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COMPETITION AND CONSUMER ACT 2010 - SECT 60D Notice to entity that is considered to have engaged in price exploitation in relation to the carbon tax repeal

COMPETITION AND CONSUMER ACT 2010 - SECT 60D

Notice to entity that is considered to have engaged in price exploitation in relation to the carbon tax repeal

  (1)   The Commission may give an entity a written notice under this section if the Commission considers that the entity has engaged in price exploitation in relation to the carbon tax repeal.

  (2)   The notice must:

  (a)   be expressed to be given under this section; and

  (b)   identify:

  (i)   the entity that made the supply; and

  (ii)   the kind of supply made; and

  (iii)   the circumstances in which the supply was made; and

  (c)   state that, in the Commission's opinion, the price for the supply did not pass through all of the entity's cost savings relating to the supply that were directly or indirectly attributable to the carbon tax repeal.

  (3)   In any proceedings:

  (aa)   under section   60CA; or

  (a)   under section   76 for a pecuniary penalty order relating to section   60C; or

  (b)   under section   80 for an injunction relating to section   60C; or

  (c)   under section   80A, 82, 86C, 86D or 87 for an order relating to section   60C;

the notice is prima facie evidence that the price for the supply did not pass through all of the entity's cost savings relating to the supply that were directly or indirectly attributable to the carbon tax repeal.

  (4)   The Commission may vary or revoke the notice on its own initiative or on application made by the entity. The Commission must give the entity written notice of the variation or revocation.

  (5)   A notice under this section is not a legislative instrument.

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