Australian Capital Territory Repealed Acts

This legislation has been repealed.

GAS ACT 1992 - SECT 41

41. (1) The Minister may, by instrument, revoke an authorisation—

(a)     if—

              (i)     the authorisation has been in effect for a period of not less than 10 years; and

              (ii)     the Minister has given the authorised distributor not less than 10 years notice of his or her intention to do so; or

(b)     if the authorised distributor—

              (i)     consents to the revocation;

              (ii)     is declared bankrupt;

              (iii)     fails to comply with a condition of the authorisation;

              (iv)     contravenes this Act or the Manual; or

              (v)     fails to pay an amount under the Gas Levy Act 1991 on or before the last day on which the amount is required to be paid under that Act.

(2) The Minister shall not revoke an authorisation on a ground specified in paragraph (1) (b) unless—

(a)     the Minister has given the authorised distributor not less than 30 days written notice of the proposed revocation;

(b)     the notice specifies—

              (i)     the ground on which the Minister proposes to revoke the authorisation; and

              (ii)     a day (being not less than 7 and not more than 14 days after the day of service of the notice) on or before which the authorised distributor may submit to the Minister in writing any matters that the authorised distributor wishes to be considered in relation to the proposed revocation;

(c)     the Minister has caused to be published in a daily newspaper circulating in the Territory notice of the proposal to revoke the authorisation on the ground specified in the notice referred to in paragraph (a) and has, in the notice in the newspaper, specified a day (being not less than 7 and not more than 14 days after the day of publication of the notice) on or before which any person having an interest in land in the Territory may submit to the Minister in writing any matters that the person wishes to be considered in relation to the proposed revocation; and

(d)     the Minister has taken into account—

              (i)     any action taken by the authorised distributor to remove the ground specified in the notice referred to in paragraph (a) or to prevent the recurrence of that ground or similar grounds;

              (ii)     any matters submitted in writing to the Minister by the authorised distributor or a person served under subsection (4) on or before the day specified in the notice referred to in paragraph (a);

              (iii)     any matters submitted in writing to the Minister by a person having an interest in any land in the Territory on or before the day specified in the notice in the newspaper referred to in paragraph (c); and

              (iv)     any recommendation of the Authority.

(3) The Minister shall not give an authorised distributor notice that he or she proposes to revoke the authorisation on the ground specified in subparagraph (1) (b) (iii) or (iv) unless—

(a)     the Authority has given the authorised distributor written notice requesting the distributor to—

              (i)     rectify the failure; or

              (ii)     comply with this Act or the Manual;

as the case may be, within such reasonable time (being not less than 30 days) as is specified in the notice;

(b)     the authorised distributor has failed to comply with the notice; and

(c)     the Authority recommends that the authorisation be revoked on that ground.

(4) The Minister may cause a copy of the notice referred to in paragraph (2) (a) to be served on any other person.

(5) If the Minister revokes an authorisation under paragraph (1) (a), such compensation as the Minister determines is payable to the person whose authorisation was revoked.

(6) An instrument under subsection (1) is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989 .