Document ID: chunk:federal_register_of_legislation:C2025C00189:section:153w
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 153W
Character Range: 2064836–2066398

153W  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.