COMPETITION AND CONSUMER ACT 2010 - SECT 53ZQ Schemes for avoidance purposes

COMPETITION AND CONSUMER ACT 2010 - SECT 53ZQ

General prohibition

  (1)   A person contravenes this subsection if:

  (a)   the person, either alone or with others, engages in any of the following conduct:

  (i)   enters into a scheme;

  (ii)   begins to carry out a scheme;

  (iii)   carries out a scheme; and

  (b)   having regard to any matters as required under subsection   53ZR(1), it would be reasonable to conclude that the purpose of the person engaging in that conduct was to avoid the application of a civil penalty provision of a gas market instrument.

Note 1:   For enforcement, see section   53ZK and Part   VI.

Note 2:   See section   4F (references to purpose).

Constitutional corporations

  (2)   A constitutional corporation contravenes this subsection if:

  (a)   the corporation, either alone or with other persons, engages in any of the following conduct:

  (i)   enters into a scheme;

  (ii)   begins to carry out a scheme;

  (iii)   carries out a scheme; and

  (b)   having regard to any matters as required under subsection   53ZR(1), it would be reasonable to conclude that the purpose of the corporation engaging in that conduct was to avoid the application of a civil penalty provision of a gas market instrument.

Note:   For enforcement, see section   53ZK and Part   VI.

Constitutional trade and commerce

  (3)   A person contravenes this subsection if:

  (a)   in the course of constitutional trade or commerce, the person, either alone or with others, engages in any of the following conduct:

  (i)   enters into a scheme;

  (ii)   begins to carry out a scheme;

  (iii)   carries out a scheme; and

  (b)   having regard to any matters as required under subsection   53ZR(1), it would be reasonable to conclude that the purpose of the person engaging in that conduct was to avoid the application of a civil penalty provision of a gas market instrument.

Note:   For enforcement, see section   53ZK and Part   VI.

Prohibitions independent of each other

  (4)   To avoid doubt, subsections   (1), (2) and (3) are independent from and do not limit each other.

Note:   However, a person can be ordered to pay a pecuniary penalty under only one of those subsections in relation to the same conduct: see subsection   76(3).