Victorian Consolidated Legislation

GAS INDUSTRY ACT 2001

No. 31 of 2001
Version incorporating amendments as at 25 April 2008

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.     Connections to and adjuncts of gas distribution system
   14.     Connections to and adjuncts of gas transmission system

           Division 3-Gas market provisions

   15.     Substantial degree of power
   16.     Sale of gas under MSO Rules

           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.     Conferral of functions on ACCC

   PART 3-REGULATION OF GAS INDUSTRY

           Division 1-Regulation of tariffs and charges

   20.     Wimmera and Colac Tariff Order
   20A.    New Tariff Order
   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     Repealed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 Repealed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     Repealed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
   43.     Terms and conditions of contracts for sale of gas to certain customers
   43A.    Publication of terms and conditions of sale of gas
   44.     Deemed contracts with former franchise customers
   45.     Repealed
   46.     Deemed contracts for supply and sale for relevant customers
   47.     Repealed
   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-Market and System Operation Rules

   52AA.   Definitions
   52.     MSO Rules
   52A.    Operation and effect of MSO Rules
   52B.    Approval or determination by ACCC of market service fees payable by market participants
   52C.    What if ACCC does not make a decision to approve (or not approve) the market service fees within time?
   53.     VENCorp's access arrangement fees continue to apply until market service fees take effect
   54.     Proceedings
   55.     Criminal proceedings do not lie
   56.     Civil penalty
   57.     Injunctions
   58.     Actions for damages for contravention of conduct provision
   59.     Declaratory relief

           Division 2-Facilitation of retail competition

   60.     What are retail gas market rules?
   61.     Principles for retail gas market rules
   62.     Retail gas market rules-VENCorp
   63.     Retail gas market rules-gas distribution company
   64.     Conditions of licence relating to retail gas market
   65.     Approval of rules by the Commission
   66.     Operation of approved rules
   67.     Amendments to approved rules
   67A.    Commission directions to VENCorp in relation to supplier of last resort trigger events
   68.     Cost recovery

           Division 3-Costs of VENCorp for retail competition

   69.     Costs of VENCorp

   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-VICTORIAN ENERGY NETWORKS
   CORPORATION

           Division 1-VENCorp

   158.    Establishment
   159.    VENCorp not to represent the Crown
   160.    Functions and powers relating to gas industry
   161.    Functions and powers relating to electricity
   162.    General powers
   163.    Non-commercial functions
   164.    Delegation powers

           Division 2-Board of Directors

   165.    Board of Directors
   166.    Directors
   167.    Appointment of directors
   168.    Terms and conditions of appointment
   169.    Duties of directors
   170.    VENCorp or Minister may bring proceedings
   171.    Directions
   172.    Vacancies, resignations, removal from office
   173.    Proceedings of board
   174.    Resolutions without meetings
   175.    Disclosure of interests
   176.    Validity of decisions
   177.    VENCorp not to make loans to directors
   178.    Indemnity
   179.    Chief executive officer

           Division 3-Planning, finance and reporting provisions

   180.    Corporate plan
   181.    Statement of corporate intent-contents
   182.    Borrowing and investment by VENCorp
   183.    Dividends
   184.    Reports to Treasurer
   185.    Annual report

           Division 4-Directions by VENCorp

   186.    VENCorp may give directions
   187.    Power of Minister
   188.    Protection from liability
   189.    Protection of persons executing directions
   190.    Continuing offences

           Division 5-Appointment and powers of VENCorp inspectors

   191.    Inspectors
   192.    Powers of entry-enforcement
   193.    Occupier to be given copy of consent
   194.    Search warrant
   195.    Announcement before entry
   196.    Copy of warrant to be given to occupier
   197.    Offence to obstruct inspector
   198.    Police to assist inspectors
   199.    Impersonation of inspector

           Division 6-General

   200.    Information to be provided to VENCorp
   201.    Restriction on disclosure of confidential information
   202.    Rateability of land vested in VENCorp
   203.    Service of documents on VENCorp
   204.    Evidence of documents issued by VENCorp
   205.    Review of this Part

   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
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           SCHEDULE-Easements for Use of Gas Company
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details