Victorian Consolidated Legislation

GAS INDUSTRY ACT 2001

No. 31 of 2001
Version incorporating amendments as at 1 July 2009

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY

   1.      Purpose
   2.      Commencement
   3.      Definitions
   4.      Crown to be bound
   5.      Extra-territorial operation
   6.      Construction of Act

   PART 2-APPLICATION OF ACT

           Division 1-Provisions relating to gas companies

   7.      Application of Act and other Acts to certain gas companies

           Division 1A-Declaration of small retail customers and retailers

   7A.     Declaration of small retail customers and retailers

           Division 2-Application provisions relating to gas and pipelines

   8.      Declaration of gaseous fuel
   9.      Declaration of pipeline not to be pipeline
   10.     Declaration of pipeline to be, or not to be, a transmission
           pipeline
   11.     Gas distribution system
   12.     Gas transmission system
           13, 14. Repealed

           Division 3-Gas market provisions

   15.     Substantial degree of power
   16.     Repealed

           Division 4-Role of the Commission and the ACCC under this Act

   17.     Application of Essential Services Commission Act 2001.
   18.     Objectives of the Commission
   19.     Repealed

   PART 3-REGULATION OF GAS INDUSTRY

           Division 1-Regulation of tariffs and charges

   20.     Wimmera and Colac Tariff Order
   20A.    Repealed
   21.     Regulation of tariffs for prescribed customers

           Division 2-Licences

   22.     Offence to distribute or retail gas without licence
   23.     Repealed
   24.     Exemptions
   25.     Application for licence
   26.     Grant or refusal of application
   27.     Grant of licence for exclusive franchise
   28.     Provisions relating to licences
   29.     Specific licence conditions
   30.     Determination of fees and charges
   31.     Condition specifying industry codes, standards, rules or guidelines
   32.     Condition relating to customer-related standards, procedures, policies and practices
           33-35 Repealed
   36.     Customer dispute resolution
   37.     Repealed
   38.     Variation or revocation of licence
   39.     Gazettal requirement
   40.     Transfer of licence

           Division 3-Appointment of administrator

   41.     Appointment of administrator

           Division 4-Terms and conditions of sale and supply of gas

   42.     Offer to domestic or small business customers (licensee
           standing offers)
   42A.    Licensee standing offer tariffs to be given to Commission
   42B.    Commission must publish on Internet licensee standing offer tariffs
   42C.    Internet publication and bill notification of licensee standing offers
   42D.    Required tariff information and licensee contact information
           to be published in newspaper
   42E.    Order specifying method and variables to be used to determine weighted tariff variation
   43.     Terms and conditions of contracts for sale of gas to certain customers
   43A.    Publication of tariffs, terms and conditions of sale of gas (relevant published offers)
   44.     Deemed contracts with former franchise customers
   45.     Repealed
   46.     Deemed contracts for supply and sale for relevant customers
   47.     Commission must report to Minister on gas supply offers
   48.     Deemed distribution contracts
   48A.    Compensation for wrongful disconnection
   48B.    Prohibition on fees for late payment
   48C.    Regulation of exit fees
   48D.    Regulation of pre-payment meters

           Division 4A-Hardship policies

   48E.    Definitions
   48F.    Objects
   48G.    Financial hardship policies
   48H.    Commission may develop guidelines
   48I.    Commission may approve financial hardship policy
   48J.    Minister may approve financial hardship policy
   48K.    Licensee not to disconnect if there is compliance with financial hardship policy

           Division 5-Community service agreements

   49.     Community services
   50.     Transitional provision relating to community services
   51.     The Commission may decide certain matters

           Division 6-Supplier of last resort

   51A.    Definitions
   51B.    Meaning of related relevant customer information
   51C.    Relevant customers for the purposes of this Division
   51D.    Licence condition-supplier of last resort
   51E.    Tariffs, terms and conditions for gas supply following trigger event
   51F.    Variation of tariffs, terms and conditions for gas supply by supplier of last resort
   51G.    Supply of specified relevant customer information after trigger event
   51H.    Compliance with a relevant customer information notice
   51I.    Commission to give specified relevant customer information
           it is given to supplier of last resort
   51J.    Proceedings for contravention of requirement to comply with relevant customer information notice
   51K.    Corporations Act displacement

   PART 4-GAS MARKET PROVISIONS

           Division 1-Repealed

           52AA-59 Repealed

           Division 2-Facilitation of retail competition

           60-67. Repealed
   67A.    Commission directions to AEMO in relation to supplier of last resort trigger events
   68.     Repealed

           Division 3-Repealed

   69.     Repealed

   PART 5-Repealed

           70-113 Repealed

   PART 6-PROHIBITED INTERESTS

           Division 1-Interpretation

   114.    Definitions
   115.    Relevant interest in a share
   116.    Voting power
   117.    References to Corporations Act
   118.    Unit trusts
   119.    Stock
   120.    Controlling interest in a corporation
   121.    Substantial interest in a corporation
   122.    Regulations relating to relevant interests
   123.    Certain shareholders agreements to be disregarded
   124.    Certain "see-through" interests to be disregarded
   125.    Effect of certificate under section 123 or 124.

           Division 2-Application of Part

   126.    Application of Part
   127.    Application of Part to partnerships

           Division 3-Prohibited interests

   128.    Prohibited interests
   129.    Other provisions relating to prohibited interests
   130.    Temporary exemption from prohibition
   131.    Power to require information relating to interests
   132.    Disposal of interest
   133.    Voting rights in respect of certain shares
   134.    Revocation of licence
   135.    Annulment of certain resolutions of relevant corporation
   136.    Making, revocation or variation of determination by the Commission
   137.    Appeal against determination of the Commission
   138.    Sale of forfeited shares
   139.    Service

   PART 7-GAS COMPANY PROPERTY AND WORKS

           Division 1-Pipelines generally

   140.    Certain pipelines are not part of land
   141.    Agreement for operation of pipelines

           Division 2-Compulsory acquisition of land and easements

   142.    Power of gas transmission company or gas distribution
           company to acquire land
   143.    Power to acquire easements
   144.    Application of other laws in relation to land vested in a gas company
   145.    Rateability of property

           Division 3-Easements

   146.    Making of easements in subdivisions
   147.    Easements over lands held by Crown licensees or lessees

           Division 4-Powers as to works

   147A.   Definitions
   148.    Powers as to works etc.
   149.    Power to open and break up roads etc.
   149A.   Safety duties in relation to works on or in immediate
           vicinity of rail infrastructure or rolling stock
   149B.   Notification of owners or occupiers of land on which there
           is rail infrastructure or rolling stock
   149C.   Notification of gas distribution and transmission
           companies before rail operations carried out

           Division 5-Offences

   150.    Obstructing construction or operation of pipelines
   151.    Offences relating to transmission pipelines
   152.    Offences relating to gas supply

           Division 6-General

   153.    Definition
   154.    Identity cards
   155.    Power of entry
   156.    Emergency powers
   157.    Offence to obstruct officer or employee of gas company

   PART 8-Repealed

           158-205. Repealed

   PART 9-GAS SUPPLY EMERGENCY PROVISIONS

           Division 1-Emergency provisions

   206.    Proclamation that this Part applies
   207.    Powers of Minister
   208.    Offence not to comply with direction etc.
   209.    Offence to obstruct a person carrying out a direction etc.
   210.    Offences by bodies corporate
   211.    Offences by partnerships or unincorporated associations
   212.    Judicial notice
   213.    Immunity from suit

           Division 2-Enforcement

   214.    Powers of entry-enforcement
   215.    Occupier to be given copy of consent
   216.    Search warrant
   217.    Announcement before entry
   218.    Copy of warrant to be given to occupier

           Division 3-Infringement notices

   219.    Definition
   220.    Power to serve a notice
   221.    Repealed
   222.    Infringement penalties
           223-228 Repealed

   PART 10-GENERAL

   229.    Delegation by Minister
   230.    Offences by bodies corporate
   231.    Proceedings for offences
   232.    Gas retailer not liable for failure to supply
   233.    Exemption from liability to transmit or convey gas
   234.    Evidence of ownership
   235.    Supreme Court-limitation of jurisdiction
   236.    Regulations

   PART 11-ABOLITION OF VENCORP

   237.    Definitions
   238.    Abolition of VENCorp
   239.    Transferred employees
   240.    Financial reporting obligations
   241.    Taxes
   242.    Validity of things done under this Part
   243.    Corporations Act displacement
   244.    Savings and transitional regulations
           __________________
           SCHEDULE-Easements for Use of Gas Company
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details