Conditions for making contracting order
The Treasurer may make an order under section 153X in respect of a body corporate if the Treasurer is satisfied that the following conditions are met: (a) the Commission has given the Treasurer a prohibited conduct recommendation under section 153S; (b) the body corporate is identified in the recommendation (in accordance with subparagraph 153S(2)(c)(i) or (iii)); (c) the order is made no later than 45 days after: (i) unless subparagraph (ii) applies—the day on which the Commission gave the Treasurer the recommendation; or (ii) if there has been a variation of the recommendation under section 153T—the day on which the Commission made the variation; (d) the order is of a kind stated in the recommendation (in accordance with paragraph 153S(2)(d)); (e) the conduct identified in the recommendation (in accordance with subparagraph 153S(2)(c)(ii)): (i) is prohibited conduct engaged in by the corporation identified in the recommendation (in accordance with subparagraph 153S(2)(c)(i)) (the relevant corporation); and (ii) is, or includes, prohibited conduct under section 153F (electricity financial contract liquidity) or section 153H (electricity spot market (aggravated case)); (f) the order is a proportionate means of preventing the relevant corporation, or any related body corporate, from engaging in that kind of prohibited conduct in the future; (g) any of the following generate electricity: (i) the body corporate; (ii) another body corporate that is related to the body corporate.
Sourced from the Federal Register of Legislation at 22 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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