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PARLIAMENT OF VICTORIA
Gas Industry (Amendment) Act 1997
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. Definitions 3
5. Amendment of section 30 4
6. Domestic tariff 4
7. New sections 1717H substituted 4
17. Appointment of Administrators 4
17A. Vacancy etc. in office of Administrator 5
17B. Deputy Administrator 5
17C. Resignation and removal 6
17D. Functions and powers of Deputy 6
17E. Staff of Administrator 7
17F. Functions and powers of Administrator 7
17G. Delegation 7
17H. Directions 8
8. Repeal of sections 21 to 25 8
9. New section 51A inserted 9
51A. Power to acquire easements 9
10. Amendment of section 53 9
11. Amendment of section 57 10
12. New Part 6B inserted 10
PART 6B--COMPETITION POLICY AUTHORISATION 10
62M. Definitions 10
62N. Assignment 16
62O. Approval 19
62P. Application 19
13. Definitions 21
14. New sections 87B87F inserted 22
87B. Closure of Gas and Fuel Superannuation Fund 22
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Clause Page
87C. Provisions relating to transfer of members and
beneficiaries 22
87D. Transfer of assets 22
87E. General provisions 23
87F. Payment of benefits 24
15. Regulations 25
16. New Part 14 inserted 25
PART 14--GAS SAFETY 25
Division 1--Office of Gas Safety 25
116. Establishment 25
117. Objectives of the Office 26
118. Functions 26
119. Powers 27
120. Committees 27
121. Delegation 28
122. Office consists of Director of Gas Safety 28
123. Appointment of Director of Gas Safety 28
124. Terms and conditions of appointment 29
125. Vacancies, resignations and removal from office 29
126. Acting appointments 29
127. Validity of decisions 30
128. Disclosure of interests 30
129. Corporate plan 31
130. Statement of corporate intent: contents 33
131. Office to act in accordance with corporate plan 33
132. Nothing void merely because of non-compliance 34
133. Protection from liability 34
134. Appointment of persons to assist Office 34
135. Improper use of information 34
136. Costs of Office 35
Division 2--Gas safety 35
137. General duties of gas company 35
138. Safety plans 36
139. Mandatory reporting of gas incidents 37
Division 3--Inspection and enforcement 37
140. Inspectors 37
141. Powers of entry 38
142. Emergency access 39
143. Powers on entry 39
144. Return of things seized 40
145. Magistrates' Court may extend period 41
146. Power of inspector to require information or documents 41
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Clause Page
147. Copying of documents 42
148. Protection against self-incrimination 43
149. Director of Gas Safety may give directions 43
17. Repeal of Schedule 1 44
PART 3--OTHER ACTS 45
18. State Electricity Commission Act 1958 45
19. Repeal of Energy Consumption Levy Act 1982 45
20. Consequential amendments 45
21. Country Fire Authority Act 1958 46
NOTES 47
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531156B.I1-22/4/97
PARLIAMENT OF VICTORIA
A BILL
to amend the Gas Industry Act 1994 and the State Electricity
Commission Act 1958, to repeal the Energy Consumption Levy Act
1982 and for other purposes.
Gas Industry (Amendment) Act 1997
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to make provision for
the further restructure and reform of the gas
5 industry.
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s. 2
Act No.
2. Commencement
(1) This Part comes into operation on the day on
which this Act receives the Royal Assent.
(2) The remaining provisions of this Act come into
5 operation on a day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 July 1998, it
comes into operation on that day.
_______________
10
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Gas Industry (Amendment) Act 1997
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
Reprint No. 1
the Principal Act. as at 29
August 1996.
5 4. Definitions
(1) In section 3 of the Principal Act, for the definition
of "board" substitute--
' "board", in relation to GASCOR or GTC,
means the Administrator appointed under
10 section 17;'.
(2) In section 3 of the Principal Act, the definition of
"director" is repealed;
(3) In section 3 of the Principal Act insert--
' "chief executive officer", in relation to a gas
15 company, means the Administrator of the gas
company;
"gas incident" means any incident or event
relating to the transmission, distribution,
transportation, supply or use of gas which
20 causes or has the potential to cause--
(a) the death of or injury to a person; or
(b) significant damage to property; or
(c) a fire;
"inspector" means a person appointed as an
25 inspector under Part 14;
"Office" means the Office of Gas Safety
established under Part 14;'.
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5. Amendment of section 30
In section 30 of the Principal Act, omit "of
directors".
6. Domestic tariff
5 (1) In section 3 of the Principal Act, in the definition
of "domestic tariff", after "section 32" insert
"(3A)".
(2) After section 32(3) of the Principal Act, insert--
"(3A) A gas company may, from time to time, by
10 notice published in the Government Gazette,
give notice specifying a tariff as a domestic
tariff and specifying the terms and conditions
on which the gas company distributes or
supplies gas to or transmits gas for
15 customers at that tariff.".
7. New sections 1717H substituted
For section 17 of the Principal Act substitute--
"17. Appointment of Administrators
(1) There shall be--
20 (a) an Administrator for the restructuring
of GTC; and
(b) an Administrator for the restructuring
of GASCOR.
(2) An Administrator shall be appointed by the
25 Treasurer after consultation with the
Minister.
(3) The term of office of an Administrator is the
term, not exceeding 2 years, specified in the
instrument of appointment, and the
30 Administrator is eligible for re-appointment.
(4) Subject to this section, the terms and
conditions of appointment of an
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Administrator shall be set by the Treasurer
after consultation with the Minister.
(5) An Administrator is not subject to the Public
Sector Management Act 1992 by reason
5 only of the appointment as Administrator.
17A. Vacancy etc. in office of Administrator
(1) The office of an Administrator becomes
vacant if the Administrator--
(a) becomes bankrupt, applies to take the
10 benefit of any law for the relief of
bankrupt or insolvent debtors,
compounds with his or her creditors or
makes an assignment of his or her
remuneration for their benefit; or
15 (b) is convicted of an indictable offence or
of an offence that, if committed in
Victoria, would be an indictable
offence.
(2) An Administrator may resign by writing
20 delivered to the Minister.
(3) The Treasurer, after consultation with the
Minister, may remove an Administrator from
office.
17B. Deputy Administrator
25 (1) There shall be--
(a) a Deputy Administrator for GTC; and
(b) a Deputy Administrator for
GASCOR--
appointed by the Treasurer after consultation
30 with the Minister.
(2) The term of office of a Deputy Administrator
is the term, not exceeding 2 years, specified
in the instrument of appointment, and the
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Deputy Administrator is eligible for re-
appointment.
(3) Subject to this section, the terms and
conditions of appointment of a Deputy
5 Administrator shall be set by the Treasurer
after consultation with the Minister.
(4) A Deputy Administrator is not subject to the
Public Sector Management Act 1992 by
reason only of appointment as Deputy
10 Administrator.
17C. Resignation and removal
(1) A Deputy Administrator may resign by
writing delivered to the Minister.
(2) The Treasurer, after consultation with the
15 Minister, may remove a Deputy
Administrator from office.
17D. Functions and powers of Deputy
(1) A Deputy Administrator for GTC or
GASCOR shall act as Administrator for
20 GTC or GASCOR, as the case requires--
(a) during a vacancy in the office of
Administrator; and
(b) during any period when the
Administrator is absent or, for any
25 other reason, unable to perform the
functions of Administrator--
but must not continue so to act for more than
6 months.
(2) A Deputy Administrator--
30 (a) when acting as Administrator, has and
may exercise all the powers of the
Administrator under this or any other
Act;
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(b) at any other time, has such powers of
the Administrator under this or any
other Act as are specified in the
instrument of appointment or as are
5 delegated to the Deputy Administrator
by the Administrator under section
17G.
17E. Staff of Administrator
An Administrator may appoint or engage
10 such employees or other persons as are
necessary for the performance of the
Administrator's functions, on such terms and
conditions of appointment or employment as
are determined by the Administrator.
15 17F. Functions and powers of Administrator
An Administrator of GTC or GASCOR--
(a) is responsible for the management of
the affairs of GTC or GASCOR, as the
case requires; and
20 (b) may exercise the powers of GTC or
GASCOR, as the case requires; and
(c) has any other functions and powers
conferred on the Administrator under
this or any other Act.
25 17G. Delegation
An Administrator may, in writing, delegate
to a person approved by the Minister any
function or power of the Administrator under
this or any other Act, other than this power
30 of delegation.
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17H. Directions
(1) The Treasurer and the Minister, acting
jointly, may from time to time, by written
notice to an Administrator, give such
5 directions to the Administrator as the
Treasurer or Minister think fit.
(2) An Administrator must comply with a
direction given under this section but an act
or decision of the Administrator is not
10 invalid merely because of a failure to comply
with such a direction.
(3) An Administrator must keep a copy of each
direction given under this section available
for inspection at the office of the
15 Administrator during business hours, other
than any direction, or part of a direction, that
the Treasurer and the Minister have declared
to be confidential.
(4) An Administrator must include in the annual
20 report of GTC or GASCOR, as the case
requires, under Part 7 of the Financial
Management Act 1994 a brief summary, in
a form approved by the Treasurer, of each
direction given to the Administrator under
25 this section, together with a statement of the
Administrator's response to the direction.
(5) A notice containing a direction given under
this section is an exempt document for the
purposes of the Freedom of Information
30 Act 1982.".
8. Repeal of sections 21 to 25
Sections 21, 22, 23, 24 and 25 of the Principal Act
are repealed.
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9. New section 51A inserted
After section 51 of the Principal Act insert--
'51A. Power to acquire easements
(1) A person to which this section applies may
5 recommend to the Minister the compulsory
acquisition of an easement required by the
person for or in connection with the
construction or operation of a transmission
pipeline or a distribution pipeline.
10 (2) The Land Acquisition and Compensation
Act 1986 applies to this section and for that
purpose--
(a) this Act is the special Act;
(b) the Minister administering this Act is
15 the Authority.
(3) Despite anything to the contrary in the Land
Acquisition and Compensation Act 1986,
section 109(2) of that Act does not apply to
land acquired in accordance with this section
20 by the Minister administering this Act.
(4) In this section--
"easement" includes right, charge, power or
privilege in, under, over affecting or in
connection with land;
25 "person to which this section applies"
means a person authorised under
section 40 to convey gas through
transmission pipelines or distribution
pipelines.'.
30 10. Amendment of section 53
(1) In section 53 of the Principal Act--
(a) omit "by its officers and employees,";
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(b) in sub-section (1B), omit "by its officers or
employees";
(c) in sub-section (1C), omit "an officer or
employee of";
5 (d) in sub-section (1C)(c) for "condition in
which the officer or employee found it"
substitute "same condition as it was in
before the exercise of the powers".
(2) After section 53(3) of the Principal Act insert--
10 "(4) A gas company may exercise its powers
under this section by its officers or
employees or by any other person authorised
in writing by it or by the officers or
employees of any such person."
15 11. Amendment of section 57
In section 57 of the Principal Act--
(a) for "any director," substitute "the board or
an";
(b) for "any such director," substitute "the
20 board,".
12. New Part 6B inserted
After Part 6A of the Principal Act, insert--
'PART 6B--COMPETITION POLICY
AUTHORISATION
25 62M. Definitions
In this Part--
"BHP" means BHP Petroleum (Bass Strait)
Pty Ltd or a body corporate related to
it;
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"Competition Code" has the same meaning
as in the Competition Policy Reform
(Victoria) Act 1995;
"Esso" means Esso Australia Resources Ltd.
5 or a body corporate related to it;
"gas supply contract" means--
(a) a contract for the supply of gas
made between BHP and Esso as
sellers and GASCOR as buyer
10 dated 20 November 1996; and
(b) each and any variation to the
contract described in paragraph
(a) in accordance with the
principles of the unwritten law
15 and, in the case of any variation to
a specified exclusionary
provision, a specified price
provision, a specified terms
provision, a specified acquisition
20 exclusivity provision, a specified
supply exclusivity provision or a
specified volume provision, as
approved by the Minister; and
(c) a contract or arrangement made or
25 understanding arrived at
between--
(i) BHP, Esso and GASCOR; or
(ii) GASCOR and either BHP or
Esso--
30 for the purpose of giving effect to,
or incidental to, an obligation or
right of one or more of the parties
under the contract referred to in
paragraph (a) or any variation to
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that contract under and in
accordance with paragraph (b);
"specified acquisition exclusivity
provision", in relation to a gas supply
5 contract, means a provision that
comprises or includes a condition,
whether direct or indirect and whether
having legal or equitable force or not,
that GASCOR will not, or will not
10 except to a limited extent, acquire gas
directly or indirectly from a person who
is or is likely to be or would be but for
that provision, a competitor of BHP or
a competitor of Esso or a competitor of
15 a body corporate related to either of
them;
"specified exclusionary provision", in
relation to a gas supply contract, means
a provision that--
20 (a) has the purpose of preventing,
restricting or limiting the
acquisition of gas by GASCOR
from particular persons or classes
of persons or from particular
25 persons or classes of persons in
particular circumstances or on
particular conditions; or
(b) has the purpose of preventing,
restricting or limiting the supply
30 of gas by Esso or BHP severally
to GASCOR or to GASCOR in
particular circumstances or on
particular conditions; or
(c) has the purpose of preventing,
35 restricting or limiting the supply
of gas--
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(i) by Esso and BHP jointly or
by either or each of them
severally to particular
persons or classes of persons
5 (other than GASCOR) or to
particular persons or classes
of persons (other than
GASCOR) in particular
circumstances or on
10 particular conditions; or
(ii) by GASCOR to particular
persons, or particular persons
or classes of persons in
particular circumstances or
15 on particular conditions;
"specified price provision" in relation to a
gas supply contract, means a provision
that has the purpose, or has or is likely
to have the effect, of fixing, controlling
20 or maintaining or providing for the
fixing, controlling or maintaining of the
price for gas to be supplied by Esso and
BHP jointly or either of them severally
to GASCOR;
25 "specified supply exclusivity provision",
in relation to a gas supply contract,
means a provision that comprises or
includes a condition, whether direct or
indirect and whether having legal or
30 equitable force or not, that Esso and
BHP jointly or either or each of them
severally or GASCOR will not supply
gas to any person or will not, or will
not except to a limited extent, supply
35 gas to particular persons or classes of
persons or to persons other than
particular persons or classes of persons
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or in particular places
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or classes of places or in places other
than particular places or classes of
places;
"specified terms provision", in relation to a
5 gas supply contract, means a provision
that provides for the supply of gas by
Esso and BHP jointly or either of them
severally to GASCOR upon identical or
like or similar terms and conditions that
10 has the purpose, or would have or
would be likely to have the effect, of
substantially lessening competition
within the meaning of section 45 of the
Trade Practices Act and the
15 Competition Code;
"specified volume provision", in relation to
a gas supply contract, means a
provision, not being a specified
acquisition exclusivity provision or a
20 specified supply exclusivity provision,
that provides for during or in respect of
any particular period or series of
particular periods--
(a) the acquisition by GASCOR from
25 Esso and BHP jointly or from
either or each of them severally of
a volume of gas that is specified,
identifiable or capable of
calculation; or
30 (b) the supply to GASCOR by Esso
and BHP jointly or by either or
each of them severally of a
volume of gas that is specified,
identifiable or capable of
35 calculation; or
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(c) the payment by GASCOR to Esso
and BHP jointly or to either or
each of them severally of any
amount of money for the reason
5 that GASCOR has not acquired or
has not agreed to acquire from
Esso and BHP jointly or from
either or each of them severally
(as the case may be) a volume of
10 gas that is specified, identifiable
or capable of calculation--
and that has the purpose, or has or is
likely to have the effect, of
substantially lessening competition
15 within the meaning of section 45 of the
Trade Practices Act and the
Competition Code.
"Trade Practices Act" means the Trade
Practices Act 1974 of the
20 Commonwealth.
62N. Assignment
(1) If GASCOR, Esso or BHP assigns the whole
or any part or any combination of parts (not
comprising the whole) of its rights under a
25 gas supply contract to a person or to persons,
a reference to GASCOR, Esso or BHP (as
the case requires) in this Part (except the
definitions in this Part of "BHP", "Esso" or
"GASCOR" and this section) shall be
30 construed from the time of that assignment to
be--
(a) in the case where GASCOR, Esso or
BHP assigns the whole of its rights
under a gas supply contract, a reference
35 to that person or to those persons and to
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a body corporate related to that person
or to any of those persons; and
(b) in the case where GASCOR, Esso or
BHP assigns a part or combination of
5 parts (not comprising the whole) of its
rights under a gas supply contract--
(i) in respect of the part or
combination of parts assigned, a
reference to that person or to those
10 persons and to a body corporate
related to that person or to any of
those persons; and
(ii) in respect of the rights retained, a
reference to GASCOR, Esso or
15 BHP (as the case requires).
(2) Sub-section (1) applies to each and any
assignment by a person or persons of the
whole or any part or combination of parts
(not comprising the whole) of the rights held
20 originally by GASCOR, Esso or BHP under
a gas supply contract and held at that time by
that person or those persons and in respect of
which there has been a previous application
of sub-section (1).
25 (3) For the purpose of this section--
(a) a reference to assignment and other
grammatical forms of that word shall be
read as a reference to assignment,
conveyance, grant, transfer or novation
30 and for the other corresponding
grammatical forms of each of those
words; and
(b) a reference to rights under a gas supply
contract shall be read as a reference to
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rights, benefits, privileges or facilities
under a gas supply contract.
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62O. Approval
For the purposes of Part IV of the Trade
Practices Act and of the Competition Code
any thing done or other conduct engaged in
5 by any, all or some of GASCOR, BHP and
Esso that is specified in section 62P as a
thing or other conduct engaged in to which
this section applies, is specifically authorised
to be done during the period ending on 31
10 December 2010.
62P. Application
Section 62O applies to the following
things--
(a) attempting to make or making a gas
15 supply contract which contains a
specified exclusionary provision;
(b) attempting to give or giving effect to a
specified exclusionary provision of a
gas supply contract;
20 (c) attempting to make or making a gas
supply contract which contains a
specified terms provision;
(d) attempting to give or giving effect to a
specified terms provision of a gas
25 supply contract;
(e) attempting to make or making a gas
supply contract which contains a
specified price provision;
(f) attempting to give or giving effect to a
30 specified price provision of a gas
supply contract;
(g) attempting to make or making a gas
supply contract which contains a
specified volume provision;
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(h) attempting to give or giving effect to a
specified volume provision of a gas
supply contract;
(i) attempting to supply or attempting to
5 offer to supply or supplying or offering
to supply gas to GASCOR pursuant to a
gas supply contract which contains a
specified acquisition exclusivity
provision where the engaging by Esso
10 and BHP or either or each of them in
that conduct has the purpose, or has or
is likely to have the effect, of
substantially lessening competition
within the meaning of section 47 of the
15 Trade Practices Act and the
Competition Code;
(j) attempting to acquire or attempting to
offer to acquire or acquiring or offering
to acquire gas from Esso and BHP
20 jointly or from either or each of them
severally pursuant to a gas supply
contract which contains a specified
supply exclusivity provision where the
engaging by GASCOR in that conduct
25 has the purpose, or has or is likely to
have the effect, of substantially
lessening competition within the
meaning of section 47 of the Trade
Practices Act and the Competition
30 Code;
(k) attempting to make or making a gas
supply contract which contains a
provision that gas is to be supplied
jointly by Esso and BHP to GASCOR;
35
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(l) attempting to give or giving effect to a
provision of a gas supply contract that
gas is to be supplied jointly by Esso
and BHP to GASCOR.'.
5 13. Definitions
In section 84 of the Principal Act insert the
following definitions--
' "approved superannuation fund" means a
superannuation entity or a superannuation
10 fund within the meaning of section 10 of the
Commonwealth Superannuation Industry
(Supervision) Act 1993 which is--
(a) a complying superannuation fund or a
complying approved deposit fund
15 within the meaning of Part IX of the
Commonwealth Income Tax
Assessment Act 1936; and
(b) approved by the Minister by notice
published in the Government Gazette as
20 the successor fund to the Gas and Fuel
Superannuation Fund;
"dissolution date" means the date fixed by the
Minister by notice published in the
Government Gazette as the dissolution date;
25 "transferred beneficiary" means a beneficiary in
the Gas and Fuel Superannuation Fund who
first became entitled to a pension or other
benefit payable, or that would have been
payable but for any requirements relating to
30 deferment or preservation, on or before the
dissolution date but not paid as at the
dissolution date or who becomes entitled
after the dissolution date due to the death of
the first beneficiary after the dissolution
35 date;
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"transferred member" means an employee of
GASCOR or GTC who is a member of the
Gas and Fuel Superannuation Fund at the
dissolution date.'.
5 14. New sections 87B87F inserted
After section 87A of the Principal Act insert--
"87B. Closure of Gas and Fuel Superannuation
Fund
(1) A person cannot become a member of the
10 Gas and Fuel Superannuation Fund on or
after the dissolution date.
(2) New contributions cannot be paid into the
Gas and Fuel Superannuation Fund on or
after the dissolution date.
15 87C. Provisions relating to transfer of members
and beneficiaries
(1) On the dissolution date a person who is a
member or beneficiary of the Gas and Fuel
Superannuation Fund is transferred to the
20 approved superannuation fund.
(2) The consent of a member or beneficiary to
his or her transfer under this section is not
required.
87D. Transfer of assets
25 (1) The trustee of the Gas and Fuel
Superannuation Fund must transfer the assets
of the Gas and Fuel Superannuation Fund,
other than any assets required to meet the
expenses of winding up the Gas and Fuel
30 Superannuation Fund and any other
liabilities incurred by the trustee for which
the trustee is liable as a result of the
dissolution, to the
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approved superannuation fund in the manner
and form and by the date specified in
directions given under section 87E.
(2) As soon as the assets have been transferred,
5 the assets form part of the approved
superannuation fund.
(3) The trustee of the Gas and Fuel
Superannuation Fund is released from any
liability in respect of the entitlements of
10 transferred members and beneficiaries as
soon as the assets have been transferred.
(4) No stamp duty or other tax is payable under
any Act in respect of anything done under
this section.
15 (5) The Gas and Fuel Superannuation Fund is
dissolved on the dissolution date.
87E. General provisions
(1) GASCOR may by instrument in writing give
such directions to the trustees of the Gas and
20 Fuel Superannuation Fund as GASCOR
considers necessary in relation to the
dissolution of the Gas and Fuel
Superannuation Fund.
(2) Notwithstanding anything to the contrary in
25 the trust deed of the Gas and Fuel
Superannuation Fund, the trustee must
comply with any directions under sub-
section (1).
(3) The trust deed of the Gas and Fuel
30 Superannuation Fund is to be read and
construed as if the provisions of section 87B
to 87E formed part of the trust deed and if a
provision of section 87B to 87E is
inconsistent with a provision of the trust
35 deed, the provision of this Act prevails.
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87F. Payment of benefits
(1) The approved superannuation fund must be
one in which the assets transferred under
section 87D are applied to secure the
5 provision of benefits in the following order.
(2) First, in the payment of--
(a) pensions to transferred beneficiaries;
(b) other benefits payable from the Gas and
Fuel Superannuation Fund but not paid
10 as at the dissolution date;
(c) any benefits that would have been paid
or become payable from the Gas and
Fuel Superannuation Fund as at the
dissolution date but for any
15 requirements relating to deferment or
preservation.
(3) Secondly, in respect of each transferred
member, in the payment of a benefit equal to
the benefit which would have been payable
20 to the member had he or she voluntarily
ceased employment in good health on the
dissolution date.
(4) Thirdly, in the payment of any other benefits
that become payable on or after the
25 dissolution date to, or in respect of--
(a) transferred members;
(b) employees of GASCOR or GTC or of a
successor of GASCOR or GTC who
became members of the approved
30 superannuation fund after the
dissolution date.".
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15. Regulations
(1) In section 102(1) of the Principal Act in
paragraphs (d) and (e) after "gas fitting work"
insert "or any work on any pipeline, installation,
5 facility or service relating to the transmission,
distribution, supply or use of gas".
(2) After section 102(1)(f) of the Principal Act
insert--
"(fa) the safe conveyance, distribution and
10 transportation of gas whether through
transmission pipelines, distribution pipelines
or otherwise;
(fb) the safe storage and use of gas;
(fc) the safety of gas appliances which are
15 offered for sale or hire to the public,
including the establishment or recognition of
approval schemes by the Office with respect
to gas appliances or classes of gas appliance;
(fd) recall of unsafe gas appliances or classes of
20 gas appliance;
(fe) fixing fees and charges in respect of any
function or service carried out by the
Office;".
16. New Part 14 inserted
25 After Part 13 of the Principal Act insert--
'PART 14--GAS SAFETY
Division 1--Office of Gas Safety
116. Establishment
(1) There is established a body by the name
30 "Office of Gas Safety".
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(2) The Office--
(a) is a body corporate with perpetual
succession;
(b) has an official seal;
5 (c) may sue and be sued;
(d) may acquire, hold and dispose of real
and personal property;
(e) may do and suffer all acts and things
that a body corporate may by law do
10 and suffer.
(3) All courts must take judicial notice of the
seal of the Office affixed to a document and,
until the contrary is proved, must presume
that it was duly affixed.
15 (4) The official seal of the Office must be kept
in such custody as the Office directs and
must not be used except as authorised by the
Office.
117. Objectives of the Office
20 The objectives of the Office are--
(a) to ensure the safety of gas supply,
transmission and distribution and use in
gas installations; and
(b) to control the gas safety standards of
25 gasfitting work in gas installations; and
(c) to maintain public and industry
awareness of gas safety requirements.
118. Functions
The functions of the Office are--
30 (a) to issue guidelines specifying minimum
safety standards for gas appliances, gas
equipment, gas components, gas
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installations, gas related services and
gas transmission, distribution and
supply;
(b) to monitor compliance of gas
5 appliances, gas equipment, gas
components, gas installations, gas
related services and gas transmission,
distribution and supply with the
specified safety standards;
10 (c) to investigate events or incidents which
have implications for gas safety;
(d) to provide advisory and consultative
services in relation to gas safety;
(e) to consult with and advise industry and
15 the community in relation to gas safety;
(f) such other functions are as conferred on
the Office by or under this Act or any
other Act or the regulations under this
Act.
20 119. Powers
For the purpose of performing its functions,
the Office--
(a) has such powers as are conferred on it
by this or any other Act; and
25 (b) may do all other things necessary or
convenient to be done for or in
connection with, or as incidental to, the
achievement of its objectives or the
performance of its functions.
30 120. Committees
(1) The Office may establish such committees as
it determines.
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(2) A committee established under sub-section
(1) shall consist of--
(a) such officers or employees of the
Office; and
5 (b) such other persons--
as the Office determines.
(3) The Office must appoint one of the members
of the committee as chairperson.
(4) Except as otherwise provided by the
10 regulations, the procedure of a committee is
in its discretion.
121. Delegation
The Office may, by instrument under its
official seal, delegate any function or power
15 of the Office, other than this power of
delegation, to--
(a) an officer or employee of the Office;
(b) a member of a committee appointed in
accordance with this Part;
20 (c) with the consent of the Minister,
another person.
122. Office consists of Director of Gas Safety
The Office consists of the Director of Gas
Safety.
25 123. Appointment of Director of Gas Safety
(1) The Governor in Council, on the
recommendation of the Minister, may
appoint a person to be the Director of Gas
Safety.
30 (2) The Public Sector Management Act 1992
(except Part 9) does not apply to the Director
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of Gas Safety in respect of the office of
Director of Gas Safety.
124. Terms and conditions of appointment
(1) The Director of Gas Safety shall be
5 appointed for such term, not exceeding 5
years, as is specified in the instrument of
appointment, but is eligible for re-
appointment.
(2) The Director of Gas Safety holds office,
10 subject to this Act, on such terms and
conditions as are determined by the Minister.
125. Vacancies, resignations and removal from
office
(1) The Director of Gas Safety ceases to hold
15 office if he or she becomes bankrupt.
(2) The Director of Gas Safety may resign by
writing delivered to the Governor.
(3) The Governor in Council may remove the
Director of Gas Safety from office.
20 126. Acting appointments
(1) The Governor in Council may appoint a
person to act as Director of Gas Safety--
(a) during a vacancy in the office of the
Director of Gas Safety;
25 (b) during any period, or during all periods,
when the Director of Gas Safety is
absent or, for any other reason, is
unable to perform the functions of
Director of Gas Safety--
30 but a person appointed to act during a
vacancy must not continue so to act for more
than 6 months, unless re-appointed.
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(2) An acting appointment shall be for the term
and on the conditions determined by the
Governor in Council.
(3) The Governor in Council may at any time
5 terminate an acting appointment.
(4) A person appointed under this section has all
the powers, and may perform all the
functions, of the person for whom he or she
is acting.
10 127. Validity of decisions
(1) An act or decision of the Office is not invalid
merely because of a defect or irregularity in,
or in connection with, the appointment of the
Director of Gas Safety.
15 (2) Anything done by or in relation to a person
purporting to act as Director of Gas Safety is
not invalid merely because--
(a) the occasion for the appointment has
not arisen; or
20 (b) there was a defect or irregularity in
relation to the appointment; or
(c) the appointment has ceased to have
effect; or
(d) the occasion for the person to act had
25 not arisen or had ceased.
128. Disclosure of interests
(1) If the Director of Gas Safety has a direct or
indirect pecuniary interest in a matter being
considered, or about to be considered, by the
30 Office, he or she must, as soon as practicable
after the relevant facts come to his or her
knowledge, disclose the nature of the interest
to the Minister.
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(2) Sub-section (1) does not apply if the interest
is as a result of the supply of goods or
services that are available to members of the
public on the same terms and conditions.
5 (3) A failure to comply with this section does
not affect the validity of any act or decision
of the Office or the Director of Gas Safety.
129. Corporate plan
(1) The Office must prepare a corporate plan
10 each year.
(2) The Office must give a copy of the proposed
plan to the Minister and the Treasurer on or
before 31 May in each year.
(3) The proposed corporate plan must be in or to
15 the effect of a form approved by the Minister
and the Treasurer and must include--
(a) a statement of corporate intent in
accordance with section 130.
(b) a business plan containing such
20 information as the Treasurer or the
Minister requires;
(c) financial statements containing such
information as the Treasurer requires.
(4) The Office must consider any comments on
25 the proposed plan that are made to it by the
Treasurer or the Minister within 2 months
after the plan was submitted to the Treasurer
and the Minister.
(5) The Office must consult in good faith with
30 the Treasurer and the Minister following
communication to it of the comments, must
make such changes to the plan as are agreed
between the Treasurer, the Minister and the
Office and must deliver the completed plan
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to the Treasurer and the Minister within 2
months after the commencement of the
financial year.
(6) The plan, or any part of the plan, must not be
5 published or made available except for the
purposes of this Part without the prior
approval of the Office, the Treasurer and the
Minister.
(7) The plan may be modified at any time by the
10 Office with the agreement of the Treasurer
and the Minister.
(8) If the Office, by written notice to the
Treasurer and the Minister, proposes a
modification of the plan, the Office may,
15 within 14 days, make the modification unless
the Treasurer or Minister, by written notice
to the Office, directs the Office not to make
it.
(9) The Treasurer or the Minister may, from
20 time to time, by written notice to the Office,
direct the Office to include in, or omit from,
a statement of corporate intent, a business
plan or a financial statement of a specified
kind, any specified matters.
25 (10) Before giving a direction under this section,
the Treasurer and the Minister must consult
with the Office as to the matters to be
referred to in the notice.
(11) The Office must comply with a direction
30 under this section.
(12) At any particular time, the statement of
corporate intent, the business plan or the
financial statements for the Office are the
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statements and plan last completed, with any
modifications or deletions made in
accordance with this Part.
130. Statement of corporate intent: contents
5 Each statement of corporate intent must
specify for the Office, in respect of the
financial year to which it relates and each of
the 2 following financial years, the following
information--
10 (a) the objectives of the Office;
(b) the nature and scope of the activities to
be undertaken by the Office;
(c) the accounting policies to be applied in
the accounts;
15 (d) the performance targets and other
measures by which the performance of
the Office may be judged in relation to
its stated objectives;
(e) the kind of information to be provided
20 to the Treasurer and the Minister by the
Office during the course of those
financial years;
(f) such other matters as may be agreed on
by the Treasurer, the Minister and the
25 Office from time to time.
131. Office to act in accordance with corporate
plan
The Office must act only in accordance with
its corporate plan, as existing from time to
30 time, unless it has first obtained the written
approval of the Minister and the Treasurer to
do otherwise.
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132. Nothing void merely because of non-
compliance
Nothing done by the Office is void or
unenforceable merely because the Office has
5 failed to comply with this Part.
133. Protection from liability
(1) The Director of Gas Safety is not personally
liable for anything done or omitted to be
done in good faith--
10 (a) in the exercise of a power or the
performance of a function of the Office;
or
(b) in the reasonable belief that the act or
omission was in the exercise of a power
15 or the performance of a function of the
Office.
(2) Any liability resulting from an act or
omission that, but for sub-section (1), would
attach to the Director of Gas Safety attaches
20 instead to the Office.
134. Appointment of persons to assist Office
(1) The Office may appoint or engage such
employees or other persons as are necessary
for the performance of its functions.
25 (2) The terms and conditions of appointment or
engagement are as determined by the Office.
135. Improper use of information
A person who is, or has been, Director of
Gas Safety or an employee, agent or
30 contractor of the Office, must not make
improper use of any information acquired
only in the course of his or her duties to
obtain directly or indirectly any pecuniary or
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other advantage for himself or herself or for
any other person.
Penalty: 50 penalty units.
136. Costs of Office
5 Any person entitled or authorised under this
Act to distribute gas in the State must pay to
the Office at such time or times as the
Minister determines such annual amount as
the Minister determines in respect of the
10 remuneration and reasonable costs and
expenses of the Office and the Director of
Gas Safety.
Division 2--Gas safety
137. General duties of gas company
15 A gas company must manage and operate
any pipeline, installation, facility or service
relating to the transmission, distribution or
supply of gas by the company as far as
practicable--
20 (a) to provide for the safety of the public
and customers; and
(b) to prevent damage to property of the
public and customers; and
(c) to ensure that the prescribed
25 requirements relating to gas
odorisation, purity, temperature and
pressure are maintained so that the gas
can be conveyed and used safely; and
(d) to ensure that customers are supplied
30 with gas that complies with the
prescribed requirements relating to
pressure, odour, wobbe index, purity
and gas quality; and
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(e) to minimise the risks to safety of--
(i) interruptions to the conveyance,
transportation or supply of gas;
and
5 (ii) the reinstatement of an interrupted
gas supply.
138. Safety plans
(1) A gas company must submit to the Office for
approval, a plan setting out the safety
10 management policies and procedures being
taken or to be taken by the gas company--
(a) to comply with its duties under section
137; and
(b) in relation to any other matters relating
15 to the safe transmission, distribution or
supply of gas that are prescribed.
(2) The safety plan for a pipeline, installation,
facility or service existing immediately
before the commencement of section 16 of
20 the Gas Industry (Amendment) Act 1997
must be submitted within 2 months after that
commencement.
(3) The safety plan for any other pipeline,
installation, facility or service must be
25 submitted and approved before the pipeline,
installation, facility or service commences
operation.
(4) Subject to this section and any requirements
specified in the regulations, the Office may
30 determine the procedures that are to apply in
respect of the contents, submission and
approval of safety plans.
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(5) A gas company must comply with an
approved safety plan in relation to the
management and operation of any pipeline,
installation, facility or service relating to the
5 transmission, distribution or supply of gas to
which the plan applies.
139. Mandatory reporting of gas incidents
(1) A gas company must report to the Office of
Gas Safety any gas incident which occurs in
10 relation to any pipeline, installation, facility
or service of the gas company.
(2) The Chief Officer of the Metropolitan Fire
and Emergency Services and the Chief
Officer under the Country Fire Authority
15 Act 1958 must report to the Office of Gas
Safety any fire in which he or she suspects
gas was a cause or contributing factor.
Division 3--Inspection and enforcement
140. Inspectors
20 (1) The Director of Gas Safety may appoint an
officer or employee of the Office of Gas
Safety to be an inspector for the purpose of
this Act.
(2) The Director of Gas Safety must give an
25 identification card to each officer and
employee who is appointed an inspector.
(3) The identification card--
(a) must be signed by the Director of Gas
Safety; and
30 (b) bear a photograph and the signature of
the officer or employee.
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(4) An inspector must, in the course of
performing his or her functions under this
Act, produce his or her identification card to
any person who requests its production.
5 (5) In this section, "officer or employee"
includes an agent or contractor of a gas
company authorised by the gas company to
carry out certain functions.
141. Powers of entry
10 (1) An inspector may exercise powers under this
section only to the extent that it is reasonably
necessary to do so for the purpose of
investigating any gas incident or determining
the safety or compliance with this Act and
15 the regulations of any pipeline installation,
facility or service relating to the
transmission, distribution, supply or use of
gas.
(2) Subject to this section, an inspector with any
20 assistants the inspector considers necessary
may enter any premises (including any
caravan, mobile home and vessel).
(3) Except in an emergency, an inspector may--
(a) enter a residence only between 8 a.m.
25 and 6 p.m.; and
(b) enter any other premises at any
reasonable time.
(4) In carrying out an inspection under this
section, an inspector must--
30 (a) cause as little harm and inconvenience
or damage as possible; and
(b) not remain on the premises any longer
than is reasonably necessary; and
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(c) leave the premises as nearly as possible
in the same condition as it was found
prior to the inspection being carried
out.
5 (5) An inspector may not exercise any powers
under this section if the inspector fails to
produce, on request, his or her identity card
for inspection by the occupier of the
premises.
10 142. Emergency access
(1) An inspector may enter any premises
(including any caravan, mobile home and
vessel) at any time in an emergency if there
is a threat to the safety of persons or property
15 arising from a situation relating to gas.
(2) If an inspector exercises a power of entry
under this section, without the owner or
occupier being present, the inspector must,
on leaving the premises, leave a notice
20 setting out--
(a) the time of entry; and
(b) the purpose of entry; and
(c) a description of all things done while
on the premises; and
25 (d) the time of departure; and
(e) the procedure for contacting the Office
of Gas Safety for further details of the
entry.
143. Powers on entry
30 (1) On exercising a power of entry under this
Division, an inspector may--
(a) search the premises and anything found
at the premises;
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(b) inspect and take photographs (including
video recordings), or make sketches, of
the premises or anything at the
premises;
5 (c) inspect, and make copies of, or take
extracts from, any document kept at the
premises;
(d) seize anything at the premises the
inspector believes on reasonable
10 grounds that it is necessary to seize in
order to prevent its concealment, loss or
destruction;
(e) examine, test and, if necessary,
disconnect, seize and remove or
15 otherwise make safe any gas appliance,
gas installation, gas pipe, gas fitting,
apparatus, or equipment that the
inspector considers unsafe, or does not
comply with this Act or the regulations
20 or was involved in a gas incident.
(2) If an inspector is unable to ascertain the
identity of the owner or custodian of
anything seized, the inspector must leave a
receipt with, or post it to, the owner of the
25 premises from which the thing was seized.
144. Return of things seized
(1) If an inspector seizes a thing under section
143, the inspector must take reasonable steps
to return the thing to the person from whom
30 it was seized if the reason for its seizure no
longer exists.
(2) If the thing has not been returned within 3
months after it is seized, the inspector must
take reasonable steps to return it unless--
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(a) proceedings have commenced and
those proceedings (including any
appeal) have not been completed; or
(b) a court makes an order under section
5 145 extending the period of 3 months.
145. Magistrates' Court may extend period
(1) An inspector may apply to the Magistrates'
Court before the expiration of the period
referred to in section 144 or within a period
10 extended by the Court under this section for
an extension of that period.
(2) The Magistrates' Court may order such an
extension if satisfied that retention of the
thing is necessary--
15 (a) for the purposes of an investigation into
whether an offence has been
committed; or
(b) to enable evidence of an offence to be
obtained for the purposes of a
20 prosecution.
(3) The Court may adjourn an application to
enable notice of the application to be given
to any person.
146. Power of inspector to require information
25 or documents
(1) An inspector who--
(a) exercises a power of entry under this
Division; and
(b) produces his or her identity card for
30 inspection by a person--
may, to the extent that it is reasonably
necessary for the purposes set out in section
141(1) and 142(1), require the person to give
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information to the inspector, to produce
documents to the inspector and to give
reasonable assistance to the inspector.
(2) A person must not refuse or fail, without
5 reasonable excuse, to comply with a
requirement made under sub-section (1).
Penalty:
(a) in the case of a corporation, 1000
penalty units;
10 (b) in any other case, 100 penalty units.
(3) A person must not--
(a) give information that the person knows
to be false or misleading in a material
particular; or
15 (b) produce a document that the person
knows to be false or misleading in a
material particular without indicating
the respect in which it is false or
misleading and, if practicable,
20 providing correct information.
Penalty:
(a) in the case of a corporation, 1000
penalty units;
(b) in any other case, 100 penalty units.
25 147. Copying of documents
If a person produces a document to an
inspector in accordance with a requirement
under section 146, the inspector may make
copies of, or take extracts from, the
30 document.
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148. Protection against self-incrimination
A natural person may refuse or fail to give
information, produce a document or do any
other thing that the person is required to do
5 by or under this Act if the giving of the
information, the production of the document
or the doing of that other thing would tend to
incriminate the person.
149. Director of Gas Safety may give directions
10 (1) The Director of Gas Safety may, in writing,
direct a gas company--
(a) to cease the supply of gas to a gas
installation, facility, service, appliance
or equipment; or
15 (b) disconnect a gas installation from the
gas supply--
if the Director of Gas Safety considers that it
is necessary to do so for safety reasons.
(2) The Director of Gas Safety may, in writing,
20 direct a person--
(a) to cease to use a particular gas
installation, facility, service, appliance
or equipment; or
(b) to make safe a gas installation or
25 appliance; or
(c) to do any other thing necessary to make
an emergency situation safe--
if the Director of Gas Safety is satisfied that
it is necessary to issue the directions for
30 safety reasons.
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(3) A person must comply with a direction under
this section that applies to the person.
Penalty:
(a) in the case of a corporation, 1000
5 penalty units; and
(b) in any other case, 100 penalty units.'.
17. Repeal of Schedule 1
Schedule 1 to the Principal Act is repealed.
_______________
10
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PART 3--OTHER ACTS
18. State Electricity Commission Act 1958
After section 12B(1)(d) of the State Electricity
Commission Act 1958 insert--
5 "(e) to carry out such functions as the Minister
directs in relation to the restructure or reform
of the gas industry.".
19. Repeal of Energy Consumption Levy Act 1982
(1) The Energy Consumption Levy Act 1982 is
10 repealed.
(2) Despite its repeal by sub-section (1), the Energy
Consumption Levy Act 1982 continues to apply
in respect of energy consumption levy in relation
to a billing period that commenced before the
15 commencement of this section.
(3) For the purposes of this section, a billing period
under the Energy Consumption Levy Act 1982
that commenced before and, but for this sub-
section, would not end before, the commencement
20 of this section, is deemed to have ended
immediately before that commencement.
20. Consequential amendments
(1) In section 3(1) of the Administrative Appeals
Tribunal Act 1984, in the definition of "taxing
25 Act", omit "the Energy Consumption Levy Act
1982,".
(2) In section 4(1) of the Evidence (Commissions)
Act 1982, paragraph (ba) is repealed.
(3) In section 21 of the Loy Yang B Act 1992, sub-
30 section (3) is repealed.
(4) In section 137Q of the Stamps Act 1958,
paragraph (f) is repealed.
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(5) In the Taxation (Interest on Overpayments) Act
1986--
(a) in section 3(1)--
(i) in the definition of "objection",
5 paragraph (b) is repealed;
(ii) in the definition of "relevant
Commissioner", paragraph (b) is
repealed;
(iii) in the definition of "relevant tax",
10 paragraph (b) is repealed;
(b) in section 5(2)--
(i) in the definition of "relevant Act",
paragraph (b) is repealed;
(ii) in the definition of "secrecy
15 provisions", paragraph (b) is repealed.
(6) In section 3(1) of the Taxation (Reciprocal
Powers) Act 1987, in the definition of "State
taxation Act", paragraph (e) is repealed.
21. Country Fire Authority Act 1958
20 In section 32(2) of the Country Fire Authority
Act 1958 after "Electricity Industry Act 1993"
insert "or gas company within the meaning of the
Gas Industry Act 1994 or person authorised
under section 40 of the Gas Industry Act 1994".
25
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Gas Industry (Amendment) Act 1997
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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