Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
(1) An authorised supplier may, by notice in writing given to an authorised distributor, require the distributor to deliver gas to premises.
(2) A notice under subsection (1) shall specify—
(a) the address of the premises;
(b) the name of the occupier of the premises and, if different from the address of the premises, the postal address of the occupier; and
(c) the date on which the delivery is to commence, being on the earliest practicable day or on a later day.
(3) An authorised distributor shall begin to deliver gas to the premises on the earliest practicable day after receiving the notice or on such later day as is specified in the notice.
Penalty:
(a) if the offender is a natural person—10 penalty units;
(b) if the offender is a body corporate—50 penalty units.
(4) An authorised distributor who has begun to deliver gas to premises in accordance with subsection (2) shall continue to deliver gas to the premises.
Penalty:
(a) if the offender is a natural person—50 penalty units;
(b) if the offender is a body corporate—250 penalty units.
(5) It is a defence to a prosecution under subsection (3) or (4) to show that—
(a) the distributor believed, on reasonable grounds, that—
(i) the delivery or continued delivery (as the case may be) of gas to the premises was, or would have been, dangerous to human life or health, or to property;
(ii) a gas installation to which the gas was supplied, or was to be supplied, was not installed, connected or operated in accordance with any relevant requirement of this Act; or
(iii) any gas appliance connected to such a gas appliance was not installed, connected or operated in accordance with any such requirement;
(b) at all material times, the distributor had not been paid an amount for the connection of gas to the premises that is due and payable to the distributor;
(c) delivery or continued delivery (as the case may be) of gas to the premises would have contravened a provision of this Act or another law of the Territory;
(d) the distributor acted in accordance with an instruction or request from the occupier of the premises or from the authorised supplier that requested the gas to be supplied to the premises;
(e) there was no agreement between the distributor and the supplier, at the time when the distributor received the notice under subsection (1), for the distributor to transport gas for the supplier;
(f) the distributor had ceased, at the time when the distributor received the notice under subsection (1), to be an authorised distributor; or
(g) the refusal or discontinuance was due to circumstances beyond the control of the distributor.
(6) Where an authorised distributor discontinues the delivery of gas to premises, the authorised distributor shall isolate the gas installation.
Penalty:
(a) if the offender is a natural person—30 penalty units;
(b) if the offender is a body corporate—150 penalty units.
(7) Where an authorised distributor—
(a) fails to deliver gas to premises after receiving a request in writing to do so from the authorised supplier that requested the gas to be supplied to the premises; or
(b) discontinues the delivery of gas to premises;
the authorised distributor shall, within 14 days after the day when the distributor received the request or discontinued such delivery, as the case may be, give notice in writing, specifying the reason for the failure or discontinuance, to each of the following persons:
(c) the occupier of the premises;
(d) the authorised supplier;
(e) the Gas Technical Regulator.
(8) An authorised distributor shall not, without reasonable excuse, fail to comply with subsection (7).
Penalty for contravention of subsection (8):
(a) if the offender is a natural person—10 penalty units;
(b) if the offender is a body corporate—50 penalty units.