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 (Amendment) Act 1998
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--GAS INDUSTRY ACT 1994 3
3. Principal Act 3
4. Definition 3
5. Market participant 3
6. Substantial degree of power 3
7. Application of Office of the Regulator-General Act 1994 3
8. New section 16HA inserted 4
16HA. Power of Minister 4
9. Section 16I substituted 5
16I. Protection from liability 5
10. Section 16J substituted 5
16J. Protection of persons executing directions 5
11. Anti-competitive conduct 6
12. Amendment of section 47 7
13. Tariffs and charges Orders 7
14. Customers 7
15. New Part 4A, Division 4, inserted 8
Division 4--General 8
48TA. Information to be provided to VENCorp 8
48TB. Restriction on disclosure of confidential information 9
16. Access Code 10
17. Directions 10
18. New retailers 11
19. New section 62PA inserted 11
62PA. Authorisation 11
20. Application of Act to WUGS Pty Ltd 12
21. Supreme Court--limitation of jurisdiction 13
22. Delegation 14
i
532156B.I1-21/10/98
Clause Page
PART 3--GAS PIPELINES ACCESS (VICTORIA) ACT 1998 15
23. New section inserted 15
24A. Access arrangements 15
PART 4--GAS SAFETY ACT 1998 17
24. Definitions 17
25. Complex and standard gas installations 18
26. Acceptance of gas installation 18
27. New section 79A inserted 19
79A. Interference with gas installation or pipeline 19
28. New section 107A inserted 19
107A. Delegation by Director 19
29. Regulations 19
30. Transitional provision--Director of Gas Safety 19
31. Building Act 1993 20
PART 5--OTHER ACTS 21
32. Office of the Regulator-General Act 1994 21
33. State Electricity Commission Act 1958 21
NOTES 22
ii
532156B.I1-21/10/98
PARLIAMENT OF VICTORIA
A BILL
to amend 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 (Amendment) Act
1998
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The main purposes of this Act are--
(a) to make further amendments to the Gas
5 Industry Act 1994;
1
532156B.I1-21/10/98
Gas Industry Acts (Amendment) Act 1998
s. 2
Act No.
(b) to amend the Gas Pipelines Access
(Victoria) Act 1998 to make transitional
provisions in respect of access arrangements
under the Gas Industry Act 1994 and access
5 arrangements under the National Third Party
Access Code for Natural Gas Pipelines
systems;
(c) to amend the Gas Safety Act 1997 to
improve the operation of that Act.
10 2. Commencement
(1) This Part and sections 8, 17(1) (2) and (4) and 30
come into operation on the day on which this Act
receives the Royal Assent.
(2) Sections 9, 10 and 17(3) are deemed to have come
15 into operation on 10 June 1998.
(3) Section 22 is deemed to have come into operation
on 25 September 1998.
(4) Section 21 is deemed to have come into operation
on 22 October 1998.
20 (5) Section 13(2) comes into operation on a day to be
proclaimed.
(6) The remaining provisions of Part 2, Part 3,
sections 24(1), 26(2) and (3), 27, 28 and 29 and
Part 5 come into operation on 1 December 1998.
25 (7) Subject to sub-section (8), the remaining
provisions of Part 4 come into operation on a day
to be proclaimed.
(8) If a provision referred to in sub-section (7) does
not come into operation before 1 December 1999,
30 it comes into operation on that day.
_______________
2
532156B.I1-21/10/98
Gas Industry Acts (Amendment) Act 1998
s. 3
Act No.
PART 2--GAS INDUSTRY ACT 1994
3. Principal Act
No. 112/1994.
In this Part, the Gas Industry Act 1994 is called
Reprinted as
the Principal Act. at 22 August
1997 and
subsequently
amended by
Nos 55/1997,
91/1997,
99/1997,
31/1998,
40/1998 and
46/1998.
5 4. Definition
In section 3 of the Principal Act, in the definition
of "MSO Rules", after "48N" insert "and, if those
Rules are amended, those Rules as amended and
in force for the time being".
10 5. Market participant
In section 5B of the Principal Act, for "Part 4A"
substitute "this Act".
6. Substantial degree of power
In section 5C(1)(c) of the Principal Act, for "is
15 engaged in" substitute "has more than a 20%
interest in".
7. Application of Office of the Regulator-General Act
1994
3
532156B.I1-21/10/98
Gas Industry Acts (Amendment) Act 1998
s. 8
Act No.
In section 8A(a) of the Principal Act, for "Parts
4A" substitute "this section and Parts 4A".
8. New section 16HA inserted
After section 16H of the Principal Act insert--
5 '16HA. Power of Minister
(1) The Minister, at the request of VENCorp,
may, at any time, make a direction in writing
amending a direction made, or purportedly
made, by VENCorp under this Division (in
10 this section called "the VENCorp direction")
for the purpose of correcting a defect,
mistake or omission in the VENCorp
direction.
(2) If a direction of the Minister under sub-
15 section (1) amending a VENCorp
direction--
(a) includes a statement that the VENCorp
direction is deemed to have been made
as so amended; and
20 (b) is made--
(i) not later than 3 months after the
VENCorp direction was made; or
(ii) in the case of a VENCorp
direction made on or after 11 June
25 1998 and before 30 September
1998, not later than 31 December
1998--
4
532156B.I1-21/10/98
Gas Industry Acts (Amendment) Act 1998
s. 10
Act No.
the VENCorp direction is deemed to have
been made as so amended.'.
9. Section 16I substituted
For section 16I of the Principal Act substitute--
5 "16I. Protection from liability
(1) A person to whom this section applies is not
liable to any action, claim or demand on
account of any damage, loss or injury
sustained or alleged to be sustained because
10 of anything done or omitted to be done in
good faith--
(a) in or in connection with or incidental to
the exercise of a power to give or make
a direction, prohibition or requisition
15 under, or purportedly under, this Act;
(b) in the reasonable belief that the act or
omission was in or in connection with
or incidental to the exercise of such a
power.
20 (2) This section applies to VENCorp and the
directors and servants of VENCorp.".
10. Section 16J substituted
For section 16J of the Principal Act substitute--
"16J. Protection of persons executing directions
25 (1) A person is not liable to any action, claim or
demand on account of any damage, loss or
injury sustained or alleged to be sustained
because of anything done, or omitted to be
done in good faith--
30 (a) in the execution of any direction under,
or purportedly under, this Division; or
5
532156B.I1-21/10/98
Gas Industry Acts (Amendment) Act 1998
s. 11
Act No.
(b) in the reasonable belief that the act or
omission was done in the execution of
such a direction.
(2) A person to whom this sub-section applies is
5 not liable to any action, claim or demand on
account of any damage, loss or injury
sustained or alleged to be sustained because
of anything done, or omitted to be done, in
good faith--
10 (a) in the execution of any direction or
purported direction (whether or not
under this Division) given by VENCorp
to that person or an agent of that person
(whether or not by name) on or after
15 11 June 1998 and before the date on
which the Gas Industry Acts
(Amendment) Act 1998 receives the
Royal Assent; or
(b) in the reasonable belief that the act or
20 omission was done in the execution of
such a direction.
(3) Sub-section (2) applies to GASCOR, gas
retailers and servants or agents of, or persons
acting on behalf of, or performing work or
25 services, whether directly or indirectly, for,
GASCOR or a gas retailer.".
11. Anti-competitive conduct
At the end of section 40 of the Principal Act
insert--
30 "(2) Sub-section (1) does not prevent a significant
producer from engaging in conduct (within
the meaning of section 4(2) of the Trade
Practices Act 1974 of the Commonwealth)
that does not constitute a contravention of
35 section 45, 45B or 47 of that Act by reason
6
532156B.I1-21/10/98
Gas Industry Acts (Amendment) Act 1998
s. 13
Act No.
that an authorisation under that Act is in
force.".
12. Amendment of section 47
In section 47 of the Principal Act--
5 (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
relation to the gas industry are--".
10 13. Tariffs and charges Orders
(1) After section 48A(6) of the Principal Act insert--
"(7) The first Order made under this section has
effect from 11 December 1997.".
(2) After section 48A(7) of the Principal Act insert--
15 "(8) After the commencement of section 13(2) of
the Gas Industry Acts (Amendment) Act
1998--
(a) an Order cannot be made under sub-
section (1); and
20 (b) an Order in force under that sub-section
cannot be amended or revoked by
another Order made under that sub-
section.
(9) Despite sub-section (8), an Order made
25 under sub-section (1) may be amended by
one, and only one, Order made under that
sub-section on the recommendation of the
Treasurer and expressed to be so made as a
consequence of a gas supply emergency.".
30 14. Customers
7
532156B.I1-21/10/98
Gas Industry Acts (Amendment) Act 1998
s. 15
Act No.
(1) In section 48M(1) of the Principal Act, after
"sells" insert "(whether as principal or agent)".
(2) In section 48M(1) and (3) of the Principal Act, for
"non-franchise customers" substitute "customers
5 to whom another gas retailer may, under its
licence, sell gas".
(3) In section 48M(4) of the Principal Act, for "non-
franchise customer" substitute "a customer to
whom another gas retailer may, under its licence,
10 sell gas".
15. New Part 4A, Division 4, inserted
After section 48T of the Principal Act insert--
"Division 4--General
48TA. Information to be provided to VENCorp
15 (1) The Governor in Council, by Order
published in the Government Gazette, may
declare that a person who--
(a) operates a system for the conveyance of
gas that is connected to a gas
20 transmission system; or
(b) operates an underground storage
facility; or
(c) is a gas producer--
must give VENCorp such information, or
25 information of such class of information, as
is specified in the Order.
(2) Sub-section (1) does not apply to a person to
the extent that the person and VENCorp
otherwise agree in writing.
30 (3) A copy of an Order made under sub-section
(1) must be laid before each House of the
8
532156B.I1-21/10/98
Gas Industry Acts (Amendment) Act 1998
s. 15
Act No.
Parliament as soon as practicable after it is
made.
(4) An Order made under sub-section (3) is
subject to disallowance by a House of the
5 Parliament and sections 23, 24 and 25 of the
Subordinate Legislation Act 1994 apply to
such an Order as if the Order were a
statutory rule within the meaning of that Act,
notice of the making of which had been
10 published in the Government Gazette on the
day on which the Order was so published.
(5) If an Order made under sub-section (1) is
disallowed by a House of the Parliament, the
Minister must do all such things as are
15 necessary to give effect to the disallowance.
48TB. Restriction on disclosure of confidential
information
(1) This section applies if information or a
document is given to VENCorp under
20 section 48TA and, at the time it is given, the
person giving it states that it is of a
confidential or commercially-sensitive
nature.
(2) VENCorp must not, without the consent of
25 the person who gave it, disclose the
information or the contents of the document
to any person.
(3) Sub-section (2) does not prevent VENCorp
from disclosing information or the contents
30 of a document to a member of the staff of
VENCorp or to a person engaged by
VENCorp in connection with the carrying
out of its functions.
(4) A member of the staff of VENCorp or a
35 person engaged by VENCorp in connection
9
532156B.I1-21/10/98
Gas Industry Acts (Amendment) Act 1998
s. 16
Act No.
with the carrying out of its functions must
not disclose information or the contents of a
document disclosed to the member or person
by VENCorp to any person (not being
5 another such member or person) without the
consent of the person who gave the
information or document to VENCorp.".
16. Access Code
(1) In section 48U(7)(a) of the Principal Act, for sub-
10 paragraph (ii) substitute--
"(ii) generally or in specified places only;".
(2) In section 48ZK(1) of the Principal Act, after
"under this Part" insert "or the Access Code".
17. Directions
15 (1) In section 62G(3) of the Principal Act, for
paragraph (d) substitute--
"(d) subject to sub-section (5A), takes effect
when made or, if a later time is specified in
the direction, prohibition or requisition, at
20 that later time; and".
(2) In section 62G(4) of the Principal Act, after
"direction" insert "(including a direction under
sub-section (5))".
(3) In section 62G of the Principal Act, for sub-
25 section (5) substitute--
"(5) The Minister may at any time by direction
under this section amend or revoke a
direction, prohibition or requisition.".
(4) After section 62G(5) of the Principal Act insert--
30 "(5A) If a direction of the Minister under sub-
section (5) amending an earlier direction for
10
532156B.I1-21/10/98
Gas Industry Acts (Amendment) Act 1998
s. 18
Act No.
the purpose of correcting a defect, mistake or
omission--
(a) includes a statement that the earlier
direction is deemed to have been made
5 as so amended; and
(b) is made--
(i) not later than 3 months after the
earlier direction was made; or
(ii) in the case of a direction made on
10 or after 11 June 1998 and before
30 September 1998, not later than
31 December 1998--
the earlier direction is deemed to have been
made as so amended.".
15 18. New retailers
In section 62M of the Principal Act, in the
definition of "new retailer", for paragraph (c)
substitute--
"(c) Energy 21 Pty Ltd A.C.N. 079 089 213;
20 (d) Gas Release Co Pty Ltd A.C.N.
079 089 286;".
19. New section 62PA inserted
After section 62P of the Principal Act insert--
'62PA. Authorisation
25 (1) For the purposes of Part IV of the Trade
Practices Act and of the Competition Code,
the following are specifically authorised--
(a) the making of rules under section 48N;
(b) the amendment of the MSO Rules,
30 whether under those Rules, section 48N
or otherwise;
11
532156B.I1-21/10/98
Gas Industry Acts (Amendment) Act 1998
s. 20
Act No.
(c) any thing done, or conduct engaged in,
by VENCorp under or pursuant to, or
by way of enforcement of, the MSO
Rules;
5 (d) any thing done, or conduct engaged in
by a participant or market participant
under or pursuant to the MSO Rules;
(e) the making of, or giving effect to, an
agreement, arrangement or
10 understanding arising out of or
foreshadowed by the MSO Rules and
made between VENCorp and a
participant or market participant,
between participants, between market
15 participants or between participants and
market participants.
(2) This section does not apply to anything done,
or conduct engaged in, on or after 1 January
2003.
20 (3) In this section--
(a) "market participant" and
"participant" have the same meanings
as they have in the MSO Rules;
(b) a reference to engaging in conduct has
25 the same meaning as in section 4(2)(a)
of the Trade Practices Act.'.
20. Application of Act to WUGS Pty Ltd
(1) After section 88A(2) of the Principal Act insert--
'(3) In this section, "public gas company"
30 includes Western Underground Gas Storage
Pty Ltd A.C.N. 079 089 311.'.
(2) After section 100(3) of the Principal Act insert--
12
532156B.I1-21/10/98
Gas Industry Acts (Amendment) Act 1998
s. 21
Act No.
'(4) In this section, "public gas company"
includes Western Underground Gas Storage
Pty Ltd A.C.N. 079 089 311.'.
(3) At the end of section 101A of the Principal Act
5 insert--
'(2) In this section, "public gas company"
includes Western Underground Gas Storage
Pty Ltd A.C.N. 079 089 311.'.
(4) In section 104B(6) of the Principal Act, in the
10 definition of "transferee", after "Part 7" insert "or
Western Underground Gas Storage Pty Ltd
A.C.N. 079 089 311.".
(5) In section 115A(1) of the Principal Act insert--
' "public gas company" includes Western
15 Underground Gas Storage Pty Ltd A.C.N.
079 089 311;'.
(6) At the end of section 115R of the Principal Act
insert--
'(2) In this section, "public gas company"
20 includes Western Underground Gas Storage
Pty Ltd A.C.N. 079 089 311.'.
(7) At the end of section 115S of the Principal Act
insert--
'(2) In this section, "public gas company"
25 includes Western Underground Gas Storage
Pty Ltd A.C.N. 079 089 311.'.
21. Supreme Court--limitation of jurisdiction
(1) At the end of section 101B of the Principal Act
insert--
30 "(2) It is the intention of sections 16I, 16J and
62L to alter or vary section 85 of the
Constitution Act 1975.".
13
532156B.I1-21/10/98
Gas Industry Acts (Amendment) Act 1998
Act No.
(2) It is the intention of sub-section (1) to alter or vary
section 85 of the Constitution Act 1975.
22. Delegation
A delegation made by the Minister under section
5 62I of the Principal Act on 25 September 1998 has
effect as if it referred to the gas supply emergency
throughout Victoria arising from an incident at
Longford which occurred on that date.
_______________
10
14
532156B.I1-21/10/98
Gas Industry Acts (Amendment) Act 1998
s. 23
Act No.
PART 3--GAS PIPELINES ACCESS (VICTORIA) ACT 1998
23. New section inserted
No. 31/1998.
After section 24 of the Gas Pipelines Access
(Victoria) Act 1998 insert--
5 '24A. Access arrangements
(1) An application for acceptance of an access
arrangement made, but not determined,
before the repeal of Part 4B of the Gas
Industry Act 1994 by this Act is deemed to
10 be an application for acceptance of an access
arrangement under the new Access Code and
anything done in connection with the
application under that Part is deemed to have
been done for the purposes of an application
15 under the new Access Code.
(2) An access arrangement in force under
Part 4B of the Gas Industry Act 1994, as so
in force immediately before the repeal of that
Part by this Act, is deemed to be an access
20 arrangement in force under the new Access
Code and, subject to sub-section (3), has
effect accordingly.
(3) Until its first review under section 2 of the
new Access Code, an access arrangement to
25 which sub-section (2) applies continues to be
subject to sections 3 and 8 and to section 9
(so far as it applies to sections 3 and 8) of the
old Access Code and is not subject to the
corresponding provisions of the new Access
30 Code.
(4) In this section--
"new Access Code" means the National
Third Party Access Code for Natural
Gas Pipeline Systems (a copy of which,
15
532156B.I1-21/10/98
Gas Industry Acts (Amendment) Act 1998
s. 23
Act No.
as agreed by the Council of Australian
Governments on 7 November 1997, is
set out in Schedule 2 to the South
Australian Act) or, if that Code is
5 amended in accordance with Schedule
1 to that Act, that Code as so amended
and in force for the time being, as it
applies because of section 7 of this Act
as a law of Victoria;
10 "old Access Code" means the Access Code
under Part 4B of the Gas Industry Act
1994, as in force immediately before
the repeal of that Part by this Act.'.
_______________
15
16
532156B.I1-21/10/98
Gas Industry Acts (Amendment) Act 1998
s. 24
Act No.
PART 4--GAS SAFETY ACT 1998
24. Definitions
No. 99/1997
(1) In section 3 of the Gas Safety Act 1997, in subsequently
paragraph (h) of the definition of "gas company", amended by
5 No. 46/1998.
after "purposes)" insert ", being a person declared
under section 5 to be a gas company for the
purposes of this Act".
(2) In section 3 of the Gas Safety Act 1997, the
definitions of "Type A gas installation" and
10 "Type B gas installation" are repealed.
(3) In section 3 of the Gas Safety Act 1997 insert--
' "complex gas installation" means a gas
installation which is not a standard gas
installation;
15 "standard gas installation" means--
(a) a gas installation--
(i) which contains only Type A
appliances; and
(ii) which is located in residential
20 premises of a prescribed class or
on land associated with such
premises; or
(b) a gas installation--
(i) which contains only Type A
25 appliances; and
(ii) which is located in commercial
premises of a prescribed class or
on land associated with such
premises; and
30 (iii) in which the total gas
consumption of the appliances
17
532156B.I1-21/10/98
Gas Industry Acts (Amendment) Act 1998
s. 25
Act No.
does not exceed the relevant
prescribed amount per hour; and
(iv) in which the length of pipe from
the gas supply point to the furthest
5 appliance does not exceed the
relevant prescribed length;'.
25. Complex and standard gas installations
(1) In sections 52, 55, 56, 57, 58, 60 and 61 of the
Gas Safety Act 1997, for "Type B gas
10 installation" (wherever occurring) substitute
"complex gas installation".
(2) In sections 54, 55, 56, 57, 58, 60, 63 and
118(1)(u) of the Gas Safety Act 1997, for
"Type B gas installations" (wherever occurring)
15 substitute "complex gas installations".
26. Acceptance of gas installation
(1) In section 73 of the Gas Safety Act 1997 for sub-
section (1) substitute--
"(1) A person who carries out work on a complex
20 gas installation or on a standard gas
installation of a prescribed class must apply
to the Office for acceptance of the gas
installation before the gas installation is
commissioned.
25 Penalty: In the case of a natural person,
40 penalty units;
In the case of a body corporate,
200 penalty units.".
(2) In section 73(4)(c) of the Gas Safety Act 1997
30 after "installation" insert "or to any appliance
forming part of the gas installation".
18
532156B.I1-21/10/98
Gas Industry Acts (Amendment) Act 1998
s. 27
30
Act No.
(3) After section 73(8) of the Gas Safety Act 1997
insert--
'(9) In this section "gas installation" includes
part of a gas installation.'.
5 27. New section 79A inserted
After section 79 of the Gas Safety Act 1997
insert--
"79A. Interference with gas installation or
pipeline
10 (1) A person must not wilfully or negligently
break, injure, open or tamper with any gas
installation or pipeline.
Penalty: 100 penalty units.
(2) This section does not apply to any person
15 lawfully carrying out gas work in respect of
the gas installation or pipeline.
(3) This section does not apply to a pipeline
operated by a gas company.".
28. New section 107A inserted
20 After section 107 of the Gas Safety Act 1997
insert--
"107A. Delegation by Director
The Director may, with the consent of the
Minister, by instrument, delegate any
25 function or power of the Director under
section 106 or 107 to an officer or employee
of the Office.".
29. Regulations
In section 118(1)(w) of the Gas Safety Act 1997
30 after "gas company" (where first and thirdly
occurring) insert "or any other person".
30. Transitional provision--Director of Gas Safety
19
532156B.I1-21/10/98
Gas Industry Acts (Amendment) Act 1998
Act No.
At the end of section 123 of the Gas Safety Act
1997 insert--
"(2) The person who held the office of Director
of Gas Safety under the Gas Industry Act
5 1994 immediately before the commencement
of this section continues to hold that office
under this Act on the same terms and
conditions and with the same accrued and
accruing entitlements as applied to the
10 person immediately before that
commencement.".
31. Building Act 1993
In section 221ZG of the Building Act 1993 for
"Type B gas installation" substitute "complex gas
15 installation".
_______________
20
532156B.I1-21/10/98
Gas Industry Acts (Amendment) Act 1998
s. 32
Act No.
PART 5--OTHER ACTS
32. Office of the Regulator-General Act 1994
(1) In section 3(2) of the Office of the Regulator-
General Act 1994, after "sub-section (3)" insert
5 "or (5)".
(2) After section 3(4) of the Office of the Regulator-
General Act 1994 insert--
"(5) Sub-section (2) does not apply to the gas
industry or to the Gas Industry Act 1994,
10 except as provided by section 8A of that Act.
(6) Sub-section (3) does not affect any Order
made under sub-section (2) before the
commencement of section 32 of the Gas
Industry Acts (Amendment) Act 1998.".
15 33. State Electricity Commission Act 1958
Section 85CA of the State Electricity
Commission Act 1958 is repealed.
21
532156B.I1-21/10/98
Gas Industry Acts (Amendment) Act 1998
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
22
532156B.I1-21/10/98
Gas Industry Acts (Amendment) Act 1998
Act No.
23
532156B.I1-21/10/98
[Index] [Search] [Download] [Related Items] [Help]