GAS SUPPLY ACT 2003

Queensland Consolidated Acts

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GAS SUPPLY ACT 2003

TABLE OF PROVISIONS

Long Title

Contents

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
6. Act does not affect other rights or remedies

Part 3--Interpretation

Division 1--Dictionary

7. Definitions

Division 2--Key definitions
Subdivision 1--The regulator

8. Who is the regulator
Subdivision 2--Processed natural gas
11. What is processed natural gas
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 processed natural gas is reticulated
Subdivision 4--Customers
16. Who is a customer
17. Types of customers
Subdivision 5--Customer connection and retail services
19. What are customer connection services
20. What are customer retail services
Subdivision 6--Distribution authorities and distributors
21. What is a distribution authority
22. Distributors and references to distributors
23. Types of distribution authority and their distributors
Subdivision 7--Retail authorities and retailers
24. What is a retail authority
25. Retailers and references to retailers
26. Types of retail authority and their retailers

CHAPTER 2--PROCESSED NATURAL GAS DISTRIBUTION

Part 1--Distribution authorities

Division 1--Applying for and obtaining distribution authority
Subdivision 1--Application

27. Who may apply for distribution authority
28. Requirements for application
29. Public notice by regulator and submissions
31. Deciding application
32. Criteria for deciding application
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 area distributors
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 industry codes
50B. Membership of energy ombudsman scheme
51. Conditions imposed under a regulation

Division 3--Amendment, cancellation and suspension of distribution authority
Subdivision 1--Amendment by regulator

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
Subdivision 1--Renewals

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

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
Subdivision 1--When work may be carried out

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
Subdivision 1--Applying for 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
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 processed natural gas installation

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

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 processed natural 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

CHAPTER 3--SUPPLY OF RETICULATED PROCESSED NATURAL GAS

Part 1--Retail authorities

Division 1--Applying for and obtaining retail authority
Subdivision 1--Application

148. Who may apply for retail authority
149. Requirements for application
150. Public notice by regulator and submissions
151. Deciding application
152. Criteria for deciding application
154. Term of authority
Subdivision 2--Steps after deciding application
155. Notice of decision to grant application
156. Lapsing of application if conditions not accepted
157. Issue and public notice of authority
158. Information notice about refusal

Division 2--Retail authority conditions

159. Operation of div 2
160. Obligation to have standard terms before providing customer retail services
166. General conditions
167. General right of retailer
168. Ring fencing requirement
169. Restriction on general retailers
170. Restriction on providing customer retail services to excluded customer's premises
171. Area retailers—restriction for excluded customers
173. Compliance with contingency supply plan requirements
174. Participation in retailer of last resort scheme
174A. Compliance with industry codes
174B. Membership of energy ombudsman scheme
175. Conditions imposed under a regulation
175A. Additional condition about community services agreement

Division 3--Amendment, cancellation and suspension of retail authority
Subdivision 1--Amendment by regulator

176. Amendments for which proposed action notice is not required
177. Amendments for which proposed action notice is required
178. Imposed condition can not be amended
Subdivision 2--Amendment by application
179. Applying for amendment
180. Deciding application
Subdivision 3--Cancellation and suspension
181. Conditions for amendment, cancellation or suspension
Subdivision 4--Procedure for immediate suspension
182. Immediate suspension
Subdivision 5--Procedure for amendment, cancellation or suspension other than immediate suspension
183. Application of sdiv 5
184. Notice of proposed action
185. Considering submissions
186. Decision on proposed action
187. Notice and taking of effect of proposed action decision

Division 4--Dealings with retail authority
Subdivision 1--Renewals

188. Applying for renewal
189. Deciding renewal application
190. Continuing effect of authority for renewal application
Subdivision 2--Transfers
191. Transfer only by application
192. Applying for transfer
193. Deciding transfer application
Subdivision 3--Mortgages
194. Mortgage of retail authority
195. Notice of intention to exercise powers under mortgage
196. Consequence of exercising powers under mortgage
Subdivision 4--Surrenders
197. Surrenders

Part 2--Customer retail services

Division 1--Applying for and obtaining customer retail services by small customer

198. Applying to area retailer for provision of customer retail services
199. Deciding application
200. Information notice for refusal of services to small customer
201. Area retailer obligation
202. Things to which area retailer obligation is subject
203. When area retailer obligation does not apply

Division 2--Standard retail contracts

204. Standard retail contract for particular small customers
205. Retailer's standard terms for small customers
206. Publication of standard terms
207. Ending of standard retail contract

Division 3--Negotiated retail contracts

208. Negotiation of retail contract
209. General limit on what may be negotiated
210. Provisions for small customers

Part 3--On-supply

Division 1--Preliminary

213. On-suppliers and their receivers
214. Common areas and common area consumption
215. Accounting periods

Division 2--On-supply agreements

217. On-supply agreements

Division 3--Preliminary disclosure requirements about common area charges

218. Application of div 3
219. Preliminary consumption estimate
220. Required contents for on-supply agreement
221. Additional consequences of not complying with div 3

Division 4--Individual metering

222. Individual metering option
223. Compensation for installation damage

Division 5--Disclosure requirements for common area consumption charges

224. Application of div 5
225. Periodic consumption estimates
226. Audited statements for each accounting period
227. Content requirements for audited statement

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 for standard contracts or for on-supply
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

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 processed natural gas transport or customer connection or retail services

Part 4--Retailer of last resort scheme

248. Regulation may provide for scheme
249. Primary objects of scheme
250. Matters that may be provided for under scheme

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 processed natural 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 5--RESOLUTION OF GAS INFRASTRUCTURE WORK DISPUTES

258. Application of ch 5
267. Referral to regulator to mediate
268. Regulator's powers
269. Resolution by Governor in Council
270. Exclusion of other jurisdictions

CHAPTER 5A--INDUSTRY CODES

Part 1--Initial industry codes

270A. Making of initial industry codes by Minister
270B. Specific matters for which code may provide
270C. Gazettal and taking of effect of code
270D. Tabling of code

Part 2--QCA industry codes

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

Part 3--Review of industry 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 industry codes

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

Part 5--Enforcing industry codes

Division 1--Code contravention notices
Subdivision 1--Preliminary

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 industry 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. Compliance with particular requirements under Fair Trading Act 1989, s 61 for door-to-door contracts

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 1--Reviews and appeals

Division 1--Reviews

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

Division 2--Appeals

279. Who may appeal
280. Period to appeal
281. Starting appeal
282. Stay of operation of decision
283. Hearing procedures
284. District Court's powers on appeal
285. Appeals from District Court's decision

Part 2--General offences

286. Unlawfully operating distribution pipeline
287. Unlawful tampering with gas infrastructure
288. Unlawfully selling reticulated processed natural gas
289. Unlawfully taking processed natural 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 processed natural gas or LPG

297. Evidence of unlawful taking of processed natural gas or LPG
298. Proceeding may be for a period
299. Ownership of processed natural gas 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. Additional consequences of unlawfully selling reticulated processed natural gas
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 and retailers
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
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
SCHEDULE 1 DECISIONS SUBJECT TO REVIEW
SCHEDULE 2 DICTIONARY
Endnotes

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