2 (1) This Act commences on a day fixed by the Minister by notice in the Gazette.
3 (1) In this Act, unless the contrary intention appears—“acceptable percentage” means +2% or -3%; “apparatus” includes any installation or appliance; “authorisation” means an authorisation to reticulate gas granted under section 36; “authorised distributor” means a person authorised to reticulate gas under section 36; “Authority” means the Gas Authority established by section 7; “business day” means a day other than—
4 (1) For the purposes of this Act, a person reticulates gas if the person—
9 (1) The Minister may, in writing, direct the Authority to investigate any matter relevant to the functions of the Authority and report its findings to the Minister.
10 (1) The Authority may require an authorised distributor—
11 The Authority has power to do all things necessary or convenient to be done in connection with the performance of its functions.
12 The Authority shall furnish to the Minister for presentation to the Legislative Assembly a report relating to the activities of the Authority during each financial year.
14 (1) A member holds office for the period (not exceeding 5 years) specified in the instrument of appointment.
15 (1) A member shall be paid such remuneration and allowances as are prescribed.
16 The Minister may grant a member leave of absence on such terms and conditions as to remuneration and otherwise as the Minister determines.
17 (1) A member may resign the office of member or Chairperson by writing signed by the member and delivered to the Minister.
18 (1) The Minister may, by instrument, appoint a person to be the deputy of a member.
19 (1) The Minister may terminate the appointment of a member or deputy of a member because of the misbehaviour or physical or mental incapacity of the member or deputy.
23 For the purposes of section 21 and 22, a member is not to be taken to have a pecuniary interest in a matter because the member is a consumer.
PART III--REVIEW PANELS
24 In this Part, unless the contrary intention appears—“Chairperson” means a member appointed under paragraph 27 (1) (a); “member” means a member of a Review Panel and includes the Chairperson.
25 The Minister may, by instrument, establish a Review Panel to conduct an investigation and make recommendations for the purposes of section 39.
26 A Review Panel has power to do all things necessary and convenient to be done in connection with the conduct of its investigation.
31 (1) The Minister may terminate the appointment of a member or deputy of a member because of the misbehaviour or physical or mental incapacity of the member or deputy.
33 The amounts referred to in subsection 30 (1) and any other reasonable costs of and incidental to a Review Panel's investigation incurred by the Territory (other than the costs of the representation of the Territory) are recoverable as debts due to the Territory by the authorised distributor whose authorisation is the subject of the investigation.
PART IV--AUTHORISATION TO RETICULATE GAS
34 A person shall not reticulate gas except under an authorisation granted to the person.
35 (1) An application for an authorisation shall be in a form approved by the Minister.
36 (1) The Minister shall, on receipt of an application, by instrument—
37 (1) An authorisation to reticulate gas to tariff customers shall be subject to a condition relating to the price that may be charged for gas supplied to those customers.
38 (1) The kinds of conditions to which an authorisation may be subject include, but are not limited to, the following:
39 (1) An authorised distributor or the Authority may, by notice in writing, propose that the authorisation be amended by varying, removing or adding 1 or more conditions.
40 (1) Notwithstanding section 39, the Minister may, by instrument, amend an authorisation by varying, removing or adding a condition of a kind referred to in paragraph 38 (1) (m).
41 (1) The Minister may, by instrument, revoke an authorisation—
42 (1) An authorised distributor may, by notice in writing given to the Minister, apply for consent to surrender the authorisation.
PART V--ENERGY RESEARCH AND DEVELOPMENT LEVY
43 An authorised distributor is liable to pay to the Territory levy in accordance with this Part.
44 (1) The levy payable by an authorised distributor is an amount equal to the determined percentage of the gross revenue derived by the authorised distributor from the sale of gas, disregarding revenue from—
48 Levy due and payable under this Part is a debt due to the Territory from the person liable to pay the levy.
49 The following amounts shall be paid into the Energy Research and Development Trust Account established under subsection 85 (2) of the Audit Act 1989:
50 Moneys standing to the credit of the Energy Research and Development Trust Account may not be expended under subsection 85 (10) of the Audit Act 1989 unless all authorised distributors have been consulted about the expenditure.
PART VI--GAS TECHNICAL CONTROLLER AND INSPECTORS
51 (1) The Minister may appoint a public servant to be the Gas Technical Controller.
53 (1) The Minister may appoint a public servant to act as the Controller—
54 The Controller has power to do all things necessary or convenient to be done in connection with the performance of his or her functions.
55 The Controller may, by instrument, delegate the performance or exercise of any of his or her functions or powers under this Act to an inspector.
56 The Controller may, by instrument, appoint persons to be inspectors for the purposes of this Act.
57 (1) The Controller shall cause to be issued to each inspector an identity card that specifies the name and appointment of the inspector and bears a recent photograph of the inspector.
58 A person shall not, without reasonable excuse, obstruct or hinder the Controller or an inspector in the performance or exercise of a function or power under this Act.
59 (1) Where a gas reticulation system does not comply with this Act or the Manual, the Controller may serve on the authorised distributor notice in writing requiring the distributor—
60 (1) The Controller may, by notice in writing served on an authorised distributor, require the distributor to—
61 (1) The Controller may, by notice in writing served on an authorised distributor, require the distributor to cease reticulating gas to premises if any pipe, fitting or apparatus used in connection with the supply or consumption of gas on the premises does not comply with the Manual.
62 (1) Subject to subsection (3), the Controller may take any action in relation to a gas reticulation system that he or she considers on reasonable grounds to be necessary to protect any person from injury or any property from damage.
63 (1) An inspector may inspect a gas reticulation system and, for the purpose of making an inspection, uncover any part of the system that is laid in the ground.
65 (1) For the purpose of determining whether a gas reticulation system complies with, or is being operated in accordance with, this Act and the Manual, the Controller or an inspector may—
66 (1) For the purposes of this Division, a thing shall be taken to be connected with an offence—
67 (1) An inspector may enter commercial premises during normal business hours if the inspector has reasonable grounds for believing that—
68 (1) Before seeking the consent of the occupier of premises for the purposes of subsection 67 (2), an inspector shall inform the occupier that he or she may refuse to give that consent.
69 (1) Where an information on oath is laid before a magistrate alleging that an inspector has reasonable grounds for suspecting that there may be, on any premises—
PART VII--GAS MANUAL
70 (1) The Minister shall prepare and maintain a manual called the Gas Manual.
71 The Minister shall publish in the Gazette and in a daily newspaper circulating in the Territory notice of the preparation of the Manual and each amendment.
72 The Manual and each amendment of the Manual is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989.
73 (1) The Controller shall keep a copy of the Manual at his or her office at all times.
74 (1) An authorised distributor shall not reticulate gas that has a heating value that is outside the range of heating values prescribed by the Manual.
75 In any proceedings before a court, evidence of the Manual as in force on a specified day or during a specified period may be given by the production of a book purporting to be a copy of the Manual and purporting to bear a certificate signed by the Controller stating that the book is a true copy of the Manual as in force on that day or during that period.
PART VIII--CONSTRUCTION AND MAINTENANCE OF WORKS
76 (1) Gas system construction is a controlled activity for the purposes of Schedule 4 to the Land Act.
77 (1) For the purpose of ascertaining the suitability of any land that is being considered as the site of a gas reticulation system, an authorised distributor may—
78 (1) Subject to this section and any other law of the Territory, an authorised distributor may—
79 (1) Where vegetation on any land causes damage to, or is likely to cause damage to, a gas reticulation system, the authorised distributor may, by notice in writing, request the owner or occupier to clear the vegetation—
80 (1) In exercising a power conferred on him or her by or under this Act—
81 (1) An authorised distributor shall not excavate ground in an area where any underground part of a water, sewerage, stormwater, electricity or telecommunications system is situated unless the authorised distributor has—
82 (1) An authorised distributor shall, as soon as practicable after completing work on land owned by another person, remove from that land—
83 An authorised distributor shall keep a gas reticulation system in good condition and repair.
84 (1) An authorised distributor shall keep at its principal office in the Territory full particulars of, and complete plans showing, each gas reticulation system.
PART IX--SUPPLY AND CONSUMPTION OF GAS
85 (1) The owner of land or premises that have a boundary or wall not more than 30 metres from an appropriate gas main may, by notice in writing given to an authorised distributor, require the distributor to connect the land or premises to a gas reticulation system.
86 (1) The occupier of land or premises that are connected to a gas reticulation system may, by notice in writing given to an authorised distributor, require the distributor to supply gas to the land or premises.
87 (1) An authorised distributor shall not reticulate gas to another person unless the gas supplied is metered through a meter supplied and installed by the authorised distributor.
88 An authorised distributor shall not, without reasonable excuse, supply or install a meter for measuring the quantity of gas supplied to a consumer unless the meter complies with the Manual.
89 A person who installs, repairs, maintains or replaces a pipe, fitting or apparatus that is, or is to be, connected to a gas reticulation system shall, when performing that work, comply with—
92 (1) If a meter tested under section 90 or 91 is found—
PART X--GASFITTING
93 In this Part—“advanced gasfitter's licence” means an advanced gasfitter's licence issued under section 25 of the Plumbers, Drainers and Gasfitters Board Act 1982; “advanced gasfitting work” means—
94 A person shall not carry out gasfitting work unless the person holds—
95 A person shall not carry out advanced gasfitting work unless the person holds—
PART XI--INTERFERENCE WITH GAS RETICULATION SYSTEMS
96 A person shall not connect a pipe, fitting or apparatus to a gas reticulation system without the consent of the authorised distributor.
97 (1) A person shall not knowingly or recklessly break up ground to expose a gas reticulation system.
98 A person shall not knowingly or recklessly excavate ground in an area where any underground part of a gas reticulation system is situated unless the person has—
99 (1) A person shall not intentionally interfere with or damage—
100 A person shall not, without reasonable excuse—
102 An authorised distributor shall, on or before 31 March in each year, give the Controller a report, in the form prescribed by the Manual, in respect of leakages of gas from any gas reticulation system that occurred in the previous calendar year.
103 (1) Where an explosion or fire connected with a gas reticulation system, causes—
104 (1) A person shall not erect, construct or place any building, wall, fence or other structure over or adjacent to a gas reticulation system so as to damage, or interfere with access to, the system.
105 (1) Subject to this Act and the Manual, an authorised distributor has an exclusive right to deal with—
106 (1) A meter installed by an authorised distributor to measure the quantity of gas supplied to a consumer shall not be subject to distress for rent, nor be attached or taken in execution under any process of any court or under any sequestration or other legal proceedings against, or affecting, the consumer or the owner or occupier of the premises on which the meter is installed or any other person in whose possession or care the meter may be.
