GAS SUPPLY ACT 2003 - As at 4 April 2024 - Act 29 of 2003

Table of Provisions

• Long Title

CHAPTER 1 - PRELIMINARY

PART 1 - INTRODUCTION

• 1 Short title
• 2 Commencement

PART 2 - PURPOSE AND APPLICATION OF ACT

• 3 Main purposes of Act
• 4 Gas-related matters to which Act does not apply
• 5 Act binds all persons
• 5A Declaration for Commonwealth Act
• 6 Act does not affect other rights or remedies

PART 3 - INTERPRETATION

Division 1 - Dictionary

• 7 Definitions

Division 2 - Key definitions

• 8 Who is the regulator
Subdivision 2 - Covered gases
• 9 What is a covered gas
10. (Repealed) 11. (Repealed) Subdivision 3 - Pipelines and pipeline systems
• 12 What is a transmission pipeline
• 13 What is a distribution pipeline
• 14 What is a distribution system
• 15 When covered gas is reticulated
Subdivision 4 - Customers
• 16 Customers and their types
17. (Repealed) 18. (Repealed) Subdivision 5 - Customer connection and retail services
• 19 What are customer connection services
20. (Repealed) Subdivision 6 - Distribution authorities and distributors
• 21 What are a distribution authority and distribution area
• 22 Distributors and references to distributors
23. (Repealed) Subdivision 7 - (Repealed)

CHAPTER 2 - DISTRIBUTION OF COVERED GASES

PART 1 - DISTRIBUTION AUTHORITIES

Division 1 - Applying for and obtaining distribution authority

• 27 Who may apply for distribution authority
• 28 Requirements for application
• 29 Public notice by regulator and submissions
30. (Repealed)
• 31 Deciding application
• 32 Criteria for deciding application
33. (Repealed)
• 34 Term of authority
Subdivision 2 - Steps after deciding application
• 35 Notice of decision to grant application
• 36 Lapsing of application if conditions not accepted
• 37 Issue and public notice of authority
• 38 Information notice about refusal

Division 2 - Distribution authority conditions

• 39 Operation of div 2
• 40 General conditions
• 41 Ring fencing requirement
• 42 Obligation to operate and maintain distribution pipes
• 43 Restriction for distributors
44. (Repealed) 45. (Repealed)
• 46 Standard for distribution pipes
• 47 Inquiry practices and procedures
• 48 Contingency practices and procedures
• 49 Compliance with contingency supply plan requirements
• 50 Participation in retailer of last resort scheme
• 50A Compliance with distribution network codes
• 50B Membership of energy ombudsman scheme
• 51 Conditions imposed under a regulation

Division 3 - Amendment, cancellation and suspension of distribution authority

• 52 Amendments for which proposed action notice is not required
• 53 Amendments for which proposed action notice is required
• 54 Imposed condition can not be amended
Subdivision 2 - Amendment by application
• 55 Applying for amendment
• 56 Deciding application
Subdivision 3 - Amendment, cancellation or suspension by regulator
• 57 Conditions for amendment, cancellation or suspension
Subdivision 4 - Procedure for immediate suspension
• 58 Immediate suspension
Subdivision 5 - Procedure for amendment, cancellation or suspension other than immediate suspension
• 59 Application of sdiv 5
• 60 Notice of proposed action
• 61 Considering submissions
• 62 Decision on proposed action
• 63 Notice and taking of effect of proposed action decision

Division 4 - Dealings with distribution authority

• 64 Applying for renewal
• 65 Deciding renewal application
• 66 Continuing effect of authority for renewal application
Subdivision 2 - Transfers
• 67 Transfer only by application
• 68 Applying for transfer
• 69 Deciding transfer application
Subdivision 3 - Mortgages
• 70 Mortgage of distribution authority
• 71 Notice of intention to exercise powers under mortgage
• 72 Consequence of exercising powers under mortgage
Subdivision 4 - Surrenders
• 73 Surrenders

Division 5 - (Repealed)

PART 2 - GAS INFRASTRUCTURE

Division 1 - Preliminary

• 75 What is gas infrastructure and gas infrastructure work
• 75A References to distributor in pt 2 includes a reference to LPG distributor
• 76 What is a public entity
• 77 Publicly controlled places and their public entities

Division 2 - Carrying out gas infrastructure work on publicly controlled places

• 78 Right to carry out work on publicly controlled place
• 79 Requirements for carrying out work
• 80 Obtaining public entity’s approval
• 81 Conditions of approval
Subdivision 2 - Obligations in carrying out work
• 82 Application of sdiv 2
• 83 Guarding
• 84 Warning signs on roads
• 85 General obligations in carrying out work
• 86 Maintenance
Subdivision 3 - Work directions
• 87 Power to give work direction
• 88 Compliance with work direction
• 89 Costs of carrying out directed work

Division 3 - Public entity work

• 90 Application of div 3
• 91 Requirement to consult if gas infrastructure affected
• 92 Power to require consequential work
• 93 Compliance with consequential work requirement
• 94 Costs of carrying out required consequential work

Division 4 - Gas infrastructure interfering with publicly controlled place

• 95 Application of div 4
• 96 Remedial action by public entity in emergency
• 97 Power to require remedial action
• 98 Compliance with remedial action requirement
• 99 Costs of taking required remedial action

Division 5 - Miscellaneous provisions

• 100 Ownership of gas infrastructure that becomes part of land
• 101 Compensation

PART 3 - CUSTOMER CONNECTION SERVICES

Division 1 - Preliminary

• 102 Application of pt 3

Division 2 - Applying for and obtaining customer connection services

• 103 Who may apply for customer connection services
• 104 Deciding application
• 104A Information notice for refusal of services
Subdivision 2 - Steps after granting application
• 105 Distributor’s obligation to propose terms
• 106 Connection contract
107. (Repealed)
• 108 Commencement of customer connection services
• 109 Limits on provision of customer connection services
Subdivision 3 - Requirements for connection contracts
• 109A General limits on what may be negotiated
• 109B Provisions for small customers
• 109C Provisions for large customers

Division 3 - Changes to installations for covered gases

• 110 Application of div 3
• 111 Obligation to give information to allow proposed changes
• 112 Applying to change connection

Division 4 - (Repealed)

Division 5 - (Repealed)

PART 4 - METER AND CONTROL APPARATUS REQUIREMENTS

• 125 Operation of pt 4
• 126 Distributor must provide meter
• 127 Matters that may be considered for placement
• 128 Placing meter on customer’s premises
• 129 Change of meter placement
• 130 Customer must provide safe access
• 131 Alternative measurement

PART 5 - DISTRIBUTION OFFICERS

Division 1A - Preliminary

• 131A References to distributor and covered gas in pt 5

Division 1 - Appointment and functions

• 132 Appointment
• 133 Functions
• 134 Distribution officers are public officials for particular functions
• 135 Issue of identity card
• 136 Production or display of identity card
• 137 Return of identity card

Division 2 - Powers of entry

• 138 Power to enter—general
• 139 Power to enter to make gas infrastructure safe
• 140 Power to enter for emergency
• 141 Power to enter common property unaffected

Division 3 - Safeguards

• 142 Duty to avoid damage
• 143 Notice of damage
• 144 Content of notice of damage
• 145 Compensation from distributor to owner or occupier

PART 6 - (Repealed)

CHAPTER 3 - SUPPLY OF RETICULATED COVERED GASES

PART 1 - RETAILERS AND PARTICULAR EXEMPT SELLERS

• 175A Retailer or particular exempt sellers must enter into community services agreement
176. (Repealed) 177. (Repealed) 178. (Repealed) 179. (Repealed) 180. (Repealed) 181. (Repealed) 182. (Repealed) 183. (Repealed) 184. (Repealed) 185. (Repealed) 186. (Repealed) 187. (Repealed) 188. (Repealed) 189. (Repealed) 190. (Repealed) 191. (Repealed) 192. (Repealed) 193. (Repealed) 194. (Repealed) 195. (Repealed) 196. (Repealed) 197. (Repealed)

PART 2 - (Repealed)

PART 3 - ON-SUPPLY

• 213 On-suppliers and their receivers
214. (Repealed) 215. (Repealed) 216. (Repealed) 217. (Repealed) 218. (Repealed) 219. (Repealed) 220. (Repealed) 221. (Repealed)
• 222 Individual metering option
• 223 Compensation for installation damage
224. (Repealed) 225. (Repealed) 226. (Repealed) 227. (Repealed)

PART 4 - PRICING

Division 1 - QCA investigation

• 227A Direction by Minister to investigate effectiveness of retail competition
• 227B Period for giving report
• 227C Terms of reference
• 227D Notice of pricing investigation or amended term of reference or direction
• 227E Conduct of pricing investigation
• 227F Required consultation for report

Division 2 - Notified prices

• 228 Fixing of prices
• 228A Restrictions on the first exercise of price fixing power
• 229 Review of notified prices
• 230 Public advertisement of notified prices
• 231 Requirement to comply with notified prices
• 232 Additional consequences of failure to comply with notified prices
• 233 Directions for prices notification
• 234 Requirement to comply with direction for prices notification
235. (Repealed)

CHAPTER 4 - SUFFICIENCY OF SUPPLY

PART 1 - PRELIMINARY

• 236 Who is an industry participant

PART 2 - CONTINGENCY SUPPLY PLANS

• 237 Regulator’s power to require plan
• 238 Regulator’s power to make plan
• 239 Contingency supply plan—content requirements
• 240 Requirement to comply with plan
• 241 Limitation of industry participant’s liability because of compliance with plan
• 242 When plan must be revised
• 243 Regulator’s power to amend plan

PART 3 - INFORMATION REQUIREMENTS

• 244 Notice of significant disruption
• 245 Regulator’s power to require information from industry participant
• 246 Failure to comply with information requirement
• 247 Notice of intention to stop transport or sale of covered gas or customer connection services

PART 4 - (Repealed)

PART 5 - INSUFFICIENCY OF SUPPLY DECLARATIONS AND DIRECTIONS

Division 1 - Insufficiency of supply declarations

• 251 Minister’s power to make declaration
• 252 Requirements for making declaration
• 253 Duration of declaration

Division 2 - Insufficiency of supply directions

• 254 Minister’s power to give directions while declaration in force
• 255 Failure to comply with direction
• 256 Liability of recipient for covered gas supplied under direction
• 257 Direction overrides contracts
• 257AA Exemption from Petroleum and Gas (Production and Safety) Act, ss 800, 802 and 803 for person complying with direction

CHAPTER 4A - (Repealed)

CHAPTER 5 - RESOLUTION OF GAS INFRASTRUCTURE WORK DISPUTES

• 258 Application of ch 5
259. (Repealed) 260. (Repealed) 261. (Repealed) 262. (Repealed) 263. (Repealed) 264. (Repealed) 265. (Repealed) 266. (Repealed)
• 267 Referral to regulator to mediate
• 268 Regulator’s powers
• 269 Resolution by Governor in Council
• 270 Exclusion of other jurisdictions

CHAPTER 5A - DISTRIBUTION NETWORK CODES

PART 1 - INITIAL DISTRIBUTION NETWORK CODES

• 270A Making of initial distribution network codes by Minister
• 270B Specific matters for which code may provide
• 270BA Required consultation
• 270C Gazettal and taking of effect of code
• 270D Tabling of code

PART 2 - QCA DISTRIBUTION NETWORK CODES

• 270E QCA may make distribution network code
• 270F QCA code objective
• 270G Required consultation
• 270H Ministerial approval
• 270I When approved QCA distribution network code takes effect
• 270J Tabling of QCA distribution network code

PART 3 - REVIEW OF DISTRIBUTION NETWORK CODES AND RELATED MATTERS

• 270K Direction by Minister to review
• 270L Terms of reference
• 270M Notice of review or amended term of reference or direction
• 270N Conduct of review

PART 4 - AMENDING DISTRIBUTION NETWORK CODES

• 270O Application of pt 4
• 270OA Required consultation for amendment
• 270OB Application of pt 2 other than its consultation provision

PART 5 - ENFORCING DISTRIBUTION NETWORK CODES

Division 1 - Code contravention notices

• 270P Application of div 1
• 270Q Criteria for deciding material contravention
Subdivision 2 - Warning notices
• 270R Warning notice may be given
• 270S Requirements for warning notice
• 270T Considering submissions on warning notice
Subdivision 3 - Action after warning notice
• 270U Giving of code contravention notice
• 270V Duration of code contravention notice

Division 2 - Proceedings

• 270W Proceeding for civil penalty order
• 270X How order enforced
• 270Y Injunctions
• 270Z Conduct by directors, servants or agents

Division 3 - Referrals to regulator

• 270ZA When QCA must refer material contravention
• 270ZB When QCA may refer material contravention
• 270ZC Guidelines for exercise of QCA powers for civil penalties
• 270ZD How regulator deals with referral

Division 4 - Production of documents or information

• 270ZE Notice to produce documents or information
• 270ZF Protection of confidential information given for investigation

Division 5 - Audits

• 270ZG QCA’s powers concerning audit of compliance with distribution network code
• 270ZH Responsibility for cost of audit
• 270ZI Independent auditor may require reasonable help or information
• 270ZJ Audit report and submissions on report

PART 6 - MISCELLANEOUS PROVISIONS

• 270ZJA Relationship with Fair Trading Act 1989
270ZJB. (Repealed)

CHAPTER 6 - MISCELLANEOUS PROVISIONS

PART 1A - CIVIL PENALTY FOR PARTICULAR CONTRAVENTIONS

• 270ZK Application of pt 1A
• 270ZL Regulator may impose civil penalty
• 270ZM Information notice about and taking effect of decision
• 270ZN Civil penalty recoverable as a debt

PART 1B - ENFORCING SECTION 175A AGAINST RETAILERS

Division 1 - Contravention notices

• 271AA Application of pt 1B
• 271AB Criteria for deciding material contravention
Subdivision 2 - Warning notices
• 271AC Warning notice may be given
• 271AD Requirements for warning notice
• 271AE Considering submissions on warning notice
Subdivision 3 - Action after warning notice
• 271AF Giving of contravention notice
• 271AG Duration of contravention notice

Division 2 - Proceedings

• 271AH Proceeding for civil penalty order
• 271AI How order enforced
• 271AJ Injunctions
• 271AK Conduct by directors, servants or agents

Division 3 - Production of documents or information

• 271AL Notice to produce documents or information

PART 1 - REVIEWS

Division 1 - Internal reviews

• 271 Who may apply for internal review
• 272 Requirements for making internal review application
• 273 Stay of operation of original decision
• 274 Internal review decision
• 275 Internal review procedure
• 276 Reviewer may seek advice or information
• 277 Offence about disclosure of advice or information
• 278 Notice of internal review decision

Division 2 - External reviews by QCAT

• 279 External review of internal review decision
280. (Repealed) 281. (Repealed) 282. (Repealed) 283. (Repealed) 284. (Repealed) 285. (Repealed)

PART 2 - GENERAL OFFENCES

• 286 Unlawfully operating distribution pipeline
• 287 Unlawful tampering with gas infrastructure
288. (Repealed)
• 289 Unlawfully taking covered gas or LPG
• 289A Restriction on providing gas retail market services
• 290 False or misleading information
• 291 Attempts to commit offences

PART 3 - OFFENCE PROCEEDINGS

Division 1 - General provisions

• 292 Offences under Act are summary
• 293 Statement of complainant’s knowledge
• 294 Allegations of false or misleading matters
• 295 Evidence of tampering with gas infrastructure
• 296 Conduct of representatives

Division 2 - Provisions for proceedings for unlawfully taking covered gases or LPG

• 297 Evidence of unlawful taking of covered gases or LPG
• 298 Proceeding may be for a period
• 299 Ownership of covered gases or LPG for proceeding

Division 3 - Provisions for civil penalty proceedings

• 299A Relationship with criminal proceedings
• 299B Avoidance of multiple penalties

PART 4 - GENERAL REMEDIES

• 300 Forfeiture and costs of remedial work
• 301 Additional consequences of unlawfully operating distribution pipe
302. (Repealed)
• 303 Recovery of unlawful profits

PART 5 - EVIDENTIARY PROVISIONS

• 304 Application of pt 5
• 305 Appointments and authority
• 306 Signatures
• 307 Other evidentiary aids
• 307A Evidentiary effect of code contravention notice

PART 6 - REGISTERS

• 308 Register of authorities
• 309 Keeping of register of authorities
• 310 Access to register of authorities
• 310A Registers QCA must keep

PART 7 - ADDITIONAL PROVISIONS FOR APPLICATIONS

• 311 Substantial compliance with application requirements may be accepted
• 312 Additional information may be required about application
• 313 Power to refund application fee on withdrawal

PART 8 - OTHER MISCELLANEOUS PROVISIONS

• 314 Replacement of authority
• 315 Protection from civil liability for particular persons
• 316 Limitation of liability of distributors
• 316A Protection from liability of member or employee of QCA
• 317 Power to require additional information
• 318 Confidentiality of particular information
• 319 Application of provisions
• 320 Delegation by Minister
• 321 Delegation by regulator
321A. (Repealed)
• 321B Reporting to Minister by QCA
• 322 Approved forms
• 323 Regulation-making power

CHAPTER 7 - TRANSITIONAL PROVISIONS

PART 1 - TRANSITIONAL PROVISIONS FOR ELECTRICITY AND OTHER LEGISLATION AMENDMENT ACT 2006

• 324 Definitions for pt 1
• 325 Conversion of customer retail contracts for particular small customers to standard contracts
• 326 Small customer may enter into negotiated retail contract before FRC day
• 327 Transitional retail contracts
• 328 References to other particular contracts under pre-amended Act
• 329 Price publication requirements of area retailers for FRC
• 330 Area retailer’s obligations about standard terms apply 1 month before FRC day
• 331 Price publication requirements of general retailers for FRC
• 332 Existing mediated agreements
• 333 Existing orders on arbitrated disputes

PART 2 - TRANSITIONAL PROVISION FOR MINES AND ENERGY LEGISLATION AMENDMENT ACT 2009

• 334 Continued protection from civil liability for particular persons

PART 3 - TRANSITIONAL PROVISIONS FOR ELECTRICITY COMPETITION AND PROTECTION LEGISLATION AMENDMENT ACT 2014

• 335 Definition for pt 3
• 336 Continuation of cancellation or suspension of distribution authorities
• 337 Unfinished customer connection services
• 338 Undecided retail authority applications
• 339 Existing retail authorities
• 340 Continuation of actions by QCA
• 341 Regulator may continue to impose civil penalties

PART 4 - TRANSITIONAL PROVISIONS FOR GAS SUPPLY AND OTHER LEGISLATION (HYDROGEN INDUSTRY DEVELOPMENT) AMENDMENT ACT 2023

• 342 Definitions for part
• 343 Existing distribution authorities
• 344 Insufficiency of supply declarations
• 345 Insufficiency of supply directions
• SCHEDULE 1
• SCHEDULE 2
Schedule 3 (Repealed)