Australian Capital Territory Repealed Acts

This legislation has been repealed.

GAS ACT 1992 - SECT 92

92. (1) If a meter tested under section 90 or 91 is found—

(a)     to register the flow of gas inaccurately; or

(b)     not to register the flow of gas;

the meter shall, for the purposes of this section, be taken—

(c)     to have become inaccurate to the extent that it was found to be inaccurate during the test; or

(d)     to have ceased to register the flow of gas;

as the case requires, immediately after the meter was read at the beginning of the previous metered period.

(2) Where a meter tested under section 90 or 91 is found to register the flow of gas inaccurately to the extent of a certain percentage, the authorised distributor who reticulates gas through the meter shall estimate the amount of gas supplied to a consumer during the relevant period by decreasing or increasing (as the case requires) the amount of gas registered by the meter as having flowed through it during the relevant period (in this subsection called the “registered amount”) by an amount equal to that percentage of the registered amount.

(3) Where a meter tested under section 90 or 91 is found not to register the flow of gas, the authorised distributor who reticulates gas through the meter shall estimate the amount of gas supplied to a consumer during the relevant period—

(a)     if the consumer was supplied with gas by the authorised distributor during the period in the previous year corresponding to the relevant period—by reference to the amount of gas supplied to the consumer in that corresponding period;

(b)     if the consumer was not supplied with gas by the authorised distributor in that corresponding period but was supplied with gas during the previous metered period—by reference to the amount of gas supplied to the consumer in the previous metered period; or

(c)     if the consumer was not supplied with gas during that preceding period or month—by any method agreed on by the consumer and the authorised distributor.

(4) On estimating the amount of gas supplied to a consumer during the relevant period under subsection (2) or (3), the authorised distributor shall send the consumer a revised account of the amount payable by the consumer in respect of the gas supplied showing—

(a)     the method by which the amount was calculated; and

(b)     any credit due to the consumer, or any amount payable by the consumer, as a consequence of the adjustment of the account.

(5) A revised account given to a consumer shall be accompanied by a notice to the effect that the account is a revised account.

(6) An authorised distributor shall not send a revised account to a consumer in respect of a period that exceeds twice the number of days in the period in respect of which the authorised distributor ordinarily renders accounts to that consumer unless—

        (a)     the consumer; or

        (b)     by notice in writing given to the authorised distributor and the consumer, the Controller;

has agreed to the authorised distributor sending a revised account in respect of a specified period that exceeds that number of days.

(7) The Controller shall not agree to an authorised distributor sending a revised account under subsection (6) unless satisfied that it is reasonable for the authorised distributor to do so.

(8) An authorised distributor shall not send to a consumer a revised account for gas supplied to the consumer—

(a)     unless the meter through which the authorised distributor supplied the gas has been tested under section 90 or 91 and has been found to register the flow of gas inaccurately or to have ceased to register the flow of gas; and

(b)     except in accordance with this section.

Penalty: $5,000.

(9) In this section—