COMPETITION AND CONSUMER ACT 2010 - SECT 53K Application to government entities
COMPETITION AND CONSUMER ACT 2010 - SECT 53K
Application to government entities(1) The gas market provisions apply in relation to an entity covered by subsection (3) or (4):
(a) if the entity is not a person--as if the entity were a person; and
(b) with the modifications (if any) prescribed by the regulations for the purposes of this paragraph.
Note: See also subsection 53ZZA(1), which provides that the gas market provisions apply in relation to gas market conduct only if it is carried out by certain persons, or in certain circumstances.
(2) To avoid doubt, this section does not limit the ability of a gas market instrument to limit the application of:
(b) a provision of the instrument; or
(c) a rule included in the instrument;
in relation to an entity covered by subsection (3) or (4).
Commonwealth government entities
(3) This subsection covers an entity that:
(a) is part of the Commonwealth; or
(b) is a Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013 ); or
(c) is a body (whether or not incorporated) established for a public purpose by or under a law of the Commonwealth; or
(i) holding or performing the duties of an office established by or under a law of the Commonwealth; or
(ii) holding an appointment made under a law of the Commonwealth; or
(e) is prescribed by the regulations for the purposes of this paragraph.
State or Territory government entities
(4) This subsection covers an entity that:
(a) is part of a State or Territory; or
(b) is a body (whether or not incorporated) established for a public purpose by or under a law of a State or Territory; or
(i) holding or performing the duties of an office established by or under a law of a State or Territory; or
(ii) holding an appointment made under a law of a State or Territory; or
(d) is prescribed by the regulations for the purposes of this
paragraph.