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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
GAS SUPPLY BILL 2003
Queensland
GAS SUPPLY BILL 2003
TABLE OF PROVISIONS
Section Page
CHAPTER 1--PRELIMINARY
PART 1--INTRODUCTION
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
PART 2--PURPOSE AND APPLICATION OF ACT
3 Main purposes of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
4 Gas-related matters to which Act does not apply . . . . . . . . . . . . . . . . . . . . . 21
5 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
6 Act does not affect other rights or remedies . . . . . . . . . . . . . . . . . . . . . . . . . 22
PART 3--INTERPRETATION
Division 1--Dictionary
7 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Division 2--Key definitions
Subdivision 1--The regulator
8 Who is the "regulator". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Subdivision 2--Fuel gas and types of fuel gas
9 What is "fuel gas" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
10 What is "LPG". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
11 What is "processed natural gas" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Subdivision 3--Pipelines and pipeline systems
12 What is a "transmission pipeline" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
13 What is a "distribution pipeline" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
14 What is a "distribution system". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
15 When fuel gas is "reticulated". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
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Subdivision 4--Customers
16 Who is a "customer" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
17 "Contestable customers" and "non-contestable customers" . . . . . . . . . . . . . 24
18 Who is a "protected customer" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Subdivision 5--Customer connection and retail services
19 What are "customer connection services". . . . . . . . . . . . . . . . . . . . . . . . . . . 25
20 What are "customer retail services" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Subdivision 6--Distribution authorities and distributors
21 What is a "distribution authority" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
22 Who is a "distributor" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
23 Types of distribution authority and their distributors . . . . . . . . . . . . . . . . . . 26
Subdivision 7--Retail authorities and retailers
24 What is a "retail authority" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
25 Who is a "retailer". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
26 Types of retail authority and their retailers . . . . . . . . . . . . . . . . . . . . . . . . . . 28
CHAPTER 2--FUEL GAS DISTRIBUTION
PART 1--DISTRIBUTION AUTHORITIES
Division 1--Applying for and obtaining distribution authority
Subdivision 1--Application
27 Who may apply for distribution authority . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
28 Requirements for application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
29 Public notice by regulator and submissions . . . . . . . . . . . . . . . . . . . . . . . . . 30
30 Competitive tender process for greenfield distribution authority . . . . . . . . . 31
31 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
32 Criteria for deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
33 Additional criteria for greenfield distribution authority application . . . . . . . 32
34 Term of authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Subdivision 2--Steps after deciding application
35 Notice of decision to grant application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
36 Lapsing of application if conditions not accepted. . . . . . . . . . . . . . . . . . . . . 33
37 Issue and public notice of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
38 Information notice about refusal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
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Gas Supply Bill 2003
Division 2--Distribution authority conditions
39 Operation of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
40 General conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
41 Ring fencing requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
42 Obligation to operate and maintain distribution pipes . . . . . . . . . . . . . . . . . 35
43 Restriction for area distributors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
44 Exclusive rights must not be contravened . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
45 Additional condition for greenfield distribution authority . . . . . . . . . . . . . . 36
46 Standard for distribution pipes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
47 Inquiry practices and procedures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
48 Contingency practices and procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
49 Compliance with contingency supply plan requirements . . . . . . . . . . . . . . . 38
50 Participation in retailer of last resort scheme . . . . . . . . . . . . . . . . . . . . . . . . 38
51 Conditions imposed under a regulation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Division 3--Amendment, cancellation and suspension of
distribution authority
Subdivision 1--Amendment by regulator
52 Amendments for which proposed action notice is not required . . . . . . . . . . 38
53 Amendments for which proposed action notice is required . . . . . . . . . . . . . 39
54 Imposed condition can not be amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Subdivision 2--Amendment by application
55 Applying for amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
56 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Subdivision 3--Amendment, cancellation or suspension by regulator
57 Conditions for amendment, cancellation or suspension . . . . . . . . . . . . . . . . 40
Subdivision 4--Procedure for immediate suspension
58 Immediate suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Subdivision 5--Procedure for amendment, cancellation or suspension
other than immediate suspension
59 Application of sdiv 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
60 Notice of proposed action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
61 Considering submissions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
62 Decision on proposed action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
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Gas Supply Bill 2003
63 Notice and taking of effect of proposed action decision . . . . . . . . . . . . . . . . 43
Division 4--Dealings with distribution authority
Subdivision 1--Renewals
64 Applying for renewal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
65 Deciding renewal application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
66 Continuing effect of authority for renewal application . . . . . . . . . . . . . . . . 44
Subdivision 2--Transfers
67 Transfer only by application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
68 Applying for transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
69 Deciding transfer application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Subdivision 3--Mortgages
70 Mortgage of distribution authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
71 Notice of intention to exercise powers under mortgage . . . . . . . . . . . . . . . . 46
72 Consequence of exercising powers under mortgage . . . . . . . . . . . . . . . . . . . 46
Subdivision 4--Surrenders
73 Surrenders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Division 5--Service quality standards
74 Standards about quality of customer connection services. . . . . . . . . . . . . . . 47
PART 2--GAS INFRASTRUCTURE
Division 1--Preliminary
75 What is "gas infrastructure" and "gas infrastructure work" . . . . . . . . . . . . . 47
76 What is a "public entity" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
77 "Publicly controlled places" and their public entities . . . . . . . . . . . . . . . . . . 48
Division 2--Carrying out gas infrastructure work on publicly
controlled places
Subdivision 1--When work may be carried out
78 Right to carry out work on publicly controlled place . . . . . . . . . . . . . . . . . . 49
79 Requirements for carrying out work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
80 Obtaining public entity's approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
81 Conditions of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Subdivision 2--Obligations in carrying out work
82 Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
83 Guarding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
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84 Warning signs on roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
85 General obligations in carrying out work . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
86 Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Subdivision 3--Work directions
87 Power to give work direction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
88 Compliance with work direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
89 Costs of carrying out directed work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Division 3--Public entity work
90 Application of div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
91 Requirement to consult if gas infrastructure affected . . . . . . . . . . . . . . . . . . 53
92 Power to require consequential work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
93 Compliance with consequential work requirement . . . . . . . . . . . . . . . . . . . . 54
94 Costs of carrying out required consequential work. . . . . . . . . . . . . . . . . . . . 54
Division 4--Gas infrastructure interfering with publicly controlled place
95 Application of div 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
96 Remedial action by public entity in emergency . . . . . . . . . . . . . . . . . . . . . . 55
97 Power to require remedial action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
98 Compliance with remedial action requirement . . . . . . . . . . . . . . . . . . . . . . . 55
99 Costs of taking required remedial action. . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Division 5--Miscellaneous provisions
100 Ownership of gas infrastructure that becomes part of land. . . . . . . . . . . . . . 55
101 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
PART 3--CUSTOMER CONNECTION SERVICES
Division 1--Preliminary
102 Application of pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Division 2--Applying for and obtaining customer connection services
Subdivision 1--Applying for customer connection services
103 Who may apply for customer connection services . . . . . . . . . . . . . . . . . . . . 57
104 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Subdivision 2--Steps after granting application
105 Distributor's obligation to propose terms . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
106 Customer connection contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
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107 Cooling-off period for customer connection contracts . . . . . . . . . . . . . . . . . 59
108 Commencement of customer connection services . . . . . . . . . . . . . . . . . . . . 59
109 Limits on provision of customer connection services . . . . . . . . . . . . . . . . . . 60
Division 3--Changes to fuel gas installation
110 Application of div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
111 Obligation to give information to allow proposed changes. . . . . . . . . . . . . . 61
112 Applying to change connection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Division 4--Provisions about what is fair and reasonable
113 Operation of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
114 Terms approved by regulator. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
115 Services provided under approved access arrangement . . . . . . . . . . . . . . . . 62
116 Differing methods of charging . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
117 Customer connection contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
118 Differing security. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
119 Different terms that are reasonable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Division 5--Discontinuance and recommencement
120 When distributor may discontinue. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
121 Request by retailer to discontinue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
122 When distributor must discontinue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
123 Recommencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
124 Compensation for failure to discontinue or recommence . . . . . . . . . . . . . . . 66
PART 4--METER AND CONTROL APPARATUS
REQUIREMENTS
125 Operation of pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
126 Distributor must provide meter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
127 Matters that may be considered for placement . . . . . . . . . . . . . . . . . . . . . . . 67
128 Placing meter on customer's premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
129 Change of meter placement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
130 Customer must provide safe access. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
131 Alternative measurement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
PART 5--DISTRIBUTION OFFICERS
Division 1--Appointment and functions
132 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
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133 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
134 Distribution officers are public officials for particular functions . . . . . . . . . 70
135 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
136 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
137 Return of identity card. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Division 2--Powers of entry
138 Power to enter--general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
139 Power to enter to make gas infrastructure safe . . . . . . . . . . . . . . . . . . . . . . . 71
140 Power to enter for emergency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
141 Power to enter common property unaffected . . . . . . . . . . . . . . . . . . . . . . . . 72
Division 3--Safeguards
142 Duty to avoid damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
143 Notice of damage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
144 Content of notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
145 Compensation from distributor to owner or occupier . . . . . . . . . . . . . . . . . . 74
PART 6--MARKET OPERATING ARRANGEMENTS IN
NATURAL GAS MARKET
146 Regulation-making power for arrangements . . . . . . . . . . . . . . . . . . . . . . . . . 74
147 Tabling and inspection of code of conduct . . . . . . . . . . . . . . . . . . . . . . . . . . 75
CHAPTER 3--SUPPLY OF RETICULATED FUEL GAS
PART 1--RETAIL AUTHORITIES
Division 1--Applying for and obtaining retail authority
Subdivision 1--Application
148 Who may apply for retail authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
149 Requirements for application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
150 Public notice by regulator and submissions . . . . . . . . . . . . . . . . . . . . . . . . . 77
151 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
152 Criteria for deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
153 Additional criteria for exclusive retail authority application. . . . . . . . . . . . . 78
154 Term of authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
Subdivision 2--Steps after deciding application
155 Notice of decision to grant application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
156 Lapsing of application if conditions not accepted. . . . . . . . . . . . . . . . . . . . . 80
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157 Issue and public notice of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
158 Information notice about refusal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
Division 2--Retail authority conditions
Subdivision 1--Preliminary
159 Operation of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
Subdivision 2--Information, charges and accounts
160 Publication obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
161 Information obligations to customers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
162 Account intervals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
163 Required content for accounts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
Subdivision 3--Discontinuance and recommencement
164 Notice requirements for discontinuance . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
165 Obligation to give recommencement notice . . . . . . . . . . . . . . . . . . . . . . . . . 84
Subdivision 4--Other conditions
166 General conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
167 General right of retailer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
168 Ring fencing requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
169 Restriction on general retailers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
170 Exclusive rights must not be contravened . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
171 Area retailers--restriction for non-contestable customers . . . . . . . . . . . . . . 86
172 Telephone hotline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
173 Compliance with contingency supply plan requirements . . . . . . . . . . . . . . . 86
174 Participation in retailer of last resort scheme . . . . . . . . . . . . . . . . . . . . . . . . 86
175 Conditions imposed under a regulation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
Division 3--Amendment, cancellation and suspension of retail authority
Subdivision 1--Amendment by regulator
176 Amendments for which proposed action notice is not required . . . . . . . . . . 87
177 Amendments for which proposed action notice is required . . . . . . . . . . . . . 87
178 Imposed condition can not be amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
Subdivision 2--Amendment by application
179 Applying for amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
180 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
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Subdivision 3--Cancellation and suspension
181 Conditions for amendment, cancellation or suspension . . . . . . . . . . . . . . . . 88
Subdivision 4--Procedure for immediate suspension
182 Immediate suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
Subdivision 5--Procedure for amendment, cancellation or suspension
other than immediate suspension
183 Application of sdiv 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
184 Notice of proposed action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
185 Considering submissions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
186 Decision on proposed action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
187 Notice and taking of effect of proposed action decision . . . . . . . . . . . . . . . . 92
Division 4--Dealings with retail authority
Subdivision 1--Renewals
188 Applying for renewal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
189 Deciding renewal application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
190 Continuing effect of authority for renewal application . . . . . . . . . . . . . . . . 93
Subdivision 2--Transfers
191 Transfer only by application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
192 Applying for transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
193 Deciding transfer application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
Subdivision 3--Mortgages
194 Mortgage of retail authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
195 Notice of intention to exercise powers under mortgage . . . . . . . . . . . . . . . . 94
196 Consequence of exercising powers under mortgage . . . . . . . . . . . . . . . . . . . 95
Subdivision 4--Surrenders
197 Surrenders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
PART 2--CUSTOMER RETAIL SERVICES
Division 1--Applying for and obtaining customer retail services
Subdivision 1--Applying for customer retail services
198 Applying for customer retail services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
199 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
Subdivision 2--Steps after granting application
200 Retailer's obligation to propose terms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
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201 Customer retail contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
202 Cooling-off period for customer retail contracts . . . . . . . . . . . . . . . . . . . . . . 97
203 Commencement of customer retail services . . . . . . . . . . . . . . . . . . . . . . . . . 98
204 Limits on provision of customer retail services . . . . . . . . . . . . . . . . . . . . . . 98
Division 2--Overcharging and undercharging
205 Overcharging . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
206 Undercharging . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
Division 3--Provisions about what is fair and reasonable
207 Operation of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
208 Terms approved by regulator. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
209 Differing methods of charging . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
210 Customer retail contracts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
211 Differing security. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
212 Different terms that are reasonable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
PART 3--ON-SUPPLY
Division 1--Preliminary
213 "On-suppliers" and their "receivers". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
214 "Common areas" and "common area consumption". . . . . . . . . . . . . . . . . . . 103
215 Accounting periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
216 Restriction of application of pt 3 for LPG. . . . . . . . . . . . . . . . . . . . . . . . . . . 104
Division 2--On-supply agreements
217 On-supply agreements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
Division 3--Preliminary disclosure requirements about
common area charges
218 Application of div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
219 Preliminary consumption estimate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
220 Required contents for on-supply agreement . . . . . . . . . . . . . . . . . . . . . . . . . 106
221 Additional consequences of not complying with div 3 . . . . . . . . . . . . . . . . . 106
Division 4--Individual metering
222 Individual metering option . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
223 Compensation for installation damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
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Division 5--Disclosure requirements for common area
consumption charges
224 Application of div 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
225 Periodic consumption estimates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
226 Audited statements for each accounting period . . . . . . . . . . . . . . . . . . . . . . 109
227 Content requirements for audited statement . . . . . . . . . . . . . . . . . . . . . . . . . 109
PART 4--PRICING AND SERVICE QUALITY STANDARDS
228 Fixing of prices for customer retail services or on-supply . . . . . . . . . . . . . . 110
229 Review of notified prices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
230 Public advertisement of notified prices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
231 Requirement to comply with notified prices . . . . . . . . . . . . . . . . . . . . . . . . . 111
232 Additional consequences of failure to comply with notified prices . . . . . . . 112
233 Directions for prices notification. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
234 Requirement to comply with direction for prices notification . . . . . . . . . . . 113
235 Standards about quality of customer retail services . . . . . . . . . . . . . . . . . . . 113
CHAPTER 4--SUFFICIENCY OF SUPPLY
PART 1--PRELIMINARY
236 Who is a "industry participant" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
PART 2--CONTINGENCY SUPPLY PLANS
237 Regulator's power to require plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
238 Regulator's power to make plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
239 Contingency supply plan--content requirements . . . . . . . . . . . . . . . . . . . . . 115
240 Requirement to comply with plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
241 Limitation of industry participant's liability because of compliance
with plan ............................................. 116
242 When plan must be revised . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
243 Regulator's power to amend plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
PART 3--INFORMATION REQUIREMENTS
244 Notice of significant disruption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
245 Regulator's power to require information from industry participant . . . . . . 119
246 Failure to comply with information requirement . . . . . . . . . . . . . . . . . . . . . 119
247 Notice of intention to stop fuel gas transport or customer connection or
retail services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
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PART 4--RETAILER OF LAST RESORT SCHEME
248 Regulation may provide for scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
249 Primary objects of scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
250 Matters that may be provided for under scheme . . . . . . . . . . . . . . . . . . . . . . 121
PART 5--INSUFFICIENCY OF SUPPLY DECLARATIONS AND
DIRECTIONS
Division 1--Insufficiency of supply declarations
251 Minister's power to make declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
252 Requirements for making declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
253 Duration of declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
Division 2--Insufficiency of supply directions
254 Minister's power to give directions while declaration in force ......... 124
255 Failure to comply with direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
256 Liability of recipient for fuel gas supplied under direction. . . . . . . . . . . . . . 125
257 Direction overrides contracts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
CHAPTER 5--DISPUTE RESOLUTION
PART 1--REGULATOR'S ROLE
258 Complaint investigation and dispute resolution . . . . . . . . . . . . . . . . . . . . . . 126
259 Regulator's power to require information . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
PART 2--CUSTOMER DISPUTES
Division 1--Preliminary
260 Application of pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
261 Availability of other remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
Division 2--Procedure
262 Referral to regulator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
263 Further referral to energy mediator or arbitrator . . . . . . . . . . . . . . . . . . . . . . 128
264 Disputes referred to energy mediator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
265 Disputes referred to energy arbitrator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
PART 3--GAS INFRASTRUCTURE WORK DISPUTES
266 Application of pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
267 Referral to regulator to mediate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
268 Regulator's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
269 Resolution by Governor in Council. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
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270 Exclusion of other jurisdictions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
CHAPTER 6--MISCELLANEOUS PROVISIONS
PART 1--REVIEWS AND APPEALS
Division 1--Reviews
271 Who may apply for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
272 Requirements for making review application . . . . . . . . . . . . . . . . . . . . . . . . 132
273 Stay of operation of original decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
274 Review decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
275 Review procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
276 Reviewer may seek advice or information . . . . . . . . . . . . . . . . . . . . . . . . . . 134
277 Offence about disclosure of advice or information . . . . . . . . . . . . . . . . . . . . 134
278 Notice of review decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
Division 2--Appeals
279 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
280 Period to appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
281 Starting appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
282 Stay of operation of decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
283 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
284 District Court's powers on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
285 Appeals from District Court's decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
PART 2--GENERAL OFFENCES
286 Unlawfully operating distribution pipeline . . . . . . . . . . . . . . . . . . . . . . . . . . 137
287 Unlawful tampering with gas infrastructure . . . . . . . . . . . . . . . . . . . . . . . . . 138
288 Unlawfully selling reticulated fuel gas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
289 Unlawfully taking fuel gas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
290 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
291 Attempts to commit offences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
PART 3--OFFENCE PROCEEDINGS
Division 1--General provisions
292 Offences under Act are summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
293 Statement of complainant's knowledge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
294 Allegations of false or misleading matters . . . . . . . . . . . . . . . . . . . . . . . . . . 141
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295 Evidence of tampering with gas infrastructure . . . . . . . . . . . . . . . . . . . . . . . 141
296 Conduct of representatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
Division 2--Provisions for proceedings for unlawfully taking fuel gas
297 Evidence of unlawful taking of fuel gas . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
298 Proceeding may be for a period. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
299 Ownership of fuel gas for proceeding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
PART 4--GENERAL REMEDIES
300 Forfeiture and costs of remedial work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
301 Additional consequences of unlawfully operating distribution pipe . . . . . . . 144
302 Additional consequences of unlawfully selling reticulated fuel gas . . . . . . . 144
303 Recovery of unlawful profits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
PART 5--EVIDENTIARY PROVISIONS
304 Application of pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
305 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
306 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
307 Other evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
PART 6--REGISTER OF AUTHORITIES
308 Register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
309 Keeping of register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
310 Access to register. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
PART 7--ADDITIONAL PROVISIONS FOR APPLICATIONS
311 Substantial compliance with application requirements may be accepted . . . 148
312 Additional information may be required about application . . . . . . . . . . . . . 149
313 Power to refund application fee on withdrawal. . . . . . . . . . . . . . . . . . . . . . . 149
PART 8--OTHER MISCELLANEOUS PROVISIONS
314 Replacement of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
315 Protection from civil liability for particular persons . . . . . . . . . . . . . . . . . . . 150
316 Limitation of liability of distributors and retailers . . . . . . . . . . . . . . . . . . . . 150
317 Power to require additional information . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
318 Confidentiality of particular information . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
319 Application of provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
320 Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
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321 Delegation by regulator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
322 Approved forms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
323 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
CHAPTER 7--TRANSITIONAL PROVISIONS
PART 1--PRELIMINARY
324 Definitions for ch 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
PART 2--FRANCHISES AND AUTHORISATIONS UNDER GAS
(RESIDUAL PROVISIONS) ACT
325 Franchises and authorisations cease to have effect . . . . . . . . . . . . . . . . . . . . 154
326 Franchise applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
PART 3--NEW DISTRIBUTION AND RETAIL AUTHORITIES
Division 1--Issue of new authorities
327 New area distribution authorities--sch 3, pt 1 . . . . . . . . . . . . . . . . . . . . . . . 155
328 New area retail authorities--sch 3, pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
Division 2--Term of new authorities
329 Expiry unless amendment or consolidation action taken . . . . . . . . . . . . . . . 156
Division 3--Amendment and consolidation
Subdivision 1--Application to impose further conditions
330 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
331 Deciding application and steps after making decision . . . . . . . . . . . . . . . . . 157
Subdivision 2--Imposition by regulator of further conditions
332 Additional event for amendment by regulator. . . . . . . . . . . . . . . . . . . . . . . . 157
Subdivision 3--Consolidation
333 Applying to consolidate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
334 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
335 Steps after making decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
Subdivision 4--Miscellaneous provisions
336 Additional provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
337 Other powers to amend unaffected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
PART 4--MISCELLANEOUS PROVISIONS
338 Maximum prices or tariffs approved under Gas (Residual Provisions) Act . 159
339 Deferred application of ss 286 and 288 for particular persons . . . . . . . . . . . 159
340 Deferred application of ss 288 and 302 for particular persons . . . . . . . . . . . 160
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CHAPTER 8--AMENDMENT OF OTHER ACTS
PART 1--AMENDMENT OF DANGEROUS GOODS SAFETY
MANAGEMENT ACT 2001
341 Act amended in pt 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
342 Amendment of s 3 (Application of Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
PART 2--AMENDMENT OF ELECTRICITY ACT 1994
343 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
344 Amendment of s 64L (Function) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
345 Amendment of s 64S (Functions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162
PART 3--AMENDMENT OF GAS ACT 1965
346 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162
347 Amendment of s 1 (Short title) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162
348 Amendment of title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162
349 Amendment of s 2 (Relationship to prescribed Acts) . . . . . . . . . . . . . . . . . . 162
350 Amendment of s 5 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
351 Omission of s 5A (Meaning of "supply charge") . . . . . . . . . . . . . . . . . . . . . 163
352 Amendment of s 7 (Appointment of officers) . . . . . . . . . . . . . . . . . . . . . . . . 163
353 Amendment of s 10C (Protection for acts done in the execution of this Act) 164
354 Replacement of pt 3 (Granting of franchises) . . . . . . . . . . . . . . . . . . . . . . . . 164
PART 3--PROVISIONS APPLICABLE TO DISTRIBUTORS AND
RETAILERS
11 Application of pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
355 Amendment of pt 4 (Fuel gas supplied under a franchise) . . . . . . . . . . . . . . 164
356 Omission of pts 57A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
357 Renumbering of pt 8 (Miscellaneous) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
358 Omission of s 52A (Measurement of fuel gas) . . . . . . . . . . . . . . . . . . . . . . . 165
359 Omission of s 52C (Restriction on constructing and maintaining pipe) . . . . 165
360 Omission of ss 5559 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
361 Amendment of s 60A (Provisions to ensure standards and safety
requirements complied with). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
362 Amendment of s 60B (Provisions with respect to defective or dangerous
fittings) ................................................ 165
363 Amendment of s 62 (Evidentiary provisions) . . . . . . . . . . . . . . . . . . . . . . . . 165
364 Amendment of s 63 (Laying of complaint; service of analyst's certificate) . 166
17
Gas Supply Bill 2003
365 Amendment of s 64 (Regulation-making power) . . . . . . . . . . . . . . . . . . . . . 166
366 Amendment of sch 1 (Provisions applicable to the establishment and
maintenance of a gas undertaking) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
367 Amendment of sch 2 (Purposes for which regulations may be made) . . . . . 166
PART 4--AMENDMENT OF GAS PIPELINES ACCESS
(QUEENSLAND) ACT 1998
368 Act amended in pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167
369 Amendment of s 56 (Definitions for pt 6) . . . . . . . . . . . . . . . . . . . . . . . . . . . 167
370 Amendment of s 59 (Access principles for the Queensland part of
the PNG to Queensland pipeline) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167
371 Amendment of s 60 (Access principles for certain other pipelines) . . . . . . . 167
PART 5--AMENDMENT OF PETROLEUM ACT 1923
372 Act amended in pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
373 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
374 Omission of ss 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
375 Amendment of s 69 (Pipeline licences). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
376 Omission of s 70 (Access principles to be approved before grant of
pipeline licence) ........................................... 169
377 Amendment of s 70A (Powers that may be exercised after competitive
selection process) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169
378 Amendment of s 71 (Pipeline licence conditions). . . . . . . . . . . . . . . . . . . . . 169
379 Omission of pt 8 (Provisions about access to facilities) . . . . . . . . . . . . . . . . 169
PART 6--AMENDMENT OF QUEENSLAND COMPETITION
AUTHORITY ACT 1997
380 Act amended in pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
381 Amendment of s 70 (Meaning of "facility") . . . . . . . . . . . . . . . . . . . . . . . . . 170
PART 7--AMENDMENT OF TRANSPORT INFRASTRUCTURE
ACT 1994
382 Act amended in pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
383 Insertion of new s 58A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
58A Application div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
384 Omission of s 64 (Division not to apply to public utility plant
constructed under the Electricity Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171
385 Amendment of s 187AB (Application of ch 8AA) . . . . . . . . . . . . . . . . . . . . 171
18
Gas Supply Bill 2003
PART 8--AMENDMENT OF TRANSPORT OPERATIONS (ROAD
USE MANAGEMENT) ACT 1995
386 Act amended in pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171
387 Amendment of s 151 (Application of part) . . . . . . . . . . . . . . . . . . . . . . . . . . 171
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 172
CONTESTABLE CUSTOMERS
PART 1--PRELIMINARY
1 Operation of sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172
2 Definitions for sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172
PART 2--CONTESTABLE CONSUMERS UNDER
GAS (RESIDUAL PROVISIONS) ACT
3 Contestable consumers under former s 33A . . . . . . . . . . . . . . . . . . . . . . . . . 173
PART 3--CONTESTABLE CUSTOMER CERTIFICATION
4 Applying for certification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173
5 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174
6 Issuing certification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175
7 Information notice about refusal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175
PART 4--EXTENDED EFFECT OF CONTESTABILITY
8 New or replacement single premises of same registered owner . . . . . . . . . . 175
9 Subsequent registered owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 177
DECISIONS SUBJECT TO REVIEW
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 179
NEW AUTHORITIES
SCHEDULE 4 . . . . . . . . . . . . . . . . . . . . . . . . 187
DICTIONARY
2003
A BILL
FOR
An Act about the transport and supply of fuel gas, and for other
purposes
s1 20 s3
Gas Supply Bill 2003
The Parliament of Queensland enacts-- 1
CHAPTER 1--PRELIMINARY 2
PART 1--INTRODUCTION 3
1 Short title 4
This Act may be cited as the Gas Supply Act 2003. 5
2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
PART 2--PURPOSE AND APPLICATION OF ACT 8
3 Main purposes of Act 9
(1) The main purposes of this Act are to-- 10
(a) implement the franchising and licensing principles under 11
clauses 13 and 14 of the national gas agreement; and 12
(b) promote efficient and economical fuel gas supply; and 13
(c) protect customers in reticulated fuel gas markets. 14
(2) The purposes under subsection (1)(b) and (c) are achieved by-- 15
(a) regulating the distribution and retail markets for reticulated fuel 16
gas; and 17
(b) the power under chapter 2, part 6, for a regulation to provide for 18
market operating arrangements in the natural gas market; and 19
s4 21 s5
Gas Supply Bill 2003
(c) providing, under chapter 5, part 2 for the resolution of disputes 1
between particular customers and distributors or retailers.1 2
4 Gas-related matters to which Act does not apply 3
(1) This Act does not-- 4
(a) provide for the safety of persons involved in, or who may be 5
affected by, the supply or use of fuel gas; or 6
(b) provide for the measurement or quality of fuel gas; or 7
(c) regulate gases other than fuel gas. 8
(2) This Act provides for access to a distribution pipeline or system only 9
to the extent of the physical connection, or the opening of the connection, 10
to the pipeline or system.2 11
(3) Other than for chapter 2, part 6, and chapter 4, this Act does not 12
provide for or regulate transmission pipelines.3 13
5 Act binds all persons 14
(1) This Act binds all persons, including the State and, to the extent the 15
legislative power of the Parliament permits, the Commonwealth and the 16
other States. 17
(2) However, the Commonwealth or a State can not be prosecuted for an 18
offence against this Act. 19
1 See section 260(1) (Application of pt 2).
2 For other laws about access to a distribution pipeline or system, see the Gas
Pipelines Access Law, the Queensland Competition Authority Act 1997 and the
Trade Practices Act 1974 (Cwlth).
3 Chapter 2, part 6 (Market operating arrangements in natural gas market) and
chapter 4 (Sufficiency of supply)
s6 22 s8
Gas Supply Bill 2003
6 Act does not affect other rights or remedies 1
(1) Subject to sections 241, 256, 315 and 316, this Act does not affect or 2
limit a civil right or remedy that exists apart from this Act, whether at 3
common law or otherwise.4 4
(2) Without limiting subsection (1), compliance with this Act does not 5
necessarily show that a civil obligation that exists apart from this Act has 6
been satisfied or has not been breached. 7
(3) In addition, a breach of an obligation under this Act does not, of 8
itself, give rise to an action for breach of statutory duty or another civil 9
right or remedy. 10
(4) This Act does not limit a court's powers under the Penalties and 11
Sentences Act 1992 or another law. 12
PART 3--INTERPRETATION 13
Division 1--Dictionary 14
7 Definitions 15
The dictionary in schedule 4 defines particular words used in this Act. 16
Division 2--Key definitions 17
Subdivision 1--The regulator 18
8 Who is the "regulator" 19
The chief executive of the department is the "regulator". 20
4 Sections 241 (Limitation of Industry participant's liability because of compliance
with plan), 256 (Liability of recipient for fuel gas supplied under direction)
315 (Protection from civil liability) and 316 (Limitation of liability of distributors
and retailers)
s9 23 s 13
Gas Supply Bill 2003
Subdivision 2--Fuel gas and types of fuel gas 1
9 What is "fuel gas" 2
"Fuel gas" is LPG or processed natural gas. 3
10 What is "LPG" 4
"LPG", also called `LP gas' and `liquefied petroleum gas', is a 5
substance that-- 6
(a) is in a gaseous state at standard temperature and pressure; and 7
(b) is more than half propane, propylene (also called propene) or 8
butane, in any combination; and 9
(c) has been processed to be suitable for consumption. 10
11 What is "processed natural gas" 11
"Processed natural gas" is a substance that-- 12
(a) is in a gaseous state at standard temperature and pressure; and 13
(b) consists of naturally occurring hydrocarbons and other 14
substances; and 15
(c) is more than half methane; and 16
(d) has been processed to be suitable for consumption. 17
Subdivision 3--Pipelines and pipeline systems 18
12 What is a "transmission pipeline" 19
A "transmission pipeline" is a pipeline operated, or to be operated, for 20
the primary purpose of conveying fuel gas directly to a market after it has 21
been processed, whether or not it is subsequently processed or reprocessed. 22
13 What is a "distribution pipeline" 23
A "distribution pipeline" is a pipeline that-- 24
(a) transports fuel gas as-- 25
s 14 24 s 17
Gas Supply Bill 2003
(i) part of a reticulation system within a fuel gas market; or 1
(ii) a single point-to-point pipeline to a specific commercial or 2
industrial facility; and 3
(b) is not a transmission pipeline. 4
14 What is a "distribution system" 5
(1) A "distribution system" is a system of distribution pipelines and 6
meters and other equipment used for, or in connection with, the supply of 7
fuel gas to more than 1 customer within a fuel gas market. 8
(2) However, a "distribution system" does not include-- 9
(a) pipelines connected from the exit point of a meter installed for a 10
customer's premises; or 11
(b) appliances or equipment connected to pipelines mentioned in 12
paragraph (a). 13
15 When fuel gas is "reticulated" 14
Fuel gas is "reticulated" if it is supplied by way of a distribution 15
pipeline. 16
Subdivision 4--Customers 17
16 Who is a "customer" 18
A "customer" is a person who receives reticulated fuel gas. 19
17 "Contestable customers" and "non-contestable customers" 20
(1) A customer is a "contestable customer" for premises if 21
schedule 1 provides that the customer is a contestable customer for the 22
premises. 23
(2) If a customer is not a contestable customer for premises, the 24
customer is called a "non-contestable customer" for the premises. 25
s 18 25 s 20
Gas Supply Bill 2003
18 Who is a "protected customer" 1
A "protected customer" is-- 2
(a) a non-contestable customer; or 3
(b) a customer the subject of a greenfield distribution authority or an 4
exclusive retail authority; or 5
(c) another customer or type of customer prescribed under a 6
regulation.5 7
Subdivision 5--Customer connection and retail services 8
19 What are "customer connection services" 9
(1) A person provides "customer connection services" to premises 10
by-- 11
(a) either-- 12
(i) if the premises are not already connected to a distribution 13
pipeline or system--physically connecting the premises to 14
the pipeline or system; or 15
(ii) if the premises are already connected to a distribution 16
pipeline or system--opening a physical connection to the 17
pipeline or system to allow reticulated fuel gas to be 18
transported to the premises by way of the pipeline or 19
system; and 20
(b) leaving the connection open to allow fuel gas to be transported to 21
the premises by way of the pipeline or system. 22
(2) The provision of customer connection services does not include the 23
transportation of fuel gas. 24
20 What are "customer retail services" 25
(1) A person provides "customer retail services" to someone else's 26
premises by selling reticulated fuel gas to the other person at the premises. 27
5 See sections 23(5) (Types of distribution authority and their distributors) and 26(7)
(Types of retail authority and their retailers).
s 21 26 s 23
Gas Supply Bill 2003
(2) Also, if the person does not arrange for the provision of customer 1
connection services to the premises, "customer retail services" includes 2
arranging, as the agent of the other person, for a distributor to provide the 3
customer connection services. 4
Subdivision 6--Distribution authorities and distributors 5
21 What is a "distribution authority" 6
A "distribution authority" authorises its holder to-- 7
(a) transport fuel gas through a distribution pipeline or system; and 8
(b) provide customer connection services to the premises of others. 9
22 Who is a "distributor" 10
The "distributor" for-- 11
(a) a distribution authority--is its holder; or 12
(b) a customer--is the person who holds a distribution authority and 13
provides customer connection services to the customer; or 14
(c) premises--is the person who holds a distribution authority and 15
provides customer connection services to a customer at the 16
premises; or 17
(d) gas infrastructure--is the person who holds the authority to 18
which the infrastructure is subject; or 19
(e) a distribution officer--is the distributor that appointed the 20
officer.6 21
23 Types of distribution authority and their distributors 22
(1) A "point-to-point distribution authority" authorises the distributor 23
to-- 24
6 For when a distribution authority is required, see section 286 (Unlawfully operating
distribution pipeline).
See also section 72 (Consequence of exercising powers under mortgage).
s 24 27 s 25
Gas Supply Bill 2003
(a) transport, through a distribution pipeline, fuel gas from one 1
stated point to another; and 2
(b) provide a stated customer with customer connection and retail 3
services.7 4
(2) An "area distribution authority" authorises the distributor to-- 5
(a) transport, using a distribution system, fuel gas within a stated 6
area; and 7
(b) provide customer connection services to premises in the area. 8
(3) The holder of an area distribution authority is called an "area 9
distributor". 10
(4) The area mentioned in subsection (2) is called the "distribution 11
area" for the area distribution authority. 12
(5) A "greenfield distribution authority" is a type of area distribution 13
authority that gives the distributor the exclusive right to transport fuel gas 14
to stated customers or stated types of customers. 15
Subdivision 7--Retail authorities and retailers 16
24 What is a "retail authority" 17
A "retail authority" authorises its holder to provide customer retail 18
services to its customers. 19
25 Who is a "retailer" 20
The "retailer" for-- 21
(a) a retail authority--is its holder; or 22
(b) a customer--is the person who holds a retail authority and 23
provides customer retail services to the customer; or 24
7 See also section 288(2)(a) (Unlawfully selling reticulated fuel gas).
s 26 28 s 26
Gas Supply Bill 2003
(c) premises--is the person who holds a retail authority and 1
provides customer retail services to a customer at the premises.8 2
26 Types of retail authority and their retailers 3
(1) An "area retail authority" is a retail authority issued for a stated 4
area. 5
(2) An "area retailer" is a retailer who holds an area retail authority. 6
(3) The area mentioned in subsection (1) is called the "retail area" for 7
the authority. 8
(4) An "exclusive retail authority" is a type of area retail authority that 9
gives the retailer the exclusive right to provide customer retail services to 10
stated contestable customers, or a stated type of contestable customer, in its 11
retail area. 12
(5) An "exclusive retailer" is a retailer who holds an exclusive retail 13
authority. 14
(6) A "general retail authority" is a retail authority issued for no 15
particular area. 16
(7) A "general retailer" is a retailer who holds a general retail authority. 17
8 For when a retail authority is required, see section 288 (Unlawfully selling
reticulated fuel gas).
See also section 196 (Consequence of exercising powers under mortgage).
s 27 29 s 28
Gas Supply Bill 2003
CHAPTER 2--FUEL GAS DISTRIBUTION 1
PART 1--DISTRIBUTION AUTHORITIES 2
Division 1--Applying for and obtaining distribution authority 3
Subdivision 1--Application 4
27 Who may apply for distribution authority 5
(1) A person may, in the approved form, apply to the regulator for a 6
distribution authority. 7
(2) However, a retailer can not apply for a distribution authority to 8
provide customer connection services relating to processed natural gas to 9
be transported through a pipeline if the retailer sells processed natural gas 10
transported through a covered pipeline.9 11
28 Requirements for application 12
The application must-- 13
(a) if it is for a point-to-point distribution authority--describe the 14
route of the pipeline to be the subject of the authority; and 15
(b) if it is for an area distribution authority--describe the area to be 16
the subject of the authority; and 17
(c) if it is for a greenfield distribution authority--state each of the 18
following-- 19
(i) a timetable for building the distribution system to be the 20
subject of the authority; 21
(ii) milestones in the timetable; 22
(iii) the type of customer proposed to be the subject of the 23
authority; 24
9 See also sections 41 (Ring fencing requirement) and 57 (Conditions for amendment,
cancellation or suspension).
s 29 30 s 29
Gas Supply Bill 2003
(iv) a proposed day to complete the building of the distribution 1
system; and 2
(d) state a proposed start day for the transport of fuel gas through the 3
distribution pipeline or system to be the subject of the authority; 4
and 5
(e) state the codes or standards under which it is proposed to operate 6
the distribution pipeline or system; and 7
(f) be accompanied by the fee prescribed under a regulation. 8
29 Public notice by regulator and submissions 9
(1) This section does not apply if-- 10
(a) the applicant holds a corresponding authority for the distribution 11
authority; or 12
(b) the distribution authority is a point-to-point distribution 13
authority. 14
(2) Before deciding the application, the regulator must-- 15
(a) publish in a Statewide newspaper a notice stating each of the 16
following-- 17
(i) that an application for a distribution authority has been 18
made; 19
(ii) the applicant's name; 20
(iii) a period of at least 20 business days during which anyone 21
may make written submissions to the regulator about the 22
application; 23
(iv) where the application, other than any part of the application 24
that is FOI exempt matter, may be inspected; 25
(v) if the application is for a greenfield distribution 26
authority--that the regulator will conduct a competitive 27
tender process to select the most suitable person to hold the 28
authority; and 29
(b) consider written submissions about the application made to the 30
regulator within the stated period. 31
s 30 31 s 32
Gas Supply Bill 2003
30 Competitive tender process for greenfield distribution authority 1
(1) This section applies only if the application is for a greenfield 2
distribution authority. 3
(2) Before deciding the application, the regulator must carry out a 4
competitive tender process to select the most suitable person to hold the 5
authority. 6
(3) The regulator may carry out the process in a way the regulator 7
considers appropriate. 8
31 Deciding application 9
(1) The regulator must decide whether to grant or refuse the application. 10
(2) If the regulator decides to grant the application, the regulator may 11
impose conditions on the distribution authority the regulator considers 12
appropriate.10 13
(3) If the application is for a greenfield distribution authority, the 14
regulator must fix a day for the distributor to complete the building of the 15
distribution system the subject of the authority. 16
32 Criteria for deciding application 17
(1) The regulator may decide to grant the application only if satisfied the 18
applicant is a suitable person to hold the distribution authority. 19
(2) For subsection (1), the regulator may consider any of the following 20
(the "suitability criteria"), to the extent they are relevant to the 21
applicant's competence to hold the distribution authority-- 22
(a) ability to provide an adequate level of customer connection 23
services; 24
(b) financial capacity; 25
(c) commercial and other dealings and the standard of honesty and 26
integrity shown in the dealings; 27
(d) failure to perform contractual or statutory obligations and the 28
reasons for the failure; 29
(e) criminal history; 30
10 See also division 2 (Distribution authority conditions).
s 33 32 s 34
Gas Supply Bill 2003
(f) technical expertise; 1
(g) knowledge of, or experience in, the gas or energy industries; 2
(h) if the applicant is a corporation--the matters mentioned in 3
paragraphs (a) to (g) for persons who are executive officers of, or 4
substantial shareholders in, the corporation. 5
(3) However, the regulator may, without regard to any of the suitability 6
criteria, decide the applicant is a suitable person to hold the distribution 7
authority if the applicant holds a corresponding authority. 8
(4) In deciding the application, the regulator must consider any relevant 9
government policies about energy issues. 10
33 Additional criteria for greenfield distribution authority 11
application 12
If, under section 30, there is a competitive tender process for the 13
application, the regulator must also consider-- 14
(a) the criteria mentioned in annexure E11 to the national gas 15
agreement to the extent they are relevant; and 16
(b) whether the applicant is the most suitable person; and 17
(c) the public interest. 18
34 Term of authority 19
(1) This section applies if the regulator decides to grant the application. 20
(2) If the application is for a greenfield distribution authority, the 21
regulator must decide the term of the authority of no more than 5 years. 22
(3) If the application is other than for a greenfield distribution authority, 23
the regulator may decide to grant the authority for a stated term. 24
(4) If no term is decided for a distribution authority other than a 25
greenfield distribution authority, it continues in force unless cancelled or 26
surrendered under this part. 27
11 Annexure E to the national gas agreement (Franchising principles)
s 35 33 s 36
Gas Supply Bill 2003
Subdivision 2--Steps after deciding application 1
35 Notice of decision to grant application 2
(1) If the regulator decides to grant the application, the regulator must, as 3
soon as practicable, give the applicant notice ("decision notice") stating 4
each of the following-- 5
(a) the decision; 6
(b) the conditions the regulator has decided to impose on the 7
authority;12 8
(c) any other matter relevant to the grant of the authority; 9
(d) a period after the giving of the decision notice for the applicant to 10
give the regulator notice ("acceptance notice") that the 11
applicant agrees to the conditions, or the conditions with changes 12
to which the regulator has agreed; 13
(e) the application will be taken to have lapsed unless the applicant 14
gives acceptance notice within the period or later period as 15
extended by the regulator. 16
(2) The stated period must end at least 20 business days after the 17
applicant is given the decision notice. 18
(3) The regulator may, by notice to the applicant given before the stated 19
period ends, extend the period for giving an acceptance notice. 20
36 Lapsing of application if conditions not accepted 21
The regulator is taken to have decided to refuse the application if-- 22
(a) the regulator has given the applicant a decision notice; and 23
(b) the applicant has not given the regulator an acceptance notice 24
within the period stated in the notice, or if the regulator has 25
extended the period for giving an acceptance notice, the extended 26
period. 27
12 For conditions that are automatically imposed under this Act, see division 2
(Distribution authority conditions).
s 37 34 s 39
Gas Supply Bill 2003
37 Issue and public notice of authority 1
(1) This section applies if the applicant gives the regulator an acceptance 2
notice within the period stated in the notice, or if the regulator has extended 3
the period for giving an acceptance notice, the extended period. 4
(2) The regulator must, as soon as practicable-- 5
(a) issue the applicant the distribution authority; and 6
(b) publish a notice about the authority in a Statewide newspaper.13 7
(3) The notice must state-- 8
(a) that the applicant has been issued a distribution authority; and 9
(b) each of the following about the authority-- 10
(i) its type; 11
(ii) if it is a point-to-point distribution authority--the points; 12
(iii) if it is an area distribution authority--its distribution area; 13
(iv) if it is a greenfield distribution authority--the nature of the 14
exclusive right given under the authority; and 15
(c) the conditions of the authority, or where they may be inspected. 16
38 Information notice about refusal 17
If the regulator decides to refuse the application, the regulator must, as 18
soon as practicable, give the applicant an information notice about the 19
decision. 20
Division 2--Distribution authority conditions 21
39 Operation of div 2 22
(1) This division imposes conditions on each distribution authority that 23
apply as well as any conditions stated in the authority. 24
13 See also chapter 6, part 6 (Register of authorities).
s 40 35 s 42
Gas Supply Bill 2003
(2) If an imposed condition conflicts with a condition stated in the 1
authority, the imposed condition prevails to the extent of the inconsistency. 2
(3) As well as imposing a condition, section 4314 also imposes a penalty. 3
40 General conditions 4
A distributor must-- 5
(a) take appropriate account of the environmental effects of activities 6
carried out under the distributor's distribution authority; and 7
(b) pay amounts required to be paid under the authority or this Act; 8
and 9
(c) in carrying out activities under the authority, comply with this 10
Act, the Gas (Residual Provisions) Act and all other relevant 11
laws; and 12
(d) in carrying out gas infrastructure work, comply with part 2. 13
41 Ring fencing requirement 14
A distributor must not sell processed natural gas transported through a 15
pipeline if the distributor provides customer connection services relating to 16
processed natural gas transported through a covered pipeline.15 17
42 Obligation to operate and maintain distribution pipes 18
(1) This section imposes obligations on a distributor for each distribution 19
pipeline the subject of the distributor's distribution authority. 20
(2) If, under this Act or another Act, someone else is entitled to have the 21
distributor transport fuel gas through the pipeline, the distributor must 22
operate, maintain and protect the pipeline to ensure the transportation is 23
adequate, reliable and safe. 24
(3) Otherwise, the distributor must ensure the pipeline is operated and 25
maintained and protected so that it is able to be used for the adequate, 26
reliable and safe connection, transport and sale of fuel gas. 27
14 Section 43 (Restriction for area distributors)
15 See also sections 27 (Who may apply for distribution authority) and 57 (Conditions
for amendment, cancellation or suspension).
s 43 36 s 46
Gas Supply Bill 2003
(4) In this section-- 1
"maintain" includes repair and replace as necessary. 2
43 Restriction for area distributors 3
An area distributor must not provide customer connection services to a 4
customer outside the distribution area of the distributor's distribution 5
authority unless the services are provided under another distribution 6
authority. 7
Maximum penalty--500 penalty units. 8
44 Exclusive rights must not be contravened 9
A distributor must not use a distribution pipeline or system the subject of 10
the distributor's distribution authority to transport fuel gas to customers if 11
the transport is inconsistent with an exclusive right under a greenfield 12
distribution authority.16 13
45 Additional condition for greenfield distribution authority 14
(1) A distributor for a greenfield distribution authority must, on or before 15
the completion day, complete the building of the distribution system 16
described in the application for the authority. 17
(2) In this section-- 18
"completion day" means the day fixed by the regulator under 19
section 31(3) for the distributor to complete the building of the 20
distribution system. 21
46 Standard for distribution pipes 22
A distributor must ensure each distribution pipe, or each distribution 23
pipeline in a distribution system, the subject of the distributor's distribution 24
authority is built in a way that complies with the Gas (Residual Provisions) 25
Act and any other relevant Act. 26
16 See also section 286 (Unlawfully operating distribution pipeline).
s 47 37 s 48
Gas Supply Bill 2003
47 Inquiry practices and procedures 1
(1) A distributor must establish and maintain appropriate practices and 2
procedures to allow inquiries by customers and the public to be addressed 3
or appropriately responded to within 5 business days. 4
(2) For subsection (1) an appropriate response means giving the inquirer 5
notice or telling the inquirer-- 6
(a) the work that needs to be done to address the inquiry; and 7
(b) the period needed to address it. 8
48 Contingency practices and procedures 9
(1) A distributor must establish and maintain appropriate practices and 10
procedures to manage the prompt and efficient handling of all of the 11
following reported to the distributor by anyone-- 12
(a) emergency incidents; 13
(b) gas leakages; 14
(c) fuel gas outages; 15
(d) faults and difficulties in the distributor's gas infrastructure; 16
(e) unplanned interruptions to fuel gas transport; 17
(f) other situations relevant to the distributor that relate to safety. 18
(2) A distributor must have a telephone number at which customers can 19
report to the distributor matters mentioned in subsection (1)-- 20
(a) at any time; and 21
(b) for the cost of a local telephone call. 22
(3) Each account of the distributor must include the number. 23
(4) The number may be the number of a relevant retailer from which the 24
call is transferred to the distributor. 25
(5) An automated answering telephone service complies with 26
subsection (2) only if it provides for the transfer of calls to a human being. 27
s 49 38 s 52
Gas Supply Bill 2003
49 Compliance with contingency supply plan requirements 1
A distributor must comply with chapter 4, part 2.17 2
50 Participation in retailer of last resort scheme 3
A distributor must comply with the retailer of last resort scheme to the 4
extent it applies to the distributor. 5
51 Conditions imposed under a regulation 6
(1) A distributor must comply with-- 7
(a) any conditions prescribed under a regulation for, or relating to, 8
the provision of customer connection services; or 9
(b) any code, intergovernmental agreement, protocol or other 10
agreement prescribed under a regulation. 11
(2) A code or agreement may be prescribed only if it relates to the 12
provision of customer connection services. 13
Division 3--Amendment, cancellation and suspension of 14
distribution authority 15
Subdivision 1--Amendment by regulator 16
52 Amendments for which proposed action notice is not required 17
(1) The regulator may amend a distribution authority at any time by 18
giving the distributor notice of the amendment and recording particulars of 19
the amendment in the register if the amendment-- 20
(a) is to correct a clerical or formal error; or 21
(b) does not affect the interests of the distributor or anyone else and 22
the distributor has, in writing, agreed to the amendment. 23
(2) However, a greenfield distribution authority can not be amended in a 24
way that extends its term. 25
17 Chapter 4, part 2 (Contingency supply plans)
s 53 39 s 56
Gas Supply Bill 2003
53 Amendments for which proposed action notice is required 1
The regulator may amend a distribution authority if-- 2
(a) the regulator considers the amendment necessary or desirable; 3
and 4
(b) the procedure under subdivision 5 is followed. 5
54 Imposed condition can not be amended 6
The regulator can not amend a condition of a distribution authority 7
imposed under division 2. 8
Subdivision 2--Amendment by application 9
55 Applying for amendment 10
(1) A distributor may, in the approved form, apply to the regulator to 11
amend its authority in a stated way, other than-- 12
(a) to amend a condition imposed under division 2; and 13
(b) if the authority is a greenfield distribution authority--to extend 14
its term. 15
(2) The application must be accompanied by the fee prescribed under a 16
regulation. 17
(3) Subsection (1) does not limit section 69(3).18 18
56 Deciding application 19
(1) The regulator must decide to make or refuse to make the amendment. 20
(2) If the decision is to make the amendment, the regulator must, as soon 21
as practicable, make the amendment to the distribution authority and give 22
the applicant notice of the decision. 23
(3) If the decision is to refuse to make the amendment, the regulator, 24
must, as soon as practicable, give the applicant an information notice about 25
the decision. 26
18 Section 69 (Deciding transfer application)
s 57 40 s 57
Gas Supply Bill 2003
Subdivision 3--Amendment, cancellation or suspension by regulator 1
57 Conditions for amendment, cancellation or suspension 2
(1) The regulator may amend, cancel or suspend a distribution authority 3
if-- 4
(a) an event mentioned in subsection (2) has happened; and 5
(b) either-- 6
(i) for immediate suspension--the procedure under section 58 7
is followed; or 8
(ii) for cancellation or suspension other than immediate 9
suspension--the procedure under subdivision 5 is followed. 10
(2) For subsection (1), the event is that the distributor-- 11
(a) obtained the authority because of a materially false or misleading 12
declaration or representation, made orally or in writing; or 13
(b) is, or is likely to become, unsuitable to hold, or continue to hold, 14
the authority, including, for example because of a contravention 15
of any of the following by the distributor or, if the distributor is a 16
corporation, any executive officer of, or substantial shareholder 17
in, the corporation-- 18
(i) this Act; 19
(ii) the Gas (Residual Provisions) Act or another relevant Act; 20
(iii) a direction given under this Act, the Gas (Residual 21
Provisions) Act or another relevant Act; 22
(iv) the authority; or 23
(c) has contravened, or is contravening, section 41; or19
24
(d) has used the authority for a purpose other than for a purpose for 25
which it was issued. 26
(3) In deciding whether the distributor is a suitable person to hold, or 27
continue to hold, the authority the regulator must have regard to the 28
suitability criteria. 29
19 Section 41 (Ring fencing requirement)
s 58 41 s 58
Gas Supply Bill 2003
Subdivision 4--Procedure for immediate suspension 1
58 Immediate suspension 2
(1) The regulator may, by notice ("suspension notice") to the 3
distributor, immediately suspend a distribution authority if the regulator 4
reasonably believes-- 5
(a) a ground exists to suspend or cancel the authority; and 6
(b) the circumstances are so extraordinary that it is imperative to 7
immediately suspend the authority to control or prevent-- 8
(i) a significant adverse economic or social impact on the State 9
or a part of the State; or 10
(ii) a danger to the public. 11
(2) The suspension notice must-- 12
(a) state each of the following-- 13
(i) that the authority is suspended immediately; 14
(ii) the grounds for the suspension; 15
(iii) the facts and circumstances forming the basis for the 16
grounds; 17
(iv) the suspension period; 18
(v) that the distributor may make written submissions to the 19
regulator to show why the suspension should end; and 20
(b) include, or be accompanied by, an information notice about the 21
decisions to give the notice and to fix the suspension period. 22
(3) The suspension period must not be more than 40 business days. 23
(4) The suspension has effect immediately after the distributor is given 24
the suspension notice. 25
(5) The authority is ineffective during the suspension period. 26
s 59 42 s 61
Gas Supply Bill 2003
Subdivision 5--Procedure for amendment, cancellation or suspension 1
other than immediate suspension 2
59 Application of sdiv 5 3
This subdivision applies if-- 4
(a) under section 53,20 the regulator proposes to amend a distribution 5
authority; or 6
(b) the regulator proposes to cancel or suspend a distribution 7
authority, other than an immediate suspension under section 58. 8
60 Notice of proposed action 9
(1) The regulator must give the distributor a notice stating each of the 10
following-- 11
(a) the action (the "proposed action") the regulator proposes to take 12
under this division; 13
(b) the grounds for the proposed action; 14
(c) the facts and circumstances that are the basis for the grounds; 15
(d) if the proposed action is to amend--the proposed amendment; 16
(e) if the proposed action is to suspend--the proposed suspension 17
period; 18
(f) that the distributor may make, within a stated period, written 19
submissions to show why the proposed action should not be 20
taken. 21
(2) The stated period must end at least 20 business days after the notice 22
is given. 23
(3) The notice may be given for a retail authority the subject of an 24
immediate suspension. 25
61 Considering submissions 26
(1) The regulator must consider any written submission made under 27
section 60 by the distributor within the period stated in the notice. 28
20 Section 53 (Amendments for which proposed action notice is required)
s 62 43 s 63
Gas Supply Bill 2003
(2) If the regulator at any time decides not to take the proposed action, 1
the regulator must, as soon as practicable, give the distributor notice of the 2
decision. 3
62 Decision on proposed action 4
If, after complying with section 61, the regulator still believes a ground 5
exists to take the proposed action, the regulator may decide to-- 6
(a) if the proposed action was to amend--make the amendment; or 7
(b) if the proposed action was to suspend for a stated 8
period--suspend for no longer than the proposed suspension 9
period; or 10
(c) if the proposed action was to cancel-- 11
(i) cancel the distribution authority; or 12
(ii) suspend it for a stated period. 13
63 Notice and taking of effect of proposed action decision 14
(1) The regulator must, as soon as practicable after making a decision 15
under section 62, give the distributor an information notice about the 16
decision. 17
(2) The decision takes effect on the later of the following-- 18
(a) the day the information notice is given; 19
(b) a later day of effect stated in the notice. 20
(3) However, if the decision was to amend, cancel or suspend because of 21
a conviction, the amendment, cancellation or suspension-- 22
(a) does not take effect until-- 23
(i) the period to appeal against the conviction ends; and 24
(ii) if an appeal is made against the conviction--the appeal is 25
finally decided or is otherwise ended; and 26
(b) has no effect if the conviction is quashed on appeal. 27
s 64 44 s 66
Gas Supply Bill 2003
Division 4--Dealings with distribution authority 1
Subdivision 1--Renewals 2
64 Applying for renewal 3
(1) This section applies to a distribution authority, other than a greenfield 4
distribution authority, that is issued for a term. 5
(2) The distributor may apply to the regulator to renew the authority for a 6
stated term or to renew it without a term. 7
(3) An application under this section-- 8
(a) must be made in the approved form and accompanied by the fee 9
prescribed under a regulation; and 10
(b) can not be made if the authority has ended. 11
65 Deciding renewal application 12
(1) The regulator must decide whether to grant or refuse the application. 13
(2) Division 1 (other than section 27) applies to the application as if it 14
were an application for the authority.21 15
66 Continuing effect of authority for renewal application 16
If the term of the distribution authority ends before the application is 17
decided, despite the ending of the term, the authority continues in force 18
until-- 19
(a) the start of any renewal of the authority; or 20
(b) the applicant is given an information notice about a decision to 21
refuse the application; or 22
(c) the application is withdrawn; or 23
(d) the authority is cancelled under this Act. 24
21 Division 1 (Applying for and obtaining distribution authority)
Section 27 (Who may apply for distribution authority)
s 67 45 s 69
Gas Supply Bill 2003
Subdivision 2--Transfers 1
67 Transfer only by application 2
(1) A distribution authority may be transferred only under this 3
subdivision. 4
(2) A purported transfer of a distribution authority not made under this 5
subdivision is of no effect.22 6
68 Applying for transfer 7
(1) A distributor may apply to the regulator to transfer the distributor's 8
authority. 9
(2) The application must be-- 10
(a) in the approved form; and 11
(b) made by the distributor and the proposed transferee; and 12
(c) accompanied by the fee prescribed under a regulation. 13
69 Deciding transfer application 14
(1) The regulator may decide to grant the application only if the 15
regulator is satisfied the proposed transferee is a suitable person to hold the 16
authority. 17
(2) For subsection (1), the regulator may consider any suitability criteria 18
to the extent it is relevant to the proposed transferee's competence to hold 19
the distribution authority. 20
(3) The regulator may, in granting the application, impose conditions on 21
the authority. 22
(4) If the regulator decides to refuse the application or impose a 23
condition on the authority, the regulator must, as soon as practicable, give 24
the applicants an information notice about the decision. 25
(5) Subsection (4) does not apply for a condition that is the same, or is to 26
the same effect, as a condition agreed to or requested by the applicants. 27
22 See also section 301 (Additional consequences of unlawfully operating distribution
pipe).
s 70 46 s 73
Gas Supply Bill 2003
Subdivision 3--Mortgages 1
70 Mortgage of distribution authority 2
A distributor may mortgage the distributor's distribution authority 3
without the approval of, or notice to, the regulator. 4
71 Notice of intention to exercise powers under mortgage 5
(1) This section applies if a mortgage has been granted over a 6
distribution authority and the distributor has defaulted under the mortgage. 7
(2) The mortgagee may exercise its powers under the mortgage only if 8
the mortgagee has given the regulator at least 20 business days notice of the 9
mortgagee's intention to exercise powers under the mortgage that relate to 10
the authority. 11
(3) Any purported exercise of a power under the mortgage relating to the 12
authority in contravention of subsection (2) is of no effect. 13
72 Consequence of exercising powers under mortgage 14
If a mortgagee under a mortgage over a distribution authority exercises 15
any power under the mortgage relating to the authority, this Act applies to 16
the mortgagee as if the mortgagee were the distributor under the authority. 17
Subdivision 4--Surrenders 18
73 Surrenders 19
(1) A distributor may surrender its authority only if the regulator has, on 20
the distributor's application, approved the surrender. 21
(2) The application must be in the approved form and accompanied by 22
the fee prescribed under a regulation. 23
(3) The regulator-- 24
(a) may impose conditions on giving the approval; and 25
(b) must fix a time, no later than 6 months after deciding the 26
application, for the surrender to take effect. 27
s 74 47 s 76
Gas Supply Bill 2003
(4) If the regulator decides to refuse the application or impose a 1
condition on the surrender, the regulator must, as soon as practicable, give 2
the applicant an information notice about the decision. 3
(5) Subsection (4) does not apply for a condition that is the same, or is to 4
the same effect, as a condition agreed to or requested by the applicant. 5
Division 5--Service quality standards 6
74 Standards about quality of customer connection services 7
(1) A regulation may prescribe standards about the quality of customer 8
connection services. 9
(2) A distributor must not contravene the standards. 10
Maximum penalty--100 penalty units. 11
(3) QCA must, if the regulator asks, monitor, investigate and report to 12
the regulator on compliance with the standards. 13
PART 2--GAS INFRASTRUCTURE 14
Division 1--Preliminary 15
75 What is "gas infrastructure" and "gas infrastructure work" 16
(1) "Gas infrastructure" is the whole or any part of a distribution 17
pipeline or system the subject of a distribution authority. 18
(2) "Gas infrastructure work" is the installation, operation, 19
maintenance, repair, alteration or removal of gas infrastructure. 20
(3) For subsection (2), installation includes installation by way of 21
excavation. 22
76 What is a "public entity" 23
A "public entity" is-- 24
s 77 48 s 77
Gas Supply Bill 2003
(a) a government entity under the Government Owned Corporations 1
Act 1993, section 5; or 2
(b) a local government. 3
77 "Publicly controlled places" and their public entities 4
(1) A "publicly controlled place" is-- 5
(a) a State-controlled road under the Transport Infrastructure Act 6
1994; or 7
(b) a place for which a public entity is responsible that-- 8
(i) the public is entitled to use; or 9
(ii) is open to members of the public; or 10
(iii) is used by the public, whether or not on payment of money. 11
(2) However, "publicly controlled place" does not include any of the 12
following under the Transport Infrastructure Act 1994-- 13
(a) busway land; 14
(b) light rail land; 15
(c) a railway; 16
(d) rail corridor land.23 17
(3) The "public entity" for a publicly controlled place is the public 18
entity immediately and primarily responsible for the place. 19
23 For provisions relevant to gas infrastructure works for places mentioned in
subsection (2), see the Transport Infrastructure Act 1994 chapter 6 (Rail transport
infrastructure) chapter 7A, part 4 (Management of busway land and busway
transport infrastructure), divisions 3 (Public utility plant) and 4 (Use of busway
land) and chapter 7B, part 4 (Management of light rail land and light rail transport
infrastructure), divisions 3 (Public utility plant) and 4 (Use of light rail land).
s 78 49 s 80
Gas Supply Bill 2003
Division 2--Carrying out gas infrastructure work on publicly 1
controlled places 2
Subdivision 1--When work may be carried out 3
78 Right to carry out work on publicly controlled place 4
Subject to sections 79 and 88 and subdivision 2,24 a distributor may carry 5
out gas infrastructure work on a publicly controlled place if the place is 6
subject to, or is in the distribution area of, the distributor's distribution 7
authority. 8
79 Requirements for carrying out work 9
(1) A distributor may carry out gas infrastructure work on a publicly 10
controlled place only if-- 11
(a) the public entity has given its written approval for the carrying 12
out of the work; or 13
(b) the carrying out of the work is necessary because of an 14
emergency. 15
(2) If the work is carried out because of an emergency, the distributor 16
must, as soon as practicable, give the entity notice of the work. 17
80 Obtaining public entity's approval 18
(1) The distributor may, in writing, apply to the public entity for approval 19
to carry out the gas infrastructure work. 20
(2) The application must-- 21
(a) describe the work and how it is proposed to be carried out; and 22
(b) give particulars of where it is to be carried out; and 23
(c) be supported by other relevant information, reasonably required 24
by the entity, to enable it to consider the application. 25
24 Section 88 (Compliance with work direction)
Subdivision 2 (Obligations in carrying out work)
s 81 50 s 83
Gas Supply Bill 2003
(3) The entity must, within 30 business days after receiving the 1
information mentioned in subsection (2)(c), decide to grant or refuse the 2
approval. 3
(4) The entity must not unreasonably refuse to grant the approval. 4
81 Conditions of approval 5
(1) The public entity may impose conditions on the approval it considers 6
are reasonable. 7
8
Example of a possible condition--
9
A condition that, to minimise interference with public access to the place, the work
10
may be carried out only on stated days or at stated times.
(2) However, a condition about an alignment for gas infrastructure on, or 11
proposed to be built on, a road must ensure the alignment is-- 12
(a) situated to ensure reasonable protection for the infrastructure; 13
and 14
(b) if practicable, on the footpath or verge of the road. 15
16
Subdivision 2--Obligations in carrying out work 17
82 Application of sdiv 2 18
This subdivision applies if a distributor is carrying out gas infrastructure 19
work on a publicly controlled place. 20
83 Guarding 21
(1) This section applies if the distributor has opened or broken up (the 22
"interference") the place, or any part of the place. 23
(2) The distributor must, at all times while the interference continues, 24
ensure-- 25
(a) the interference is barricaded and guarded; and 26
(b) signs and lights sufficient to warn and guide the public are set up 27
and maintained against or near the interference. 28
s 84 51 s 86
Gas Supply Bill 2003
(3) If required by the public entity, the distributor must also set up and 1
maintain against or near the interference additional warning or protection 2
devices to safeguard the public while the interference continues. 3
(4) The requirement may be made-- 4
(a) before or during the carrying out of the work; and 5
(b) as well as any condition imposed under section 81. 6
84 Warning signs on roads 7
If the work is carried out on a road, lights and signs set up or maintained 8
to safeguard the public must be the appropriate official signs under the 9
Transport Operations (Road Use Management) Act 1995. 10
85 General obligations in carrying out work 11
(1) The distributor must-- 12
(a) complete the work as soon as practicable; and 13
(b) restore, as nearly as practicable, the relevant part of the place to 14
the condition it was in before the work started; and 15
(c) remove any rubbish or surplus earth caused by the work; and 16
(d) comply with-- 17
(i) conditions the public entity has imposed on any approval it 18
has given to carry out the work; and 19
(ii) any relevant provisions of the Gas (Residual Provisions) Act 20
and any other relevant law. 21
(2) If, in carrying out the work, the distributor causes damage to the 22
place, the distributor must fix the damage as soon as practicable. 23
86 Maintenance 24
(1) This section applies if the distributor has opened or broken up the 25
place or any part of it and has, under section 85, restored the place or part. 26
(2) The distributor must carry out maintenance to ensure the place or part 27
it is kept in good repair until the later of the following periods to end-- 28
(a) the period that ends 3 months after the restoration was finished; 29
s 87 52 s 88
Gas Supply Bill 2003
(b) if, because of the carrying out of the work or the restoration, the 1
ground at the place or part subsides within the 3 months, the 2
period that ends on the earlier of the following-- 3
(i) the day the subsidence ends; 4
(ii) the first anniversary of the day the restoration was finished. 5
(3) The maintenance must be carried out in the way agreed between the 6
public entity and the distributor. 7
Subdivision 3--Work directions 8
87 Power to give work direction 9
(1) This section applies if-- 10
(a) a distributor is carrying out, or has carried out, gas infrastructure 11
work on a publicly controlled place; and 12
(b) the public entity reasonably considers work should be, or should 13
have been, carried out to ensure compliance with a condition 14
imposed under section 81 or an obligation under subdivision 2.25 15
(2) The entity may give the distributor a notice (a "work direction") 16
directing the distributor to carry out stated work to comply with the 17
condition or obligation within a stated reasonable period. 18
(3) The work direction must-- 19
(a) identify the condition or obligation; and 20
(b) include, or be accompanied by, an information notice about the 21
decision to give the direction. 22
88 Compliance with work direction 23
(1) A distributor to whom a work direction has been given must comply 24
with the direction to the reasonable satisfaction of the public entity that 25
gave the direction. 26
25 Section 81 (Conditions of approval)
Subdivision 2 (Obligations in carrying out work)
s 89 53 s 92
Gas Supply Bill 2003
(2) If the distributor does not comply with subsection (1), the entity may 1
carry out the relevant work. 2
(3) In carrying out the work, the entity must comply with any relevant 3
provisions of the Gas (Residual Provisions) Act and any other relevant law. 4
89 Costs of carrying out directed work 5
(1) A distributor to whom a work direction has been given must bear the 6
costs of complying with the direction. 7
(2) If, under section 88(2), the public entity has carried out the relevant 8
work, it may recover from the distributor as a debt the amount of its 9
reasonable costs of carrying out the work. 10
Division 3--Public entity work 11
90 Application of div 3 12
This division applies if a public entity for a publicly controlled place 13
proposes to do work ("public entity work") that is likely to affect the 14
safety, location or operation of gas infrastructure. 15
91 Requirement to consult if gas infrastructure affected 16
(1) The public entity must give the distributor for the gas infrastructure a 17
notice stating-- 18
(a) details of the proposed public entity work; and 19
(b) that the distributor may, within a stated period, make written 20
submissions to the entity about the proposal. 21
(2) The stated period must not end before 30 business days after the 22
notice is given. 23
(3) Before deciding to make the change, the entity must consider any 24
written submission made by the distributor within the stated period. 25
92 Power to require consequential work 26
(1) This section applies if-- 27
(a) the public entity has complied with section 91; and 28
s 93 54 s 95
Gas Supply Bill 2003
(b) to carry out the public entity work, it is reasonably necessary for 1
any of the following work to be done ("consequential work")-- 2
(i) changing the position of the gas infrastructure; 3
(ii) carrying out other work in relation to the gas infrastructure. 4
(2) The entity may, by notice (a "consequential work requirement"), 5
require the distributor to do the consequential work within a stated 6
reasonable period. 7
93 Compliance with consequential work requirement 8
(1) A distributor of whom a consequential work requirement has been 9
made must comply with the requirement to the reasonable satisfaction of 10
the public entity that made the requirement. 11
(2) If the distributor does not comply with subsection (1), the entity may 12
carry out the relevant consequential work. 13
(3) In carrying out the work, the entity must comply with any relevant 14
provisions of the Gas (Residual Provisions) Act and any relevant law. 15
94 Costs of carrying out required consequential work 16
(1) A public entity must bear the costs of complying with any 17
consequential work requirement it makes. 18
(2) If the relevant distributor has complied with section 93(1), the 19
distributor may recover from the entity as a debt the amount of the 20
distributor's reasonable costs of carrying out the work. 21
Division 4--Gas infrastructure interfering with publicly controlled place 22
95 Application of div 4 23
This division applies if gas infrastructure on a publicly controlled place 24
interferes with the use of the place by the public entity or the public. 25
s 96 55 s 100
Gas Supply Bill 2003
96 Remedial action by public entity in emergency 1
If, because of an emergency, it is necessary to take action ("remedial 2
action") to ensure the gas infrastructure ceases to interfere with the use of 3
the place, the public entity may take the remedial action. 4
97 Power to require remedial action 5
The public entity may, by notice (a "remedial action requirement"), 6
require the distributor for the gas infrastructure to take remedial action 7
within a stated reasonable period. 8
98 Compliance with remedial action requirement 9
(1) A distributor of whom a remedial action requirement has been made 10
must comply with the requirement to the reasonable satisfaction of the 11
public entity that made the requirement. 12
(2) If the distributor does not comply with subsection (1), the entity may 13
take the relevant remedial action. 14
(3) In taking the remedial action, the entity must comply with any 15
relevant provisions of the Gas (Residual Provisions) Act and any other 16
relevant law. 17
99 Costs of taking required remedial action 18
(1) A public entity must bear the costs of complying with any remedial 19
action requirement it makes. 20
(2) If the relevant distributor has complied with section 98(1), the 21
distributor may recover from the entity as a debt the amount of the 22
distributor's reasonable costs of taking the action. 23
Division 5--Miscellaneous provisions 24
100 Ownership of gas infrastructure that becomes part of land 25
(1) Gas infrastructure owned by a distributor remains the distributor's 26
personal property despite-- 27
(a) it becoming part of any land; or 28
s 101 56 s 101
Gas Supply Bill 2003
(b) the sale or other disposal of the land. 1
(2) However, subsection (1) ceases to apply if the distributor agrees that 2
the gas infrastructure is no longer the distributor's property. 3
(3) This section applies despite-- 4
(a) an Act or law of a State; or 5
(b) a contract, covenant or claim of right under a law of a State. 6
(4) This section ceases to apply if-- 7
(a) the distribution authority is cancelled or otherwise ends; or 8
(b) the land on which the infrastructure is situated ceases to be land 9
subject to, or in the distribution area of, the authority. 10
(5) For subsection (4), if the term of the authority ends but, under 11
section 66,26 it is continued in force, the authority only ends if, under that 12
section, it stops being in force. 13
101 Compensation 14
(1) This section applies if a person (the "claimant") suffers a cost, 15
damage or loss because of the exercise, or purported exercise, of a power 16
under this part by a distributor. 17
(2) Compensation for the cost, damage or loss is payable by the 18
distributor to the claimant. 19
(3) The compensation may be claimed and ordered in a proceeding 20
brought in a court of competent jurisdiction. 21
26 Section 66 (Continuing effect of authority for renewal application)
s 102 57 s 104
Gas Supply Bill 2003
PART 3--CUSTOMER CONNECTION SERVICES 1
Division 1--Preliminary 2
102 Application of pt 3 3
This part only applies to an area distributor under a greenfield 4
distribution authority or other area distribution authority. 5
Division 2--Applying for and obtaining customer connection services 6
Subdivision 1--Applying for customer connection services 7
103 Who may apply for customer connection services 8
(1) Each person as follows may apply to a distributor for the provision of 9
customer connection services to premises within the distributor's 10
distribution area-- 11
(a) a person who owns or occupies the premises; 12
(b) a retailer, for a customer or proposed customer of the retailer. 13
(2) The application must be made in the way and give the information 14
reasonably required by the distributor. 15
104 Deciding application 16
(1) The distributor must decide to grant or refuse the application 17
within-- 18
(a) 10 business days after the application is made; or 19
(b) a longer period agreed between the distributor and the applicant. 20
(2) The distributor must decide to grant the application unless a limit 21
under section 109 on the obligation to provide customer connection 22
services applies. 23
(3) If the distributor decides to refuse the application, the distributor 24
must as soon as practicable, give the applicant notice stating that if the 25
s 105 58 s 105
Gas Supply Bill 2003
applicant disputes the decision, the applicant may, in the approved form, 1
refer the dispute to the regulator. 2
Subdivision 2--Steps after granting application 3
105 Distributor's obligation to propose terms 4
(1) If the distributor decides to grant the application, the distributor must, 5
within the relevant period, tell or give the applicant notice of, each of the 6
following-- 7
(a) that the application has been granted; 8
(b) the terms on which the distributor will provide the customer 9
connection services; 10
(c) that the applicant may ask for the terms in writing; 11
(d) if the customer is a protected customer--that the applicant may, 12
in writing, refer any dispute about the terms to the regulator. 13
(2) If the customer is a protected customer, the proposed terms must be 14
fair and reasonable. 15
(3) Also, if-- 16
(a) the services relate to natural gas transported through a covered 17
pipeline; and 18
(b) there is an approved access arrangement for the pipeline; 19
the terms must not be inconsistent with the access arrangement. 20
(4) If the applicant asks, the distributor must, as soon as practicable, give 21
the applicant notice of the terms. 22
(5) If the distributor does not comply with subsection (1) within the 23
relevant period the distributor is taken to have decided to refuse the 24
application. 25
(6) In this section-- 26
"relevant period" means-- 27
(a) 10 business days after the application is decided; or 28
(b) a longer period agreed between the distributor and the applicant 29
within the 10 business days. 30
s 106 59 s 108
Gas Supply Bill 2003
106 Customer connection contract 1
(1) If the distributor and the applicant agree about the terms for 2
providing the customer connection services, the agreement is called a 3
"customer connection contract".27 4
(2) The agreement may be oral or written. 5
107 Cooling-off period for customer connection contracts 6
(1) If a person enters into a customer connection contract and the 7
application for the customer connection services was not made by a retailer 8
for the customer, the person may, within 5 business days, elect to terminate 9
the contract. 10
(2) The election may be made only by notice given to the distributor. 11
(3) The termination ends any liability the person has accrued or incurred 12
under the contract, because of the termination or otherwise, for customer 13
connection services to the customer's premises, other than for charges for 14
the services actually provided under the contract. 15
108 Commencement of customer connection services 16
(1) If the distributor and the applicant enter into a customer connection 17
contract and the contract is not terminated under section 107, the 18
distributor must, subject to section 109, start to provide the customer 19
connection services at the time provided under this section. 20
(2) Generally, the distributor must use reasonable endeavours to comply 21
with the obligation within the required period after entering into the 22
contract. 23
(3) However, if, within the required period after entering into the 24
contract, the distributor requires any of the following the obligation 25
ceases-- 26
(a) the giving of security for the services in an amount and a way 27
that is fair and reasonable; 28
(b) the giving of a reasonable advance payment for the services. 29
27 See also section 125 (Operation of pt 4).
s 109 60 s 109
Gas Supply Bill 2003
(4) If the requirement is met, the distributor must use reasonable 1
endeavours to connect the premises within the required period after 2
meeting the requirement. 3
(5) In this section-- 4
"required period", after entering into the contract or meeting the 5
requirement, means-- 6
(a) if starting to provide the services only involves opening a 7
physical connection to the distributor's pipeline or system-- 8
(i) 5 business days; or 9
(ii) any longer period agreed to by the applicant within the 10
5 business days; 11
(b) if starting to provide the services involves more than opening a 12
physical connection to the distributor's pipeline or system-- 13
(i) a reasonable period; or 14
(ii) any longer period agreed to by the applicant. 15
109 Limits on provision of customer connection services 16
(1) The distributor is not obliged to provide the customer connection 17
services to a person's premises in any of the following circumstances-- 18
(a) providing the services-- 19
(i) contravenes safety requirements under the Gas (Residual 20
Provisions) Act or another relevant Act; or 21
(ii) contravenes technical requirements under the Gas (Residual 22
Provisions) Act or another relevant Act; or 23
(iii) would unreasonably interfere with the connection, transport 24
or sale of fuel gas to other customers; or 25
(iv) is denied or limited under an insufficiency of supply 26
direction; 27
(b) the distributor has asked the person to do any of the following 28
and the person has not complied with the request within a 29
reasonable period-- 30
(i) perform work, or changes to the person's fuel gas 31
installation, necessary to allow connection of the 32
distributor's meter to measure consumption of fuel gas; 33
s 110 61 s 112
Gas Supply Bill 2003
(ii) provide or maintain access, equipment, facilities, space or 1
anything else reasonably needed for the provision of the 2
services; 3
(c) a circumstance beyond the distributor's control prevents the 4
distributor from providing the customer connection services. 5
(2) Also, the obligation ceases to apply during any period in which the 6
provision of the services is discontinued under division 5 or under the Gas 7
(Residual Provisions) Act, section 60B.28 8
(3) This section does not prevent the distributor from lawfully providing 9
the customer connection services even though it is not obliged to do so. 10
Division 3--Changes to fuel gas installation 11
110 Application of div 3 12
This division applies if the distributor provides customer connection 13
services to a person's premises. 14
111 Obligation to give information to allow proposed changes 15
The distributor must, if asked by the person, give the person reasonable 16
information about the distributor's requirements to allow the person to 17
change or replace a fuel gas installation at the premises. 18
112 Applying to change connection 19
(1) The person may apply to the distributor to change the connection of a 20
fuel gas installation at the premises to the distributor's distribution system. 21
(2) The distributor must, subject to section 109,29 make the change 22
within a reasonable period and on fair and reasonable terms. 23
28 Division 5 (Discontinuance and recommencement)
Gas (Residual Provisions) Act, section 60B (Provisions with respect to defective or
dangerous fittings)
29 Section 109 (Limits on provision of customer connection services)
s 113 62 s 117
Gas Supply Bill 2003
Division 4--Provisions about what is fair and reasonable 1
113 Operation of div 4 2
This division makes special provisions for deciding what are fair and 3
reasonable terms for the provision of customer connection services or to 4
change the connection of a fuel gas installation at premises. 5
114 Terms approved by regulator 6
(1) If the terms of a customer connection contract are the same as the 7
terms of a relevant approved contract, the approval is evidence that the 8
terms of the customer connection contract are fair and reasonable. 9
(2) In this section-- 10
"relevant approved contract" means a form of customer connection 11
contract approved by the regulator for-- 12
(a) the customer connection services agreed to be provided under the 13
customer connection contract; or 14
(b) customer connection services of the same type. 15
115 Services provided under approved access arrangement 16
The terms are taken to be fair and reasonable if-- 17
(a) the services relate to natural gas transported through a covered 18
pipeline under the Gas Pipelines Access Law; and 19
(b) the terms comply with an access arrangement approved by the 20
relevant regulator under the laws. 21
116 Differing methods of charging 22
The mere use by a distributor of differing methods of charging for the 23
services to different customers is not unfair or unreasonable. 24
117 Customer connection contracts 25
The mere making of, or compliance with, a customer connection 26
contract by a distributor is not unfair or unreasonable. 27
s 118 63 s 119
Gas Supply Bill 2003
118 Differing security 1
(1) The mere requiring of differing security by a distributor is not unfair 2
or unreasonable. 3
(2) In this section-- 4
"differing security" means an agreement, advance payment or amount as 5
security for performance of obligations to the distributor under a 6
customer connection contract that-- 7
(a) is different to an agreement, payment or security the distributor 8
requires of another customer; and 9
(b) is not manifestly unfair. 10
119 Different terms that are reasonable 11
(1) This section applies if the distributor provides, or is to provide, the 12
services on different terms to different customers or types of customers. 13
(2) The mere imposition of the different terms is not unfair or 14
unreasonable if-- 15
(a) the circumstances required for providing the services are 16
different; and 17
(b) the terms reasonably reflect the impact on the distributor of the-- 18
(i) differences between the customers or types of customers; or 19
(ii) different circumstances; or 20
(iii) provisions of this Act or any relevant standard or code that 21
binds the distributor. 22
23
Examples of different circumstances--
24
1. The quantities of fuel gas supplied to the customers or types of
25
customers.
26
2. The geographical location of the customers or types of
27
customers.
28
3. The periods for which the services are to be provided.
s 120 64 s 120
Gas Supply Bill 2003
Division 5--Discontinuance and recommencement 1
120 When distributor may discontinue 2
(1) The distributor may discontinue the provision of customer 3
connection services to a person's premises on a ground mentioned in 4
subsection (3). 5
(2) The discontinuance may be to the extent and for the period that the 6
distributor reasonably believes is appropriate in the circumstances. 7
(3) For subsection (1), the ground is each of the following-- 8
(a) because of an emergency or for a health or safety reason; 9
(b) the discontinuance has been directed under the Gas (Residual 10
Provisions) Act, section 60A;30 11
(c) to carry out work that needs to be carried out without delay to 12
prevent an emergency or a health or safety incident; 13
(d) to carry out work to the distributor's distribution system if-- 14
(i) the work is reasonably required and is done at a reasonable 15
time; and 16
(ii) the person is given reasonable notice of the discontinuance; 17
(e) a ground for discontinuance under a relevant customer 18
connection or retail contract; 19
(f) customer connection services to the premises are denied or 20
limited under an insufficiency of supply direction; 21
(g) the customer has contravened section 130.31 22
(4) This section does not limit or otherwise affect a requirement under 23
the Gas (Residual Provisions) Act, section 60B,32 to disconnect or not to 24
reconnect. 25
30 The Gas (Residual Provisions) Act, section 60A (Provisions to ensure standard and
safety requirements complied with)
31 Section 130 (Customer must provide safe access)
32 The Gas (Residual Provisions) Act, section 60B (Provisions with respect to
defective or dangerous fittings)
s 121 65 s 121
Gas Supply Bill 2003
121 Request by retailer to discontinue 1
(1) The retailer for a customer to whose premises the distributor provides 2
customer connection services may, by notice (a "discontinuance 3
request"), ask the distributor to discontinue the services-- 4
(a) if-- 5
(i) under chapter 3, part 2,33 the retailer is not obliged to 6
provide, or continue to provide, customer retail services to 7
the premises; and 8
(ii) the retailer has given the customer at least 2 notices 9
("customer notices") of the retailer's intention to ask the 10
distributor to discontinue customer connection services to 11
the premises; or 12
(b) because of a ground mentioned in section 120(3); or 13
(c) if the customer asks the retailer to arrange for the discontinuance. 14
(2) The customer notices must-- 15
(a) be given at an interval of at least 1 week; and 16
(b) state each of the following-- 17
(i) the grounds on which the retailer proposes to give the 18
discontinuance request; 19
(ii) the day on which the retailer proposes to give the 20
discontinuance request; 21
(iii) that if the customer disputes that the retailer is not obliged 22
to provide, or continue to provide, the services the customer 23
may, in writing, refer the dispute to the regulator. 24
(3) The stated day must be at least 10 business days after the first 25
customer notice is given. 26
(4) The discontinuance request must state-- 27
(a) the reason for the request; and 28
(b) if the reason for the request is that the retailer is not obliged to 29
provide, or continue to provide, customer retail services to the 30
premises--that subsection (1)(a) and (2) have been complied 31
with. 32
33 Chapter 3, part 2 (Customer retail services)
s 122 66 s 124
Gas Supply Bill 2003
122 When distributor must discontinue 1
If the distributor receives a discontinuance request, the distributor must, 2
within 5 business days, comply with the request unless-- 3
(a) a retailer has given the distributor notice that the retailer wishes 4
to sell reticulated fuel gas to the person's premises; or 5
(b) the distributor reasonably believes it would be unsafe or 6
impractical to comply.34 7
123 Recommencement 8
(1) This section applies if-- 9
(a) under section 122, the distributor has discontinued the provision 10
of customer connection services to a customer's premises; and 11
(b) a retailer gives the distributor a notice asking for the services to 12
be recommenced. 13
(2) If the relevant fuel gas installation and meters comply with all 14
requirements under the Gas (Residual Provisions) Act and any other 15
relevant Act, the distributor must recommence the services within 5 16
business days. 17
(3) The obligation to recommence is subject to the limits on the 18
distributor's obligation to provide customer connection services under 19
section 109. 20
(4) If no customer connection contract applies to the recommenced 21
services, they must be provided on fair and reasonable terms. 22
124 Compensation for failure to discontinue or recommence 23
(1) This section applies if a distributor contravenes section 122 or 123 24
and a person as follows (the "claimant") suffers a cost, damage or loss 25
because of the contravention-- 26
(a) a person who wants to recommence fuel gas supply; 27
(b) for section 122--the retailer who made the discontinuance 28
request; 29
34 See also the Gas (Residual Provisions) Act, section 60B (Provisions with respect to
defective or dangerous fittings).
s 125 67 s 127
Gas Supply Bill 2003
(c) for section 123--the retailer that gave the notice asking for 1
services to be recommenced. 2
(2) Compensation for the cost, damage or loss is payable by the 3
distributor to the claimant. 4
(3) The compensation may be claimed and ordered in a proceeding 5
brought in a court of competent jurisdiction. 6
PART 4--METER AND CONTROL APPARATUS 7
REQUIREMENTS 8
125 Operation of pt 4 9
(1) This part imposes obligations for the provision of customer 10
connection services to non-contestable customers. 11
(2) The obligations are taken to be terms of each customer connection 12
contract between a distributor or retailer and a non-contestable customer. 13
126 Distributor must provide meter 14
(1) The distributor must, unless the distributor and the customer 15
otherwise agree, provide, install and maintain a meter used or to be used to 16
measure or record reticulated fuel gas transported to the premises. 17
Maximum penalty--20 penalty units. 18
(2) Subsection (1) is subject to section 131. 19
127 Matters that may be considered for placement 20
In deciding placement of a meter the distributor may consider-- 21
(a) safe access; and 22
(b) aesthetics; and 23
(c) protection against damage from-- 24
(i) mechanisms; or 25
(ii) vibration; or 26
s 128 68 s 130
Gas Supply Bill 2003
(iii) the effects of weather; or 1
(iv) corrosive atmosphere. 2
128 Placing meter on customer's premises 3
(1) The customer must, at the customer's cost-- 4
(a) provide on the customer's premises space, housing, mounting 5
and connecting facilities for each meter; and 6
(b) maintain the facilities in a safe and sound condition. 7
(2) The facilities must be in a position that meets the distributor's 8
reasonable requirements. 9
129 Change of meter placement 10
(1) This section applies if, because of building changes or similar works, 11
the position of a meter no longer meets the distributor's reasonable 12
requirements for its placement. 13
(2) The customer must provide space, housing, mounting and connecting 14
facilities in another position on the customer's premises that meets the 15
requirements. 16
(3) If the distributor relocates the meter to meet the requirements, the 17
distributor may, by notice, require the customer to pay the distributor the 18
amount of the distributor's costs reasonably incurred in relocating the 19
meter. 20
(4) If the customer does not comply with the notice, the distributor may 21
recover the amount from the customer as a debt. 22
130 Customer must provide safe access 23
The customer must not prevent the distributor's distribution officers 24
from safely exercising a power under section 138.35 25
35 Section 138 (Power to enter--general)
s 131 69 s 132
Gas Supply Bill 2003
131 Alternative measurement 1
(1) This section applies if the distributor reasonably believes the 2
customer has contravened section 130 by preventing any distribution 3
officer of the distributor from safely reading or testing a meter connected to 4
the distributor's distribution pipeline or system. 5
(2) The distributor may, by notice, require the customer to remedy the 6
contravention within a stated period of at least 1 month. 7
(3) If the customer does not comply with the notice, the distributor may 8
install alternative metering or other equipment to measure or record 9
reticulated fuel gas transported to the premises by remote or other suitable 10
ways. 11
(4) Subsection (3) does not limit section 12036 or another remedy the 12
distributor has against the customer. 13
(5) If the distributor acts under subsection (3), the distributor may, by 14
notice, require the customer to pay the distributor the amount of the 15
distributor's costs reasonably incurred in taking the action. 16
(6) If the customer does not comply with the notice, the distributor may 17
recover the amount from the customer as a debt. 18
PART 5--DISTRIBUTION OFFICERS 19
Division 1--Appointment and functions 20
132 Appointment 21
(1) A distributor may appoint distribution officers to perform the 22
functions mentioned in section 133. 23
(2) However, the distributor may appoint a person under subsection (1) 24
only if the person is appropriately qualified for the appointment and has the 25
necessary expertise or experience. 26
(3) Subject to subsection (2), an officer of a retailer may be appointed as 27
a distribution officer. 28
36 Section 120 (When distributor may discontinue)
s 133 70 s 136
Gas Supply Bill 2003
133 Functions 1
A distribution officer's functions are to-- 2
(a) install and maintain the distributor's gas infrastructure; and 3
(b) read or test meters connected to the distributor's distribution 4
pipeline or system; and 5
(c) ensure the distributor's gas infrastructure is safe; and 6
(d) prevent or deal with an emergency involving, or that may 7
involve, fuel gas transported through the distributor's distribution 8
pipeline or system. 9
134 Distribution officers are public officials for particular functions 10
A distribution officer is declared to be a public official for the Police 11
Powers and Responsibilities Act 2000 if the officer is, or is proposing to, 12
perform a function mentioned in section 133(c) or (d).37 13
135 Issue of identity card 14
(1) A distributor must issue an identity card to each of its distribution 15
officers. 16
(2) The identity card must-- 17
(a) contain a recent photo of the person; and 18
(b) contain a copy of the person's signature; and 19
(c) identify the person as a distribution officer for the distributor; and 20
(d) state an expiry date for the card. 21
136 Production or display of identity card 22
(1) In exercising a power under division 2 in relation to another person, a 23
distribution officer must-- 24
(a) produce his or her identity card for the person's inspection before 25
exercising the power; or 26
37 See the Police Powers and Responsibilities Act 2000, chapter 1, part 3, division 2
(Helping public officials).
s 137 71 s 139
Gas Supply Bill 2003
(b) have the identity card displayed so it is clearly visible to the 1
person when exercising the power. 2
(2) However, if it is not practicable to comply with subsection (1), the 3
officer must produce the identity card for the person's inspection at the first 4
reasonable opportunity. 5
137 Return of identity card 6
A person who ceases to be a distribution officer must return the person's 7
identity card to the distributor within 20 business days after ceasing to be a 8
distribution officer, unless the person has a reasonable excuse. 9
Maximum penalty--20 penalty units. 10
Division 2--Powers of entry 11
138 Power to enter--general 12
(1) A distribution officer may enter a place to-- 13
(a) install, maintain or take away the distributor's gas infrastructure; 14
or 15
(b) read or test a meter connected to the distributor's distribution 16
pipeline or system. 17
(2) However, the officer can not under subsection (1)-- 18
(a) enter a part of the place where a person resides; or 19
(b) enter the place between 5 p.m. on any day and 8 a.m. on the next 20
day. 21
(3) The power under subsection (1) may be exercised without the 22
consent of, or notice to, the occupier of the place. 23
139 Power to enter to make gas infrastructure safe 24
(1) A distribution officer may enter a place to make the distributor's gas 25
infrastructure safe if the occupier of the place has been given at least 26
48 hours notice of the entry. 27
(2) However, the officer can not under subsection (1)-- 28
(a) enter a part of the place where a person resides; or 29
s 140 72 s 141
Gas Supply Bill 2003
(b) enter the place between 5 p.m. on any day and 8 a.m. on the next 1
day. 2
(3) The power under subsection (1) may be exercised without the 3
occupier's consent. 4
140 Power to enter for emergency 5
(1) A distribution officer may enter a place to prevent or deal with an 6
emergency involving, or that may involve, fuel gas transported through the 7
distributor's distribution pipeline. 8
(2) The power under subsection (1) may be exercised without the 9
consent of, or notice to, the occupier of the place. 10
(3) However, if the occupier is present at the place, before entering the 11
place, the officer must do, or make a reasonable attempt to do, the 12
following things-- 13
(a) comply with section 13638 for the occupier; 14
(b) tell the occupier the purpose of the entry; 15
(c) seek the consent of the occupier to the entry; 16
(d) tell the occupier the officer is permitted under this Act to enter 17
the place without the occupier's consent. 18
(4) Also, if the occupier is not present at the place, the officer must take 19
reasonable steps to advise the occupier of the officer's intention to enter the 20
place. 21
(5) Subsections (3) and (4) do not require the officer to take a step that 22
the officer reasonably believes may frustrate or otherwise hinder the 23
prevention or dealing with the emergency. 24
141 Power to enter common property unaffected 25
(1) The powers under this division are in addition to and do not limit a 26
distribution officer's power, under the Body Corporate and Community 27
Management Act 1997, section 263,39 to enter common property. 28
38 Section 136 (Production or display of identity card)
39 Body Corporate and Community Management Act 1997, section 263 (Powers of
entry by local government, utility service provider or other authorised entity)
s 142 73 s 143
Gas Supply Bill 2003
(2) However, if the entry is also authorised under this division, 1
section 145 applies to the entry. 2
Division 3--Safeguards 3
142 Duty to avoid damage 4
In performing a function or exercising a power under this part, a 5
distribution officer must take all reasonable steps to ensure the officer 6
causes as little inconvenience, and does as little damage as is practicable. 7
143 Notice of damage 8
(1) This section applies if a distribution officer damages something when 9
performing a function or exercising a power under this part. 10
(2) However, this section does not apply to damage the officer 11
reasonably considers is trivial or if the officer reasonably believes-- 12
(a) there is no-one apparently in possession of the thing; or 13
(b) the thing has been abandoned. 14
(3) The officer must promptly give notice of the damage to the person 15
who appears to the officer to be the owner or person in possession of the 16
thing. 17
(4) However, if for any reason it is not practicable to comply with 18
subsection (3), the officer must-- 19
(a) leave the notice at the place where the damage happened; and 20
(b) ensure it is left in a conspicuous position and in a reasonably 21
secure way. 22
(5) The officer may delay complying with subsection (3) or (4) if the 23
officer is exercising a power under section 139 or 140. 24
(6) However, the delay may be only for so long as it is reasonably 25
necessary-- 26
(a) for section 139--to make the gas infrastructure safe; or 27
(b) for section 140--to prevent or deal with the emergency. 28
s 144 74 s 146
Gas Supply Bill 2003
144 Content of notice of damage 1
(1) A notice of damage under section 143 must state-- 2
(a) particulars of the damage; and 3
(b) that the person who suffered the damage may claim 4
compensation under section 145. 5
(2) If the distribution officer believes the damage was caused by a latent 6
defect in the thing or circumstances beyond the officer's control, the officer 7
may state the belief in the notice. 8
145 Compensation from distributor to owner or occupier 9
(1) This section applies if an owner or occupier of land (the "claimant") 10
suffers a cost, damage or loss because of performance, or purported 11
performance or the exercise, or purported exercise, of a function or power 12
under this part by a distribution officer. 13
(2) Compensation for the cost, damage or loss is payable by the 14
distributor to the claimant. 15
(3) The compensation may be claimed and ordered in a proceeding 16
brought in a court of competent jurisdiction. 17
PART 6--MARKET OPERATING ARRANGEMENTS IN 18
NATURAL GAS MARKET 19
146 Regulation-making power for arrangements 20
(1) A regulation may-- 21
(a) provide for arrangements relating to the operation or use of-- 22
(i) a distribution pipeline that is a covered pipeline; or 23
(ii) a transmission pipeline, to the extent its operation or use 24
affects the operation or use of a distribution pipeline that is a 25
covered pipeline; and 26
27
Examples of arrangements that may be provided for--
28
1. The registration and identification of, or access to, delivery points.
s 147 75 s 147
Gas Supply Bill 2003
1
2. The provision of meters and telemetry equipment.
2
3. The nature and storage of information and the communication of, and
3
access to, that information.
4
4. Gas nomination and balancing.
5
5. Consumer transfer processes.
(b) impose stated terms on the arrangements; and 6
(c) provide for the legal effect or enforcement of the terms, 7
including, for example, by dispute resolution, arbitration or court 8
proceedings. 9
(2) The regulation may apply, adopt or incorporate a code of conduct, or 10
an amendment of a code of conduct, made by the Minister about the 11
arrangements mentioned in subsection (1). 12
(3) The code, or amendment of the code, does not take effect unless it is 13
approved under a regulation. 14
147 Tabling and inspection of code of conduct 15
(1) This section applies if, under section 146(2), a regulation applies, 16
adopts or incorporates a code of conduct, or an amendment of a code of 17
conduct. 18
(2) The Minister must, within 14 sitting days after the regulation is 19
gazetted, table a copy of the code, or the amendment or amended code, in 20
the Legislative Assembly. 21
(3) The Minister must keep a copy of the code, as in force from time to 22
time, open for inspection, free of charge, by members of the public during 23
office hours on business days at-- 24
(a) the department's head office; and 25
(b) other places the Minister considers appropriate. 26
(4) A failure to comply with this section does not invalidate or otherwise 27
affect the code or the regulation. 28
s 148 76 s 149
Gas Supply Bill 2003
CHAPTER 3--SUPPLY OF RETICULATED 1
FUEL GAS 2
PART 1--RETAIL AUTHORITIES 3
Division 1--Applying for and obtaining retail authority 4
Subdivision 1--Application 5
148 Who may apply for retail authority 6
(1) A person may, in the approved form, apply to the regulator for a retail 7
authority. 8
(2) However, a person can not apply for an area retail authority if the 9
retail area for the proposed authority is or includes the retail area of an 10
existing retail authority. 11
(3) Also, a distributor can not apply for a retail authority to provide 12
customer retail services relating to processed natural gas to be transported 13
through a pipeline if the distributor provides customer connection services 14
relating to processed natural gas transported through a covered pipeline.40 15
149 Requirements for application 16
The application must-- 17
(a) state whether it is for an area or general retail authority; and 18
(b) if it is for an area retail authority-- 19
(i) describe the area; and 20
(ii) state whether it is for an exclusive retail authority; and 21
(c) if it is for an exclusive retail authority-- 22
(i) state the contestable customers, or type of contestable 23
customer, for which the exclusive right is sought; and 24
40 See also sections 168 (Ring fencing requirement) and 181 (Conditions for
amendment, cancellation or suspension).
s 150 77 s 151
Gas Supply Bill 2003
(ii) state the prices the applicant proposes for the provision of 1
customer retail services under the authority; and 2
(d) be accompanied by the fee prescribed under a regulation. 3
150 Public notice by regulator and submissions 4
(1) This section does not apply if the applicant holds a corresponding 5
authority for the retail authority. 6
(2) Before deciding the application, the regulator must-- 7
(a) publish in a Statewide newspaper a notice stating each of the 8
following-- 9
(i) that an application for a retail authority has been made; 10
(ii) the applicant's name; 11
(iii) if the application is for an area retail authority--a 12
description of the area; 13
(iv) if the application is for an exclusive retail authority--the 14
contestable customers, or type of contestable customer, for 15
which the exclusive right is sought; 16
(v) a period of at least 20 business days during which anyone 17
may make written submissions to the regulator about the 18
application; 19
(vi) where the application, other than any part of the application 20
that is FOI exempt matter, may be inspected; and 21
(b) consider written submissions about the application made to the 22
regulator within the stated period. 23
151 Deciding application 24
(1) The regulator must decide whether to grant or refuse the application. 25
s 152 78 s 153
Gas Supply Bill 2003
(2) If the regulator decides to grant the application, the regulator may 1
impose conditions on the retail authority the regulator considers 2
appropriate.41 3
152 Criteria for deciding application 4
(1) The regulator may decide to grant the application only if satisfied the 5
applicant is a suitable person to hold the retail authority. 6
(2) For subsection (1), the regulator may consider any of the following 7
(the "suitability criteria"), to the extent they are relevant to the 8
applicant's competence to hold the retail authority-- 9
(a) ability to provide an adequate level of customer retail services; 10
(b) financial capacity; 11
(c) commercial and other dealings and the standard of honesty and 12
integrity shown in the dealings; 13
(d) failure to perform contractual or statutory obligations and the 14
reasons for the failure; 15
(e) criminal history; 16
(f) knowledge of, or experience in, the gas or energy industries; 17
(g) if the applicant is a corporation--the matters mentioned in 18
paragraphs (a) to (f) for persons who are executive officers of, or 19
substantial shareholders in, the corporation. 20
(3) However, the regulator may, without regard to any of the suitability 21
criteria, decide the applicant is a suitable person to hold the retail authority 22
if the applicant holds a corresponding authority. 23
(4) In deciding the application, the regulator must consider any relevant 24
government policies about energy issues. 25
153 Additional criteria for exclusive retail authority application 26
If the application is for an exclusive retail authority, the regulator must 27
also consider each of the following-- 28
41 See also division 2 (Retail authority conditions).
s 154 79 s 155
Gas Supply Bill 2003
(a) the criteria mentioned in annexure E42 to the national gas 1
agreement to the extent they are relevant to the application; 2
(b) whether the applicant is the most suitable person to hold the 3
authority; 4
(c) the public interest; 5
(d) the prices the applicant proposes for the provision of customer 6
retail services under the authority. 7
154 Term of authority 8
(1) This section applies if the regulator decides to grant the application. 9
(2) If the application is for an exclusive retail authority, the regulator 10
must decide the term of the authority of no more than 5 years. 11
(3) If the application is other than for an exclusive retail authority, the 12
regulator may decide to grant the authority for a stated term. 13
(4) If no term is decided for a retail authority other than an exclusive 14
retail authority, it continues in force unless cancelled or surrendered under 15
this part. 16
Subdivision 2--Steps after deciding application 17
155 Notice of decision to grant application 18
(1) If the regulator decides to grant the application, the regulator must, as 19
soon as practicable, give the applicant notice ("decision notice") stating 20
each of the following-- 21
(a) the decision; 22
(b) the conditions the regulator has decided to impose on the 23
authority;43 24
(c) any other matter relevant to the grant of the authority; 25
(d) a period after the giving of the decision notice for the applicant to 26
give the regulator notice ("acceptance notice") that the 27
42 Annexure E to the national gas agreement (Franchising principles)
43 For conditions that are automatically imposed under this Act, see division 2 (Retail
authority conditions).
s 156 80 s 157
Gas Supply Bill 2003
applicant agrees to the conditions, or the conditions with changes 1
to which the regulator has agreed; 2
(e) the application will be taken to have lapsed unless the applicant 3
gives an acceptance notice within the period or later period as 4
extended by the regulator. 5
(2) The stated period must end at least 20 business days after the 6
applicant is given the decision notice. 7
(3) The regulator may, by notice given to the applicant before the stated 8
period ends, extend the period for giving an acceptance notice. 9
156 Lapsing of application if conditions not accepted 10
The regulator is taken to have decided to refuse the application if-- 11
(a) the regulator has given the applicant a decision notice; and 12
(b) the applicant has not given the regulator an acceptance notice 13
within the period stated in the notice, or if the regulator has 14
extended the period for giving an acceptance notice, the extended 15
period. 16
157 Issue and public notice of authority 17
(1) This section applies if the applicant gives the regulator an acceptance 18
notice within the period stated in the notice, or if the regulator has extended 19
the period for giving an acceptance notice, the extended period. 20
(2) The regulator must, as soon as practicable-- 21
(a) issue the applicant the retail authority; and 22
(b) publish a notice about the authority in a Statewide newspaper.44 23
(3) The notice must state-- 24
(a) that the applicant has been issued a retail authority; and 25
(b) each of the following about the authority-- 26
(i) its type; 27
(ii) if it is an area retail authority--its retail area; 28
44 See also chapter 6, part 6 (Register of authorities).
s 158 81 s 160
Gas Supply Bill 2003
(iii) if it is an exclusive retail authority--the contestable 1
customers, or type of contestable customer, the subject of 2
the authority; 3
(iv) if it has been issued for a term--its term; and 4
(c) the conditions of the authority, or where they may be inspected. 5
158 Information notice about refusal 6
If the regulator decides to refuse the application, the regulator must, as 7
soon as practicable, give the applicant an information notice about the 8
decision. 9
Division 2--Retail authority conditions 10
Subdivision 1--Preliminary 11
159 Operation of div 2 12
(1) This division imposes conditions on each retail authority that apply 13
as well as any conditions stated in the authority. 14
(2) If an imposed condition conflicts with a condition stated in the 15
authority, the imposed condition prevails to the extent of the inconsistency. 16
(3) As well as imposing a condition, sections 162, 163, 169, 170 and 17
17145 also impose a penalty. 18
Subdivision 2--Information, charges and accounts 19
160 Publication obligations 20
(1) A retailer must-- 21
(a) make available for inspection by any customer of the retailer, 22
during office hours on business days-- 23
45 Sections 162 (Account intervals), 163 (Requirement content for accounts), 169
(Restriction on general retailers), 170 (Exclusive rights must not be contravened)
and 171 (Area retailers--restriction for non-contestable customers)
s 161 82 s 161
Gas Supply Bill 2003
(i) each customer retail contract the customer has with the 1
retailer (a "relevant contract") or a document that 2
identifies the parties to each relevant contract and describes 3
its terms; and 4
(ii) a customer information statement; and 5
(b) if the customer requires, give the customer a copy of a stated 6
relevant contact or a document that identifies the parties to the 7
contract and describes its terms. 8
(2) The inspection or copy must be free of charge. 9
(3) The customer information statement must include-- 10
(a) a summary of the dispute resolution procedures under chapter 5, 11
part 2; and 12
(b) a telephone number for the regulator at which advice may be 13
obtained about how to refer a dispute under chapter 5, part 2; and 14
(c) a telephone number for the retailer at which information may be 15
obtained about the provision of customer retail services by the 16
retailer and matters related to the provision of the services. 17
(4) The obligations under subsection (1)(a) in relation to a document 18
may be complied with by publishing it on the retailer's website on the 19
internet. 20
161 Information obligations to customers 21
A retailer must, before the retailer starts to sell fuel gas to a customer's 22
premises, give the customer a notice stating that the customer may-- 23
(a) inspect, free of charge, during office hours on business days-- 24
(i) the customer's customer retail contract for the premises or a 25
document that identifies the parties to the contract and 26
describes its terms; and 27
(ii) a summary of the dispute resolution procedures under 28
chapter 5, part 2; and 29
(b) require the retailer to give the customer a copy of the contact or 30
document, free of charge. 31
s 162 83 s 163
Gas Supply Bill 2003
162 Account intervals 1
A retailer must give each of its customers an account for customer retail 2
services provided to the customer at least once every 3 months. 3
Maximum penalty--100 penalty units. 4
163 Required content for accounts 5
An account from a retailer to a customer must state each of the 6
following-- 7
(a) the customer's name, mailing address and bill number; 8
(b) the address of the premises at which the relevant customer retail 9
services were given; 10
(c) the days on which the account period started and ended; 11
(d) the total charge the customer must pay; 12
(e) the charges for services provided or arranged by the retailer; 13
(f) for the charge mentioned in paragraph (e), the amount of the 14
charges for-- 15
(i) fuel gas sales; and 16
(ii) other services; 17
(g) the day by which the total charge must be paid; 18
(h) the amount of any arrears and the day by which the arrears must 19
be paid; 20
(i) the amount of any credit received; 21
(j) the methods by which an amount owing to the retailer may be 22
paid; 23
(k) particulars of relevant meter readings; 24
(l) the estimated or measured amount of fuel gas supplied, in MJ; 25
(m) particulars of any rates of charge for the fuel gas supplied; 26
(n) a contact telephone number at which the retailer will answer 27
account inquiries; 28
(o) particulars, in MJ, of the average daily consumption of all fuel 29
gas supplied during the account period; 30
s 164 84 s 165
Gas Supply Bill 2003
(p) if the retailer gave the customer an account for the corresponding 1
account period in the previous year--particulars, in MJ, of the 2
average daily consumption of all fuel gas supplied during that 3
account period; 4
(q) a contact telephone number at which the distributor can be 5
advised of any matter mentioned in section 48(1).46 6
Maximum penalty--100 penalty units. 7
Subdivision 3--Discontinuance and recommencement 8
164 Notice requirements for discontinuance 9
A retailer must not give, or purport to give, a distributor a discontinuance 10
request on the ground that the retailer is not obliged to provide, or continue 11
to provide, customer retail services to the customer unless the retailer has 12
given the customer notices as required under section 121.47 13
165 Obligation to give recommencement notice 14
If, under section 122,48 the distributor has discontinued the provision of 15
customer connection services to a customer's premises, the retailer must 16
give the distributor notice under section 12349 asking for the services to be 17
recommenced if the customer-- 18
(a) asks the retailer to give the notice; and 19
(b) if the discontinuance was other than at the customer's 20
request--remedies the ground on which the discontinuance was 21
based; and 22
(c) pays the retailer any reasonable fee the retailer requires for the 23
recommencement.50 24
46 Section 48 (Contingency practices and procedures)
47 Section 121 (Request by retailer to discontinue)
48 Section 122 (When distributor must discontinue)
49 Section 123 (Recommencement)
50 See however section 228(1) (Fixing of prices for customer retail services or
on-supply).
s 166 85 s 169
Gas Supply Bill 2003
Subdivision 4--Other conditions 1
166 General conditions 2
A retailer must-- 3
(a) pay amounts required to be paid under the authority or this Act; 4
and 5
(b) in carrying out activities under the authority, comply with this 6
Act, the Gas (Residual Provisions) Act and all other relevant 7
laws. 8
167 General right of retailer 9
(1) Any retailer may provide customer retail services to a contestable 10
customer, anywhere in the State. 11
(2) However, a contestable customer the subject of an exclusive retail 12
authority may be provided customer retail services only by the exclusive 13
retailer. 14
168 Ring fencing requirement 15
A retailer must not transport processed natural gas through a pipeline if 16
the retailer provides customer retail services relating to processed natural 17
gas transported through a covered pipeline.51 18
169 Restriction on general retailers 19
A general retailer must not provide customer retail services to a 20
non-contestable customer. 21
Maximum penalty--500 penalty units. 22
51 See also sections 148 (Who may apply for retail authority) and 181 (Conditions for
amendment, cancellation or suspension).
s 170 86 s 175
Gas Supply Bill 2003
170 Exclusive rights must not be contravened 1
A retailer must not provide customer retail services to a customer, or 2
type of customer, the subject of an exclusive retail authority unless the 3
retailer holds the exclusive retail authority. 4
Maximum penalty--500 penalty units. 5
171 Area retailers--restriction for non-contestable customers 6
An area retailer must not provide customer retail services to a 7
non-contestable customer outside the retail area of the retailer's retail 8
authority unless the services are provided under another area retail 9
authority. 10
Maximum penalty--500 penalty units. 11
172 Telephone hotline 12
(1) A retailer must operate a telephone service to which its customers 13
can, at any time, tell the retailer about difficulties and faults with gas 14
infrastructure. 15
(2) The service must be operated on the basis that the cost of telephoning 16
it is no more than the cost of a local telephone call. 17
173 Compliance with contingency supply plan requirements 18
A retailer must comply with chapter 4, part 2. 52
19
174 Participation in retailer of last resort scheme 20
A retailer must comply with the retailer of last resort scheme to the 21
extent it applies to the retailer. 22
175 Conditions imposed under a regulation 23
(1) A retailer must comply with-- 24
(a) any conditions prescribed under a regulation for, or relating to, 25
the provision of customer retail services; or 26
52 Chapter 4, part 2 (Contingency supply plans)
s 176 87 s 178
Gas Supply Bill 2003
(b) any code, intergovernmental agreement, protocol or other 1
agreement prescribed under a regulation. 2
(2) A code or agreement may be prescribed only if it relates to the 3
provision of customer retail services. 4
Division 3--Amendment, cancellation and suspension of retail authority 5
Subdivision 1--Amendment by regulator 6
176 Amendments for which proposed action notice is not required 7
The regulator may amend a retail authority at any time by giving the 8
relevant retailer notice of the amendment and recording particulars of the 9
amendment in the register if the amendment-- 10
(a) is to correct a clerical or formal error; or 11
(b) does not affect the interests of the retailer or anyone else and the 12
retailer has, in writing, agreed to the amendment. 13
177 Amendments for which proposed action notice is required 14
The regulator may amend a retail authority if-- 15
(a) the regulator considers the amendment necessary or desirable; 16
and 17
(b) the procedure under subdivision 5 is followed. 18
178 Imposed condition can not be amended 19
The regulator can not amend a condition of a retail authority imposed 20
under division 2. 21
s 179 88 s 181
Gas Supply Bill 2003
Subdivision 2--Amendment by application 1
179 Applying for amendment 2
(1) A retailer may, in the approved form, apply to the regulator to amend 3
its authority in a stated way, other than to amend a condition imposed under 4
division 2. 5
(2) The application must be accompanied by the fee prescribed under a 6
regulation. 7
(3) Subsection (1) does not limit section 193(3).53 8
180 Deciding application 9
(1) The regulator must decide to make or refuse to make the amendment. 10
(2) If the decision is to make the amendment, the regulator must, as soon 11
as practicable, make the amendment to the retail authority and give the 12
applicant notice of the decision. 13
(3) If the decision is to refuse to make the amendment, the regulator 14
must, as soon as practicable, give the applicant an information notice about 15
the decision. 16
Subdivision 3--Cancellation and suspension 17
181 Conditions for amendment, cancellation or suspension 18
(1) The regulator may cancel or suspend a retail authority if-- 19
(a) an event mentioned in subsection (2) has happened; and 20
(b) either-- 21
(i) for immediate suspension--the procedure under section 182 22
is followed; or 23
(ii) for cancellation or suspension other than immediate 24
suspension--the procedure under subdivision 5 is followed. 25
(2) For subsection (1), the event is that the retailer-- 26
53 Section 193(3) (Deciding transfer application)
s 182 89 s 182
Gas Supply Bill 2003
(a) obtained the authority because of a materially false or misleading 1
declaration or representation, made orally or in writing; or 2
(b) is, or is likely to become, unsuitable to hold, or continue to hold, 3
the authority, including, for example because of a contravention 4
of any of the following by the retailer or, if the retailer is a 5
corporation, any executive officer of, or substantial shareholder 6
in, the corporation-- 7
(i) this Act; 8
(ii) the Gas (Residual Provisions) Act or another relevant Act; 9
(iii) a direction given under this Act or the Gas (Residual 10
Provisions) Act or another relevant Act; 11
(iv) the authority; or 12
(c) has contravened, or is contravening, section 168;54 or 13
(d) has used the authority for a purpose other than for a purpose for 14
which it was issued. 15
(3) In deciding whether the retailer is a suitable person to hold, or 16
continue to hold, the authority the regulator must have regard to the 17
suitability criteria. 18
Subdivision 4--Procedure for immediate suspension 19
182 Immediate suspension 20
(1) The regulator may, by notice ("suspension notice") to the retailer, 21
immediately suspend a retail authority if the regulator reasonably 22
believes-- 23
(a) a ground exists to suspend or cancel the authority; and 24
(b) the circumstances are so extraordinary that it is imperative to 25
immediately suspend the authority to control or prevent-- 26
(i) a significant adverse economic or social impact on the State 27
or a part of the State; or 28
(ii) a danger to the public. 29
54 Section 168 (Ring fencing requirement)
s 183 90 s 184
Gas Supply Bill 2003
(2) The suspension notice must-- 1
(a) state each of the following-- 2
(i) that the authority is suspended immediately; 3
(ii) the grounds for the suspension; 4
(iii) the facts and circumstances forming the basis for the 5
grounds; 6
(iv) the suspension period; 7
(v) that the retailer may make written submissions to the 8
regulator to show why the suspension should end; and 9
(b) include, or be accompanied by, an information notice about the 10
decisions to give the notice and to fix the suspension period. 11
(3) The suspension period must not be more than 40 business days. 12
(4) The suspension has effect immediately after the retailer is given the 13
suspension notice. 14
(5) The authority is ineffective during the suspension period. 15
Subdivision 5--Procedure for amendment, cancellation or suspension 16
other than immediate suspension 17
183 Application of sdiv 5 18
This subdivision applies if-- 19
(a) under section 177,55 the regulator proposes to amend a retail 20
authority; or 21
(b) the regulator proposes to cancel or suspend a retail authority, 22
other than an immediate suspension under section 182. 23
184 Notice of proposed action 24
(1) The regulator must give the retailer a notice stating each of the 25
following-- 26
55 Section 177 (Amendments for which proposed action notice is required)
s 185 91 s 186
Gas Supply Bill 2003
(a) the action (the "proposed action") the regulator proposes to take 1
under this division; 2
(b) the grounds for the proposed action; 3
(c) the facts and circumstances that are the basis for the grounds; 4
(d) if the proposed action is to amend--the proposed amendment; 5
(e) if the proposed action is to suspend--the proposed suspension 6
period; 7
(f) that the retailer may make, within a stated period, written 8
submissions to show why the proposed action should not be 9
taken. 10
(2) The stated period must end at least 20 business days after the notice 11
is given. 12
(3) The notice may be given for a retail authority the subject of an 13
immediate suspension. 14
185 Considering submissions 15
(1) The regulator must consider any written submission made under 16
section 184(1)(f) by the retailer within the period stated in the notice. 17
(2) If the regulator at any time decides not to take the proposed action, 18
the regulator must, as soon as practicable, give the retailer notice of the 19
decision. 20
186 Decision on proposed action 21
If, after complying with section 185, the regulator still believes a ground 22
exists to take the proposed action, the regulator may decide to-- 23
(a) if the proposed action was to amend--make the amendment; or 24
(b) if the proposed action was to suspend for a stated 25
period--suspend for no longer than the proposed suspension 26
period; or 27
(c) if the proposed action was to cancel-- 28
(i) cancel the retail authority; or 29
(ii) suspend it for a stated period. 30
s 187 92 s 188
Gas Supply Bill 2003
187 Notice and taking of effect of proposed action decision 1
(1) The regulator must, as soon as practicable after making a decision 2
under section 186, give the retailer an information notice about the 3
decision. 4
(2) The decision takes effect on the later of the following-- 5
(a) the day the information notice is given; 6
(b) a later day of effect stated in the notice. 7
(3) However, if the decision was to amend, cancel or suspend because of 8
a conviction, the amendment, cancellation or suspension-- 9
(a) does not take effect until-- 10
(i) the period to appeal against the conviction ends; and 11
(ii) if an appeal is made against the conviction--the appeal is 12
finally decided or is otherwise ended; and 13
(b) has no effect if the conviction is quashed on appeal. 14
Division 4--Dealings with retail authority 15
Subdivision 1--Renewals 16
188 Applying for renewal 17
(1) An exclusive retailer may apply to the regulator to renew the 18
retailer's exclusive retail authority for a stated term. 19
(2) However, the exclusive retailer can not apply to renew the authority 20
for a renewed term that ends more than 10 years after the authority was 21
originally issued. 22
(3) A retailer, other than an exclusive retailer may apply to the regulator 23
to renew the retailer's authority for a stated term or to renew it without a 24
term. 25
(4) An application under this section-- 26
(a) must be made in the approved form and accompanied by the fee 27
prescribed under a regulation; and 28
(b) can not be made if the authority has ended. 29
s 189 93 s 192
Gas Supply Bill 2003
189 Deciding renewal application 1
(1) The regulator must decide whether to grant or refuse the application. 2
(2) Division 1 (other than section 148) applies to the application as if it 3
were an application for the authority.56 4
190 Continuing effect of authority for renewal application 5
If the term of the retail authority ends before the application is decided, 6
despite the ending of the term, the authority continues in force until-- 7
(a) the start of any renewal of the authority; or 8
(b) the applicant is given an information notice about a decision to 9
refuse the application; or 10
(c) the application is withdrawn; or 11
(d) the authority is cancelled under this Act. 12
Subdivision 2--Transfers 13
191 Transfer only by application 14
(1) A retail authority may be transferred only under this subdivision. 15
(2) A purported transfer of a retail authority not made under this 16
subdivision is of no effect.57 17
192 Applying for transfer 18
(1) A retailer may apply to the regulator to transfer the retailer's retail 19
authority. 20
(2) The application must be-- 21
(a) in the approved form; and 22
56 Division 1 (Applying for and obtaining retail authority)
Section 148 (Who may apply for retail authority)
57 See also section 302 (Additional consequences of unlawfully selling reticulated fuel
gas).
s 193 94 s 195
Gas Supply Bill 2003
(b) made by the retailer and the proposed transferee; and 1
(c) accompanied by the fee prescribed under a regulation. 2
193 Deciding transfer application 3
(1) The regulator may decide to grant the application only if the 4
regulator is satisfied the proposed transferee is a suitable person to hold the 5
authority. 6
(2) For subsection (1), the regulator may consider any suitability criteria 7
to the extent it is relevant to the proposed transferee's competence to hold 8
the retail authority. 9
(3) The regulator may, in granting the application, impose conditions on 10
the authority. 11
(4) If the regulator decides to refuse the application or impose a 12
condition on the authority, the regulator must, as soon as practicable, give 13
the applicants an information notice about the decision. 14
(5) Subsection (4) does not apply for a condition that is the same, or is to 15
the same effect, as a condition agreed to or requested by the applicants. 16
Subdivision 3--Mortgages 17
194 Mortgage of retail authority 18
A retailer may mortgage the retailer's retail authority without the 19
approval of, or notice to, the regulator. 20
195 Notice of intention to exercise powers under mortgage 21
(1) This section applies if a mortgage has been granted over a retail 22
authority and the retailer has defaulted under the mortgage. 23
(2) The mortgagee may exercise its powers under the mortgage only if 24
the mortgagee has given the regulator at least 20 business days notice of the 25
mortgagee's intention to exercise powers under the mortgage that relate to 26
the authority. 27
(3) Any purported exercise of a power under the mortgage relating to the 28
authority in contravention of subsection (2) is of no effect. 29
s 196 95 s 198
Gas Supply Bill 2003
196 Consequence of exercising powers under mortgage 1
If a mortgagee under a mortgage over a retail authority exercises any 2
power under the mortgage relating to the authority, this Act applies to the 3
mortgagee as if the mortgagee were the retailer under the authority. 4
Subdivision 4--Surrenders 5
197 Surrenders 6
(1) A retailer may surrender its authority only if the regulator has, on the 7
retailer's application, approved the surrender. 8
(2) The application must be in the approved form and accompanied by 9
the fee prescribed under a regulation. 10
(3) The regulator-- 11
(a) may impose conditions on giving the approval; and 12
(b) must fix a time, no later than 6 months after deciding the 13
application, for the surrender to take effect. 14
(4) If the regulator decides to refuse the application or impose a 15
condition on the surrender, the regulator must, as soon as practicable, give 16
the applicant an information notice about the decision. 17
(5) Subsection (4) does not apply for a condition that is the same, or is to 18
the same effect, as a condition agreed to or requested by the applicant. 19
PART 2--CUSTOMER RETAIL SERVICES 20
Division 1--Applying for and obtaining customer retail services 21
Subdivision 1--Applying for customer retail services 22
198 Applying for customer retail services 23
(1) Any person may apply to a retailer to become a customer of the 24
retailer for particular premises. 25
s 199 96 s 200
Gas Supply Bill 2003
(2) The application must be made in the way, and give the information 1
reasonably required, by the retailer. 2
199 Deciding application 3
(1) The retailer must decide to grant or refuse the application within-- 4
(a) 10 business days after the application is made; or 5
(b) a longer period agreed between the retailer and the applicant. 6
(2) The retailer must decide to grant the application if-- 7
(a) were the application to be granted, the applicant would become a 8
protected customer of the retailer; and 9
(b) a limit under section 204 on the obligation to provide customer 10
retail services does not apply. 11
(3) If-- 12
(a) were the application to be granted, the applicant would become a 13
protected customer of the retailer; and 14
(b) the retailer decides to refuse the application; 15
the retailer must as soon as practicable, give the applicant notice stating 16
that if the applicant disputes the decision, the applicant may, in writing, 17
refer the dispute to the regulator. 18
Subdivision 2--Steps after granting application 19
200 Retailer's obligation to propose terms 20
(1) If the retailer decides to grant the application, the retailer must, 21
within the relevant period, tell the applicant or give the applicant notice of, 22
each of the following-- 23
(a) that the application has been granted; 24
(b) the terms on which the retailer proposes to provide the customer 25
retail services; 26
(c) that the applicant may ask for the terms in writing; 27
(d) if the customer is a protected customer--that the applicant may, 28
in writing, refer any dispute about the terms to the regulator. 29
s 201 97 s 202
Gas Supply Bill 2003
(2) The proposed terms must be fair and reasonable if-- 1
(a) the retailer is an area retailer; and 2
(b) the application is for premises in the retailer's retail area; and 3
(c) the customer is a protected customer. 4
(3) If the applicant asks, the retailer must, as soon as practicable, give the 5
applicant notice of the terms. 6
(4) If the retailer does not comply with subsection (1) within the relevant 7
period the retailer is taken to have decided to refuse the application. 8
(5) In this section-- 9
"relevant period" means-- 10
(a) 10 business days after the application is decided; or 11
(b) a longer period agreed between the retailer and the applicant 12
within the 10 business days. 13
201 Customer retail contract 14
(1) If the retailer and the applicant agree about the terms for providing 15
the customer retail services, the agreement is called a "customer retail 16
contract".58 17
(2) The agreement may be oral or written. 18
202 Cooling-off period for customer retail contracts 19
(1) If the customer enters into a customer retail contract, the customer 20
may, within 5 business days after the retailer complies with section 161,59 21
elect to terminate the contract. 22
(2) If the customer is a protected customer, the election may be made by 23
notice or orally to the retailer. 24
(3) Otherwise, the election may be made only by notice to the retailer. 25
(4) The termination ends any liability the customer has accrued or 26
incurred under the contract, because of the termination or otherwise, for 27
58 See also section 125 (Operation of pt 4).
59 Section 161 (Information obligations to customers)
s 203 98 s 204
Gas Supply Bill 2003
customer retail services to the customer's premises, other than for charges 1
for services actually provided under the contract. 2
203 Commencement of customer retail services 3
(1) If the retailer and the applicant enter into a customer retail contract 4
and the contract is not terminated under section 202, the retailer must, 5
subject to section 204, start to provide the customer retail services at the 6
time provided under this section. 7
(2) Generally, the retailer must use reasonable endeavours to comply 8
with the obligation within the required period after entering into the 9
contract. 10
(3) However, if, within the required period after entering into the 11
contract, the retailer requires any of the following the obligation ceases-- 12
(a) the giving of security for the services in an amount and a way 13
that is fair and reasonable; 14
(b) the giving of a reasonable advance payment for the services. 15
(4) If the requirement is met, the retailer must use reasonable endeavours 16
to start to provide the services within the required period after meeting the 17
requirement. 18
(5) In this section-- 19
"required period", after entering into the contract or meeting the 20
requirement, means-- 21
(a) if the premises have previously been supplied by a retailer-- 22
(i) 5 business days; or 23
(ii) any longer period agreed to by the applicant within the 24
5 business days; 25
(b) if the premises have not previously been supplied by a retailer-- 26
(i) a reasonable period; or 27
(ii) any longer period agreed to by the applicant. 28
204 Limits on provision of customer retail services 29
(1) The retailer is not obliged to provide the customer retail services to a 30
person's premises in any of the following circumstances-- 31
s 204 99 s 204
Gas Supply Bill 2003
(a) the retailer is to arrange for customer connection services for the 1
premises and the distributor for the premises is not obliged to 2
provide, or has the right to discontinue, the services;60 3
(b) the person is to arrange for customer connection services for the 4
premises and no customer connection contract has been entered 5
into with the distributor for the premises; 6
(c) the retailer has asked the person for information the retailer 7
reasonably requires to allow the retailer to provide the customer 8
retail services and the person has not complied with the request 9
within a reasonable period; 10
(d) the retailer has asked the person to provide or maintain access, 11
equipment, facilities, space or anything else the retailer 12
reasonably needs to provide the customer retail services and the 13
person has not complied with the request within a reasonable 14
period; 15
(e) the person contravenes this Act, the Gas (Residual Provisions) 16
Act or another relevant Act and the contravention relates to 17
safety; 18
(f) a circumstance beyond the retailer's control prevents the retailer 19
from providing the customer retail services. 20
(2) Also, the obligation ceases to apply during any period in which the 21
provision of customer connection services to the premises is discontinued 22
under chapter 2, part 3, division 5 or under the Gas (Residual Provisions) 23
Act, section 60B.61 24
(3) This section does not prevent the retailer from lawfully providing the 25
customer connection services even though it is not obliged to do so. 26
60 See section 109 (Limits on provision of customer connection services), chapter 2,
part 3, division 5 (Discontinuance and recommencement) and the Gas (Residual
Provisions) Act, section 60B (Provisions to ensure standards and safety
requirements complied with).
61 Chapter 2, part 3, division 5 (Discontinuance and recommencement)
s 205 100 s 206
Gas Supply Bill 2003
Division 2--Overcharging and undercharging 1
205 Overcharging 2
(1) This section applies if a retailer discovers the retailer has overcharged 3
a customer for customer retail services. 4
(2) The retailer must, as soon as practicable, give the customer an 5
amended account that states particulars of the overcharge and deducts or 6
credits the overcharge. 7
Maximum penalty--200 penalty units. 8
(3) In this section-- 9
"overcharge", for customer retail services means to charge more than the 10
amount that, under the relevant customer retail contract, the customer 11
should have been charged for the services. 12
206 Undercharging 13
(1) This section applies if a retailer discovers the retailer has 14
undercharged a customer for customer retail services and wishes to recover 15
the undercharged amount. 16
(2) The retailer must, as soon as practicable, give the customer an 17
amended account that states particulars of the undercharge. 18
Maximum penalty--200 penalty units. 19
(3) Despite the Limitation of Actions Act 1974, section 10,62 a proceeding 20
to recover the amount of the undercharge can not be brought more than 21
1 year after the later of the following-- 22
(a) the day the amended account is given; 23
(b) if the customer requests a period to pay the undercharge that is 24
no more than the period during which the undercharging 25
happened--the day the period ends. 26
(4) The request can not be made more than 3 months after the amended 27
account is given. 28
(5) In this section-- 29
62 Limitation of Actions Act 1974, section 10 (Actions of contract and tort and certain
other actions)
s 207 101 s 211
Gas Supply Bill 2003
"undercharge", for customer retail services means to charge less than the 1
amount that, under the relevant customer retail contract, the customer 2
should have been charged for the services. 3
Division 3--Provisions about what is fair and reasonable 4
207 Operation of div 3 5
This division makes special provisions for deciding what are fair and 6
reasonable terms for the provision of customer retail services. 7
208 Terms approved by regulator 8
(1) If the terms of a customer retail contract are the same as the terms of 9
a relevant approved contract, the approval is evidence that the terms of the 10
customer retail contract are fair and reasonable. 11
(2) In this section-- 12
"relevant approved contract" means a form of customer retail contract 13
approved by the regulator for-- 14
(a) the customer retail services agreed to be provided under the 15
customer retail contract; or 16
(b) customer retail services of the same type. 17
209 Differing methods of charging 18
The mere use by a retailer of differing methods of charging for the 19
services to different customers is not unfair or unreasonable. 20
210 Customer retail contracts 21
The mere making of, or compliance with, a customer retail contract by a 22
retailer is not unfair or unreasonable. 23
211 Differing security 24
(1) The mere requiring of differing security by a retailer is not unfair or 25
unreasonable. 26
s 212 102 s 212
Gas Supply Bill 2003
(2) In this section-- 1
"differing security" means an agreement, advance payment or amount as 2
security for performance of a person's obligations to the retailer under 3
a customer retail contract that-- 4
(a) is different to an agreement, payment or security the retailer 5
requires of another customer; and 6
(b) is not manifestly unfair. 7
212 Different terms that are reasonable 8
(1) This section applies if a retailer provides, or is to provide, the 9
services on different terms to different customers or types of customers. 10
(2) The mere imposition of the different terms is not unfair or 11
unreasonable if-- 12
(a) the circumstances required for providing the services are 13
different; and 14
(b) the terms reasonably reflect the impact on the retailer of the-- 15
(i) differences between the customers or types of customers; or 16
(ii) different circumstances; or 17
(iii) provisions of this Act or any relevant standard or code that 18
binds the retailer. 19
20
Examples of different circumstances--
21
1. The quantities of fuel gas supplied to the customers or types of
22
customers.
23
2. The geographical location of the customers or types of
24
customers.
25
3. The periods for which the services are to be provided.
s 213 103 s 214
Gas Supply Bill 2003
PART 3--ON-SUPPLY63 1
Division 1--Preliminary 2
213 "On-suppliers" and their "receivers" 3
(1) An "on-supplier" is a person who-- 4
(a) is the owner or occupier of premises or has the right to use 5
premises; and 6
7
Example--
8
An owner, occupier or a person who has a right to use a caravan park,
9
exhibition centre, hostel, hotel, industrial park, lodging house, marina,
10
market arcade, motel or shopping centre.
(b) supplies, by reticulation, fuel gas for use in the premises. 11
(2) An "on-supplier" also includes a body corporate or body corporate 12
manager under a body corporate Act who supplies, or authorises someone 13
else to supply, by reticulation, fuel gas to-- 14
(a) members of the body corporate or; 15
(b) persons who occupy the premises that make up the body 16
corporate. 17
(3) The premises for which a person is an on-supplier is called the 18
"on-supplier's premises". 19
(4) A "receiver" is a person who owns, occupies or has the right to use 20
an on-supplier's premises and to whom the on-supplier supplies fuel gas, 21
by reticulation. 22
214 "Common areas" and "common area consumption" 23
(1) A "common area", of an on-supplier's premises, means a part of the 24
premises that the on-supplier and each lessee or other person the 25
on-supplier has given a right to use the premises have agreed is a common 26
area of the premises. 27
63 For the consequence of failure to comply with this part, see section 288 (Unlawfully
selling reticulated fuel gas).
s 215 104 s 217
Gas Supply Bill 2003
1
Examples of a part of an on-supplier's premises that may be a common area--
2
· community, entertainment, information and leisure facilities in a caravan park
3
· malls and walkway
4
· parking areas
5
· rest rooms and toilets.
(2) "Common area consumption", for an on-supplier's premises, is the 6
whole or part of the fuel gas consumed in a common area of the 7
on-supplier's premises. 8
215 Accounting periods 9
(1) An "accounting period", for an on-supply agreement, is a period of 10
1 year beginning on a day fixed by the on-supplier. 11
(2) The "first accounting period", for an on-supply agreement, is the 12
accounting period in which the agreement is made, or proposed to be made. 13
216 Restriction of application of pt 3 for LPG 14
This part does not apply to the supply by an on-supplier of LPG from a 15
pressurised container located on the on-supplier's premises. 16
17
Example--
18
This part does not apply for the supply of LPG from a pressurised container on a lot on
19
a plan under a body corporate Act to another lot on the same plan.64
Division 2--On-supply agreements 20
217 On-supply agreements 21
(1) An on-supplier and a receiver may agree about how-- 22
(a) the on-supplier is to supply fuel gas to the receiver; or 23
(b) the on-supplier may charge the receiver for common area 24
consumption for the on-supplier's premises. 25
64 However, in the circumstance mentioned in the example see also section 286
(Unlawfully operating distribution pipeline).
s 218 105 s 219
Gas Supply Bill 2003
(2) The agreement may provide for a stated charge or for no charge for 1
the supply or common area consumption.65 2
(3) The agreement may be-- 3
(a) written or oral; or 4
(b) made in any way permitted by law; or 5
(c) incorporated in a lease or other agreement between the 6
on-supplier and the receiver. 7
(4) An agreement made under this section is called an "on-supply 8
agreement". 9
Division 3--Preliminary disclosure requirements about 10
common area charges 11
218 Application of div 3 12
This division applies if-- 13
(a) a person (the "prospective on-supplier") proposes to enter into 14
an on-supply agreement as an on-supplier; and 15
(b) under the agreement, the on-supplier will charge someone else 16
(the "prospective receiver") for common area consumption for 17
the on-supplier's premises. 18
219 Preliminary consumption estimate 19
(1) The prospective on-supplier must, within a reasonable period before 20
making the on-supply agreement, give the prospective receiver-- 21
(a) notice of the accounting period that is to apply to the on-supply 22
agreement; and 23
(b) an estimate of the common area consumption for the first 24
accounting period for the agreement. 25
(2) In deciding what is reasonable for subsection (1), regard must be had 26
to whether the period was enough to allow the prospective receiver to 27
65 See however sections 231 (Requirement to comply with notified prices) and
232 (Additional consequences of failure to comply with notified prices).
s 220 106 s 221
Gas Supply Bill 2003
estimate his or her liability for the common area consumption for the first 1
accounting period for the agreement. 2
220 Required contents for on-supply agreement 3
(1) The prospective on-supplier must not enter into the on-supply 4
agreement unless it provides for-- 5
(a) how the common area consumption is to be worked out; and 6
(b) if the receiver is only required to pay part of the common area 7
consumption--how that part is to be worked out. 8
(2) Subject to section 221, a failure to comply with subsection (1) does 9
not invalidate or otherwise affect the agreement. 10
221 Additional consequences of not complying with div 3 11
(1) This section does not limit section 288. 66
12
(2) This section applies if the prospective on-supplier-- 13
(a) does not comply with section 219(1) before entering into the 14
on-supply agreement; or 15
(b) enters into an on-supply agreement in contravention of 16
section 220. 17
(3) The receiver under the agreement, may by notice to the on-supplier, 18
terminate any liability that the receiver would, other than for this section, 19
have had for common area consumption to which the agreement applies. 20
(4) However, the notice may be given only within 2 months after the 21
agreement is made. 22
(5) A termination under this section ends any liability for common area 23
consumption accrued or incurred under the agreement or otherwise at any 24
time before or after the termination. 25
(6) To remove any doubt, it is declared that a termination under this 26
section does not, of itself, affect any other liability of the receiver to the 27
on-supplier under the agreement or another agreement. 28
66 Section 288 (Unlawfully selling reticulated fuel gas)
s 222 107 s 223
Gas Supply Bill 2003
Division 4--Individual metering 1
222 Individual metering option 2
(1) This section applies if an on-supply agreement for the supply of fuel 3
gas from an on-supplier to a receiver is in force. 4
(2) The receiver may, at any time-- 5
(a) elect, by notice to the on-supplier, to be charged on the basis of 6
the receiver's consumption of fuel gas supplied from the 7
on-supplier, as measured by a meter; and 8
(b) install the meter, at the receiver's expense. 9
(3) However, the election has effect only if the installation-- 10
(a) complies with the Gas (Residual Provisions) Act and any other 11
relevant Act; and 12
(b) is done in a way-- 13
(i) that complies with any reasonable written directions the 14
on-supplier gives the receiver within 5 business days after 15
the giving of the notice; or 16
(ii) if no written directions are given within the 5 business 17
days--that is reasonable. 18
(4) In deciding what is reasonable for subsection (3), regard must be had 19
to the interests of the on-supplier and anyone who is an occupier of the 20
on-supplier's premises. 21
223 Compensation for installation damage 22
(1) This section applies if-- 23
(a) a receiver has, under section 222, given an on-supplier a notice of 24
election; and 25
(b) the receiver installs a meter for fuel gas supplied from the 26
on-supplier to the receiver; and 27
(c) either-- 28
(i) no written direction was given by the on-supplier under 29
section 222(3)(b); or 30
s 224 108 s 225
Gas Supply Bill 2003
(ii) the installation was done in a way that does not comply with 1
the on-supplier's reasonable written directions under that 2
section; or 3
(iii) the installation was not done in a way that is reasonable; and 4
(d) a person as follows (the "claimant") suffers damage to property 5
because of the installation-- 6
(i) the on-supplier; 7
(ii) anyone who is an occupier of the on-supplier's premises. 8
(2) Compensation for the damage is payable by the receiver to the 9
claimant. 10
(3) The compensation may be claimed and recovered in a proceeding 11
brought in a court of competent jurisdiction. 12
(4) In making the order the court must have regard to-- 13
(a) whether it was reasonable for the claimant to give the receiver an 14
opportunity to fix the damage; and 15
(b) if paragraph (a) applies--whether the receiver was given a 16
reasonable period to fix the damage. 17
Division 5--Disclosure requirements for common area 18
consumption charges 19
224 Application of div 5 20
This division applies if, under an on-supply agreement, the on-supplier 21
may charge a receiver for common area consumption. 22
225 Periodic consumption estimates 23
(1) The on-supplier must, for each accounting period after the first 24
accounting period for the agreement, give the receiver an estimate of the 25
common area consumption for the on-supplier's premises during the 26
accounting period. 27
(2) An estimate for an accounting period must be given at least 1 month 28
before the accounting period begins. 29
s 226 109 s 227
Gas Supply Bill 2003
226 Audited statements for each accounting period 1
(1) The on-supplier must, for each accounting period give the receiver 2
audited statements of the common area consumption. 3
(2) A statement for an accounting period must-- 4
(a) comply with section 227; and 5
(b) be given within 3 months after the accounting period ends. 6
227 Content requirements for audited statement 7
Each audited statement under section 226 must-- 8
(a) comply with the standards in the statements of accounting and 9
auditing standards made by the Australian Society of Certified 10
Practising Accountants and the Institute of Chartered 11
Accountants in Australia (the "bodies"); and 12
(b) be prepared by a person (the "auditor") who is-- 13
(i) registered, or taken to be registered, as an auditor under the 14
Corporations Act; or 15
(ii) a member of, and holds a practising certificate from, either 16
of the bodies; and 17
(c) contain the auditor's opinion about whether the statement 18
presents fairly the on-supplier's charges for the common area 19
consumption during the period to which it relates, in accordance 20
with the on-supplier's financial records; and 21
(d) compare each relevant estimate given under this part with the 22
amount actually spent by the on-supplier on the common area 23
consumption during the period; and 24
(e) compare the total amount actually spent by the on-supplier on 25
common area consumption during the period with the amount 26
actually paid for the period by anyone for the on-supplier's 27
premises. 28
s 228 110 s 228
Gas Supply Bill 2003
PART 4--PRICING AND SERVICE QUALITY 1
STANDARDS 2
228 Fixing of prices for customer retail services or on-supply 3
(1) The Minister may fix prices, or a methodology to fix the prices, for-- 4
(a) the provision of services that are, or relate to, customer retail 5
services for protected customers; or 6
(b) the supply of fuel gas by on-suppliers to receivers.67 7
8
Examples of matters for which prices or a methodology may be fixed--
9
· charges for selling fuel gas
10
· security for the provision of customer retail services
11
· charges or fees for late or dishonoured payments
12
· charges or fees for discontinuing or recommencing customer connection or retail
13
services.
(2) The power under subsection (1) includes a power to fix maximum 14
prices or a methodology to fix maximum prices. 15
(3) In exercising the power, the Minister must consider the interests of 16
protected customers, receivers, retailers and on-suppliers to whom the 17
prices or methodology will apply. 18
19
Example of the interests of protected customers or receivers--
20
Protection from rapid price increases.
21
Example of the interests of retailers--
22
The legitimate business interest of retailers, including, for example, the economic
23
sustainability of the provision of customer retailer services by a retailer to all protected
24
customers to which the retailer is required to provide the services.
(4) The prices, or prices fixed under the methodology, are called 25
"notified prices". 26
(5) The notified prices, or methodology to fix the prices-- 27
(a) must be notified by gazette notice; and 28
(b) take effect on the later of the following days-- 29
(i) the day the notice is gazetted; 30
67 See also section 320(3) (Delegation by Minister).
s 229 111 s 231
Gas Supply Bill 2003
(ii) if the gazette notice states a later day of effect--the later 1
day. 2
229 Review of notified prices 3
(1) A retailer or on-supplier to whom notified prices apply may ask the 4
Minister to review the notified prices. 5
(2) The Minister must complete the review within a reasonable period 6
after the request was made. 7
230 Public advertisement of notified prices 8
(1) The regulator may, at any time, publish in a newspaper generally 9
circulating throughout the State a notice giving particulars of any notified 10
prices that apply to a stated retailer. 11
(2) If the regulator asks, the retailer must pay the regulator's reasonable 12
costs of the publication. 13
231 Requirement to comply with notified prices 14
(1) If-- 15
(a) there is a notified price for the provision of services that are, or 16
relate to, customer retail services; and 17
(b) the notified price applies to a retailer; 18
the retailer must comply with the notified price unless otherwise required 19
under the retailer of last resort scheme. 20
Maximum penalty--500 penalty units. 21
(2) If-- 22
(a) there is a notified price for the supply of fuel gas by on-suppliers 23
to receivers; and 24
(b) the notified price applies to an on-supplier; 25
the on-supplier must comply with the notified price unless otherwise 26
required under the retailer of last resort scheme. 27
Maximum penalty--500 penalty units. 28
s 232 112 s 233
Gas Supply Bill 2003
232 Additional consequences of failure to comply with notified prices 1
(1) This section applies if-- 2
(a) a retailer or on-supplier contravenes a notified price for a matter; 3
and 4
(b) the contravention was not caused by a compliance with the 5
retailer of last resort scheme. 6
(2) The retailer or on-supplier has no right to recover from the relevant 7
customer or receiver any amount for the matter that is more than the 8
notified price. 9
(3) The customer or receiver may recover from the retailer or on-supplier 10
as a debt any amount paid for the matter that is more than the notified price. 11
(4) The failure to comply with the notified price does not, of itself, affect 12
the customer's or receiver's liability to the retailer or on-supplier to pay an 13
amount for the matter that is no more than the notified price. 14
(5) This section applies despite any customer retail contract or on-supply 15
agreement. 16
233 Directions for prices notification 17
(1) The Minister may, by notice, give a retailer or on-supplier a direction 18
to do any of the following if the Minister reasonably believes the direction 19
may help the Minister to fix notified prices-- 20
(a) give the Minister stated information at stated reasonable times or 21
intervals; 22
(b) keep stated records; 23
(c) give the Minister copies of the records at stated times or 24
intervals.68 25
26
Examples of stated information--
27
· how many customers the retailer has in stated consumption ranges
28
· how many customers the retailer has in stated consumption ranges
29
· the total fuel gas supplied to the retailer's customers
30
· how much fuel gas the retailer supplied its customers in stated
31
consumption ranges
68 See also section 318 (Confidentiality of particular information).
s 234 113 s 235
Gas Supply Bill 2003
1
· the cost of fuel gas at the point, commonly called the `city gate', where
2
a distributor's distribution system connects with a transmission
3
pipeline
4
· the fees and charges paid to the retailer for customer retail services
5
· the retailer's gas transportation costs
6
· the cost to the retailer of fuel gas
7
· the retailer's margin for fuel gas supplied
8
· the total cost to the retailer's customers of fuel gas supplied
9
· the retailer's total revenue from customer retail services
10
· a profile of the number of the retailer's customers in stated
11
consumption ranges
12
· other information relating to the retailer's cost and revenue bases for
13
fuel gas supply.
(2) The direction must be accompanied by, or include, an information 14
notice about the decision to give the direction. 15
234 Requirement to comply with direction for prices notification 16
If a retailer or on-supplier is given a direction under section 233, the 17
retailer must comply with the direction unless the retailer has a reasonable 18
excuse. 19
Maximum penalty--500 penalty units. 20
235 Standards about quality of customer retail services 21
(1) A regulation may provide for standards about the quality of customer 22
retail services. 23
(2) A retailer must not contravene the standards. 24
Maximum penalty--100 penalty units. 25
(3) QCA must, if the regulator asks, monitor, investigate and report to 26
the regulator on compliance with the standards. 27
s 236 114 s 237
Gas Supply Bill 2003
CHAPTER 4--SUFFICIENCY OF SUPPLY 1
PART 1--PRELIMINARY 2
236 Who is a "industry participant" 3
Each of the following is a "industry participant"-- 4
(a) a distributor; 5
(b) a retailer; 6
(c) the holder of a transmission pipeline licence; 7
(d) a person who-- 8
(i) holds a petroleum lease under the Petroleum Act 1923; and 9
(ii) conducts a business in relation to the lease that significantly 10
affects, or may significantly affect, the supply of fuel gas to 11
the community or part of the community; 12
(e) a person who ships gas to a retail market under an agreement 13
with a person who is an industry participant under paragraph (a), 14
(b), (c) or (d); 15
(f) a customer who, in the last 12 months, consumed more than 16
100 TJ of fuel gas; 17
(g) a customer who, in the next 12 months, is likely to consume 18
more than 100 TJ of fuel gas. 19
PART 2--CONTINGENCY SUPPLY PLANS 20
237 Regulator's power to require plan 21
(1) The regulator may, by notice, require an industry participant to, 22
within a stated reasonable period, make a plan that complies with 23
section 239 for the contingency supply of fuel gas (a "contingency supply 24
plan"). 25
(2) The industry participant must comply with the notice. 26
s 238 115 s 239
Gas Supply Bill 2003
Maximum penalty--500 penalty units. 1
(3) For subsection (1), the plan is not made until the regulator is given a 2
copy. 3
(4) Before the industry participant makes the plan, the participant must 4
make reasonable endeavours in the circumstances to consult with the 5
regulator and stakeholders in the fuel gas industry about the proposed plan. 6
(5) However, subsection (4) does not apply if the industry participant has 7
made a plan under another Act and the plan complies or substantially 8
complies with section 239. 9
(6) A failure to comply with subsection (4) does not invalidate or 10
otherwise affect the plan. 11
238 Regulator's power to make plan 12
(1) If, in contravention of section 237, an industry participant does not 13
make a contingency supply plan, the regulator may, by notice to the 14
participant, make the plan for the participant. 15
(2) However, before making the plan, the regulator must give the 16
industry participant-- 17
(a) a proposed plan; and 18
(b) a reasonable opportunity to make submissions to the regulator 19
about the proposed plan. 20
(3) This section does not prevent the industry participant from making 21
another contingency supply plan or amending the plan made by the 22
regulator if the other plan or amended plan complies with the content 23
requirements. 24
239 Contingency supply plan--content requirements 25
(1) This section imposes requirements (the "content requirements") for 26
an industry participant's contingency supply plan. 27
(2) Despite the content requirements, a matter must not be provided for 28
in the plan to the extent it conflicts with-- 29
(a) a requirement under the Gas (Residual Provisions) Act or a 30
provision of a relevant safety management plan made under 31
another Act; or 32
s 240 116 s 241
Gas Supply Bill 2003
(b) a contingency supply plan made for the State by the regulator. 1
(3) The plan must-- 2
(a) identify the contingencies or events that may lead to an 3
interruption or curtailment of fuel gas supply in relation to the 4
industry participant; and 5
(b) provide for the following if any of the contingencies or events 6
happen-- 7
(i) alternative arrangements for fuel gas supply; 8
(ii) a list stating the priority for supply to customers, or types of 9
customer; 10
(iii) how essential services are to be supplied; and 11
(c) give information on the types of customer each contingency or 12
event is likely to affect; and 13
(d) contact details for the industry participant; and 14
(e) another matter prescribed under a regulation. 15
(4) The alternative arrangements must, as far as reasonably practicable, 16
ensure supply to customers is maximised if any of the contingencies or 17
events happen. 18
240 Requirement to comply with plan 19
If a contingency or event identified in an industry participant's 20
contingency supply plan happens, the industry participant must comply 21
with the plan, unless the industry participant has a reasonable excuse. 22
Maximum penalty--500 penalty units. 23
241 Limitation of industry participant's liability because of 24
compliance with plan 25
(1) This section applies if-- 26
(a) a person incurs a cost, damage or loss because of an act done or 27
omission made by an industry participant; and 28
(b) doing the act or making the omission was required by the 29
industry participant's contingency supply plan. 30
s 242 117 s 243
Gas Supply Bill 2003
(2) The industry participant is not civilly liable for the cost, damage or 1
loss if-- 2
(a) in doing the act or making the omission the industry participant 3
complied with this Act and the conditions of any relevant 4
distribution or retail authority; and 5
(b) the doing of the act or the making of the omission was carried out 6
in good faith and without negligence. 7
(3) Subsection (2)-- 8
(a) is subject to any agreement between the person and the industry 9
participant; and 10
(b) does not limit section 6(3).69 11
242 When plan must be revised 12
(1) This section applies if-- 13
(a) a circumstance happens that affects, or may affect, an industry 14
participant's contingency supply plan complying with the content 15
requirements; and 16
(b) the industry participant becomes aware, or ought reasonably to 17
have become aware, of the happening of the circumstance. 18
(2) The industry participant must, as soon as practicable, amend or 19
re-make the plan so that it complies with the content requirements. 20
Maximum penalty--500 penalty units. 21
(3) For subsection (2), the plan is not amended or re-made until the 22
regulator is given a copy. 23
243 Regulator's power to amend plan 24
(1) If the regulator reasonably believes an industry participant's 25
contingency supply plan does not comply with the content requirements, 26
the regulator may, by complying with subsections (3) and (4), amend the 27
plan so that it does comply with the requirements. 28
(2) The regulator must give the industry participant a notice stating each 29
of the following-- 30
69 Section 6 (Act does not affect other rights or remedies)
s 244 118 s 244
Gas Supply Bill 2003
(a) how the plan does not comply with the requirements; 1
(b) that the regulator proposes to amend the plan so that it does 2
comply; 3
(c) the proposed amendment; 4
(d) that the industry participant may within a stated reasonable 5
period-- 6
(i) amend the plan so that it does comply with the 7
requirements; or 8
(ii) make written submissions to the regulator about why the 9
proposed amendment should not be made. 10
(3) The regulator must consider any written submissions or amendments 11
made by the industry participant within the stated period. 12
(4) The amendment does not take effect until the industry participant is 13
given an information notice about the decision to make the amendment. 14
(5) This section does not prevent the industry participant from further 15
amending the plan if the further amended plan complies with the content 16
requirements. 17
(6) In this section-- 18
"amend" includes re-make and replace. 19
PART 3--INFORMATION REQUIREMENTS 20
244 Notice of significant disruption 21
If an industry participant becomes aware of any significant disruption, or 22
event likely to result in a significant disruption, to the supply of fuel gas, 23
the participant must, as soon as practicable, give the regulator notice of the 24
disruption or event. 25
Maximum penalty--100 penalty units. 26
s 245 119 s 247
Gas Supply Bill 2003
245 Regulator's power to require information from industry 1
participant 2
(1) This section applies if the regulator reasonably believes an industry 3
participant has information that will help the regulator assess the current or 4
probable future sufficiency of supply of fuel gas. 5
6
Examples of information--
7
· fuel gas production and estimated future production, by location
8
· fuel gas purchases, by location
9
· fuel gas supplied and future contractual obligations to supply, by location
10
· the number of customers in each stated class of customer
11
· transportation prices
12
· fuel gas prices for a stated class of customer
13
· estimated reserves of coal seam gas and natural gas.
(2) The regulator may, by notice, require the industry participant to give 14
the regulator in the approved form stated information of a type mentioned 15
in subsection (1), at stated reasonable times or intervals. 16
(3) The direction must be accompanied by, or include, an information 17
notice about the decision to give the direction.70 18
246 Failure to comply with information requirement 19
(1) An industry participant of whom a requirement under section 245 has 20
been made must comply with the requirement unless the participant has a 21
reasonable excuse. 22
Maximum penalty--500 penalty units. 23
(2) It is a reasonable excuse not to give the information if giving it might 24
tend to incriminate the industry participant. 25
247 Notice of intention to stop fuel gas transport or customer 26
connection or retail services 27
(1) The holder of a transmission pipeline licence for a pipeline that 28
transports fuel gas must give the regulator the required notice at least 29
70 See also section 318 (Confidentiality of particular information).
s 247 120 s 247
Gas Supply Bill 2003
3 months before stopping, or significantly reducing, the transportation of 1
fuel gas through the pipeline. 2
Maximum penalty--100 penalty units. 3
(2) An area distributor must give the regulator the required notice at least 4
6 months before stopping, or significantly reducing, the provision of 5
customer connection services. 6
Maximum penalty--100 penalty units. 7
(3) A retailer must give the regulator the required notice at least 8
6 months before stopping, or significantly reducing, the provision of 9
customer retail services. 10
Maximum penalty--100 penalty units. 11
(4) Subsections (1) to (3)-- 12
(a) do not apply for a distributor or retailer if the stoppage or 13
reduction is because of a discontinuance under chapter 2; and 14
(b) do not apply if there is a reasonable excuse for the stopping or 15
significant reduction. 16
(5) In this section-- 17
"required notice" means a notice stating each of the following-- 18
(a) whether the notice is a notice of a stoppage or of a significant 19
reduction; 20
(b) reasons for the stoppage or reduction; 21
(c) each type of customer ("affected customers") who will, or are 22
likely to be, affected by the stoppage or reduction; 23
(d) details of any arrangements that have been, or will be, put in 24
place to ensure affected customers continue to be supplied with 25
fuel gas; 26
(e) information to be provided to affected customers about the 27
stoppage or reduction and the arrangements; 28
(f) details of any level of help to be to be offered to affected 29
customers. 30
s 248 121 s 250
Gas Supply Bill 2003
PART 4--RETAILER OF LAST RESORT SCHEME 1
248 Regulation may provide for scheme 2
A regulation may provide for-- 3
(a) the establishment of a scheme to be called the `retailer of last 4
resort scheme'; and 5
(b) the compulsory participation in the scheme by industry 6
participants whose activities affect the sale of reticulated 7
processed natural gas. 8
249 Primary objects of scheme 9
The primary objects of the retailer of last resort scheme are to-- 10
(a) manage the effects of a retailer being unable to sell reticulated 11
processed natural gas to its customers (a "defaulting retailer"); 12
and 13
(b) protect customers of a defaulting retailer from interruption in the 14
sale to them of reticulated processed natural gas. 15
250 Matters that may be provided for under scheme 16
Without limiting section 249, the retailer of last resort scheme may 17
provide for any of the following-- 18
(a) other objects of the scheme; 19
(b) circumstances in which it applies; 20
(c) industry participants to which it applies; 21
(d) customers, or types of customer, to benefit from the scheme; 22
(e) a default customer retail contract; 23
(f) the effects of the scheme applying to a defaulting retailer and its 24
affected customers, including, for example, the following-- 25
(i) a charter for the scheme, including, for example, its duration 26
and other matters concerning its administration; 27
(ii) ending the defaulting retailer's customer retail contracts 28
with its affected customers; 29
s 250 122 s 250
Gas Supply Bill 2003
(iii) ending the defaulting retailer's customer connection 1
contract for its affected customers' premises; 2
(iv) a default customer retail contract taken to have been entered 3
into between each of the affected customers and the retailer 4
of last resort; 5
(v) a default customer connection contract taken to be entered 6
into between the retailer of last resort and a distributor for 7
the premises of each affected customer; 8
(g) the imposition of requirements on distributors to ensure the sale 9
of reticulated fuel gas to the defaulting retailer's customers is not 10
interrupted; 11
(h) the regulator's functions and powers under the scheme, 12
including, for example, any of the following-- 13
(i) establishing the charter for a particular defaulting retailer 14
and its affected customers; 15
(ii) applying the scheme to a particular defaulting retailer and to 16
particular customers or class of customers; 17
(iii) appointing a retailer to be the retailer of last resort; 18
(iv) procedures to be followed in making the appointment; 19
(v) supervising and giving directions to the retailer of last resort 20
about the administration of the scheme; 21
(i) the imposition of conditions on relevant retailers to give effect to 22
the scheme; 23
(j) fees for customer retail services or other services provided under 24
the scheme. 25
s 251 123 s 252
Gas Supply Bill 2003
PART 5--INSUFFICIENCY OF SUPPLY 1
DECLARATIONS AND DIRECTIONS 2
Division 1--Insufficiency of supply declarations 3
251 Minister's power to make declaration 4
The Minister may make a declaration (an "insufficiency of supply 5
declaration") that this part applies to a stated area if the Minister 6
reasonably believes the supply of fuel gas in the area-- 7
(a) is, or is likely to be, disrupted; or 8
(b) is, or is likely to become, insufficient for the reasonable 9
requirements of the community, or a part of the community, in 10
the area. 11
12
Examples of when the supply of fuel gas may be disrupted--
13
1. A retailer for the area has given a notice under section 247.71
14
2. A retailer for the area becomes an externally-administered body
15
corporate under the Corporations Act and the retailer's financial
16
position does not, or may not, allow the retailer to continue to sell fuel
17
gas in the area.
252 Requirements for making declaration 18
(1) Generally, an insufficiency of supply declaration must be made by 19
gazette notice. 20
(2) However, the Minister may make an insufficiency of supply 21
declaration by another document if the Minister is reasonably satisfied 22
extraordinary circumstances require it to be made immediately. 23
(3) If an insufficiency of supply declaration is made under 24
subsection (2), the Minister must immediately publish the making of the 25
declaration in the way the Minister considers most appropriate to notify 26
persons likely to be affected by it. 27
(4) A failure to comply with subsection (3) does not invalidate or 28
otherwise affect the declaration. 29
71 Section 247 (Notice of intention to stop fuel gas transport or customer connection or
retail services)
s 253 124 s 254
Gas Supply Bill 2003
253 Duration of declaration 1
(1) If an insufficiency of supply declaration was not made by gazette 2
notice, it expires on the third day after its making. 3
(2) If an insufficiency of supply declaration is not tabled in the 4
Legislative Assembly before the end of the next sitting day after its making, 5
it expires at the end of that day. 6
(3) Otherwise, an insufficiency of supply declaration continues in force 7
until-- 8
(a) any time provided in the declaration for its expiry; or 9
(b) it is repealed. 10
Division 2--Insufficiency of supply directions 11
254 Minister's power to give directions while declaration in force 12
(1) The Minister may give a person as follows a direction ("an 13
insufficiency of supply direction") to do or not do something to ensure 14
the safe supply of fuel gas to customers in the area the subject of an 15
insufficiency of supply declaration-- 16
(a) an industry participant; 17
(b) a stated customer, or type of customer. 18
(2) However, before making the direction, the Minister must, if it is 19
practicable to do so, give the person a reasonable opportunity to make 20
submissions about the proposed direction. 21
(3) A failure to comply with subsection (2) does not invalidate or 22
otherwise affect the direction. 23
(4) Subsection (1)(a) applies even if the person or the relevant business 24
of the person is not in the area. 25
(5) The direction may be given in any way the Minister considers 26
appropriate including, for example, by-- 27
(a) publishing a notice in a newspaper; or 28
(b) television transmission or radio broadcast. 29
s 255 125 s 256
Gas Supply Bill 2003
1
Examples of possible insufficiency of supply directions--
2
1. A direction to control, direct, restrict, or prohibit the production, distribution,
3
supply, or the consumption or use of, fuel gas.
4
2. A direction to a person who extracts, produces, transports or distributes fuel gas to
5
extract, produce or transport it for supply, or to extract produce, transport or
6
distribute it in a stated way.
7
3. A direction to comply with stated conditions for the extraction, production,
8
distribution, supply or consumption or use of fuel gas.
9
4. A direction to carry out stated work to ensure the production, distribution or
10
transportation or supply of fuel gas.
11
5. A direction to make available stated gas infrastructure.
12
6. A direction not to operate or use stated gas infrastructure, or to use it only with the
13
Minister's consent.
14
7. A direction fixing prices for fuel gas.
15
8. Directing an occupier of land to allow a stated person authorised by the Minister,
16
to enter the land to carry out a stated activity to ensure the safe supply of fuel gas
17
in the area.
18
9. A direction to comply with a contingency supply plan made for the State by the
19
regulator.
255 Failure to comply with direction 20
(1) A person to whom an insufficiency of supply direction has been given 21
must comply with the direction unless the person has a reasonable excuse. 22
Maximum penalty--500 penalty units. 23
(2) It is a reasonable excuse to not comply with the direction if 24
compliance would reasonably, or is reasonably likely to, result in a risk 25
to-- 26
(a) the safety of any one; or 27
(b) the operation or security of a pipeline or other plant or 28
equipment. 29
256 Liability of recipient for fuel gas supplied under direction 30
(1) This section applies if-- 31
(a) under an insufficiency of supply direction a person 32
(the "supplier") supplies someone else (the "recipient") with 33
fuel gas; and 34
s 257 126 s 258
Gas Supply Bill 2003
(b) the recipient consumes the fuel gas; and 1
(c) the supplier was not, other than for the direction, legally obliged 2
to supply the fuel gas to the recipient. 3
(2) The recipient must, unless the Minister otherwise approves, pay the 4
supplier a reasonable amount for the fuel gas. 5
(3) In working out what is a reasonable amount for the fuel gas, regard 6
must be had to-- 7
(a) the cost to the supplier of producing or transporting the gas; and 8
(b) any lost revenue to the supplier as a result of the gas being 9
redirected. 10
257 Direction overrides contracts 11
If there is an inconsistency between an insufficiency of supply direction 12
and a contract as follows, the direction prevails to the extent of the 13
inconsistency-- 14
(a) a customer connection contract; 15
(b) a customer retail contract; 16
(c) another contract relating to the production, transport or sale of 17
fuel gas.72 18
CHAPTER 5--DISPUTE RESOLUTION 19
PART 1--REGULATOR'S ROLE 20
258 Complaint investigation and dispute resolution 21
The regulator's functions under this Act include-- 22
(a) investigating complaints by customers about the performance or 23
operation of distributors or retailers; and 24
72 See also section 315 (Protection from civil liability for particular persons).
s 259 127 s 260
Gas Supply Bill 2003
(b) the referral, under part 2, of disputes between a distributor or 1
retailer and a customer; and 2
(c) the resolution, under part 3, of disputes between a distributor and 3
a public entity about gas infrastructure work or proposed gas 4
infrastructure work. 5
259 Regulator's power to require information 6
(1) The regulator may, by notice, require a distributor, retailer or public 7
entity (the "party") to give the regulator stated information the regulator 8
reasonably requires to enable the regulator to perform the functions under 9
section 258. 10
(2) The notice must be accompanied by, or include, an information 11
notice about the decision to make the requirement. 12
(3) The information must be given within a reasonable period after the 13
regulator gives the notice, unless the party has a reasonable excuse. 14
Maximum penalty--500 penalty units. 15
(4) It is a reasonable excuse not to give the information if giving it might 16
tend to incriminate the party. 17
PART 2--CUSTOMER DISPUTES 18
Division 1--Preliminary 19
260 Application of pt 2 20
(1) This section applies to a customer only if the customer's 21
consumption of reticulated fuel gas has been less than 1 TJ in all 12 month 22
periods. 23
(2) This part applies to disputes between a distributor or retailer and the 24
customer about any of the following-- 25
(a) whether the distributor or retailer is obliged under this Act to 26
grant an application for customer connection or retail services to 27
premises of the customer; 28
s 261 128 s 263
Gas Supply Bill 2003
(b) if the customer is a protected customer--whether the terms of a 1
customer connection or retail contract, or proposed customer 2
connection or retail contract are fair and reasonable; 3
(c) the performance of a function or exercise of a power of the 4
distributor or retailer under this Act; 5
(d) the performance or operation of an entity as a distributor or 6
retailer. 7
(3) This part applies even if the dispute may be dealt with under another 8
Act.73 9
(4) However, this part does not apply if the dispute may be dealt with 10
under-- 11
(a) the Queensland Competition Authority Act 1997; or 12
(b) the Gas Pipelines Access Law. 13
261 Availability of other remedies 14
Subject to section 120ZR of the Electricity Act 1994, as applied by 15
section 265,74 this division does not prevent a party to the dispute 16
exercising other rights before a court or tribunal or otherwise. 17
Division 2--Procedure 18
262 Referral to regulator 19
(1) A party to the dispute may refer it to the regulator. 20
(2) The referral must be in the approved form. 21
263 Further referral to energy mediator or arbitrator 22
(1) The regulator must refer the dispute to an energy mediator if the 23
customer requests the referral. 24
73 See, for example, the Gas Regulation 1989, section 57 (Testing for correctness of
registration).
74 Electricity Act, section 120ZR (Exclusion of other jurisdictions) and section 265 of
this Act (Disputes referred to energy arbitrator)
s 264 129 s 264
Gas Supply Bill 2003
(2) The regulator must refer the dispute to an energy arbitrator if-- 1
(a) the customer requests the referral, whether or not the dispute has 2
already been referred to an energy mediator; or75 3
(b) mediation of the dispute by an energy mediator has ended 4
without a mediated agreement about the whole of the dispute 5
being made.76 6
(3) The referral or request must be written. 7
(4) The regulator must not make a referral if-- 8
(a) the regulator considers the subject of the dispute, as referred to 9
the regulator, is frivolous or vexatious; or 10
(b) the regulator knows a party to the dispute has started a 11
proceeding concerning an issue in the dispute. 12
(5) A dispute must not be referred to an energy arbitrator to whom the 13
dispute, or part of the dispute, has been referred to as an energy mediator. 14
(6) In this section-- 15
"energy arbitrator" means an energy arbitrator under the Electricity Act. 16
"energy mediator" means an energy mediator under the Electricity Act. 17
264 Disputes referred to energy mediator 18
If, under section 263, a dispute is referred to an energy mediator, the 19
Electricity Act, chapter 5, part 1B77 applies-- 20
(a) as if the dispute were a dispute referred to an energy mediator 21
under section 119(5)78 of that Act; and 22
(b) as if a reference in the part to the regulator were a reference to 23
the regulator under this Act; and 24
75 See also the Electricity Act, section 120ZN(1)(c) (When mediation ends).
76 See also the Electricity Act, chapter 5, part 1C (Disputes referred to energy
arbitrator).
77 Electricity Act, chapter 5, part 1B (Disputes referred to energy mediator)
78 Electricity Act, section 119 (Regulator's role in disputes between electricity entity
and customers or occupiers)
s 265 130 s 266
Gas Supply Bill 2003
(c) as if the reference in section 120ZJ(2)(b)79 of that Act referred to 1
this Act; and 2
(d) as if the reference in section 120ZN(1)(c)80 of that Act to 3
section 119(6)(a) of that Act were a reference to section 263(2) 4
of this Act. 5
265 Disputes referred to energy arbitrator 6
If, under section 263, a dispute is referred to an energy arbitrator, the 7
Electricity Act, chapter 5, part 1C81 applies-- 8
(a) as if the dispute were a dispute referred to an energy arbitrator 9
under section 119(6)82 of that Act; and 10
(b) as if a reference in the part to the regulator were a reference to 11
the regulator under this Act; and 12
(c) as if the reference in section 120ZJ(2)(b)83 of that Act referred to 13
this Act; and 14
(d) as if the reference in section 120ZZE(2) of that Act to 15
section 133(1) of that Act were a reference to-- 16
(i) for a distributor--section 57 of this Act; or 17
(ii) for a retailer--section 181 of this Act.84 18
PART 3--GAS INFRASTRUCTURE WORK DISPUTES 19
266 Application of pt 3 20
This part applies to a dispute between a distributor and a public entity 21
about gas infrastructure work or proposed gas infrastructure work. 22
79 Electricity Act, section 120ZJ (Energy mediator to maintain secrecy)
80 Electricity Act, section 120ZN (When mediation ends)
81 Electricity Act, chapter 5, part 1C (Disputes referred to energy arbitrator)
82 Electricity Act, section 119 (Regulator's role in disputes between electricity entity
and customers or occupiers)
83 Electricity Act, section 120ZJ (Energy mediator to maintain secrecy)
84 Sections 57 and 181 (Conditions for amendment, cancellation or suspension)
s 267 131 s 270
Gas Supply Bill 2003
267 Referral to regulator to mediate 1
Either party to the dispute may refer it to the regulator to mediate. 2
268 Regulator's powers 3
The regulator may-- 4
(a) give instructions about procedures to be followed by the parties 5
to the dispute to attempt to resolve it before the regulator 6
mediates it;85 or 7
(b) engage someone else, other than a court, to help mediate the 8
dispute; or 9
(c) decide not to mediate the dispute and refer it to the Governor in 10
Council to decide. 11
269 Resolution by Governor in Council 12
(1) This section applies if the regulator refers the dispute to the Governor 13
in Council to decide. 14
(2) Before deciding the dispute, the Governor in Council must-- 15
(a) give the parties a reasonable opportunity to make written 16
submissions about the dispute; and 17
(b) have regard to any submissions made under paragraph (a). 18
(3) The submissions must be made to the regulator. 19
(4) The Governor in Council's decision binds the parties. 20
270 Exclusion of other jurisdictions 21
(1) If the dispute has been referred to the Governor in Council, the 22
following matters are not justiciable by a court or tribunal at the instigation 23
of a party to the dispute-- 24
(a) the issue in the dispute; 25
(b) any issue that emerges in the course of the Governor in Council's 26
deciding of the dispute. 27
85 See also section 259 (Regulator's power to require information).
s 271 132 s 272
Gas Supply Bill 2003
(2) However, subsection (1) does not apply if the proceeding before the 1
court or tribunal was started before the dispute was referred to the 2
Governor in Council. 3
CHAPTER 6--MISCELLANEOUS PROVISIONS 4
PART 1--REVIEWS AND APPEALS 5
Division 1--Reviews 6
271 Who may apply for review 7
(1) A person who has been given, or is entitled to be given, an 8
information notice about a decision under this Act mentioned in schedule 2 9
(an "original decision") may apply for a review of the decision (a "review 10
application"). 11
(2) A review application may be made only to the following person 12
(the "reviewer")-- 13
(a) if the original decision to which the application relates was made 14
by the regulator--the Minister; 15
(b) otherwise--the regulator. 16
272 Requirements for making review application 17
(1) A review application must be-- 18
(a) made within 20 business days after-- 19
(i) if the person has been given an information notice about the 20
original decision to which the application relates--the day 21
the person is given the notice; or 22
(ii) if subparagraph (i) does not apply--the day the person 23
otherwise becomes aware of the original decision; and 24
(b) made in the approved form; and 25
s 273 133 s 274
Gas Supply Bill 2003
(c) accompanied by a statement of the grounds on which the 1
applicant seeks the review of the decision; and 2
(d) supported by enough information to enable the decision to be 3
reviewed. 4
(2) However, the reviewer may extend the period for making the 5
application. 6
273 Stay of operation of original decision 7
(1) The reviewer may grant a stay of the original decision to secure the 8
effectiveness of the review. 9
(2) A stay-- 10
(a) may be given on the conditions the reviewer considers 11
appropriate; and 12
(b) operates for the period fixed by the reviewer; and 13
(c) may be amended or cancelled by the reviewer. 14
(3) The period of a stay under this section must not extend past the time 15
when the reviewer decides the review. 16
(4) The review affects the decision, or carrying out of the decision, only 17
if it is stayed. 18
274 Review decision 19
(1) The reviewer must, within 20 business days after the review 20
application is made-- 21
(a) review the original decision; and 22
(b) make a decision (the "review decision") to-- 23
(i) confirm the original decision; or 24
(ii) amend the original decision; or 25
(iii) substitute another decision for the original decision. 26
(2) If the review decision confirms the original decision, for the purpose 27
of an appeal, the original decision is taken to be the review decision. 28
(3) If the review decision amends the original decision, for the purpose 29
of an appeal, the original decision as amended is taken to be the review 30
decision. 31
s 275 134 s 277
Gas Supply Bill 2003
275 Review procedure 1
(1) A review application for an original decision, other than an original 2
decision made by the reviewer personally, must not be dealt with by-- 3
(a) the person who made the decision; or 4
(b) a person in a less senior office than the person who made the 5
decision. 6
(2) Subsection (1) applies despite the Acts Interpretation Act 1954, 7
section 27A(7).86 8
(3) The reviewer may, in making the review decision, seek and take into 9
account advice or information from any other person, including, for 10
example, a review panel established by the reviewer. 11
276 Reviewer may seek advice or information 12
(1) To help the reviewer make the review decision, the reviewer may 13
seek advice or information from any other person. 14
(2) The matters the reviewer may take into account in making the review 15
decision include any advice or information obtained under subsection (1) 16
for the decision or another review decision the reviewer has been asked to 17
make. 18
(3) If the reviewer obtains advice or information under subsection (1) for 19
the review decision or, in making the decision, takes into account advice or 20
information the reviewer obtained for another review decision, the 21
reviewer must-- 22
(a) if the advice or information is written--give a copy to the parties 23
to the review; or 24
(b) if the advice or information is oral--disclose the substance of the 25
advice to the parties. 26
277 Offence about disclosure of advice or information 27
(1) This section applies if, under section 276, the reviewer gives a copy 28
of advice or information, or discloses the substance of advice or 29
information, to a party to the review. 30
86 The Acts Interpretation Act 1954, section 27A (Delegation of powers)
s 278 135 s 280
Gas Supply Bill 2003
(2) The party must not disclose the advice or information to another 1
person unless the party has a reasonable excuse. 2
Maximum penalty--20 penalty units. 3
(3) It is a reasonable excuse for the party to make the disclosure if the 4
disclosure is for the review or an appeal against the review decision. 5
278 Notice of review decision 6
(1) The reviewer must, within 10 business days after making a review 7
decision, give the applicant notice (a "review notice") of the decision. 8
(2) If the review decision is not the decision sought by the applicant, the 9
review notice must also include, or be accompanied by, an information 10
notice about the decision. 11
(3) If the reviewer does not give the review notice within the 10 business 12
days, the reviewer is taken to have made a review decision confirming the 13
original decision. 14
Division 2--Appeals 15
279 Who may appeal 16
(1) A person who has been given, or is entitled to be given, a review 17
notice for a review decision may appeal against the decision to the District 18
Court. 19
(2) A person who has been given, or is entitled to be given, an 20
information notice about a decision under section 23387 may appeal against 21
the decision to the District Court. 22
280 Period to appeal 23
(1) The appeal must be started within 20 business days after-- 24
(a) for an appeal from a review decision-- 25
(i) if the person has been given a review notice about the 26
review decision to which the appeal relates--the day the 27
person is given the notice; or 28
87 Section 233 (Directions for prices notification)
s 281 136 s 283
Gas Supply Bill 2003
(ii) if subparagraph (i) does not apply--the day the person 1
otherwise becomes aware of the review decision; or 2
(b) for an appeal from another decision-- 3
(i) if the person has been given an information notice about the 4
decision--the day the person is given the notice; or 5
(ii) if subparagraph (i) does not apply--the day the person 6
otherwise becomes aware of the decision. 7
(2) However, the District Court may, at any time, extend the period for 8
making an appeal. 9
281 Starting appeal 10
(1) The appeal is started by filing a written notice of appeal with the 11
District Court. 12
(2) A copy of the notice must be served on the original decider. 13
282 Stay of operation of decision 14
(1) The District Court may grant a stay of the decision to secure the 15
effectiveness of the appeal. 16
(2) A stay-- 17
(a) may be given on the conditions the court considers appropriate; 18
and 19
(b) operates for the period fixed by the court; and 20
(c) may be amended or cancelled by the court. 21
(3) The period of a stay under this section must not extend past the time 22
when the court decides the appeal. 23
(4) The appeal affects the decision, or carrying out of the decision, only 24
if it is stayed. 25
283 Hearing procedures 26
(1) In deciding an appeal, the District Court-- 27
(a) has the same powers as the original decider; and 28
(b) is not bound by the rules of evidence; and 29
s 284 137 s 286
Gas Supply Bill 2003
(c) must comply with natural justice; and 1
(d) may hear the appeal in court or in chambers. 2
(2) An appeal is by way of rehearing, unaffected by the decision. 3
(3) Subject to subsections (1) and (2), the procedure for the appeal is-- 4
(a) in accordance with the rules for the court; or 5
(b) in the absence of relevant rules, as directed by the court. 6
(4) A power under an Act to make rules for the court includes power to 7
make rules for appeals under this division. 8
284 District Court's powers on appeal 9
(1) In deciding an appeal, the District Court may-- 10
(a) confirm the decision; or 11
(b) set aside the decision and substitute another decision; or 12
(c) set aside the decision and return the issue to the original decider 13
with the directions the court considers appropriate. 14
(2) If the court substitutes another decision, the substituted decision is, 15
for this Act, other than this part, taken to be the decision of the original 16
decider. 17
285 Appeals from District Court's decision 18
An appeal to the Supreme Court against a decision of the District Court 19
may be made only on a question of law. 20
PART 2--GENERAL OFFENCES 21
286 Unlawfully operating distribution pipeline 22
(1) A person must not unlawfully operate a distribution pipeline. 23
Maximum penalty--500 penalty units. 24
s 287 138 s 288
Gas Supply Bill 2003
(2) A person unlawfully operates a distribution pipeline if the person 1
transports fuel gas through the pipeline or provides customer connection 2
services to premises in relation to the pipeline, unless-- 3
(a) a distribution authority authorising the transportation or customer 4
connection services is in force and the person holds, or is acting 5
under, the authority; or 6
(b) the pipeline is completely within a lot, or contiguous lots, owned 7
by the same person; or 8
9
Example--
10
A pipeline in a shopping centre on a lot or lots owned by the same person.
(c) the pipeline is completely within contiguous lots if the fuel gas is 11
only transported to 1 other person; or 12
(d) the person is, or is acting for, an on-supplier and the transport or 13
customer connection services complies with chapter 3, part 3;88 14
or 15
(e) the transport or customer connection services is carried out under 16
an insufficiency of supply direction.89 17
287 Unlawful tampering with gas infrastructure 18
A person must not wilfully tamper with a distributor's gas infrastructure 19
unless the person has a lawful excuse. 20
Maximum penalty--500 penalty units.90 21
288 Unlawfully selling reticulated fuel gas 22
(1) A person must not unlawfully sell reticulated fuel gas. 23
Maximum penalty--500 penalty units. 91
24
(2) A person unlawfully sells reticulated fuel gas if the person sells 25
reticulated fuel gas to someone else, unless-- 26
88 Chapter 3, part 3 (On-supply)
89 See however section 339 (Deferred application of ss 286 and 288 for particular
persons).
90 See also section 295 (Evidence of tampering with gas infrastructure).
91 See also section 302 (Additional consequences of unlawfully selling reticulated fuel
gas).
s 289 139 s 290
Gas Supply Bill 2003
(a) a retail authority or point-to-point distribution authority 1
authorising the sale is in force and the person holds, or is acting 2
under, the authority; or 3
(b) the relevant distribution pipeline is completely within a lot, or 4
contiguous lots, owned by the same person; or 5
6
Example--
7
A pipeline in a shopping centre on a lot or lots owned by the same person.
(c) the relevant distribution pipeline is completely within contiguous 8
lots if the fuel gas is only transported to 1 other person; or 9
(d) the person is, or is acting for, an on-supplier and the on-supplier 10
has complied with chapter 3, part 3 in relation to the sale and any 11
on-supply agreement that relates to the sale;92 or 12
(e) the sale is made under an insufficiency of supply direction.93 13
289 Unlawfully taking fuel gas 14
(1) A person must not unlawfully take fuel gas. 15
Maximum penalty--500 penalty units. 16
(2) A person unlawfully takes fuel gas if the person takes fuel gas from 17
any of the following, unless the person has a lawful excuse-- 18
(a) a distribution pipeline; 19
(b) a pipeline connected from the exit point of a meter installed for a 20
customer's premises.94 21
290 False or misleading information 22
(1) A person must not make an entry in a document required to be kept 23
under this Act knowing the entry to be false or misleading in a material 24
particular. 25
Maximum penalty--60 penalty units. 26
92 Chapter 3, part 3 (On-supply)
93 See however sections 339 (Deferred application of ss 286 and 288 for particular
persons) and 340 (Deferred application of ss 288 and 302 for particular persons).
94 See also section 297 (Evidence of unlawful taking of fuel gas).
s 291 140 s 292
Gas Supply Bill 2003
(2) A person of whom a direction or requirement under this Act has been 1
made must not state anything or give a document or thing in response to the 2
direction or requirement that the person knows is false or misleading in a 3
material particular. 4
Maximum penalty--60 penalty units.95 5
291 Attempts to commit offences 6
(1) A person who attempts to commit an offence against this Act 7
commits an offence. 8
Maximum penalty for an attempt--half the maximum penalty for the 9
completed offence. 10
(2) The Criminal Code, section 496 applies to subsection (1). 11
PART 3--OFFENCE PROCEEDINGS 12
Division 1--General provisions 13
292 Offences under Act are summary 14
(1) An offence against this Act is a summary offence. 15
(2) A proceeding for an offence against this Act must start within the 16
later of the following periods to end-- 17
(a) 1 year after the commission of the offence; 18
(b) 6 months after the offence comes to the complainant's 19
knowledge, but within 2 years after the commission of the 20
offence. 21
95 See also section 294 (Allegations of false or misleading matters).
96 The Criminal Code, section 4 (Attempts to commit offences)
s 293 141 s 295
Gas Supply Bill 2003
293 Statement of complainant's knowledge 1
In a complaint starting a proceeding for an offence against this Act, a 2
statement that the matter of the complaint came to the complainant's 3
knowledge on a stated day is evidence the matter came to the complainant's 4
knowledge on that day. 5
294 Allegations of false or misleading matters 6
(1) This section applies to a proceeding for an offence against this Act 7
described as involving-- 8
(a) false or misleading information; or 9
(b) a false or misleading document or statement. 97
10
(2) It is enough for the complaint starting the proceeding to state the 11
document, information or statement was `false or misleading' to the 12
defendant's knowledge, without specifying which. 13
(3) In the proceeding, evidence that the document, information or 14
statement was given or made recklessly is evidence that it was given or 15
made so as to be false or misleading. 16
295 Evidence of tampering with gas infrastructure 17
If-- 18
(a) on, or in association with, a customer's fuel gas installation there 19
exists a way to change or tamper with a distributor's gas 20
infrastructure; and 21
(b) the gas infrastructure is in the control or custody of the customer; 22
and 23
(c) there is a change to or tampering with the gas infrastructure; 24
evidence of the existence of the way is evidence that the change or 25
tampering has been caused by the customer.98 26
97 See section 290 (False or misleading information).
98 See section 287 (Unlawful tampering with gas infrastructure).
s 296 142 s 297
Gas Supply Bill 2003
296 Conduct of representatives 1
(1) This section applies to a proceeding for an offence against this Act if 2
it is relevant to prove a person's state of mind about particular conduct. 3
(2) It is enough to show-- 4
(a) the conduct was engaged in by a representative of the person 5
within the scope of the representative's actual or apparent 6
authority; and 7
(b) the representative had the state of mind. 8
(3) Conduct engaged in for a person by a representative of the person 9
within the scope of the representative's actual or apparent authority is 10
taken to have been engaged in also by the person unless the person 11
proves-- 12
(a) if the person was in a position to influence the representative in 13
relation to the conduct--the person took reasonable steps to 14
prevent the conduct; or 15
(b) the person was not in a position to influence the representative in 16
relation to the conduct. 17
(4) In this section-- 18
"engaging" in conduct includes failing to engage in conduct. 19
"representative" means-- 20
(a) for a corporation--an agent, employee or executive officer of the 21
corporation; or 22
(b) for an individual--an agent or employee of the individual. 23
"state of mind" of a person includes the person's-- 24
(a) belief, intention, knowledge, opinion or purpose; and 25
(b) reasons for the belief, intention, opinion or purpose. 26
Division 2--Provisions for proceedings for unlawfully taking fuel gas 27
297 Evidence of unlawful taking of fuel gas 28
If-- 29
(a) on, or in association with, a customer's fuel gas installation there 30
exists a way to unlawfully take fuel gas; and 31
s 298 143 s 300
Gas Supply Bill 2003
(b) fuel gas is unlawfully taken from the fuel gas installation; 1
evidence of the existence of the way is evidence that the customer has 2
unlawfully taken the fuel gas. 3
298 Proceeding may be for a period 4
If the day or days on which a person is alleged to have been unlawfully 5
taking fuel gas can not be established, the person may-- 6
(a) be charged with 1 offence of unlawfully taking fuel gas over, or 7
at some unknown time during, a stated period; and 8
(b) be convicted and punished accordingly. 9
299 Ownership of fuel gas for proceeding 10
In a proceeding for an offence against this or another Act in which it is 11
claimed fuel gas has been unlawfully taken, the fuel gas is taken to belong 12
to any person through whose distribution or other pipeline the fuel gas was 13
being transported when it was unlawfully taken. 14
PART 4--GENERAL REMEDIES99 15
300 Forfeiture and costs of remedial work 16
(1) If a court convicts a person for an offence against this Act, it may-- 17
(a) order the forfeiture to the State of-- 18
(i) anything used to commit the offence; or 19
(ii) anything else the subject of the offence; and 20
(b) make any order to enforce the forfeiture it considers appropriate; 21
and 22
99 See also sections 101 (Compensation), 124 (Compensation for failure to discontinue
or recommence), 145 (Compensation from distributor to owner or occupier) and
221 (Additional consequences of not complying with div 3).
s 301 144 s 302
Gas Supply Bill 2003
(c) order the person to pay the State the amount of costs it incurred 1
for remedial work that was necessary or desirable because of the 2
commission of the offence. 3
(2) Forfeiture of a thing may be ordered-- 4
(a) whether or not it has been seized under another Act; and 5
(b) if it has been seized, whether or not it has been returned to its 6
owner. 7
301 Additional consequences of unlawfully operating distribution pipe 8
(1) This section applies if, under section 286,100 a person unlawfully 9
transports fuel gas or provides customer connection services. 10
(2) The person can not recover from anyone else an amount for-- 11
(a) the fuel gas; or 12
(b) the transportation; or 13
(c) the services. 14
(3) Subsection (2) applies whether or not the person has been convicted 15
for an offence against section 286. 16
(4) If a court convicts a person for an offence against section 286 relating 17
to the transportation or services, the court, or another court of competent 18
jurisdiction, may order the person to pay the State the amount of any profits 19
the person made because of the transportation or services. 20
302 Additional consequences of unlawfully selling reticulated fuel gas 21
(1) This section applies if, under section 288,101 a person unlawfully sells 22
reticulated fuel gas to someone else.102 23
(2) The person can not recover from the other person an amount for-- 24
(a) the supply of the fuel gas; or 25
(b) other customer retail services provided in relation to the supply. 26
100 Section 286 (Unlawfully operating distribution pipeline)
101 Section 288 (Unlawfully selling reticulated fuel gas)
102 See however section 340 (Deferred application of ss 288 and 302 for particular
persons).
s 303 145 s 306
Gas Supply Bill 2003
(3) Subsection (2) applies whether or not the person has been convicted 1
for an offence against section 288. 2
(4) If a court convicts a person for an offence against section 288 relating 3
to the supply, the court, or another court of competent jurisdiction, may 4
order the person to pay the State the amount of any profits the person made 5
because of the supply. 6
303 Recovery of unlawful profits 7
If a court convicts a distributor or retailer for an offence against this Act, 8
the court or another court of competent jurisdiction, may order the 9
distributor or retailer to pay the State the amount of any profits the 10
distributor or retailer made because of the commission of the offence. 11
PART 5--EVIDENTIARY PROVISIONS 12
304 Application of pt 5 13
This part applies to a proceeding under or in relation to this Act. 14
305 Appointments and authority 15
The following must be presumed unless a party to the proceeding, by 16
reasonable notice, requires proof of it-- 17
(a) the appointment of a distribution officer; 18
(b) the power of the Minister or the regulator to do anything under 19
this Act. 20
306 Signatures 21
A signature purporting to be the signature of the Minister or the 22
regulator is evidence of the signature it purports to be. 23
s 307 146 s 308
Gas Supply Bill 2003
307 Other evidentiary aids 1
A certificate purporting to be signed by the regulator stating any of the 2
following matters is evidence of the matter-- 3
(a) a stated document is a thing as follows given, issued, kept or 4
made under this Act-- 5
(i) an appointment, approval or decision; 6
(ii) a declaration, direction, notice or requirement; 7
(iii) a distribution or retail authority; 8
(iv) the register; 9
(v) another record; 10
(b) a stated document is another document kept under this Act; 11
(c) a stated document is a copy of, or an extract from or part of, a 12
thing mentioned in paragraph (a) or (b); 13
(d) that, on a stated day-- 14
(i) a stated person was given a stated decision, direction or 15
notice under this Act; or 16
(ii) a stated requirement under this Act was made of a stated 17
person; 18
(e) on a stated day, or during a stated period, a distribution or retail 19
authority-- 20
(i) was, or was not, in force; or 21
(ii) was, or was not, subject to a stated condition; or 22
(iii) was, or was not, cancelled; 23
(f) a stated amount is payable under this Act by a stated person and 24
has not been paid. 25
PART 6--REGISTER OF AUTHORITIES 26
308 Register 27
The regulator must keep a register of-- 28
s 309 147 s 310
Gas Supply Bill 2003
(a) details about distribution and retail authorities; and 1
(b) other documents relating to this Act the regulator considers 2
appropriate. 3
309 Keeping of register 4
(1) The regulator must include in the register information about-- 5
(a) for a distribution authority--the matters mentioned in 6
section 28(a) to (e); and 7
(b) for a retail authority--the matters mentioned in section 149(a) 8
to (c).103 9
(2) If an authority is cancelled, suspended or surrendered, the regulator 10
must record in the register-- 11
(a) the cancellation, surrender or suspension, and when it took 12
effect; and 13
(b) for a suspension--when the suspension started and, if it is for a 14
period, when it is to end. 15
(3) The regulator may include in the register other details about 16
distribution or retail authorities. 17
(4) If under this Act there is a change relating to information kept in the 18
register the regulator must-- 19
(a) amend the register to reflect the change; and 20
(b) record in the register when the information was amended. 21
(5) For subsection (4), the change is made on the later of the following-- 22
(a) if the change requires approval under this Act--when it was 23
approved; 24
(b) when it takes effect. 25
310 Access to register 26
(1) The regulator must-- 27
103 Sections 28 and 149 (Requirements for application)
s 311 148 s 311
Gas Supply Bill 2003
(a) keep the register open for inspection by the public during office 1
hours on business days at-- 2
(i) the department's head office; and 3
(ii) other places the regulator considers appropriate; and 4
(b) allow a person to take extracts, free of charge, from the register; 5
and 6
(c) if a person asks for a copy of the register, or a part of it--give the 7
person the copy on payment of an appropriate fee for the copy. 8
(2) This section does not apply to any part of the register that is FOI 9
exempt matter. 10
(3) In this section-- 11
"appropriate fee", for a copy of a register, or a part of it, means a fee that 12
is no more than the reasonable costs incurred in making and giving the 13
copy. 14
PART 7--ADDITIONAL PROVISIONS FOR 15
APPLICATIONS 16
311 Substantial compliance with application requirements may be 17
accepted 18
If-- 19
(a) a person has made, or purported to make, an application under 20
this Act; and 21
(b) the requirements under this Act for making the application have 22
not been complied with; and 23
(c) the person who must decide the application is reasonably 24
satisfied the information provided in or with the application is 25
enough to allow the person to decide the application in the way 26
required under this Act; 27
the person may decide to allow the application to proceed as if it did 28
comply with the requirements. 29
s 312 149 s 314
Gas Supply Bill 2003
312 Additional information may be required about application 1
(1) If a person (the "decision maker") is deciding, or is required to 2
decide, an application under this Act, the decision maker may, by notice, 3
require the applicant to give the decision maker within a stated reasonable 4
period-- 5
(a) additional information about, or a document relevant to, the 6
application; or 7
(b) a statutory declaration verifying any information included in the 8
application or any additional information required under 9
paragraph (a). 10
(2) If the applicant does not give the decision maker the additional 11
information or declaration by the stated day, the decision maker may refuse 12
the application. 13
(3) The applicant must pay any costs incurred in complying with the 14
notice. 15
313 Power to refund application fee on withdrawal 16
(1) If an application under this Act is withdrawn, the person who must 17
decide the application may refund the whole or part of any fee paid for the 18
application. 19
(2) In deciding whether to refund, the person must have regard to-- 20
(a) when the application was made; and 21
(b) when it was withdrawn; and 22
(c) the extent to which the application was decided before the 23
withdrawal. 24
PART 8--OTHER MISCELLANEOUS PROVISIONS 25
314 Replacement of authority 26
(1) If an authority under this Act has been lost, stolen or destroyed, its 27
holder may apply to the regulator who may issue the authority to replace it. 28
(2) The regulator must decide to grant or refuse the application. 29
s 315 150 s 316
Gas Supply Bill 2003
(3) If the regulator is reasonably satisfied the authority or licence has 1
been lost, stolen or destroyed, the regulator must grant the application and 2
replace it. 3
(4) If the regulator decides to refuse the application, the regulator must, 4
as soon as practicable, give the holder an information notice about the 5
decision. 6
315 Protection from civil liability for particular persons 7
(1) This section applies to each of the following persons (a "relevant 8
person")-- 9
(a) the Minister; 10
(b) the regulator; 11
(c) a person to whom an insufficiency of supply direction has been 12
given and who is complying with the direction; 13
(d) an industry participant to whom a notice under section 245104 has 14
been given and who is complying with the notice. 15
(2) A relevant person is not civilly liable to someone for an act done, or 16
omission made, honestly and without negligence under this Act. 17
(3) If subsection (2) prevents a civil liability attaching to a relevant 18
person, the liability attaches instead to the State. 19
(4) In this section-- 20
"civil liability" includes liability for the payment of costs ordered to be 21
paid in a proceeding for an offence against this Act. 22
316 Limitation of liability of distributors and retailers 23
(1) This section applies if a person incurs a cost, damage or loss 24
because-- 25
(a) of a partial or total failure to supply fuel gas; or 26
(b) defective reticulated fuel gas was supplied to the person. 27
(2) A distributor or retailer is not civilly liable for the cost, damage or 28
loss if-- 29
104 Section 245 (Regulator's power to require information from industry participant)
s 317 151 s 318
Gas Supply Bill 2003
(a) the failure or defect was caused by a circumstance beyond the 1
distributor's or retailer's control; and 2
(b) in relation to the supply, the distributor or retailer-- 3
(i) complied with this Act and the conditions of any relevant 4
distribution or retail authority; and 5
(ii) acted in good faith and without negligence. 6
(3) Subsection (2)-- 7
(a) is subject to any agreement between the person and the 8
distributor or retailer; and 9
(b) does not limit section 6(3).105 10
317 Power to require additional information 11
(1) This section applies if-- 12
(a) a person is required under this Act to give the Minister or the 13
regulator a notice or copy of a document or information 14
(the "advice"); and 15
(b) the person gives the advice. 16
(2) The Minister or the regulator may, by notice, require the person to 17
give, within the reasonable time stated in the notice, written information 18
about the matter for which the advice was given. 19
(3) The person must comply with the notice. 20
Maximum penalty for subsection (3)--300 penalty units. 21
318 Confidentiality of particular information 22
(1) This section applies if-- 23
(a) a person gives information in response to-- 24
(i) a direction under section 233; or 25
(ii) a requirement under section 245; or 26
(iii) a requirement under section 317 that relates to information 27
given under section 233 or 245; and 28
105 Section 6 (Act does not affect other rights or remedies)
s 319 152 s 320
Gas Supply Bill 2003
(b) the information is FOI exempt matter.106 1
(2) If an official acquires the information in the official's capacity as an 2
official the official must not disclose the information to any one else, unless 3
the disclosure is-- 4
(a) made with the person's consent; or 5
(b) expressly permitted or required under another Act. 6
Maximum penalty--100 penalty units. 7
(3) In this section-- 8
"official" means-- 9
(a) the Minister; or 10
(b) the regulator; or 11
(c) a person who is, or has been, a public service employee. 12
319 Application of provisions 13
(1) This section applies if a provision of this Act applies any of the 14
following (the "applied law") for a purpose-- 15
(a) another provision of this Act; 16
(b) another law; 17
(c) a provision of another law. 18
(2) The applied law and any definition relevant to it apply with 19
necessary changes. 20
(3) Subsection (2) is not limited merely because a provision states how 21
the applied law is to apply. 22
320 Delegation by Minister 23
(1) The Minister may delegate the Minister's powers under this Act to an 24
appropriately qualified public service officer or employee. 25
(2) However, the Minister can not delegate the power to make an 26
insufficiency of supply declaration. 27
106 Sections 233 (Directions for prices notification) and 245 (Regulator's power to
require information from industry participant).
s 321 153 s 324
Gas Supply Bill 2003
(3) The Minister may delegate the Minister's powers under section 228 1
or 233 to QCA.107 2
321 Delegation by regulator 3
The regulator may delegate the regulator's powers under this Act to an 4
appropriately qualified public service officer or employee. 5
322 Approved forms 6
The regulator may approve forms for use under this Act. 7
323 Regulation-making power 8
(1) The Governor in Council may make regulations under this Act. 9
(2) A regulation may be made about any of the following-- 10
(a) the fees payable under this Act, including late payment fees; 11
(b) imposing a penalty of no more than 20 penalty units for a 12
contravention of a provision of a regulation. 13
CHAPTER 7--TRANSITIONAL PROVISIONS 14
PART 1--PRELIMINARY 15
324 Definitions for ch 7 16
In this chapter-- 17
"commencement" means the day section 354108 commences. 18
"consolidated authority" see section 333(1)(a). 19
107 Sections 228 (Fixing of prices for customer retail services or on-supply) and
233 (Directions for prices notification)
108 Section 354 (Replacement of pt 3 (Granting of franchises))
s 325 154 s 326
Gas Supply Bill 2003
"first anniversary" means the day that is the first anniversary of the 1
commencement. 2
"new authority" means-- 3
(a) a distribution or retail authority that, under part 3, division 1,109 is 4
taken to have been issued; or 5
(b) a consolidated distribution or retail authority issued under 6
section 335(1). 7
"original authorities" see section 333(1). 8
PART 2--FRANCHISES AND AUTHORISATIONS 9
UNDER GAS (RESIDUAL PROVISIONS) ACT 10
325 Franchises and authorisations cease to have effect 11
To remove any doubt, it is declared that on the commencement, each of 12
the following cease to have effect-- 13
(a) a franchise under the Gas (Residual Provisions) Act, former 14
part 3; 15
(b) an authorisation under the Gas (Residual Provisions) Act, former 16
part 5 or former section 52C(1)(d).110 17
326 Franchise applications 18
(1) On the commencement, an application for a franchise under the Gas 19
(Residual Provisions) Act, former part 3, lapses. 20
(2) If, before the commencement, the application had been decided the 21
decision ceases to have effect. 22
23
109 Part 3, division 1 (Issue of new authorities)
110 Gas (Residual Provisions) Act, former part 3 (Granting of franchises) and part 5
(Provisions relating to contestability) and former section 52C (Restriction on
constructing or maintaining pipe).
s 327 155 s 328
Gas Supply Bill 2003
PART 3--NEW DISTRIBUTION AND RETAIL 1
AUTHORITIES 2
Division 1--Issue of new authorities 3
327 New area distribution authorities--sch 3, pt 1 4
(1) Each entity named in schedule 3, part 1, is, on the commencement, 5
taken to have been issued an area distribution authority for each 6
distribution area stated in the part under the entity's name. 7
(2) The boundaries of the distribution areas are described in the 8
departmental maps with the numbers stated opposite the name of the 9
area.111 10
(3) However, if the schedule states an excluded area for a distribution 11
area, the excluded area is not part of the distribution area. 12
(4) The area distribution authorities are not greenfield distribution 13
authorities. 14
328 New area retail authorities--sch 3, pt 2 15
(1) Each entity named in schedule 3, part 2, is, on the commencement, 16
taken to have been issued an area retail authority for each retail area stated 17
in the part under the entity's name. 18
(2) The boundaries of the retail areas are described in the departmental 19
maps with the numbers stated opposite the name of the area.112 20
(3) However, if the schedule states an excluded area for a retail area, the 21
excluded area is not part of the retail area. 22
(4) The area retail authorities are not exclusive retail authorities. 23
111 The maps may be inspected free of charge at the department's office during business
hours on business days.
112 The maps may be inspected free of charge at the department's office during business
hours on business days.
s 329 156 s 330
Gas Supply Bill 2003
Division 2--Term of new authorities 1
329 Expiry unless amendment or consolidation action taken 2
(1) A new authority is taken to expire on the first anniversary. 3
(2) However, subsection (1) does not apply if before the first 4
anniversary-- 5
(a) the holder of the new authority makes an application under 6
division 3 relating to the authority; or 7
(b) the regulator, under section 60 or 184, gives the holder notice of 8
proposed amendments to the authority.113 9
(3) If subsection (1) does not apply, the new authority continues in force 10
unless it is cancelled or surrendered under this Act. 11
Division 3--Amendment and consolidation 12
Subdivision 1--Application to impose further conditions 13
330 Application 14
(1) The holder of a new authority may apply to the regulator to amend 15
the authority by imposing further conditions on it.114 16
(2) The application must-- 17
(a) be made in the approved form; and 18
(b) state any further conditions the applicant proposes for the 19
authority; and 20
(c) be accompanied by the fee prescribed under a regulation. 21
113 Sections 60 and 184 (Notice of proposed action)
114 For conditions of the new authority imposed under this Act, see chapter 2, part 1,
division 2 (Distribution authority conditions) or chapter 3, part 1, division 2 (Retail
authority conditions).
s 331 157 s 333
Gas Supply Bill 2003
331 Deciding application and steps after making decision 1
(1) The regulator must decide whether to impose further conditions on 2
the new authority. 3
(2) The regulator must, as soon as practicable, give the applicant an 4
information notice about the decision. 5
(3) Subsection (2) does not apply for a condition decided to be imposed 6
if it is the same, or to the same effect, as a condition agreed to or proposed 7
by the applicant. 8
Subdivision 2--Imposition by regulator of further conditions 9
332 Additional event for amendment by regulator 10
(1) If the regulator forms the opinion that it is appropriate to amend a 11
new authority to impose a condition on the authority the opinion is an event 12
for section 57(1)(a) or 181(1)(a).115 13
(2) Subsection (1) ceases to apply on the first anniversary unless-- 14
(a) the regulator has, under section 60 or 184, given the holder notice 15
of proposed amendments to the authority before the first 16
anniversary;116 and 17
(b) the grounds stated in the notice include the opinion. 18
Subdivision 3--Consolidation 19
333 Applying to consolidate 20
(1) The holder of 2 or more new authorities of the same type 21
(the "original authorities") may apply to the regulator to-- 22
(a) consolidate the original authorities (the "consolidated 23
authority"); and 24
(b) impose further conditions on the consolidated authority. 25
(2) The application must-- 26
115 Sections 57 and 181 (Conditions for amendment, cancellation or suspension)
116 Sections 60 and 184 (Notice of proposed action)
s 334 158 s 336
Gas Supply Bill 2003
(a) be made in the approved form; and 1
(b) state any further conditions the applicant proposes for the 2
authority; and 3
(c) be accompanied by the fee prescribed under a regulation. 4
334 Deciding application 5
The regulator must decide-- 6
(a) whether to make the consolidation; and 7
(b) if the regulator decides to make the consolidation--whether to 8
impose further conditions on the consolidated authority. 9
335 Steps after making decision 10
(1) If the regulator decides to grant the application, the regulator must 11
issue the consolidated authority as soon as practicable. 12
(2) On the issuing of the consolidated authority, the original authorities 13
are taken to have been cancelled. 14
(3) If the regulator decides to refuse the application or to impose a 15
additional condition on the consolidated authority, the regulator must, as 16
soon as practicable, give the applicant an information notice about the 17
decision. 18
(4) Subsection (3) does not apply for a condition decided to be imposed 19
if it is the same, or to the same effect, as a condition agreed to or proposed 20
by the applicant. 21
Subdivision 4--Miscellaneous provisions 22
336 Additional provisions 23
(1) This section applies if, under this division, the regulator is deciding 24
whether to impose conditions on a new authority. 25
(2) The matters the regulator must have regard to in making the decision 26
include any relevant franchise or authorisation under the Gas (Residual 27
Provisions) Act held by or granted to the applicant immediately before the 28
commencement. 29
s 337 159 s 339
Gas Supply Bill 2003
(3) The regulator may decide to impose any condition the regulator 1
considers appropriate, whether or not the condition was proposed by the 2
applicant. 3
337 Other powers to amend unaffected 4
This part does not limit or otherwise affect the regulator's power to 5
amend the authority under another provision of this Act. 6
PART 4--MISCELLANEOUS PROVISIONS 7
338 Maximum prices or tariffs approved under Gas (Residual 8
Provisions) Act 9
(1) This section applies to a person who is a distributor or retailer if 10
immediately before the commencement-- 11
(a) the person was a gas supplier under the Gas (Residual 12
Provisions) Act; and 13
(b) an approval had been given under that Act for a maximum charge 14
or tariff to be applied by the person for the supply of fuel gas to a 15
customer's premises;117 and 16
(c) the approval was still in force. 17
(2) The approval is taken to be a notified price for the supply, under this 18
Act, of fuel gas to the premises. 19
(3) The notified price is taken to have been gazetted and to have taken 20
effect on the commencement.118 21
339 Deferred application of ss 286 and 288 for particular persons 22
(1) This section applies if, immediately before the commencement a 23
person was carrying out an activity as follows-- 24
117 See the Gas Regulation 1989, section 114A (Approval of charge or tariff for supply
of fuel gas).
118 See section 228 (Fixing of prices for customer retail services or on-supply).
s 340 160 s 340
Gas Supply Bill 2003
(a) operating a distribution pipeline; 1
(b) selling reticulated fuel gas. 2
(2) Sections 286 and 288119 do not apply to the person in relation to the 3
activity until the later of the following events to happen-- 4
(a) the first anniversary; 5
(b) if before the first anniversary the person applies for a distribution 6
or retail authority to carry out the existing activity--the deciding 7
of the application. 8
(3) The regulator may, by notice, require the person to, within a stated 9
period, apply for a distribution or retail authority to carry out the activity. 10
(4) The stated period must end at least 30 business days after the notice 11
is given. 12
(5) If the person does not apply for the distribution or retail authority 13
within the stated period, subsection (2) ceases to apply at the end of the 14
period. 15
340 Deferred application of ss 288 and 302 for particular persons 16
(1) This section applies if, immediately before the commencement-- 17
(a) a contract was in force for a person (the "supplier") to supply 18
someone else with fuel gas at a premises in a franchise area 19
under the Gas (Residual Provisions) Act; and 20
(b) the other person was a contestable consumer under that Act.120 21
(2) Sections 288 and 302121 do not apply to the supplier in relation to the 22
supply, under the provisions of the contract, of fuel gas to the premises. 23
(3) However, the sections start to apply if the contract ends in accordance 24
with its provisions. 25
(4) In this section-- 26
119 Sections 286 (Unlawfully operating distribution pipeline) and 288 (Unlawfully
selling reticulated fuel gas)
120 See the Gas (Residual Provisions) Act, former sections 33A (Meaning of
"contestable consumer") and 33D (Restriction on sale of gas in franchise area).
121 Sections 288 (Unlawfully selling reticulated fuel gas) and 302 (Additional
consequences of unlawfully selling reticulated fuel gas)
s 341 161 s 344
Gas Supply Bill 2003
"provisions", of the contract, means its provisions in force immediately 1
before the commencement. 2
CHAPTER 8--AMENDMENT OF OTHER ACTS 3
PART 1--AMENDMENT OF DANGEROUS GOODS 4
SAFETY MANAGEMENT ACT 2001 5
341 Act amended in pt 1 6
This part amends the Dangerous Goods Safety Management Act 2001. 7
342 Amendment of s 3 (Application of Act) 8
Section 3, `Gas Act 1965'-- 9
omit, insert-- 10
`Gas (Residual Provisions) Act 1965'. 11
PART 2--AMENDMENT OF ELECTRICITY ACT 1994 12
343 Act amended in pt 2 13
This part amends the Electricity Act 1994. 14
344 Amendment of s 64L (Function) 15
Section 64L, after `section 119(5)'-- 16
insert-- 17
`or under the Gas Supply Act 2003, section 263122'. 18
122 Gas Supply Act 2003, section 263 (Further referral to energy mediator or arbitrator)
s 345 162 s 349
Gas Supply Bill 2003
345 Amendment of s 64S (Functions) 1
(1) Section 64S, heading, `Functions' 2
omit, insert-- 3
`Function'. 4
(2) Section 64S, after `section 119(6)'-- 5
insert-- 6
`or under the Gas Supply Act 2003, section 263123'. 7
PART 3--AMENDMENT OF GAS ACT 1965 8
346 Act amended in pt 3 9
This part amends the Gas Act 1965. 10
347 Amendment of s 1 (Short title) 11
Section 1, `Gas Act 1965'-- 12
omit, insert-- 13
`Gas (Residual Provisions) Act 1965'. 14
348 Amendment of title 15
Title, `the production, storage, supply and use of gases,'-- 16
omit. 17
349 Amendment of s 2 (Relationship to prescribed Acts) 18
(1) Section 2(2)-- 19
insert-- 20
`(ab)Gas Supply Act 2003; or'. 21
123 Gas Supply Act 2003, section 263 (Further referral to energy mediator or arbitrator)
s 350 163 s 352
Gas Supply Bill 2003
(2) Section 2(ab) to (d)-- 1
renumber as section 2(b) to (e). 2
350 Amendment of s 5 (Definitions) 3
Section 5, definitions "approved form", "bulk liquefied petroleum gas" 4
or "bulk L.P. gas", "contestable consumer", "contestable consumer 5
certification", "financial year", "franchise", "franchise area", "lot", "new 6
non-contestable consumer", "non-contestable consumer", "party to the 7
review", "prepayment meter", "private way", "registered owner", "relevant 8
fuel gas supplier", "reticulation system", "review decision", "reviewer", 9
"supply charge", "testing place", "wet basis" and "wet type meter"-- 10
omit. 11
351 Omission of s 5A (Meaning of "supply charge") 12
Section 5A-- 13
omit. 14
352 Amendment of s 7 (Appointment of officers) 15
(1) Section 7(1)(a)-- 16
omit. 17
(2) Section 7(1)(b) to (d)-- 18
renumber as section 7(1)(a) to (c). 19
(3) Section 7(2), `Except for the members of the Gas Tribunal every'-- 20
omit, insert-- 21
`Each'. 22
(4) Section 7(3) and (4)-- 23
omit. 24
(5) Section 7(2A)-- 25
renumber as section 7(3). 26
s 353 164 s 357
Gas Supply Bill 2003
353 Amendment of s 10C (Protection for acts done in the execution of 1
this Act) 2
Section 10C(1), `Without derogating from section 44(5), no'-- 3
omit, insert-- 4
`No'. 5
354 Replacement of pt 3 (Granting of franchises) 6
Part 3-- 7
omit, insert-- 8
`PART 3--PROVISIONS APPLICABLE TO 9
DISTRIBUTORS AND RETAILERS 10
`11 Application of pt 3 11
`This part applies to each person who is the holder of a distribution 12
authority or a retail authority under the Gas Supply Act 2003.'. 13
355 Amendment of pt 4 (Fuel gas supplied under a franchise) 14
(1) Section 32-- 15
relocate to part 8, before section 52. 16
(2) Part 4, as amended under subsection (1)-- 17
omit. 18
356 Omission of pts 57A 19
Parts 5 to 7A-- 20
omit. 21
357 Renumbering of pt 8 (Miscellaneous) 22
Part 8-- 23
renumber as part 4. 24
s 358 165 s 363
Gas Supply Bill 2003
358 Omission of s 52A (Measurement of fuel gas) 1
Section 52A-- 2
omit. 3
359 Omission of s 52C (Restriction on constructing and maintaining 4
pipe) 5
Section 52C-- 6
omit. 7
360 Omission of ss 5559 8
Sections 55 to 59-- 9
omit. 10
361 Amendment of s 60A (Provisions to ensure standards and safety 11
requirements complied with) 12
Section 60A(2) 13
omit. 14
362 Amendment of s 60B (Provisions with respect to defective or 15
dangerous fittings) 16
Section 60B(1), `Notwithstanding the provisions of section 28, no 17
person'-- 18
omit, insert-- 19
`No person'. 20
363 Amendment of s 62 (Evidentiary provisions) 21
(1) Section 62(a), from `that--' to `any person'-- 22
omit, insert-- 23
`that a person'. 24
(2) Section 62(a), from `; or' to `evidence'-- 25
s 364 166 s 367
Gas Supply Bill 2003
omit, insert-- 1
`is evidence'. 2
364 Amendment of s 63 (Laying of complaint; service of analyst's 3
certificate) 4
Section 63(1A) and (1B)-- 5
omit. 6
365 Amendment of s 64 (Regulation-making power) 7
Section 64(2), `schedule 2'-- 8
omit, insert-- 9
`schedule 1'. 10
366 Amendment of sch 1 (Provisions applicable to the establishment 11
and maintenance of a gas undertaking) 12
(1) Schedule 1, sections 18 and 19-- 13
relocate and renumber in part 3 (as inserted under this Act) as 14
sections 12 and 13. 15
(2) Schedule 1, as amended under subsection (1)-- 16
omit. 17
367 Amendment of sch 2 (Purposes for which regulations may be 18
made) 19
(1) Schedule 2, items 11 and 12-- 20
omit. 21
(2) Schedule 2-- 22
renumber as schedule 1. 23
s 368 167 s 371
Gas Supply Bill 2003
PART 4--AMENDMENT OF GAS PIPELINES ACCESS 1
(QUEENSLAND) ACT 1998 2
368 Act amended in pt 4 3
This part amends the Gas Pipelines Access (Queensland) Act 1998. 4
369 Amendment of s 56 (Definitions for pt 6) 5
Section 56, definition "Queensland part of the PNG to Queensland 6
pipeline", `Petroleum Act 1923, section 70A'-- 7
omit, insert-- 8
`Petroleum Act 1923, former section 70A'. 9
370 Amendment of s 59 (Access principles for the Queensland part of 10
the PNG to Queensland pipeline) 11
Section 59(2), after `Petroleum Act 1923'-- 12
insert-- 13
`in force immediately before the commencement of the Gas Supply Act 14
2003, chapter 8, part 5,124'. 15
371 Amendment of s 60 (Access principles for certain other pipelines) 16
Section 60, after `Petroleum Act 1923, part 8'-- 17
insert-- 18
`in force immediately before the commencement of the Gas Supply Act 19
2003, chapter 8, part 5,'. 20
124 Gas Supply Act 2003, chapter 8, part 5 (Amendment of Petroleum Act 1923).
s 372 168 s 375
Gas Supply Bill 2003
PART 5--AMENDMENT OF PETROLEUM ACT 1923 1
372 Act amended in pt 5 2
This part amends the Petroleum Act 1923. 3
373 Amendment of s 2 (Definitions) 4
Section 2, definitions, "access", "access agreement", "access dispute", 5
"access principles", "access provider", "approved arbitrator", "associated 6
facility", "award", "barrel", "capacity entitlement", "cassinghead 7
petroleum spirit", "developable capacity", "facility", "facility owner", 8
"facility user", "indicative access conditions", "indicative tariff", "nominal 9
capacity", "non-discriminatory", "proposed facility user", "related 10
corporation", "review event", "shared technical information", "spare 11
capacity", "specified configuration" and "state of mind"-- 12
omit. 13
374 Omission of ss 46 14
Sections 4 to 6-- 15
omit. 16
375 Amendment of s 69 (Pipeline licences) 17
(1) Section 69(2)-- 18
omit. 19
(2) Section 69(3), `subsections (1) and (2)'-- 20
omit, insert-- 21
`subsection (1)'. 22
(3) Section 69(3) to (6)-- 23
renumber as section 69(2) to (5). 24
s 376 169 s 379
Gas Supply Bill 2003
376 Omission of s 70 (Access principles to be approved before grant of 1
pipeline licence) 2
Section 70-- 3
omit. 4
377 Amendment of s 70A (Powers that may be exercised after 5
competitive selection process) 6
(1) Section 70A(2), from `about--'-- 7
omit, insert-- 8
`about the conditions to be stated in the licence.'. 9
(2) Section 70A(3)(a), from `may--'-- 10
omit, insert-- 11
`may grant to the applicant a licence on conditions in terms of the 12
agreement; and'. 13
378 Amendment of s 71 (Pipeline licence conditions) 14
(1) Section 71(a)(iv)-- 15
omit. 16
(2) Section 71(a)(v)-- 17
renumber as section 71(a)(iv). 18
(3) Section 71(b) to (e)-- 19
omit. 20
(4) Section 71(f)-- 21
renumber as section 71(b). 22
379 Omission of pt 8 (Provisions about access to facilities) 23
Part 8-- 24
omit. 25
s 380 170 s 383
Gas Supply Bill 2003
PART 6--AMENDMENT OF QUEENSLAND 1
COMPETITION AUTHORITY ACT 1997 2
380 Act amended in pt 6 3
This part amends the Queensland Competition Authority Act 1997. 4
381 Amendment of s 70 (Meaning of "facility") 5
(1) Section 70(1)(c), after `electricity'-- 6
insert-- 7
`, petroleum or gas'. 8
(2) Section 70(2), from `include' to `another facility'-- 9
omit, insert-- 10
`include another facility'. 11
PART 7--AMENDMENT OF TRANSPORT 12
INFRASTRUCTURE ACT 1994 13
382 Act amended in pt 7 14
This part amends the Transport Infrastructure Act 1994. 15
383 Insertion of new s 58A 16
Chapter 5, part 5, division 3-- 17
insert-- 18
`58A Application div 3 19
`This part does not apply to not apply to-- 20
(a) public utility plant constructed under the Electricity Act 1994; or 21
(b) gas infrastructure, or the carrying out of gas infrastructure work, 22
under the Gas Supply Act 2003.'. 23
s 384 171 s 387
Gas Supply Bill 2003
384 Omission of s 64 (Division not to apply to public utility plant 1
constructed under the Electricity Act) 2
Section 64-- 3
omit. 4
385 Amendment of s 187AB (Application of ch 8AA) 5
Section 187AB, `Gas Act 1965'-- 6
omit, insert-- 7
`Gas (Residual Provisions) Act 1965'. 8
PART 8--AMENDMENT OF TRANSPORT 9
OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 10
386 Act amended in pt 8 11
This part amends the Transport Operations (Road Use Management) 12
Act 1995. 13
387 Amendment of s 151 (Application of part) 14
Section 151, `Gas Act 1965'-- 15
omit, insert-- 16
`Gas (Residual Provisions) Act 1965'. 17
172
Gas Supply Bill 2003
SCHEDULE 1 1
CONTESTABLE CUSTOMERS 2
section 17(1) 3
PART 1--PRELIMINARY 4
1 Operation of sch 1 5
(1) This schedule provides for who is a contestable customer for 6
premises for section 17(1).125 7
(2) If a customer is, or becomes, a contestable customer for premises, the 8
customer continues to be a contestable customer for the premises despite-- 9
(a) the actual consumption of reticulated fuel gas for the premises; 10
or 11
(b) the purpose for which the premises is used.126 12
2 Definitions for sch 1 13
In this part-- 14
"registered owner", of a lot, means-- 15
(a) the person recorded in the freehold land register under the Land 16
Title Act 1994 as the person entitled to the fee simple interest in 17
the lot; or 18
(b) a lessee (other than a sublessee), licensee (other than a 19
sublicencee) or permittee of the lot under the Land Act 1994. 20
"same business or enterprise" means a business or enterprise carried out 21
under the same name, other than a business or enterprise made up of 22
parts carried out under different names. 23
125 Section 17 ("Contestable customers" and "non-contestable customers")
126 See also part 4 (Extended effect of contestability).
173
Gas Supply Bill 2003
SCHEDULE 1 (continued)
"single premises", of a customer, means any of the following if owned or 1
occupied by the customer and used by the customer for the same 2
business or enterprise-- 3
(a) the whole of any single building or structure; 4
(b) a part of any single building or structure; 5
(c) 2 or more adjoining parts of any single building or structure; 6
(d) the whole of 2 or more buildings or structures that are on-- 7
(i) the same lot of land; or 8
(ii) 2 or more adjoining lots of land. 9
PART 2--CONTESTABLE CONSUMERS UNDER 10
GAS (RESIDUAL PROVISIONS) ACT 11
3 Contestable consumers under former s 33A 12
If, before the repeal of former section 33A127 of the Gas (Residual 13
Provisions) Act, a person became a contestable consumer for a premises, 14
the person is a contestable customer for the premises. 15
PART 3--CONTESTABLE CUSTOMER 16
CERTIFICATION 17
4 Applying for certification 18
(1) A customer may, for any single premises of the customer, apply to 19
the distributor to be certified as a contestable customer for the premises. 20
(2) The application must-- 21
127 Gas (Residual Provisions) Act, former section 33A (Meaning of "contestable
customer")
174
Gas Supply Bill 2003
SCHEDULE 1 (continued)
(a) be written; and 1
(b) state the applicant's name; and 2
(c) identify the premises; and 3
(d) be supported by other relevant information, reasonably required 4
by the distributor, to enable the distributor to consider the 5
application. 6
5 Deciding application 7
(1) Within 1 month after receiving the information mentioned in 8
section 4(2)(d) of this schedule, the distributor must decide to grant or 9
refuse the application. 10
(2) The distributor must decide to grant the application if satisfied-- 11
(a) the consumption of reticulated fuel gas, as worked out by the 12
distributor, for the premises during a consumption period was at 13
least the threshold amount; or 14
(b) the consumption of reticulated fuel gas, as estimated by the 15
distributor, for the premises in a future consumption period is at 16
least the threshold amount. 17
(3) If the distributor does not make a decision under subsection (1) 18
within the relevant period, the distributor is taken to have decided to refuse 19
the application. 20
(4) In this section-- 21
"consumption period" means any period of 1 year beginning on or after 22
1 July 2001. 23
"future consumption period" means any period of 1 year, whether 24
beginning before, on or after the commencement of this section, that 25
has not ended. 26
"relevant period" means the first of the following periods to end-- 27
(a) 1 month after the distributor receives any information required by 28
the distributor under section 4(2)(d) of this schedule; 29
(b) 3 months after the application was made. 30
"threshold amount" means-- 31
175
Gas Supply Bill 2003
SCHEDULE 1 (continued)
(a) the amount prescribed under a regulation; or 1
(b) if no amount is prescribed--100 TJ. 2
6 Issuing certification 3
(1) As soon as practicable after deciding to grant the application, the 4
distributor must give the applicant the certification. 5
(2) The certification must-- 6
(a) be written; and 7
(b) state the customer's name; and 8
(c) identify the single premises the subject of the certification; and 9
(d) state the distributor was satisfied as required under section 5(2) 10
of this schedule. 11
7 Information notice about refusal 12
If the distributor decides to refuse the application, the distributor must, 13
as soon as practicable, give the applicant an information notice about the 14
decision. 15
PART 4--EXTENDED EFFECT OF CONTESTABILITY 16
8 New or replacement single premises of same registered owner 17
(1) This section applies if-- 18
(a) a customer is a contestable customer for a single premises 19
(the "original premises") of the customer; and 20
(b) the customer is the registered owner of the lot or lots on which 21
the original premises is situated. 22
(2) The customer is also a contestable customer for-- 23
(a) a single premises of the customer on the lot or lots that replaces, 24
or substantially replaces, the original premises; and 25
176
Gas Supply Bill 2003
SCHEDULE 1 (continued)
(b) any other single premises of the customer on the lot or lots, other 1
than a single premises-- 2
(i) existing before the customer became a contestable customer 3
for the original premises; and 4
(ii) for which the customer did not become a contestable 5
customer when the customer became a contestable customer 6
for the original premises. 7
9 Subsequent registered owner 8
(1) This section applies if-- 9
(a) a customer (the "original customer") is a contestable customer 10
for a single premises (the "original premises"); and 11
(b) when the original customer became a contestable customer for 12
the original premises, the original customer was the registered 13
owner of the lot or lots on which the premises is situated; and 14
(c) another person (the "new customer") becomes the registered 15
owner of the lot or lots. 16
(2) The new customer is a contestable customer for the supply of 17
reticulated fuel gas to each single premises on the lot or lots, other than a 18
single premises-- 19
(a) existing before the new customer became the registered owner of 20
the lot or lots; and 21
(b) for which the original customer did not become a contestable 22
customer when the original customer became a contestable 23
customer for the original premises. 24
177
Gas Supply Bill 2003
SCHEDULE 2 1
DECISIONS SUBJECT TO REVIEW 2
section 271(1) 3
Section Description of decision
reference
31 or 36 Refusal of distribution authority application
56 Refusal of amendment application
58 Giving of suspension notice for immediate suspension of
distribution authority
58 Fixing of period of suspension for distribution authority
62 Amendment, cancellation or suspension of distribution
authority
65 Refusal of renewal application for distribution authority
69 Refusal of transfer application for distribution authority or to
impose a condition on the transfer, other than a condition
mentioned in section 69(5)
73 Refusal of surrender application for distribution authority or
to impose a condition on the surrender, other than a condition
mentioned in section 73(5)
87 Giving of work direction by public entity to distributor
151 or 156 Refusal of retail authority application
180 Refusal of amendment application
182 Giving of suspension notice for immediate suspension of
retail authority
182 Fixing of period of suspension for retail authority
186 Amendment, cancellation or suspension of retail authority
178
Gas Supply Bill 2003
SCHEDULE 2 (continued)
Section Description of decision
reference
189 Refusal of renewal application for retail authority
193 Refusal of transfer application for retail authority or to impose
a condition on the transfer, other than a condition mentioned
in section 193(5)
197 Refusal of surrender application for retail authority or to
impose a condition on the surrender, other than a condition
mentioned in section 197(5)
243 Amendment of contingency supply plan
245 Requirement of industry participant to give the regulator
information
259 Requirement of distributor, retailer or public entity to give the
regulator information
314 Refusal of application to replace authority
331 Imposition of further condition on new authority, other than a
condition mentioned in section 331(3)
334 Refusal to consolidate new authorities
334 Imposition of condition on consolidated authority, other than
a condition mentioned in section 335(4)
schedule 1, Refusal of contestable customer certification application
section 5
179
Gas Supply Bill 2003
SCHEDULE 3 1
NEW AUTHORITIES 2
sections 327 and 328 3
4
PART 1--NEW DISTRIBUTION AUTHORITIES 5
Division 1--Allgas Energy Ltd 6
Distribution area Departmental maps
Brisbane South GAS 010A
GAS 011A
South Coast GAS 012
Toowoomba GAS 015
Oakey GAS 017
Sunshine Coast GAS 060
Gympie GAS 061
180
Gas Supply Bill 2003
SCHEDULE 3 (continued)
Division 2--Dalby Town Council 1
Distribution area Departmental maps
Town of Dalby GAS 035A
Division 3--Envestra Ltd 2
Distribution area Departmental maps
Pittsworth GAS 356
Clifton GAS 361
Warwick GAS 370
Division 4--Envestra (Qld) Ltd 3
Distribution area Departmental maps Excluded areas
Brisbane GAS 001C Each area described in
North GAS 004 departmental maps
GAS 104 to GAS 110
inclusive
Ipswich GAS 002A The area described in
departmental map
GAS 111
Gladstone GAS 003
GAS 003/1
Rockhampton GAS 050A
GAS 051
181
Gas Supply Bill 2003
SCHEDULE 3 (continued)
Bundaberg GAS 020 The area described in
departmental map
GAS 112
Maryborough GAS 650
GAS 650A
Hervey Bay GAS 655
Division 5--Origin Energy LPG Ltd 1
Distribution area Departmental maps
Maleny GAS 016
Douglas Estate, Townsville GAS 018
Paradise Lake Estate, Townsville GAS 019
Greenwood Estate, Townsville GAS 021
St Lucia Estate, Townsville GAS 022
Willows Estate, Townsville GAS 023
Port Douglas GAS 024
Cairns (Central) GAS 025
Hambledon Gardens, Cairns GAS 026
GAS 027
Bella Vista and Park Ridge Estate, Cairns GAS 028
Canecutter Park, Cairns GAS 101
Carinya Estate, Townsville GAS 102
Excelsior Park Estate, Townsville GAS 103
GAS 115
Forest Ridge Estate, Burpengary GAS 104
182
Gas Supply Bill 2003
SCHEDULE 3 (continued)
Norfolk Downs Estate, Burpengary GAS 105
Kippa Ring Estate, Rothwell GAS 106
Flora Hills Estate, Margate GAS 107
Kirralee Estate, Ferny Grove GAS 108
Glenfern Estate, Arana Hills GAS 109
Arlington Estate, Arana Hills GAS 110
Millwood Village Estate, Goodna GAS 111
Tropicana Estate, Bundaberg GAS 112
Cottesloe Chase Estate, Kewarra, Cairns GAS 113
Annandale Estate, Murray, Townsville GAS 114
Earl Hill North Estate, Trinity Beach, Cairns GAS 116
Earl Hill South Estate, Trinity Beach, Cairns GAS 116
Premier Gardens Estate, Nindaroo, Mackay GAS 117
Fairfield Waters Estate, Townsville GAS 118
Ocean View Estate, Yeppoon GAS 119
Red Peak Forest Estate, Caravonica, Cairns GAS 120
Mackay Harbour Village Mackay GAS 121
Great Barrier Reef International Resort, Zilzie, GAS 122
Emu Park
Division 6--Roma Town Council 1
Distribution area Departmental maps
Town of Roma GAS 030
183
Gas Supply Bill 2003
SCHEDULE 3 (continued)
Division 7--Wesfarmers Kleenheat Gas Pty Ltd 1
Distribution area Departmental maps
Sanctuary Cove GAS 040
Paradise Lakes Estate GAS 040
PART 2--NEW RETAIL AUTHORITIES 2
Division 1--Dalby Town Council 3
Retail area Departmental maps
Town of Dalby GAS 035A
Division 2--ENERGEX Retail Pty Ltd 4
Retail area Departmental maps
Brisbane South GAS 010A
GAS 011A
South Coast GAS 012
Toowoomba GAS 015
Oakey GAS 017
Sunshine Coast GAS 060
Gympie GAS 061
184
Gas Supply Bill 2003
SCHEDULE 3 (continued)
Division 3--Origin Energy LPG Ltd 1
Retail area Departmental maps
Maleny GAS 016
Douglas Estate, Townsville GAS 018
Paradise Lake Estate, Townsville GAS 019
Greenwood Estate, Townsville GAS 021
St Lucia Estate, Townsville GAS 022
Willows Estate, Townsville GAS 023
Port Douglas GAS 024
Cairns (Central) GAS 025
Hambledon Gardens, Cairns GAS 026
GAS 027
Bella Vista and Park Ridge Estate, GAS 028
Cairns
Canecutter Park, Cairns GAS 101
Carinya Estate, Townsville GAS 102
Excelsior Park Estate, Townsville GAS 103
GAS 115
Forest Ridge Estate, Burpengary GAS 104
Norfolk Downs Estate, Burpengary GAS 105
Kippa Ring Estate, Rothwell GAS 106
Flora Hills Estate, Margate GAS 107
Kirralee Estate, Ferny Grove GAS 108
Glenfern Estate, Arana Hills GAS 109
185
Gas Supply Bill 2003
SCHEDULE 3 (continued)
Arlington Estate, Arana Hills GAS 110
Millwood Village Estate, Goodna GAS 111
Tropicana Estate, Bundaberg GAS 112
Cottesloe Chase Estate, Kewarra, GAS 113
Cairns
Annandale Estate, Murray, GAS 114
Townsville
Earl Hill North Estate, Trinity GAS 116
Beach, Cairns
Earl Hill South Estate, Trinity GAS 116
Beach, Cairns
Premier Gardens Estate, Nindaroo, GAS 117
Mackay
Fairfield Waters Estate, Townsville GAS 118
Ocean View Estate, Yeppoon GAS 119
Red Peak Forest Estate, Caravonica, GAS 120
Cairns
Mackay Harbour Village Mackay GAS 121
Great Barrier Reef International GAS 122
Resort, Zilzie, Emu Park
Division 4--Origin Energy Retail Ltd 1
Retail area Departmental Excluded areas
maps
Brisbane North GAS 001C Each area described in
GAS 004 departmental maps
GAS 104 to GAS 110
inclusive
186
Gas Supply Bill 2003
SCHEDULE 3 (continued)
Ipswich GAS 002A The area described in
departmental map
GAS 111
Gladstone GAS 003
GAS 003/1
Rockhampton GAS 050A
GAS 051
Bundaberg GAS 020 The area described in
departmental map GAS 112
Maryborough GAS 650
GAS 650A
Hervey Bay GAS 655
Warwick GAS 370
Clifton GAS 361
Pittsworth GAS 356
Division 5--Roma Town Council 1
Retail area Departmental maps
Town of Roma GAS 030
Division 6--Wesfarmers Kleenheat Gas Pty Ltd 2
Retail area Departmental maps
Sanctuary Cove GAS 040
Paradise Lakes Estate GAS040
187
Gas Supply Bill 2003
SCHEDULE 4 1
DICTIONARY 2
section 7 3
"acceptance notice" for-- 4
(a) chapter 2--see section 35(1)(d); or 5
(b) chapter 3--see section 155(1)(d). 6
"accounting period", for an on-supply agreement, see section 215(1). 7
"appropriately qualified", for the performance of a function or exercise 8
of a power, includes having the qualifications, experience and 9
competence to perform the function or exercise the power. 10
"approved access arrangement" means an access arrangement approved 11
by the relevant regulator under the Gas Pipelines Access Law. 12
"approved form" means the form approved by the regulator under 13
section 322. 14
"area distribution authority" see section 23(2). 15
"area distributor" see section 23(3). 16
"area retail authority" see section 26(1). 17
"area retailer" see section 26(2). 18
"body corporate Act" means any Act as follows-- 19
(a) Body Corporate and Community Management Act 1997; 20
(b) Building Units and Group Titles Act 1980; 21
(c) Integrated Resort Development Act 1987; 22
(d) Mixed Use Development Act 1993; 23
(e) Registration of Plans (H.S.P. (Nominees) Pty. Limited) Enabling 24
Act 1980; 25
(f) Registration of Plans (Stage 2) (H.S.P. (Nominees) Pty. Limited) 26
Enabling Act 1984. 27
"common area", of an on-supplier's premises, see section 214(1). 28
188
Gas Supply Bill 2003
SCHEDULE 4 (continued)
"common area consumption", for an on-supplier's premises, see 1
section 214(2). 2
"consequential work" see section 92(1)(b). 3
"consequential work requirement" see section 92(2). 4
"consumption", of a substance, includes using it to produce heat, light or 5
power or for air-conditioning or refrigeration. 6
"content requirements", for a contingency supply plan, see 7
section 239(1). 8
"contestable customer" see section 17(1) and schedule 1. 9
"contingency supply plan", of an industry participant, means the industry 10
participant's contingency supply plan made under section 237, as 11
amended from time to time under section 243. 12
"corresponding authority", for a distribution or retail authority, means an 13
authority or licence, however called, issued under any of the 14
following that is similar to the distribution or retail authority-- 15
(a) Gas Supply Act 1996 (NSW); 16
(b) Gas Act 1997 (SA); 17
(c) Gas Industry Act 2001 (Vic); 18
(d) Gas Act 2000 (Tas); 19
(e) Energy Coordination Act 1994 (WA); 20
(f) Energy Operators (Powers) Act 1979 (WA); 21
(g) Gas Supply Act 1998 (ACT); 22
(h) another law of a State relating to the transport or supply of fuel 23
gas. 24
"covered pipeline" means a pipeline that, under the Gas Pipelines Access 25
Law, is a covered pipeline.128 26
"criminal history" means history of convictions other than a spent 27
conviction, for offences committed in the State or elsewhere. 28
"customer" see section 16. 29
128 See the Gas Pipelines Access (Queensland) Law, schedule 2, part 1 (Coverage) and
section 10.8, definition "covered pipeline".
189
Gas Supply Bill 2003
SCHEDULE 4 (continued)
"customer connection contract" see section 106(1). 1
"customer connection services" see section 19. 2
"customer retail contract" see section 201(1). 3
"customer retail services" see section 20. 4
"decision notice" for-- 5
(a) chapter 2--see section 35(1); or 6
(b) chapter 3--see section 155(1). 7
"defaulting retailer", for the retailer of last resort scheme, see 8
section 249(a). 9
"discontinuance request" see section 121(1). 10
"discontinue", for customer connection services, includes-- 11
(a) cessation, curtailment and interruption; and 12
(b) a refusal to connect or reconnect. 13
"distribution area" see section 23(4). 14
"distribution authority" see section 21. 15
"distribution officer", for a distributor, means a person appointed, under 16
section 132, as a distribution officer for the distributor, whose 17
appointment is still in force. 18
"distribution pipeline" see section 13. 19
"distribution system" see section 14. 20
"distributor" see section 22. 21
"Electricity Act" means the Electricity Act 1994. 22
"exclusive retail authority" see section 26(4). 23
"exclusive retailer" see section 26(5). 24
"executive officer", of a corporation, means a person who is concerned 25
with, or takes part in, its management, whether or not the person is a 26
director or the person's position is given the name of executive 27
officer. 28
"first accounting period", for an on-supply agreement, see section 215(2). 29
190
Gas Supply Bill 2003
SCHEDULE 4 (continued)
"FOI exempt matter" means exempt matter under the Freedom of 1
Information Act 1992. 2
"fuel gas" see section 9. 3
"gas infrastructure" see section 75(1). 4
"gas infrastructure work" see section 75(2). 5
"Gas Pipelines Access Law" means all of the following-- 6
(a) the Gas Pipelines Access (Queensland) Law; 7
(b) the Gas Pipelines Access (Queensland) Regulations; 8
(c) the Gas Pipelines Access (Queensland) Act 1998. 9
"Gas (Residual Provisions) Act" means the Gas (Residual Provisions) 10
Act 1965. 11
"general retail authority" see section 26(6). 12
"general retailer" see section 26(7). 13
"greenfield distribution authority" see section 23(5). 14
"holder", of an authority under this Act, means each person recorded in 15
the register as its holder.129 16
"industry participant" see section 236. 17
"information notice", for a decision, means a notice stating each of the 18
following-- 19
(a) the decision; 20
(b) the reasons for the decision; 21
(c) that the person to whom the notice is given may appeal against, 22
or seek a review of, the decision within 20 business days after the 23
person receives the notice; 24
(d) how to appeal, or seek a review. 25
"insufficiency of supply declaration" see section 251. 26
"insufficiency of supply direction" see section 254(1). 27
"LPG", also called `LP gas' and `liquefied petroleum gas', see section 10. 28
129 See however chapter 7, part 3 (New distribution and retail authorities).
191
Gas Supply Bill 2003
SCHEDULE 4 (continued)
"lot" includes a parcel of land. 1
"meter" means a device used to work out, by direct measurement, the 2
energy, mass or volume of fuel gas transferred from one place to 3
another. 4
"national gas agreement" means the `Natural Gas Pipelines Access 5
Agreement' relating to third party access to natural gas pipeline 6
systems entered into by the Commonwealth and all of the States on 7
7 November 1997, or the agreement as amended.130 8
"non-contestable customer" see section 17(2). 9
"notice" means a written notice. 10
"notified prices" see section 228(4). 11
"on" a publicly controlled or other place includes over or under the place. 12
"on-supplier" see section 213. 13
"on-supplier's premises" see section 213(3). 14
"on-supply agreement" see section 217(4). 15
"original decision" see section 271(1). 16
"point-to-point distribution authority" see section 23(1). 17
"prevent" includes each of the following-- 18
(a) hinder; 19
(b) obstruct. 20
"processed natural gas" see section 11. 21
"proposed action" for-- 22
(a) chapter 2--see section 60(1)(a); or 23
(b) chapter 3--see section 184(1)(a). 24
"prospective on-supplier" see section 218(a). 25
"prospective receiver" see section 218(b). 26
130 A copy of the agreement is available for inspection free of charge at the
department's office at 100 George Street, Brisbane during office hours on business
days.
192
Gas Supply Bill 2003
SCHEDULE 4 (continued)
"protected customer" see section 18. 1
"public entity"-- 2
(a) generally--see section 76; and 3
(b) for a publicly controlled place--see also section 77(3). 4
"public entity work" see section 90. 5
"publicly controlled place" see section 77. 6
"QCA" means the Queensland Competition Authority established under 7
the Queensland Competition Authority Act 1997. 8
"reasonably believes" means to believe on grounds that are reasonable in 9
the circumstances. 10
"receiver", for an on-supplier, see section 213(4). 11
"register", when used as a noun, means the register the regulator keeps 12
under section 308. 13
"regulator" see section 8. 14
"remedial action" see section 96. 15
"remedial action requirement" see section 97. 16
"retail area", for a retail authority, see section 26(3). 17
"retail authority" see section 24. 18
"retailer" see section 25. 19
"retailer of last resort scheme" means any retailer of last resort scheme 20
made under chapter 4, part 4. 21
"reticulated", for fuel gas, see section 15. 22
"review application" see section 271(1). 23
"review decision" see section 274(1)(b). 24
"reviewer" see section 271(2). 25
"review notice" see section 278(1). 26
"sell" includes each of the following-- 27
(a) give or sell; 28
(b) agree, attempt or offer to give or sell; 29
193
Gas Supply Bill 2003
SCHEDULE 4 (continued)
(c) advertise to give or sell; 1
(d) cause or permit to be given or sold; 2
(e) give away for swap. 3
"spent conviction" means a conviction-- 4
(a) for which the rehabilitation period under the Criminal Law 5
(Rehabilitation of Offenders) Act 1986 has expired under that 6
Act; and 7
(b) that is not revived as prescribed by section 11 of that Act. 8
"standard temperature and pressure" means an absolute pressure 9
of 101.325 kPa at a temperature of 15șC. 10
"Statewide newspaper" means a newspaper or other publication generally 11
circulating in the State. 12
"substantial shareholder", in a corporation, means a person who under 13
the Corporations Act, has a substantial shareholding in the 14
corporation. 15
"suitability criteria" for-- 16
(a) chapter 2--see section 32(2); or 17
(b) chapter 3--see section 152(2). 18
"supply", for fuel gas, includes the transportation or sale of fuel gas. 19
"transmission pipeline" see section 12. 20
"transmission pipeline licence" means a licence under the Petroleum 21
Act 1923 for a transmission pipeline. 22
"work direction" see section 87(2). 23
© State of Queensland 2003
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