Competition and Consumer Act. Australia
D
Miscellaneous
44AAF Confidentiality
(1) The AER must take all reasonable measures to protect from unauthorised use or disclosure information:
(a) given to it in confidence in, or in connection with, the performance of its functions or the exercise of its powers; or
(b) that is obtained by compulsion in the exercise of its powers.
Note: The Privacy Act 1988 also contains provisions relevant to the use and disclosure of information.
(2) For the purposes of subsection (1), the disclosure of information as required or permitted by a law of the Commonwealth, a State or Territory, is taken to be authorised use and disclosure of the information.
Authorised use
(3) Disclosing information to one of the following is authorised use and disclosure of the information:
(a) the Commission;
(b) the AEMC;
(c) Australian Energy Market Operator Limited (ACN 072 010 327);
(d) any staff or consultant assisting a body mentioned in paragraph (a), (b) or (c) in performing its functions or exercising its powers;
(e) any other person or body prescribed by the regulations for the purpose of this paragraph.
(4) A person or body to whom information is disclosed under subsection (3) may use the information for any purpose connected with the performance of the functions, or the exercise of the powers, of the person or body.
(5) The AER may impose conditions to be complied with in relation to information disclosed under subsection (3).
(6) For the purposes of subsection (1), the use or disclosure of information by a person for the purposes of:
(a) performing the person’s functions, or exercising the person’s powers, as:
(i) an AER member, a person referred to in section 44AAC or a delegate of the AER; or
(ii) a person who is authorised to perform or exercise a function or power of, or on behalf of, the AER; or
(b) the performance of functions, or the exercise of powers, by the person by way of assisting a delegate of the AER;
is taken to be authorised use and disclosure of the information.
(7) Regulations made for the purposes of this section may specify uses of information and disclosures of information that are authorised uses and authorised disclosures for the purposes of this section.
(8) Nothing in any of the above subsections limits:
(a) anything else in any of those subsections; or
(b) what may otherwise constitute, for the purposes of subsection (1), authorised use or disclosure of information.
44AAG Federal Court may make certain orders
(1) The Federal Court may make an order, on application by the AER on behalf of the Commonwealth, declaring that a person is in breach of:
(a) a uniform energy law that is applied as a law of the Commonwealth; or
(b) a State/Territory energy law.
(2) If the order declares the person to be in breach of such a law, the order may include one or more of the following:
(a) an order that the person pay a civil penalty determined in accordance with the law;
(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