an act includes a reference to:

      (i) refraining (otherwise than inadvertently) from doing that act; or

      (ii) making it known that that act will not be done; and

      (d) a reference to a person offering to do an act, or to do an act on a particular condition, includes a reference to the person making it known that the person will accept applications, offers or proposals for the person to do that act or to do that act on that condition, as the case may be.

      (3) Where a provision of this Act is expressed to render a provision of a contract, or to render a covenant, unenforceable if the provision of the contract or the covenant has or is likely to have a particular effect, that provision of this Act applies in relation to the provision of the contract or the covenant at any time when the provision of the contract or the covenant has or is likely to have that effect notwithstanding that:

      (a) at an earlier time the provision of the contract or the covenant did not have that effect or was not regarded as likely to have that effect; or

      (b) the provision of the contract or the covenant will not or may not have that effect at a later time.

      (4) In this Act:

      (a) a reference to the acquisition of shares in the capital of a body corporate shall be construed as a reference to an acquisition, whether alone or jointly with another person, of any legal or equitable interest in such shares; СКАЧАТЬ