Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Gas Industry Acts (Further Amendment) Act 1999
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 1
PART 2--GAS INDUSTRY ACT 1994 3
3. Definition 3
4. Distribution and transmission systems 3
5. Interconnect transmission pipeline 5
6. Amendment of section 5B 5
7. Amendment of section 6B 5
8. Amendment of sections 16H and 16K 5
9. New Part 2A inserted 6
PART 2A--INSPECTION 6
Division 1--Appointment of inspectors 6
31A. Inspectors 6
Division 2--Powers of entry--enforcement 7
31B. Powers of entry--enforcement 7
31C. Occupier to be given copy of consent 7
31D. Search warrant 7
31E. Announcement before entry 9
31F. Copy of warrant to be given to occupier 9
Division 3--General 10
31G. Offence to obstruct inspector 10
31H. Police to assist inspectors 10
31I. Impersonation of inspector 10
10. Amendment of section 42 10
11. New section 45MA inserted 11
45MA. Questions of law or procedure 11
12. New sections 45OA, 45OB and 45OC inserted 11
i
532199B.A1-31/5/99
Clause Page
45OA. Decision if members not unanimous 11
45OB. Disclosure of interests 11
45OC. Member of appeal tribunal becomes unavailable 12
13. Access to information 13
14. Amendment of section 50 14
15. Amendment of Gas Supply Emergency Provisions 14
16. New section 62HA inserted 15
62HA. Offence to obstruct a person carrying out a direction 15
17. New sections 62J, 62JA and 62JB substituted 15
62J. Offences 15
62JA. Offences by bodies corporate 16
62JB. Offences by participating or unincorporated associations 17
18. Immunity 18
19. New sections 62LA to 62LE inserted 18
62LA. Powers of entry--enforcement 18
62LB. Occupier to be given copy of consent 18
62LC. Search warrant 18
62LD. Announcement before entry 20
62LE. Copy of warrant to be given to occupier 20
20. New Part 6AA inserted 21
PART 6AA--INFRINGEMENT NOTICES 21
62LF. Definition 21
62LG. Power to serve a notice 22
62LH. Form of notice 22
62LI. Infringement penalties 23
62LJ. Late payment of penalty 23
62LK. Withdrawal of notice 24
62LL. Payment expiates offence 24
62LM. Payment not to have certain consequences 25
62LN. Prosecution after service of infringement notice 25
62LO. Enforcement of infringement penalty 26
21. Amendment of section 62PA 26
22. Amendment of section 79 26
23. Proceedings 27
24. Regulations 27
25. Gas Services Business Pty Ltd 27
26. Supreme Court--limitation of jurisdiction 28
27. Amendment of section 115K 28
28. Amendment of section 115O(4) 28
29. WUGS Pty Ltd no longer public gas company 28
30. Statute law revision 29
PART 3--GAS PIPELINES ACCESS (VICTORIA) ACT 1998 30
ii
532199B.A1-31/5/99
Clause Page
31. Access arrangements 30
PART 4--GAS SAFETY ACT 1997 31
32. Inspectors 31
33. Emergency directions 32
34. Protection from liability 33
35. Supreme Court--limitation of jurisdiction 33
PART 5--AMENDMENT OF OTHER ACTS 34
36. Correction of cross-reference 34
37. Gas Industry (Amendment) Act 1998 34
38. Gas Industry Acts (Amendment) Act 1998 34
39. Magistrates' Court Act 1989 35
NOTES 36
iii
532199B.A1-31/5/99
s. 2
PARLIAMENT OF VICTORIA
Initiated in Assembly 5 May 1999
As amended by Assembly 28 May 1999
A BILL
to make further amendments to the Gas Industry Act 1994, the Gas
Pipelines Access (Victoria) Act 1998, the Gas Safety Act 1997 and
certain other Acts and for other purposes.
Gas Industry Acts (Further
Amendment) Act 1999
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to make further
amendments to the Gas Industry Act 1994, the
5 Gas Pipelines Access (Victoria) Act 1998, the
Gas Safety Act 1997 and certain other Acts.
2. Commencement
1
532199B.A1-31/5/99
Gas Industry Acts (Further Amendment) Act 1999
Act No.
(1) This Act, except sections 9, 14, 21, 34 and 35,
comes into operation on the day on which this Act
receives the Royal Assent.
(2) Section 14 is deemed to have come into operation
5 on 11 December 1997.
(3) Section 21 is deemed to have come into operation
on 2 February 1999.
(4) Subject to sub-section (5), sections 9, 34 and 35
come into operation on a day or days to be
10 proclaimed.
(5) If a provision referred to in sub-section (4) does
not come into operation before 1 July 2000, it
comes into operation on that day.
_______________
15
2
532199B.A1-31/5/99
Gas Industry Acts (Further Amendment) Act 1999
s. 3
Act No.
PART 2--GAS INDUSTRY ACT 1994
3. Definition
In section 3 of the Gas Industry Act 1994
insert--
5 ' "appeal tribunal" means the appeal tribunal
referred to in section 45L;
"inspector", except in Part 2A, means a person
appointed as an inspector under Part 5 of the
Gas Safety Act 1997;'.
10 4. Distribution and transmission systems
(1) In section 3 of the Gas Industry Act 1994, in the
definition of "gas distribution system" after
paragraph (b) insert--
" and
15 (c) any distribution pipeline or system of
distribution pipelines that, under section
5(2A), is an approved adjunct;".
(2) In section 3 of the Gas Industry Act 1994, in the
definition of "gas transmission system", after
20 paragraph (b) insert--
" and
(c) any transmission pipeline or system of
transmission pipelines that, under section
5(3A), is an approved adjunct;".
25 (3) In section 3 of the Gas Industry Act 1994, in the
definition of "market participant" for paragraph
(b) substitute--
"(b) a person nominated under section 5B;".
(4) In section 3 of the Gas Industry Act 1994, in the
30 definition of "MSO Rules", after "made" insert
"on 2 February 1999".
3
532199B.A1-31/5/99
Gas Industry Acts (Further Amendment) Act 1999
s. 4
Act No.
(5) In section 5 of the Gas Industry Act 1994--
(a) in sub-section (2), for "is, or will be,"
substitute "is, or is not, or will be, or will
not be,";
5 (b) in sub-section (3), for "is, or will be,"
substitute "is, or is not, or will be, or will
not be,".
(6) After section 5(2) of the Gas Industry Act 1994
insert--
10 '(2A) VENCorp and a gas distribution company
may agree in writing that a distribution
pipeline or system of distribution pipelines
or any apparatus or works associated with
such a pipeline or system owned or operated,
15 or to be owned or operated, by that company
and used, or to be used, as an adjunct or
enhancement of the system referred to in
paragraph (a) of the definition of "gas
distribution system" in section 3 is, or is not,
20 or will be, or will not be, an approved
adjunct for the purposes of that definition.'.
(7) After section 5(3) of the Gas Industry Act 1994
insert--
'(3A) VENCorp and another gas transmission
25 company may agree in writing that a
transmission pipeline or system of
transmission pipelines or any apparatus or
works associated with such a pipeline or
system owned or operated, or to be owned or
30 operated, by that company and used, or to be
used, as an adjunct or enhancement of the
system referred to in paragraph (a) of the
definition of "gas transmission system" in
section 3 is, or is not, or will be, or will not
35 be, an approved adjunct for the purposes of
that definition.'.
4
532199B.A1-31/5/99
Gas Industry Acts (Further Amendment) Act 1999
s. 5
Act No.
5. Interconnect transmission pipeline
After section 5(4) of the Gas Industry Act 1994
insert--
"(5) The pipeline referred to in the Order in
5 Council made under sub-section (1)(a) on
10 March 1999 and published in the
Government Gazette on 11 March 1999,
pages 632 and 633, is deemed to have been
declared under sub-section (1) on
10 16 December 1998 to be a transmission
pipeline.".
6. Amendment of section 5B
In section 5B of the Gas Industry Act 1994, for
"this Act" substitute "the whole or any part of
15 this Act".
7. Amendment of section 6B
After section 6B(1)(c) of the Gas Industry Act
1994 insert--
"(ca) if the gas is supplied from a supply point
20 from which gas was supplied to Generation
Victoria on 1 January 1999;".
8. Amendment of sections 16H and 16K
(1) In the Gas Industry Act 1994--
(a) in section 16H(9), for "100 penalty units"
25 substitute "10 000 penalty units";
(b) in section 16K(2), for "10 penalty units"
substitute "100 penalty units".
(2) After section 16H(9) of the Gas Industry Act
1994 insert--
5
532199B.A1-31/5/99
Gas Industry Acts (Further Amendment) Act 1999
s. 9
Act No.
"(9A) An offence under sub-section (9) is an
indictable offence.".
9. New Part 2A inserted
After Part 2 of the Gas Industry Act 1994
5 insert--
"PART 2A--INSPECTION
Division 1--Appointment of inspectors
31A. Inspectors
(1) The chief executive officer of VENCorp may
10 appoint an officer or employee of VENCorp
or an agent or contractor of VENCorp to be
an inspector for the purpose of this Part.
(2) The chief executive officer must give an
identity card to each person who is appointed
15 an inspector.
(3) The identity card--
(a) must be signed by the chief executive
officer; and
(b) bear a photograph and the signature of
20 the inspector.
(4) An inspector must, in the course of
performing his or her functions under this
Part, produce his or her identity card to any
person who requests its production.
25 Penalty: 5 penalty units.
(5) The chief executive officer of VENCorp
must not appoint an agent or contractor of
VENCorp to be an inspector unless satisfied
that the agent or contractor--
30 (a) is competent to exercise the functions
of an inspector; and
6
532199B.A1-31/5/99
Gas Industry Acts (Further Amendment) Act 1999
s. 9
Act No.
(b) is of good repute, having regard to
character, honesty and integrity; and
(c) agrees in writing to carry out the
functions of an inspector in accordance
5 with such criteria as are established
from time to time by VENCorp.
Division 2--Powers of entry--enforcement
31B. Powers of entry--enforcement
(1) If an inspector has reasonable grounds for
10 suspecting that there is on any land or
premises a particular thing that may be
evidence of the commission of a
contravention of a direction under section
16H, the inspector may--
15 (a) enter the land or premises; and
(b) search for the thing.
(2) An inspector must not enter land or premises
except--
(a) with the written consent of the occupier
20 of the land or premises; or
(b) under the authority of a search warrant.
31C. Occupier to be given copy of consent
(1) An occupier who consents in writing to entry
of his or her land or premises under section
25 31B must be given a copy of the signed
consent immediately.
(2) If, in any proceeding, a written consent is not
produced to the court, it must be presumed,
until the contrary is proved, that the occupier
30 did not consent to the entry and search.
31D. Search warrant
7
532199B.A1-31/5/99
Gas Industry Acts (Further Amendment) Act 1999
Act No.
(1) An inspector may apply to a magistrate for
the issue of a search warrant in relation to
particular land or premises if the inspector
believes on reasonable grounds that there is,
5 or may be within the next 72 hours, on the
land or premises a particular thing that may
be evidence of a contravention of a direction
under section 16H.
(2) A magistrate may issue a search warrant
10 under this section if the magistrate is
satisfied by evidence on oath, whether oral
or by affidavit, that there are reasonable
grounds for suspecting that there is, or may
be within the next 72 hours, on land or
15 premises a particular thing that may be
evidence of a contravention of a direction
under section 16H.
(3) The search warrant may authorise an
inspector named in the warrant and any
20 assistants the inspector considers
necessary--
(a) to enter the land or premises, or part of
the land or premises, named or
described in the warrant; and
25 (b) to search for the thing named or
described in the warrant.
(4) In addition to any other requirement, a
search warrant issued under this section must
state--
30 (a) the contravention suspected; and
(b) the land or premises to be searched; and
(c) a description of the thing for which the
search is to be made; and
(d) any conditions to which the warrant is
35 subject; and
8
532199B.A1-31/5/99
Gas Industry Acts (Further Amendment) Act 1999
s. 9
Act No.
(e) whether entry is authorised to be made
at any time or during stated hours; and
(f) a day, not later than 7 days after the
issue of the warrant, on which the
5 warrant ceases to have effect.
(5) A search warrant must be issued in
accordance with the Magistrates' Court Act
1989 and in the form prescribed under that
Act.
10 (6) The rules to be observed with respect to
search warrants mentioned in the
Magistrates' Court Act 1989 extend and
apply to warrants under this section.
31E. Announcement before entry
15 (1) Before executing a search warrant, the
inspector named in the warrant or a person
assisting the inspector named in the warrant
must--
(a) announce that he or she is authorised by
20 the warrant to enter the land or
premises; and
(b) give any person at the land or premises
an opportunity to allow entry to the
land or premises.
25 (2) The inspector or a person assisting the
inspector need not comply with sub-section
(1) if he or she believes on reasonable
grounds that immediate entry to the land or
premises is required to ensure--
30 (a) the safety of any person; or
(b) that the effective execution of the
warrant is not frustrated.
31F. Copy of warrant to be given to occupier
9
532199B.A1-31/5/99
Gas Industry Acts (Further Amendment) Act 1999
s. 9
10
Act No.
If the occupier or another person who
apparently represents the occupier is present
at the land or premises when a search
warrant is being executed, the inspector
5 must--
(a) identify himself or herself to that
person by producing his or her identity
card for inspection by that person; and
(b) give to that person a copy of the
10 execution copy of the warrant.
Division 3--General
31G. Offence to obstruct inspector
A person must not without reasonable excuse
obstruct or hinder an inspector exercising
15 functions under this Part.
Penalty: In the case of a natural person,
300 penalty units or 3 years
imprisonment or both.
In the case of a body corporate,
20 1500 penalty units.
31H. Police to assist inspectors
An inspector may request the assistance of a
member of the police force and a member of
the police force may assist an inspector to
25 take any action authorised by this Part.
31I. Impersonation of inspector
A person must not impersonate an inspector.
Penalty: 100 penalty units.".
10. Amendment of section 42
10
532199B.A1-31/5/99
Gas Industry Acts (Further Amendment) Act 1999
s. 12
Act No.
After section 42(5) of the Gas Industry Act 1994
insert--
"(6) Despite anything to the contrary in section
45W, regulations for the purposes of this
5 section may prescribe restrictions on the
disclosure of confidential information that
are in addition to the provisions of section
45W.".
11. New section 45MA inserted
10 After section 45M of the Gas Industry Act 1994
insert--
"45MA. Questions of law or procedure
A question of law or procedure relating to or
arising out of a matter before the appeal
15 tribunal may be decided by the presiding
member.".
12. New sections 45OA, 45OB and 45OC inserted
After section 45O of the Gas Industry Act 1994
insert--
20 "45OA. Decision if members not unanimous
If the members of the appeal tribunal are
divided in opinion as to the decision to be
made on any question--
(a) if there is a majority of the one opinion,
25 the question shall be decided according
to the opinion of the majority; or
(b) in any other case, the question shall be
decided according to the opinion of the
presiding member.
30 45OB. Disclosure of interests
(1) If a person is, or is to be, a member of the
appeal tribunal and the person has or
acquires any interests, pecuniary or
11
532199B.A1-31/5/99
Gas Industry Acts (Further Amendment) Act 1999
s. 12
Act No.
otherwise, that could conflict with the proper
performance of the functions of that person
in relation to an appeal--
(a) the person must disclose the interest to
5 the Minister; and
(b) the person must not take part, or
continue to take part, in the hearing of
the appeal if--
(i) the Minister gives a direction
10 under sub-section (2)(a); or
(ii) if the Minister has caused the
interest of the person to be
disclosed to the parties to the
hearing, all the parties do not
15 consent to the person being a
member of the appeal tribunal.
(2) If the Minister receives a disclosure of an
interest under sub-section (1) or becomes
aware that a person is, or is to be, a member
20 of the appeal tribunal in relation to a hearing
and that the person has in relation to the
hearing such an interest--
(a) if the Minister considers that the person
should not take part, or should not
25 continue to take part, in the hearing, the
Minister must give a direction to the
person accordingly; or
(b) in any other case, the Minister must
cause the interest of the person to be
30 disclosed to the parties to the hearing.
45OC. Member of appeal tribunal becomes
unavailable
(1) This section applies where a hearing before
the appeal tribunal has been commenced or
35 completed by the appeal tribunal but, before
12
532199B.A1-31/5/99
Gas Industry Acts (Further Amendment) Act 1999
s. 13
Act No.
the matter has been determined, one of the
members constituting the tribunal has ceased
to be a member of the tribunal or has ceased
to be available for the purposes of the
5 hearing.
(2) If the Minister is satisfied that sub-section
(1) applies in relation to a hearing, the
Minister may appoint a person from the pool
of persons referred to in section 45L(1) to
10 take the place of the person referred to in
sub-section (1) of this section for the
purposes of the hearing.
(3) If sub-section (1) applies in relation to a
hearing that has been dealt with by the
15 appeal tribunal, the Minister may, instead of
appointing a member under sub-section (2),
direct that the determination of the hearing
be completed by the appeal tribunal
constituted by the remaining members.
20 (4) The appeal tribunal as constituted in
accordance with any of the provisions of this
section for the purposes of a hearing may
have regard to any record of proceedings for
the appeal tribunal as previously
25 constituted.".
13. Access to information
(1) In section 45W(1) of the Gas Industry Act 1994,
after "section 45V" insert "or otherwise in
connection with its prescribed duties".
30 (2) In section 45X of the Gas Industry Act 1994--
(a) in sub-section (1) for "appeal against the
decision in accordance with this section"
substitute "apply to the appeal tribunal for a
13
532199B.A1-31/5/99
Gas Industry Acts (Further Amendment) Act 1999
s. 14
Act No.
review of the decision in accordance with
this section and the Regulations";
(b) in sub-section (2) for "appeal" substitute
"application";
5 (c) in sub-section (3) for "appeal" substitute
"application";
(d) in sub-section (4) for "hearing of an appeal
against a decision" substitute "hearing
before the appeal tribunal";
10 (e) in sub-section (5)--
(i) for "appeal under" substitute
"application under";
(ii) in paragraph (a), for "appeal"
substitute "application";
15 (iii) in paragraph (b), for "appeal panel"
substitute "appeal tribunal".
(3) In section 45X of the Gas Industry Act 1994, for
sub-section (6) substitute--
"(6) Except as otherwise provided in this section,
20 Division 5 and the Regulations apply to an
application under this section.".
14. Amendment of section 50
After section 50(2) of the Gas Industry Act 1994
insert--
25 "(2A) Nothing in sub-section (2) affects the rights
of the parties to an agreement under sub-
section (1).".
15. Amendment of Gas Supply Emergency Provisions
14
532199B.A1-31/5/99
Gas Industry Acts (Further Amendment) Act 1999
s. 17
Act No.
(1) In section 62G(1) of the Gas Industry Act 1994
after "gas" insert "or to regulate the use of the
available supply of gas, having regard to the needs
of the community".
5 (2) In section 62G(2)(a) of the Gas Industry Act
1994, after "direct," insert "authorise conduct in
relation to,".
16. New section 62HA inserted
After section 62H of the Gas Industry Act 1994
10 insert--
"62HA. Offence to obstruct a person carrying out a
direction
A person must not obstruct another person--
(a) exercising a power given to; or
15 (b) complying with an obligation imposed
on--
the other person under a direction,
prohibition or requisition under section 62G
if the person has been shown a copy of the
20 direction, prohibition or requisition.
Penalty: In the case of a natural person,
100 penalty units.
In the case of a body corporate,
1000 penalty units.".
25 17. New sections 62J, 62JA and 62JB substituted
For section 62J of the Gas Industry Act 1994
substitute--
'62J. Offences
(1) A person must not contravene a direction,
30 prohibition or requisition made under section
62G.
15
532199B.A1-31/5/99
Gas Industry Acts (Further Amendment) Act 1999
Act No.
Penalty: In the case of a natural person,
100 penalty units.
In the case of a body corporate,
10 000 penalty units.
5 (2) An offence by a body corporate under sub-
section (1) is an indictable offence.
(3) If an offence is committed by a person by
reason of a failure to comply, within the
period specified in a direction, prohibition or
10 requisition made under section 62G, with the
requirements specified in the direction,
prohibition or requisition, the offence, for the
purposes of sub-section (4) is deemed to
continue so long as any requirement
15 specified in the direction, prohibition or
requisition, remains undone, whether or not
the period has elapsed.
(4) If, under sub-section (3), an offence is
deemed to continue, the person who
20 committed the offence commits an additional
offence on each day during which the
offence is deemed to continue and is liable,
upon conviction for such an additional
offence, to a penalty not exceeding one tenth
25 of the penalty for the first-mentioned
offence.
62JA. Offences by bodies corporate
(1) If a body corporate commits an offence
against this Part, any officer of the body
30 corporate who was in any way, by act or
omission, directly or indirectly knowingly
concerned in or party to the commission of
16
532199B.A1-31/5/99
Gas Industry Acts (Further Amendment) Act 1999
s. 17
Act No.
the offence is also guilty of that offence and
liable to the penalty for it.
(2) An offence under sub-section (1) is an
indictable offence.
5 (3) A person may be proceeded against and
convicted under a provision in accordance
with sub-section (1) whether or not the body
corporate has been proceeded against or
convicted under that provision.
10 (4) If in a proceeding for an offence against this
Part it is necessary to establish the intention
of a body corporate, it is sufficient to show
that a servant or agent of the body corporate
had that intention.
15 (5) In sub-section (1), "officer", in relation to a
body corporate, means--
(a) a director, secretary or executive officer
of the body corporate; or
(b) any person in accordance with whose
20 directions or instructions the directors
of the body corporate are accustomed to
act; or
(c) a person concerned in the management
of the body corporate.
25 62JB. Offences by participating or unincorporated
associations
If this Part provides that a person is guilty of
an offence, that reference to a person must--
(a) in the case of a partnership, be read as a
30 reference to each member of the
partnership; and
(b) in the case of an unincorporated body
or association, be read as a reference to
each member of the committee of
17
532199B.A1-31/5/99
Gas Industry Acts (Further Amendment) Act 1999
s. 18
19
Act No.
management of the body or
association.'.
18. Immunity
In section 62L of the Gas Industry Act 1994,
5 after "person acting" insert "in good faith".
19. New sections 62LA to 62LE inserted
After section 62L of the Gas Industry Act 1994
insert--
"62LA. Powers of entry--enforcement
10 (1) If an inspector has reasonable grounds for
suspecting that there is on any land or
premises a particular thing that may be
evidence of the commission of an offence
against this Part, the inspector may--
15 (a) enter the land or premises; and
(b) search for the thing.
(2) An inspector must not enter land or premises
under this section except--
(a) with the written consent of the occupier
20 of the land or premises; or
(b) under the authority of a search warrant.
62LB. Occupier to be given copy of consent
(1) An occupier who consents in writing to entry
of his or her land or premises under section
25 62LA must be given a copy of the signed
consent immediately.
(2) If, in any proceeding, a written consent is not
produced to the court, it must be presumed,
until the contrary is proved, that the occupier
30 did not consent to the entry and search.
62LC. Search warrant
18
532199B.A1-31/5/99
Gas Industry Acts (Further Amendment) Act 1999
Act No.
(1) An inspector may apply to a magistrate for
the issue of a search warrant in relation to
particular land or premises if the inspector
believes on reasonable grounds that there is,
5 or may be within the next 72 hours, on the
land or premises a particular thing that may
be evidence of the commission of an offence
against this Part.
(2) A magistrate may issue a search warrant
10 under this section if the magistrate is
satisfied by evidence on oath, whether oral
or by affidavit, that there are reasonable
grounds for suspecting that there is, or may
be within the next 72 hours, on land or
15 premises a particular thing that may be
evidence of the commission of an offence
against this Part.
(3) The search warrant may authorise an
inspector named in the warrant and any
20 assistants the inspector considers
necessary--
(a) to enter the land or premises, or part of
the land or premises, named or
described in the warrant; and
25 (b) to search for the thing named or
described in the warrant.
(4) In addition to any other requirement, a
search warrant issued under this section must
state--
30 (a) the offence suspected; and
(b) the land or premises to be searched; and
(c) a description of the thing for which the
search is to be made; and
(d) any conditions to which the warrant is
35 subject; and
19
532199B.A1-31/5/99
Gas Industry Acts (Further Amendment) Act 1999
s. 19
Act No.
(e) whether entry is authorised to be made
at any time or during stated hours; and
(f) a day, not later than 7 days after the
issue of the warrant, on which the
5 warrant ceases to have effect.
(5) A search warrant must be issued in
accordance with the Magistrates' Court Act
1989 and in the form prescribed under that
Act.
10 (6) The rules to be observed with respect to
search warrants mentioned in the
Magistrates' Court Act 1989 extend and
apply to warrants under this section.
62LD. Announcement before entry
15 (1) Before executing a search warrant, the
inspector named in the warrant or a person
assisting the inspector named in the warrant
must--
(a) announce that he or she is authorised by
20 the warrant to enter the land or
premises; and
(b) give any person at the land or premises
an opportunity to allow entry to the
land or premises.
25 (2) The inspector or a person assisting the
inspector need not comply with sub-section
(1) if he or she believes on reasonable
grounds that immediate entry to the land or
premises is required to ensure--
30 (a) the safety of any person; or
(b) that the effective execution of the
warrant is not frustrated.
62LE. Copy of warrant to be given to occupier
20
532199B.A1-31/5/99
Gas Industry Acts (Further Amendment) Act 1999
s. 20
Act No.
If the occupier or another person who
apparently represents the occupier is present
at the land or premises when a search
warrant is being executed, the inspector
5 must--
(a) identify himself or herself to that
person by producing his or her identity
card for inspection by that person; and
(b) give to that person a copy of the
10 execution copy of the warrant.".
20. New Part 6AA inserted
After Part 6A of the Gas Industry Act 1994
insert--
'PART 6AA--INFRINGEMENT NOTICES
15 62LF. Definition
(1) In this Part--
"prescribed offence" means an offence
against section 62J constituted by the
use of gas by a person in contravention
20 of a direction, prohibition or requisition
under section 62G of which the person
is aware and which applies to the
person.
(2) A person is deemed to be aware of a
25 direction, prohibition or requisition if the
Minister has caused--
(a) the direction, prohibition or requisition
to be published in a newspaper
circulating in the area in which the
30 direction, prohibition or requisition
applies; or
(b) details of the direction, prohibition or
requisition to be broadcast by means of
21
532199B.A1-31/5/99
Gas Industry Acts (Further Amendment) Act 1999
s. 20
Act No.
radio or television transmission in the
area in which the direction, prohibition
or requisition applies.
(3) In any proceedings for a prescribed offence,
5 a certificate purporting to be signed by the
Minister to the effect that details of a
direction, prohibition or requisition were
broadcast by means of radio or television
transmission in a particular area on a
10 specified day is prima facie evidence of the
facts set out in the certificate.
(4) In any proceedings for a prescribed offence,
it is sufficient defence for the defendant to
prove that at the time of the commission of
15 the offence, the defendant--
(a) did not know; and
(b) could not reasonably have known--
of the direction, prohibition or requisition.
62LG. Power to serve a notice
20 (1) An inspector may serve an infringement
notice on any person that he or she has
reason to believe has committed a prescribed
offence.
(2) An infringement notice may be served on a
25 person--
(a) by delivering it personally to the
person; or
(b) by sending it by post addressed to the
person's last known place of residence
30 or business.
62LH. Form of notice
An infringement notice must state--
(a) the date of the notice;
22
532199B.A1-31/5/99
Gas Industry Acts (Further Amendment) Act 1999
s. 20
Act No.
(b) that section 62LF creates the offence;
(c) the nature, and a brief description, of
the alleged offence;
(d) the date, time and place of the alleged
5 offence;
(e) the infringement penalty for the alleged
offence;
(f) the manner in which the infringement
penalty may be paid;
10 (g) the time (being not less than 28 days
after the date on which the notice is
served) within which the infringement
penalty must be paid;
(h) that, if the amount of the infringement
15 penalty is paid before the end of the
time specified in the notice, the matter
will not be brought before the
Magistrates' Court unless the notice is
withdrawn within 28 days after the date
20 on which it was served;
(i) that the person is entitled to disregard
the notice and defend any proceedings
in respect of the offences in the
Magistrates' Court;
25 (j) any other prescribed particulars.
62LI. Infringement penalties
The infringement penalty for an offence
against a prescribed offence is $500 in the
case of a natural person and $1000 in the
30 case of a body corporate.
62LJ. Late payment of penalty
23
532199B.A1-31/5/99
Gas Industry Acts (Further Amendment) Act 1999
s. 20
Act No.
An inspector may accept payment of the
infringement penalty even after the
expiration of the time for payment stated in
the infringement notice if--
5 (a) neither a charge has been filed nor a
courtesy letter served under Part 2 of
Schedule 7 to the Magistrates' Court
Act 1989 in respect of the offence to
which the infringement penalty relates;
10 and
(b) the infringement notice has not been
withdrawn.
62LK. Withdrawal of notice
(1) An inspector may withdraw an infringement
15 notice at any time within 28 days after the
date on which the notice was served by
serving a withdrawal notice on the person
served with the infringement notice.
(2) A withdrawal notice may be served on a
20 person--
(a) by delivering it personally to the
person; or
(b) by sending it by post addressed to the
person's last known place of residence
25 or business.
(3) An infringement notice may be withdrawn
even if the infringement penalty has been
paid.
(4) If an infringement notice is withdrawn, the
30 amount of any infringement penalty paid
must be refunded and the Consolidated Fund
is, to the necessary extent, appropriated
accordingly.
62LL. Payment expiates offence
24
532199B.A1-31/5/99
Gas Industry Acts (Further Amendment) Act 1999
Act No.
If an infringement notice is not withdrawn
and the infringement penalty is paid within
the time for payment stated in the notice or is
accepted in accordance with section 62LJ,
5 then--
(a) the person on whom the notice was
served has expiated the offence by that
payment; and
(b) no proceedings may be taken against
10 that person in respect of that offence;
and
(c) no conviction is to be taken to have
been recorded against that person for
that offence.
15 62LM. Payment not to have certain consequences
(1) The payment of an infringement penalty
under this Part is not and must not be taken
to be--
(a) an admission of guilt in relation to the
20 offence; or
(b) an admission of liability for the purpose
of any civil claim or proceeding arising
out of the same occurrence and the
payment does not in any way affect or
25 prejudice any such claim or proceeding.
(2) The payment of an infringement penalty
under this Part must not be referred to in any
report provided to a court for the purpose of
determining sentence for an offence.
30 62LN. Prosecution after service of infringement
notice
A charge may be filed in respect of an
offence to which an infringement notice
relates if--
25
532199B.A1-31/5/99
Gas Industry Acts (Further Amendment) Act 1999
s. 21
22
Act No.
(a) the infringement penalty has not been
paid within the time for payment stated
in the notice or in accordance with
section 62LJ; or
5 (b) the notice is withdrawn.
62LO. Enforcement of infringement penalty
Payment of the infringement penalty may be
enforced in accordance with Part 2 of
Schedule 7 of the Magistrates' Court Act
10 1989 if--
(a) the infringement notice is an
infringement notice within the meaning
of Schedule 7 to that Act; and
(b) the infringement penalty has not been
15 paid within the time stated in the notice
or in accordance with section 62LJ; and
(c) the notice has not been withdrawn; and
(d) a charge has not been filed in
accordance with section 62LN.".
20 21. Amendment of section 62PA
In section 62PA(1) of the Gas Industry Act
1994--
(a) in paragraph (a), after "section 48N" insert
"on 2 February 1999";
25 (b) in paragraph (d), for "under or pursuant to"
substitute "required by".
22. Amendment of section 79
At the end of section 79 of the Gas Industry Act
1994 insert--
30 "(2) Despite sub-section (1), it is not necessary to
produce a certificate of title in the case of a
request for amendment to the Register in
26
532199B.A1-31/5/99
Gas Industry Acts (Further Amendment) Act 1999
Act No.
relation to transferred property that is an
easement registered under the Transfer of
Land Act 1958.".
23. Proceedings
5 In section 96A of the Gas Industry Act 1994,
after "Gas Safety" (wherever occurring) insert "or
VENCorp".
24. Regulations
After section 102(1)(x) of the Gas Industry Act
10 1994 insert--
"(xa) the appointment of a registrar of the appeal
tribunal;"
25. Gas Services Business Pty Ltd
(1) In section 88A of the Gas Industry Act 1994, for
15 sub-section (3) substitute--
'(3) In this section, "public gas company"
includes Gas Services Business Pty Ltd
A.C.N. 079 089 277.'.
(2) In section 101A of the Gas Industry Act 1994,
20 for sub-section (2) substitute--
'(2) In this section, "public gas company"
includes Gas Services Business Pty Ltd
A.C.N. 079 089 277.'.
(3) In section 115A(1) of the Gas Industry Act 1994,
25 for the definition of "public gas company"
substitute--
' "public gas company" includes Gas Services
Business Pty Ltd A.C.N. 079 089 277;'.
(4) In section 115R of the Gas Industry Act 1994,
30 for sub-section (2) substitute--
27
532199B.A1-31/5/99
Gas Industry Acts (Further Amendment) Act 1999
s. 26
28
Act No.
'(2) In this section, "public gas company"
includes Gas Services Business Pty Ltd
A.C.N. 079 089 277.'.
(5) In section 115S of the Gas Industry Act 1994,
5 for sub-section (2) substitute--
'(2) In this section, "public gas company"
includes Gas Services Business Pty Ltd
A.C.N. 079 089 277.'.
26. Supreme Court--limitation of jurisdiction
10 After section 101B(2) of the Gas Industry Act
1994 insert--
"(3) It is the intention of section 62L, as amended
by the Gas Industry Acts (Further
Amendment) Act 1999, to alter or vary
15 section 85 of the Constitution Act 1975.".
27. Amendment of section 115K
At the end of section 115K of the Gas Industry
Act 1994 insert--
"(2) Despite sub-section (1), it is not necessary to
20 produce a certificate of title in the case of a
request for amendment to the Register in
relation to transferred property that is an
easement registered under the Transfer of
Land Act 1958.".
25 28. Amendment of section 115O(4)
In section 115O(4) of the Gas Industry Act 1994
for "Administrator" substitute "chief executive
officer".
29. WUGS Pty Ltd no longer public gas company
30 In the Gas Industry Act 1994--
(a) section 100(4) is repealed;
28
532199B.A1-31/5/99
Gas Industry Acts (Further Amendment) Act 1999
Act No.
(b) in section 104B(6), in the definition of
"transferee", omit "or Western Underground
Gas Storage Pty Ltd A.C.N. 079 089 311".
30. Statute law revision
5 In the Gas Industry Act 1994--
(a) in section 63(1), in the definition of "relevant
date", after "date" insert "means";
(b) in section 91(3), for "officer of" substitute
"officer or";
10 (c) in section 162(7), for "has controlling"
substitute "has a controlling".
_______________
29
532199B.A1-31/5/99
Gas Industry Acts (Further Amendment) Act 1999
s. 31
Act No.
PART 3--GAS PIPELINES ACCESS (VICTORIA) ACT 1998
31. Access arrangements
In section 24A(7) of the Gas Pipelines Access
(Victoria) Act 1998 insert--
5 ' "first review", in relation to an access
arrangement, means the date approved by the
relevant regulator within the meaning of the
new Access Code as the revisions
commencement date for the purposes of the
10 access arrangement;'.
_______________
30
532199B.A1-31/5/99
Gas Industry Acts (Further Amendment) Act 1999
s. 32
Act No.
PART 4--GAS SAFETY ACT 1997
32. Inspectors
(1) In section 86 of the Gas Safety Act 1997, for sub-
section (1) substitute--
5 "(1) The Director may appoint an officer or
employee of the Office or an agent or
contractor of the Office to be an inspector for
the purposes of this Act and the Gas
Industry Act 1994.".
10 (2) In section 86 of the Gas Safety Act 1997--
(a) in sub-section (2), for "officer and
employee" substitute "person";
(b) in sub-section (3)(b), for "officer or
employee" substitute "inspector";
15 (c) in sub-section (4), after "this Act" insert "or
the Gas Industry Act 1994".
(3) In section 86 of the Gas Safety Act 1997, for sub-
section (5) substitute--
"(5) The Director must not appoint an agent or
20 contractor of the Office to be an inspector
unless satisfied that the agent or contractor--
(a) is competent to exercise the functions
of an inspector; and
(b) is of good repute, having regard to
25 character, honesty and integrity; and
(c) agrees in writing to carry out the
functions of an inspector in accordance
with such criteria as are established
from time to time by the Office.".
31
532199B.A1-31/5/99
Gas Industry Acts (Further Amendment) Act 1999
s. 33
Act No.
(4) In section 103 of the Gas Safety Act 1997 after
"this Act" insert "or the Gas Industry Act 1994".
(5) In section 104 of the Gas Safety Act 1997 after
"this Part" insert "or the Gas Industry Act
5 1994".
33. Emergency directions
(1) After section 107(1) of the Gas Safety Act 1997
insert--
"(1A) In addition to the powers under section 106
10 and sub-section (1), the Director may in a
gas emergency situation give any directions
the Director considers necessary--
(a) to regulate the use of the available
supply of gas having regard to the
15 needs of the community; or
(b) to facilitate the reliability of the supply
of gas; or
(c) to facilitate the security of the systems
for the transmission or distribution of
20 gas.".
(2) In the penalty at the foot of section 107(2) of the
Gas Safety Act 1997, for "2500" substitute
"10 000".
(3) After section 107(2) of the Gas Safety Act 1997
25 insert--
"(3) An offence under sub-section (2) is an
indictable offence.
(4) The Office must include in its annual report
for a financial year under Part 7 of the
30 Financial Management Act 1994, a
statement setting out details of each direction
given by the Director under this section
during that financial year.".
32
532199B.A1-31/5/99
Gas Industry Acts (Further Amendment) Act 1999
s. 34
Act No.
34. Protection from liability
(1) In section 109 of the Gas Safety Act 1997--
(a) for "The Director" substitute "A person to
whom this section applies";
5 (b) omit "106 or".
(2) At the end of section 109 of the Gas Safety Act
1997 insert--
"(2) This section applies to the Director, the
Office and the servants of the Office.".
10 (3) In section 109A of the Gas Safety Act 1997, in
paragraph (a) omit "106 or".
35. Supreme Court--limitation of jurisdiction
At the end of section 117A of the Gas Safety Act
1997 insert--
15 "(2) It is the intention of section 109, as amended
by the Gas Industry Acts (Further
Amendment) Act 1999, to alter or vary
section 85 of the Constitution Act 1975.".
_______________
20
33
532199B.A1-31/5/99
Gas Industry Acts (Further Amendment) Act 1999
s. 36
Act No.
PART 5--AMENDMENT OF OTHER ACTS
36. Correction of cross-reference
In section 3(6) of the Office of the Regulator-
General Act 1994, for "Sub-section (3)"
5 substitute "Sub-section (5)".
37. Gas Industry (Amendment) Act 1998
(1) After section 2(3) of the Gas Industry
(Amendment) Act 1998 insert--
"(3A) Sections 7, 9 and 13 come into operation on
10 a day or days to be proclaimed.".
(2) In section 2(4) of the Gas Industry
(Amendment) Act 1998, omit "7, 9, 13,".
(3) In section 13 of the Gas Industry (Amendment)
Act 1998, in section 47 as proposed to be inserted
15 in the Gas Industry Act 1994--
(a) sub-sections (1) and (2) are repealed;
(b) for "(3) The functions are--" substitute
"Without limiting any other functions of
VENCorp, the functions of VENCorp in
20 relation to the gas industry are--".
38. Gas Industry Acts (Amendment) Act 1998
(1) After section 2(6) of the Gas Industry Acts
(Amendment) Act 1998 insert--
"(6A) Sections 31 and 32 come into operation on a
25 day to be proclaimed.".
(2) Section 12 of the Gas Industry Acts
(Amendment) Act 1998 is repealed.
34
532199B.A1-31/5/99
Gas Industry Acts (Further Amendment) Act 1999
s. 39
Act No.
39. Magistrates' Court Act 1989
In Schedule 4 of the Magistrates' Court Act
1989, before item 57 insert--
"56. Gas Industry Act 1994
5 Offences under section 16H(9) or 62JA(1) of
the Gas Industry Act 1994 and offences by
a body corporate under section 62J(1) of that
Act.
56F. Gas Safety Act 1997
10 Offences under section 107 of the Gas
Safety Act 1997.".
35
532199B.A1-31/5/99
Gas Industry Acts (Further Amendment) Act 1999
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
36
532199B.A1-31/5/99
Gas Industry Acts (Further Amendment) Act 1999
Act No.
37
532199B.A1-31/5/99
[Index] [Search] [Download] [Related Items] [Help]