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TASMANIA
__________
ECONOMIC REGULATOR (CONSEQUENTIAL
AMENDMENTS) BILL 2009
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
3. Repeal of Act
PART 2 ELECTRICITY INDUSTRY SAFETY AND
ADMINISTRATION ACT 1997 AMENDED
4. Principal Act
5. Section 3 amended (Interpretation)
6. Section 6 amended (Delegation of Secretary's functions)
7. Section 8 amended (Committees)
8. Section 9 amended (Authorised officers)
9. Section 10 amended (Power to obtain information)
10. Section 47 amended (Electrical articles to which this Part
applies)
11. Section 48 amended (Relevant standard)
12. Section 49 amended (Approval of electrical articles)
13. Section 50 amended (Marking of electrical articles)
14. Section 51 amended (Application for approval of electrical
articles)
15. Section 52 amended (Approval by Secretary)
[Bill 82]-III
16. Section 53 amended (Term of approval)
17. Section 56 amended (Prohibition of sale of electrical articles)
18. Section 57 amended (Power to require recall of defective
electrical articles)
19. Section 60 amended (Notification of transfer of relevant
business)
20. Section 61 amended (Certificates of approval and suitability)
21. Section 62 amended (Fees)
22. Section 64 amended (Power to order rectification, &c.)
23. Section 65 amended (Relocation of certain infrastructure)
24. Section 66 amended (Power to direct discontinuance of supply)
25. Section 67 amended (Power to direct discontinuance of use)
26. Section 68 amended (Power to direct discontinuance of practice)
27. Section 72 amended (Notification of serious electrical accidents)
28. Section 74 amended (Investigation of serious electrical
accidents)
29. Section 75 amended (Publication of details of serious electrical
accidents)
30. Section 78 amended (Rights of appeal)
31. Section 81 amended (Enforcement of determination)
32. Section 83 amended (Electrical safety management schemes)
33. Section 84 amended (Approval of scheme)
34. Section 85 amended (Approved manager)
35. Section 86 amended (Variation or revocation of electrical safety
management scheme)
36. Section 90 amended (Evidence)
37. Section 93 amended (Costs of administration)
38. Section 94 amended (Fees)
39. Section 95 amended (Payment into the Consolidated Fund)
40. Section 96 amended (Exemptions)
41. Section 97 amended (Immunity from liability)
42. Section 103 amended (Regulations)
2
43. Section 105 inserted
105. Transitional provisions on enactment of Economic
Regulator (Consequential Amendments) Act 2009
PART 3 ELECTRICITY SUPPLY INDUSTRY ACT 1995 AMENDED
44. Principal Act
45. Section 3 amended (Interpretation)
46. Section 5 amended (The Regulator)
47. Section 6 amended (Regulator's functions and powers)
48. Section 10 substituted
10. Annual report
49. Section 58 amended (Appointment of electricity officers)
50. Section 60 amended (Electricity officer's identity card)
51. Section 84 amended (Appointment of authorised officers)
52. Section 85 amended (Conditions of appointment)
53. Section 86 amended (Authorised officer's identity card)
54. Section 89 amended (General investigative powers of authorised
officers)
55. Section 95 amended (Statement of reasons for decision)
56. Section 96 substituted
96. Application for administrative review
57. Section 97 amended (Stay of operation)
58. Section 98 amended (Reference of application for mediation)
59. Section 99 amended (Powers of Regulator or workplace health
and safety Secretary on review)
60. Section 100 amended (Reference of application for review for
mediation or advice)
61. Section 103 amended (Stay of operation)
62. Section 105 amended (Power of exemption)
63. Section 112 amended (False or misleading information)
64. Section 114C amended (Institution of proceedings for offence)
65. Section 114D amended (Injunction)
66. Section 115 amended (Evidence of appointments)
3
67. Section 116 amended (Certificates by Regulator or workplace
health and safety Secretary)
68. Section 116A amended (Regulator or workplace health and
safety Secretary may take court action on behalf of customer)
69. Section 118 amended (Liability for compensation)
70. Section 119 amended (Immunity from liability)
71. Section 122 amended (Regulations)
72. Section 124 inserted
124. Transitional provisions on enactment of Economic
Regulator (Consequential Amendments) Act 2009
PART 4 GAS ACT 2000 AMENDED
73. Principal Act
74. Section 3 amended (Interpretation)
75. Part 2, Division 1: Heading amended
76. Section 7 substituted
7. Regulator
77. Section 8 amended (Functions of Regulator)
78. Part 2, Division 3: Heading amended
79. Section 11 amended (Delegation)
80. Section 12 amended (Power of Regulator and Director of Gas
Safety to require information)
81. Section 13 amended (Obligation to preserve confidentiality)
82. Section 15 amended (Advisory committees)
83. Section 16 amended (Annual report by Director of Gas Safety)
84. Section 16A inserted
16A. Annual report by Regulator
85. Section 23 amended (Application for licence)
86. Section 24 amended (Consideration of application for issue of
licence)
87. Section 26 amended (Licence term and renewal)
88. Section 27 amended (Licence fees and returns)
89. Section 29 amended (Licence conditions)
90. Section 30 amended (Licences conferring exclusive franchise)
4
91. Section 32A amended (Directions to comply with licence
conditions)
92. Section 33 amended (Notice of licence decisions)
93. Section 34 amended (Variation of licence)
94. Section 35 amended (Transfer of licence)
95. Section 36 amended (Surrender of licence)
96. Section 37 amended (Register of licences)
97. Section 38A amended (Gas codes)
98. Section 38B amended (Publication and availability of gas codes)
99. Section 38C amended (Review, amendment and replacement of
gas codes)
100. Section 46 amended (Suspension or cancellation of licences)
101. Part 3, Division 8: Heading amended
102. Section 47 amended (Power to take over operations)
103. Section 48 amended (Appointment of operator)
104. Section 49 amended (Disputes)
105. Section 77 amended (Acceptance of gas installations)
106. Section 79 amended (Offence to alter approved gas appliance)
107. Section 79A amended (Prohibition of supply of appliances or
components)
108. Section 79C amended (Recall of appliances or components)
109. Section 93 amended (Appointment of authorised officers)
110. Section 94 amended (Conditions of appointment)
111. Section 95 amended (Authorised officer's identity card)
112. Section 97 amended (Return of identity card)
113. Section 99 amended (General investigative powers of authorised
officers)
114. Section 102A amended (Interpretation)
115. Section 108 amended (Administrative review by appropriate
authority)
116. Section 109 amended (Reference of application for review for
mediation or advice)
117. Section 111 amended (Appeal against decisions)
5
118. Section 121 amended (Extension of time limits)
119. Section 122 amended (Confidentiality)
120. Section 129 amended (Statutory declarations)
121. Section 129A amended (Regulator may take court action on
behalf of customers)
122. Section 133 amended (Recovery of profits from contravention)
123. Section 134 amended (Immunity from personal liability)
124. Section 135 amended (Evidence)
125. Section 137 amended (Regulations)
126. Section 138A inserted
138A. Transitional provisions on enactment of Economic
Regulator (Consequential Amendments) Act 2009
PART 5 GAS PIPELINES ACT 2000 AMENDED
127. Principal Act
128. Section 3 amended (Interpretation)
129. Part 2, Division 1 repealed
130. Section 10 amended (General authority to grant pipeline licence)
131. Section 11 amended (Application for pipeline licence)
132. Section 12 amended (Consideration of application)
133. Section 13 amended (Information to be included in licence)
134. Section 14 amended (Annual fee)
135. Section 16 amended (Term and renewal of pipeline licence)
136. Section 17 amended (Preconditions of grant or renewal of
pipeline licence)
137. Section 18 amended (Condition as to use of information, &c.)
138. Section 19 amended (Alteration, extension or re-routing of
pipeline)
139. Section 20 amended (Other conditions)
140. Section 23 amended (Amendment of licence)
141. Section 24 amended (Transfer of licence)
142. Section 25 amended (Surrender)
6
143. Section 27 amended (Inseparability of dealings with pipeline and
pipeline land)
144. Section 28 amended (Application of Division)
145. Section 29 amended (Right of entry on land)
146. Section 33 amended (Records to be kept by licensee)
147. Section 35 amended (Information to be provided by licensee)
148. Part 2, Division 8: Heading amended
149. Section 36 amended (Regulator or Director of Gas Safety may
give directions)
150. Section 37 amended (Powers of Regulator and Director of Gas
Safety as to surveys, &c.)
151. Section 38 amended (Power to take over operations)
152. Section 39 amended (Appointment of operator)
153. Section 40 amended (Suspension of pipeline licence by
agreement)
154. Section 41 amended (Revocation of pipeline licence)
155. Section 71 amended (Safety net)
156. Section 74 amended (General investigative powers of authorised
officers)
157. Section 77 amended (Publication of result of investigation)
158. Section 78 repealed
159. Section 80 amended (Application for administrative review)
160. Section 81 amended (Stay of operation)
161. Section 82 amended (Administrative review by Regulator or
Director of Gas Safety)
162. Section 88 repealed
163. Section 89 substituted
89. Delegation
164. Section 94 amended (Verification of information)
165. Section 95 amended (Obligation to preserve confidentiality)
166. Section 96 amended (Immunity from liability)
167. Section 97 amended (Extension of time limits)
168. Section 98 amended (Confidentiality)
7
169. Section 99 amended (Regulations)
170. Section 101 inserted
101. Transitional provisions on enactment of Economic
Regulator (Consequential Amendments) Act 2009
PART 6 WATER AND SEWERAGE INDUSTRY ACT 2008
AMENDED
171. Principal Act
172. Section 3 amended (Interpretation)
173. Section 11 amended (The Regulator)
174. Section 14 amended (Delegation of Regulator's functions and
powers)
175. Section 15 amended (Matters to which Regulator is to have
regard)
176. Section 16 amended (Independence of Regulator)
177. Section 22 amended (Review, amendment and replacement of
codes)
178. Section 23 amended (Guidelines for conduct of Regulator)
179. Section 25 amended (Staff of Regulator)
180. Section 26 amended (Assistance and facilities)
181. Section 27 amended (Funds)
182. Section 28 substituted
28. Annual report of Regulator
183. Section 39 amended (Annual licence fees)
184. Section 71 amended (Auditing)
185. Section 80 amended (Grounds for review)
186. Section 101 amended (Confidentiality)
8
ECONOMIC REGULATOR (CONSEQUENTIAL
AMENDMENTS) BILL 2009
(Brought in by the Premier, the Honourable David John
Bartlett)
A BILL FOR
An Act to amend certain Acts consequent on the enactment
of the Economic Regulator Act 2009
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 PRELIMINARY
1. Short title
This Act may be cited as the Economic
Regulator (Consequential Amendments) Act
2009.
2. Commencement
This Act commences on the day on which the
Economic Regulator Act 2009 commences.
3. Repeal of Act
This Act is repealed on the ninetieth day after
the day on which it commences.
THIS BILL IS COGNATE WITH THE ECONOMIC REGULATOR BILL 2009
[Bill 82] 9
Economic Regulator (Consequential Amendments) Act 2009
Act No. of
s. 4 Part 2 Electricity Industry Safety and Administration Act 1997 Amended
PART 2 ELECTRICITY INDUSTRY SAFETY AND
ADMINISTRATION ACT 1997 AMENDED
4. Principal Act
In this Part, the Electricity Industry Safety and
Administration Act 1997* is referred to as the
Principal Act.
5. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by omitting "Regulator" from the
definition of "authorised officer" and
substituting "Secretary";
(b) by omitting the definition of
"Regulator";
(c) by inserting the following definition after
the definition of "representation":
"Secretary" means the Secretary of
the Department;
*No. 72 of 1997
10
Economic Regulator (Consequential Amendments) Act 2009
Act No. of
Part 2 Electricity Industry Safety and Administration Act 1997 Amended s. 6
6. Section 6 amended (Delegation of Secretary's
functions)
Section 6(1) of the Principal Act is amended as
follows:
(a) by omitting "Regulator" and substituting
"Secretary";
(b) by omitting "the Regulator's" and
substituting "his or her".
7. Section 8 amended (Committees)
Section 8 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Regulator" twice occurring and
substituting "Secretary";
(b) by omitting from subsection (2)
"Regulator" and substituting "Secretary";
(c) by omitting from subsection (3)
"Regulator" and substituting "Secretary".
8. Section 9 amended (Authorised officers)
Section 9 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Regulator" and substituting "Secretary";
11
Economic Regulator (Consequential Amendments) Act 2009
Act No. of
s. 9 Part 2 Electricity Industry Safety and Administration Act 1997 Amended
(b) by omitting from subsection (1)(a)
"Regulator's" and substituting
"Secretary's";
(c) by omitting from subsection (1)(b)
"Regulator's" and substituting
"Secretary's";
(d) by omitting from subsection (2)
"Regulator" and substituting "Secretary".
9. Section 10 amended (Power to obtain information)
Section 10(1) of the Principal Act is amended as
follows:
(a) by omitting "Regulator" and substituting
"Secretary";
(b) by omitting "Regulator's" and
substituting "Secretary's".
10. Section 47 amended (Electrical articles to which this
Part applies)
Section 47 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(b)
"Regulator" and substituting "Secretary";
(b) by omitting from subsection (2)
"Regulator" and substituting "Secretary".
12
Economic Regulator (Consequential Amendments) Act 2009
Act No. of
Part 2 Electricity Industry Safety and Administration Act 1997 Amended s. 11
11. Section 48 amended (Relevant standard)
Section 48 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(a)
"Regulator" and substituting "Secretary";
(b) by omitting from subsection (1)(b)
"Regulator" and substituting "Secretary";
(c) by omitting from subsection (2)
"Regulator" and substituting "Secretary".
12. Section 49 amended (Approval of electrical articles)
Section 49 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(a)
"Regulator" and substituting "Secretary";
(b) by omitting from subsection (2)(b)
"Regulator" and substituting "Secretary";
(c) by omitting from subsection (3)
"Regulator" and substituting "Secretary".
13. Section 50 amended (Marking of electrical articles)
Section 50 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(a)
"Regulator" and substituting "Secretary";
13
Economic Regulator (Consequential Amendments) Act 2009
Act No. of
s. 14 Part 2 Electricity Industry Safety and Administration Act 1997 Amended
(b) by omitting from subsection (2)(a)
"Regulator" and substituting "Secretary";
(c) by omitting from subsection (2)(b)
"Regulator" twice occurring and
substituting "Secretary";
(d) by omitting from subsection (3)
"Regulator" and substituting "Secretary".
14. Section 51 amended (Application for approval of
electrical articles)
Section 51 of the Principal Act is amended as
follows:
(a) by omitting from paragraph (a)
"Regulator" twice occurring and
substituting "Secretary";
(b) by omitting from paragraph (b)(i)
"Regulator" and substituting "Secretary";
(c) by omitting from paragraph (b)(iii)
"Regulator" and substituting "Secretary";
(d) by omitting from paragraph (b)(iv)
"Regulator" and substituting "Secretary".
15. Section 52 amended (Approval by Secretary)
Section 52 of the Principal Act is amended as
follows:
14
Economic Regulator (Consequential Amendments) Act 2009
Act No. of
Part 2 Electricity Industry Safety and Administration Act 1997 Amended s. 16
(a) by omitting from subsection (1)
"Regulator" and substituting "Secretary";
(b) by omitting from subsection (2)
"Regulator" twice occurring and
substituting "Secretary";
(c) by omitting from subsection (3)
"Regulator" twice occurring and
substituting "Secretary".
16. Section 53 amended (Term of approval)
Section 53(2) of the Principal Act is amended by
omitting "Regulator" and substituting
"Secretary".
17. Section 56 amended (Prohibition of sale of electrical
articles)
Section 56 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2)
"Regulator" twice occurring and
substituting "Secretary";
(b) by omitting from subsection (5)
"Regulator" and substituting "Secretary".
15
Economic Regulator (Consequential Amendments) Act 2009
Act No. of
s. 18 Part 2 Electricity Industry Safety and Administration Act 1997 Amended
18. Section 57 amended (Power to require recall of
defective electrical articles)
Section 57 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Regulator" first occurring and
substituting "Secretary";
(b) by omitting from subsection (1)
"Regulator" second occurring and
substituting "Secretary";
(c) by omitting from subsection (1)(b)
"Regulator" and substituting "Secretary";
(d) by omitting from subsection (2)
"Regulator" first occurring and
substituting "Secretary";
(e) by omitting from subsection (2)(b)
"Regulator" and substituting "Secretary".
19. Section 60 amended (Notification of transfer of
relevant business)
Section 60 of the Principal Act is amended by
omitting "Regulator" and substituting
"Secretary".
16
Economic Regulator (Consequential Amendments) Act 2009
Act No. of
Part 2 Electricity Industry Safety and Administration Act 1997 Amended s. 20
20. Section 61 amended (Certificates of approval and
suitability)
Section 61 of the Principal Act is amended by
omitting "Regulator" and substituting
"Secretary".
21. Section 62 amended (Fees)
Section 62 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Regulator" first occurring and
substituting "Secretary";
(b) by omitting from subsection (1)(c)
"Regulator" and substituting "Secretary";
(c) by omitting from subsection (1)(d)
"Regulator" and substituting "Secretary";
(d) by omitting from subsection (2)
"Regulator" and substituting "Secretary".
22. Section 64 amended (Power to order rectification,
&c.)
Section 64(1) of the Principal Act is amended as
follows:
(a) by omitting "Regulator's" and
substituting "Secretary's";
17
Economic Regulator (Consequential Amendments) Act 2009
Act No. of
s. 23 Part 2 Electricity Industry Safety and Administration Act 1997 Amended
(b) by omitting "Regulator" and substituting
"Secretary".
23. Section 65 amended (Relocation of certain
infrastructure)
Section 65(1) of the Principal Act is amended as
follows:
(a) by omitting "Regulator's" and
substituting "Secretary's";
(b) by omitting "Regulator" and substituting
"Secretary".
24. Section 66 amended (Power to direct discontinuance
of supply)
Section 66(1) of the Principal Act is amended by
omitting "Regulator" twice occurring and
substituting "Secretary".
25. Section 67 amended (Power to direct discontinuance
of use)
Section 67(1) of the Principal Act is amended by
omitting "Regulator" twice occurring and
substituting "Secretary".
18
Economic Regulator (Consequential Amendments) Act 2009
Act No. of
Part 2 Electricity Industry Safety and Administration Act 1997 Amended s. 26
26. Section 68 amended (Power to direct discontinuance
of practice)
Section 68(1) of the Principal Act is amended by
omitting "Regulator" twice occurring and
substituting "Secretary".
27. Section 72 amended (Notification of serious
electrical accidents)
Section 72(1) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (a)
"Regulator" and substituting "Secretary";
(b) by omitting from paragraph (b)
"Regulator" twice occurring and
substituting "Secretary".
28. Section 74 amended (Investigation of serious
electrical accidents)
Section 74(1) of the Principal Act is amended by
omitting "Regulator" and substituting
"Secretary".
29. Section 75 amended (Publication of details of
serious electrical accidents)
Section 75(1) of the Principal Act is amended by
omitting "Regulator" twice occurring and
substituting "Secretary".
19
Economic Regulator (Consequential Amendments) Act 2009
Act No. of
s. 30 Part 2 Electricity Industry Safety and Administration Act 1997 Amended
30. Section 78 amended (Rights of appeal)
Section 78(1) of the Principal Act is amended by
omitting "Regulator" and substituting
"Secretary".
31. Section 81 amended (Enforcement of
determination)
Section 81(1) of the Principal Act is amended by
omitting "Regulator" and substituting
"Secretary".
32. Section 83 amended (Electrical safety management
schemes)
Section 83(1)(a) of the Principal Act is amended
by omitting "Regulator" and substituting
"Secretary".
33. Section 84 amended (Approval of scheme)
Section 84 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Regulator's" and substituting
"Secretary's";
(b) by omitting from subsection (1)
"Regulator" and substituting "Secretary";
20
Economic Regulator (Consequential Amendments) Act 2009
Act No. of
Part 2 Electricity Industry Safety and Administration Act 1997 Amended s. 34
(c) by omitting from subsection (2)
"Regulator" and substituting "Secretary";
(d) by omitting from subsection (3)
"Regulator" twice occurring and
substituting "Secretary";
(e) by omitting from subsection (4)
"Regulator" first occurring and
substituting "Secretary";
(f) by omitting from subsection (4)(a)
"Regulator" and substituting "Secretary";
(g) by omitting from subsection (5)
"Regulator" twice occurring and
substituting "Secretary";
(h) by omitting from subsection (7)
"Regulator" and substituting "Secretary".
34. Section 85 amended (Approved manager)
Section 85 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Regulator" and substituting "Secretary";
(b) by omitting from subsection (2)
"Regulator" twice occurring and
substituting "Secretary".
21
Economic Regulator (Consequential Amendments) Act 2009
Act No. of
s. 35 Part 2 Electricity Industry Safety and Administration Act 1997 Amended
35. Section 86 amended (Variation or revocation of
electrical safety management scheme)
Section 86 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(b)
"Regulator" and substituting "Secretary";
(b) by omitting from subsection (1)(c)
"Regulator" twice occurring and
substituting "Secretary";
(c) by omitting from subsection (2)
"Regulator" and substituting "Secretary".
36. Section 90 amended (Evidence)
Section 90(3) of the Principal Act is amended by
omitting "Regulator" and substituting
"Secretary".
37. Section 93 amended (Costs of administration)
Section 93(3) of the Principal Act is amended by
omitting "Regulator" and substituting "Crown".
38. Section 94 amended (Fees)
Section 94(2) of the Principal Act is amended by
omitting "Regulator" and substituting
"Secretary".
22
Economic Regulator (Consequential Amendments) Act 2009
Act No. of
Part 2 Electricity Industry Safety and Administration Act 1997 Amended s. 39
39. Section 95 amended (Payment into the Consolidated
Fund)
Section 95 of the Principal Act is amended by
omitting "Regulator" and substituting
"Secretary".
40. Section 96 amended (Exemptions)
Section 96(1) of the Principal Act is amended by
omitting "Regulator's" and substituting
"Secretary's".
41. Section 97 amended (Immunity from liability)
Section 97 of the Principal Act is amended by
omitting "Regulator" and substituting
"Secretary".
42. Section 103 amended (Regulations)
Section 103(6)(c) of the Principal Act is
amended by omitting "Regulator" and
substituting "Secretary".
43. Section 105 inserted
After section 104 of the Principal Act, the
following section is inserted in Part 11:
23
Economic Regulator (Consequential Amendments) Act 2009
Act No. of
s. 43 Part 2 Electricity Industry Safety and Administration Act 1997 Amended
105. Transitional provisions on enactment of
Economic Regulator (Consequential
Amendments) Act 2009
(1) In this section
"former Act" means this Act as in
force immediately before the
transition day;
"Regulator" means the Regulator
within the meaning of the former
Act;
"transition day" means the day on
which the Economic Regulator
Act 2009 commences.
(2) If a person was authorised by the
Regulator or its delegate under section 9
of the former Act to exercise the powers
of an authorised officer and is an
authorised officer within the meaning of
the former Act immediately before the
transition day
(a) that person is taken to have been
authorised under section 9 of this
Act by the Secretary to exercise
the powers of an authorised
officer; and
(b) the certificate of authority issued
to the person by the Regulator or
its delegate under section 9 of the
former Act is taken to have been
24
Economic Regulator (Consequential Amendments) Act 2009
Act No. of
Part 2 Electricity Industry Safety and Administration Act 1997 Amended s. 43
issued by the Secretary under
section 9 of this Act.
(3) Except as otherwise provided by this
section or regulations made under
section 103
(a) a delegation, declaration,
requirement, order, direction,
acceptance, determination,
decision, approval, agreement,
recommendation, recall, other
decision, notice, certificate or
other act made, given, done or
omitted to be done by the
Regulator before the transition
day is taken, if appropriate, to
have been made, given, done or
omitted to be done by the
Secretary; and
(b) an application or scheme made or
submitted to the Regulator under
the former Act that has not been
determined before the transition
day is taken to have been made to
the Secretary under this Act; and
(c) a fee fixed by the Regulator under
section 62 of the former Act is
taken to have been fixed by the
Secretary under section 62 of this
Act; and
(d) a notice, report, other document
or information provided to the
25
Economic Regulator (Consequential Amendments) Act 2009
Act No. of
s. 43 Part 2 Electricity Industry Safety and Administration Act 1997 Amended
Regulator is taken, if appropriate,
to have been provided to the
Secretary; and
(e) a reference to the Regulator in a
document referred to in, or
relating to a matter referred to in,
paragraph (a), (b), (c) or (d) is
taken, if appropriate, to be or
include a reference to the
Secretary or the Crown, as
appropriate; and
(f) a document referred to in, or
relating to a matter referred to in,
paragraph (a), (b), (c) or (d) made
by the Regulator and in force
immediately before the transition
day is taken, if appropriate, to
have been made by the Secretary.
(4) A certificate apparently issued under the
authority of the Regulator under
section 90(3) of the former Act continues
to be admissible in legal proceedings as
evidence of the facts certified in it.
(5) On and after the transition day, the
following provisions apply except as
otherwise provided by this section or the
regulations made under section 103:
(a) a legal proceeding or other
proceeding, including (without
limitation) an investigation or
review, that could have been
26
Economic Regulator (Consequential Amendments) Act 2009
Act No. of
Part 2 Electricity Industry Safety and Administration Act 1997 Amended s. 43
instituted by or against the
Regulator immediately before the
transition day may be instituted
by or against the Crown or the
Secretary, as appropriate;
(b) a legal or other proceeding,
including (without limitation) an
investigation or review, instituted
by or against the Regulator that is
pending immediately before the
transition day may be continued
by or against the Crown or the
Secretary, as appropriate;
(c) a document relating to a legal or
other proceeding referred to in
paragraph (b) served on or by the
Regulator before the transition
day is taken to have been served
on or by the Crown or Secretary,
as appropriate;
(d) a judgment or order of a court
obtained by or against the
Regulator before the transition
day may be enforced by or
against the Crown or the
Secretary;
(e) a reference to the Regulator in a
document referred to in, or
relating to a matter referred to in,
paragraph (a), (b), (c) or (d) is
taken to be or to include a
27
Economic Regulator (Consequential Amendments) Act 2009
Act No. of
s. 43 Part 2 Electricity Industry Safety and Administration Act 1997 Amended
reference to the Crown or the
Secretary, as appropriate.
28
Economic Regulator (Consequential Amendments) Act 2009
Act No. of
Part 3 Electricity Supply Industry Act 1995 Amended s. 44
PART 3 ELECTRICITY SUPPLY INDUSTRY ACT
1995 AMENDED
44. Principal Act
In this Part, the Electricity Supply Industry Act
1995* is referred to as the Principal Act.
45. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by inserting the following definition
before the definition of "AER":
"AEMO" (Australian Energy Market
Operator) has the same meaning
as in the National Electricity
Rules;
(b) by omitting "NEMMCO" from the
definition of "National Electricity
Market" and substituting "AEMO";
(c) by omitting the definition of
"NEMMCO";
(d) by omitting "agreement." from paragraph
(b)(iv) of the definition of "vesting
agreement" and substituting
"agreement;";
*No. 58 of 1995
29
Economic Regulator (Consequential Amendments) Act 2009
Act No. of
s. 46 Part 3 Electricity Supply Industry Act 1995 Amended
(e) by inserting the following definition after
the definition of "vesting agreement":
"workplace health and safety
Secretary" means the Secretary
of the department responsible for
the administration of the
Workplace Health and Safety Act
1995.
46. Section 5 amended (The Regulator)
Section 5 of the Principal Act is amended by
omitting subsection (2) and substituting the
following subsection:
(2) The Regulator, within the meaning of the
Economic Regulator Act 2009, is
appointed as the Regulator.
47. Section 6 amended (Regulator's functions and
powers)
Section 6(4) of the Principal Act is amended by
omitting "his or her" and substituting "its".
48. Section 10 substituted
Section 10 of the Principal Act is repealed and
the following section is substituted:
30
Economic Regulator (Consequential Amendments) Act 2009
Act No. of
Part 3 Electricity Supply Industry Act 1995 Amended s. 49
10. Annual report
The annual report made by the Regulator,
within the meaning of the Economic
Regulator Act 2009, under that Act is to
include a report on the performance and
exercise of the Regulator's functions and
powers under this Act.
49. Section 58 amended (Appointment of electricity
officers)
Section 58(2) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (a) "by the
Regulator for the appointment;" and
substituting "for appointment by the
workplace health and safety Secretary;";
(b) by omitting from paragraph (b) "the
Regulator." and substituting "that
Secretary.".
50. Section 60 amended (Electricity officer's identity
card)
Section 60(2) of the Principal Act is amended by
omitting "Regulator" and substituting
"workplace health and safety Secretary".
31
Economic Regulator (Consequential Amendments) Act 2009
Act No. of
s. 51 Part 3 Electricity Supply Industry Act 1995 Amended
51. Section 84 amended (Appointment of authorised
officers)
Section 84 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Regulator" and substituting "workplace
health and safety Secretary";
(b) by omitting from subsection (3)
"Regulator." and substituting "workplace
health and safety Secretary".
52. Section 85 amended (Conditions of appointment)
Section 85 of the Principal Act is amended as
follows:
(a) by omitting from subsection (3)
"Regulator." and substituting "workplace
health and safety Secretary.";
(b) by omitting from subsection (4)
"Regulator." and substituting "workplace
health and safety Secretary.".
53. Section 86 amended (Authorised officer's identity
card)
Section 86 of the Principal Act is amended as
follows:
32
Economic Regulator (Consequential Amendments) Act 2009
Act No. of
Part 3 Electricity Supply Industry Act 1995 Amended s. 54
(a) by omitting from subsection (1)
"Regulator" and substituting "workplace
health and safety Secretary";
(b) by omitting from subsection (3)
"Regulator." and substituting "workplace
health and safety Secretary.".
54. Section 89 amended (General investigative powers
of authorised officers)
Section 89 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2)(b)(ii)
"Regulator," and substituting "workplace
health and safety Secretary,";
(b) by omitting from subsection (4)
"Regulator" and substituting "workplace
health and safety Secretary".
55. Section 95 amended (Statement of reasons for
decision)
Section 95 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Regulator" twice occurring and
substituting "Regulator, workplace health
and safety Secretary";
33
Economic Regulator (Consequential Amendments) Act 2009
Act No. of
s. 56 Part 3 Electricity Supply Industry Act 1995 Amended
(b) by omitting from subsection (3)
"Regulator" and substituting "Regulator,
workplace health and safety Secretary".
56. Section 96 substituted
Section 96 of the Principal Act is repealed and
the following section is substituted:
96. Application for administrative review
(1) In this section
"applicable authority" means
(a) the Regulator in relation to a
decision of the Regulator; or
(b) the workplace health and safety
Secretary in relation to a decision
of the workplace health and
safety Secretary or an authorised
officer.
(2) A person whose interests are affected by
a reviewable decision of the Regulator,
the workplace health and safety Secretary
or an authorised officer may, subject to
this Act, apply to the applicable authority
for an administrative review of the
decision.
(3) An application for an administrative
review must
(a) be in writing; and
34
Economic Regulator (Consequential Amendments) Act 2009
Act No. of
Part 3 Electricity Supply Industry Act 1995 Amended s. 57
(b) set out in detail the grounds on
which the applicant seeks review
of the decision; and
(c) be made within 28 days after the
day on which notice of the
decision was given to the
applicant or, if reasons for the
decision were not then given to
the applicant and the applicant
sought those reasons under this
Part, within 28 days after reasons
for the decision were given to the
applicant.
(4) The Regulator or workplace health and
safety Secretary may extend the period
for making an application for an
administrative review.
57. Section 97 amended (Stay of operation)
Section 97 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "or
workplace health and safety Secretary"
after "Regulator";
(b) by omitting from subsection (2)
"Regulator's opinion," and substituting
"opinion of the Regulator or workplace
health and safety Secretary,".
35
Economic Regulator (Consequential Amendments) Act 2009
Act No. of
s. 58 Part 3 Electricity Supply Industry Act 1995 Amended
58. Section 98 amended (Reference of application for
mediation)
Section 98 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "or
workplace health and safety Secretary"
after "Regulator";
(b) by inserting in subsection (2) "or
workplace health and safety Secretary"
after "Regulator".
59. Section 99 amended (Powers of Regulator or
workplace health and safety Secretary on review)
Section 99 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "or
workplace health and safety Secretary"
after "appropriate, the Regulator";
(b) by inserting in subsection (2) "or
workplace health and safety Secretary"
after "Regulator";
(c) by omitting from subsection (2)
"Regulator's" first occurring and
substituting "its, his or her";
(d) by omitting from subsection (2) "the
Regulator's" second occurring and
substituting "that".
36
Economic Regulator (Consequential Amendments) Act 2009
Act No. of
Part 3 Electricity Supply Industry Act 1995 Amended s. 60
60. Section 100 amended (Reference of application for
review for mediation or advice)
Section 100 of the Principal Act is amended as
follows:
(a) by inserting "or workplace health and
safety Secretary" after "Regulator";
(b) by omitting "Regulator's".
61. Section 103 amended (Stay of operation)
Section 103(2) of the Principal Act is amended
by omitting "Regulator's opinion," and
substituting "opinion of the Regulator or the
workplace health and safety Secretary, as
appropriate having regard to who made the
decision that is subject to appeal under this
Part,".
62. Section 105 amended (Power of exemption)
Section 105 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "or
workplace health and safety Secretary"
after "Regulator";
(b) by inserting in subsection (2) "or
workplace health and safety Secretary"
after "Regulator".
37
Economic Regulator (Consequential Amendments) Act 2009
Act No. of
s. 63 Part 3 Electricity Supply Industry Act 1995 Amended
63. Section 112 amended (False or misleading
information)
Section 112 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Regulator" and substituting "Regulator,
workplace health and safety Secretary";
(b) by omitting from subsection (2)
"Regulator" and substituting "Regulator,
workplace health and safety Secretary".
64. Section 114C amended (Institution of proceedings
for offence)
Section 114C of the Principal Act is amended by
omitting "Regulator or a person authorised by
the Regulator." and substituting "Regulator, the
workplace health and safety Secretary or a
person authorised by the Regulator or the
workplace health and safety Secretary.".
65. Section 114D amended (Injunction)
Section 114D of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "or
workplace health and safety Secretary"
after "Regulator";
38
Economic Regulator (Consequential Amendments) Act 2009
Act No. of
Part 3 Electricity Supply Industry Act 1995 Amended s. 66
(b) by inserting in subsection (1) "it," after
"Code,";
(c) by inserting in subsection (9) "or
workplace health and safety Secretary"
after "Regulator".
66. Section 115 amended (Evidence of appointments)
Section 115(2) of the Principal Act is amended
by inserting "the workplace health and safety
Secretary," after "Regulator,".
67. Section 116 amended (Certificates by Regulator or
workplace health and safety Secretary)
Section 116 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "or the
workplace health and safety Secretary"
after "Regulator";
(b) by inserting in subsection (2) "or the
workplace health and safety Secretary"
after "Regulator";
(c) by inserting in subsection (3) "or the
workplace health and safety Secretary"
after "Regulator".
39
Economic Regulator (Consequential Amendments) Act 2009
Act No. of
s. 68 Part 3 Electricity Supply Industry Act 1995 Amended
68. Section 116A amended (Regulator or workplace
health and safety Secretary may take court action
on behalf of customer)
Section 116A of the Principal Act is amended as
follows:
(a) by inserting "or the workplace health
and safety Secretary" after "Regulator";
(b) by inserting "its" after "may in".
69. Section 118 amended (Liability for compensation)
Section 118(1) of the Principal Act is amended
by inserting "or the workplace health and safety
Secretary, as appropriate," after "Regulator".
70. Section 119 amended (Immunity from liability)
Section 119 of the Principal Act is amended by
omitting "Regulator" and substituting
"Regulator, workplace health and safety
Secretary".
71. Section 122 amended (Regulations)
Section 122 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2BA)(a)
"Regulator;" and substituting "Regulator
40
Economic Regulator (Consequential Amendments) Act 2009
Act No. of
Part 3 Electricity Supply Industry Act 1995 Amended s. 72
and workplace health and safety
Secretary;";
(b) by omitting from subsection (2BA)(b)
"Regulator" and substituting "Regulator
and workplace health and safety
Secretary";
(c) by inserting the following paragraph after
paragraph (ba) in subsection (2C):
(bc) the Economic Regulator
(Consequential Amendments) Act
2009;
(d) by omitting from subsection (5)
"Minister or the Regulator." and
substituting "Minister, the Regulator or
the workplace health and safety
Secretary.".
72. Section 124 inserted
After section 123 of the Principal Act, the
following section is inserted in Division 7:
124. Transitional provisions on enactment of
Economic Regulator (Consequential
Amendments) Act 2009
(1) In this section
"former Act" means this Act as in
force immediately before the
transition day;
41
Economic Regulator (Consequential Amendments) Act 2009
Act No. of
s. 72 Part 3 Electricity Supply Industry Act 1995 Amended
"transition day" means the day on
which the Economic Regulator
Act 2009 commences.
(2) If a person was appointed by the
Regulator or its delegate as an authorised
officer under the former Act and,
immediately before the transition day,
holds that office
(a) that person is taken to have been
appointed as an authorised officer
by the workplace health and
safety Secretary for the same
term and on the same conditions;
and
(b) an identity card issued to the
authorised officer is taken to have
been issued by the workplace
health and safety Secretary; and
(c) a reference in an identity card to
the Regulator is taken to be to the
workplace health and safety
Secretary.
42
Economic Regulator (Consequential Amendments) Act 2009
Act No. of
Part 4 Gas Act 2000 Amended s. 73
PART 4 GAS ACT 2000 AMENDED
73. Principal Act
In this Part, the Gas Act 2000* is referred to as
the Principal Act.
74. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended by
inserting after the definition of "regulations" the
following definition:
"Regulator" means the person holding the
office of Regulator under section 7;
75. Part 2, Division 1: Heading amended
Division 1 of Part 2 of the Principal Act is
amended by omitting "Director of Gas" from the
heading to that Division and substituting
"Regulator".
76. Section 7 substituted
Section 7 of the Principal Act is repealed and the
following section is substituted:
*No. 92 of 2000
43
Economic Regulator (Consequential Amendments) Act 2009
Act No. of
s. 77 Part 4 Gas Act 2000 Amended
7. Regulator
(1) The office of Regulator is established.
(2) The Regulator, within the meaning of the
Economic Regulator Act 2009, is the
Regulator.
77. Section 8 amended (Functions of Regulator)
Section 8 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Director of Gas" and substituting
"Regulator";
(b) by omitting from subsection (1)(c)
"Director" and substituting "Regulator";
(c) by omitting from subsection (2)
"Director" and substituting "Regulator";
(d) by omitting from subsection (2A)
"Director" twice occurring and
substituting "Regulator";
(e) by omitting from subsection (2A) "his or
her" and substituting "its".
78. Part 2, Division 3: Heading amended
Division 3 of Part 2 of the Principal Act is
amended by omitting "Director of Gas" first
44
Economic Regulator (Consequential Amendments) Act 2009
Act No. of
Part 4 Gas Act 2000 Amended s. 79
occurring from the heading to that Division and
substituting "Regulator".
79. Section 11 amended (Delegation)
Section 11 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Director of Gas" first occurring and
substituting "Regulator";
(b) by inserting in subsection (1) "its," after
"such of";
(c) by omitting from subsection (1)
"relevant" and substituting "Regulator's
or";
(d) by omitting from subsection (2) "relevant
Director" and substituting "Regulator or
Director of Gas Safety";
(e) by omitting from subsection (5) "relevant
Director" and substituting "Regulator or
Director of Gas Safety";
(f) by omitting from subsection (6) "relevant
Director" first occurring and substituting
"Regulator or Director of Gas Safety";
(g) by omitting from subsection (6) "relevant
Director." and substituting "Regulator or
Director of Gas Safety.";
45
Economic Regulator (Consequential Amendments) Act 2009
Act No. of
s. 80 Part 4 Gas Act 2000 Amended
(h) by omitting from subsection (7) "relevant
Director in" and substituting "Regulator
or Director of Gas Safety in its,";
(i) by omitting from subsection (7)
"relevant" second occurring and
substituting "Regulator or";
(j) by omitting from subsection (7)
"relevant" third occurring and
substituting "Regulator or".
80. Section 12 amended (Power of Regulator and
Director of Gas Safety to require information)
Section 12(1) of the Principal Act is amended as
follows:
(a) by omitting "Director of Gas" first
occurring and substituting "Regulator";
(b) by omitting "relevant" twice occurring
and substituting "Regulator or".
81. Section 13 amended (Obligation to preserve
confidentiality)
Section 13 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Director of Gas" first occurring and
substituting "Regulator";
46
Economic Regulator (Consequential Amendments) Act 2009
Act No. of
Part 4 Gas Act 2000 Amended s. 82
(b) by omitting from subsection (3)
"Director of Gas" first occurring and
substituting "Regulator".
82. Section 15 amended (Advisory committees)
Section 15(1) of the Principal Act is amended as
follows:
(a) by omitting "Director of Gas" first
occurring and substituting "Regulator";
(b) by omitting "relevant" and substituting
"Regulator or".
83. Section 16 amended (Annual report by Director of
Gas Safety)
Section 16(1) of the Principal Act is amended as
follows:
(a) by omitting "Director of Gas and the";
(b) by omitting "relevant".
84. Section 16A inserted
After section 16 of the Principal Act, the
following section is inserted in Division 3:
16A. Annual report by Regulator
The annual report made by the Regulator,
within the meaning of the Economic
47
Economic Regulator (Consequential Amendments) Act 2009
Act No. of
s. 85 Part 4 Gas Act 2000 Amended
Regulator Act 2009, under that Act is to
include a report on the performance and
exercise of the Regulator's functions and
powers under this Act.
85. Section 23 amended (Application for licence)
Section 23 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(a)
"Director of Gas" and substituting
"Regulator";
(b) by omitting from subsection (1)(a)
"Director;" and substituting "Regulator;";
(c) by omitting from subsection (1)(b)
"Director" and substituting "Regulator";
(d) by omitting from subsection (2)
"Director" three times occurring and
substituting "Regulator";
(e) by omitting from subsection (3)
"Director" and substituting "Regulator";
(f) by omitting from subsection (4)
"Director" twice occurring and
substituting "Regulator".
48
Economic Regulator (Consequential Amendments) Act 2009
Act No. of
Part 4 Gas Act 2000 Amended s. 86
86. Section 24 amended (Consideration of application
for issue of licence)
Section 24 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Director of Gas" and substituting
"Regulator";
(b) by omitting from subsection (2)
"Director" first occurring and
substituting "Regulator";
(c) by omitting from subsection (3)
"Director" and substituting "Regulator".
87. Section 26 amended (Licence term and renewal)
Section 26 of the Principal Act is amended as
follows:
(a) by omitting from subsection (3)
"Director of Gas" and substituting
"Regulator";
(b) by omitting from subsection (4)
"Director" and substituting "Regulator";
(c) by omitting from subsection (5)
"Director" and substituting "Regulator";
(d) by omitting from subsection (5) "he or
she" and substituting "it".
49
Economic Regulator (Consequential Amendments) Act 2009
Act No. of
s. 88 Part 4 Gas Act 2000 Amended
88. Section 27 amended (Licence fees and returns)
Section 27 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Director of Gas" and substituting
"Regulator";
(b) by omitting from subsection (2)(a)
"Director," and substituting "Regulator,";
(c) by omitting from subsection (2)(a)
"Director" second occurring and
substituting "Regulator";
(d) by omitting from subsection (2)(b)
"Director," and substituting "Regulator,";
(e) by omitting from subsection (3)
"Director" twice occurring and
substituting "Regulator";
(f) by omitting from subsection (5)
"Director" first occurring and
substituting "Regulator";
(g) by omitting from subsection (5)
"Director." and substituting "Regulator.".
89. Section 29 amended (Licence conditions)
Section 29 of the Principal Act is amended as
follows:
50
Economic Regulator (Consequential Amendments) Act 2009
Act No. of
Part 4 Gas Act 2000 Amended s. 90
(a) by omitting from subsection (1)(a)
"Director of Gas" and substituting
"Regulator";
(b) by omitting from subsection (1)(b)
"Director of Gas" and substituting
"Regulator";
(c) by omitting from subsection (1)(c)
"Director of Gas" and substituting
"Regulator";
(d) by omitting from subsection (2)(a)
"Director of Gas" and substituting
"Regulator";
(e) by omitting from subsection (2)(b)
"Director of Gas" and substituting
"Regulator".
90. Section 30 amended (Licences conferring exclusive
franchise)
Section 30 of the Principal Act is amended as
follows:
(a) by omitting from subsection (3)(d)
"Director of Gas" and substituting
"Regulator";
(b) by omitting from subsection (4)
"Director of Gas" and substituting
"Regulator";
(c) by omitting from subsection (4) "his or
her" and substituting "its";
51
Economic Regulator (Consequential Amendments) Act 2009
Act No. of
s. 91 Part 4 Gas Act 2000 Amended
(d) by omitting from subsection (5)
"Director of Gas" and substituting
"Regulator".
91. Section 32A amended (Directions to comply with
licence conditions)
Section 32A of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Director of Gas," and substituting
"Regulator,";
(b) by omitting from subsection (1)
"Director" second occurring and
substituting "Regulator";
(c) by omitting from subsection (2)
"Director" and substituting "Regulator";
(d) by omitting from subsection (6)(a)
"Director of Gas," and substituting
"Regulator,";
(e) by omitting from subsection (6)(a)
"Director," and substituting "Regulator,";
(f) by omitting from subsection (6)(c)
"Director of Gas" and substituting
"Regulator";
(g) by omitting from subsection (6)(c)
"Director" second occurring and
substituting "Regulator".
52
Economic Regulator (Consequential Amendments) Act 2009
Act No. of
Part 4 Gas Act 2000 Amended s. 92
92. Section 33 amended (Notice of licence decisions)
Section 33 of the Principal Act is amended as
follows:
(a) by omitting "Director of Gas" and
substituting "Regulator";
(b) by omitting from paragraph (a)(i)
"Director's" and substituting
"Regulator's";
(c) by omitting from paragraph (b)
"Director's" and substituting
"Regulator's".
93. Section 34 amended (Variation of licence)
Section 34 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Director of Gas" and substituting
"Regulator";
(b) by omitting from subsection (3)
"Director" twice occurring and
substituting "Regulator".
94. Section 35 amended (Transfer of licence)
Section 35 of the Principal Act is amended as
follows:
53
Economic Regulator (Consequential Amendments) Act 2009
Act No. of
s. 95 Part 4 Gas Act 2000 Amended
(a) by omitting from subsection (1)
"Director of Gas." and substituting
"Regulator.";
(b) by omitting from subsection (3)
"Director of Gas" and substituting
"Regulator".
95. Section 36 amended (Surrender of licence)
Section 36 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Director of Gas," and substituting
"Regulator,";
(b) by omitting from subsection (2)
"Director" and substituting "Regulator";
(c) by omitting from subsection (3)
"Director" and substituting "Regulator".
96. Section 37 amended (Register of licences)
Section 37 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Director of Gas" and substituting
"Regulator";
(b) by omitting from subsection (3)
"Director," and substituting "Regulator,".
54
Economic Regulator (Consequential Amendments) Act 2009
Act No. of
Part 4 Gas Act 2000 Amended s. 97
97. Section 38A amended (Gas codes)
Section 38A of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(b)
"Director of Gas." and substituting
"Regulator.";
(b) by omitting from subsection (6)(a)
"Director of Gas;" and substituting
"Regulator;";
(c) by omitting from subsection (7)
"Director of Gas" and substituting
"Regulator";
(d) by omitting from subsection (7)
"Director" second occurring and
substituting "Regulator";
(e) by omitting from subsection (8)
"Director of Gas" and substituting
"Regulator";
(f) by omitting from subsection (8)
"Director" second occurring and
substituting "Regulator".
98. Section 38B amended (Publication and availability
of gas codes)
Section 38B of the Principal Act is amended as
follows:
55
Economic Regulator (Consequential Amendments) Act 2009
Act No. of
s. 99 Part 4 Gas Act 2000 Amended
(a) by omitting from subsection (1)
"Director of Gas" twice occurring and
substituting "Regulator";
(b) by omitting from subsection (2)
"Director" first occurring and
substituting "Regulator";
(c) by omitting from subsection (2)(b)
"Director" first occurring and
substituting "Regulator";
(d) by omitting from subsection (2)(b)
"Director." and substituting "Regulator.";
(e) by omitting from subsection (3)
"Director" twice occurring and
substituting "Regulator".
99. Section 38C amended (Review, amendment and
replacement of gas codes)
Section 38C of the Principal Act is amended as
follows:
(a) by omitting "Director of Gas;" from the
definition of "issuing authority" in
subsection (1) and substituting
"Regulator;";
(b) by omitting from subsection (3)
"Director of Gas" and substituting
"Regulator";
56
Economic Regulator (Consequential Amendments) Act 2009
Act No. of
Part 4 Gas Act 2000 Amended s. 100
(c) by omitting from subsection (3)
"Director" second occurring and
substituting "Regulator";
(d) by omitting from subsection (5)
"Director of Gas" and substituting
"Regulator".
100. Section 46 amended (Suspension or cancellation of
licences)
Section 46 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Director of Gas" and substituting
"Regulator";
(b) by omitting from subsection (2)
"Director." and substituting "Regulator.";
(c) by omitting from subsection (3)
"Director" first occurring and
substituting "Regulator";
(d) by omitting from subsection (3)
"Director" second occurring and
substituting "Regulator";
(e) by omitting from subsection (3)(b)
"Director" and substituting "Regulator".
57
Economic Regulator (Consequential Amendments) Act 2009
Act No. of
s. 101 Part 4 Gas Act 2000 Amended
101. Part 3, Division 8: Heading amended
Division 8 of Part 3 of the Principal Act is
amended by omitting "Director of Gas" from the
heading to that Division and substituting
"Regulator".
102. Section 47 amended (Power to take over operations)
Section 47 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Director of Gas," and substituting
"Regulator,";
(b) by omitting from subsection (2)
"Director" and substituting "Regulator";
(c) by omitting from subsection (3)(a)
"Director" and substituting "Regulator".
103. Section 48 amended (Appointment of operator)
Section 48(1) of the Principal Act is amended by
omitting "Director of Gas" and substituting
"Regulator".
104. Section 49 amended (Disputes)
Section 49 of the Principal Act is amended as
follows:
58
Economic Regulator (Consequential Amendments) Act 2009
Act No. of
Part 4 Gas Act 2000 Amended s. 105
(a) by omitting from subsection (1)
"Director of Gas" first occurring and
substituting "Regulator";
(b) by omitting from subsection (2) "relevant
Director" and substituting "Regulator or
the Director of Gas Safety";
(c) by omitting from subsection (3) "relevant
Director" first occurring and substituting
"Regulator or the Director of Gas
Safety";
(d) by omitting from subsection (3)(a)
"relevant Director" and substituting
"Regulator or the Director of Gas
Safety";
(e) by omitting from subsection (3)(b)
"relevant Director" and substituting
"Regulator or the Director of Gas
Safety";
(f) by omitting from subsection (4) "relevant
Director" and substituting "Regulator or
the Director of Gas Safety".
105. Section 77 amended (Acceptance of gas
installations)
Section 77 of the Principal Act is amended as
follows:
(a) by omitting from subsection (5)
"Director" first occurring and
substituting "Director of Gas Safety";
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Economic Regulator (Consequential Amendments) Act 2009
Act No. of
s. 106 Part 4 Gas Act 2000 Amended
(b) by omitting from subsection (6)
"Director" first occurring and
substituting "Director of Gas Safety";
(c) by omitting from subsection (7)
"Director" and substituting "Director of
Gas Safety";
(d) by omitting from subsection (8)
"Director" and substituting "Director of
Gas Safety".
106. Section 79 amended (Offence to alter approved gas
appliance)
Section 79 of the Principal Act is amended by
omitting "Director of Gas" and substituting
"Director of Gas Safety".
107. Section 79A amended (Prohibition of supply of
appliances or components)
Section 79A of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Director of Gas," and substituting
"Director of Gas Safety,";
(b) by omitting from subsection (3)
"Director of Gas," and substituting
"Director of Gas Safety,";
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Economic Regulator (Consequential Amendments) Act 2009
Act No. of
Part 4 Gas Act 2000 Amended s. 108
(c) by omitting from subsection (5)
"Director of Gas" and substituting
"Director of Gas Safety";
(d) by omitting from subsection (6)
"Director of Gas" and substituting
"Director of Gas Safety";
(e) by omitting from subsection (7)
"Director of Gas" and substituting
"Director of Gas Safety";
(f) by omitting subsection (8).
108. Section 79C amended (Recall of appliances or
components)
Section 79C of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Director of Gas," and substituting
"Director of Gas Safety,";
(b) by omitting from subsection (2)
"Director" first occurring and
substituting "Director of Gas Safety";
(c) by omitting from subsection (3)(b)
"Director" first occurring and
substituting "Director of Gas Safety";
(d) by omitting from subsection (4)
"Director" and substituting "Director of
Gas Safety";
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Economic Regulator (Consequential Amendments) Act 2009
Act No. of
s. 109 Part 4 Gas Act 2000 Amended
(e) by omitting subsection (5).
109. Section 93 amended (Appointment of authorised
officers)
Section 93 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Director of Gas" first occurring and
substituting "Regulator";
(b) by omitting from subsection (3) "relevant
Director." and substituting "Regulator or
the Director of Gas Safety.".
110. Section 94 amended (Conditions of appointment)
Section 94 of the Principal Act is amended as
follows:
(a) by omitting from subsection (3) "relevant
Director." and substituting "Regulator or
the Director of Gas Safety.";
(b) by omitting from subsection (4) "relevant
Director" and substituting "Regulator or
the Director of Gas Safety";
(c) by omitting from subsection (4)
"Director" second occurring and
substituting "Regulator or the Director of
Gas Safety".
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Economic Regulator (Consequential Amendments) Act 2009
Act No. of
Part 4 Gas Act 2000 Amended s. 111
111. Section 95 amended (Authorised officer's identity
card)
Section 95(1) of the Principal Act is amended by
omitting "Director of Gas" first occurring and
substituting "Regulator".
112. Section 97 amended (Return of identity card)
Section 97 of the Principal Act is amended by
omitting "relevant Director." and substituting
"Regulator or the Director of Gas Safety.".
113. Section 99 amended (General investigative powers
of authorised officers)
Section 99 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2)(b)(ii)
"Director of Gas" first occurring and
substituting "Regulator";
(b) by omitting from subsection (4)(a)
"Director of Gas" first occurring and
substituting "Regulator".
114. Section 102A amended (Interpretation)
Section 102A of the Principal Act is amended by
omitting "Director of Gas" first occurring from
the definition of "appropriate authority" and
substituting "Regulator".
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Economic Regulator (Consequential Amendments) Act 2009
Act No. of
s. 115 Part 4 Gas Act 2000 Amended
115. Section 108 amended (Administrative review by
appropriate authority)
Section 108(1) of the Principal Act is amended
by omitting "relevant Director" and substituting
"appropriate authority".
116. Section 109 amended (Reference of application for
review for mediation or advice)
Section 109 of the Principal Act is amended by
inserting "its," after "delegate".
117. Section 111 amended (Appeal against decisions)
Section 111(1) of the Principal Act is amended
by omitting "Director of Gas," and substituting
"Regulator,".
118. Section 121 amended (Extension of time limits)
Section 121(1) of the Principal Act is amended
by omitting "Director of Gas" first occurring and
substituting "Regulator".
119. Section 122 amended (Confidentiality)
Section 122(1)(e) of the Principal Act is
amended by omitting "Director of Gas" first
occurring and substituting "Regulator".
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Economic Regulator (Consequential Amendments) Act 2009
Act No. of
Part 4 Gas Act 2000 Amended s. 120
120. Section 129 amended (Statutory declarations)
Section 129 of the Principal Act is amended as
follows:
(a) by omitting "Director of Gas" first
occurring and substituting "Regulator";
(b) by omitting "relevant Director" and
substituting "Regulator or Director of
Gas Safety".
121. Section 129A amended (Regulator may take court
action on behalf of customers)
Section 129A of the Principal Act is amended by
omitting "Director of Gas" and substituting
"Regulator".
122. Section 133 amended (Recovery of profits from
contravention)
Section 133 of the Principal Act is amended by
omitting "Director of Gas" and substituting
"Regulator".
123. Section 134 amended (Immunity from personal
liability)
Section 134(1) of the Principal Act is amended
as follows:
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Economic Regulator (Consequential Amendments) Act 2009
Act No. of
s. 124 Part 4 Gas Act 2000 Amended
(a) by omitting "Director of Gas," and
substituting "Regulator,";
(b) by omitting "either" and substituting "the
Regulator or".
124. Section 135 amended (Evidence)
Section 135(2) of the Principal Act is amended
by omitting "Director of Gas" first occurring and
substituting "Regulator".
125. Section 137 amended (Regulations)
Section 137 of the Principal Act is amended as
follows:
(a) by omitting from subsection (3)(b)
"Director of Gas" first occurring and
substituting "Regulator";
(b) by inserting the following subsection
after subsection (3):
(4) The regulations may
(a) provide for savings or
transitional matters
necessary or expedient for
bringing this Act, as
amended by the Economic
Regulator (Consequential
Amendments) Act 2009,
into operation; and
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Economic Regulator (Consequential Amendments) Act 2009
Act No. of
Part 4 Gas Act 2000 Amended s. 126
(b) provide for any of those
savings or transitional
matters to take effect
when that Act commences
or on a later day specified
in the regulations,
whether the day so
specified is before, on or
after the day on which the
regulations are made.
126. Section 138A inserted
After section 138 of the Principal Act, the
following section is inserted in Part 8:
138A. Transitional provisions on enactment of
Economic Regulator (Consequential
Amendments) Act 2009
(1) In this section
"Director" means the Director of Gas
as appointed under the former
Act;
"former Act" means this Act as in
force immediately before the
transition day;
"transition day" means the day on
which the Economic Regulator
Act 2009 commences.
(2) Except as otherwise provided by this
section or the regulations
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s. 126 Part 4 Gas Act 2000 Amended
(a) a delegation, requirement,
direction, notice, public
notification, other publication of
a document, approval,
authorisation, agreement,
application, determination, other
decision or other act made, given,
done or omitted to be done by the
Director before the transition day
is taken, if appropriate, to have
been made, given, done or
omitted to be done by the
Regulator; and
(b) a licence issued by the Director
and in force immediately before
the transition day continues and is
taken to have been issued by the
Regulator, and anything done or
omitted to be done by the
Director in relation to that licence
is taken to have been done or
omitted by the Regulator; and
(c) a gas code issued by the Director
and in force immediately before
the transition day continues and is
taken to have been issued by the
Regulator and anything done or
omitted to be done by the
Director in relation to that licence
is taken to have been done or
omitted by the Regulator; and
(d) a person appointed by the
Director as an authorised officer
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Economic Regulator (Consequential Amendments) Act 2009
Act No. of
Part 4 Gas Act 2000 Amended s. 126
and who, immediately before the
transition day, holds that office is
taken to have been appointed by
the Regulator as an authorised
officer for the same term and on
the same conditions; and
(e) a fee fixed by the Director under
a provision of the former Act that
is in force immediately before the
transition day is taken to have
been fixed by the Regulator under
that provision of this Act; and
(f) an application, notice, other
document or information
provided to the Director is taken,
if appropriate, to have been
provided to the Regulator; and
(g) a reference to the Director in a
document referred to in, or
relating to a matter referred to in,
paragraph (a), (b), (c), (d), (e) or
(f) is taken, if appropriate, to be
or include a reference to the
Regulator; and
(h) a document referred to in, or
relating to a matter referred to in,
paragraph (a), (b), (c), (d), (e) or
(f) made by the Director and in
force immediately before the
transition day is taken, if
appropriate, to have been made
by the Regulator.
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Economic Regulator (Consequential Amendments) Act 2009
Act No. of
s. 126 Part 4 Gas Act 2000 Amended
(3) Except as otherwise provided by the
regulations
(a) an approval, notice, prohibition,
requirement, determination, other
decision or other act made, given,
done or omitted to be done by the
Director before the transition day
under Division 5 of Part 4 of the
former Act is taken, if
appropriate, to have been made,
given, done or omitted to be done
by the Regulator under Division 5
of Part 4 of this Act; and
(b) an application, notice, other
document or information
provided to the Director in
relation to a matter under
Division 5 of Part 4 of the former
Act is taken to have been
provided to the Regulator under
Division 5 of Part 4 of this Act;
and
(c) a reference to the Director in a
document referred to in, or
relating to a matter referred to in,
paragraph (a) or (b) is taken, if
appropriate, to be or include a
reference to the Regulator; and
(d) a document referred to in, or
relating to a matter referred to in,
paragraph (a) or (b) made by the
Director and in force immediately
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Economic Regulator (Consequential Amendments) Act 2009
Act No. of
Part 4 Gas Act 2000 Amended s. 126
before the transition day is taken,
if appropriate, to have been made
by the Regulator.
(4) On and after the transition day, the
following provisions apply except as
otherwise provided by this section or the
regulations:
(a) a legal or other proceeding that
could have been instituted
immediately before the transition
day
(i) by or against the Director
in relation to a matter or
document referred to in
subsection (2) may be
instituted by or against the
Regulator; or
(ii) by or against the Director
in relation to a matter
referred to in
subsection (3) may be
instituted by or against the
Director of Gas Safety;
(b) a legal or other proceeding that is
pending immediately before the
transition day and was
instituted
(i) by or against the Director
in relation to a matter or
document referred to in
subsection (2) may be
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Act No. of
s. 126 Part 4 Gas Act 2000 Amended
continued by or against
the Regulator; or
(ii) by or against the Director
in relation to a matter
referred to in
subsection (3) may be
continued by or against
the Director of Gas
Safety;
(c) a document relating to a legal
proceeding referred to in
paragraph (b) served on or by the
Director before the transition day
is taken to have been served on or
by the Regulator or Director of
Gas Safety, as appropriate;
(d) a judgment or order of a court
obtained by or against the
Director before the transition day
may be enforced by or against the
Regulator or Director of Gas
Safety, as appropriate;
(e) a reference to the Director in a
document referred to in, or
relating to a matter referred to in,
paragraph (a), (b), (c) or (d) is
taken to be, or to include, a
reference to the Regulator or
Director of Gas, as appropriate.
72
Economic Regulator (Consequential Amendments) Act 2009
Act No. of
Part 5 Gas Pipelines Act 2000 Amended s. 127
PART 5 GAS PIPELINES ACT 2000 AMENDED
127. Principal Act
In this Part, the Gas Pipelines Act 2000* is
referred to as the Principal Act.
128. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as
follows:
(a) by omitting "Director of Gas" from the
definition of "approved form" and
substituting "Regulator";
(b) by omitting "Director of Gas" first
occurring from the definition of
"authorised officer" and substituting
"Regulator";
(c) by omitting the definition of "Director of
Gas";
(d) by omitting "Director of Gas" from
paragraph (b) of the definition of
"owner" and substituting "Regulator";
(e) by inserting the following definition after
the definition of "regulations":
*No. 91 of 2000
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Economic Regulator (Consequential Amendments) Act 2009
Act No. of
s. 129 Part 5 Gas Pipelines Act 2000 Amended
"Regulator" means the Regulator,
within the meaning of the Gas
Act 2000;
129. Part 2, Division 1 repealed
Division 1 of Part 2 of the Principal Act is
repealed.
130. Section 10 amended (General authority to grant
pipeline licence)
Section 10 of the Principal Act is amended by
omitting "Director" and substituting
"Regulator".
131. Section 11 amended (Application for pipeline
licence)
Section 11 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(a)
"Director;" and substituting "Regulator;";
(b) by omitting from subsection (1)(c)
"Director" and substituting "Regulator";
(c) by omitting from subsection (2)(a)
"Director" and substituting "Regulator";
(d) by omitting from subsection (3)
"Director" and substituting "Regulator";
74
Economic Regulator (Consequential Amendments) Act 2009
Act No. of
Part 5 Gas Pipelines Act 2000 Amended s. 132
(e) by omitting from subsection (4)
"Director" and substituting "Regulator";
(f) by omitting from subsection (7)
"Director" and substituting "Regulator".
132. Section 12 amended (Consideration of application)
Section 12 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Director" and substituting "Regulator";
(b) by omitting from subsection (2)
"Director" and substituting "Regulator";
(c) by omitting from subsection (2) "he or
she is";
(d) by omitting from subsection (3)
"Director of Gas" and substituting
"Regulator";
(e) by omitting from subsection (4)
"Director of Gas" first occurring and
substituting "Regulator".
133. Section 13 amended (Information to be included in
licence)
Section 13(c) of the Principal Act is amended by
omitting "Director." and substituting
"Regulator.".
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Economic Regulator (Consequential Amendments) Act 2009
Act No. of
s. 134 Part 5 Gas Pipelines Act 2000 Amended
134. Section 14 amended (Annual fee)
Section 14 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Director" twice occurring and
substituting "Regulator";
(b) by omitting from subsection (2)(a)
"Director" and substituting "Regulator";
(c) by omitting from subsection (2)(b)
"Director" twice occurring and
substituting "Regulator";
(d) by omitting from subsection (3)
"Director" and substituting "Regulator";
(e) by omitting from subsection (4)
"Director" twice occurring and
substituting "Regulator".
135. Section 16 amended (Term and renewal of pipeline
licence)
Section 16 of the Principal Act is amended as
follows:
(a) by omitting "Director" first occurring
and substituting "Regulator";
(b) by omitting "Director." and substituting
"Regulator.".
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Economic Regulator (Consequential Amendments) Act 2009
Act No. of
Part 5 Gas Pipelines Act 2000 Amended s. 136
136. Section 17 amended (Preconditions of grant or
renewal of pipeline licence)
Section 17 of the Principal Act is amended as
follows:
(a) by omitting "Director" first occurring
and substituting "Regulator";
(b) by omitting "Director," and substituting
"Regulator,".
137. Section 18 amended (Condition as to use of
information, &c.)
Section 18 of the Principal Act is amended by
omitting "Director " and substituting
"Regulator ".
138. Section 19 amended (Alteration, extension or re-
routing of pipeline)
Section 19 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(d)
"Director." and substituting "Regulator.";
(b) by omitting from subsection (2)
"Director" and substituting "Regulator".
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Economic Regulator (Consequential Amendments) Act 2009
Act No. of
s. 139 Part 5 Gas Pipelines Act 2000 Amended
139. Section 20 amended (Other conditions)
Section 20 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Director" twice occurring and
substituting "Regulator";
(b) by omitting from subsection (2)
"Director" and substituting "Regulator".
140. Section 23 amended (Amendment of licence)
Section 23 of the Principal Act is amended by
omitting "Director" and substituting
"Regulator".
141. Section 24 amended (Transfer of licence)
Section 24 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Director's" and substituting
"Regulator's";
(b) by omitting from subsection (2)
"Director" and substituting "Regulator".
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Economic Regulator (Consequential Amendments) Act 2009
Act No. of
Part 5 Gas Pipelines Act 2000 Amended s. 142
142. Section 25 amended (Surrender)
Section 25 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Director" and substituting "Regulator";
(b) by omitting from subsection (2)
"Director" twice occurring and
substituting "Regulator";
(c) by omitting from subsection (3)
"Director" and substituting "Regulator";
(d) by omitting from subsection (4)
"Director" first occurring and
substituting "Regulator";
(e) by omitting from subsection (4)(b)
"Director" and substituting "Regulator".
143. Section 27 amended (Inseparability of dealings with
pipeline and pipeline land)
Section 27 of the Principal Act is amended by
omitting "Director" and substituting
"Regulator".
144. Section 28 amended (Application of Division)
Section 28(b) of the Principal Act is amended by
omitting "Director" twice occurring and
substituting "Regulator".
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Economic Regulator (Consequential Amendments) Act 2009
Act No. of
s. 145 Part 5 Gas Pipelines Act 2000 Amended
145. Section 29 amended (Right of entry on land)
Section 29(2) of the Principal Act is amended by
omitting "Director" twice occurring and
substituting "Regulator".
146. Section 33 amended (Records to be kept by licensee)
Section 33(2) of the Principal Act is amended as
follows:
(a) by omitting "Director of Gas" first
occurring and substituting "Regulator";
(b) by omitting from paragraph (a) "relevant
Director" and substituting "Regulator or
Director of Gas Safety".
147. Section 35 amended (Information to be provided by
licensee)
Section 35 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Director of Gas" first occurring and
substituting "Regulator";
(b) by omitting from subsection (2) "relevant
Director, provide that Director" and
substituting "Regulator or the Director of
Gas Safety, provide the Regulator or the
Director";
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Economic Regulator (Consequential Amendments) Act 2009
Act No. of
Part 5 Gas Pipelines Act 2000 Amended s. 148
(c) by omitting from subsection (2) "that
Director" second occurring and
substituting "the Regulator or the
Director";
(d) by omitting from subsection (3) "relevant
Director" and substituting "Regulator or
the Director of Gas Safety";
(e) by omitting from subsection (4) "relevant
Director, provide that Director" and
substituting "Regulator or the Director of
Gas Safety, provide the Regulator or the
Director";
(f) by omitting from subsection (4) "that
Director" second occurring and
substituting "the Regulator or the
Director".
148. Part 2, Division 8: Heading amended
Division 8 of Part 2 of the Principal Act is
amended by omitting "Director" from the
heading to that Division and substituting
"Regulator or Director of Gas Safety".
149. Section 36 amended (Regulator or Director of Gas
Safety may give directions)
Section 36 of the Principal Act is amended as
follows:
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Economic Regulator (Consequential Amendments) Act 2009
Act No. of
s. 150 Part 5 Gas Pipelines Act 2000 Amended
(a) by omitting from subsection (1)
"Director of Gas" first occurring and
substituting "Regulator";
(b) by omitting from subsection (3) "relevant
Director" and substituting "Regulator or
Director of Gas Safety".
150. Section 37 amended (Powers of Regulator and
Director of Gas Safety as to surveys, &c.)
Section 37 of the Principal Act is amended by
omitting "Director of Gas" first occurring and
substituting "Regulator".
151. Section 38 amended (Power to take over operations)
Section 38 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2)
"Director" and substituting "Regulator";
(b) by omitting from subsection (3)(a)
"Director" and substituting "Regulator".
152. Section 39 amended (Appointment of operator)
Section 39(1) of the Principal Act is amended by
omitting "Director" and substituting
"Regulator".
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Economic Regulator (Consequential Amendments) Act 2009
Act No. of
Part 5 Gas Pipelines Act 2000 Amended s. 153
153. Section 40 amended (Suspension of pipeline licence
by agreement)
Section 40 of the Principal Act is amended by
omitting "Director" and substituting
"Regulator".
154. Section 41 amended (Revocation of pipeline licence)
Section 41 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(a)
"Director" and substituting "Regulator";
(b) by omitting from subsection (1)(c)
"Director's" and substituting
"Regulator's";
(c) by omitting from subsection (1)
"Director" second occurring and
substituting "Regulator";
(d) by omitting from subsection (1)(d)
"Director" and substituting "Regulator";
(e) by omitting from subsection (2)
"Director" first occurring and
substituting "Regulator";
(f) by omitting from subsection (2)
"Director" second occurring and
substituting "Regulator";
(g) by omitting from subsection (2)(b)
"Director" and substituting "Regulator";
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Economic Regulator (Consequential Amendments) Act 2009
Act No. of
s. 155 Part 5 Gas Pipelines Act 2000 Amended
(h) by omitting from subsection (3)
"Director's" and substituting
"Regulator's";
(i) by omitting from subsection (3)
"Director" and substituting "Regulator";
(j) by omitting from subsection (4)
"Director" three times occurring and
substituting "Regulator";
(k) by omitting from subsection (5)
"Director" twice occurring and
substituting "Regulator";
(l) by omitting from subsection (8)
"Director" and substituting "Regulator".
155. Section 71 amended (Safety net)
Section 71 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Director of Gas" and substituting
"Regulator";
(b) by omitting from subsection (2)
"Director" and substituting "Regulator".
156. Section 74 amended (General investigative powers
of authorised officers)
Section 74 of the Principal Act is amended as
follows:
84
Economic Regulator (Consequential Amendments) Act 2009
Act No. of
Part 5 Gas Pipelines Act 2000 Amended s. 157
(a) by omitting from subsection (3)(b)(ii)
"Director of Gas" first occurring and
substituting "Regulator";
(b) by omitting from subsection (5) "relevant
Director" and substituting "Regulator or
Director of Gas Safety".
157. Section 77 amended (Publication of result of
investigation)
Section 77(1) of the Principal Act is amended by
omitting "Director of Gas" first occurring and
substituting "Regulator".
158. Section 78 repealed
Section 78 of the Principal Act is repealed.
159. Section 80 amended (Application for administrative
review)
Section 80 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Director" and substituting "Regulator or
Director of Gas Safety, whichever made
the decision,";
(b) by omitting from subsection (4)
"Director" and substituting "Regulator or
Director of Gas Safety".
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Economic Regulator (Consequential Amendments) Act 2009
Act No. of
s. 160 Part 5 Gas Pipelines Act 2000 Amended
160. Section 81 amended (Stay of operation)
Section 81 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Director" and substituting "Regulator or
Director of Gas Safety";
(b) by omitting from subsection (2)
"Director's opinion," and substituting
"opinion of the Regulator or Director of
Gas Safety,".
161. Section 82 amended (Administrative review by
Regulator or Director of Gas Safety)
Section 82 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Director" and substituting "Regulator or
Director of Gas Safety";
(b) by inserting in subsection (1) "it," after
"as";
(c) by omitting from subsection (2)
"Director" and substituting "Regulator or
Director of Gas Safety";
(d) by inserting in subsection (2)
"Regulator's or" after "of the";
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Economic Regulator (Consequential Amendments) Act 2009
Act No. of
Part 5 Gas Pipelines Act 2000 Amended s. 162
(e) by omitting from subsection (3)
"Director" and substituting "Regulator or
Director of Gas Safety".
162. Section 88 repealed
Section 88 of the Principal Act is repealed.
163. Section 89 substituted
Section 89 of the Principal Act is repealed and
the following section is substituted:
89. Delegation
(1) The Regulator may delegate to any
person the Regulator considers
competent and suitable any of the
Regulator's functions or powers under
this Act other than this power of
delegation.
(2) The Director of Gas Safety may delegate
to any person the Director considers
competent and suitable any of the
Director's functions or powers under this
Act other than this power of delegation.
164. Section 94 amended (Verification of information)
Section 94 of the Principal Act is amended as
follows:
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Economic Regulator (Consequential Amendments) Act 2009
Act No. of
s. 165 Part 5 Gas Pipelines Act 2000 Amended
(a) by omitting from subsection (1)
"Director" first occurring and
substituting "Regulator or Director of
Gas Safety";
(b) by inserting in subsection (1) "Regulator
or" after "if the";
(c) by omitting from subsection (2)
"Director" and substituting "Regulator or
Director of Gas Safety".
165. Section 95 amended (Obligation to preserve
confidentiality)
Section 95 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Director" and substituting "Regulator
and Director of Gas Safety";
(b) by omitting from subsection (3)
"Director" and substituting "Regulator or
Director of Gas Safety".
166. Section 96 amended (Immunity from liability)
Section 96 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Director" and substituting "Regulator,
Director of Gas Safety";
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Economic Regulator (Consequential Amendments) Act 2009
Act No. of
Part 5 Gas Pipelines Act 2000 Amended s. 167
(b) by omitting from subsection (2)
"Director" and substituting "Regulator,
Director of Gas Safety".
167. Section 97 amended (Extension of time limits)
Section 97(1) of the Principal Act is amended by
omitting "Director" and substituting "Regulator
or Director of Gas Safety".
168. Section 98 amended (Confidentiality)
Section 98(1)(e) of the Principal Act is amended
by omitting "Director" and substituting
"Regulator or Director of Gas Safety".
169. Section 99 amended (Regulations)
Section 99(4)(b) of the Principal Act is amended
by omitting "Director of Gas" first occurring and
substituting "Regulator".
170. Section 101 inserted
After section 100 of the Principal Act, the
following section is inserted in Part 7:
101. Transitional provisions on enactment of
Economic Regulator (Consequential
Amendments) Act 2009
(1) In this section
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Economic Regulator (Consequential Amendments) Act 2009
Act No. of
s. 170 Part 5 Gas Pipelines Act 2000 Amended
"Director" means the Director of Gas
as appointed under the Gas Act
2000 as in force immediately
before the transition day;
"former Act" means this Act as in
force immediately before the
transition day;
"transition day" means the day on
which the Economic Regulator
Act 2009 commences.
(2) Except as otherwise provided by this
section or the regulations
(a) a delegation, requirement,
direction, notice, publication of a
document, approval,
authorisation, agreement,
determination, other decision or
other act made, given, done or
omitted to be done by the
Director before the transition day
is taken, if appropriate, to have
been made, given, done or
omitted to be done by the
Regulator; and
(b) a pipeline licence issued by the
Director and in force immediately
before the transition day
continues and is taken to have
been issued by the Regulator, and
anything done or omitted to be
done by the Director in relation to
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Economic Regulator (Consequential Amendments) Act 2009
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Part 5 Gas Pipelines Act 2000 Amended s. 170
that licence is taken to have been
done or omitted by the Regulator;
and
(c) a fee fixed by the Director under
a provision of the former Act that
is in force immediately before the
transition day is taken to have
been fixed by the Regulator under
that provision of this Act; and
(d) a fine imposed by the Director
under section 14 of the former
Act that is in force immediately
before the transition day is taken
to have been imposed by the
Regulator under section 14 of this
Act; and
(e) an application, notice, other
document or information
provided to the Director is taken,
if appropriate, to have been
provided to the Regulator; and
(f) a reference to the Director in a
document referred to in, or
relating to a matter referred to in,
paragraph (a), (b), (c), (d) or (e) is
taken, if appropriate, to be or
include a reference to the
Regulator; and
(g) a document referred to in, or
relating to a matter referred to in,
paragraph (a), (b), (c), (d) or (e)
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s. 170 Part 5 Gas Pipelines Act 2000 Amended
made by the Director and in force
immediately before the transition
day is taken, if appropriate, to
have been made by the Regulator.
(3) On and after the transition day, the
following provisions apply except as
otherwise provided by this section or the
regulations:
(a) a legal or other proceeding that
could have been instituted
immediately before the transition
day by or against the Director
may be instituted by or against
the Regulator;
(b) a legal or other proceeding that is
pending immediately before the
transition day and was instituted
by or against the Director may be
continued by or against the
Regulator;
(c) a document relating to a legal
proceeding referred to in
paragraph (b) served on or by the
Director before the transition day
is taken to have been served on or
by the Regulator;
(d) a judgment or order of a court
obtained by or against the
Director before the transition day
may be enforced by or against the
Regulator;
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Economic Regulator (Consequential Amendments) Act 2009
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(e) a reference to the Director in a
document referred to in, or
relating to a matter referred to in,
paragraph (a), (b), (c) or (d) is
taken to be, or to include, a
reference to the Regulator.
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Economic Regulator (Consequential Amendments) Act 2009
Act No. of
s. 171 Part 6 Water and Sewerage Industry Act 2008 Amended
PART 6 WATER AND SEWERAGE INDUSTRY ACT
2008 AMENDED
171. Principal Act
In this Part, the Water and Sewerage Industry
Act 2008* is referred to as the Principal Act.
172. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended by
omitting "Water and Sewerage Economic" from
the definition of "Regulator".
173. Section 11 amended (The Regulator)
Section 11 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "Water
and Sewerage Economic";
(b) by omitting subsection (2) and
substituting the following subsection:
(2) The Regulator, within the
meaning of the Economic
Regulator Act 2009, is the
Regulator.
*No. 13 of 2008
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174. Section 14 amended (Delegation of Regulator's
functions and powers)
Section 14 of the Principal Act is amended by
omitting "his or her" and substituting "its".
175. Section 15 amended (Matters to which Regulator is
to have regard)
Section 15 of the Principal Act is amended by
omitting "his or her functions and exercising his
or her" and substituting "functions and
exercising".
176. Section 16 amended (Independence of Regulator)
Section 16 of the Principal Act is amended by
omitting "his or her functions and exercising his
or her" and substituting "functions and
exercising".
177. Section 22 amended (Review, amendment and
replacement of codes)
Section 22(1) of the Principal Act is amended by
omitting "his or her" and substituting "its".
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s. 178 Part 6 Water and Sewerage Industry Act 2008 Amended
178. Section 23 amended (Guidelines for conduct of
Regulator)
Section 23(1) of the Principal Act is amended by
omitting "his or her functions or exercises his or
her" and substituting "functions and exercises".
179. Section 25 amended (Staff of Regulator)
Section 25 of the Principal Act is amended by
omitting "his or her functions and exercise his or
her" and substituting "functions and exercise".
180. Section 26 amended (Assistance and facilities)
Section 26 of the Principal Act is amended by
omitting "his or her functions and exercise his or
her" and substituting "functions and exercise".
181. Section 27 amended (Funds)
Section 27 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "his or
her functions and exercising his or her"
and substituting "functions and
exercising";
(b) by omitting from subsection (2) "his or
her functions and the exercise of his or
her" and substituting "functions and the
exercise of".
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Economic Regulator (Consequential Amendments) Act 2009
Act No. of
Part 6 Water and Sewerage Industry Act 2008 Amended s. 182
182. Section 28 substituted
Section 28 of the Principal Act is repealed and
the following section is substituted:
28. Annual report of Regulator
The annual report made by the Regulator,
within the meaning of the Economic
Regulator Act 2009, under that Act is to
include a report on the performance and
exercise of the Regulator's functions and
powers under this Act.
183. Section 39 amended (Annual licence fees)
Section 39(4)(a) of the Principal Act is amended
by omitting "his or her functions and exercising
his or her powers," and substituting "functions
and exercising".
184. Section 71 amended (Auditing)
Section 71(1) of the Principal Act is amended by
omitting "his or her functions or exercise his or
her" and substituting "functions or exercise".
185. Section 80 amended (Grounds for review)
Section 80 of the Principal Act is amended as
follows:
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Economic Regulator (Consequential Amendments) Act 2009
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s. 186 Part 6 Water and Sewerage Industry Act 2008 Amended
(a) by omitting from paragraph (a) "his or
her" and substituting "its";
(b) by omitting from paragraph (b) "his or
her" and substituting "its".
186. Section 101 amended (Confidentiality)
Section 101 of the Principal Act is amended as
follows:
(a) by omitting from subsection (3) "his or
her functions or the exercise of his or
her" and substituting "functions or the
exercise of";
(b) by omitting from subsection (5) "his or
her functions or exercising his or her"
and substituting "functions or
exercising".
98 Government Printer, Tasmania