GAS INDUSTRY ACT 2001
Table of Provisions
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
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
PART 3--REGULATION OF GAS INDUSTRY
Division 1--Regulation of tariffs and charges
- 20 Wimmera and Colac Tariff Order
- 20A Powers in relation to price regulation
- 21 Regulation of tariffs for prescribed customers
Division 2--Licences
- 22 Offence to distribute or retail gas without licence
- 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 Condition to give information to Commission
- 34 Condition relating to advertising of enforcement action taken against licensee
- 36 Customer dispute resolution
- 38 Variation or revocation of licence
- 38A Variation to licence conditions—contravention of licence or Code of Practice
- 39 Gazettal requirement
- 40 Transfer of licence
- 40A Ministerial licence conditions
- 40B Contents of Ministerial licence conditions
- 40C Consultation with Ministers
- 40D Consultation with affected licensees in certain cases
- 40E Notification of the Commission
- 40F No consultation for proposed Order in certain cases
- 40G Minister to notify Commission of making of Order under section 40A(1)
- 40H Licences are taken to be subject to Ministerial licence conditions
- 40I Inconsistency between Ministerial licence conditions and Commission licence conditions
Division 3--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
- 42C Internet publication and bill notification of licensee standing offers
- 42D Required tariff information and licensee contact information to be published in newspaper and Government Gazette
- 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
- 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
- 48DA Prohibition on save and win-back offers
- 48DB Prohibition relating to door-to-door sales and cold‑calling
Division 4AA--Disconnection of supply of gas
- 48DC Definitions
- 48DD Meaning of relevant customer
- 48DE Objects
- 48DF Knowingly or recklessly disconnecting supply of gas at premises
- 48DG Disconnection of supply of gas at premises
- 48DH Knowingly or recklessly disconnecting supply of gas at premises of life support customer
- 48DI Life support customers and residents—gas retailer obligations when advised by relevant customer
- 48DJ Life support customers and residents—gas retailer obligations when advised by gas distribution company or electricity distribution company
- 48DK Life support customers and residents—gas retailer obligations when advised by exempt gas sellers
- 48DL Life support customers and residents—exempt gas seller obligations when advised by relevant customer
- 48DM Life support customers and residents—exempt gas seller obligations when advised by exempt distributor
- 48DN Supply of gas may be disconnected by agreement or on notice from relevant customer
- 48DO Supply of gas may be disconnected for non-payment of bill or failure to comply with terms of relevant assistance
- 48DP Supply of gas may be disconnected for failure to pay security deposit
- 48DQ Supply of gas may be disconnected for refusal to provide acceptable identification
- 48DR Supply of gas may be disconnected if access to meter denied
- 48DS Supply of gas may be disconnected if there is taking of gas without notification by customer
- 48DT Supply of gas may be disconnected if it occurs in the prescribed circumstances
- 48DU Restrictions on gas retailer or exempt gas seller disconnecting supply of gas
- 48DV Supply of gas may be disconnected if gas taken by fraudulent or illegal means—gas retailers
- 48DW Supply of gas may be disconnected if gas taken by fraudulent or illegal means—exempt gas sellers
- 48DX Register of life support customers and residents
- 48DY Alternative verdict for charge of knowingly or recklessly disconnecting supply of gas at premises
Division 4A--Hardship policies
- 48E Definitions
- 48F Objects
- 48G Financial hardship policies
- 48GA Review of financial hardship policy at the direction of Commission
- 48GB Licensee may submit variation to, or replacement of, financial hardship policy for approval
- 48GC Content of financial hardship policies
- 48H Commission may develop guidelines
- 48I Commission approval
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
Division 7--Trial waivers
- 52 Definitions
- 53 Innovative trial principles
- 54 Order in Council in relation to trial waivers
- 55 Trial waiver
- 56 Conditions of trial waiver
- 57 Consultation on trial waiver
- 58 Publication of trial waiver
- 59 Duration of trial waiver
- 60 Extension of trial waiver
- 61 Variation of trial waiver, or conditions of trial waiver, by Commission
- 62 Variation of trial waiver, or conditions of trial waiver, by agreement
- 63 Revocation of trial waiver
- 63A Compliance with conditions of trial waiver
- 64 Preparation and issue of trial project guidelines
- 65 Amendment of trial project guidelines
- 66 Consideration of AER trial project guidelines
- 67 Information disclosure
- 68 Register of trial waivers
- 69 Trial waiver not personal property
PART 4--GAS MARKET PROVISIONS
Division 2--Facilitation of retail competition
PART 7--GAS COMPANY PROPERTY AND WORKS
Division 1--Pipelines generally
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
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 railway 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 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
- 213A Corporations Act displacement
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
PART 9A--COMPLIANCE AND ENFORCEMENT REPORTING- 223 Compliance and enforcement report—gas retailers
- 224 Performance indicators for compliance and enforcement reports
- 225 Reporting of systemic issues referred to Commission
PART 10--GENERAL
- 229 Delegation by Minister
- 229A Offence to give false or misleading information or documents
- 229B Monetary benefits orders
- 229C Determining amount to be paid under monetary benefits order
- 229D Recovery of amounts ordered to be paid
- 229E Adverse publicity orders
- 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