Gas Industry Act 2001

1 June 2022 TABLE OF PROVISIONS Section Page Part 1—Preliminary 1

1 Purpose 1

2 Commencement 1

3 Definitions 1

4 Crown to be bound 12

5 Extra-territorial operation 13

6 Construction of Act 13 Part 2—Application of Act 14 Division 1—Provisions relating to gas companies 14

7 Application of Act and other Acts to certain gas companies 14 Division 1A—Declaration of small retail customers and retailers 14

7A Declaration of small retail customers and retailers 14 Division 2—Application provisions relating to gas and pipelines 16

8 Declaration of gaseous fuel 16

9 Declaration of pipeline not to be pipeline 16

10 Declaration of pipeline to be, or not to be, a transmission pipeline 17 Division 4—Role of the Commission and the ACCC under this Act 18

17 Application of Essential Services Commission Act 2001 18

18 Objectives of the Commission 18 Part 3—Regulation of gas industry 19 Division 1—Regulation of tariffs and charges 19

20 Wimmera and Colac Tariff Order 19

20A Powers in relation to price regulation 21

21 Regulation of tariffs for prescribed customers 21 Authorised by the Chief Parliamentary Counsel i Section Page Division 2—Licences 26

22 Offence to distribute or retail gas without licence 26

24 Exemptions 27

25 Application for licence 29

26 Grant or refusal of application 29

27 Grant of licence for exclusive franchise 30

28 Provisions relating to licences 32

29 Specific licence conditions 33

30 Determination of fees and charges 35

31 Condition specifying industry codes, standards, rules or guidelines 37

32 Condition relating to customer-related standards, procedures, policies and practices 38

33 Condition to give information to Commission 39

34 Condition relating to advertising of enforcement action taken against licensee 39

36 Customer dispute resolution 40

38 Variation or revocation of licence 42

38A Variation to licence conditions—contravention of licence or Code of Practice 43

39 Gazettal requirement 44

40 Transfer of licence 44

40A Ministerial licence conditions 46

40B Contents of Ministerial licence conditions 47

40C Consultation with Ministers 48

40D Consultation with affected licensees in certain cases 48

40E Notification of the Commission 49

40F No consultation for proposed Order in certain cases 49

40G Minister to notify Commission of making of Order under section 40A(1) 50

40H Licences are taken to be subject to Ministerial licence conditions 50

40I Inconsistency between Ministerial licence conditions and Commission licence conditions 51 Division 3—Appointment of administrator 51

41 Appointment of administrator 51

41A Corporations Act displacement 52 Division 4—Terms and conditions of sale and supply of gas 52

42 Offer to domestic or small business customers (licensee standing offers) 52

42A Licensee standing offer tariffs to be given to Commission 58

42B Commission must publish on Internet licensee standing offer tariffs 59 Authorised by the Chief Parliamentary Counsel ii Section Page

42C Internet publication and bill notification of licensee standing offers 59

42D Required tariff information and licensee contact information to be published in newspaper and Government Gazette 60

42E Order specifying method and variables to be used to determine weighted tariff variation 62

43 Terms and conditions of contracts for sale of gas to certain customers 62

43A Publication of tariffs, terms and conditions of sale of gas (relevant published offers) 66

44 Deemed contracts with former franchise customers 68

46 Deemed contracts for supply and sale for relevant customers 69

47 Commission must report to Minister on gas supply offers 72

48 Deemed distribution contracts 73

48A Compensation for wrongful disconnection 76

48B Prohibition on fees for late payment 78

48C Regulation of exit fees 79

48D Regulation of pre-payment meters 81

48DA Prohibition on save and win-back offers 82

48DB Prohibition relating to door-to-door sales and cold-calling 86 Division 4AA—Disconnection of supply of gas 88 Subdivision 1—Preliminary 88

48DC Definitions 88

48DD Meaning of relevant customer 93

48DE Objects 94 Subdivision 2—Offences 95

48DF Knowingly or recklessly disconnecting supply of gas at premises 95

48DG Disconnection of supply of gas at premises 95

48DH Knowingly or recklessly disconnecting supply of gas at premises of life support customer 96

48DI Life support customers and residents—gas retailer obligations when advised by relevant customer 98

48DJ Life support customers and residents—gas retailer obligations when advised by gas distribution company or electricity distribution company 100

48DK Life support customers and residents—gas retailer obligations when advised by exempt gas sellers 101

48DL Life support customers and residents—exempt gas seller obligations when advised by relevant customer 102

48DM Life support customers and residents—exempt gas seller obligations when advised by exempt distributor 104 Authorised by the Chief Parliamentary Counsel iii Section Page Subdivision 3—Permitted grounds for disconnection 105

48DN Supply of gas may be disconnected by agreement or on notice from relevant customer 105

48DO Supply of gas may be disconnected for non-payment of bill or failure to comply with terms of relevant assistance 106

48DP Supply of gas may be disconnected for failure to pay security deposit 107

48DQ Supply of gas may be disconnected for refusal to provide acceptable identification 108

48DR Supply of gas may be disconnected if access to meter denied 109

48DS Supply of gas may be disconnected if there is taking of gas without notification by customer 111

48DT Supply of gas may be disconnected if it occurs in the prescribed circumstances 112

48DU Restrictions on gas retailer or exempt gas seller disconnecting supply of gas 112 Subdivision 4—Disconnection for fraudulent or illegal taking of gas 113

48DV Supply of gas may be disconnected if gas taken by fraudulent or illegal means—gas retailers 113

48DW Supply of gas may be disconnected if gas taken by fraudulent or illegal means—exempt gas sellers 114 Subdivision 5—Register of life support customers and residents 116

48DX Register of life support customers and residents 116 Subdivision 6—Miscellaneous 117

48DY Alternative verdict for charge of knowingly or recklessly disconnecting supply of gas at premises 117 Division 4A—Hardship policies 118

48E Definitions 118

48F Objects 119

48G Financial hardship policies 119

48GA Review of financial hardship policy at the direction of Commission 120

48GB Licensee may submit variation to, or replacement of, financial hardship policy for approval 120

48GC Content of financial hardship policies 120

48H Commission may develop guidelines 121

48I Commission approval 122 Division 5—Community service agreements 123

49 Community services 123

50 Transitional provision relating to community services 124 Authorised by the Chief Parliamentary Counsel iv Section Page

51 The Commission may decide certain matters 125 Division 6—Supplier of last resort 126

51A Definitions 126

51B Meaning of related relevant customer information 128

51C Relevant customers for the purposes of this Division 129

51D Licence condition—supplier of last resort 129

51E Tariffs, terms and conditions for gas supply following trigger event 131

51F Variation of tariffs, terms and conditions for gas supply by supplier of last resort 133

51G Supply of specified relevant customer information after trigger event 133

51H Compliance with a relevant customer information notice 135

51I Commission to give specified relevant customer information it is given to supplier of last resort 135

51J Proceedings for contravention of requirement to comply with relevant customer information notice 135

51K Corporations Act displacement 136 Division 7—Trial waivers 137 Subdivision 1—Interpretation 137

52 Definitions 137

53 Innovative trial principles 138 Subdivision 2—Trial waiver orders 139

54 Order in Council in relation to trial waivers 139 Subdivision 3—Grant of trial waivers 140

55 Trial waiver 140

56 Conditions of trial waiver 142

57 Consultation on trial waiver 142

58 Publication of trial waiver 142

59 Duration of trial waiver 142 Subdivision 4—Extension of trial waivers 143

60 Extension of trial waiver 143 Subdivision 5—Variation and revocation of trial waivers 144

61 Variation of trial waiver, or conditions of trial waiver, by Commission 144

62 Variation of trial waiver, or conditions of trial waiver, by agreement 146

63 Revocation of trial waiver 146 Authorised by the Chief Parliamentary Counsel v Section Page Subdivision 5A—Compliance 147

63A Compliance with conditions of trial waiver 147 Subdivision 6—Trial project guidelines 147

64 Preparation and issue of trial project guidelines 147

65 Amendment of trial project guidelines 148

66 Consideration of AER trial project guidelines 148 Subdivision 7—Information sharing with the AER 149

67 Information disclosure 149 Subdivision 8—Miscellaneous 149

68 Register of trial waivers 149

69 Trial waiver not personal property 150 Part 4—Gas market provisions 151 Division 2—Facilitation of retail competition 151

67A Commission directions to AEMO in relation to supplier of last resort trigger events 152 Part 7—Gas company property and works 155 Division 1—Pipelines generally 155

140 Certain pipelines are not part of land 155

141 Agreement for operation of pipelines 155 Division 2—Compulsory acquisition of land and easements 156

142 Power of gas transmission company or gas distribution company to acquire land 156

143 Power to acquire easements 157

144 Application of other laws in relation to land vested in a gas company 157

145 Rateability of property 159 Division 3—Easements 159

146 Making of easements in subdivisions 159

147 Easements over lands held by Crown licensees or lessees 160 Division 4—Powers as to works 160

147A Definitions 160

148 Powers as to works etc. 161

149 Power to open and break up roads etc. 163

149A Safety duties in relation to works on or in immediate vicinity of rail infrastructure or rolling stock 165

149B Notification of owners or occupiers of land on which there is rail infrastructure or rolling stock 166 Authorised by the Chief Parliamentary Counsel vi Section Page

149C Notification of gas distribution and transmission companies before railway operations carried out 167 Division 5—Offences 167

150 Obstructing construction or operation of pipelines 167

151 Offences relating to transmission pipelines 168

152 Offences relating to gas supply 168 Division 6—General 170

153 Definition 170

154 Identity cards 170

155 Power of entry 171

156 Emergency powers 171

157 Offence to obstruct officer or employee of gas company 171 Part 9—Gas supply emergency provisions 173 Division 1—Emergency provisions 173

206 Proclamation that this Part applies 173

207 Powers of Minister 173

208 Offence not to comply with direction etc. 177

209 Offence to obstruct a person carrying out a direction etc. 179

210 Offences by bodies corporate 179

211 Offences by partnerships or unincorporated associations 180

212 Judicial notice 181

213 Immunity from suit 181

213A Corporations Act displacement 181 Division 2—Enforcement 181

214 Powers of entry—enforcement 181

215 Occupier to be given copy of consent 182

216 Search warrant 182

217 Announcement before entry 183

218 Copy of warrant to be given to occupier 184 Division 3—Infringement notices 184

219 Definition 184

220 Power to serve a notice 185

222 Infringement penalties 185 Part 9A—Compliance and enforcement reporting 186

223 Compliance and enforcement report—gas retailers 186

224 Performance indicators for compliance and enforcement reports 188

225 Reporting of systemic issues referred to Commission 189 Authorised by the Chief Parliamentary Counsel vii Section Page Part 10—General 191

229 Delegation by Minister 191

229A Offence to give false or misleading information or documents 191

229B Monetary benefits orders 192

229C Determining amount to be paid under monetary benefits order 192

229D Recovery of amounts ordered to be paid 194

229E Adverse publicity orders 194

230 Offences by bodies corporate 195

231 Proceedings for offences 195

232 Gas retailer not liable for failure to supply 196

233 Exemption from liability to transmit or convey gas 196

234 Evidence of ownership 197

235 Supreme Court—limitation of jurisdiction 198

236 Regulations 198 Part 11—Abolition of VENCorp 201

237 Definitions 201

238 Abolition of VENCorp 202

239 Transferred employees 203

240 Financial reporting obligations 204

241 Taxes 205

242 Validity of things done under this Part 206

243 Corporations Act displacement 207 Part 12—Savings and transitional provisions 208

244 Savings and transitional provisions—Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021 208

Schedule 209 ═══════════════ Endnotes 210 1 General information 210 2 Table of Amendments 212 3 Explanatory details 220 Authorised by the Chief Parliamentary Counsel viii Authorised Version No. 072 Gas Industry Act 2001 No. 31 of 2001 Authorised Version incorporating amendments as at 1 June 2022 The Parliament of Victoria enacts as follows: Part 1—Preliminary 1 Purpose The main purpose of this Act is to regulate the gas industry. 2 Commencement (1) Section 1 and this section come into operation on the day on which this Act receives the Royal Assent. (2) The remaining provisions of this Act (except section 69) come into operation on 1 September 2001. (3) Section 69 comes into operation on a day to be proclaimed. (4) If section 69 does not come into operation before 1 July 2002, it comes into operation on that day. 3 Definitions In this Act— ACCC means the Australian Competition and S. 3 def. of ACCC Consumer Commission established by amended by section 6A of the Competition and Consumer No. 21/2012 s. 239(Sch. 6 Act 2010 and includes a member of the item 20.1). Commission or a Division of the Commission performing functions of the Commission; Authorised by the Chief Parliamentary Counsel 1 Gas Industry Act 2001 No. 31 of 2001 Part 1—Preliminary S. 3 def. of * * * * * Access Code repealed by No. 30/2008 s. 41(1). S. 3 def. of AEMC means the Australian Energy Market AEMC inserted by Commission established by section 5 of the No. 59/2008 Australian Energy Market Commission s. 19. Establishment Act 2004 of South Australia; S. 3 def. of AEMO means Australian Energy Market Operator AEMO inserted by Limited (ACN 072 010 327); No. 23/2009 s. 21(a). S. 3 def. of AER means the Australian Energy Regulator AER inserted by established by section 44AE of the No. 55/2007 Competition and Consumer Act 2010 of the s. 23, repealed by Commonwealth; No. 23/2009 s. 21(c), new def. of AER inserted by No. 33/2021 s. 13. S. 3 def. of affected licensee means— affected licensee inserted by (a) a licensee whose licence in relation to No. 37/2020 which the Minister proposes to make an s. 12. Order under section 40A(1) specifying a condition to which the licence is to be subject; or (b) a licensee whose licence is subject to a Ministerial licence condition which the Minister proposes to vary or revoke under an Order under section 40A(1); apparatus and works means, in relation to a pipeline— (a) apparatus for inducing or facilitating the flow or movement of anything through the pipeline; Authorised by the Chief Parliamentary Counsel 2 Gas Industry Act 2001 No. 31 of 2001 Part 1—Preliminary (b) apparatus or structure for giving protection or support to the pipeline; (c) apparatus for transmitting information or instruction with regard to the operation of the pipeline; (d) valves, valve chambers, manholes, inspection pits and other similar works annexed to or incorporated in the course of the pipeline; (e) storage, loading and all ancillary facilities and installations required for the pipeline or used in connection with, or incidental to, the pipeline; (f) prime movers for the operation of any apparatus or works mentioned in paragraph (a), (d) or (e); * * * * * S. 3 def. of appeal tribunal repealed by No. 29/2006 s. 3(Sch. 1 item 13.1). * * * * * S. 3 def. of civil penalty provision repealed by No. 23/2009 s. 21(c). Code of Practice means a Code of Practice S. 3 def. of Code of applying to the gas industry under Part 6 Practice of the Essential Services Commission inserted by No. 49/2015 Act 2001 or under this Act; s. 18. Commission means the Essential Services S. 3 def. of Commission Commission established under the Essential inserted by Services Commission Act 2001; No. 62/2001 s. 77(a). Authorised by the Chief Parliamentary Counsel 3 Gas Industry Act 2001 No. 31 of 2001 Part 1—Preliminary S. 3 def. of Competition and Consumer Act 2010 means the Competition Competition and Consumer Act 2010 of the and Consumer Commonwealth; Act 2010 inserted by No. 21/2012 s. 239(Sch. 6 item 20.3). S. 3 def. of * * * * * conduct provision repealed by No. 23/2009 s. 21(c). construction includes, in relation to a pipeline, the placing or testing of the pipeline; customer means a person to whom a gas company transmits, distributes or supplies gas or provides goods or services; S. 3 def. of deemed Ministerial licence condition means a deemed Ministerial Ministerial licence condition to which licence section 40H(1) or (2) applies; condition inserted by No. 37/2020 s. 12. distribute, in relation to gas, means convey gas through distribution pipelines; distribution pipeline means a pipeline for the conveyance of gas but does not include— (a) a transmission pipeline; (b) a gathering line within the meaning of the Petroleum Act 1998; S. 3 def. of domestic or small business customer means a domestic or small person, or a member of a class of persons, to business whom an Order under section 42(5) applies; customer inserted by No. 59/2008 s. 19. Authorised by the Chief Parliamentary Counsel 4 Gas Industry Act 2001 No. 31 of 2001 Part 1—Preliminary gas means any gaseous fuel but does not include any gaseous fuel that is declared under section 8 not to be gas for the purposes of this Act or any provision of this Act; gas bill means— S. 3 def. of gas bill inserted by (a) in this Act (except Division 4AA of No. 91/2004 Part 3), a bill or account issued by a s. 14, substituted by licensee to a customer for the supply or No. 28/2021 sale of gas; and s. 20(a). (b) in Division 4AA of Part 3, a bill or account issued by a gas retailer or an exempt gas seller (within the meaning of that Division) to a relevant customer (within the meaning of that Division) for the supply or sale of gas; gaseous fuel includes petrochemical feed stock; GASCOR has the same meaning as it has in the Gas Industry (Residual Provisions) Act 1994; gas company means a gas distribution company, a gas retailer or a gas transmission company; gas distribution company means a person who holds a licence to provide services by means of a distribution pipeline; * * * * * S. 3 def. of gas distribution system repealed by No. 46/2014 s. 11. gas fitting includes meter, pipeline, burner, fitting, appliance and apparatus used in connection with the consumption of gas; gas producer means a person who carries on a business of producing natural gas; Authorised by the Chief Parliamentary Counsel 5 Gas Industry Act 2001 No. 31 of 2001 Part 1—Preliminary gas retailer means a person who holds a licence to sell gas; S. 3 def. of gas transmission company means any person, gas transmission other than AEMO, who owns, operates or company provides a service by means of a substituted by No. 23/2009 transmission pipeline; s. 21(b). S. 3 def. of * * * * * gas transmission system repealed by No. 46/2014 s. 11. S. 3 def. of * * * * * GFCV repealed by No. 29/2006 s. 3(Sch. 1 item 13.2). GTC has the same meaning as it has in the Gas Industry (Residual Provisions) Act 1994; S. 3 def. of industry code does not include a Code of Practice; industry code inserted by No. 41/2021 s. 55. inspector, except in Part 8, means a person appointed as an inspector under Part 5 of the Gas Safety Act 1997; licence means a licence issued under Part 3; licensee means the holder of a licence issued under Part 3; S. 3 def. of licensee standing offer means— licensee standing offer inserted by (a) the tariffs fixed under an Order in force No. 59/2008 under section 21 or determined under a s. 19, amended by price determination in force under such No. 28/2021 an Order or, if there are no such tariffs, s. 27. the tariffs determined by a licensee Authorised by the Chief Parliamentary Counsel 6 Gas Industry Act 2001 No. 31 of 2001 Part 1—Preliminary under section 42(1) and published in the Government Gazette in accordance with that subsection, as varied from time to time by the licensee as provided for under section 42(3); and (b) the terms and conditions determined by a licensee and approved by the Commission under section 42(1) and published in the Government Gazette in accordance with that subsection, as varied from time to time by the licensee and approved by the Commission as provided for under section 42(4); * * * * * S. 3 def. of market participant repealed by No. 23/2009 s. 21(c). MCE means the group of Ministers, constituting S. 3 def. of MCE or forming part of a Ministerial Council, inserted by Standing Council of Ministers or similar No. 59/2008 s. 19, body (however described) responsible for substituted by energy matters at a national level that is No. 13/2022 s. 68. comprised of the following 9 Ministers— (a) one Minister from the Commonwealth; (b) one Minister from each State; (c) one Minister from each Territory— which acts in accordance with its own procedures; meter means— S. 3 def. of meter substituted by (a) an instrument that measures the No. 28/2021 quantity of gas passing through it; and s. 20(b). Authorised by the Chief Parliamentary Counsel 7 Gas Industry Act 2001 No. 31 of 2001 Part 1—Preliminary (b) in Division 4AA of Part 3, includes an instrument that measures the quantity of hot water passing through it; S. 3 def. of Ministerial licence condition— Ministerial licence condition (a) means a condition specified under an inserted by Order under section 40A(1) to which a No. 37/2020 s. 12. licence, or a specified class of licence, is to be subject; and (b) includes a condition referred to in paragraph (a) as varied under an Order under section 40A(1); S. 3 def. of * * * * * MSO Rules repealed by No. 23/2009 s. 21(c). natural gas means a substance— (a) which is in a gaseous state at standard temperature and pressure; and (b) which consists of naturally occurring hydrocarbons, or a naturally occurring mixture of hydrocarbons and non- hydrocarbons; and (c) the principal constituent of which is methane; operation, in relation to a pipeline, includes the maintenance, removal and alteration of the pipeline; S. 3 def. of * * * * * ORG repealed by No. 62/2001 s. 77(b). pipeline means a pipe or system of pipes for or incidental to the conveyance of gas and includes all apparatus and works associated Authorised by the Chief Parliamentary Counsel 8 Gas Industry Act 2001 No. 31 of 2001 Part 1—Preliminary with the pipe or system of pipes, and includes a part of such a pipe or system but does not include a pipeline or a pipeline in a class of pipelines declared under section 9 not to be a pipeline for the purposes of this Act; * * * * * S. 3 def. of Port Campbell facility repealed by No. 55/2007 s. 29. * * * * * S. 3 def. of primary distribution system repealed by No. 46/2014 s. 11. * * * * * S. 3 def. of primary transmission system repealed by No. 46/2014 s. 11. Registered participant has the same meaning as in S. 3 def. of Registered the National Gas (Victoria) Law; participant inserted by No. 23/2009 s. 21(a). regulated tariff standing offer means a licensee S. 3 def. of regulated tariff standing offer that is subject to an Order standing offer under section 21 that is in force; inserted by No. 59/2008 s. 19. * * * * * S. 3 def. of regulatory provision repealed by No. 23/2009 s. 21(c). Authorised by the Chief Parliamentary Counsel 9 Gas Industry Act 2001 No. 31 of 2001 Part 1—Preliminary S. 3 def. of relevant published offer means the tariffs and relevant terms and conditions on which a specified published offer retailer sells gas to small retail customers inserted by that are published in accordance with No. 59/2008 s. 19. section 43A; S. 3 def. of significant producer means a body corporate significant producer that— amended by No. 10/2010 (a) is the holder of, or of an interest in, a s. 800(Sch. 6 item 4). production licence for petroleum in the adjacent area in respect of Victoria within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2010 or of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of the Commonwealth; and (b) has a substantial degree of power in one or more Victorian gas markets— and, in Parts 3, 4 and 5, includes a body corporate that is related within the meaning of section 74 to such a holder; S. 3 def. of small retail customer in section 43A, 48B, 48C small retail customer or 48D means a person in a class of persons inserted by declared to be small retail customers for the No. 91/2004 s. 14. purposes of that section by Order under section 7A; S. 3 def. of specified circumstances, in section 43A, means specified circum- circumstances declared to be specified stances circumstances by Order under inserted by No. 59/2008 section 7A(1)(c); s. 19. S. 3 def. of specified retailer means a licensee declared to be specified retailer a specified gas retailer by Order under inserted by section 7A(1)(b); No. 59/2008 s. 19. Authorised by the Chief Parliamentary Counsel 10 Gas Industry Act 2001 No. 31 of 2001 Part 1—Preliminary standing offer means— S. 3 def. of standing offer (a) a licensee standing offer; or inserted by No. 59/2008 (b) a regulated tariff standing offer; s. 19. supply and sale contract means a contract for the S. 3 def. of supply and sale or supply of gas, whether oral or in sale contract writing, or partly oral and partly in writing; inserted by No. 28/2021 s. 17. Tariff Order means— S. 3 def. of Tariff Order amended by * * * * * Nos 25/2004 s. 10, 6/2019 (b) the Wimmera and Colac Gas Supply s. 9. Tariff Order 1998 published in the Government Gazette on 17 December 1998 as that Order is amended and in force from time to time; * * * * * S. 3 def. of Trade Practices Act repealed by No. 21/2012 s. 239(Sch. 6 item 20.2). transmission pipeline means— S. 3 def. of transmission pipeline (a) a pipeline for the conveyance of gas— amended by No. 61/2005 (i) in respect of which a person is, or s. 217(1). is deemed to be, the licensee under the Pipelines Act 2005; and (ii) that has a maximum design pressure exceeding 1050kPa— other than a gathering line within the meaning of the Petroleum Act 1998; or Authorised by the Chief Parliamentary Counsel 11 Gas Industry Act 2001 No. 31 of 2001 Part 1—Preliminary (b) a pipeline that is declared under section 10 to be a transmission pipeline— but does not include a pipeline declared under section 10 not to be a transmission pipeline; transmit means convey gas through a transmission pipeline; S. 3 def. of trial waiver—see section 55; trial waiver inserted by No. 33/2021 underground storage facility means a naturally s. 13. occurring underground reservoir adapted to enable it to be used for the purpose of storing natural gas; S. 3 def. of * * * * * VENCorp repealed by No. 23/2009 s. 21(c). Victorian gas market means a market in which gas— (a) is supplied in Victoria to a gas retailer; or (b) is supplied to customers in Victoria— whether or not the market extends beyond Victoria. 4 Crown to be bound This Act binds the Crown, not only in right of Victoria but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities. Authorised by the Chief Parliamentary Counsel 12 Gas Industry Act 2001 No. 31 of 2001 Part 1—Preliminary 5 Extra-territorial operation It is the intention of the Parliament that the operation of this Act should, so far as possible, include operation in relation to the following— (a) land situated outside Victoria, whether in or outside Australia; (b) things situated outside Victoria, whether in or outside Australia; (c) acts, transactions and matters done, entered into or occurring outside Victoria, whether in or outside Australia; (d) things, acts, transactions and matters, (wherever situated, done, entered into or occurring) that would, apart from this Act, be governed or otherwise affected by the law of the Commonwealth, another State, a Territory or a foreign country. 6 Construction of Act This Act must be read and construed as one with the Gas Industry (Residual Provisions) Act 1994. Authorised by the Chief Parliamentary Counsel 13 Gas Industry Act 2001 No. 31 of 2001 Part 2—Application 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 (1) The Governor in Council, by Order published in the Government Gazette, may declare that a reference in specified provisions in Part 7 of this Act or specified provisions in another Act to a gas company does not include a reference to a specified gas distribution company, gas retailer or gas transmission company. (2) A copy of an Order under subsection (1) must be laid before each House of Parliament on or before the sixth sitting day after it is made. (3) An Order under subsection (1) is subject to disallowance by a House of Parliament, and section 23 of the Subordinate Legislation Act 1994 applies as if the Order were a statutory rule. Pt 2 Div. 1A (Heading and Division 1A—Declaration of small retail customers s. 7A) inserted by and retailers No. 91/2004 s. 15. S. 7A 7A Declaration of small retail customers and retailers inserted by No. 91/2004 s. 15. (1) The Governor in Council may by Order published in the Government Gazette— (a) declare a class or classes of persons to be small retail customers for the purposes of section 43A, 48B, 48C or 48D; S. 7A(1)(b) (b) declare a licensee to be a specified gas amended by No. 59/2008 retailer for the purposes of section 43A; s. 20(1). Authorised by the Chief Parliamentary Counsel 14 Gas Industry Act 2001 No. 31 of 2001 Part 2—Application of Act (c) declare circumstances to be specified S. 7A(1)(c) circumstances for the purposes of inserted by No. 59/2008 section 43A. s. 20(2). (2) An Order under subsection (1)(a) may declare a different class or classes of persons to be small retail customers for the purposes of each section specified in that paragraph. (3) An Order under subsection (1)(a) may specify a S. 7A(3) amended by class of persons by reference to all or any of the No. 59/2008 following— s. 20(3). (a) the person authorised to sell the gas; (b) the purpose for which the gas is used; (c) the quantity of gas used; (d) the period of use; (e) the place of supply; (f) the nature of the contract for supply of gas; (g) financial circumstances; (h) any other specified factor of any kind. (3A) An Order under subsection (1)(b) may specify a S. 7A(3A) inserted by licensee by reference to all or any of the No. 59/2008 following— s. 20(4). (a) the number of small retail customers of the licensee; (b) the tariffs at, and terms and conditions on, which the licensee sells gas to its small retail customers; (c) the distribution area of a gas distribution company provided for in the company's licence; (d) any other specified factor relevant to the sale of gas. Authorised by the Chief Parliamentary Counsel 15 Gas Industry Act 2001 No. 31 of 2001 Part 2—Application of Act S. 7A(3B) (3B) An Order under subsection (1)(c) may declare inserted by circumstances to be specified circumstances by No. 59/2008 s. 20(4). reference to all or any of the following— (a) the number of small retail customers of a specified retailer; (b) the tariffs at, and terms and conditions on, which a specified retailer sells gas to its small retail customers; (c) the distribution area of a gas distribution company provided for in the company's licence; (d) any other specified factor relevant to the sale of gas. (4) An Order under this section may confer powers and functions on, and leave any matter to be decided by, the Commission. Division 2—Application provisions relating to gas and pipelines 8 Declaration of gaseous fuel The Governor in Council, by Order published in the Government Gazette, may declare any gaseous fuel not to be gas for the purposes of this Act or any provision of this Act. 9 Declaration of pipeline not to be pipeline The Governor in Council, by Order published in the Government Gazette, may declare a pipeline or a pipeline in a class of pipelines not to be a pipeline for the purposes of this Act. Authorised by the Chief Parliamentary Counsel 16 Gas Industry Act 2001 No. 31 of 2001 Part 2—Application of Act 10 Declaration of pipeline to be, or not to be, a transmission pipeline The Governor in Council, by Order published in the Government Gazette— (a) may declare a pipeline or class of pipelines to be a transmission pipeline for the purposes of this Act; (b) may declare a pipeline or class of pipelines not to be a transmission pipeline for the purposes of this Act. * * * * * Ss 11, 12 repealed by No. 46/2014 s. 12. * * * * * S. 13 repealed by No. 23/2009 s. 22. * * * * * S. 14 repealed by No. 23/2009 s. 23. * * * * * Pt 2 Div. 3 (Heading and ss 15, 16) amended by No. 23/2009 s. 24, repealed by No. 3/2014 s. 15. Authorised by the Chief Parliamentary Counsel 17 Gas Industry Act 2001 No. 31 of 2001 Part 2—Application of Act Pt 2 Div. 4 Division 4—Role of the Commission and the ACCC (Heading) amended by under this Act No. 62/2001 s. 77(c)(ii). S. 17 17 Application of Essential Services Commission (Heading) amended by Act 2001 No. 62/2001 s. 77(d). For the purposes of the Essential Services S. 17 Commission Act 2001— amended by No. 62/2001 (a) this Act is relevant legislation; and s. 77(d). (b) the gas industry is a regulated industry. S. 18 18 Objectives of the Commission amended by No. 62/2001 s. 77(c)(ii), The objectives of the Commission under this Act substituted by are— No. 62/2001 s. 78. (a) to the extent that it is efficient and practicable to do so, to promote a consistent regulatory approach between the gas industry and the electricity industry; and S. 18(b) (b) to promote the development of full retail amended by No. 49/2015 competition; and s. 19(a). S. 18(c) (c) to promote protections for customers, inserted by No. 49/2015 including in relation to assisting customers s. 19(b). who are facing payment difficulties. S. 19 * * * * * repealed by No. 23/2009 s. 25. Authorised by the Chief Parliamentary Counsel 18 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry Part 3—Regulation of gas industry Division 1—Regulation of tariffs and charges 20 Wimmera and Colac Tariff Order S. 20 (Heading) substituted by No. 25/2004 s. 11(1). (1) The Wimmera and Colac Tariff Order cannot be S. 20(1) amended by amended except as provided by this section. No. 25/2004 s. 11(2). (2) The Governor in Council may, by Order, revoke S. 20(2) amended by the Wimmera and Colac Tariff Order. No. 25/2004 s. 11(3). (3) The Governor in Council may, by Order, amend S. 20(3) amended by the Wimmera and Colac Tariff Order to insert No. 25/2004 specified metering and data collection and s. 11(3). processing services as excluded services for the purposes of the Order. (4) The Governor in Council may, by Order, amend a Tariff Order from time to time so as to extend the application of the Order to additional retailers and additional gas distribution companies. (5) The Wimmera and Colac Tariff Order may confer S. 20(5) amended by functions and powers on the ACCC or the Nos 62/2001 Commission relating to the regulation of tariffs s. 77(c)(ii), 25/2004 and charges under the Order. s. 11(2). * * * * * S. 20(6) amended by No. 25/2004 s. 11(3), repealed by No. 30/2008 s. 41(2). Authorised by the Chief Parliamentary Counsel 19 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (7) An Order under subsection (2), (3) or (4) must be published in the Government Gazette. S. 20(8) (8) An Order under subsection (1) has effect as from amended by No. 62/2001 the date specified in the Order. s. 77(c)(ii), substituted by No. 75/2004 s. 331. S. 20(8A) * * * * * inserted by No. 75/2004 s. 33, repealed by No. 41/2021 s. 56. S. 20(9) (9) If a provision of the Wimmera and Colac Tariff amended by No. 25/2004 Order ceases to have effect, the remaining s. 11(3). provisions of that Order continue to have effect, subject to that Order and this Act, according to their tenor and so to have effect, subject to that Order and this Act, as if— (a) references in those provisions to a provision that has ceased to have effect were a reference to that provision as in force immediately before it ceased to have effect; and (b) words and expressions used in those provisions that were defined by the provision that has ceased to have effect continue to have the same respective meanings as before the provision ceased to have effect. S. 20(10) (10) In this section Wimmera and Colac Tariff Order inserted by No. 25/2004 means the Wimmera and Colac Gas Supply Tariff s. 11(4). Order 1998 published in the Government Gazette on 17 December 1998 as that Order is amended and in force from time to time. Authorised by the Chief Parliamentary Counsel 20 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry 20A Powers in relation to price regulation S. 20A inserted by For the purposes of Part 3 of the Essential No. 25/2004 Services Commission Act 2001, the power s. 12, amended by to regulate prescribed prices in respect of No. 30/2008 prescribed goods and services is conferred on the s. 41(3), repealed by Commission in respect of tariffs for the sale of gas No. 59/2008 regulated by Order under section 21, to the extent s. 29, new s. 20A specified in such an Order. inserted by No. 6/2019 s. 10. 21 Regulation of tariffs for prescribed customers (1) The Governor in Council, on the recommendation S. 21(1) amended by of the Minister, may, by Order published in the No. 6/2019 Government Gazette, regulate, in such manner s. 11(1). and in relation to such period as the Governor in Council thinks fit, tariffs for the sale of gas to prescribed customers or a class of prescribed customers. (1A) The Minister may make a recommendation under S. 21(1A) inserted by subsection (1)— No. 59/2008 s. 21(1), (a) if, under an MCE directed retail competition substituted by No. 6/2019 review, the AEMC— s. 11(2). (i) concludes that competition in a market for gas is not effective; and (ii) recommends, in accordance with the MCE's written direction for that review, that price controls on prices for retail gas services be (as the case requires) retained or reintroduced; or (b) if the Commission makes a recommendation in a report under section 10AAB of the Essential Services Commission Act 2001 that price controls on prices for retail gas services be (as the case requires) retained or reintroduced. Authorised by the Chief Parliamentary Counsel 21 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry S. 21(1B) (1B) In addition, the Minister may make a inserted by recommendation under subsection (1) on the No. 6/2019 s. 11(2). basis of any other information available to the Minister, including information made available to the Minister before the commencement of this subsection. S. 21(1C) (1C) Before making a recommendation under inserted by No. 6/2019 subsection (1), the Minister must consult s. 11(2). the Premier and the Treasurer. (2) Without limiting the generality of subsection (1), the manner may include— (a) fixing the tariff or the rate of increase or decrease in the tariff; (b) fixing a maximum tariff or maximum rate of increase or minimum rate of decrease in the maximum tariff; (c) fixing an average tariff or an average rate of increase or decrease in the average tariff; (d) specifying policies and principles for fixing tariffs; (e) specifying a tariff determined by reference to a general price index, the cost of production, a rate of return on assets employed or any other specified factor; (f) specifying a tariff determined by reference to any one or more of the following— (i) a prescribed customer or class of prescribed customers; (ii) a person or a class of persons authorised to sell gas; (iii) the purpose for which the gas is used; (iv) the quantity of gas used; (v) the period of use; Authorised by the Chief Parliamentary Counsel 22 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (vi) the place of supply; (vii) any other specified factor relevant to the sale of gas. (2AA) Without limiting the generality of subsection (1), S. 21(2AA) inserted by an Order under that subsection may— No. 6/2019 s. 11(3). (a) prohibit or exclude any specified cost, matter or thing from being had regard to by the Commission in making a decision, including a price determination, in respect of any tariff for the sale of gas to prescribed customers or a class of prescribed customers; and (b) regulate the offer, or the giving, of a discount or other benefit to prescribed customers or a class of prescribed customers, including— (i) the maximum amount or value of a discount or other benefit that may be offered or given to prescribed customers or a class of prescribed customers; and (ii) the periods when a discount or other benefit may be offered or given to prescribed customers or a class of prescribed customers. (2A) Without limiting the generality of subsection (1), S. 21(2A) inserted by in determining the manner tariffs for the sale of No. 59/2008 gas to prescribed customers or a class of s. 21(2), amended by prescribed customers are to be regulated, the No. 6/2019 Governor in Council may have regard to the s. 11(4). tariffs paid or payable by the prescribed customers or a class of prescribed customers. Authorised by the Chief Parliamentary Counsel 23 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry S. 21(3) (3) An Order under subsection (1) may— amended by Nos 62/2001 (a) direct the Commission to make a decision, s. 77(c)(ii)(d), including a price determination, in respect of 75/2004 s. 34(1), any factors and matters, or in accordance substituted by with any procedures, matters or bases, that No. 6/2019 s. 11(5). are specified in the Order; and (b) direct the Commission to make amendments to any instrument made by the Commission to give effect to any matter specified in the Order; and (c) confer powers and functions on, and leave any matter to be decided by, the Commission; and (d) include saving and transitional provisions. S. 21(3A) (3A) An Order under subsection (1) may— inserted by No. 6/2019 s. 11(5). (a) be of general or limited application; (b) differ according to differences in time, place and circumstances. S. 21(3B) (3B) An Order under subsection (1) has effect inserted by No. 6/2019 according to its tenor despite anything to s. 11(5). the contrary in any agreement or contract. S. 21(4) (4) An Order under subsection (1) has effect as from amended by No. 62/2001 the date specified in the Order. s. 77(c)(ii), substituted by No. 75/2004 s. 34(2). S. 21(4A) * * * * * inserted by No. 75/2004 s. 34(2), amended by No. 6/2019 s. 11(6), repealed by No. 41/2021 s. 57. Authorised by the Chief Parliamentary Counsel 24 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (5) The Governor in Council may, by Order published in the Government Gazette, declare that a person or class of persons specified in the Order is, for the purposes of this section, a prescribed customer or class of prescribed customers. (6) In this section— MCE directed retail competition review means an S. 21(6) def. of MCE directed MCE directed review (within the meaning of retail the National Gas (Victoria) Law) under competition review section 79(1)(e) of that Law; inserted by No. 59/2008 s. 21(3)(b). prescribed customer means a person, or a member S. 21(6) def. of prescribed of a class of persons, to whom an Order customer under subsection (5) applies; amended by No. 59/2008 s. 21(3)(a). price determination means a determination under S. 21(6) def. of price section 33 of the Essential Services determination Commission Act 2001. inserted by No. 6/2019 s. 11(7)(a). * * * * * S. 21(6) def. of review period inserted by No. 59/2008 s. 21(3)(b), repealed by No. 6/2019 s. 11(7)(b). * * * * * S. 21(7) amended by No. 40/2003 s. 3, substituted by No. 91/2004 s. 16, amended by No. 55/2007 s. 16, repealed by No. 59/2008 s. 21(4). Authorised by the Chief Parliamentary Counsel 25 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry Division 2—Licences 22 Offence to distribute or retail gas without licence S. 22(1) (1) A person must not provide services (other than the amended by Nos 62/2001 sale of gas by retail) by means of a distribution s. 77(c)(ii), pipeline, either as principal or agent, unless the 41/2021 s. 58(1). person— (a) is the holder of a licence authorising that person to provide those services; or S. 22(1)(b) (b) is exempt from the requirement to obtain a amended by No. 33/2021 licence in respect of those services because s. 14(1)(a). of an Order under section 24; or S. 22(1)(c) (c) is the holder of a trial waiver in respect of inserted by No. 33/2021 the provision of those services. s. 14(1)(b). * * * * * S. 22(2) (2) A person must not engage in the sale of gas by amended by Nos 62/2001 retail, either as principal or agent, unless the s. 77(c)(ii), person— 41/2021 s. 58(1). (a) is the holder of a licence authorising the sale of gas by retail; or S. 22(2)(b) (b) is exempt from the requirement to obtain a amended by No. 33/2021 licence in respect of the sale of gas by retail s. 14(2)(a). because of an Order under section 24; or S. 22(2)(c) (c) is the holder of a trial waiver in respect of inserted by No. 33/2021 the sale of gas by retail. s. 14(2)(b). * * * * * S. 22(3) (3) A person who contravenes subsection (1) or (2) inserted by No. 41/2021 commits an offence against that subsection and is s. 58(2). liable to a penalty not exceeding 1200 penalty units and 120 penalty units for each day after the day on which a notice of contravention of that subsection is served on the person by the Commission. Authorised by the Chief Parliamentary Counsel 26 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (4) Subsections (1) and (2) are civil penalty S. 22(4) requirements for the purposes of the Essential inserted by No. 41/2021 Services Commission Act 2001. s. 58(2). Note Note to s. 22 inserted by For matters relating to contraventions of provisions that are No. 41/2021 offences and civil penalty requirements, see Subdivision 4 of s. 58(2). Division 1 of Part 7 of the Essential Services Commission Act 2001. * * * * * S. 23 amended by No. 62/2001 s. 77(c)(ii), repealed by No. 55/2007 s. 30. 24 Exemptions (1) The Governor in Council, by Order published in S. 24(1) substituted by the Government Gazette, may exempt— No. 23/2009 s. 26. (a) a person from the requirement to obtain a licence in respect of the activity specified in the Order; or (b) a person from the requirement to obtain registration under section 91BJ or 91LB of the National Gas (Victoria) Law. (2) An Order under subsection (1)(a) may— S. 24(2) substituted by No. 3/2014 (a) be of general or specific application; and s. 16. (b) differ according to differences in time, place and circumstances; and (c) apply, adopt or incorporate wholly or partially or as published or amended by the Order, the provisions of any document, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether— Authorised by the Chief Parliamentary Counsel 27 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (i) as formulated, issued, prescribed or published at the time the Order is made or at any time before the Order is made; or (ii) as amended from time to time; and (d) include terms, conditions and limitations that are the same as some or all of the conditions that apply to a licence; and (e) be subject to such terms, conditions and limitations as are specified in the Order; and (f) direct the Commission to make amendments to any instrument made by the Commission to give effect to any matter specified in the Order; and (g) include saving and transitional provisions; and (h) have effect according to its tenor despite anything to the contrary in any agreement or contract; and (i) have effect despite anything to the contrary in section 21; and (j) confer powers and functions on, and leave any matter to be decided by, the Commission. S. 24(3) * * * * * repealed by No. 3/2014 s. 16. S. 24(4) * * * * * amended by Nos 62/2001 s. 77(c)(ii), 75/2004 s. 35, repealed by No. 3/2014 s. 16. Authorised by the Chief Parliamentary Counsel 28 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry 25 Application for licence (1) A person may apply to the Commission for the S. 25(1) amended by issue of a licence— No. 62/2001 s. 77(c)(ii). (a) authorising the person to provide services by means of a distribution pipeline; or (b) authorising the person to sell gas by retail; or (c) authorising the person to engage in providing services as a market participant by means of an underground storage facility. (2) An application must be in a form approved by the S. 25(2) amended by Commission and accompanied by such documents Nos 62/2001 as may be required by the Commission. s. 77(c)(ii), 75/2004 s. 36. (3) An application must be accompanied by the S. 25(3) amended by application fee (if any) fixed by the Commission. No. 62/2001 s. 77(c)(ii). 26 Grant or refusal of application S. 26 (Heading) amended by No. 75/2004 s. 37(1). (1) The Commission may grant or refuse an S. 26(1) amended by application for the issue of a licence for any No. 62/2001 reason it considers appropriate, having regard to ss 77(c)(i), 79(1). the objectives of the Commission under this Act and under the Essential Services Commission Act 2001. (2) The Commission must publish a notice in a daily S. 26(2) amended by newspaper generally circulating in Victoria— No. 62/2001 s. 77(c)(i). (a) specifying that an application for a licence S. 26(2)(a) amended by in respect of the relevant activity has been No. 62/2001 lodged with the Commission by the person s. 77(c)(ii). specified in the notice; and Authorised by the Chief Parliamentary Counsel 29 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry S. 26(2)(b) (b) inviting interested persons to make amended by submissions to the Commission in respect of No. 62/2001 s. 77(c)(ii). the application within the period and in the manner specified in the notice. S. 26(3) (3) Subject to this section and any requirements amended by Nos 62/2001 specified in regulations made for the purposes of s. 77(c)(ii), this section under section 236, the Commission 75/2004 s. 37(2). may decide the procedures that are to apply in respect of the issue of licences. S. 26(4) (4) The Commission must notify an applicant in amended by No. 62/2001 writing of its decision to grant or refuse to grant s. 77(c)(i). the application and, in the case of a decision to refuse to grant the application, of the reasons for its decision. 27 Grant of licence for exclusive franchise S. 27(1) (1) The Commission, under section 26, may grant an amended by No. 62/2001 application for a licence— s. 77(c)(i). (a) to provide services by means of a distribution pipeline in a particular area on an exclusive basis; or (b) to sell gas by retail in a particular area on an exclusive basis. S. 27(2) (2) The Commission, under section 38, may vary a amended by No. 62/2001 licence to permit the licensee— s. 77(c)(i). (a) to provide services by means of a distribution pipeline in a particular area on an exclusive basis; or (b) to sell gas by retail in a particular area on an exclusive basis. S. 27(3) (3) The Commission may only grant an application amended by No. 62/2001 for a licence of a kind referred to in subsection (1) s. 77(c)(i). in accordance with the criteria determined by Order under this section for the grant of a licence. Authorised by the Chief Parliamentary Counsel 30 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (4) The Commission may only vary a licence for a S. 27(4) purpose referred to in subsection (2) in accordance amended by No. 62/2001 with the criteria determined by Order under this s. 77(c)(i). section for the variation of a licence. (5) If— (a) an application for a licence to provide services by means of a distribution pipeline is granted, in accordance with this section, in relation to a particular area; or (b) a licence is varied to permit the provision of services by means of a distribution pipeline in a particular area on an exclusive basis— then for the period specified in the licence, no other licensee is authorised to provide those services in that area. (6) If— (a) an application for a licence to sell gas by retail is granted in accordance with this section in relation to a particular area; or (b) a licence is varied to permit the sale of gas by retail in a particular area on an exclusive basis— then for the period specified in the licence no other licensee is authorised under this Act to sell gas by retail in that area. (7) Subsections (5) and (6) apply despite anything to the contrary in any licence granted before, on or after the commencement of this section and any such licence is deemed to be modified accordingly. (8) The Governor in Council, by Order published in the Government Gazette, may determine the criteria for— Authorised by the Chief Parliamentary Counsel 31 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (a) the grant of an application for a licence of a kind referred to in subsection (1)(a) or (b); or (b) the variation of a licence of a kind referred to in subsection (2)(a) or (b). (9) The criteria specified in an Order under subsection (8) must not be inconsistent with any relevant criteria contained in the Natural Gas Pipelines Access Agreement dated 7 November 1997 and made between the Commonwealth, the States of New South Wales, Victoria, Queensland, South Australia, Western Australia and Tasmania, and the Australian Capital Territory and the Northern Territory as that agreement is amended and in effect from time to time. 28 Provisions relating to licences S. 28(1) (1) A licence is to be issued for such term (if any) as amended by Nos 62/2001 is decided by the Commission and is specified in s. 77(c)(ii), the licence. 75/2004 s. 38. S. 28(2) (2) A licence is subject to such conditions as are amended by Nos 62/2001 decided by the Commission. s. 77(c)(ii), 75/2004 s. 38. Note to Note s. 28(2) inserted by A licence is also subject to conditions deemed under this No. 37/2020 Act to be licence conditions of the licence or to which the s. 13. licence is subject, including conditions specified by the Minister by Order under section 40A(1). (3) If a licence is issued to 2 or more persons for the purpose of the carrying on by those persons of activities authorised by the licence in partnership or as an unincorporated joint venture, the licence may include conditions relating to the carrying on of those activities in that manner. Authorised by the Chief Parliamentary Counsel 32 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (4) For the purposes of section 8(1)(k) of the S. 28(4) Personal Property Securities Act 2009 of the inserted by No. 74/2010 Commonwealth, a licence is declared not to be s. 26. personal property. 29 Specific licence conditions Without limiting the generality of section 28, the conditions on a licence may include provisions— (a) requiring the licensee to pay specified fees S. 29(a) amended by and charges in respect of the licence to the No. 62/2001 Commission; s. 77(c)(ii). (b) requiring the licensee to enter into agreements on specified terms or on terms of a specified type; (c) requiring the licensee to observe specified S. 29(c) amended by Orders in Council, industry codes, standards, Nos 62/2001 rules and guidelines with such modifications s. 77(c)(ii), 75/2004 or exemptions as may be specified by the s. 39(a). Commission; (d) in the case of a licence issued to a gas retailer, requiring the licensee to inform customers from time to time of the arrangements in place or proposed to be in place to allow them to elect to become a customer of another gas retailer; (e) in the case of a licence issued to a gas S. 29(e) amended by retailer, requiring the licensee to give notice Nos 62/2001 to customers of the existence of deemed s. 77(c)(ii), 85/2001 s. 10. contracts under section 46 and the methods by which those contracts may be terminated and requiring the gas retailer to provide cooling-off periods approved by the Commission for the termination of those contracts; (f) requiring the licensee to maintain specified accounting records and to prepare accounts according to specified principles; Authorised by the Chief Parliamentary Counsel 33 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (g) specifying requirements about the ownership of real or personal property used in or in connection with the carrying on of activities under the licence; S. 29(h) * * * * * repealed by No. 75/2004 s. 39(b). (i) preventing the licensee from engaging in or undertaking specified business activities; (j) requiring the licensee to establish and maintain separate accounts for specified business activities and to keep those activities separate from its other activities in any manner specified in the licence; (k) prohibiting the licensee from engaging in conduct of a particular kind, or for a particular purpose, or that has, or is likely to have, a particular effect; (l) restricting the classes of customers to whom the licensee may sell gas or provide services under the licence, as the case requires; (m) specifying methods or principles to be applied by the licensee in determining prices or charges; S. 29(ma) (ma) in the case of a licence issued to a gas inserted by No. 91/2004 retailer, specifying methods and principles to s. 17. be applied by the licensee in determining prices and charges for the supply of gas to bulk hot water systems and requiring the licensee to publish those prices or charges; (n) specifying methods or principles to be applied in the conduct of gas retailing or the provision of services under the licence, as the case requires; Authorised by the Chief Parliamentary Counsel 34 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (o) specifying procedures for variation or revocation of the licence; (p) specifying the procedures to apply if an administrator is appointed under section 41; (q) requiring the licensee to provide, in the S. 29(q) amended by manner and form specified by the Nos 62/2001 Commission, such information as the s. 77(c)(ii), 75/2004 Commission may from time to time require; s. 39(c). (r) subject to section 49, in the case of a licence issued to a gas retailer, requiring the licensee to enter into an agreement with the State for the provision of community services; (s) requiring the licensee to develop, issue and comply with customer-related standards, procedures, policies and practices (including with respect to the payment of compensation to customers). 30 Determination of fees and charges S. 30 substituted by Nos 62/2001 (1) For the purposes of section 29(a), the Minister, s. 80, 41/2021 after consultation with the Minister administering s. 59. the Essential Services Commission Act 2001, by notice published in the Government Gazette, may determine the fees and charges specified in respect of a licence. (2) A determination of fees and charges under this section may provide for any of the following matters— (a) specific fees and charges; (b) maximum fees and charges; (c) minimum fees and charges; (d) scales of fees and charges according to the value of the services provided for the fees and charges; Authorised by the Chief Parliamentary Counsel 35 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (e) fees and charges that vary according to different persons or classes of persons; (f) the manner of payment of fees and charges; (g) the reduction, waiver or refund, in whole or part, of the fees and charges; (h) the time or times at which fees and charges are to be paid. (3) If under subsection (2)(g) provision is made for a reduction, waiver or refund, in whole or in part, of a fee or charge, the reduction, waiver or refund may be expressed to apply— (a) either generally or specifically— (i) in respect of certain matters or transactions or classes of matters or transactions; or (ii) in respect of certain documents or classes of documents; or (iii) when an event happens; or (iv) in respect of certain persons or classes of persons; or (v) in respect of any combination of matters, transactions, documents, events or persons; and (b) subject to specified conditions or at the discretion of any specified person or body. (4) A determination under this section takes effect on the day that the notice is published in the Government Gazette under subsection (1) or on a later day specified in that notice. (5) A determination under this section ceases to have effect on whichever of the following days occurs first— (a) the day the determination is revoked; Authorised by the Chief Parliamentary Counsel 36 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (b) the day (if any) that the notice published in the Government Gazette under subsection (1) specifies as the day on which the determination ceases to have effect; (c) the day that is 10 years after the day on which the determination took effect. 31 Condition specifying industry codes, standards, rules or guidelines (1) If a licence is subject to a condition of a kind S. 31(1) amended by referred to in section 29(c), the Commission— No. 62/2001 s. 77(c)(ii). (a) may, in accordance with procedures S. 31(1)(a) amended by specified by the Commission, amend the No. 62/2001 specified industry codes, standards, rules or s. 77(c)(ii). guidelines, or a document referred to in any of them, for the purposes of their application under the licence; (b) may resolve, or seek to resolve, disputes between the licensee and any other person relating to the specified industry codes, standards, rules or guidelines, or a document referred to in any of them, as they apply under the licence. (2) If the Commission amends an industry code, S. 31(2) amended by standard, rule or guideline or a document under No. 62/2001 subsection (1), the Commission may at the same s. 77(c)(ii). time, in accordance with procedures specified by the Commission, amend that code, standard, rule, guideline or document for the purposes of their application otherwise than under the licence. Authorised by the Chief Parliamentary Counsel 37 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry 32 Condition relating to customer-related standards, procedures, policies and practices (1) If a licence is subject to a condition of a kind referred to in section 29(s)— S. 32(1)(a) (a) the Commission must monitor the licensee's amended by No. 62/2001 compliance with the customer-related s. 77(c)(ii). standards, procedures, policies and practices developed by the licensee in accordance with the condition; and S. 32(1)(b) (b) if the Commission considers that any of the amended by Nos 62/2001 customer-related standards, procedures, s. 77(c)(ii), policies and practices, or compliance by the 75/2004 s. 40(a). licensee with any of them, disadvantages, or may disadvantage, any class of its customers, or all of its customers, the Commission may require the licensee to modify or revoke any part of the standards, procedures, policies or practices that causes the disadvantage or possible disadvantage. S. 32(2) (2) The Commission, in making a requirement under amended by Nos 62/2001 subsection (1)(b), must have regard to the prices, s. 77(c)(i), risks and costs associated with or resulting from 75/2004 s. 40(b). the modification or revocation which is the subject of the requirement. S. 32(3) (3) The Commission must not make a requirement amended by Nos 62/2001 under subsection (1)(b) unless the Commission s. 77(c)(i)(ii), has given the licensee an opportunity to make 75/2004 s. 40(b). representations on the matter. S. 32(4) (4) Section 35 of the Essential Services Commission amended by Nos 62/2001 Act 2001 applies to the making of a requirement s. 77(e), under subsection (1) as if it were a determination 75/2004 s. 40(b)(c). made by the Commission under the Essential Services Commission Act 2001. Authorised by the Chief Parliamentary Counsel 38 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry 33 Condition to give information to Commission S. 33 amended by (1) A licence to sell gas by retail is taken to include a No. 62/2001 condition requiring the licensee to comply with s. 77(c)(i)(ii), repealed by this section. No. 25/2004 s. 13, new s. 33 inserted by No. 49/2015 s. 20. (2) The licensee must give to the Commission, for S. 33(2) amended by the purpose of enabling the Commission to No. 41/2021 perform its functions under Part 6A, the s. 60. information specified by the Commission in the guidelines issued under subsection (4). (3) The licensee must give to the Commission the information referred to in subsection (2) in the manner and form (including by the date or dates) specified in the guidelines issued under subsection (4). (4) The Commission must prepare and issue guidelines for the purposes of this section. Note Note to s. 33 inserted by Section 229A contains offences in relation to licensees giving No. 28/2021 information or producing documents to the Commission that are s. 25. misleading in any material particular. 34 Condition relating to advertising of enforcement S. 34 amended by action taken against licensee Nos 62/2001 s. 77, 85/2001 (1) A licence is taken to include a condition requiring ss 11, 17(1), 25/2004 s. 14, the licensee, at the direction of the Commission, 75/2004 s. 41, to publish a notice, approved by the Commission, 31/2006 s. 5, repealed by containing the things set out in subsection (2) in a No. 55/2007 daily newspaper generally circulating in Victoria s. 15, new s. 34 within the period specified by the Commission. inserted by No. 49/2015 s. 20. Authorised by the Chief Parliamentary Counsel 39 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (2) A notice published under subsection (1) must contain the following things— (a) a statement that enforcement action has been taken in respect of the licensee; (b) an explanation of the nature of the enforcement action; (c) the reason for the enforcement action; (d) the status of any proceeding commenced, or action taken, in relation to the enforcement action. (3) In this section— S. 34(3) def. of enforcement action has the same meaning as in enforcement action section 223(4). amended by No. 41/2021 s. 61. S. 35 * * * * * expired by force of No. 31/2001 s. 35(4). 36 Customer dispute resolution S. 36(1) (1) A licence to— amended by No. 62/2001 s. 77(c)(ii). (a) provide services by means of a distribution pipeline; or (b) sell gas by retail— must be issued subject to a condition requiring the licensee to enter into a customer dispute resolution scheme approved by the Commission. Authorised by the Chief Parliamentary Counsel 40 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (2) In approving a customer dispute resolution S. 36(2) scheme, the Commission must have regard to— amended by No. 62/2001 s. 77(c)(ii). (a) the objectives of the Commission under this S. 36(2)(a) amended by Act and under the Essential Services No. 62/2001 Commission Act 2001; and s. 77(c)(ii), substituted by No. 62/2001 s. 79(2). (b) the need to ensure that the scheme is accessible to the licensee's customers and that there are no cost barriers to those customers using the scheme; and (c) the need to ensure that the scheme is independent of the members of the scheme; and (d) the need for the scheme to be fair and be seen to be fair; and (e) the need to ensure that the scheme will publish decisions and information about complaints received by the scheme so as to be accountable to the members of the scheme and the customers of the scheme members; and (f) the need for the scheme to undertake regular reviews of its performance to ensure that its operation is efficient and effective. (3) The Commission may, in accordance with this S. 36(3) amended by Part, vary any existing licence to— No. 62/2001 s. 77(c)(i). (a) provide services by means of a distribution pipeline; or (b) sell gas by retail— to include a condition of a kind referred to in subsection (1). Authorised by the Chief Parliamentary Counsel 41 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry S. 36(4) (4) The Commission may in its discretion exempt a amended by licence to sell gas by retail held by a significant No. 62/2001 s. 77(c)(i). producer from the requirements of subsection (1). S. 37 * * * * * amended by No. 62/2001 ss 77(c)(i)(ii), 79(1), repealed by No. 25/2004 s. 15. 38 Variation or revocation of licence S. 38(1) (1) A licence or the Commission licence conditions amended by No. 37/2020 may be varied— s. 14(1)(a). S. 38(1)(a) (a) in accordance with the procedures specified amended by No. 37/2020 in the Commission licence conditions; or s. 14(1)(b). S. 38(1)(b) (b) by agreement between the Commission and amended by No. 62/2001 the licensee; or s. 77(c)(ii). (c) by a notice in accordance with subsection (2) served on the licensee. S. 38(2) (2) The Commission must not vary a licence or the amended by Nos 62/2001 Commission licence conditions by a notice s. 77(c)(i), unless— 37/2020 s. 14(2). S. 38(2)(a) (a) the Commission is satisfied that the variation amended by No. 62/2001 is necessary— s. 77(c)(ii). S. 38(2)(a)(i) (i) having regard to the objectives of the amended by No. 62/2001 Commission under this Act and under s. 79(1). the Essential Services Commission Act 2001; or (ii) to give effect to Division 5; and Authorised by the Chief Parliamentary Counsel 42 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (b) the Commission has given the licensee an S. 38(2)(b) opportunity to make representations on the amended by No. 62/2001 matter. s. 77(c)(ii). (2A) The Commission may vary a licence or a S. 38(2A) inserted by Commission licence condition so that the licence No. 37/2020 or condition is not inconsistent with a deemed s. 14(3). Ministerial licence condition to which the licence is subject. (2B) Subsections (1) and (2) do not apply to a variation S. 38(2B) inserted by of a licence or Commission licence condition No. 37/2020 under subsection (2A). s. 14(3). (3) The Commission may revoke a licence in S. 38(3) amended by accordance with the procedures specified in Nos 62/2001 Commission licence conditions. s. 77(c)(i), 37/2020 s. 14(4). (4) In deciding whether to revoke a licence the S. 38(4) inserted by Commission must have regard to any direction of No. 55/2010 the Minister under section 207 that is in force. s. 87. (5) Anything in the procedures specified in the S. 38(5) inserted by licence's conditions for the revocation of the No. 55/2010 licence that is inconsistent with subsection (4) is s. 87. of no effect. (6) In this section— S. 38(6) inserted by No. 37/2020 Commission licence condition means a condition s. 14(5). which has been decided by the Commission under section 28 as a condition to which a licence is subject. 38A Variation to licence conditions—contravention of S. 38A inserted by licence or Code of Practice No. 49/2015 s. 21. (1) The Commission, by written notice served on the licensee, may vary a licence or licence condition without the consent of the licensee if the licensee has contravened or is contravening a condition of the licence or a provision of a Code of Practice. Authorised by the Chief Parliamentary Counsel 43 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (2) A licence or licence condition that is varied under subsection (1) must specify the action that the licensee is required to take— (a) to rectify the contravention; and (b) to prevent any future contravention of the licence condition or provision of the Code of Practice. (3) The Commission must not vary a licence or the licence condition under this section unless the Commission has given the licensee an opportunity to make representations on the matter. S. 39 39 Gazettal requirement amended by No. 62/2001 s. 77(c)(i). The Commission must ensure that— (a) notice of the grant of a licence including— (i) the name of the licensee; (ii) the term of the licence; (iii) the place where a copy of the licence may be inspected; (b) notice of a variation or revocation under section 38— is published in the Government Gazette as soon as possible after the grant of a licence or the variation or revocation, as the case requires. 40 Transfer of licence S. 40(1) (1) The holder of a licence may apply to the amended by No. 62/2001 Commission for approval to transfer the licence. s. 77(c)(ii). S. 40(2) (2) An application must be in a form approved by the amended by Nos 62/2001 Commission and accompanied by such documents s. 77(c)(ii), as may be required by the Commission. 75/2004 s. 42(1). Authorised by the Chief Parliamentary Counsel 44 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (3) An application must be accompanied by the S. 40(3) application fee (if any) fixed by the Commission. amended by No. 62/2001 s. 77(c)(ii). (4) The Commission must publish in a daily S. 40(4) amended by newspaper generally circulating in Victoria a No. 62/2001 notice— s. 77(c)(i). (a) specifying that an application for the transfer S. 40(4)(a) amended by of the licence has been lodged with the No. 62/2001 Commission for the transfer by the holder to s. 77(c)(ii). a proposed transferee specified in the notice; and (b) inviting interested persons to make S. 40(4)(b) amended by submissions to the Commission in respect of No. 62/2001 the application within the period and in the s. 77(c)(ii). manner specified in the notice. (5) Subject to this section, the Commission may S. 40(5) amended by approve, or refuse to approve, the application for No. 62/2001 any reason it considers appropriate, having regard ss 77(c)(ii), 79(1). to the objectives of the Commission under this Act and under the Essential Services Commission Act 2001. (6) The Commission may decide that, upon the S. 40(6) amended by transfer of the licence under this section, the Nos 62/2001 conditions to which the licence is subject are s. 77(c)(i)(ii), 75/2004 varied as decided by the Commission. s. 42(2)(3). (7) Subject to this section and any requirements S. 40(7) amended by specified in regulations made for the purposes of No. 62/2001 this section under section 236, the Commission s. 77(c)(ii), 75/2004 may decide the procedures that are to apply in s. 42(2). respect of the transfer of a licence. (8) The Commission must notify an applicant in S. 40(8) amended by writing of its decision to approve or refuse to No. 62/2001 approve the application and, in the case of a s. 77(c)(i). decision to refuse to approve the application, of the reasons for its decision. Authorised by the Chief Parliamentary Counsel 45 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry S. 40(9) (9) The Commission must ensure that notice of the amended by approval for the transfer of a licence is published No. 62/2001 s. 77(c)(i). in the Government Gazette as soon as possible after the decision to approve the transfer is made. S. 40A 40A Ministerial licence conditions inserted by No. 37/2020 s. 15. (1) Despite anything to the contrary in this Division but subject to sections 40B to 40F, the Minister, by Order published in the Government Gazette, may do any one or more of the following— (a) specify, as the Minister thinks fit, a condition to which a particular licence, or a specified class of licence, is to be subject; (b) vary, as the Minister thinks fit, a condition specified under paragraph (a); (c) revoke, as the Minister thinks fit, a condition specified under paragraph (a), including a condition that has been varied under paragraph (b). (2) In making an Order under subsection (1), the Minister— (a) must have regard to— (i) any significant costs and benefits for an affected licensee or any other person that the Minister considers are likely to arise out of the making of the Order; and (ii) any written representations made to the Minister by an affected licensee in accordance with a notice given to the affected licensee under section 40D; and (b) may have regard to any other matter that the Minister considers relevant. Authorised by the Chief Parliamentary Counsel 46 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry 40B Contents of Ministerial licence conditions S. 40B inserted by (1) Without limiting section 40A(1), a Ministerial No. 37/2020 licence condition may include provisions in s. 15. relation to any matter for which a licence condition may include provisions under section 29 (except section 29(a), (o) and (p)) (the applied provisions). (2) For the purposes of subsection (1), a reference in the applied provisions to the Commission is to be read as a reference to the Commission or the Minister. (3) In addition, a Ministerial licence condition may— (a) be of general or limited application; (b) differ according to differences in time, place and circumstances; (c) apply, adopt or incorporate wholly or partially or as amended by the Ministerial licence condition, the provisions of any document, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether— (i) as formulated, issued, prescribed or published at the time the Ministerial licence condition takes effect or at any time before the Ministerial licence condition takes effect; or (ii) as amended from time to time; (d) confer powers and functions on, and leave any matter to be decided by, the Commission. Authorised by the Chief Parliamentary Counsel 47 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry S. 40C 40C Consultation with Ministers inserted by No. 37/2020 Before making an Order under section 40A(1), the s. 15. Minister must consult— (a) the Premier; and (b) the Treasurer; and (c) the Minister administering the Essential Services Commission Act 2001, if the Minister is not the Premier or Treasurer. S. 40D 40D Consultation with affected licensees in certain cases inserted by No. 37/2020 s. 15. (1) Before making an Order pursuant to section 40A(1)(a) or (b), the Minister must give an affected licensee notice of the Minister's intention to make the Order. (2) For the purposes of subsection (1), a notice under that subsection must, as the case requires— (a) set out the condition which is proposed to be specified under the Order as the condition to which the licence held by the affected licensee is to be subject; or (b) set out the variation proposed under the Order to the Ministerial licence condition to which the licence held by the affected licensee is subject. (3) In addition, a notice under subsection (1) must state that the affected licensee may make written representations on the matter within— (a) the period specified in the notice (which must not be less than 14 days after the affected licensee is given notice in accordance with this section); or (b) any other period that the Minister and the affected licensee agree on. Authorised by the Chief Parliamentary Counsel 48 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (4) For the purposes of this section, notice is to be given to an affected licensee as follows— (a) by notice published in the Government Gazette or in writing to the affected licensee, if the Minister is proposing to make an Order under section 40A(1) that— (i) specifies a condition to which a specified class of licence is to be subject and the affected licensee is a holder of a licence of that class; or (ii) varies a Ministerial licence condition to which a specified class of licence is subject and the affected licensee is a holder of a licence of that class; (b) in writing to the affected licensee, if the Minister is proposing to make an Order under section 40A(1) that— (i) specifies a condition to which only the licence held by the affected licensee is to be subject; or (ii) varies a Ministerial licence condition to which only the licence held by the affected licensee is subject. 40E Notification of the Commission S. 40E inserted by No. 37/2020 The Minister must give the Commission a copy of s. 15. a notice under section 40D as soon as practicable after the notice is given to an affected licensee under that section. 40F No consultation for proposed Order in certain cases S. 40F inserted by No. 37/2020 Sections 40C and 40D do not apply if the Order s. 15. that the Minister proposes under section 40A(1) is an Order— Authorised by the Chief Parliamentary Counsel 49 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (a) to vary a Ministerial licence condition to correct a clerical mistake or an error arising from an accidental slip or omission; or (b) to revoke a Ministerial licence condition. S. 40G 40G Minister to notify Commission of making of Order inserted by No.37/2020 under section 40A(1) s. 15. The Minister, as soon as practicable after making an Order under section 40A(1), must notify the Commission of the making of the Order. S. 40H 40H Licences are taken to be subject to Ministerial inserted by No. 37/2020 licence conditions s. 15. (1) A licence is taken to be subject to an applicable Ministerial licence condition on— (a) the day on which the Order under which the applicable Ministerial licence condition is specified (the applicable Order) is published in the Government Gazette; or (b) if the applicable Order specifies a day after the day on which the applicable Order is published in the Government Gazette as the day on which the licence is to be subject to the condition—that day. (2) A licence is taken to be subject to an applicable Ministerial licence condition as varied under an Order under section 40A(1) on— (a) the day on which the Order under which the applicable Ministerial licence condition is varied (the applicable Order) is published in the Government Gazette; or (b) if the applicable Order specifies a day after the day on which the Order is published in the Government Gazette as the day on which the applicable Ministerial licence condition is varied—that day. Authorised by the Chief Parliamentary Counsel 50 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry 40I Inconsistency between Ministerial licence conditions S. 40I and Commission licence conditions inserted by No. 37/2020 A condition decided by the Commission under s. 15. section 28 as a condition to which a licence is subject, or a provision of an instrument made by the Commission that applies to a licensee under a condition to which the licensee's licence is subject, is of no effect to the extent that the condition or instrument is inconsistent with a deemed Ministerial licence condition. Division 3—Appointment of administrator 41 Appointment of administrator (1) This section applies if the Commission considers S. 41(1) amended by that— No. 62/2001 s. 77(c)(ii). (a) a contravention by a licensee of the licence conditions threatens the security of the gas supply; and (b) any other remedies to enforce compliance are not adequate. (2) The Commission may appoint an administrator to S. 41(2) amended by the business in respect of which the licence is No. 62/2001 issued. s. 77(c)(i). (3) The administrator has such functions and powers in relation to the business in respect of which the licence is issued as are specified in the appointment of the administrator. (4) Unless sooner revoked by the Commission, the S. 41(4) amended by appointment of an administrator has effect for a No. 62/2001 period of 28 days but the appointment may be s. 77(c)(ii). renewed for a further period or periods, each period not exceeding 28 days. (5) The terms and conditions (including S. 41(5) amended by remuneration) of appointment of the administrator Nos 62/2001 are to be decided by the Commission. s. 77(c)(ii), 75/2004 s. 43. Authorised by the Chief Parliamentary Counsel 51 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry S. 41A 41A Corporations Act displacement inserted by No. 51/2012 This Division is declared to be a Corporations s. 6. legislation displacement provision for the purposes of section 5G of the Corporations Act in relation to the provisions of Chapter 2D and Chapter 5 of that Act. Note Section 5G of the Corporations Act provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency. Division 4—Terms and conditions of sale and supply of gas S. 42 42 Offer to domestic or small business customers (Heading) (licensee standing offers) amended by No. 59/2008 s. 22(1). S. 42(1) (1) Without limiting the generality of section 28, the amended by No. 6/2019 conditions to which a licence to sell gas by retail, s. 12(1). being a licence under which gas may be sold to domestic or small business customers, is subject, include a condition requiring the licensee to offer to supply and sell gas to domestic or small business customers, subject to this section and to any Order in force under section 21 or a price determination in force under such an Order and to the conditions of its licence— S. 42(1)(a) (a) at tariffs fixed under an Order in force under amended by No. 55/2007 section 21 or determined under a price s. 32, determination in force under such an Order substituted by No. 28/2021 or, if there are no such tariffs, at tariffs s. 28. determined by the licensee and published by Authorised by the Chief Parliamentary Counsel 52 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry the licensee in the Government Gazette at least one month before they take effect; and (b) on terms and conditions determined by the S. 42(1)(b) amended by licensee and approved by the Commission Nos 62/2001 and published by the licensee in the s. 77(c)(ii), 55/2007 s. 32. Government Gazette at least one month before they take effect. (2) The terms and conditions determined by the S. 42(2) amended by licensee for the purposes of subsection (1) must Nos 62/2001 not be inconsistent with the terms and conditions s. 77(c)(ii), 75/2004 s. 44, decided by the Commission under section 43(1) or substituted by a provision of a Code of Practice. No. 39/2005 s. 56(1), amended by No. 41/2021 s. 62. (3) Subject to subsections (3A) and (3E) to (3G) and S. 42(3) amended by to any Order in force under section 21 or a price Nos 55/2007 determination in force under such an Order, the s. 32, 59/2008 s. 22(2), tariffs determined by a licensee and published in 49/2015 the Government Gazette under subsection (1) may s. 22(1), 6/2019 be varied by notice published by the licensee in s. 12(2). the Government Gazette not less than one month before the variation is to take effect. (3A) Subject to subsection (3AB), a licensee must not S. 42(3A) inserted by vary tariffs under subsection (3) that have been in No. 59/2008 effect for less than— s. 22(3), substituted by No. 6/2019 (a) the period (not exceeding 12 months) s. 12(3). determined by the Commission; or (b) if no period is determined under paragraph (a)—6 months. (3AB) Subsection (3A) does not apply if— S. 42(3AB) inserted by No. 6/2019 (a) the variation is necessary to comply with an s. 12(3). Order in force under section 21 or a price determination in force under such an Order; or Authorised by the Chief Parliamentary Counsel 53 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry S. 42(3AB)(ab) (ab) the variation is necessary to comply with an inserted by Order in force under subsection (3AC); or No. 28/2020 s. 8(1). (b) the Commission, being satisfied that there are special circumstances, exempts the licensee from compliance with that subsection. S. 42(3AC) (3AC) The Minister, by Order published in the inserted by No. 28/2020 Government Gazette, may, as a consequence of s. 8(2). the enactment of Division 2 of Part 7 of the National Gas (Victoria) Act 2008 and any variations made to an applicable 2018–2022 access arrangement under that Division— (a) direct a licensee to vary tariffs under subsection (3) as specified under the Order; and (b) specify the period within which the tariffs must be varied. S. 42(3AD) (3AD) Without limiting subsection (3AC)(a), a direction inserted by No. 28/2020 under an Order under subsection (3AC) may s. 8(2). specify principles, a formula or methodology in accordance with which tariffs must be varied. S. 42(3B) (3B) The Minister, by Order published in the inserted by No. 49/2015 Government Gazette, may specify either or both s. 22(2). of the following— (a) a date on which, or period within which, licensees may publish a notice referred to in subsection (3); (b) a date on which, or period within which, tariffs varied in accordance with subsection (3) must take effect. S. 42(3C) (3C) A date specified in an Order made in the exercise inserted by No. 49/2015 of the power under subsection (3B)(b) may be a s. 22(2). date that is less than one month before tariffs Authorised by the Chief Parliamentary Counsel 54 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry varied in accordance with subsection (3) would otherwise take effect. (3D) A period specified in an Order made in the S. 42(3D) inserted by exercise of the power under subsection (3B)(b) No. 49/2015 may end on a day that is less than one month s. 22(2). before tariffs varied in accordance with subsection (3) would otherwise take effect. (3E) If an Order made in the exercise of the power S. 42(3E) inserted by under subsection (3B)(a) is in effect, a licensee No. 49/2015 must not vary the tariffs under subsection (3) s. 22(2). unless the notice referred to in subsection (3) is published on the date or within the period specified in the Order (as the case requires). (3F) If an Order made in the exercise of the power S. 42(3F) inserted by under subsection (3B)(b) is in effect and the No. 49/2015 Order specifies a date on which tariffs varied in s. 22(2). accordance with subsection (3) must take effect, the tariffs take effect on the date specified in the Order. (3G) If an Order made in the exercise of the power S. 42(3G) inserted by under subsection (3B)(b) is in effect and the No. 49/2015 Order specifies a period within which tariffs s. 22(2). varied in accordance with subsection (3) must take effect and the date specified in a notice under subsection (3) is within that period, the tariffs take effect on that date. (4) The terms and conditions determined by a licensee S. 42(4) amended by and published in the Government Gazette under Nos 62/2001 subsection (1) may, with the approval of the s. 77(c)(ii), 59/2008 Commission, be varied by notice published by the s. 22(4). licensee in the Government Gazette not less than one month before the variation is to take effect. (4A) A person who is a domestic or small business S. 42(4A) inserted by customer may accept an offer by a licensee under No. 91/2004 this section even if the person was previously a s. 18(1). party to a contract for the supply or sale of gas on Authorised by the Chief Parliamentary Counsel 55 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry different terms and conditions with the same licensee or another licensee. (5) The Governor in Council may, by Order published in the Government Gazette, declare that a person or class of persons specified in the Order is, for the purposes of this section, a domestic or small business customer or class of domestic or small business customers. (6) An Order under subsection (5) may specify a class of persons by reference to all or any of the following— (a) the person authorised to sell the gas; (b) the purpose for which the gas is used; (c) the quantity of gas used; (d) the period of use; (e) the place of supply; (f) any other specified factor relevant to the sale of gas. S. 42(7) (7) An Order under subsection (5) may confer powers amended by Nos 62/2001 and functions on, and leave any matter to be s. 77(c)(ii), decided by, the Commission. 75/2004 s. 44. S. 42(7A) (7A) Section 81 of the Australian Consumer Law inserted by No. 30/2003 (Victoria) does not apply to the amendment of an s. 87, agreement for the sale and supply of gas that is the substituted by Nos 106/2003 result of a variation under subsection (3) or (4) if s. 26(1), the agreement is an unsolicited consumer 72/2010 s. 48(Sch. agreement. item 12(1)). Authorised by the Chief Parliamentary Counsel 56 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (7B) Sections 78(2), 83, 84 and 85 of the Australian S. 42(7B) Consumer Law (Victoria) do not apply to a inserted by No. 106/2003 contract for the supply or sale of gas to a domestic s. 26(1), or small business customer. amended by No. 72/2010 s. 48(Sch. item 12(3)). (7C) Section 82 of the Australian Consumer Law S. 42(7C) inserted by (Victoria) does not apply to a contract for the No. 106/2003 supply or sale of gas to a domestic or small s. 26(1), amended by business customer unless the terms and conditions No. 72/2010 determined for the purpose of subsection (1) s. 48(Sch. item 12(4)). (in compliance with subsection (2)) require the inclusion of a cooling-off period in that contract. (7D) If section 82(3)(b) of the Australian Consumer S. 42(7D) inserted by Law (Victoria) applies to a contract for the supply No. 106/2003 or sale of gas to a domestic or small business s. 26(1), amended by customer then, for the purposes of that subsection, No. 72/2010 the domestic or small business customer is s. 48(Sch. item 12(5)). deemed to have received the document evidencing the contract and the notice on the day on which the licensee is taken under that contract to have given the document and notice to the customer. (8) In this section— applicable 2018–2022 access arrangement has S. 42(8) def. of applicable the same meaning as in section 61(1) of the 2018–2022 National Gas (Victoria) Act 2008; access arrangement inserted by No. 28/2020 s. 8(3). Authorised by the Chief Parliamentary Counsel 57 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry S. 42(8) def. of cooling-off period means a period within which a cooling-off person is entitled under a contract to cancel period inserted by the contract; No. 106/2003 s. 26(2), amended by Nos 59/2008 s. 22(5)(a), 72/2010 s. 48(Sch. item 12(2)(a)). S. 42(8) def. of * * * * * domestic or small business customer repealed by No. 59/2008 s. 22(5)(b). S. 42(8) def. of price determination means a determination price determination under section 33 of the Essential Services inserted by Commission Act 2001; No. 6/2019 s. 12(4). S. 42(8) def. of unsolicited consumer agreement has the same unsolicited consumer meaning as in section 69 of the Australian agreement Consumer Law (Victoria). inserted by No. 72/2010 s. 48(Sch. item 12(2)(b)). S. 42(9) * * * * * amended by Nos 40/2003 s. 4, 91/2004 s. 18(2), 55/2007 s. 17, repealed by No. 59/2008 s. 22(6). S. 42A 42A Licensee standing offer tariffs to be given to inserted by No. 59/2008 Commission s. 23, amended by Without limiting the generality of section 28, the No. 28/2015 s. 5(a). conditions to which a licence to sell gas by retail, being a licence under which gas may be sold to Authorised by the Chief Parliamentary Counsel 58 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry domestic or small business customers, is subject, include a condition requiring the licensee— (a) to, as soon as practicable after the licensee S. 42A(a) substituted by publishes tariffs in accordance with No. 28/2015 section 42, input those tariffs into an Internet s. 5(b). site nominated by the Minister so that the tariffs are able to be published on the Internet; and (b) if an Internet site has not been nominated S. 42A(b) substituted by by the Minister for the purposes of No. 28/2015 paragraph (a), to, on the same day the s. 5(b). licensee publishes tariffs in accordance with section 42— (i) give a copy of those tariffs to the Commission; and (ii) inform the Commission, in writing, of the day those tariffs take effect. 42B Commission must publish on Internet licensee S. 42B inserted by standing offer tariffs No. 59/2008 s. 23, The Commission must publish on its Internet site substituted by No. 28/2015 tariffs it is given under section 42A(b) on the day s. 6. those tariffs take effect. 42C Internet publication and bill notification of licensee S. 42C inserted by standing offers No. 59/2008 s. 23. (1) Without limiting the generality of section 28, the conditions to which a licence to sell gas by retail, being a licence under which gas may be sold to domestic or small business customers, is subject, include a condition requiring the licensee to— (a) publish, in accordance with guidelines issued under subsection (2), on the licensee's Internet site details of licensee standing offers that are in effect; and Authorised by the Chief Parliamentary Counsel 59 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry S. 42C(1)(b) (b) notify, in writing, a domestic or small amended by business customer of the licensee standing No. 57/2009 s. 17. offer that is in effect and that applies to gas sold to that customer at any time before or in or with the customer's first gas bill after that licensee standing offer has taken effect. (2) The Commission must prepare and issue guidelines for the purposes of this section specifying— (a) the manner of publication of details of licensee standing offers that are in effect, including the accessibility of those licensee standing offers on a licensee's Internet site; and (b) the nature of the details to be published; and (c) any other matters that the Commission considers relevant. 42D Required tariff information and licensee contact S. 42D (Heading) information to be published in newspaper and amended by Government Gazette No. 49/2015 s. 23(1). S. 42D inserted by No. 59/2008 s. 23. (1) Without limiting the generality of section 28, the S. 42D(1) amended by conditions to which a licence to sell gas by retail, No. 49/2015 being a licence under which gas may be sold to s. 23(2). domestic or small business customers, is subject, include a condition requiring the licensee to, on the required day, publish in a newspaper circulating generally throughout Victoria and in the Government Gazette— (a) required tariff information; and (b) the licensee's contact information. Authorised by the Chief Parliamentary Counsel 60 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (2) In this section— licensee's contact information means all of the following information— (a) the licensee's telephone number; (b) the licensee's fax number; (c) the licensee's postal address; (d) the Internet address of the licensee's Internet site; required day means the day the licensee varies a tariff or tariffs for the supply and sale of gas by notice published in the Government Gazette in accordance with section 42(3); required tariff variation information means— (a) tariff variation information; and (b) the date a tariff or tariffs varied in accordance with section 42(3) takes or take effect; and (c) a description of the tariff or tariffs referred to in paragraph (b); and (d) the main reasons for the variation of a tariff or tariffs referred to in paragraph (b); tariff variation information means— S. 42D(2) def. of tariff variation (a) in the case of a single tariff for the information supply and sale of gas determined by a amended by No. 28/2021 licensee under section 42(1)(a) that is s. 29. varied in accordance with section 42(3), the weighted tariff variation relating to that tariff determined in accordance with an Order under section 42E; (b) in the case where more than one tariff for the supply and sale of gas determined by a licensee under Authorised by the Chief Parliamentary Counsel 61 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry section 42(1)(a) is varied in accordance with section 42(3) at the same time in accordance with section 42, the weighted tariff variation relating to those tariffs determined in accordance with an Order under section 42E. S. 42E 42E Order specifying method and variables to be used to inserted by No. 59/2008 determine weighted tariff variation s. 23. The Governor in Council, by Order published in the Government Gazette, may specify the method and variables to be used to determine the weighted tariff variation for the purposes of paragraphs (a) and (b) of the definition of tariff variation information in section 42D(2). 43 Terms and conditions of contracts for sale of gas to certain customers S. 43(1) (1) Subject to subsection (1B), a term or condition in amended by No. 37/2020 a contract for the supply or sale of gas by a s. 16(1). licensee to a relevant customer (whether entered into before, on or after 1 September 2001) is void to the extent that it is inconsistent with— S. 43(1)(a) (a) terms and conditions decided by the amended by Nos 62/2001 Commission that— s. 77(c)(ii), 75/2004 s. 45. (i) specify the circumstances in which the supply of gas to premises may be disconnected; and S. 43(1)(a)(ii) (ii) require the licensee to provide amended by No. 62/2001 information specified by the s. 77(c)(ii). Commission about the rights and entitlements of customers; and (iii) specify the circumstances in which the licensee requires access to premises of customers for the purpose of reading meters or otherwise; and Authorised by the Chief Parliamentary Counsel 62 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (iiia) specify the circumstances in which the S. 43(1)(a)(iiia) licensee may, or must not, offer or give inserted by No. 6/2019 a discount or other benefit to a relevant s. 13. customer, including— (A) the maximum amount or value of a discount or other benefit that may be offered or given to a relevant customer; and (B) the periods when a discount or other benefit may be offered or given to a relevant customer; and (iiib) specify a period during which the S. 43(1)(a)(iiib) inserted by licensee must not vary the tariffs No. 6/2019 applying under the contract unless s. 13. exempted to do so by the Commission; and (iv) make provision for confidentiality of customer information; and (b) any other terms and conditions decided by S. 43(1)(b) amended by the Commission and provided for in the Nos 62/2001 licence of the licensee; and s. 77(c)(ii), 75/2004 s. 45, 41/2021 s. 63(1)(a). (c) a provision of a Code of Practice. S. 43(1)(c) inserted by No. 41/2021 s. 63(1)(b). (1A) In deciding terms and conditions that specify the S. 43(1A) inserted by circumstances in which the supply of gas to No. 91/2004 premises may be disconnected, the Commission s. 19(1). must have regard to— (a) the essential nature of the gas supply; and (b) community expectations that ongoing access to gas supply will be available; and Authorised by the Chief Parliamentary Counsel 63 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (c) the principle that the gas supply to premises should only be disconnected as a last resort. S. 43(1AB) (1AB) The Commission must not decide a term or inserted by No. 41/2021 condition under subsection (1)(a) or (b) that is s. 63(2). inconsistent with— (a) a deemed Ministerial licence condition to which the licence held by the licensee is subject; or (b) a provision of a Code of Practice. S. 43(1B) (1B) A term or condition referred to in subsection inserted by No. 37/2020 (1)(a) or (b) is of no effect to the extent that it is s. 16(2), inconsistent with— substituted by No. 41/2021 s. 63(3). (a) a deemed Ministerial licence condition to which the licence held by the licensee is subject; or (b) a provision of a Code of Practice. (2) If a term or condition of a contract is void pursuant to subsection (1) because of an inconsistency with a term or condition referred to in subsection (1)(a) or (b), that term or condition referred to in subsection (1)(a) or (b) is deemed to form part of that contract in place of the void term or condition. (3) The Governor in Council may, by Order published in the Government Gazette, declare that a person or class of persons specified in the Order is, for the purposes of this section, a relevant customer or class of relevant customers. (4) An Order under subsection (3) may specify a class of persons by reference to all or any of the following— (a) the person authorised to sell the gas; (b) the purpose for which the gas is used; (c) the quantity of gas used; Authorised by the Chief Parliamentary Counsel 64 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (d) the period of use; (e) the place of supply; (f) any other specified factor relevant to the sale of gas. (5) An Order under subsection (3) may confer powers S. 43(5) amended by and functions on, and leave any matter to be Nos 62/2001 decided by, the Commission. s. 77(c)(ii), 75/2004 s. 45. (5A) Sections 78(2), 83, 84 and 85 of the Australian S. 43(5A) inserted by Consumer Law (Victoria) do not apply to a No. 106/2003 contract for the supply or sale of gas to a relevant s. 26(3), amended by customer. No. 72/2010 s. 48(Sch. item 12(6)). (5B) Section 82 of the Australian Consumer Law S. 43(5B) inserted by (Victoria) does not apply to a contract for the No. 106/2003 supply or sale of gas to a relevant customer unless s. 26(3), amended by the terms and conditions decided for the purpose Nos 75/2004 of subsection (1) require the inclusion of a s. 45, 72/2010 s. 48(Sch. cooling-off period in that contract. item 12(7)). (5C) If section 82(3)(b) of the Australian Consumer S. 43(5C) inserted by Law (Victoria) applies to a contract for the supply No. 106/2003 or sale of gas to a relevant customer then, for the s. 26(3), amended by purposes of that subsection, the relevant customer No. 72/2010 is deemed to have received the document s. 48(Sch. item 12(8)). evidencing the contract and the notice on the day on which the licensee is taken under that contract to have given the document and notice to the customer. (6) In this section— cooling-off period means a period within which a S. 43(6) def. of cooling-off person is entitled under a contract to cancel period the contract; inserted by No. 106/2003 s. 26(4). Authorised by the Chief Parliamentary Counsel 65 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry relevant customer means a person, or a member of a class of persons, to whom an Order under subsection (3) applies. S. 43(7) * * * * * amended by Nos 40/2003 s. 5, 91/2004 s. 19(2), 55/2007 s. 18, repealed by No. 59/2008 s. 24. S. 43A 43A Publication of tariffs, terms and conditions of sale of (Heading) amended by gas (relevant published offers) No. 59/2008 s. 25(1). S. 43A inserted by No. 91/2004 s. 20. S. 43A(1) (1) Without limiting the generality of section 28, the substituted by No. 59/2008 conditions to which a licence to sell gas by retail s. 25(2). issued to a specified gas retailer is subject include a condition requiring the specified gas retailer in specified circumstances— (a) to publish on its Internet site, in accordance with this section, details of the tariffs and terms and conditions on which that retailer sells gas to small retail customers; and S. 43A(1)(b) (b) to, as soon as practicable after details of the substituted by No. 28/2015 tariffs, terms and conditions are published in s. 7(1). accordance with paragraph (a), input those details into an Internet site nominated by the Minister so that the tariffs are able to be published on the Internet; and S. 43A(1)(c) (c) if an Internet site has not been nominated by inserted by No. 28/2015 the Minister for the purposes of s. 7(1). paragraph (b), to, on the same day the retailer publishes the details of the tariffs, terms and conditions in accordance with Authorised by the Chief Parliamentary Counsel 66 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry paragraph (a), give a copy of those details to the Commission. (1A) The Commission must publish on its Internet site S. 43A(1A) inserted by the details of the tariffs, terms and conditions it No. 59/2008 receives under subsection (1)(c) as soon as s. 25(2), amended by practicable after receiving those details. No. 28/2015 s. 7(2). (2) The Commission must prepare and issue guidelines for the purposes of this section specifying— (a) the manner of publication of the tariffs and S. 43A(2)(a) amended by terms and conditions, including the No. 59/2008 accessibility of the details of those tariffs s. 25(3). and terms and conditions on a specified gas retailer's Internet site; and (b) the nature of the details to be published; and (c) any other matters that the Commission considers relevant. (3) A specified gas retailer must comply with the guidelines issued under subsection (2) when complying with the licence condition in subsection (1). (4) This section does not apply to tariffs and terms and conditions published under section 42. * * * * * S. 43A(5) repealed by No. 59/2008 s. 25(4). * * * * * S. 43A(6) amended by No. 55/2007 s. 19, repealed by No. 59/2008 s. 25(4). Authorised by the Chief Parliamentary Counsel 67 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry 44 Deemed contracts with former franchise customers S. 44(1) (1) If a person— substituted by No. 91/2004 s. 21(1). (a) was a franchise customer within the meaning of the Gas Industry Act 1994 immediately before 1 September 2001; and (b) has not entered into a new contract with a licensee which takes effect on or after that date— there is deemed to be a contract between that person and the licensee of which the person was a customer immediately before that date for the supply and sale of gas at the tariffs and on the terms and conditions determined and published by that licensee under section 42. (2) The deemed contract continues until— (a) the contract is terminated; or (b) if the customer enters into a new contract for the purchase of gas from the licensee in respect of the same premises, the date of taking effect of that new contract— whichever first occurs. S. 44(3) * * * * * amended by Nos 40/2003 s. 6, 91/2004 s. 21(2), 55/2007 s. 20, repealed by No. 59/2008 s. 26. S. 45 * * * * * amended by Nos 62/2001 s. 77(c)(ii), 75/2004 s. 46, repealed by No. 91/2004 s. 22. Authorised by the Chief Parliamentary Counsel 68 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry 46 Deemed contracts for supply and sale for relevant S. 46 customers substituted by No. 85/2001 (1) If a relevant customer commences to take supply s. 12. of gas at premises from the relevant licensee without having entered into a supply and sale contract with that licensee, there is deemed, on the commencement of that supply, to be a contract between that licensee and that person for the supply and sale of gas— (a) at the tariffs and on the terms and conditions S. 46(1)(a) substituted by determined and published by that licensee No. 91/2004 under section 42; and s. 23(1). (b) on the conditions decided and provided for S. 46(1)(b) amended by by the Commission under subsection (5). No. 75/2004 s. 47(1). (2) If a relevant customer— (a) commences to take supply of gas at premises under a supply and sale contract with the relevant licensee; and (b) that customer cancels the supply and sale contract within the cooling-off period relating to the contract; and (c) that customer continues to take gas from that licensee without entering into a further supply and sale contract with that licensee— there is deemed, on the cancellation of the supply and sale contract, to be a contract between that licensee and that customer for the supply and sale of gas— (d) at the tariffs and on the terms and conditions S. 46(2)(d) substituted by determined and published by that licensee No. 91/2004 under section 42; and s. 23(2). (e) on the conditions decided and provided for S. 46(2)(e) amended by by the Commission under subsection (5). No. 75/2004 s. 47(1). Authorised by the Chief Parliamentary Counsel 69 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (3) A deemed contract under subsection (2) is deemed to commence on the commencement of supply referred to in subsection (2)(a). S. 46(4) (4) If a supply and sale contract referred to in substituted by No. 72/2010 subsection (2)(a) is an unsolicited consumer s. 48(Sch. agreement, sections 84 and 85 of the Australian item 12(9)). Consumer Law (Victoria) do not apply on the cancellation of that contract. S. 46(5) (5) Without limiting the generality of section 28, the amended by No. 75/2004 Commission may decide, and provide for in the s. 47(2). licence of a licensee, conditions setting out— (a) circumstances in which a licensee must continue to supply or sell gas to a customer to whom the licensee supplies or sells gas under a deemed contract under this section after that contract comes to an end in accordance with subsection (7)(d) or (e); and (b) events on the happening of which a deemed contract under this section may come to an end. (6) A condition referred to in subsection (5)(a) must provide for the tariff or tariffs and the terms and conditions for the continued supply or sale of gas to be determined by the licensee. S. 46(6A) (6A) A person who is a relevant customer may be a inserted by No. 91/2004 party to a deemed contract under this section even s. 23(3). if the person has previously been a party to a contract for the supply or sale of gas to different premises on different terms and conditions with the same licensee or another licensee. (7) A deemed contract under this section comes to an end— (a) if the contract is terminated; or Authorised by the Chief Parliamentary Counsel 70 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (b) if the customer enters into a new contract for the purchase of gas from the licensee in respect of the same premises, on the date of taking effect of that new contract; or (c) if the customer transfers to become the customer of another licensee; or (d) at the end of 120 days after the day on which the deemed contract commences; or (da) if the supply of gas at the premises is S. 46(7)(da) inserted by disconnected in accordance with No. 28/2021 section 48DS; or s. 21. (e) on the happening of an event decided and S. 46(7)(e) amended by provided for by the Commission under No. 75/2004 subsection (5)(b)— s. 47(1). whichever occurs first. (8) Subsection (1) does not apply where the relevant customer referred to in that subsection commences to take the supply of gas by fraudulent or illegal means. (9) Subsection (2) does not apply where the relevant customer referred to in that subsection takes the supply of gas by fraudulent or illegal means after the cancellation of the supply and sale contract referred to in subsection (2)(a). (10) In this section— cooling-off period means the period within which S. 46(10) def. of a relevant customer is entitled under a supply cooling-off and sale contract or section 82 of the period amended by Australian Consumer Law (Victoria) to Nos 106/2003 cancel the contract; s. 26(5), 72/2010 s. 48(Sch. item 12 (10)(a)). relevant customer has the same meaning as in section 43; Authorised by the Chief Parliamentary Counsel 71 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry relevant licensee, in relation to premises, means the licensee last responsible for the supply and sale of gas to those premises; S. 46(10) * * * * * def. of supply and sale contract amended by No. 72/2010 s. 48(Sch. item 12 (10)(b)), repealed by No. 28/2021 s. 18. S. 46(10) unsolicited consumer agreement has the same def. of unsolicited meaning as in section 69 of the Australian consumer Consumer Law (Victoria). agreement inserted by No. 72/2010 s. 48(Sch. item 12 (10)(b)). S. 46(11) * * * * * amended by Nos 40/2003 s. 7, 91/2004 s. 23(4), 55/2007 s. 21, repealed by No. 59/2008 s. 27. S. 47 47 Commission must report to Minister on gas supply repealed by No. 85/2001 offers s. 12, new s. 47 (1) The Commission must by the end of every inserted by No. 59/2008 calendar year, and at other times the Minister s. 28. directs in writing, prepare and give to the Minister a report that, for the reporting period, compares and assesses— (a) licensee standing offers, deemed standing offers in effect during the reporting period, and relevant published offers and other Authorised by the Chief Parliamentary Counsel 72 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry offers to supply and sell gas by retail that were available during the reporting period; (b) variations to licensee standing offers, deemed standing offers, relevant published offers and other offers to supply and sell gas by retail during the reporting period. (2) A report under subsection (1)— (a) may include information about any trends in relation to variations to licensee standing offers, deemed standing offers, relevant published offers and other offers to supply and sell gas by retail over a period; and (b) must also include any other information that the Minister, in writing, requires to be included. (3) A period referred to in subsection (2)(a) may be greater than the reporting period. (4) The Commission must publish a report under subsection (1) on its Internet site as soon as practicable after giving it to the Minister. (5) In this section— deemed standing offer means the tariffs and terms and conditions constituting a deemed contract for the supply and sale of gas under section 44 or section 46; reporting period means the financial year ending in the calendar year in which the Commission must give its report to the Minister. 48 Deemed distribution contracts (1) A gas distribution company may from time to time, subject to the conditions of its licence, give notice of terms and conditions applying in respect of the distribution or supply of gas by the gas Authorised by the Chief Parliamentary Counsel 73 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry distribution company to retail customers or a class of retail customers. S. 48(2) (2) The terms and conditions must be approved by the amended by No. 62/2001 Commission before a notice is given under s. 77(c)(ii). subsection (1). S. 48(3) (3) Subject to subsection (3A), unless the amended by No. 62/2001 Commission approves otherwise in a particular s. 77(f)(i)(ii), case, the terms and conditions must not be substituted by No. 37/2020 inconsistent with the applicable Code of Practice. s. 17(1), amended by No. 41/2021 s. 64(1). S. 48(3A) (3A) If the applicable Code of Practice is inconsistent inserted by No. 37/2020 with a deemed Ministerial licence condition to s. 17(1), which the licence held by the distribution amended by No. 41/2021 company is subject, that Code of Practice is of no s. 64(2). effect to the extent of the inconsistency, and unless the Commission approves otherwise in a particular case, the terms and conditions must not be inconsistent with that deemed Ministerial licence condition. S. 48(4) (4) The terms and conditions must not be inconsistent amended by No. 30/2008 with any access arrangement applicable to the gas s. 41(4). distribution company and approved under the National Gas (Victoria) Law. (5) The approved terms and conditions of which notice is given under this section— (a) take effect on the day on which they are published in the Government Gazette; and (b) are binding on the gas distribution company and the retail customers to which they are expressed to apply. (6) A gas distribution company and a retail customer are deemed to have entered into a contract on the terms and conditions published under Authorised by the Chief Parliamentary Counsel 74 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry subsection (5) on a date determined in accordance with those terms and conditions. (7) A gas distribution company may from time to time vary any terms and conditions of which notice is given under this section. (8) This section applies to a variation under subsection (6) in the same manner as it applies to the making, approval and notification of the terms and conditions. (9) A gas distribution company, subject to the conditions of its licence, and a retail customer may by agreement in writing vary any of the terms and conditions of a deemed contract under subsection (6). (10) A deemed contract under subsection (6) may be terminated in accordance with its terms and conditions. (11) Nothing in this section affects any contract existing immediately before the commencement of this section between a gas distribution company and a retail customer. (12) In this section— S. 48(12) substituted by No. 37/2020 s. 17(2). applicable Code of Practice means— S. 48(12) def. of applicable (a) the document entitled "Gas Distribution Code of System Code" that is taken under Practice inserted by section 76(1) of the Essential Services No. 41/2021 Commission Act 2001, to be a Code of s. 64(3)(a). Practice made under section 47(1) of that Act; or Authorised by the Chief Parliamentary Counsel 75 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (b) if the Code of Practice referred to in paragraph (a) is revoked, another Code of Practice that applies for the purposes of subsections (3) and (3A); S. 48(12) * * * * * def. of Gas Distribution System Code repealed by No. 41/2021 s. 64(3)(b). retail customer, in relation to a gas distribution company, means a customer of a retailer to which the gas distribution company distributes or supplies gas. S. 48A 48A Compensation for wrongful disconnection inserted by No. 91/2004 s. 24. S. 48A(1) (1) Without limiting the generality of section 28, the amended by No. 28/2021 conditions to which a licence to sell gas by retail s. 22(1)(a)(b). is subject include a condition requiring the gas retailer to make a payment of a prescribed amount to a relevant customer in accordance with this section if the gas retailer arranges for the supply of gas at the premises of that customer to be disconnected and— S. 48A(1)(a) (a) the gas retailer does so otherwise than in substituted by No. 28/2021 accordance with Subdivision 3 of s. 22(1)(c). Division 4AA; or S. 48A(1)(b) (b) the gas retailer fails to comply with the terms substituted by No. 28/2021 and conditions of the supply and sale s. 22(1)(c). contract specifying the circumstances in which the supply of gas at those premises may be disconnected. S. 48A(1A) (1A) Despite subsection (1), if the relevant customer inserted by No. 59/2011 does not notify the gas retailer of the s. 41(1), disconnection within 14 days after the amended by No. 28/2021 disconnection, the maximum payment under a s. 22(2). Authorised by the Chief Parliamentary Counsel 76 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry condition under subsection (1) is the prescribed capped amount. (2) A payment under subsection (1) may be made directly to the customer or by way of rebate on the customer's gas bill. (3) A payment under a condition under subsection (1) S. 48A(3) substituted by must be made as soon as practicable after— No. 28/2021 s. 22(3). (a) the reconnection of the supply of gas at the premises of the relevant customer is arranged by a gas retailer under this Act; or (b) a relevant event occurs. (4) Nothing in this section affects any other right any person or body may have to take action against a licensee in relation to a disconnection of a supply of gas. (5) In this section— prescribed amount means— S. 48A(5) def. of prescribed (a) the amount prescribed by the amount regulations for the purposes of this amended by No. 49/2015 section; or s. 24, substituted by (b) if no amount is prescribed by the No. 28/2021 regulations— s. 22(4)(a). (i) if a relevant event occurs—$500 for each whole day that the supply of gas is disconnected and a pro rata amount for any part of a day that the supply of gas is disconnected, ending on the occurrence of the relevant event; or (ii) in any other case—$500 for each whole day that the supply of gas is disconnected and a pro rata Authorised by the Chief Parliamentary Counsel 77 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry amount for any part of a day that the supply of gas is disconnected; S. 48A(5) prescribed capped amount means— def. of prescribed capped (a) the amount prescribed by the amount regulations for the purposes of inserted by No. 59/2011 subsection (1A); or s. 41(2). (b) if no amount is prescribed, $3,500.00; S. 48A(5) relevant customer has the same meaning as in def. of relevant section 43; customer amended by No. 28/2021 s. 22(4)(b). S. 48A(5) relevant event means— def. of relevant event inserted by (a) a relevant customer's refusal of an offer No. 28/2021 from a gas retailer to arrange for the s. 22(4)(c). reconnection of the supply of gas at the relevant customer's premises; or (b) an event the result of which means it is not reasonably practicable for the gas retailer to arrange for the reconnection of the supply of gas at the relevant customer's premises; or (c) a prescribed event. S. 48A(6) (6) For the purposes of the definition of relevant inserted by No. 28/2021 event in subsection (5), an offer from a gas retailer s. 22(5). must not include any condition or requirement for reconnection other than any condition or requirement permitted under the supply and sale contract or any Act or law. S. 48B 48B Prohibition on fees for late payment inserted by No. 91/2004 s. 24. (1) A term or condition in a contract for the supply or sale of gas by retail by a licensee to a small retail customer (whether entered into before or after the commencement of this section) is void to the Authorised by the Chief Parliamentary Counsel 78 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry extent that it permits the licensee to charge the customer a fee or charge for late payment of a gas bill. (2) Nothing in this section prevents a licensee from offering an incentive or rebate to a small retail customer for paying a gas bill on or before the due date for payment. (3) This section applies despite anything to the contrary in any terms and conditions that form part or are deemed by this Act to form part of the contract between a licensee and a small business customer. 48C Regulation of exit fees S. 48C inserted by No. 91/2004 s. 24. (1AA) Without limiting the generality of sections 28(2) S. 48C(1AA) inserted by or (3) or 29, the conditions to which a licence No. 49/2015 to sell gas by retail is subject include a condition s. 25(1). prohibiting, on and after the commencement of section 25 of the Energy Legislation Amendment (Consumer Protection) Act 2015, the licensee from entering into a contract for the supply or sale of gas by retail between the licensee and a small retail customer that imposes an exit fee on the termination of the contract unless— (a) the contract is a fixed-term retail contract; and (b) the following will not change during the term of the contract— (i) any tariffs, charges and fees for gas supplied under that contract; (ii) any discount which applies to tariffs, charges and fees for gas supplied under that contract; Authorised by the Chief Parliamentary Counsel 79 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (iii) any terms and conditions that apply to gas supplied under that contract. S. 48C(1) (1) The Governor in Council may by Order published amended by No. 49/2015 in the Government Gazette regulate the imposition s. 25(2). by a licensee under a fixed-term retail contract of an exit fee that is not otherwise prohibited under subsection (1AA) on the termination of that contract. (2) An Order under subsection (1) may specify terms and conditions applying to the imposition of exit fees. S. 48C(3) (3) An Order under subsection (1) may also provide substituted by No. 49/2015 that a fixed-term retail contract is to include a s. 25(3). condition providing that the small retail customer may terminate the contract by giving the required period of notice to the licensee. S. 48C(4) (4) If an Order under subsection (1) requires the amended by No. 49/2015 inclusion of a condition referred to in subsection s. 25(4). (3) in a fixed-term retail contract, that condition is deemed to form part of that contract. (5) Nothing in this section or an Order under this section prevents a licensee from offering an incentive or rebate to a small retail customer to remain a customer of the licensee. (6) An Order under subsection (1) has effect from the date specified in the Order. S. 48C(7) * * * * * repealed by No. 41/2021 s. 65. (8) This section applies despite anything to the contrary in any terms and conditions that form part or are deemed by this Act to form part of the contract between a licensee and a small retail customer. Authorised by the Chief Parliamentary Counsel 80 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (9) In this section— exit fee means a fee or charge payable on the termination of a contract but does not include any fee or charge for gas supplied under the contract; fixed-term retail contract means a contract for the S. 48C(9) def. of fixed-term supply or sale of gas by retail between a retail contract licensee and a small retail customer that inserted by No. 49/2015 contains a term or condition that specifies— s. 25(5). (a) the date on which the contract will end; or (b) a method for calculating the date on which the contract will end and which is ascertainable at the time the contract is entered; required period means the longer of— (a) the period of notice agreed between the licensee and the small retail customer; and (b) the period of notice in an Order under subsection (1). 48D Regulation of pre-payment meters S. 48D inserted by No. 91/2004 (1) The Governor in Council may by Order published s. 24. in the Government Gazette prohibit or regulate the implementation by a licensee of a pre-payment meter scheme in respect of the licensee's small retail customers. (2) An Order under subsection (1) regulating the implementation of a pre-payment meter scheme may specify terms and conditions applying to that scheme. (3) An Order under subsection (1) has effect from the date specified in the Order. Authorised by the Chief Parliamentary Counsel 81 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry S. 48D(4) * * * * * repealed by No. 41/2021 s. 66. (5) This section applies despite anything to the contrary in any terms and conditions that form part or are deemed by this Act to form part of the contract between a licensee and a small retail customer. (6) The Minister must cause a copy of each Variation Order to be laid before each House of Parliament within 6 sitting days of that House following the making of the Order. (7) A Variation Order is subject to disallowance by a House of Parliament, and sections 23, 24 and 25 of the Subordinate Legislation Act 1994 apply as if the Variation Order were a statutory rule within the meaning of that Act. (8) In this section— pre-payment meter means a meter that allows gas to be sold or supplied under an arrangement that allows the customers to make full payment for the gas before it is consumed; Variation Order means an Order made in substitution for or amending or revoking an Order made under subsection (1). S. 48DA 48DA Prohibition on save and win-back offers inserted by No. 28/2021 s. 19 (as (1) This section applies if a gas retailer (a losing amended by retailer) is aware that the customer transfer No. 41/2021 s. 106). process has commenced or has been completed in respect of a domestic customer of the losing retailer. Authorised by the Chief Parliamentary Counsel 82 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry Note When a domestic customer has a supply and sale contract with a gas retailer and enters into a supply and sale contract with another gas retailer, the new retailer initiates the customer transfer process and at the end of that process the supply and sale contract with the losing retailer ends. (2) Without limiting the generality of section 28(2) or (3) or 29, but subject to this section, the conditions to which a licence to sell gas by retail held by a losing retailer is subject include a condition prohibiting the losing retailer from— (a) contacting the domestic customer during the prohibited period— (i) to make an offer to the domestic customer to renegotiate a supply and sale contract with the losing retailer and to terminate the supply and sale contract with another gas retailer; or (ii) to offer, or arrange the offer of, a benefit, privilege or service, including a bundled gas and electricity service, to the domestic customer for that customer to remain a customer of the losing retailer and to terminate the supply and sale contract with another gas retailer; or (iii) to make an offer to the domestic customer to enter into a new supply and sale contract with the losing retailer; or (iv) to offer, or arrange the offer of, a benefit, privilege or service, including a bundled gas and electricity service, to the domestic customer for that customer to enter into a new supply and sale contract with the losing retailer; or Authorised by the Chief Parliamentary Counsel 83 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (b) requiring or permitting an employee or agent of the losing retailer to do a thing referred to in paragraph (a). (3) The losing retailer is not prohibited from contacting the domestic customer during the prohibited period for any other purpose, including— (a) in respect of any administrative or other matter resulting from or incidental to the customer transfer process; or (b) in respect of any fees or charges which are owed to the losing retailer by the domestic customer under the supply and sale contract with the losing retailer; or (c) responding to any query or question asked by the domestic customer; or (d) if the domestic customer has asked the losing retailer to do a thing described in subsection (2)(a), doing so or requiring or permitting an employee or agent of the losing retailer to do so; or (e) contacting the domestic customer as part of a general marketing campaign for the supply or sale of gas, or the sale of a bundled gas and electricity service, other than by— (i) calling on the domestic customer at that customer's ordinary place of residence; or (ii) telephoning the domestic customer, irrespective of whether that customer is at their ordinary place of residence at the time of the telephone call. (4) For the purposes of subsection (3)(e), a general marketing campaign does not include a marketing campaign directed at only domestic customers Authorised by the Chief Parliamentary Counsel 84 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry who have entered into a supply and sale contract with another gas retailer. (5) A supply and sale contract continued or entered into as a result of any conduct prohibited under this section is of no effect. (6) In this section— bundled gas and electricity service means the service of supplying gas and electricity to a domestic customer with a financial discount on one or both services or some other benefit given to the customer for contracting with the gas retailer for both gas and electricity, whether or not under the same contract; customer transfer process means the process under the National Gas Rules of transferring, between gas retailers, a domestic customer's details, billing information and relevant supply details for the purpose of facilitating the operation of a supply and sale contract between the domestic customer and gas retailer; domestic customer has the same meaning as in section 48E; prohibited period means the period— (a) starting from when the losing retailer becomes aware that the customer transfer process has commenced or is commencing in respect of a domestic customer of the losing retailer; and (b) ending— (i) at the end of the period after the customer transfer process is complete that is prescribed for the purposes of this subparagraph; or Authorised by the Chief Parliamentary Counsel 85 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (ii) if there is no prescribed period, after a period of 6 months after the customer transfer process is complete. S. 48DB 48DB Prohibition relating to door-to-door sales and inserted by No. 28/2021 cold-calling s. 19 (as amended by (1) Without limiting the generality of section 28(2) or No. 41/2021 s. 106). (3) or 29, but subject to this section, the conditions to which a licence to sell gas by retail held by a gas retailer is subject include a condition prohibiting the gas retailer from— (a) calling on a domestic customer at the customer's ordinary place of residence for the purpose of negotiating a supply and sale contract or another contract of a kind that is prescribed; or (b) telephoning a domestic customer for the purpose of negotiating a supply and sale contract or another contract of a kind that is prescribed, irrespective of whether the customer is at their ordinary place of residence at the time of the telephone call; or (c) requiring or permitting an employee or agent of the gas retailer to do a thing referred to in paragraph (a) or (b). (2) A gas retailer is not prohibited from doing a thing referred to in subsection (1)(a), (b) or (c) if the domestic customer has given, to a person specified in subsection (4), express consent to being contacted by a gas retailer at the customer's ordinary place of residence or by telephone for the purpose of negotiating— (a) a supply and sale contract; or (b) another contract of a kind that is prescribed. Authorised by the Chief Parliamentary Counsel 86 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (3) Without limiting subsection (2), the domestic customer has not given their express consent only because the customer has contacted the gas retailer, or an employee or agent of the gas retailer, in connection with an unsuccessful attempt by that retailer, employee or agent to contact the domestic customer. (4) The following persons are specified for the purposes of subsection (2)— (a) the gas retailer; (b) an employee or agent of the gas retailer; (c) a person who— (i) collects a domestic customer's contact details, irrespective of any relationship between that person and the gas retailer at the time that person collects those details; and (ii) gives those details to the gas retailer for the predominant purpose of enabling the gas retailer, or an employee or agent of the gas retailer, to negotiate a supply and sale contract or another contract of a kind that is prescribed. (5) A gas retailer is not prohibited from doing a thing referred to in subsection (1)(a), (b) or (c) if— (a) at the time the domestic customer is called on at their ordinary place of residence or is telephoned, the domestic customer has a supply and sale contract with the gas retailer; and (b) that conduct would not otherwise be prohibited under section 48DA. (6) A contract entered into as a result of any conduct prohibited under subsection (1) is of no effect. Authorised by the Chief Parliamentary Counsel 87 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (7) For the purposes of section 53 of the Essential Services Commission Act 2001, a gas retailer does not contravene a civil penalty requirement that is the condition under subsection (1)(b) or (c) if— (a) the contravention by the gas retailer was by mistake; or (b) the gas retailer took reasonable precautions, and exercised due diligence, to avoid the contravention. (8) This section does not apply to a supply and sale contract of a kind that is prescribed. (9) In this section— contact details means a domestic customer's residential address or telephone number; domestic customer has the same meaning as in section 48E. Pt 3 Div. 4AA (Headings Division 4AA—Disconnection of supply of gas and ss 48DC– 48DY) inserted by Subdivision 1—Preliminary No. 28/2021 s. 23 (as amended by No. 41/2021 ss 107–116). S. 48DC inserted by No. 28/2021 s. 23 (as 48DC Definitions amended by No. 41/2021 In this Division— ss 107–116). acceptable identification means— (a) a document specified under an applicable Code for the purposes of this paragraph which contains information identifying a relevant customer; or Authorised by the Chief Parliamentary Counsel 88 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (b) information specified under an applicable Code for the purposes of this paragraph identifying a relevant customer; applicable Code means a Code of Practice which specifies that it applies for the purposes of this Division; business day means a day that is not— (a) a Saturday or Sunday; or (b) a public holiday; carry-over customer means a person described in section 48DD(2)(a); disconnection related complaint means a complaint made by a relevant customer that is directly related to the grounds for a gas retailer's or an exempt gas seller's proposed disconnection of the supply of gas at the relevant customer's premises under— (a) the gas retailer's or exempt gas seller's standard complaints and dispute resolution procedures; or (b) a customer dispute resolution scheme approved by the Commission under section 36; disconnection warning notice means a notice, specifying the matters required to be specified under an applicable Code, warning a relevant customer that the supply of gas at the customer's premises will be or may be disconnected; electricity distribution company has the same meaning as distribution company has in the Electricity Industry Act 2000; Authorised by the Chief Parliamentary Counsel 89 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry electricity retailer has the same meaning as retailer has in the Electricity Industry Act 2000; exempt distributor means a person who, by Order under section 24, has been exempted from the requirement to obtain a licence to distribute or supply gas; exempt gas seller means a person who, by Order made under section 24, is exempt from the requirement— (a) to obtain a licence to sell gas; or (b) to obtain registration under section 91BJ or 91LB of the National Gas (Victoria) Law; gas payment assistance application means an application to an entity responsible for a rebate, concession or relief scheme available under any government funded gas charge rebate, concession or relief scheme; intention to disconnect notice means a notice, specifying the matters required to be specified under an applicable Code, notifying a relevant customer of a gas retailer's or an exempt gas seller's intention to arrange for the supply of gas at the customer's premises to be disconnected; life support customer means— (a) a relevant customer who is a life support resident; or (b) a relevant customer at whose premises a life support resident (who is not the relevant customer) resides or intends to reside; Authorised by the Chief Parliamentary Counsel 90 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry life support customer details, in relation to a relevant customer, means— (a) the information that evidences that the relevant customer is a life support customer; and (b) the personal details of each life support resident residing or intending to reside at the premises of the life support customer; and (c) the date from which life support equipment is required at the premises of the life support customer by each life support resident; life support equipment means any of the following— (a) an oxygen concentrator; (b) an intermittent peritoneal dialysis machine; (c) a kidney dialysis machine; (d) a chronic positive airways pressure respirator; (e) crigler najjar syndrome phototherapy equipment; (f) a ventilator for life support; (g) any other equipment requiring gas that a registered medical practitioner certifies is required for a life support resident; (h) equipment (other than equipment referred to in paragraphs (a) to (g)) specified under an applicable Code for the purposes of this definition; Authorised by the Chief Parliamentary Counsel 91 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry life support resident means a person who requires life support equipment; move-in customer means a person described in section 48DD(2)(b); protected period means— (a) the period of a business day— (i) for a residential customer—before 8 a.m. or after 2 p.m.; or (ii) for a small business customer— before 8 a.m. or after 3 p.m.; or (b) a Friday; or (c) a weekend or a public holiday; or (d) the day before a public holiday; or (e) the days starting on 20 December and ending at midnight on 31 December in any year; or (f) a period specified under an applicable Code for the purposes of this definition; public holiday means a day appointed under the Public Holidays Act 1993; register of life support customers and residents means a register established and maintained under section 48DX; registered life support customer, in relation to a gas retailer or an exempt gas seller, means a life support customer who is registered in the register of life support customers and residents established and maintained by that gas retailer or exempt gas seller, as the case requires; Authorised by the Chief Parliamentary Counsel 92 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry relevant assistance means assistance— (a) in accordance with a financial hardship policy within the meaning of section 48G(3); or (b) specified under an applicable Code for the purposes of this definition; relevant customer has the meaning given by section 48DD; reminder notice means a notice, specifying the matters required to be specified under an applicable Code, reminding a relevant customer that payment of a gas bill is required; residential customer means a relevant customer who purchases gas principally for personal, household or domestic use; security deposit means an amount of money paid or payable under a supply and sale contract as a security against non-payment of a gas bill; small business customer means a relevant customer who is not a residential customer. 48DD Meaning of relevant customer S. 48DD inserted by No. 28/2021 (1) In this Division, a relevant customer is— s. 23 (as amended by (a) in relation to a gas retailer, a relevant No. 41/2021 customer within the meaning of ss 107–116). section 43(6); or Note A relevant customer of a gas retailer includes a person who has a deemed contract with the gas retailer under section 46(1) or (2). Authorised by the Chief Parliamentary Counsel 93 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (b) in relation to an exempt gas seller, a person— (i) to whom the exempt gas seller supplies or sells gas under a supply and sale contract; and (ii) whose total consumption of gas supplied or sold by the exempt gas seller does not exceed more than 1000 gigajoules in any given year. (2) In addition, for the purposes of this Division, a relevant customer, in relation to an exempt gas seller, includes either of the following— (a) a person— (i) who continues to take gas supplied by the exempt gas seller at the person's premises after the person's supply and sale contract with the exempt gas seller has ended or been terminated and that contract does not provide for the gas to be consumed after the contract's end or termination; and (ii) who was a relevant customer as set out under subsection (1)(b); (b) a person who takes gas supplied by the exempt gas seller without having entered into a supply and sale contract with the exempt gas seller. S. 48DE 48DE Objects inserted by No. 28/2021 s. 23 (as Without limiting section 18(c), the objects of this amended by Division are— No. 41/2021 ss 107–116). (a) to recognise the essential nature of the supply of gas; and Authorised by the Chief Parliamentary Counsel 94 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (b) to have regard to community expectations that ongoing access to gas will be available; and (c) to have regard to community expectations that the supply of gas to premises will not be disconnected solely because of a customer's inability to pay for the gas supply; and (d) to promote the principle that the supply of gas to premises should only be disconnected as a last resort. Subdivision 2—Offences 48DF Knowingly or recklessly disconnecting supply of gas S. 48DF at premises inserted by No. 28/2021 (1) A gas retailer or an exempt gas seller who s. 23 (as amended by arranges for the supply of gas at a relevant No. 41/2021 customer's premises to be disconnected other than ss 107–116). in accordance with Subdivision 3, and knows, or is reckless as to whether, the disconnection is not in accordance with that Subdivision, is guilty of an offence and liable to a fine not exceeding— (a) in the case of a natural person, 1200 penalty units or 10 years imprisonment; or (b) in the case of a body corporate, 6000 penalty units. (2) An offence against subsection (1) is an indictable offence. 48DG Disconnection of supply of gas at premises S. 48DG inserted by No. 28/2021 (1) A gas retailer or an exempt gas seller must not s. 23 (as arrange for the supply of gas at a relevant amended by No. 41/2021 customer's premises to be disconnected except in ss 107–116). accordance with Subdivision 3. Authorised by the Chief Parliamentary Counsel 95 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (2) A gas retailer or an exempt gas seller who contravenes subsection (1) commits an offence against that subsection and is liable to a penalty not exceeding— (a) in the case of a natural person, 120 penalty units or 12 months imprisonment; or (b) in the case of a body corporate, 600 penalty units. (3) Subsection (1) is a civil penalty requirement for the purposes of the Essential Services Commission Act 2001. Note For matters relating to contraventions of provisions that are offences and civil penalty requirements, see Subdivision 4 of Division 1 of Part 7 of the Essential Services Commission Act 2001. S. 48DH 48DH Knowingly or recklessly disconnecting supply of gas inserted by No. 28/2021 at premises of life support customer s. 23 (as amended by (1) A gas retailer or an exempt gas seller commits an No. 41/2021 ss 107–116). offence if the gas retailer or exempt gas seller— (a) knows the relevant customer is a life support customer; and (b) does not add the life support customer details for that customer to the gas retailer's or exempt gas seller's register of life support customers and residents within one business day after being advised that the relevant customer is a life support customer; and (c) arranges for the supply of gas at that customer's premises to be disconnected. (2) A gas retailer or an exempt gas seller commits an offence if— (a) the gas retailer or exempt gas seller is reckless as to whether the relevant customer is a life support customer; and Authorised by the Chief Parliamentary Counsel 96 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (b) as a result of that recklessness the gas retailer or exempt gas seller does not add the life support customer details for that customer to the gas retailer's or exempt gas seller's register of life support customers and residents; and (c) the gas retailer or exempt gas seller arranges for the supply of gas at that customer's premises to be disconnected. (3) A gas retailer or an exempt gas seller commits an offence if the retailer or exempt gas seller— (a) knowingly or recklessly removes any life support customer details relating to a registered life support customer from the gas retailer's or exempt gas seller's register of life support customers and residents; and (b) arranges for the supply of gas at that customer's premises to be disconnected. (4) A gas retailer or an exempt gas seller who commits an offence against subsection (1), (2) or (3) is liable to a penalty not exceeding— (a) in the case of a natural person, 1200 penalty units or 10 years imprisonment; or (b) in the case of a body corporate, 6000 penalty units. (5) A gas retailer or an exempt gas seller does not commit an offence against subsection (3) if any life support customer details are removed from the gas retailer's or exempt gas seller's register of life support customers and residents, as the case requires— (a) at the request of the registered life support customer in accordance with an applicable Code; or (b) as provided under an applicable Code. Authorised by the Chief Parliamentary Counsel 97 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (6) An offence against subsection (1), (2) or (3) is an indictable offence. S. 48DI 48DI Life support customers and residents—gas retailer inserted by No. 28/2021 obligations when advised by relevant customer s. 23 (as amended by (1) Within one business day after being advised by a No. 41/2021 ss 107–116). relevant customer that a life support resident resides, or is intending to reside, at the relevant customer's premises, a gas retailer must record in a register of life support customers and residents the life support customer details. (2) A gas retailer who is advised by a relevant customer that a life support resident resides, or is intending to reside at the relevant customer's premises, must, if the life support equipment at the premises is or will be powered by gas and electricity and the gas retailer is not also an electricity retailer supplying electricity at the relevant customer's premises, inform the customer, within one business day after being advised, that the customer should inform the electricity retailer supplying electricity at the relevant customer's premises that a life support resident resides, or is intending to reside, at the relevant customer's premises. (3) Within 5 business days after being advised by a relevant customer that a life support resident resides, or is intending to reside, at the relevant customer's premises, a gas retailer must give to the customer, in accordance with an applicable Code, the information specified under an applicable Code for the purposes of this subsection. (4) Within one business day after being advised by a relevant customer that a life support resident resides, or is intending to reside, at the relevant customer's premises, a gas retailer must, in accordance with an applicable Code— Authorised by the Chief Parliamentary Counsel 98 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (a) if the life support equipment required by the life support resident is powered only by gas, give the details specified under an applicable Code for the purposes of this paragraph to the gas distribution company that distributes gas to those premises; or (b) if the life support equipment required by the life support resident is powered by gas and electricity and the gas retailer is also an electricity retailer supplying electricity at the relevant customer's premises, give the details specified under an applicable Code for the purposes of this paragraph— (i) to the gas distribution company that distributes gas to those premises; and (ii) to the electricity distribution company that distributes electricity to those premises. (4A) A gas retailer who contravenes subsection (1), (2), (3) or (4) commits an offence against that subsection and is liable to a penalty not exceeding— (a) in the case of a natural person, 120 penalty units or 12 months imprisonment; or (b) in the case of a body corporate, 600 penalty units. (4B) Subsections (1), (2), (3) and (4) are civil penalty requirements for the purposes of the Essential Services Commission Act 2001. Authorised by the Chief Parliamentary Counsel 99 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (5) Subsection (4)(a) does not apply to a gas retailer in the circumstances specified under an applicable Code. Note For matters relating to contraventions of provisions that are offences and civil penalty requirements, see Subdivision 4 of Division 1 of Part 7 of the Essential Services Commission Act 2001. S. 48DJ 48DJ Life support customers and residents—gas retailer inserted by No. 28/2021 obligations when advised by gas distribution s. 23 (as company or electricity distribution company amended by No. 41/2021 ss 107–116). (1) Within one business day after a gas retailer is advised by a gas distribution company or an electricity distribution company that a life support resident resides, or is intending to reside, at the premises of a relevant customer of the gas retailer, the gas retailer must record in a register of life support customers and residents the life support customer details. (2) Within 5 business days after a gas retailer is advised by a gas distribution company or an electricity distribution company that a life support resident resides, or is intending to reside, at the premises of a relevant customer of the gas retailer, the gas retailer must give the relevant customer, in accordance with an applicable Code, the information specified under an applicable Code for the purposes of this subsection. (3) A gas retailer who contravenes subsection (1) or (2) commits an offence against that subsection and is liable to a penalty not exceeding— (a) in the case of a natural person, 120 penalty units or 12 months imprisonment; or (b) in the case of a body corporate, 600 penalty units. Authorised by the Chief Parliamentary Counsel 100 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (4) Subsections (1) and (2) are civil penalty requirements for the purposes of the Essential Services Commission Act 2001. Note For matters relating to contraventions of provisions that are offences and civil penalty requirements, see Subdivision 4 of Division 1 of Part 7 of the Essential Services Commission Act 2001. 48DK Life support customers and residents—gas retailer S. 48DK inserted by obligations when advised by exempt gas sellers No. 28/2021 s. 23 (as (1) Within one business day after being advised by an amended by No. 41/2021 exempt gas seller to whom section 48DL(4) ss 107–116). applies that a life support resident resides, or is intending to reside at the premises of a relevant customer of the exempt gas seller, a gas retailer must record in a register of life support customers and residents the life support customer details. (2) Within one business day after being advised by an exempt gas seller to whom section 48DL(4) applies that a life support resident resides, or is intending to reside at the premises of a relevant customer of the exempt gas seller, a gas retailer must give the gas distribution company that distributes gas at those premises the details specified under an applicable Code for the purposes of this subsection. (3) A gas retailer who contravenes subsection (1) or (2) commits an offence against that subsection and is liable to a penalty not exceeding— (a) in the case of a natural person, 120 penalty units or 12 months imprisonment; or (b) in the case of a body corporate, 600 penalty units. (4) Subsections (1) and (2) are civil penalty requirements for the purposes of the Essential Services Commission Act 2001. Authorised by the Chief Parliamentary Counsel 101 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry Note For matters relating to contraventions of provisions that are offences and civil penalty requirements, see Subdivision 4 of Division 1 of Part 7 of the Essential Services Commission Act 2001. S. 48DL 48DL Life support customers and residents—exempt gas inserted by No. 28/2021 seller obligations when advised by relevant customer s. 23 (as amended by (1) Within one business day after being advised by a No. 41/2021 ss 107–116). relevant customer that a life support resident resides, or is intending to reside, at the relevant customer's premises, an exempt gas seller must record in a register of life support customers and residents the life support customer details. (2) An exempt gas seller who is advised by a relevant customer that a life support resident resides, or is intending to reside, at the relevant customer's premises must, if the life support equipment required by the life support resident is powered by gas and electricity, inform the customer within one business day after being advised, that the customer should inform the electricity retailer supplying electricity at the relevant customer's premises that the customer is a life support customer. (3) Within 5 business days after being advised by a relevant customer that a life support resident resides, or is intending to reside, at the relevant customer's premises, an exempt gas seller must give the relevant customer, in accordance with an applicable Code, the information specified under an applicable Code for the purposes of this subsection. (4) If— (a) a relevant customer advises an exempt gas seller that a life support resident resides, or is intending to reside, at the relevant customer's premises; and Authorised by the Chief Parliamentary Counsel 102 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (b) the exempt gas seller purchases gas from a gas retailer to sell to the relevant customer— the exempt gas seller must, within one business day after being advised, give the gas retailer the details specified under an applicable Code for the purposes of this subsection. (5) If— (a) a relevant customer advises an exempt gas seller that a life support resident resides, or is intending to reside, at the relevant customer's premises; and (b) the exempt gas seller purchases gas from a gas retailer to sell to the relevant customer; and (c) that gas is distributed by an exempt distributor— the exempt gas seller must, within one business day after that advice, give the exempt distributor the details specified under an applicable Code for the purposes of this subsection. (5A) An exempt gas seller who contravenes subsection (1), (2), (3), (4) or (5) commits an offence against that subsection and is liable to a penalty not exceeding— (a) in the case of a natural person, 120 penalty units or 12 months imprisonment; or (b) in the case of a body corporate, 600 penalty units. (5B) Subsections (1), (2), (3), (4) and (5) are civil penalty requirements for the purposes of the Essential Services Commission Act 2001. (6) Subsection (5) does not apply to an exempt gas seller in the circumstances specified under an applicable Code. Authorised by the Chief Parliamentary Counsel 103 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry Note For matters relating to contraventions of provisions that are offences and civil penalty requirements, see Subdivision 4 of Division 1 of Part 7 of the Essential Services Commission Act 2001. S. 48DM 48DM Life support customers and residents—exempt gas inserted by No. 28/2021 seller obligations when advised by exempt s. 23 (as distributor amended by No. 41/2021 ss 107–116). (1) Within one business day after an exempt gas seller is advised by an exempt distributor that a life support resident resides, or is intending to reside, at the premises of a relevant customer of the exempt gas seller, the exempt gas seller must record in a register of life support customers and residents the life support customer details. (2) Within 5 business days after being advised by an exempt distributor that a life support resident resides, or is intending to reside, at the premises of a relevant customer of the exempt gas seller, the exempt gas seller must give the relevant customer, in accordance with an applicable Code, the information specified under an applicable Code for the purposes of this subsection. (3) If— (a) an exempt distributor advises an exempt gas seller that a life support resident resides, or is intending to reside, at the premises of a relevant customer of the exempt gas seller; and (b) the exempt gas seller purchases gas from a gas retailer to sell to the relevant customer— the exempt gas seller must give, within one business day after that advice, the gas retailer the details specified under an applicable Code for the purposes of this subsection. Authorised by the Chief Parliamentary Counsel 104 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (4) An exempt gas seller who contravenes subsection (1), (2) or (3) commits an offence against that subsection and is liable to a penalty not exceeding— (a) in the case of a natural person, 120 penalty units or 12 months imprisonment; or (b) in the case of a body corporate, 600 penalty units. (5) Subsections (1), (2) and (3) are civil penalty requirements for the purposes of the Essential Services Commission Act 2001. Note For matters relating to contraventions of provisions that are offences and civil penalty requirements, see Subdivision 4 of Division 1 of Part 7 of the Essential Services Commission Act 2001. Subdivision 3—Permitted grounds for disconnection 48DN Supply of gas may be disconnected by agreement or S. 48DN on notice from relevant customer inserted by No. 28/2021 A gas retailer, or an exempt gas seller specified s. 23 (as amended by under an applicable Code for the purposes of this No. 41/2021 section, may arrange for the supply of gas at a ss 107–116). relevant customer's premises to be disconnected if— (a) the gas retailer or exempt gas seller and the relevant customer agree; or (b) the relevant customer gives notice to the gas retailer or exempt gas seller in accordance with the supply and sale contract with the gas retailer or exempt gas seller that the customer wishes to end the contract. Authorised by the Chief Parliamentary Counsel 105 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry S. 48DO 48DO Supply of gas may be disconnected for non-payment inserted by of bill or failure to comply with terms of relevant No. 28/2021 s. 23 (as assistance amended by No. 41/2021 (1) Subject to section 48DU, a gas retailer, or an ss 107–116). exempt gas seller specified under an applicable Code for the purposes of this section, may arrange for the supply of gas at a relevant customer's premises to be disconnected if— (a) the relevant customer— (i) has not paid the total amount specified in a gas bill by the date specified for that payment; or (ii) is receiving relevant assistance from the gas retailer or exempt gas seller and has not complied with the terms and conditions of that assistance; and (b) the total amount owing to the gas retailer or exempt gas seller under the gas bill— (i) is not less than $300 or, if an applicable Code specifies a higher amount for the purposes of this subparagraph, not less than the specified amount; and (ii) is only for the supply or sale of gas; and (c) the gas retailer or exempt gas seller, in accordance with any requirements under an applicable Code, gives the relevant customer a reminder notice; and (d) after the expiry of the period specified in the reminder notice, the gas retailer or exempt gas seller, in accordance with any requirements under an applicable Code, gives the relevant customer a disconnection warning notice; and Authorised by the Chief Parliamentary Counsel 106 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (e) after the expiry of the period specified in the disconnection warning notice, the gas retailer or exempt gas seller takes all reasonable steps to contact the relevant customer, in relation to the customer's failure to pay the total amount owing under the gas bill or to comply with the terms and conditions of the relevant assistance, in one or more of the following ways— (i) in person; (ii) by telephone; (iii) by electronic communication; and (f) the gas retailer or exempt gas seller has complied with any requirements relating to the disconnection of the supply of gas at a relevant customer's premises specified under an applicable Code for the purposes of this section; and (g) the relevant customer does not take any reasonable action towards settling the debt owed to the gas retailer or exempt gas seller. (2) The period specified in a reminder notice and a disconnection warning notice must be not less than the period specified under an applicable Code. 48DP Supply of gas may be disconnected for failure to pay S. 48DP inserted by security deposit No. 28/2021 s. 23 (as (1) Subject to section 48DU, a gas retailer, or an amended by No. 41/2021 exempt gas seller specified under an applicable ss 107–116). Code for the purposes of this section, may arrange for the supply of gas at a relevant customer's premises to be disconnected if— Authorised by the Chief Parliamentary Counsel 107 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (a) the relevant customer does not give a security deposit in accordance with a supply and sale contract with the gas retailer or exempt gas seller; and (b) the gas retailer or exempt gas seller, in accordance with any requirements under an applicable Code, gives the relevant customer an intention to disconnect notice; and (c) after the expiry of the period specified in the intention to disconnect notice, the gas retailer or exempt gas seller, in accordance with any requirements under an applicable Code, gives the relevant customer a disconnection warning notice; and (d) after the expiry of the period specified in the disconnection warning notice, the relevant customer does not give the security deposit. (2) The period specified in an intention to disconnect notice and a disconnection warning notice must be not less than the period specified under an applicable Code. S. 48DQ 48DQ Supply of gas may be disconnected for refusal to inserted by No. 28/2021 provide acceptable identification s. 23 (as amended by (1) Subject to section 48DU, a gas retailer, or an No. 41/2021 ss 107–116). exempt gas seller specified under an applicable Code for the purposes of this section, may arrange for the supply of gas at a relevant customer's premises to be disconnected if— (a) the relevant customer does not provide acceptable identification on the request of the gas retailer or exempt gas seller; and (b) the gas retailer or exempt gas seller, in accordance with any requirements under an applicable Code, gives the relevant customer an intention to disconnect notice; and Authorised by the Chief Parliamentary Counsel 108 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (c) after the expiry of the period specified in the intention to disconnect notice, the gas retailer or exempt gas seller, in accordance with any requirements under an applicable Code, gives the relevant customer a disconnection warning notice; and (d) after the expiry of the period specified in the disconnection warning notice, the relevant customer does not provide acceptable identification. (2) The period specified in an intention to disconnect notice and a disconnection warning notice must be not less than the period specified under an applicable Code. 48DR Supply of gas may be disconnected if access to meter S. 48DR inserted by denied No. 28/2021 s. 23 (as (1) Subject to section 48DU, a gas retailer, or an amended by No. 41/2021 exempt gas seller specified under an applicable ss 107–116). Code for the purposes of this section, may arrange for the supply of gas at a relevant customer's premises to be disconnected if— (a) the relevant customer does not allow access to the customer's premises for the reading of the meter at the premises for 3 consecutive scheduled meter readings; and (b) at the time of each of those scheduled meter readings, the gas retailer or exempt gas seller took all reasonable steps to contact the relevant customer in one or more of the following ways to make alternative arrangements to access the customer's premises— (i) in person; (ii) by telephone; (iii) by electronic communication; and Authorised by the Chief Parliamentary Counsel 109 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (c) the gas retailer or exempt gas seller, on each of the occasions access is denied, arranges for the relevant customer to be given a notice in accordance with any requirements under an applicable Code (an access request notice)— (i) requesting access to the meter; and (ii) advising of the gas retailer's or exempt gas seller' ability to arrange for disconnection of the supply of gas at the customer's premises; and (d) no earlier than 5 business days after the third access request notice is given to the relevant customer, the gas retailer or exempt gas seller, in accordance with any requirements under an applicable Code, gives the relevant customer an intention to disconnect notice; and (e) after the expiry of the period specified in the intention to disconnect notice, the gas retailer or exempt gas seller, in accordance with any requirements under an applicable Code, gives the relevant customer a disconnection warning notice; and (f) after the expiry of the period specified in the disconnection warning notice, the relevant customer does not give the gas retailer or exempt gas seller access to the customer's premises to read the meter. (2) The period specified in an intention to disconnect notice and a disconnection warning notice must be not less than the period specified under an applicable Code. Authorised by the Chief Parliamentary Counsel 110 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry 48DS Supply of gas may be disconnected if there is taking S. 48DS of gas without notification by customer inserted by No. 28/2021 (1) Subject to section 48DU, a gas retailer, or an s. 23 (as amended by exempt gas seller specified under an applicable No. 41/2021 Code for the purposes of this section, may arrange ss 107–116). for the supply of gas at a relevant customer's premises to be disconnected if— (a) the relevant customer— (i) has a deemed contract with the gas retailer under section 46(1) or (2); or (ii) is a carry-over customer; or (iii) is a move-in customer; and (b) the relevant customer refuses or fails to take appropriate steps to enter into a supply and sale contract with the gas retailer or exempt gas seller; and (c) the gas retailer or exempt gas seller, in accordance with any requirements under an applicable Code, gives the relevant customer an intention to disconnect notice; and (d) after the expiry of the period specified in the intention to disconnect notice, the gas retailer or exempt gas seller, in accordance with any requirements under an applicable Code, gives the relevant customer a disconnection warning notice; and (e) after the expiry of the period specified in the disconnection warning notice, the relevant customer does not take appropriate steps to enter into a supply and sale contract with the gas retailer or exempt gas seller. (2) The period specified in an intention to disconnect notice and a disconnection warning notice must be not less than the period specified under an applicable Code. Authorised by the Chief Parliamentary Counsel 111 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (3) For the purposes of this section, the gas retailer or exempt gas seller is not required to find out the name or particulars of the relevant customer consuming gas supplied at the premises before disconnecting the supply of gas. S. 48DT 48DT Supply of gas may be disconnected if it occurs in the inserted by No. 28/2021 prescribed circumstances s. 23 (as amended by Subject to section 48DU, a gas retailer or an No. 41/2021 ss 107–116). exempt gas seller who is prescribed for the purposes of this section, may arrange for the supply of gas at a relevant customer's premises to be disconnected— (a) in the prescribed circumstances (if any); and (b) in accordance with the prescribed requirements (if any). S. 48DU 48DU Restrictions on gas retailer or exempt gas seller inserted by No. 28/2021 disconnecting supply of gas s. 23 (as amended by A gas retailer or exempt gas seller must not No. 41/2021 ss 107–116). arrange for the supply of gas to a relevant customer's premises to be disconnected— (a) if the relevant customer is a registered life support customer; or (b) if there is a disconnection related complaint that is unresolved; or (c) if the relevant customer is receiving relevant assistance and is complying with the terms and conditions of that assistance; or (d) if the relevant customer advises the gas retailer or exempt gas seller, or the gas retailer or exempt gas seller is otherwise aware, that the customer has made a gas payment assistance application and the application has not been decided; or (e) during a protected period; or Authorised by the Chief Parliamentary Counsel 112 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (f) in the prescribed circumstances. Subdivision 4—Disconnection for fraudulent or illegal taking of gas 48DV Supply of gas may be disconnected if gas taken by S. 48DV fraudulent or illegal means—gas retailers inserted by No. 28/2021 (1) Subject to subsection (2), a gas retailer may s. 23 (as amended by arrange for the supply of gas at a person's No. 41/2021 premises to be disconnected if— ss 107–116). (a) a person at the premises takes the supply of gas without a supply and sale contract with the gas retailer for the taking of that gas; and (b) the person does not have a deemed contract with the gas retailer under section 46(1) or (2) because of section 46(8) or (9). (2) A gas retailer must not arrange for the supply of gas at a person's premises to be disconnected under subsection (1) if— (a) the person was a relevant customer of the gas retailer; and (b) the person was a registered life support customer in relation to the gas retailer immediately before taking the supply of gas without a supply and sale contract with the gas retailer; and (c) at the time at which disconnection of the supply of gas is to occur, the life support customer details of the person from when the person was a relevant customer are in the register of life support customers and residents of the gas retailer. (3) A gas retailer who arranges for the supply of gas at a person's premises to be disconnected under subsection (1) other than in accordance with this section, and knows, or is reckless as to whether, Authorised by the Chief Parliamentary Counsel 113 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry the disconnection is not in accordance with this section, is guilty of an offence and liable to a penalty not exceeding— (a) in the case of a natural person, 1200 penalty units or 10 years imprisonment; or (b) in the case of a body corporate, 6000 penalty units. (4) An offence against subsection (3) is an indictable offence. (5) A gas retailer must not arrange for the supply of gas at a person's premises to be disconnected under subsection (1) except in accordance with this section. (6) A gas retailer who contravenes subsection (5) commits an offence against that subsection and is liable to a penalty not exceeding— (a) in the case of a natural person, 120 penalty units or 12 months imprisonment; or (b) in the case of a body corporate, 600 penalty units. (7) Subsection (5) is a civil penalty requirement for the purposes of the Essential Services Commission Act 2001. Note For matters relating to contraventions of provisions that are offences and civil penalty requirements, see Subdivision 4 of Division 1 of Part 7 of the Essential Services Commission Act 2001. S. 48DW 48DW Supply of gas may be disconnected if gas taken by inserted by No. 28/2021 fraudulent or illegal means—exempt gas sellers s. 23 (as amended by (1) Subject to subsection (2), an exempt gas seller No. 41/2021 ss 107–116). specified under an applicable Code for the purposes of this section may arrange for the supply of gas at a person's premises to be Authorised by the Chief Parliamentary Counsel 114 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry disconnected in accordance with any requirements under an applicable Code if— (a) the person takes the supply of gas by fraudulent or illegal means; and (b) the person does not have a supply and sale contract with the exempt gas seller. (2) An exempt gas seller must not arrange for the supply of gas at a person's premises to be disconnected under subsection (1) if— (a) the person was a relevant customer (as described in section 48DD(1)(b)) of the exempt gas seller; and (b) the person was a registered life support customer in relation to the exempt gas seller immediately before taking the supply of gas without a supply and sale contract with the exempt gas seller; and (c) at the time at which disconnection of the supply of gas is to occur, the life support customer details of the person from when the person was a relevant customer are in the register of life support customers and residents of the exempt gas seller. (3) An exempt gas seller who arranges for the supply of gas at a person's premises to be disconnected under subsection (1) other than in accordance with this section, and knows, or is reckless as to whether, the disconnection is not in accordance with this section, is guilty of an offence and liable to a penalty not exceeding— (a) in the case of a natural person, 1200 penalty units or 10 years imprisonment; or (b) in the case of a body corporate, 6000 penalty units. Authorised by the Chief Parliamentary Counsel 115 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (4) An offence against subsection (3) is an indictable offence. (5) An exempt gas seller must not arrange for the supply of gas at person's premises to be disconnected under subsection (1) except in accordance with this section. (6) An exempt gas seller who contravenes subsection (5) commits an offence against that subsection and is liable to a penalty not exceeding— (a) in the case of a natural person, 120 penalty units or 12 months imprisonment; or (b) in the case of a body corporate, 600 penalty units. (7) Subsection (5) is a civil penalty requirement for the purposes of the Essential Services Commission Act 2001. Note For matters relating to contraventions of provisions that are offences and civil penalty requirements, see Subdivision 4 of Division 1 of Part 7 of the Essential Services Commission Ac 2001. Subdivision 5—Register of life support customers and residents S. 48DX 48DX Register of life support customers and residents inserted by No. 28/2021 (1) A gas retailer or an exempt gas seller must s. 23 (as establish and maintain a register of life support amended by No. 41/2021 customers and life support residents. ss 107–116). (2) A gas retailer or an exempt gas seller must not remove any life support customer details relating to a registered life support customer from a register of life support customers and residents except— Authorised by the Chief Parliamentary Counsel 116 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (a) at the request of the registered life support customer in accordance with an applicable Code; or (b) as provided under an applicable Code. (2A) A gas retailer or an exempt gas seller who contravenes subsection (1) or (2) commits an offence against that subsection and is liable to a penalty not exceeding— (a) in the case of a natural person, 120 penalty units or 12 months imprisonment; or (b) in the case of a body corporate, 600 penalty units. (2B) Subsections (1) and (2) are civil penalty requirements for the purposes of the Essential Services Commission Act 2001. (3) A gas retailer or an exempt gas seller may maintain the register of life support customers and residents in any form and manner determined by the gas retailer or exempt gas seller. Note For matters relating to contraventions of provisions that are offences and civil penalty requirements, see Subdivision 4 of Division 1 of Part 7 of the Essential Services Commission Act 2001. Subdivision 6—Miscellaneous 48DY Alternative verdict for charge of knowingly or S. 48DY recklessly disconnecting supply of gas at premises inserted by No. 28/2021 (1) This section applies if, on the trial of a gas retailer s. 23 (as amended by or an exempt gas seller charged with an offence No. 41/2021 against section 48DF(1), 48DV(3) or 48DW(3), ss 107–116). the jury are not satisfied that the gas retailer or exempt gas seller is guilty of the offence charged, but are satisfied that the gas retailer or exempt gas Authorised by the Chief Parliamentary Counsel 117 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry seller is guilty of an offence against section 48DG, 48DV(5) or 48DW(5) (as the case requires). (2) The jury may acquit the gas retailer or exempt gas seller of the offence charged and find the gas retailer or exempt gas seller guilty of an offence against section 48DG, 48DV(5) or 48DW(5) (as the case requires) and the gas retailer or exempt gas seller is liable to punishment accordingly. Pt 3 Div. 4A (Heading and Division 4A—Hardship policies ss 48E–48K) inserted by No. 60/2006 s. 5. S. 48E 48E Definitions inserted by No. 60/2006 s. 5. In this Division— S. 48E def. of amended financial hardship policy means a amended financial financial hardship policy that is varied or hardship replaced in accordance with section policy inserted by 48GA(3)(a) or 48GB; No. 3/2014 s. 17(c). S. 48E def. of * * * * * approved financial hardship policy repealed by No. 3/2014 s. 17(a). S. 48E def. of domestic customer means a person supplied with domestic customer gas for use for domestic purposes; amended by No. 3/2014 s. 17(b). Authorised by the Chief Parliamentary Counsel 118 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry financial hardship policy means a policy or an S. 48E def. of amended financial hardship policy approved financial hardship by the Commission under section 48I. policy inserted by No. 3/2014 s. 17(c). 48F Objects S. 48F inserted by No. 60/2006 Without limiting section 18(c), the objects of this s. 5, Division are— amended by No. 49/2015 (a) to recognise that financial hardship may be s. 26. suffered by domestic customers; and (b) to promote best practice in gas service delivery to facilitate continuity of gas supply to domestic customers experiencing financial hardship. 48G Financial hardship policies S. 48G inserted by No. 60/2006 s. 5. (1) A licence to sell gas is deemed to include a S. 48G(1) substituted by condition requiring the licensee to, within No. 3/2014 3 months after being granted a licence— s. 18(1). (a) prepare a policy to deal with domestic customers experiencing financial hardship; and (b) submit the policy for approval to the Commission under section 48I. * * * * * S. 48G(2) repealed by No. 3/2014 s. 18(1). (3) A licence to sell gas is deemed to include a S. 48G(3) amended by condition requiring the licensee to implement a No. 3/2014 financial hardship policy by the date specified in s. 18(2). the financial hardship policy. Authorised by the Chief Parliamentary Counsel 119 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry S. 48G(4) (4) A term or condition in a contract for the supply or amended by sale of gas by a licensee to a domestic customer is No. 3/2014 s. 18(3). void to the extent that it is inconsistent with the financial hardship policy of the licensee. S. 48GA 48GA Review of financial hardship policy at the direction inserted by No. 3/2014 of Commission s. 19. (1) This section applies if the Commission is of the opinion that a financial hardship policy of a licensee requires review. (2) The Commission may direct the licensee to review the policy and, if necessary— (a) make variations so that the policy complies with section 48GC; or (b) replace the policy with a policy that complies with section 48GC. (3) On receiving a direction under subsection (2), a licensee must— (a) vary or replace the policy in accordance with any direction of the Commission; and (b) submit the amended financial hardship policy to the Commission for approval under section 48I. S. 48GB 48GB Licensee may submit variation to, or replacement inserted by No. 3/2014 of, financial hardship policy for approval s. 19. A licensee may submit to the Commission a variation to, or a replacement of, a financial hardship policy for approval under section 48I. S. 48GC 48GC Content of financial hardship policies inserted by No. 3/2014 s. 19. A policy submitted in accordance with section 48G(1), or an amended financial hardship policy submitted in accordance with section 48GA(3)(b) or 48GB, must include— Authorised by the Chief Parliamentary Counsel 120 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (a) flexible payment options for payment of gas bills; and (b) provision for the auditing of a domestic customer's gas usage (whether wholly or partly at the expense of the licensee); and (c) flexible options for the purchase or supply of replacement gas appliances designed for domestic use from the licensee or a third party nominated by the licensee; and (d) processes for the early response by both S. 48GC(d) amended by licensees and domestic customers to gas bill No. 37/2020 payment difficulties; and s. 18(a). (e) any matter that a deemed Ministerial licence S. 48GC(e) inserted by condition to which the licence held by the No. 37/2020 licensee is subject requires to be included in s. 18(b). the policy or amended financial hardship policy, as the case requires. 48H Commission may develop guidelines S. 48H inserted by No. 60/2006 (1) The Commission may prepare and issue s. 5. guidelines in relation to the development and implementation by licensees of financial hardship policies. (2) The Commission may amend any guidelines issued under this section. (3) The Commission must publish each guideline issued under this section and each amendment of a guideline. Authorised by the Chief Parliamentary Counsel 121 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry S. 48I 48I Commission approval (Heading) substituted by No. 3/2014 s. 20(1). S. 48I inserted by No. 60/2006 s. 5. S. 48I(1) (1) Subject to this section, the Commission must substituted by No. 3/2014 consider and may, if it considers appropriate, s. 20(2), approve— amended by No. 37/2020 s. 19(1). (a) a policy submitted in accordance with section 48G(1); or (b) an amended financial hardship policy submitted in accordance with section 48GA(3)(b) or 48GB. S. 48I(2) (2) In deciding whether to approve a policy amended by No. 3/2014 submitted in accordance with section 48G(1), s. 20(3). or an amended financial hardship policy submitted in accordance with section 48GA(3)(b) or 48GB, the Commission must have regard to— (a) the essential nature of the gas supply; and (b) community expectations that licensees will work with domestic customers to manage customers' present and future gas usage and associated financial obligations; and (c) community expectations that the gas supply will not be disconnected solely because of a customer's inability to pay for the gas supply; and (d) the principle that the gas supply to premises should only be disconnected as a last resort; and Authorised by the Chief Parliamentary Counsel 122 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (e) the principle that there should be equitable access to financial hardship policies and that those policies should be transparent and applied consistently. (3) The Commission must not approve a policy S. 48I(3) amended by submitted in accordance with section 48G(1), or No. 3/2014 an amended financial hardship policy submitted in s. 20(4). accordance with section 48GA(3)(b) or 48GB, that does not include the provisions set out in section 48GC. (4) In addition, the Commission must not approve a S. 48I(4) repealed by policy submitted by a licensee in accordance with No. 3/2014 section 48G(1), or an amended financial hardship s. 20(5), new s. 48I(4) policy submitted by a licensee in accordance with inserted by section 48GA(3)(b) or 48GB, if that policy or No. 37/2020 s. 19(2). amended policy is inconsistent with a deemed Ministerial licence condition to which the licence held by the licensee is subject. * * * * * S. 48J inserted by No. 60/2006 s. 5, repealed by No. 3/2014 s. 21. * * * * * S. 48K inserted by No. 60/2006 s. 5, amended by No. 3/2014 s. 22, repealed by No. 28/2021 s. 24. Division 5—Community service agreements 49 Community services (1) An agreement by a gas retailer with the State for the provision of community services is an agreement for a term of not less than 5 years for Authorised by the Chief Parliamentary Counsel 123 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry the provision by the gas retailer of gas to a class of domestic customers specified by the Secretary to the Department of Human Services— (a) at such concessional rates and in such manner and at such times as are determined by the Secretary; and (b) on such other terms and conditions as are agreed between the retailer and the State or, in default of agreement, as are determined by the Secretary. S. 49(2) (2) In determining terms and conditions under amended by No. 82/2004 subsection (1)(b), the Secretary must have regard s. 13(Sch. to the risks and costs associated with the item 4). obligations imposed on the gas retailer under the agreement and must ensure that the terms and conditions are consistent with any relevant concession order made under the State Concessions Act 2004. 50 Transitional provision relating to community services (1) An agreement to which this section applies that, but for section 48TAB of the Gas Industry Act 1994, would have ceased to have effect on 31 August 2001 continues in force until the expiration of the prescribed period or terminated upon the making of a new agreement by the gas retailer with the State for the provision of community services by way of the provision of gas to certain customers, whichever first occurs. (2) The prescribed period is the period ending on 31 December 2001 or such other date, not later than 31 March 2002, as is agreed between the gas retailer and the Secretary to the Department of Human Services. Authorised by the Chief Parliamentary Counsel 124 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (3) If a new agreement is not made between the gas retailer and the State before the expiration of the prescribed period, an agreement is deemed to have been entered into on terms and conditions determined by the Secretary in accordance with section 49. (4) This section applies to an agreement in force before 1 September 2001 under which a gas retailer agrees with the State to provide certain community services by way of the provision of gas to customers. 51 The Commission may decide certain matters S. 51 (Heading) amended by Nos 62/2001 s. 77(c)(i), 75/2004 s. 48(1). (1) The Commission, at the request of the Secretary to S. 51(1) amended by the Department of Human Services or a gas No. 62/2001 retailer, may— s. 77(c)(i). (a) decide matters referred by the Secretary or S. 51(1)(a) amended by gas retailer for decision for the purposes of No. 75/2004 making an agreement referred to in s. 48(2)(a)(i)(ii). section 49 or 50; or (b) if an agreement referred to in section 49 S. 51(1)(b) amended by or 50 has been entered into or deemed to be No. 75/2004 entered into on terms and conditions s. 48(2)(b)(i)(ii). determined by the Secretary under section 49, decide matters relating to those terms and conditions (including the variation of any of those terms and conditions) referred by the Secretary or gas retailer for decision. (2) A request relating to a term or condition S. 51(2) amended by determined by the Secretary under section 49 must No. 75/2004 be made within one month after notice of the s. 48(2)(c). decision is given. Authorised by the Chief Parliamentary Counsel 125 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry S. 51(3) (3) A decision by the Commission on matters referred amended by under subsection (1) is binding on the parties to Nos 62/2001 s. 77(c)(ii), the agreement. 75/2004 s. 48(2)(c). S. 51(4) (4) If a decision of the Commission on matters amended by Nos 62/2001 referred under subsection (1) varies a term or s. 77(c)(ii), condition of an agreement, that agreement is 75/2004 s. 48(2)(c). deemed to be so varied on that decision being made. S. 51(5) (5) The matters which may be referred to the amended by No. 62/2001 Commission under this section do not include— s. 77(c)(ii). (a) any matters relating to the class of domestic customers specified by the Secretary under section 49; or (b) any matters determined by the Secretary under section 49(1)(a). Pt 3 Div. 6 (Heading and Division 6—Supplier of last resort ss 51A-51K) inserted by No. 55/2007 s. 14. S. 51A 51A Definitions inserted by No. 55/2007 s. 14. In this Division— defaulting licensee has the meaning given by section 51D(5); gas distribution services means services provided by means of a distribution pipeline; insolvency official means an administrator, liquidator, provisional liquidator, receiver or receiver and manager; S. 51A def. of MIRN means the unique identifier for a gas MIRN substituted by metering installation allocated and registered No. 57/2009 under the Retail Market Procedures within s. 18. Authorised by the Chief Parliamentary Counsel 126 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry the meaning of the National Gas (Victoria) Law; network tariff code means the descriptor assigned by a gas distribution company to its charges for gas distribution services or charges for classes of gas distribution services that it supplies; related relevant customer information has the meaning given by section 51B; relevant customer means a person, or a member of a class of persons, to whom an Order under section 51C(1) applies; relevant customer information means the following information— (a) the name and contact details of a relevant customer; and (b) the address of a relevant customer for gas billing purposes; and (c) the address of a relevant customer at which the relevant customer is supplied gas if that address is different from the address for gas billing purposes; and (d) the MIRN for the gas metering installation at the supply point at which a relevant customer is supplied gas; and (e) the network tariff code or network tariff codes relating to the gas distribution services supplied by a gas distribution company to enable a relevant customer to be supplied gas; and (f) details of a relevant customer's average monthly gas consumption at premises where the relevant customer is supplied gas, calculated on the basis of that customer's monthly gas consumption at Authorised by the Chief Parliamentary Counsel 127 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry the premises in the 12 months immediately prior to the occurrence of the trigger event; and (g) information evidencing whether a relevant customer is an eligible beneficiary (within the meaning of the State Concessions Act 2004); and (h) details of any continuous supply arrangements for a relevant customer who requires that kind of supply because of a medical condition; relevant customer information notice means a notice given under section 51G(2) or (3); specified relevant customer information means relevant customer information specified in a notice under section 51G(2) or (3); supplier of last resort means a licensee who— (a) holds a licence the conditions of which are subject to a requirement of the kind specified in section 51D(1); and (b) by operation of section 51D(5), is obliged to supply or sell gas to a relevant customer in accordance with that requirement; trigger event means an event specified in section 51D(5)(a) or (b). S. 51B 51B Meaning of related relevant customer information inserted by No. 55/2007 s. 14. Related relevant customer information is information relating to a relevant customer of a defaulting licensee (that is not relevant customer information) that the Commission considers a supplier of last resort must have in order for that supplier to perform its obligation under section 51D(5) in relation to that relevant customer. Authorised by the Chief Parliamentary Counsel 128 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry 51C Relevant customers for the purposes of this Division S. 51C inserted by (1) The Governor in Council may, by Order published No. 55/2007 in the Government Gazette, declare that a person s. 14. or a class of persons specified in the Order is, for the purposes of this Division, a relevant customer or class of relevant customers. (2) An Order under subsection (1) may specify a class of persons by reference to all or any of the following— (a) the person authorised to sell the gas; (b) the purpose for which the gas is used; (c) the quantity of gas used; (d) the period of use; (e) the place of supply; (f) any other specified factor relevant to the sale of gas. (3) An Order under subsection (1) may confer powers and functions on, and leave any matter to be decided by, the Commission. 51D Licence condition—supplier of last resort S. 51D inserted by No. 55/2007 (1) Without limiting the generality of section 28, the s. 14. conditions to which a licence to provide services by means of a distribution pipeline or to sell gas by retail is subject may include a requirement that, in certain circumstances, the licensee, on tariffs, terms and conditions approved by the Commission, having regard to the matters referred to in subsection (2), supply or sell gas to relevant customers to whom gas is supplied or sold under another licence (whether held by that licensee or another licensee). (2) In approving the tariffs and terms and conditions of a requirement referred to in subsection (1), the Commission must have regard to— Authorised by the Chief Parliamentary Counsel 129 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (a) the risks and costs associated with the requirement; and (b) the extent to which the licensee or another licensee has developed systems to comply with such a requirement; and (c) any tariffs and terms and conditions proposed by the licensee whether or not at the request of the Commission. (3) A requirement referred to in subsection (1) does not apply so as to require the licensee to supply or sell gas— (a) if the licensee's licence provides for a distribution area, outside that area; or (b) to a customer to whom gas is supplied or sold under another licence if the customer elects, in writing given to the holder of that other licence, not to be a customer of that other licensee for the purposes of subsection (1); or S. 51D(3)(c) (c) if to do so would be inconsistent with the amended by No. 30/2008 licensee's obligations under the National Gas s. 41(5). (Victoria) Law. (4) If the conditions to which a licence of a licensee is subject include a requirement referred to in subsection (1), the licensee is deemed to be authorised to supply or sell gas to the extent necessary to comply with the requirement. (5) The obligation of a licensee to supply or sell gas to a relevant customer to whom gas is supplied or sold under another licence (the defaulting licensee) in accordance with the requirement referred to in subsection (1) commences when— (a) the defaulting licensee's licence is revoked; or Authorised by the Chief Parliamentary Counsel 130 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (b) the defaulting licensee's registration as a S. 51D(5)(b) Registered participant in the capacity of a substituted by No. 23/2009 retailer is revoked under the National Gas s. 27. Rules after a notice of suspension was issued to the licensee by AEMO under those Rules— whichever first occurs. (6) The obligation of the supplier of last resort ends— (a) 3 months after its commencement; or (b) when the customer advises the supplier of last resort that the supply or sale is no longer required; or (c) when the customer transfers to become the customer of another licensee; or (d) when the customer enters into a new contract with the supplier of last resort for the supply or sale of gas— whichever first occurs. (7) The Commission must notify the supplier of last resort, as soon as practicable, of the commencement of the supplier of last resort's obligation under subsection (5). 51E Tariffs, terms and conditions for gas supply S. 51E inserted by following trigger event No. 55/2007 s. 14. (1) This section applies if a trigger event occurs. (2) The tariffs and terms and conditions upon which a supplier of last resort will supply or sell gas to relevant customers of a defaulting licensee are— (a) the tariffs and terms and conditions approved by the Commission after proposed tariffs, terms and conditions have been submitted by that supplier for approval; or Authorised by the Chief Parliamentary Counsel 131 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (b) if— (i) the supplier has submitted tariffs, terms and conditions for approval and any changes proposed by the Commission are not adopted by the supplier within one month after being proposed; or (ii) if the supplier, after being given at least one month's notice to submit proposed tariffs, terms and conditions to the Commission, fails to comply with the request— the tariffs, terms and conditions specified by the Commission as the approved tariffs, terms and conditions. (3) The supplier of last resort, or if the Commission specifies the tariffs, terms and conditions, the Commission, must cause notice of the approved tariffs, terms and conditions to be published in the Government Gazette. (4) The tariffs, terms and conditions of which notice has been published in accordance with subsection (3) are binding on the supplier of last resort and the relevant customers to which they apply and, when the supplier of last resort is acting in accordance with those tariffs, terms and conditions, they have effect despite any agreement or instrument to the contrary relating to the distribution or supply, or sale of gas to those relevant customers. (5) A supplier of last resort and a relevant customer to whom the supplier of last resort has an obligation under section 51D(5) to supply or sell gas are deemed to have entered into a contract on the relevant tariffs, terms and conditions published under subsection (3). Authorised by the Chief Parliamentary Counsel 132 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (6) The terms and conditions of a requirement referred to in section 51D(1) may include a condition setting out circumstances in which a supplier of last resort must continue to supply or sell gas to a relevant customer to whom the supplier of last resort supplies or sells gas under an obligation under section 51D(5) after that obligation comes to an end in accordance with section 51D(6)(a). (7) A condition referred to in subsection (6) must provide for the tariff or tariffs and the terms and conditions for the continued supply or sale of gas to be determined by the supplier of last resort. 51F Variation of tariffs, terms and conditions for gas S. 51F inserted by supply by supplier of last resort No. 55/2007 s. 14. (1) Terms and conditions approved or specified by the Commission under section 51E may be varied from time to time. (2) Section 51E applies to a variation under this section in the same manner as it applies to the approval or specification of a term or condition. (3) If a variation is approved or specified under this section, section 51E(4) and (5) apply to the terms and conditions as so varied. 51G Supply of specified relevant customer information S. 51G inserted by after trigger event No. 55/2007 s. 14. (1) This section applies if a trigger event occurs. (2) The Commission, by written notice, may request a defaulting licensee, or if an insolvency official has been appointed for the defaulting licensee, the insolvency official, for— (a) relevant customer information; and (b) related relevant customer information— specified in the notice. Authorised by the Chief Parliamentary Counsel 133 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (3) A supplier of last resort, by written notice, may request— (a) a defaulting licensee; or (b) if an insolvency official has been appointed for the defaulting licensee, the insolvency official— for relevant customer information specified in the notice. (4) The Commission or the supplier of last resort is not entitled to request information under subsection (2) or (3) in respect of a relevant customer after the obligation of the supplier of last resort specified in section 51D(5) ends in accordance with section 51D(6) in respect of that customer. (5) A notice under subsection (2) or (3) must— (a) state the name of the supplier of last resort and the contact details of a representative of the supplier; and (b) specify the day by when the specified relevant customer information must be given to the Commission or supplier of last resort (as the case requires), being a day that is not less than 3 days after the date of the notice; and (c) set out the details of the trigger event; and (d) specify the manner in which the specified relevant customer information must be given; and (e) state that this notice is given under this section; and (f) include a statement to the effect that if section 51H(1) is contravened, proceedings may be brought under section 51J or the Authorised by the Chief Parliamentary Counsel 134 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry Essential Services Commission Act 2001 in respect of that contravention. Note A proceeding may be brought under the Essential Services Commission Act 2001 in respect of a defaulting licensee who is in breach of the licence condition specified in section 51H. 51H Compliance with a relevant customer information S. 51H inserted by notice No. 55/2007 s. 14. (1) A defaulting licensee, or an insolvency official appointed for a defaulting licensee, must comply with a relevant customer information notice that is given to them if the defaulting licensee or insolvency official has the specified relevant customer information in their possession, custody or control. (2) Without limiting section 28, subsection (1) is deemed to be a licence condition of a defaulting licensee whose licence has not been revoked. 51I Commission to give specified relevant customer S. 51I inserted by information it is given to supplier of last resort No. 55/2007 s. 14. On being given specified relevant customer information, the Commission must give that information to the supplier of last resort that is obliged under section 51D(5) to supply or sell gas to the relevant customer to which that information relates. 51J Proceedings for contravention of requirement to S. 51J inserted by comply with relevant customer information notice No. 55/2007 s. 14. (1) This section applies if— (a) the Commission or a supplier of last resort gives a relevant customer information notice to a defaulting licensee or an insolvency official appointed for a defaulting licensee; and Authorised by the Chief Parliamentary Counsel 135 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (b) the defaulting licensee or insolvency official does not comply with any aspect of the notice. (2) The Supreme Court, on an application by the Commission or the supplier of last resort that gave the relevant customer information notice may, by order, declare whether or not the defaulting licensee or insolvency official to which the application relates has contravened section 51H(1). (3) If the order declares the person to have contravened section 51H(1), the order may include a requirement that the defaulting licensee or insolvency official take such action, or adopt such practice, as the Supreme Court requires for remedying the contravention or preventing a recurrence of the contravention. S. 51K 51K Corporations Act displacement inserted by No. 55/2007 s. 14, This Division is declared to be a Corporations amended by legislation displacement provision for the No. 51/2012 s. 7. purposes of section 5G of the Corporations Act in relation to the provisions of Chapter 2D and Chapter 5 of that Act. Note Section 5G of the Corporations Act provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency. Authorised by the Chief Parliamentary Counsel 136 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry Division 7—Trial waivers Pt 3 Div. 7 (Headings and ss 52–69) inserted by No. 33/2021 s. 15 (as amended by Subdivision 1—Interpretation No. 41/2021 s. 92). 52 Definitions New s. 52 inserted by In this Division— No. 33/2021 s. 15 (as innovative trial principles—see section 53; amended by No. 41/2021 proponent—see section 55(1); s. 92). supply of, or demand for, gas, in relation to a trial project, includes the provision of services by means of a distribution pipeline or the sale of gas by retail; trial project means a project that tests an approach in relation to the supply of, or demand for, gas; trial project guidelines means the guidelines prepared and issued under section 64; trial waiver information means— (a) information considered by the Commission in making a determination under section 55 or any other decision under this Division; or (b) information relating to the operation and administration of a trial waiver; or (c) information relating to a contravention by a person granted a trial waiver with conditions to which that trial waiver is subject, including any one or more of the following kinds of information— Authorised by the Chief Parliamentary Counsel 137 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (i) information relating to any proceeding under the Essential Services Commission Act 2001 in respect of such a contravention; (ii) information relating to the service of any provisional or final order under section 53 of the Essential Services Commission Act 2001 in respect of such a contravention; (iii) information relating to the service of any notice under section 54A or 54G of the Essential Services Commission Act 2001 in respect of such a contravention; trial waiver order means an Order made under section 54. New s. 53 53 Innovative trial principles inserted by No. 33/2021 s. 15 (as The following principles (the innovative trial amended by principles) must be had regard to in determining No. 41/2021 s. 92). whether a trial project is genuinely innovative in connection with granting a trial waiver, or continues to be genuinely innovative in connection with extending the period for which the trial waiver applying to the trial project has effect— (a) whether the trial project is focused, or will continue to focus, on developing new or materially improved approaches to the use or supply of, or demand for, gas; (b) whether the trial project is likely to contribute to the achievement of the objectives of the Commission under this Act and the Essential Services Commission Act 2001; Authorised by the Chief Parliamentary Counsel 138 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (c) whether the trial project is able to demonstrate, or will continue to demonstrate, a reasonable prospect of giving rise to materially improved services and outcomes for customers who purchase gas; (d) whether the trial project maintains, or will continue to maintain, adequate customer protections for customers who purchase gas, including whether the trial project may involve risks to such customers and, if so, how those risks might be mitigated; (e) whether the trial project is unable to proceed, or continue to proceed, because of this Act or any instrument made under this Act; (f) any other principle specified under a trial waiver order. Subdivision 2—Trial waiver orders 54 Order in Council in relation to trial waivers New s. 54 inserted by (1) The Governor in Council, by Order published in No. 33/2021 the Government Gazette, may do any one or more s. 15 (as amended by of the following— No. 41/2021 s. 92). (a) specify matters the Commission must have regard to when determining whether to— (i) grant a trial waiver; (ii) extend the period of a trial waiver; (iii) vary a trial waiver or a condition to which a trial waiver is subject; (iv) revoke a trial waiver; (b) specify principles for the purposes of section 53; (c) specify a condition or class of condition that the Commission must or may make a trial waiver be subject to; Authorised by the Chief Parliamentary Counsel 139 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (d) specify matters that the Commission must provide for in the trial project guidelines; (e) specify the process for the making or amendment of trial project guidelines by the Commission; (f) direct the Commission to make amendments to any instrument made by the Commission to give effect to any matter specified in the Order; (g) confer powers and functions on, and leave any matter to be decided by, the Commission. (2) An Order under this section may— (a) be of general or limited application; and (b) differ according to differences in time, place and circumstances. Subdivision 3—Grant of trial waivers New s. 55 55 Trial waiver inserted by No. 33/2021 (1) Subject to this section, the Commission may, on s. 15 (as application by a person or body that proposes to amended by No. 41/2021 undertake a trial project (a proponent), make a s. 92). determination to grant the proponent an exemption (a trial waiver) under which the proponent is exempted from the requirement to obtain a licence in respect of the relevant activity specified in the trial waiver. (2) In making a determination to grant a trial waiver, the Commission must be satisfied that the trial project that is the subject of the application is genuinely innovative, and for that purpose, the Commission must have regard to the innovative trial principles. Authorised by the Chief Parliamentary Counsel 140 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (3) In addition, in making a determination to grant a trial waiver, the Commission— (a) must have regard to any matter specified under a trial waiver order as a matter that the Commission must have regard to in making a determination to grant a trial waiver; and (b) may have regard to any matter that the Commission considers relevant, including any matter specified under the trial project guidelines as a matter that the Commission may have regard to in making a determination to grant a trial waiver. (4) The Commission must not grant a trial waiver if the Commission reasonably considers that the trial project is unlikely to be carried out. (5) Without limiting subsection (4), the Commission may refuse to consider an application. In doing so, the Commission may have regard to any matter that the Commission considers relevant, including any matter specified under the trial project guidelines as a matter that the Commission may have regard to in refusing an application. (6) An application for a trial waiver must be made in accordance with the trial project guidelines. (7) A trial waiver granted under this section must be in writing. (8) To avoid doubt, a proponent may be— (a) a licensee; or (b) a person who is, because of an Order under section 24, exempt from the requirement to obtain a licence in respect of— (i) the provision of services by means of a distribution pipeline; or (ii) the sale of gas by retail. Authorised by the Chief Parliamentary Counsel 141 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry New s. 56 56 Conditions of trial waiver inserted by No. 33/2021 (1) Subject to this section, a trial waiver granted s. 15 (as under section 55 is subject to any conditions that amended by No. 41/2021 the Commission considers appropriate. s. 92). (2) If a trial waiver order specifies a condition or class of condition that the Commission must make a trial waiver be subject to, the Commission must grant the trial waiver subject to the condition or condition of the class specified in the trial waiver order. (3) For the purposes of subsection (1), the kinds of conditions that the Commission may consider appropriate include conditions that a trial waiver order specifies as conditions that the trial waiver may be subject to. New s. 57 57 Consultation on trial waiver inserted by No. 33/2021 s. 15 (as Before granting a trial waiver, the Commission amended by must undertake consultation (including with the No. 41/2021 s. 92). proponent) in accordance with the trial project guidelines. New s. 58 58 Publication of trial waiver inserted by No. 33/2021 s. 15 (as As soon as practicable after a trial waiver is made, amended by a copy of the trial waiver must be published on the No. 41/2021 s. 92). Commission's internet site. New s. 59 59 Duration of trial waiver inserted by No. 33/2021 s. 15 (as Subject to this Division, a trial waiver has effect amended by from the day specified in the trial waiver and for No. 41/2021 s. 92). the period (not exceeding 5 years) specified in the trial waiver. Authorised by the Chief Parliamentary Counsel 142 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry Subdivision 4—Extension of trial waivers 60 Extension of trial waiver New s. 60 inserted by (1) The Commission, in accordance with the trial No. 33/2021 project guidelines, may extend the period for s. 15 (as amended by which a trial waiver has effect by a period No. 41/2021 determined by the Commission (which cannot s. 92). exceed one year). (2) In determining whether to grant an extension under subsection (1), the Commission must be satisfied that the trial project to which the trial waiver applies continues to be genuinely innovative, and for that purpose, the Commission must have regard to the innovative trial principles. (3) In addition, in determining whether to grant an extension under subsection (1), the Commission— (a) must have regard to any matter specified under a trial waiver order as a matter that the Commission must have regard to in determining whether to extend the period of the trial waiver; and (b) may have regard to any matter that the Commission considers relevant, including any matter specified under the trial project guidelines as a matter that the Commission may have regard to in determining whether to extend the period for which a trial waiver has effect. (4) An extension under subsection (1) must be— (a) in writing; and (b) published on the Commission's internet site. (5) An extension under subsection (1) may only be granted once in respect of a trial waiver granted under this Division. Authorised by the Chief Parliamentary Counsel 143 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry Subdivision 5—Variation and revocation of trial waivers New s. 61 61 Variation of trial waiver, or conditions of trial inserted by waiver, by Commission No. 33/2021 s. 15 (as (1) Subject to this section, the Commission may, on amended by No. 41/2021 its own initiative, vary a trial waiver, or a s. 92). condition to which a trial waiver is subject— (a) if the Commission is of the view that the person granted the trial waiver is contravening or has contravened a condition of the trial waiver; or (b) to ensure that the conditions to which the trial waiver is subject are consistent with a condition or condition of a class specified under a trial waiver order as a condition that the trial waiver must or may be subject to; or (c) if the Commission considers it appropriate to do so. (2) The Commission must not vary a trial waiver, or a condition to which the trial waiver is subject, under subsection (1)(a) unless— (a) the Commission serves on the person notice of its intention to do so; and (b) the Commission, in the notice served under paragraph (a), specifies the action the person granted the trial waiver is required to take— (i) to rectify the contravention of the trial waiver or the trial waiver condition; and (ii) to prevent any future contravention of the trial waiver or the trial waiver condition; and Authorised by the Chief Parliamentary Counsel 144 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (c) the Commission has given the person an opportunity to make representations on the matter. (3) The Commission must not vary a trial waiver, or a condition to which the trial waiver is subject, under subsection (1)(b) or (c) unless— (a) the Commission serves on the person notice of its intention to do so; and (b) the Commission has given the person an opportunity to make representations on the matter; and (c) the Commission is satisfied that the variation is necessary having regard to the objectives of the Commission under this Act and under the Essential Services Commission Act 2001. (4) The Commission must not vary a trial waiver, or a condition to which the trial waiver is subject, so that the trial waiver or the conditions to which the trial waiver is subject are inconsistent with a condition or condition of a class specified under a trial waiver order as a condition or class of condition that the trial waiver must be subject to. (5) In determining whether to vary a trial waiver, or a condition to which a trial waiver is subject, under subsection (1), the Commission— (a) must have regard to any matter specified under a trial waiver order as a matter that the Commission must have regard to in determining whether to vary— (i) a trial waiver; or (ii) a condition to which a trial waiver is subject. Authorised by the Chief Parliamentary Counsel 145 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (b) may have regard to any matter that the Commission considers relevant, including any matter specified under the trial project guidelines as a matter that the Commission may have regard to in determining whether to vary— (i) a trial waiver; or (ii) a condition to which a trial waiver is subject. New s. 62 62 Variation of trial waiver, or conditions of trial inserted by No. 33/2021 waiver, by agreement s. 15 (as amended by The Commission may, by agreement with a No. 41/2021 s. 92). person granted a trial waiver, vary the trial waiver or a condition to which the trial waiver is subject. New s. 63 63 Revocation of trial waiver inserted by No. 33/2021 s. 15 (as (1) The Commission may, in accordance with the trial amended by project guidelines, revoke a trial waiver. No. 41/2021 s. 92). (2) In determining whether to revoke a trial waiver, the Commission— (a) must have regard to any matter specified under a trial waiver order as a matter that the Commission must have regard to in determining whether to revoke a trial waiver; and (b) may have regard to any matter that the Commission considers relevant, including any matter specified under the trial project guidelines as a matter that the Commission may have regard to in determining whether to revoke a trial waiver. Authorised by the Chief Parliamentary Counsel 146 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry Subdivision 5A—Compliance 63A Compliance with conditions of trial waiver S. 63A inserted by (1) A person granted a trial waiver must comply with No. 33/2021 any conditions to which the trial waiver is subject. s. 15 (as amended by No. 41/2021 (2) Subsection (1) is a civil penalty requirement for s. 92). the purposes of the Essential Services Commission Act 2001. Subdivision 6—Trial project guidelines 64 Preparation and issue of trial project guidelines New s. 64 inserted by (1) The Commission must prepare and issue No. 33/2021 guidelines for the purposes of this Division within s. 15 (as amended by one month after the commencement of this No. 41/2021 section. s. 92). (2) Without limiting subsection (1), guidelines developed and issued under that subsection must specify the following— (a) how an application under section 55 must be made, including the steps proponents under that section must take to identify confidential information submitted as part of an application; (b) the approach that the Commission proposes to take in performing its functions and exercising its powers under section 55, including the timeline within which the Commission will aim to make a determination under section 55; (c) the process the Commission proposes to follow when determining whether to refuse to consider a trial waiver application under section 55; (d) the consultation process that the Commission must undertake under section 57; Authorised by the Chief Parliamentary Counsel 147 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (e) the process the Commission proposes to follow for the purpose of determining whether to grant an extension to the period of a trial waiver under section 60; (f) the process the Commission proposes to follow for the purpose of determining whether to revoke a trial waiver under section 63; (g) the steps persons granted trial waivers must take to identify confidential information submitted to the Commission as part of a trial project; (h) any matter that a trial waiver order requires to be specified in the guidelines. (3) In addition, without limiting subsection (1), guidelines developed and issued under that subsection may specify any other matter that the Commission considers necessary— (a) to be had regard to for the purposes of section 55(3)(b) or (5), 60(3)(b), 61(5)(b) or 63(2)(b); or (b) to facilitate trial projects. New s. 65 65 Amendment of trial project guidelines inserted by No. 33/2021 s. 15 (as The Commission may, in accordance with any amended by procedure specified by the Commission, amend No. 41/2021 s. 92). any trial project guidelines issued under section 64. New s. 66 66 Consideration of AER trial project guidelines inserted by No. 33/2021 s. 15 (as (1) In preparing and issuing trial project guidelines amended by under section 64, or amending trial project No. 41/2021 s. 92). guidelines under section 65, the Commission must have regard to the Trial Projects Guidelines (as defined in Chapter 10 of the National Electricity Rules). Authorised by the Chief Parliamentary Counsel 148 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (2) In this section— National Electricity Rules has the same meaning as in the Electricity Industry Act 2000. Subdivision 7—Information sharing with the AER 67 Information disclosure New s. 67 inserted by Subject to Part 4 of the Essential Services No. 33/2021 Commission Act 2001, the Commission may s. 15 (as amended by disclose to the AER any trial waiver information No. 41/2021 in the Commission's possession or control. s. 92). Note Under section 61(3)(a) of the Essential Services Commission Act 2001, a person may disclose confidential or commercially- sensitive information obtained during the exercise of a power or the performance of a function under, or in connection with, that Act or relevant legislation if the disclosure or use is made in the exercise of a power or the performance of a function under, or in connection with, this Act or any relevant legislation. This Act is relevant legislation—see section 17. Subdivision 8—Miscellaneous 68 Register of trial waivers New s. 68 inserted by (1) The Commission must establish and maintain a No. 33/2021 register of trial waivers (the register). s. 15 (as amended by No. 41/2021 (2) The Commission must enter the following details s. 92). in the register in respect of every trial waiver— (a) the name of the person granted the trial waiver; (b) a description of the activity that will be undertaken under the trial waiver; (c) the date of expiry of the trial waiver; (d) information about where a copy of a trial waiver may be accessed. (3) The Commission may maintain the register in any form or manner it considers appropriate. Authorised by the Chief Parliamentary Counsel 149 Gas Industry Act 2001 No. 31 of 2001 Part 3—Regulation of gas industry (4) The Commission must make the register publicly available, free of charge, from the Commission's internet site. New s. 69 69 Trial waiver not personal property inserted by No. 33/2021 s. 15 (as For the purposes of section 8(1)(k) of the Personal amended by Property Securities Act 2009 of the No. 41/2021 s. 92). Commonwealth, a trial waiver is declared not to be personal property. Authorised by the Chief Parliamentary Counsel 150 Gas Industry Act 2001 No. 31 of 2001 Part 4—Gas market provisions Part 4—Gas market provisions * * * * * Pt 4 Div. 1 (Heading and ss 52–59) amended by Nos 39/2005 s. 56(2), 35/2007 ss 7, 8, 55/2007 ss 24–27, 33, repealed by No. 23/2009 s. 29. Division 2—Facilitation of retail competition * * * * * S. 60 amended by No. 59/2008 s. 30(2), repealed by No. 23/2009 s. 29. * * * * * Ss 61–64 amended by No. 62/2001 s. 77(c)(ii), repealed by No. 23/2009 s. 29. * * * * * S. 65 amended by Nos 85/2001 s. 13, 62/2001 ss 77(c)(i), 79(1), 75/2004 s. 49, 39/2005 s. 56(3), repealed by No. 23/2009 s. 29. * * * * * Ss 66, 67 amended by No. 62/2001 s. 77(c)(ii), repealed by No. 23/2009 s. 29. Authorised by the Chief Parliamentary Counsel 151 Gas Industry Act 2001 No. 31 of 2001 Part 4—Gas market provisions S. 67A 67A Commission directions to AEMO in relation to (Heading) supplier of last resort trigger events amended by No. 23/2009 s. 28(1). S. 67A inserted by No. 55/2007 s. 28. S. 67A(1) (1) The Commission, by written notice, may direct substituted by No. 23/2009 AEMO to do a thing specified in the notice so s. 28(2). that a relevant customer in the retail gas market regulated under the Retail Market Procedures can be supplied gas by a supplier of last resort on the occurrence of a trigger event. S. 67A(2) (2) Despite anything to the contrary in this Act, the substituted by No. 23/2009 Retail Market Procedures or the National Gas s. 28(2). Rules, AEMO must comply with a notice under subsection (1). (3) In this section— S. 67A(3) National Gas Rules has the same meaning as in def. of National Gas the National Gas (Victoria) Law; Rules inserted by No. 23/2009 s. 28(3)(a). relevant customer has the same meaning as in section 51A; S. 67A(3) retail gas market has the same meaning as in the def. of retail gas National Gas (Victoria) Law; market inserted by No. 23/2009 s. 28(3)(a). S. 67A(3) Retail Market Procedures has the same meaning def. of Retail Market as in the National Gas (Victoria) Law; Procedures inserted by No. 23/2009 s. 28(3)(a). Authorised by the Chief Parliamentary Counsel 152 Gas Industry Act 2001 No. 31 of 2001 Part 4—Gas market provisions supplier of last resort has the same meaning as in section 51A; trigger event has the same meaning as in section 51A; * * * * * S. 67A(3) def. of VENCorp retail gas market rules repealed by No. 23/2009 s. 28(3)(b). * * * * * S. 68 amended by Nos 62/2001 s. 77(c)(ii), 85/2001 ss 14, 16, 11/2002 s. 3(Sch. 1 item 28.1), 25/2004 s. 16, 75/2004 s. 50, 55/2007 s. 22, expired by force of No. 31/2001 s. 68(6). * * * * * Pt 4 Div. 3 (Heading and s. 69) amended by Nos 62/2001 s. 77(c)(ii), 75/2004 s. 51, repealed by No. 23/2009 s. 29. * * * * * Pt 5 (Heading and ss 70–113) amended by No. 62/2001 s. 77(c)(i)(ii) (d)(h), repealed by No. 25/2004 s. 17.2 Authorised by the Chief Parliamentary Counsel 153 Gas Industry Act 2001 No. 31 of 2001 Pt 6 * * * * * (Headings and ss 114–139) amended by Nos 44/2001 s. 3(Sch. items 57.1– 57.5), 62/2001 s. 77(c)(d), 9/2002 s. 3 (Sch. item 7), 24/2002 s. 22, 40/2003 s. 8, 25/2004 s. 18, 75/2004 ss 52–57, 91/2004 s. 25, 55/2007 s. 31, 21/2012 s. 239 (Sch. 6 items 20.4–20.6), repealed by No. 11/2013 s. 10. Authorised by the Chief Parliamentary Counsel 154 Gas Industry Act 2001 No. 31 of 2001 Part 7—Gas company property and works Part 7—Gas company property and works Division 1—Pipelines generally 140 Certain pipelines are not part of land A transmission pipeline or distribution pipeline— (a) is not part of the land through which it runs; and (b) is personal property. 141 Agreement for operation of pipelines (1) A gas company may enter into an agreement with one or more other gas companies in relation to a pipeline owned by any one of those gas companies, being an agreement that relates to— (a) the operation, use and construction of the pipeline; and (b) the exercise of such rights, and compliance with such obligations, in respect of that operation, use or construction as the owner of the pipeline is entitled to exercise or required to comply with. (2) If an agreement under subsection (1) is in force in respect of a pipeline owned by a gas company— (a) any licence held by the gas company under S. 141(2)(a) substituted by the Pipelines Act 2005 for the pipeline is No. 61/2005 deemed to confer the same rights and s. 217(2)(a). obligations on the other gas company as on the gas company that is the owner of the pipeline; and (b) subject to paragraph (a), nothing in this S. 141(2)(b) amended by section affects the operation of the Pipelines No. 61/2005 Act 2005 in relation to the pipeline. s. 217(2)(b). (3) Nothing in subsection (2) affects the rights of the parties to an agreement under subsection (1). Authorised by the Chief Parliamentary Counsel 155 Gas Industry Act 2001 No. 31 of 2001 Part 7—Gas company property and works S. 141(4) (4) If an agreement is entered into under subsection amended by (1), the parties to the agreement must ensure that a No. 61/2005 s. 217(2)(b). copy of the agreement is given to the Minister administering the Pipelines Act 2005. S. 141(5) (5) For the purposes of the Pipelines Act 2005, a gas substituted by No. 61/2005 company on which rights and obligations are s. 217(3). conferred under this section is deemed to be a licensee. Division 2—Compulsory acquisition of land and easements 142 Power of gas transmission company or gas distribution company to acquire land (1) A gas transmission company or gas distribution company may recommend to the Minister for compulsory acquisition any land required by the gas transmission company or gas distribution company for or in connection with the construction or operation of a transmission pipeline or distribution pipeline. (2) The Land Acquisition and Compensation Act 1986 applies to this Act and for that purpose— (a) the Gas Industry Act 2001 is the special Act; and (b) the Minister is the Authority. (3) Land acquired by the Minister on a recommendation of a gas transmission company or gas distribution company under subsection (1) vests in that gas transmission company or gas distribution company under section 24 of the Land Acquisition and Compensation Act 1986 despite anything to the contrary in that Act. Authorised by the Chief Parliamentary Counsel 156 Gas Industry Act 2001 No. 31 of 2001 Part 7—Gas company property and works (4) 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. 143 Power to acquire easements (1) A corporation to which this section applies may, with the approval of the Governor in Council, acquire compulsorily an easement for or in connection with the construction or operation of a transmission pipeline or a distribution pipeline. (2) The Land Acquisition and Compensation Act 1986 applies to this section and for that purpose— (a) the Gas Industry Act 2001 is the special Act; and (b) the corporation to which this section applies is the Authority. (3) In this section— corporation to which this section applies means a gas distribution company or a gas transmission company; easement includes right, charge, power or privilege in, under, over, affecting or in connection with, land. 144 Application of other laws in relation to land vested in a gas company (1) Sections 26 and 28 of the Land Acquisition and Compensation Act 1986 apply in relation to land that is vested in a gas transmission company or gas distribution company under section 142 as if— (a) any reference to land vested in the Authority were a reference to the land vested in the gas transmission company or gas distribution company (as the case requires); and Authorised by the Chief Parliamentary Counsel 157 Gas Industry Act 2001 No. 31 of 2001 Part 7—Gas company property and works (b) any reference to the Authority entering into possession of the land were a reference to the Authority entering into possession of the land on behalf of the gas transmission company or gas distribution company in which the land is vested. (2) Section 53 of the Transfer of Land Act 1958 applies in relation to land that is vested in a gas transmission company or gas distribution company under section 142 as if a reference in that section to an acquiring authority or authority were a reference to the gas transmission company or gas distribution company (as the case requires). (3) Section 54 of the Transfer of Land Act 1958 applies in relation to land that is vested in a gas transmission company or gas distribution company under section 142 as if a reference in that section to an acquiring authority (except where secondly occurring) were a reference to the gas transmission company or gas distribution company (as the case requires). (4) The Minister may lodge a notification under section 88(2) of the Transfer of Land Act 1958 in respect of an easement acquired under section 142 even though the easement is vested in a gas transmission company or gas distribution company. (5) Section 35(3) of the Subdivision Act 1988 applies in relation to land that is vested in a gas transmission company or gas distribution company under section 142 as if after paragraph (d) there were inserted— "(e) if any land on the plan is vested in a gas transmission company or gas distribution company under section 142 of the Gas Industry Act 2001, must include the name of the company in whom the land is vested.". Authorised by the Chief Parliamentary Counsel 158 Gas Industry Act 2001 No. 31 of 2001 Part 7—Gas company property and works (6) Section 35(6) of the Subdivision Act 1988 applies in relation to land that is vested in a gas transmission company or gas distribution company under section 142 as if paragraphs (k) and (l) provide for the creation of a folio in the name of the gas transmission company or gas distribution company in which the land is vested instead of in the name of the authority. 145 Rateability of property Despite anything to the contrary in the Local Government Act 1989, land is not occupied land for the purposes of that Act merely because there is on or under that land any pipe or system of pipes for, or incidental to the conveyance of gas for sale by retail. Division 3—Easements 146 Making of easements in subdivisions (1) If a proposal for subdivision or consolidation of land is referred to a gas company under the Planning and Environment Act 1987, the gas company may require easements for the use of the company for any one or more of the purposes set out in the Schedule. (2) The creation of an easement for a purpose set out S. 146(2) amended by in the Schedule gives to the gas company the Nos 62/2001 rights specified in relation to an easement created s. 77(c)(ii)(d), 41/2021 s. 67. for that purpose, subject to any provision of a Code of Practice about the entry on land by a gas company. Authorised by the Chief Parliamentary Counsel 159 Gas Industry Act 2001 No. 31 of 2001 Part 7—Gas company property and works 147 Easements over lands held by Crown licensees or lessees S. 147(1) (1) If an easement acquired by a gas company for any amended by No. 49/2015 of the purposes of this Act is an easement over s. 27. land held or occupied by any licensee or lessee of the Crown, a description of the easement and a notification that it has been so acquired must be forwarded without delay by the gas company to the Secretary to the Department of Environment, Land, Water and Planning. S. 147(2) (2) If an easement referred to in subsection (1) is over amended by No. 49/2015 land held or occupied under licence, the s. 27. description and notification must be endorsed on the licence by the Secretary to the Department of Environment, Land, Water and Planning and be registered in that Department. (3) If a Crown grant is issued to a person of the land over which any such easement has been taken, the grant is subject to the easement. Division 4—Powers as to works S. 147A 147A Definitions inserted by No. 9/2006 In this Division— s. 158(1), substituted by No. 22/2013 s. 57. S. 147A def. of rail infrastructure has the same meaning as in rail infrastructure section 4(1) of the Rail Safety National Law substituted by (Victoria); No. 41/2019 s. 117(Sch. 1 item 6.1(a)). Authorised by the Chief Parliamentary Counsel 160 Gas Industry Act 2001 No. 31 of 2001 Part 7—Gas company property and works rail transport operator has the same meaning as S. 147A def. of in section 4(1) of the Rail Safety National rail transport operator Law (Victoria); substituted by No. 41/2019 s. 117(Sch. 1 item 6.1(b)). railway operations has the same meaning as in S. 147A def. of railway section 4(1) of the Rail Safety National Law operations (Victoria); substituted by No. 41/2019 s. 117(Sch. 1 item 6.1(c)). rolling stock has the same meaning as in S. 147A def. of rolling stock section 4(1) of the Rail Safety National Law substituted by (Victoria). No. 41/2019 s. 117(Sch. 1 item 6.1(d)). 148 Powers as to works etc. (1) Subject to and for the purposes of this Act, a gas distribution company or gas transmission company may— (a) after giving 7 days' notice in writing to the occupier, enter upon any lands and make surveys and do any other acts or things necessary for making surveys; and (b) with any pipes, equipment or other devices, receive, store or convey gas over, or under, any land; and (c) after giving 7 days' notice in writing to the occupier, enter on any land on either side of any pipes, equipment or other devices referred to in paragraph (b), and fell or remove any tree or part of a tree or any obstruction which in the opinion of the gas distribution company or gas transmission company it is necessary to fell or remove; and Authorised by the Chief Parliamentary Counsel 161 Gas Industry Act 2001 No. 31 of 2001 Part 7—Gas company property and works (d) after giving 7 days' notice in writing to the occupier, enter upon any public or private land or roads and construct any works or place on under or over any land any pipeline, work, structure or equipment and may repair, alter or remove any such pipeline, work, structure or equipment or any works under its control; and (e) do all other things necessary or convenient for constructing, maintaining, altering, or using any pipelines, works or undertakings of the gas distribution company or gas transmission company. (2) A notice need not be given under subsection (1)(a), (c) or (d)— (a) if the occupier consents to the entry and the doing of the things for which the entry is made; or (b) in an emergency. (3) Despite subsection (1), a gas distribution company or gas transmission company must not enter land that is used primarily for residential purposes between 6.00 pm and 7.30 am unless the occupier consents. (4) In the exercise of the powers under subsection (1), a gas distribution company or gas transmission company— (a) must not stay on the land any longer than is reasonably necessary; and (b) if the powers relate to the carrying out of works, must, on completing the works, remove from the land all materials brought on to the land for the purposes of those works other than anything that the owner or occupier of the land agrees may be left on the land; and Authorised by the Chief Parliamentary Counsel 162 Gas Industry Act 2001 No. 31 of 2001 Part 7—Gas company property and works (c) must leave the land as nearly as possible in the same condition as it was in before the exercise of the powers; and (d) must co-operate as much as possible with the owner and occupier of the land. (5) In the exercise of the powers under subsection (1), a gas distribution company or gas transmission company must do as little damage as possible and must, if required within 2 years from the exercise of the powers, make full compensation to the owner of and all parties interested in any land for any damage sustained by them in consequence of the exercise of the powers. (6) Compensation under subsection (5) shall be either a gross sum or a yearly rent as may be agreed and, in default of agreement, shall be determined in the manner provided in the Land Acquisition and Compensation Act 1986. (7) A gas distribution company or gas transmission 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. (8) This section applies subject to any provision of a S. 148(8) amended by Code of Practice about the entry on land by a gas Nos 62/2001 distribution company or gas transmission s. 77(c)(ii)(d), 41/2021 s. 68. company.. 149 Power to open and break up roads etc. (1) Subject to the Road Management Act 2004 and S. 149(1) amended by subject to and for the purposes of this Act, a gas No. 12/2004 distribution company or gas transmission s. 172(1). company may— Authorised by the Chief Parliamentary Counsel 163 Gas Industry Act 2001 No. 31 of 2001 Part 7—Gas company property and works (a) open and break up the soil and pavement of any public or private road or bridge; and (b) temporarily stop the traffic on a road or bridge referred to in paragraph (a). S. 149(2) * * * * * repealed by No. 12/2004 s. 172(2). (3) If a gas distribution company or gas transmission company has opened or broken up a road or bridge, the gas distribution company or gas transmission company must— S. 149(3)(a)(b) * * * * * repealed by No. 12/2004 s. 172(3). (c) bear or pay all reasonable expenses of the repair of the road or bridge for 6 months after it is restored, so far as those expenses have been incurred by opening or breaking up the road or bridge. S. 149(4) (4) Nothing in this section affects the operation of the amended by No. 61/2005 Pipelines Act 2005. s. 217(4). S. 149(5) (5) If this section is inconsistent with a provision of amended by No. 61/2005 the Pipelines Act 2005, the provision of that Act s. 217(4). prevails. (6) A gas distribution company or gas transmission 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. Authorised by the Chief Parliamentary Counsel 164 Gas Industry Act 2001 No. 31 of 2001 Part 7—Gas company property and works (7) This section applies subject to any provision of a S. 149(7) Code of Practice about the entry on land by a gas amended by Nos 62/2001 distribution company or gas transmission s. 77(c)(ii)(d), company.. 41/2021 s. 69(1). (8) A provision of a Code of Practice about the entry S. 149(8) substituted by on land by a gas distribution company or a gas Nos 12/2004 transmission company has no effect to the extent s. 172(4), 41/2021 that it— s. 69(2). (a) confers, or purports to confer, any right or power which is inconsistent with the Road Management Act 2004; or (b) imposes, or purports to impose, any obligation or duty which is inconsistent with the Road Management Act 2004. * * * * * S. 149(9) inserted by No. 12/2004 s. 172(4), repealed by No. 41/2021 s. 69(2). 149A Safety duties in relation to works on or in immediate S. 149A inserted by vicinity of rail infrastructure or rolling stock No. 9/2006 s. 158(2). (1) A gas distribution company or gas transmission company must, when exercising a power under this Division on or in the immediate vicinity of rail infrastructure or rolling stock, ensure, so far as is reasonably practicable, that they safely exercise the power. Penalty: 9000 penalty units. (2) A person authorised in writing by a gas distribution company or gas transmission company under section 148(7) or 149(6) to exercise a power of the gas distribution company or gas transmission company under those sections must, when exercising the power on or in the Authorised by the Chief Parliamentary Counsel 165 Gas Industry Act 2001 No. 31 of 2001 Part 7—Gas company property and works immediate vicinity of rail infrastructure or rolling stock, ensure, so far as is reasonably practicable, that they safely exercise the power. Penalty: In the case of a natural person, 1800 penalty units; In the case of a body corporate, 9000 penalty units. (3) An offence against subsection (1) or (2) is an indictable offence. S. 149A(4) (4) Nothing in subsection (1) or (2) is to be construed inserted by No. 41/2019 as— s. 117(Sch. 1 item 6.2). (a) conferring a right of action in a civil proceeding in respect of a contravention of those subsections; or (b) conferring a defence to an action in a civil proceeding or otherwise affecting a right of action in a civil proceeding. Note to Note s. 149A amended by However, the offence may be heard and determined summarily No. 68/2009 (see section 28 of the Criminal Procedure Act 2009). s. 97(Sch. item 63.1). S. 149B 149B Notification of owners or occupiers of land on which inserted by No. 9/2006 there is rail infrastructure or rolling stock s. 158(2). A gas distribution company or gas transmission company must, before exercising a power under this Division on land on which there is rail infrastructure or rolling stock, notify the owner or occupier of that land of the intended exercise of the power if the exercise of that power will threaten, or is likely to threaten, the safety of that rail infrastructure or rolling stock. Penalty: 300 penalty units. Authorised by the Chief Parliamentary Counsel 166 Gas Industry Act 2001 No. 31 of 2001 Part 7—Gas company property and works 149C Notification of gas distribution and transmission S. 149C companies before railway operations carried out (Heading) amended by No. 22/2013 s. 58(1). S. 149C inserted by No. 9/2006 s. 158(2). (1) A rail transport operator must, before carrying out S. 149C(1) amended by railway operations that will threaten, or are likely No. 22/2013 to threaten, the safety of a gas distribution s. 58(2). company's or gas transmission company's works, or the safe provision by a gas distribution company or gas transmission company of gas or other like services, notify that gas distribution company or gas transmission company of the rail transport operator's intention to carry out those operations. Penalty: In the case of a natural person, 60 penalty units; In the case of a body corporate, 300 penalty units. (2) In this section— works includes pipes, equipment, devices, structures, pipelines or undertakings. Division 5—Offences 150 Obstructing construction or operation of pipelines A person must not— (a) wilfully obstruct a person acting under the authority of a gas company in the lawful exercise of its powers in relation to the construction or operation of a pipeline; or Authorised by the Chief Parliamentary Counsel 167 Gas Industry Act 2001 No. 31 of 2001 Part 7—Gas company property and works (b) without the authority of a gas company, interfere with any works relating to the construction or operation of a pipeline owned or operated by the gas company. Penalty: 60 penalty units. 151 Offences relating to transmission pipelines (1) A person must not— (a) lay or cause to be laid a pipe that connects with a pipe belonging to a gas transmission company without its consent; or (b) wilfully or by culpable negligence injure or allow to be injured any gas fitting belonging to a gas transmission company; or (c) interfere in any way with a meter or prevent a meter from properly registering the quantity of gas conveyed; or (d) fraudulently take gas from a transmission pipeline; or (e) retain or use any property of a gas transmission company except in accordance with an authority of the gas transmission company. Penalty: 60 penalty units. (2) In addition to any penalty under subsection (1), a gas transmission company may recover the amount of any damages sustained by the gas transmission company as a result of the wrongful act. 152 Offences relating to gas supply (1) A person must not— (a) lay or cause to be laid a pipe that connects with a pipe belonging to a gas distribution company without its consent; or Authorised by the Chief Parliamentary Counsel 168 Gas Industry Act 2001 No. 31 of 2001 Part 7—Gas company property and works (b) wilfully or by culpable negligence injure or allow to be injured any gas fitting belonging to a gas distribution company; or (c) interfere in any way with a meter or prevent a meter from properly registering the quantity of gas supplied; or (d) fraudulently take gas of a gas company; or (e) if the gas supplied by a gas retailer is not ascertained by a meter— (i) use a burner other than a burner provided or approved by a gas retailer; or (ii) keep the gas burning for a longer time than that for which the person contracts; or (f) otherwise fraudulently burn or use gas supplied to the person by a gas company. Penalty: 60 penalty units. (2) In addition to any penalty under subsection (1), a gas company may recover the amount of any damages sustained by the gas company as a result of the wrongful act. (3) Despite any contract previously existing, the gas company may also discontinue the supply of gas to any person who has committed an offence under subsection (1). (4) When a meter is under the custody or control of a customer, the existence of artificial means for— (a) interfering with the meter; or (b) preventing a meter from properly registering the quantity of gas supplied; or Authorised by the Chief Parliamentary Counsel 169 Gas Industry Act 2001 No. 31 of 2001 Part 7—Gas company property and works (c) taking gas of a gas company— is evidence and, in the absence of evidence to the contrary, proof, that the interference, prevention or taking has been fraudulently and wilfully caused by the customer using the meter. Division 6—General 153 Definition In this Division— officer or employee includes an agent or contractor of a gas company authorised by the gas company to carry out certain duties. 154 Identity cards (1) A gas company must give an identity card to any of its officers or employees who, in the course of the officer's or employee's duties, may need to enter the premises of a customer. (2) The identity card must bear— (a) the signature of the chief executive officer or a prescribed officer of the gas company; and (b) the photograph and signature of the officer or employee. (3) The officer or employee must produce his or her identity card for inspection— (a) before entering the premises of a customer or other person in the course of his or her duties; and (b) at any time while on those premises, if asked to do so. Penalty: 10 penalty units. Authorised by the Chief Parliamentary Counsel 170 Gas Industry Act 2001 No. 31 of 2001 Part 7—Gas company property and works 155 Power of entry At any reasonable time, an officer or employee of a gas company may enter any premises to which the gas company supplies or transmits gas to inspect any gas fitting or to determine the quantity of gas consumed, supplied or transmitted. 156 Emergency powers (1) If an emergency occurs near any pipeline used by a gas company for the conveyance of gas which, in the opinion of an officer or employee of the gas company, might endanger life or property, the officer or employee may enter any land or premises for the purpose of ensuring the security or the safety of the pipeline. (2) If an officer or employee of the gas company considers that the security or safety of any pipeline used by the gas company can only be ensured by stopping the conveyance of gas through or to the pipeline, the officer or employee may take such steps as are necessary to stop the conveyance of gas. 157 Offence to obstruct officer or employee of gas company A person must not obstruct, hinder or interfere with an officer or employee of a gas company in carrying out any function or duty under section 156. Penalty: 60 penalty units. Authorised by the Chief Parliamentary Counsel 171 Gas Industry Act 2001 No. 31 of 2001 Pt 8 * * * * * (Headings and ss 158–205) amended by Nos 44/2001 s. 3(Sch. items 57.6, 57.7), 62/2001 s. 77(c)(ii), 85/2001 s. 15, 11/2002 s. 3(Sch. 1 item 28.2), 40/2003 ss 9–11, 25/2004 s. 19, 108/2004 s. 117(1) (Sch. 3 item 87), 33/2005 s. 5, 61/2005 s. 217(5), 80/2006 s. 26(Sch. item 45), repealed by No. 23/2009 s. 30. Authorised by the Chief Parliamentary Counsel 172 Gas Industry Act 2001 No. 31 of 2001 Part 9—Gas supply emergency provisions Part 9—Gas supply emergency provisions Division 1—Emergency provisions 206 Proclamation that this Part applies (1) If it appears to the Governor in Council that the available supply of gas is or is likely to become less than is sufficient for the reasonable requirements of the community, the Governor in Council may, by proclamation, declare that this Part is to apply. (2) The proclamation must be published in the Government Gazette. (3) The proclamation takes effect on the date of its publication. (4) The Governor in Council may at any time revoke a proclamation. 207 Powers of Minister (1) While a proclamation is in force, the Minister may, having regard to the needs of the community, give any directions that the Minister thinks necessary to— (a) ensure the safe and sure supply of gas; or (b) to regulate the use of the available supply of gas. (2) Without limiting subsection (1), the Minister may by notice in writing do all or any of the following— (a) give any directions that are necessary to control, direct, authorise conduct in relation to, restrict or prohibit the extraction, production, supply, distribution, sale, use or consumption of gas; Authorised by the Chief Parliamentary Counsel 173 Gas Industry Act 2001 No. 31 of 2001 Part 9—Gas supply emergency provisions (b) direct a person or body who extracts, produces, transmits or distributes gas to extract it for, or produce it, transmit it or distribute it to a person specified in the direction; (c) direct a person or body to comply with any terms and conditions relating to the extraction, production, supply, distribution, sale, use or consumption of gas the Minister determines; (d) direct a person or body to whom gas is provided, or transmitted, to accept the gas so provided or transmitted; (e) direct a person or body to carry out any work required to ensure the extraction, production, supply, distribution or flow of gas; (f) direct what services must be maintained and upon what terms and conditions they must operate; (g) direct persons and bodies to operate and maintain services to the extent and upon the terms specified in the direction; (h) direct at what times and places and upon what terms and conditions and in what manner services may be used; (i) prohibit the operation or use of services except, if so specified in the prohibition, with the consent of the Minister; (j) requisition the use of property of any kind which is used or may be used, for or in connection with the operation or maintenance of any service; Authorised by the Chief Parliamentary Counsel 174 Gas Industry Act 2001 No. 31 of 2001 Part 9—Gas supply emergency provisions (k) provide for or control, by direction, prohibition or requisition, the operation, use, disposal, distribution, storage, repair, upkeep and maintenance of any property or commodity used or which may be used for, or in connection with, any service; (l) authorise a person specified in the notice to enter any land, building or structure used for or in connection with the provision of services; (m) provide, by direction, prohibition or requisition, for any matter or thing incidental to the carrying into effect of the powers referred to in this section. (3) A direction, prohibition or requisition— (a) may be made so as to apply to or have operation throughout the whole or any part of Victoria; and (b) may operate generally, or may be limited in its operation according to specified times, places, circumstances, conditions or restrictions; and (c) may, if so specified in the direction, prohibition or requisition, allow the Minister to exempt a person or body from having to comply with the direction, prohibition or requisition; and (d) may be addressed or directed to people and bodies generally or particularly; and (e) subject to subsection (7), takes effect when made or, if a later time is specified in the direction, prohibition or requisition, at that later time; and (f) has effect as if enacted in this Act. Authorised by the Chief Parliamentary Counsel 175 Gas Industry Act 2001 No. 31 of 2001 Part 9—Gas supply emergency provisions (4) A direction (including a direction under subsection (6)), prohibition or requisition must be published in the Government Gazette as soon as possible after it is made. (5) Notice of a requisition relating to a class of property must be published in the Government Gazette as soon as possible after it is made. (6) The Minister may at any time by direction under this section amend or revoke a direction, prohibition or requisition made, or purportedly made, under this section or may return requisitioned property. (7) If a direction of the Minister under subsection (6) amending an earlier direction for the purpose of correcting a defect, mistake or omission— (a) includes a statement that the earlier direction is deemed to have been made as so amended; and (b) is made not later than 3 months after the earlier direction was made— the earlier direction is deemed to have been made as so amended. (8) If the Minister requisitions the use of property under subsection (2)(j), the reasonable costs of compensating the owner of that property for the requisition and making good any damage resulting from the requisition must be determined by the Minister. S. 207(9) (9) If there is a dispute as to the Minister's amended by No. 50/2011 determination, the Minister must refer the matter s. 46(Sch. for arbitration by a sole arbitrator under the item 8). Commercial Arbitration Act 2011. Authorised by the Chief Parliamentary Counsel 176 Gas Industry Act 2001 No. 31 of 2001 Part 9—Gas supply emergency provisions (10) Requisitioned property that has not been disposed of must be returned as soon as it is safe to do so after the Governor in Council revokes a proclamation. (11) The amendment, expiry or revocation of a direction, prohibition or requisition does not affect— (a) the previous operation of the direction, prohibition or requisition; or (b) the validity of any action taken under the direction, prohibition or requisition; or (c) any penalty or punishment incurred in respect of— (i) any contravention of, or failure to comply with, the direction, prohibition or requisition before the amendment, expiry or revocation; or (ii) any proceeding or remedy in respect of such a penalty or punishment. 208 Offence not to comply with direction etc. (1) A person or body who is aware of a direction, prohibition or requisition made under section 207 must comply with the direction, prohibition or requisition. (2) A person is deemed to be aware of a direction, prohibition or requisition if the Minister has caused— (a) the direction, prohibition or requisition to be published in a newspaper circulating in the area in which the direction, prohibition or requisition applies; or Authorised by the Chief Parliamentary Counsel 177 Gas Industry Act 2001 No. 31 of 2001 Part 9—Gas supply emergency provisions (b) details of the direction, prohibition or requisition to be broadcast by means of radio or television transmission in the area in which the direction, prohibition or requisition applies. (3) In any proceedings for an offence against this section, a certificate purporting to be signed by the Minister to the effect that details of a direction, prohibition or requisition were broadcast by means of radio or television transmission in a particular area on a specified day is evidence of the facts set out in the certificate. S. 208(4) (4) In any proceedings for an offence against this amended by No. 68/2009 section, it is sufficient defence for the accused to s. 97(Sch. prove that at the time of the commission of the item 63.2). offence, the accused— (a) did not know; and (b) could not reasonably have known— of the direction, prohibition or requisition. (5) A person must not contravene subsection (1). Penalty: In the case of a natural person, 240 penalty units. In the case of a body corporate, 10 000 penalty units. (6) An offence by a body corporate under subsection (5) is an indictable offence. (7) If an offence is committed by a person by reason of a failure to comply, within the period specified in a direction, prohibition or requisition made under section 207, with the requirements specified in the direction, prohibition or requisition, the offence, for the purposes of subsection (8) is deemed to continue so long as any requirement specified in the direction, prohibition or Authorised by the Chief Parliamentary Counsel 178 Gas Industry Act 2001 No. 31 of 2001 Part 9—Gas supply emergency provisions requisition, remains undone, whether or not the period has elapsed. (8) If, under subsection (7), an offence is deemed to continue, the person who committed the offence commits an additional offence on each day during which the offence is deemed to continue and is liable, upon conviction for such an additional offence, to a penalty not exceeding one tenth of the penalty for the first-mentioned offence. 209 Offence to obstruct a person carrying out a direction etc. A person must not obstruct another person— (a) exercising a power given to; or (b) complying with an obligation imposed on— the other person under a direction, prohibition or requisition under section 207 if the person has been shown a copy of the direction, prohibition or requisition. Penalty: In the case of a natural person, 240 penalty units. In the case of a body corporate, 10 000 penalty units. 210 Offences by bodies corporate (1) If a body corporate commits an offence against section 208 or 209, any officer of the body corporate who was in any way, by act or omission, directly or indirectly knowingly concerned in or party to the commission of the offence is also guilty of that offence and liable to the penalty for it. (2) An offence under subsection (1) is an indictable offence. Authorised by the Chief Parliamentary Counsel 179 Gas Industry Act 2001 No. 31 of 2001 Part 9—Gas supply emergency provisions (3) A person may be proceeded against and convicted under a provision in accordance with subsection (1) whether or not the body corporate has been proceeded against or convicted under that provision. (4) If in a proceeding for an offence against this section it is necessary to establish the intention of a body corporate, it is sufficient to show that a servant or agent of the body corporate had that intention. (5) In subsection (1), officer, in relation to a body corporate, means— (a) a director, secretary or executive officer of the body corporate; or (b) any person in accordance with whose directions or instructions the directors of the body corporate are accustomed to act; or (c) a person concerned in the management of the body corporate. 211 Offences by partnerships or unincorporated associations If this Part provides that a person is guilty of an offence, that reference to a person must— (a) in the case of a partnership, be read as a reference to each member of the partnership; and (b) in the case of an unincorporated body or association, be read as a reference to each member of the committee of management of the body or association. Authorised by the Chief Parliamentary Counsel 180 Gas Industry Act 2001 No. 31 of 2001 Part 9—Gas supply emergency provisions 212 Judicial notice All courts and tribunals must take judicial notice of any proclamation, direction, prohibition or requisition made, given or imposed under this Part. 213 Immunity from suit A person acting in good faith in the execution of this Part or any proclamation, direction, prohibition or requisition under this Part 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 the operation of this Part or of anything done or purporting to be done under this Part or any proclamation, direction, prohibition or requisition under this Part. 213A Corporations Act displacement S. 213A inserted by No. 51/2012 This Division is declared to be a Corporations s. 8. legislation displacement provision for the purposes of section 5G of the Corporations Act in relation to the provisions of Chapter 2D and Chapter 5 of that Act. Note Section 5G of the Corporations Act provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency. Division 2—Enforcement 214 Powers of entry—enforcement (1) If an inspector has reasonable grounds for suspecting that there is on any land or premises a particular thing that may be evidence of the commission of an offence against this Part, the inspector may— Authorised by the Chief Parliamentary Counsel 181 Gas Industry Act 2001 No. 31 of 2001 Part 9—Gas supply emergency provisions (a) enter the land or premises; and (b) search for the thing. (2) An inspector must not enter land or premises under this section except— (a) with the written consent of the occupier of the land or premises; or (b) under the authority of a search warrant. 215 Occupier to be given copy of consent (1) An occupier who consents in writing to entry of his or her land or premises under section 214 must be given a copy of the signed consent immediately. (2) If, in any proceeding, a written consent is not produced to the court, it must be presumed, until the contrary is proved, that the occupier did not consent to the entry and search. 216 Search warrant (1) An inspector may apply to a magistrate for the issue of a search warrant in relation to particular land or premises if the inspector believes on reasonable grounds that there is, or may be within the next 72 hours, on the land or premises a particular thing that may be evidence of the commission of an offence against this Part. S. 216(2) (2) A magistrate may issue a search warrant under amended by No. 6/2018 this section if the magistrate is satisfied by s. 68(Sch. 2 evidence on oath or by affirmation, whether oral item 60). or by affidavit, that there are reasonable grounds for suspecting that there is, or may be within the next 72 hours, on land or premises a particular thing that may be evidence of the commission of an offence against this Part. Authorised by the Chief Parliamentary Counsel 182 Gas Industry Act 2001 No. 31 of 2001 Part 9—Gas supply emergency provisions (3) The search warrant may authorise an inspector named in the warrant and any assistants the inspector considers necessary— (a) to enter the land or premises, or part of the land or premises, named or described in the warrant; and (b) to search for the thing named or described in the warrant. (4) In addition to any other requirement, a search warrant issued under this section must state— (a) the offence suspected; and (b) the land or premises to be searched; and (c) a description of the thing for which the search is to be made; and (d) any conditions to which the warrant is subject; and (e) whether entry is authorised to be made at any time or during stated hours; and (f) a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect. (5) A search warrant must be issued in accordance with the Magistrates' Court Act 1989 and in the form prescribed under that Act. (6) The rules to be observed with respect to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to warrants under this section. 217 Announcement before entry (1) Before executing a search warrant, the inspector named in the warrant or a person assisting the inspector named in the warrant must— Authorised by the Chief Parliamentary Counsel 183 Gas Industry Act 2001 No. 31 of 2001 Part 9—Gas supply emergency provisions (a) announce that he or she is authorised by the warrant to enter the land or premises; and (b) give any person at the land or premises an opportunity to allow entry to the land or premises. (2) The inspector or a person assisting the inspector need not comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the land or premises is required to ensure— (a) the safety of any person; or (b) that the effective execution of the warrant is not frustrated. 218 Copy of warrant to be given to occupier If the occupier or another person who apparently represents the occupier is present at the land or premises when a search warrant is being executed, the inspector must— (a) identify himself or herself to that person by producing his or her identity card for inspection by that person; and (b) give to that person a copy of the execution copy of the warrant. Penalty: 10 penalty units. Division 3—Infringement notices 219 Definition In this Division— S. 219 def. of prescribed offence means an offence against prescribed offence section 208(5) constituted by the use of amended by gas by a person in contravention of a No. 85/2001 s. 17(2). direction, prohibition or requisition under section 207— Authorised by the Chief Parliamentary Counsel 184 Gas Industry Act 2001 No. 31 of 2001 Part 9—Gas supply emergency provisions (a) of which the person is aware or is deemed under section 208 to be aware; and (b) which applies to the person— but does not include an offence by a body corporate. 220 Power to serve a notice (1) An inspector may serve an infringement notice on any person that he or she has reason to believe has committed a prescribed offence. (2) An offence referred to in subsection (1) for which S. 220(2) substituted by an infringement notice may be served is an No. 32/2006 infringement offence within the meaning of the s. 94(Sch. item 23(1)). Infringements Act 2006. * * * * * S. 221 repealed by No. 32/2006 s. 94(Sch. item 23(2)). 222 Infringement penalties S. 222 amended by No. 10/2004 The infringement penalty for an offence against a s. 15(Sch. 1 prescribed offence is 5 penalty units. item 13.2). * * * * * Ss 223–228 repealed by No. 32/2006 s. 94(Sch. item 23(2)). Authorised by the Chief Parliamentary Counsel 185 Gas Industry Act 2001 No. 31 of 2001 Part 9A—Compliance and enforcement reporting Pt 9A Part 9A—Compliance and enforcement (Heading and new ss 223– reporting 225) inserted by No. 41/2021 s. 70. New s. 223 223 Compliance and enforcement report—gas retailers inserted by No. 41/2021 s. 70. (1) The Commission must, as soon as practicable after 30 June (but on or before 30 November) in each year publish on its Internet site a report (a compliance and enforcement report) on the matters referred to in subsection (2) in respect of the period of 12 months ending with 30 June in that year. (2) A compliance and enforcement report must include the following (in relation to the period to which the report relates)— (a) a report on all enforcement action taken by the Commission in respect of each gas retailer; (b) a report on all injunctions granted under Division 5 of Part 7 of the Essential Services Commission Act 2001 (other than an injunction granted under section 54ZJ of that Act); (c) a report on the extent to which each gas retailer has complied, or failed to comply, with its obligations under its licence conditions and the provisions of any Code of Practice; (d) a report on the performance of each gas retailer measured against the performance indicators; (e) any other matters the Commission considers appropriate. Authorised by the Chief Parliamentary Counsel 186 Gas Industry Act 2001 No. 31 of 2001 Part 9A—Compliance and enforcement reporting (3) The Commission, after each quarter, must update the report in respect of that quarter, and must do so before the end of the next quarter. (4) In this section— enforcement action means any of the following— (a) the service of a compliance notice within the meaning of section 3 of the Essential Services Commission Act 2001; (b) the making of a contravention order within the meaning of section 3 of the Essential Services Commission Act 2001; (c) the acceptance of an enforceable undertaking within the meaning of section 3 of the Essential Services Commission Act 2001; (d) the making of an order under section 54ZF of the Essential Services Commission Act 2001; (e) the payment of a penalty notice within the meaning of section 3 of the Essential Services Commission Act 2001; (f) the variation of a licence condition by the Commission under section 38A; (g) any other prescribed action; performance indicators means the indicators for the performance of a gas retailer determined by the Commission under section 224; quarter means the period of 3 months ending on 30 September, 31 December, 31 March or 30 June in any year. Authorised by the Chief Parliamentary Counsel 187 Gas Industry Act 2001 No. 31 of 2001 Part 9A—Compliance and enforcement reporting New s. 224 224 Performance indicators for compliance and inserted by enforcement reports No. 41/2021 s. 70. (1) For the purposes of a compliance and enforcement report under section 223, the Commission must determine— (a) indicators for the performance of a gas retailer in relation to— (i) disconnections and reconnections of the supply of gas to the premises of customers; and (ii) the extent to which the gas retailer has complied with the deemed licence condition in section 48A; and S. 224(1)(a)(iii) (iii) the number of penalty notices (if any) substituted by No. 28/2021 in relation to wrongful disconnections s. 24A(1) (as paid by the gas retailer under amended by No. 41/2021 Division 2 of Part 7 of the Essential s. 117). Services Commission Act 2001; and (b) any other indicators for the performance of a gas retailer the Commission determines. (2) In this section— S. 224(2) * * * * * def. of Energy Retail Code repealed by No. 28/2021 s. 24A(2)(b) (as amended by No. 41/2021 s. 117). S. 224(2) * * * * * def. of specified penalty notice repealed by No. 28/2021 s. 24A(2)(b) (as amended by No. 41/2021 s. 117). Authorised by the Chief Parliamentary Counsel 188 Gas Industry Act 2001 No. 31 of 2001 Part 9A—Compliance and enforcement reporting wrongful disconnection means the disconnection S. 224(2) of the supply of gas to the premises of a def. of wrongful customer arranged by a retailer other than in disconnection accordance with Subdivision 3 of Division inserted by No. 28/2021 4AA of Part 3; s. 24A(2)(a) (as amended by No. 41/2021 s. 117). 225 Reporting of systemic issues referred to Commission New s. 225 inserted by No. 41/2021 (1) A person administering a customer dispute s. 70. resolution scheme may refer a matter in relation to a licensee to the Commission if the person believes that there is a problem with, or change in, the licensee's policy, practice or conduct that adversely affects, or has the potential to adversely affect, a number of customers (a systemic issue). (2) Without limiting subsection (1), a systemic issue includes any of the following— (a) a change to the licensee's billing, metering, supply or other systems; (b) an absence of a policy, procedure or guideline in relation to a matter; (c) inadequate policies, procedures or guidelines; (d) a failure to comply with applicable legislation (including any regulations), licence conditions or Codes of Practice; (e) the conduct of the licensee's employee, agent, officer or contractor. (3) If a person administering a customer dispute resolution scheme refers a systemic issue to the Commission, the Commission must— (a) as soon as practicable after receiving the referral, provide a copy of the referral to the Minister; and Authorised by the Chief Parliamentary Counsel 189 Gas Industry Act 2001 No. 31 of 2001 Part 9A—Compliance and enforcement reporting (b) report to the Minister— (i) the action (if any) it proposes to take to address the systemic issue; and (ii) the time within which it intends to take that action; and (c) as soon as practicable after the period referred to in paragraph (b)(ii) ends, report to the Minister the outcome of the action referred to in paragraph (b)(i). (4) The Minister may direct the Commission to give a copy of a report given to the Minister under subsection (3)(c) to the person who made the referral under subsection (1). (5) A person who refers a systemic issue to the Commission must also provide any information about the systemic issue that is available to the person to the Commission. (6) In this section— applicable legislation means— (a) the Essential Services Commission Act 2001; or (b) this Act; customer dispute resolution scheme means a customer dispute resolution scheme approved by the Commission referred to in section 36. Authorised by the Chief Parliamentary Counsel 190 Gas Industry Act 2001 No. 31 of 2001 Part 10—General Part 10—General 229 Delegation by Minister The Minister may, by instrument, delegate to any person any function or power of the Minister under this Act, other than this power of delegation. 229A Offence to give false or misleading information or S. 229A inserted by documents No. 28/2021 s. 26. (1) A licensee must not give the Commission information that the licensee is required to give to the Commission under or for the purposes of this Act that the licensee knows— (a) to be false or misleading in any material particular; or (b) omits any matter or thing without which the information is misleading. Penalty: In the case of a natural person, 120 penalty units or 12 months imprisonment; In the case of a body corporate, 6000 penalty units. (2) A licensee must not produce a document to the Commission that the licensee is required to produce to the Commission under or for the purposes of this Act if— (a) the licensee knows that the document is false or misleading in a material particular; and Authorised by the Chief Parliamentary Counsel 191 Gas Industry Act 2001 No. 31 of 2001 Part 10—General (b) the licensee does not indicate the respect in which the document is false or misleading. Penalty: In the case of a natural person, 120 penalty units or 12 months imprisonment; In the case of a body corporate, 6000 penalty units. (3) An offence against subsection (1) or (2) is an indictable offence. S. 229B 229B Monetary benefits orders inserted by No. 28/2021 s. 26. (1) If a court finds a person guilty of an offence against Division 4AA of Part 3 or section 229A(1) or (2), the court may, on the application of the Commission, make an order under subsection (2). (2) The court may order the person to pay an amount not exceeding the amount that the court is satisfied represents 3 times the amount of any monetary benefits acquired by the person, or accrued or accruing to the person, as a result of the offence. (3) Any amounts received by the Commission pursuant to an order under subsection (2) are to be paid into the Consolidated Fund. S. 229C 229C Determining amount to be paid under monetary inserted by No. 28/2021 benefits order s. 26. (1) When determining an amount that the person must pay under an order made under section 229B(2), the court may take into account— (a) the person's financial circumstances; and (b) any amount submitted to the court by the Commission under subsection (2). (2) The Commission, or a person authorised by the Commission, may submit to the court the amount the Commission considers to be a reasonable Authorised by the Chief Parliamentary Counsel 192 Gas Industry Act 2001 No. 31 of 2001 Part 10—General estimate of the amount of monetary benefits acquired by the person, or accrued or accruing to the person, as a result of the commission of the offence in relation to which the order under section 229B(2) is sought, as determined in accordance with— (a) a prescribed guideline, method or protocol; or (b) any other method the Commission considers appropriate. (3) For the purposes of section 229B(2), the court may assume that an amount represents the amount of any monetary benefits acquired by a person, or accrued or accruing to the person, as a result of the commission of the offence if— (a) the Commission submits that amount to the court under subsection (2); and (b) the Commission determined that amount in accordance with a prescribed guideline, method or protocol. (4) The amount of money that the court may order a person to pay under section 229B(2) is not limited by— (a) any penalty that may be imposed under this Act; or (b) the jurisdictional limit for a civil proceeding specified under section 100(1) of the Magistrates' Court Act 1989. (5) Nothing in an order made under section 229B(2) or in this section affects the operation of Part 8 of the Confiscation Act 1997. Authorised by the Chief Parliamentary Counsel 193 Gas Industry Act 2001 No. 31 of 2001 Part 10—General S. 229D 229D Recovery of amounts ordered to be paid inserted by No. 28/2021 If a court orders a person to pay an amount under s. 26. an order made under section 229B(2)— (a) the amount is a debt due to the State; and (b) the Commission may, on behalf of the State, recover the amount in any court of competent jurisdiction. S. 229E 229E Adverse publicity orders inserted by No. 28/2021 s. 26. (1) If a court finds a person guilty of an offence against Division 4AA of Part 3 or section 229A(1) or (2), the court may make an adverse publicity order against the person. (2) In making an adverse publicity order, the court may— (a) specify the period within which the order must be complied with; and (b) impose any other requirement that the court considers necessary or expedient to make the order effective. (3) This section does not limit a court's powers under any other provision of this Act or any other Act. (4) In this section— adverse publicity order means an order that— (a) requires a person to disclose, in the way and to the persons specified in the order, such information as is so specified, being information that the person has possession of or access to; or (b) requires a person to publish, at the person's expense and in the way specified in the order, an advertisement Authorised by the Chief Parliamentary Counsel 194 Gas Industry Act 2001 No. 31 of 2001 Part 10—General in the terms specified in, or determined in accordance with, the order. 230 Offences by bodies corporate (1) If a body corporate commits an offence against this Act, any officer of the body corporate who was in any way, by act or omission, directly or indirectly knowingly concerned in or party to the commission of the offence is also guilty of that offence and liable to the penalty for it. (2) A person may be proceeded against and convicted under a provision in accordance with subsection (1) whether or not the body corporate has been proceeded against or convicted under that provision. (3) If in a proceeding for an offence against this section it is necessary to establish the intention of a body corporate, it is sufficient to show that a servant or agent of the body corporate had that intention. (4) In subsection (1), officer, in relation to a body corporate, means— (a) a director, secretary or executive officer of the body corporate; or (b) any person in accordance with whose directions or instructions the directors of the body corporate are accustomed to act; or (c) a person concerned in the management of the body corporate. 231 Proceedings for offences (1) A person authorised by Energy Safe Victoria S. 231(1) amended by either generally or in a particular case to bring Nos 39/2005 proceedings for an offence against this Act or the s. 56(4), 23/2009 s. 31. regulations may bring those proceedings. Authorised by the Chief Parliamentary Counsel 195 Gas Industry Act 2001 No. 31 of 2001 Part 10—General S. 231(2) (2) If proceedings referred to in subsection (1) are amended by brought by a person authorised to do so, the Nos 39/2005 s. 56(4), proceedings may be conducted by any other 23/2009 s. 31. person authorised by Energy Safe Victoria to bring proceedings of that kind. S. 231(3) (3) All courts must take judicial notice of the fact that amended by Nos 39/2005 a person is authorised by Energy Safe Victoria to s. 56(4), bring proceedings referred to in subsection (1) or 23/2009 s. 31. conduct proceedings under subsection (2), as the case requires. S. 231(4) (4) In this section— amended by No. 11/2002 s. 3(Sch. 1 Energy Safe Victoria has the same meaning as it item 28.3), has in the Energy Safe Victoria Act 2005. substituted by Nos 39/2005 s. 56(5), 4/2020 s. 55. 232 Gas retailer not liable for failure to supply (1) Despite anything to the contrary in this or any other Act or in any contract, a gas retailer is not liable to any penalty or damages for failing to supply gas if the failure arises out of any accident or cause beyond the control of the gas retailer. (2) A gas retailer may enter into an agreement with a person varying or excluding the operation of subsection (1) and, to the extent of that agreement, that subsection does not apply. (3) Nothing in subsection (1) or (2) affects the liability of a gas company under the Gas Safety Act 1997. 233 Exemption from liability to transmit or convey gas (1) Despite anything to the contrary in this or any other Act but subject to subsection (2) or in any contract— Authorised by the Chief Parliamentary Counsel 196 Gas Industry Act 2001 No. 31 of 2001 Part 10—General * * * * * S. 233(1)(a) repealed by No. 23/2009 s. 32(a). (b) a gas distribution company is not liable to any penalty or damages for failing to convey gas through distribution pipelines if the failure arises out of any accident or cause beyond the control of the gas distribution company. (2) A gas distribution company may enter into an S. 233(2) amended by agreement with a person varying or excluding the No. 23/2009 operation of subsection (1) and, to the extent of s. 32(b). that agreement, that subsection does not apply. (3) Nothing in subsection (1) or (2) affects the liability of a gas company under the Gas Safety Act 1997. 234 Evidence of ownership In any legal proceedings by a gas distribution company or gas retailer, in addition to any other method of proof available— (a) evidence that the person proceeded against is shown in the books of the gas distribution company or gas retailer to be the owner or occupier of the premises in relation to which the proceedings are instituted; or (b) a certificate by the chief executive officer of the municipal council within the municipal district of which premises are situated to the effect that a party to the proceedings is rated in respect of those premises— is evidence and, in the absence of evidence to the contrary, proof, that the party is the owner or occupier (as the case may be) of the premises and the consumer of any gas supplied to the premises. Authorised by the Chief Parliamentary Counsel 197 Gas Industry Act 2001 No. 31 of 2001 Part 10—General S. 235 235 Supreme Court—limitation of jurisdiction amended by No. 59/2011 It is the intention of section 213 of this Act to alter s. 42. or vary section 85 of the Constitution Act 1975. 236 Regulations (1) The Governor in Council may make regulations for or with respect to— (a) prescribing the method for calculating any charge for the supply of gas; (b) the protection of any gas undertakings, works, gas fittings or property of a gas company and the prevention of any interference with them and generally providing for the safety of persons and property; S. 236(1)(c) (c) prescribing provisions of this Act as civil repealed by No. 29/2006 penalty requirements for the purposes of the s. 3(Sch. 1 Essential Services Commission Act 2001; item 13.3), new s. 236(1)(c) inserted by No. 41/2021, s. 71(1). S. 236(1)(ca) (ca) prescribing amounts for the purposes of inserted by No. 41/2021 section 54E(b), (c), (d), (g) or (i) of the s. 71(1). Essential Services Commission Act 2001; S. 236(1)(cb) (cb) prescribing amounts of notice penalties for inserted by No. 41/2021 the purposes of section 54U(b), (c), (d), (g) s. 71(1). or (i) of the Essential Services Commission Act 2001; S. 236(1)(cc) (cc) prescribing any other matter that is required inserted by No. 41/2021 for the operation of civil penalty orders in s. 71(1). Division 1 of Part 7 of the Essential Services Commission Act 2001; Authorised by the Chief Parliamentary Counsel 198 Gas Industry Act 2001 No. 31 of 2001 Part 10—General (cd) prescribing any other matter that is required S. 236(1)(cd) to be prescribed for the operation of the inserted by No. 41/2021 penalty notice regime in Division 2 of Part 7 s. 71(1). of the Essential Services Commission Act 2001; (d) prescribing penalties not exceeding 5 penalty units for breaches of the regulations; (e) prescribing any matter or thing authorised or required to be prescribed or necessary or convenient to be prescribed for carrying this Act into effect. * * * * * S. 236(2) repealed by No. 23/2009 s. 33. * * * * * S. 236(3) amended by No. 10/2004 s. 15(Sch. 1 item 13.3), repealed by No. 23/2009 s. 33. (4) Regulations made under this Act may be made— (a) so as to be of general or limited application; S. 236(4)(a) substituted by No. 41/2021 s. 71(2). (ab) so as to differ according to time, place or S. 236(4)(ab) inserted by circumstance; No. 41/2021 s. 71(2). (b) so as to require a matter affected by the regulations to be— (i) in accordance with a specified standard or specified requirement; or (ii) approved by or to the satisfaction of a prescribed person; Authorised by the Chief Parliamentary Counsel 199 Gas Industry Act 2001 No. 31 of 2001 Part 10—General (c) so as to incorporate, adopt or apply, wholly or partially or as amended by the regulations, the provisions of any document, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether— (i) as formulated, issued, prescribed or published at the time the regulation is made or at any time before the regulation is made; or (ii) as amended from time to time; S. 236(4)(d) (d) so as to confer a discretionary authority or substituted by No. 41/2021 impose a duty on a specified person or a s. 71(3). specified class of person; (e) so as to provide, in a specified case or class of cases for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to the extent specified. (5) The regulations are subject to disallowance by a House of Parliament. Authorised by the Chief Parliamentary Counsel 200 Gas Industry Act 2001 No. 31 of 2001 Part 11—Abolition of VENCorp Part 11—Abolition of VENCorp Pt 11 (Heading and 237 Definitions ss 237–244) inserted by No. 23/2009 In this Part— s. 34. current VENCorp transmission determination has the same meaning as in section 34 of the National Electricity (Victoria) Act 2005; Dispute resolution panel has the same meaning as in the National Gas (Victoria) Law; liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective; property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description; rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective; specified code or specified code provision means— (a) a specified code or guideline (within the meaning of Division 3 of Part 6 of the National Gas (Victoria) Act 2008); or (b) a specified VENCorp provision (within the meaning of Division 3 of Part 6 of the National Gas (Victoria) Act 2008); or (c) a specified code or guideline (within the meaning of Division 3 of Part 5 of the National Electricity (Victoria) Act 2005); or Authorised by the Chief Parliamentary Counsel 201 Gas Industry Act 2001 No. 31 of 2001 Part 11—Abolition of VENCorp (d) a specified VENCorp provision (within the meaning of Division 3 of Part 5 of the National Electricity (Victoria) Act 2005); transferred employee means an employee transferred to AEMO by force of this Part; transition day means the day on which section 34 of the Energy Legislation Amendment (Australian Energy Market Operator) Act 2009 comes into operation; tribunal includes the Dispute resolution panel; VENCorp means the Victorian Energy Networks Corporation continued under Part 8 as in force immediately before the transition day. S. 238 238 Abolition of VENCorp inserted by No. 23/2009 s. 34. (1) On the transition day— (a) VENCorp is abolished; and (b) any person holding office as a director of VENCorp ceases to hold office. (2) On the transition day— (a) AEMO is the successor in law of VENCorp; and (b) all rights, property and assets that were vested in VENCorp immediately before the transition day vest, by force of this section, in AEMO; and (c) all debts, liabilities and obligations of VENCorp become, by force of this section, debts, liabilities and obligations of AEMO; and Authorised by the Chief Parliamentary Counsel 202 Gas Industry Act 2001 No. 31 of 2001 Part 11—Abolition of VENCorp (d) AEMO is, by force of this section, substituted as a party to any proceedings pending in any court or tribunal to which VENCorp was a party immediately before the transition day; and (e) AEMO is, by force of this section, substituted as a party to any arrangement or contract entered into by or on behalf of VENCorp as a party and in force immediately before the transition day; and (f) any reference to VENCorp in any Act or law or in any proclamation, Order in Council, rule, regulation, order, agreement, instrument, deed, will or other document other than a specified code or specified code provision or the current VENCorp transmission determination is, so far as it relates to any period after the transition day and if not inconsistent with the context or subject matter, construed as a reference to AEMO. 239 Transferred employees S. 239 inserted by No. 23/2009 (1) A person who was an employee of VENCorp s. 34. immediately before the transition day is to be regarded as— (a) having been employed by AEMO with effect from the transition day; and (b) having been employed by AEMO on the same terms and conditions as those that applied to the person, immediately before the transition day, as an employee of VENCorp; and Authorised by the Chief Parliamentary Counsel 203 Gas Industry Act 2001 No. 31 of 2001 Part 11—Abolition of VENCorp (c) having accrued an entitlement to benefits, in connection with that employment by AEMO, that is equivalent to the entitlement that the person had accrued, as an employee of VENCorp, immediately before the transition day. (2) The service of a transferred employee as an employee of AEMO is to be regarded for all purposes as having been continuous with the service of the employee, immediately before the transition day, as an employee of VENCorp. (3) A transferred employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an employee of VENCorp because of this Part. (4) Nothing in this section prevents— (a) any terms and conditions of employment of a transferred employee from being altered by or under any law, award or agreement with effect from any time after the transition day; or (b) a transferred employee from resigning or being dismissed at any time after the transition day in accordance with the then existing terms and conditions of his or her employment by AEMO. S. 240 240 Financial reporting obligations inserted by No. 23/2009 s. 34. (1) AEMO must comply with any accountability and reporting obligations under Part 7 of the Financial Management Act 1994 in relation to VENCorp's transferred assets and liabilities for the financial year ending 30 June 2009 as if— (a) a reference in Part 7 of that Act to a public body were a reference to AEMO; and Authorised by the Chief Parliamentary Counsel 204 Gas Industry Act 2001 No. 31 of 2001 Part 11—Abolition of VENCorp (b) a reference in Part 7 of that Act to an accountable officer were a reference to the chief executive officer of AEMO. (2) AEMO, in the report required under Part 7 of the Financial Management Act 1994 because of subsection (1), must include— (a) a copy of each direction given to VENCorp during the financial year ending 30 June 2009 under section 163 or 171 (as in force immediately before their repeal by section 30 of the Energy Legislation Amendment (Australian Energy Market Operator) Act 2009), together with a statement of VENCorp's response to each direction; and (b) a copy of the statement of corporate intent last completed by VENCorp before the commencement of section 30 of the Energy Legislation Amendment (Australian Energy Market Operator) Act 2009. (3) In this section— VENCorp's transferred assets and liabilities means the assets and liabilities transferred to AEMO under this Part. 241 Taxes S. 241 inserted by No. 23/2009 No duty or other tax is chargeable under any Act s. 34. in respect of anything done under this Part or in respect of any act or transaction connected with or necessary to be done by reason of this Part, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities of VENCorp. Authorised by the Chief Parliamentary Counsel 205 Gas Industry Act 2001 No. 31 of 2001 Part 11—Abolition of VENCorp S. 242 242 Validity of things done under this Part inserted by No. 23/2009 (1) Nothing effected by this Part or suffered under s. 34. this Part— (a) is to be taken as placing any person in breach of contract or confidence, or as otherwise exposing the person to civil liability; or (b) is to be taken as placing any person in breach of, or as constituting a default under, any Act or other law or any provision in any agreement, arrangement or understanding including, but not limited to, any provision prohibiting or restricting the assignment or transfer of any property or right or the disclosure of any information; or (c) is to be taken as fulfilling any condition which allows a person to exercise a power, right or remedy in respect of, or to terminate, any agreement or obligation; or (d) is to be taken as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument because of a change in the beneficial or legal ownership of any property, right or liability; or (e) is to be taken as causing any contract or instrument to be void or otherwise unenforceable; or (f) is to be taken as frustrating any contract; or (g) releases any surety or other obligor wholly or in part from any obligation. (2) In this section Act does not include the Charter of Human Rights and Responsibilities Act 2006. Authorised by the Chief Parliamentary Counsel 206 Gas Industry Act 2001 No. 31 of 2001 Part 11—Abolition of VENCorp 243 Corporations Act displacement S. 243 inserted by To the extent that any provision of this Part is No. 23/2009 incapable of concurrent operation with a s. 34. provision of the Corporations Act (a designated Commonwealth provision), the provision of this Part is declared to be a Corporations legislation displacement provision for the purposes of section 5G of that Act in relation to the designated Commonwealth provision. Note Section 5G of the Corporations Act provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency. * * * * * S. 244 inserted by No. 23/2009 s. 34, expired by force of No. 31/2001 s. 244(3). Authorised by the Chief Parliamentary Counsel 207 Gas Industry Act 2001 No. 31 of 2001 Part 12—Savings and transitional provisions Pt 12 (Heading and Part 12—Savings and transitional provisions new s. 244) inserted by No. 41/2021 s. 72. New s. 244 244 Savings and transitional provisions—Essential inserted by No. 41/2021 Services Commission (Compliance and Enforcement s. 72. Powers) Amendment Act 2021 (1) Despite the substitution of section 30 by section 59 of the amending Act, a determination made under section 30 before the commencement of section 59 continues to have effect until the earlier of— (a) the day on which a new determination takes effect under section 30(5); or (b) the first anniversary of the day on which section 59 of the amending Act comes into operation. (2) In this section— amending Act means the Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021. Authorised by the Chief Parliamentary Counsel 208 Gas Industry Act 2001 No. 31 of 2001 Schedule Schedule Easements for use of gas company The right of the gas company and its successors and transferees and its and their contractors, servants or agents— (a) to enter at any time the land to which the easement applies, with or without vehicles or equipment; (b) to use the land for the purposes of, or incidental to, the conveyance of gas, including the laying down or construction on the land of pipelines; (c) to keep the land free from buildings or obstructions (including trees); (d) to erect and maintain gates in any fences; (e) to inspect, maintain, alter, renew or remove pipelines or works on the land— free from any interference to the surface of the land to a depth greater than 0⋅3 metres without the prior written consent of the gas company. ═══════════════ Authorised by the Chief Parliamentary Counsel 209 Gas Industry Act 2001 No. 31 of 2001 Endnotes Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. Minister's second reading speech— Legislative Assembly: 3 May 2001 Legislative Council: 5 June 2001 The long title for the Bill for this Act was "to regulate the gas industry and for other purposes." Constitution Act 1975: Section 85(5) statement: Legislative Assembly: 3 May 2001 Legislative Council: 5 June 2001 Absolute majorities: Legislative Assembly: 31 May 2001 Legislative Council: 7 June 2001 The Gas Industry Act 2001 was assented to on 19 June 2001 and came into operation as follows: Sections 1, 2 on 19 June 2001: section 2(1); rest of Act (except section 69) on 1 September 2001: section 2(2); section 69 on 1 July 2002: section 2(4). INTERPRETATION OF LEGISLATION ACT 1984 (ILA) Style changes Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act. References to ILA s. 39B Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause. Authorised by the Chief Parliamentary Counsel 210 Gas Industry Act 2001 No. 31 of 2001 Endnotes Interpretation As from 1 January 2001, amendments to section 36 of the ILA have the following effects: • Headings All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A). • Examples, diagrams or notes All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A). • Punctuation All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B). • Provision numbers All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C). • Location of "legislative items" A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B. • Other material Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E). Authorised by the Chief Parliamentary Counsel 211 Gas Industry Act 2001 No. 31 of 2001 Endnotes 2 Table of Amendments This publication incorporates amendments made to the Gas Industry Act 2001 by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Gas Industry Act 2001, No. 31/2001 Assent Date: 19.6.01 Commencement Date: S. 35(4) on 1.9.01: s. 2(2); s. 68(6) inserted on 26.5.04 by No. 25/2004 s. 16; s. 244(3) inserted on 1.7.09 by No. 23/2009 s. 34 Note: S. 35(4) provided that s. 35 expired on 31.8.04; s. 68(6) provided that s. 68 ceased to have effect on 31.12.08; s. 244(3) provided that s. 244 expired on 1.7.10 Current State: All of Act in operation Corporations (Consequential Amendments) Act 2001, No. 44/2001 Assent Date: 27.6.01 Commencement Date: S. 3(Sch. item 57) on 15.7.01: s. 2 Current State: This information relates only to the provision/s amending the Gas Industry Act 2001 Essential Services Commission Act 2001, No. 62/2001 Assent Date: 23.10.01 Commencement Date: Ss 77–80 on 1.1.02: s. 2 Current State: This information relates only to the provision/s amending the Gas Industry Act 2001 Energy Legislation (Miscellaneous Amendments) Act 2001, No. 85/2001 Assent Date: 11.12.01 Commencement Date: Ss 11, 13–15, 17 on 12.12.01 s. 2(1); s. 16 on 1.1.02: s. 2(2); ss 10, 12 on 2.7.02: Government Gazette 13.6.02 p. 1306 Current State: This information relates only to the provision/s amending the Gas Industry Act 2001 Corporations (Financial Services Reform Amendments) Act 2002, No. 9/2002 Assent Date: 23.4.02 Commencement Date: S. 3(Sch. item 7) on 23.4.02: s. 2 Current State: This information relates only to the provision/s amending the Gas Industry Act 2001 Statute Law (Further Revision) Act 2002, No. 11/2002 Assent Date: 23.4.02 Commencement Date: S. 3(Sch. 1 item 28) on 24.4.02: s. 2(1) Current State: This information relates only to the provision/s amending the Gas Industry Act 2001 Authorised by the Chief Parliamentary Counsel 212 Gas Industry Act 2001 No. 31 of 2001 Endnotes Energy Legislation (Further Miscellaneous Amendments) Act 2002, No. 24/2002 Assent Date: 12.6.02 Commencement Date: S. 22 on 13.6.02: s. 2(1) Current State: This information relates only to the provision/s amending the Gas Industry Act 2001 Fair Trading (Amendment) Act 2003, No. 30/2003 Assent Date: 27.5.03 Commencement Date: S. 87 on 28.5.03: s. 2(1) Current State: This information relates only to the provision/s amending the Gas Industry Act 2001 Energy Legislation (Consumer Protection and Other Amendments) Act 2003, No. 40/2003 Assent Date: 11.6.03 Commencement Date: Ss 3–11 on 12.6.03: s. 2(1) Current State: This information relates only to the provision/s amending the Gas Industry Act 2001 Fair Trading (Further Amendment) Act 2003, No. 106/2003 Assent Date: 9.12.03 Commencement Date: S. 26 on 30.8.04: Government Gazette 13.5.04 p. 1218 Current State: This information relates only to provision/s amending the Gas Industry Act 2001 Monetary Units Act 2004, No. 10/2004 Assent Date: 11.5.04 Commencement Date: S. 15(Sch. 1 item 13) on 1.7.04: s. 2(2) Current State: This information relates only to the provision/s amending the Gas Industry Act 2001 Road Management Act 2004, No. 12/2004 Assent Date: 11.5.04 Commencement Date: S. 172 on 1.1.05: s. 2(4) Current State: This information relates only to the provision/s amending the Gas Industry Act 2001 Energy Legislation (Regulatory Reform) Act 2004, No. 25/2004 Assent Date: 25.5.04 Commencement Date: Ss 13–19 on 26.5.04: s. 2(1); ss 10–12 on 30.6.05: s. 2(3) Current State: This information relates only to the provision/s amending the Gas Industry Act 2001 Essential Services Commission (Amendment) Act 2004, No. 75/2004 Assent Date: 9.11.04 Commencement Date: Ss 33–57 on 10.11.04: s. 2 Current State: This information relates only to the provision/s amending the Gas Industry Act 2001 Authorised by the Chief Parliamentary Counsel 213 Gas Industry Act 2001 No. 31 of 2001 Endnotes State Concessions Act 2004, No. 82/2004 Assent Date: 16.11.04 Commencement Date: S. 13(Sch. item 4) on 1.3.05: s. 2(2) Current State: This information relates only to provision/s amending the Gas Industry Act 2001 Energy Legislation (Amendment) Act 2004, No. 91/2004 Assent Date: 7.12.04 Commencement Date: Ss 14–19, 21–25 on 8.12.04: s. 2(1); s. 20 on 1.3.05: s. 2(2) Current State: This information relates only to the provision/s amending the Gas Industry Act 2001 Public Administration Act 2004, No. 108/2004 Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 87) on 5.4.05: Government Gazette 31.3.05 p. 602 Current State: This information relates only to the provision/s amending the Gas Industry Act 2001 Energy Legislation (Miscellaneous Amendments) Act 2005, No. 33/2005 Assent Date: 21.6.05 Commencement Date: S. 5 on 22.6.05: s. 2 Current State: This information relates only to the provision/s amending the Gas Industry Act 2001 Energy Safe Victoria Act 2005, No. 39/2005 Assent Date: 27.7.05 Commencement Date: S. 56 on 10.8.05: Special Gazette (No. 147) 9.8.05 p. 1 Current State: This information relates only to the provision/s amending the Gas Industry Act 2001 Pipelines Act 2005, No. 61/2005 Assent Date: 20.9.05 Commencement Date: S. 217 on 1.4.07: Government Gazette 29.3.07 p. 532 Current State: This information relates only to the provision/s amending the Gas Industry Act 2001 Rail Safety Act 2006, No. 9/2006 Assent Date: 4.4.06 Commencement Date: S. 158 on 1.8.06: Special Gazette (No. 181) 25.7.06 p. 1 Current State: This information relates only to the provision/s amending the Gas Industry Act 2001 Statute Law (Further Revision) Act 2006, No. 29/2006 Assent Date: 6.6.06 Commencement Date: S. 3(Sch. 1 item 13) on 7.6.06: s. 2(1) Current State: This information relates only to the provision/s amending the Gas Industry Act 2001 Authorised by the Chief Parliamentary Counsel 214 Gas Industry Act 2001 No. 31 of 2001 Endnotes Energy Legislation (Miscellaneous Amendments) Act 2006, No. 31/2006 Assent Date: 13.6.06 Commencement Date: S. 5 on 14.6.06: s. 2(1) Current State: This information relates only to the provision/s amending the Gas Industry Act 2001 Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006 Assent Date: 13.6.06 Commencement Date: S. 94(Sch. item 23) on 1.7.06: Government Gazette 29.6.06 p. 1315 Current State: This information relates only to the provision/s amending the Gas Industry Act 2001 Energy Legislation (Hardship, Metering and Other Matters) Act 2006, No. 60/2006 Assent Date: 29.8.06 Commencement Date: S. 5 on 30.8.06: s. 2(1) Current State: This information relates only to the provision/s amending the Gas Industry Act 2001 Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006 Assent Date: 10.10.06 Commencement Date: S. 26(Sch. item 45) on 11.10.06: s. 2(1) Current State: This information relates only to the provision/s amending the Gas Industry Act 2001 Energy Legislation Amendment Act 2007, No. 35/2007 Assent Date: 14.8.07 Commencement Date: Ss 7, 8 on 15.8.07: s. 2(1) Current State: This information relates only to the provision/s amending the Gas Industry Act 2001 Energy Legislation Further Amendment Act 2007, No. 55/2007 Assent Date: 7.11.07 Commencement Date: Ss 14–22, 24, 25(2)(3), 27-32 on 8.11.07: s. 2(1); s. 26 on 25.4.08: Government Gazette 24.4.08 p. 777; ss 23, 25(1), 33 on 25.7.08: Government Gazette 24.7.08 p. 1744 Current State: This information relates only to the provision/s amending the Gas Industry Act 2001 National Gas (Victoria) Act 2008, No. 30/2008 Assent Date: 17.6.08 Commencement Date: S. 41 on 1.7.08: Special Gazette (No. 184) 1.7.08 p. 1 Current State: This information relates only to the provision/s amending the Gas Industry Act 2001 Authorised by the Chief Parliamentary Counsel 215 Gas Industry Act 2001 No. 31 of 2001 Endnotes Energy Legislation Amendment (Retail Competition and Other Matters) Act 2008, No. 59/2008 (as amended by No. 82/2008) Assent Date: 22.10.08 Commencement Date: Ss 29, 30(2) on 23.10.08: s. 2(1); ss 19–28 on 30.12.08: s. 2(2) Current State: This information relates only to the provision/s amending the Gas Industry Act 2001 Energy Legislation Amendment (Australian Energy Market Operator) Act 2009, No. 23/2009 Assent Date: 17.6.09 Commencement Date: Ss 21–34 on 1.7.09: Special Gazette (No. 222) 30.6.09 p. 1 Current State: This information relates only to the provision/s amending the Gas Industry Act 2001 Energy and Resources Legislation Amendment Act 2009, No. 57/2009 Assent Date: 21.10.09 Commencement Date: Ss 17, 18 on 13.12.09: Government Gazette 10.12.09 p. 3215 Current State: This information relates only to the provision/s amending the Gas Industry Act 2001 Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009 Assent Date: 24.11.09 Commencement Date: S. 97(Sch. item 63) on 1.1.10: Government Gazette 10.12.09 p. 3215 Current State: This information relates only to the provision/s amending the Gas Industry Act 2001 Offshore Petroleum and Greenhouse Gas Storage Act 2010, No. 10/2010 Assent Date: 23.3.10 Commencement Date: S. 800(Sch. 6 item 4) on 1.1.12: s. 2(2) Current State: This information relates only to the provision/s amending the Gas Industry Act 2001 Energy and Resources Legislation Amendment Act 2010, No. 55/2010 Assent Date: 14.9.10 Commencement Date: S. 87 on 14.10.10: Government Gazette 14.10.10 p. 2404 Current State: This information relates only to the provision/s amending the Gas Industry Act 2001 Fair Trading Amendment (Australian Consumer Law) Act 2010, No. 72/2010 Assent Date: 19.10.10 Commencement Date: S. 48(Sch. item 12) on 1.1.11: Special Gazette (No. 502) 20.12.10 p. 1 Current State: This information relates only to the provision/s amending the Gas Industry Act 2001 Authorised by the Chief Parliamentary Counsel 216 Gas Industry Act 2001 No. 31 of 2001 Endnotes Personal Property Securities (Statute Law Revision and Implementation) Act 2010, No. 74/2010 Assent Date: 19.10.10 Commencement Date: S. 26 on 30.1.12: Special Gazette (No. 423) 21.12.11 p. 3 Current State: This information relates only to the provision/s amending the Gas Industry Act 2001 Commercial Arbitration Act 2011, No. 50/2011 Assent Date: 18.10.11 Commencement Date: S. 46(Sch. item 8) on 17.11.11: Special Gazette (No. 369) 15.11.11 p. 1 Current State: This information relates only to the provision/s amending the Gas Industry Act 2001 Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011, No. 59/2011 Assent Date: 8.11.11 Commencement Date: Ss 41, 42 on 1.1.12: Special Gazette (No. 407) 13.12.11 p. 1 Current State: This information relates only to the provision/s amending the Gas Industry Act 2001 Australian Consumer Law and Fair Trading Act 2012, No. 21/2012 Assent Date: 8.5.12 Commencement Date: S. 239(Sch. 6 item 20) on 1.7.12: Special Gazette (No. 214) 28.6.12 p. 1 Current State: This information relates only to the provision/s amending the Gas Industry Act 2001 Energy Legislation Amendment Act 2012, No. 51/2012 Assent Date: 18.9.12 Commencement Date: Ss 6–8 on 27.9.12: Special Gazette (No. 324) 26.9.12 p. 1 Current State: This information relates only to the provision/s amending the Gas Industry Act 2001 Energy Legislation Amendment (Flexible Pricing and Other Matters) Act 2013, No. 11/2013 Assent Date: 13.3.13 Commencement Date: S. 10 on 18.4.13: Special Gazette (No. 141) 16.4.13 p. 2 Current State: This information relates only to the provision/s amending the Gas Industry Act 2001 Rail Safety National Law Application Act 2013, No. 22/2013 Assent Date: 23.4.13 Commencement Date: Ss 57, 58 on 19.5.14: Special Gazette (No. 148) 13.5.14 p. 2 Current State: This information relates only to the provision/s amending the Gas Industry Act 2001 Authorised by the Chief Parliamentary Counsel 217 Gas Industry Act 2001 No. 31 of 2001 Endnotes Energy Legislation Amendment (General) Act 2014, No. 3/2014 Assent Date: 11.2.14 Commencement Date: Ss 15–22 on 1.4.14: Special Gazette (No. 94) 25.3.14 p. 1 Current State: This information relates only to the provision/s amending the Gas Industry Act 2001 Energy Legislation Amendment (Customer Metering Protections and Other Matters) Act 2014, No. 46/2014 Assent Date: 1.7.14 Commencement Date: Ss 11, 12 on 30.7.14: Special Gazette (No. 254) 29.7.14 p. 1 Current State: This information relates only to the provision/s amending the Gas Industry Act 2001 Energy Legislation Amendment (Publication of Retail Offers) Act 2015, No. 28/2015 Assent Date: 11.8.15 Commencement Date: Ss 5–7 on 1.10.15: Special Gazette (No. 285) 29.9.15 p. 1 Current State: This information relates only to the provision/s amending the Gas Industry Act 2001 Energy Legislation Amendment (Consumer Protection) Act 2015, No. 49/2015 Assent Date: 13.10.15 Commencement Date: Ss 18–27 on 1.1.16: Special Gazette (No. 403) 15.12.15 p. 1 Current State: This information relates only to the provision/s amending the Gas Industry Act 2001 Oaths and Affirmations Act 2018, No. 6/2018 Assent Date: 27.2.18 Commencement Date: S. 68(Sch. 2 item 60) on 1.3.19: s. 2(2) Current State: This information relates only to the provision/s amending the Gas Industry Act 2001 Energy Legislation Amendment (Victorian Default Offer) Act 2019, No. 6/2019 Assent Date: 26.3.19 Commencement Date: Ss 9–13 on 27.3.19: s. 2 Current State: This information relates only to the provision/s amending the Gas Industry Act 2001 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019, No. 41/2019 Assent Date: 6.11.19 Commencement Date: S. 117(Sch. 1 item 6) on 2.12.19: Special Gazette (No. 480) 26.11.19 p. 1 Current State: This information relates only to the provision/s amending the Gas Industry Act 2001 Authorised by the Chief Parliamentary Counsel 218 Gas Industry Act 2001 No. 31 of 2001 Endnotes Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2020, No. 4/2020 Assent Date: 25.2.20 Commencement Date: S. 55 on 1.1.21: s. 2(2) Current State: This information relates only to the provision/s amending the Gas Industry Act 2001 National Energy Legislation Amendment Act 2020, No. 28/2020 Assent Date: 20.10.20 Commencement Date: S. 8 on 1.6.21: s. 2(2) Current State: This information relates only to the provision/s amending the Gas Industry Act 2001 Energy Legislation Amendment (Licence Conditions) Act 2020, No. 37/2020 Assent Date: 1.12.20 Commencement Date: Ss 12–19 on 2.12.20: s. 2 Current State: This information relates only to the provision/s amending the Gas Industry Act 2001 Energy Legislation Amendment (Energy Fairness) Act 2021, No. 28/2021 (as amended by No. 41/2021) Assent Date: 10.8.21 Commencement Date: Ss 27–29 on 25.10.21: Special Gazette (No. 579) 19.10.21 p. 1; ss 17−19 on 31.12.21: Special Gazette (No. 717) 14.12.21 p. 1; ss 20–26 on 1.3.22: Special Gazette (No. 87) 22.2.22 p. 1 Current State: This information relates only to the provision/s amending the Gas Industry Act 2001 Energy Legislation Amendment Act 2021, No. 33/2021 (as amended by No. 41/2021) Assent Date: 14.9.21 Commencement Date: Ss 13–15 on 1.6.22: s. 2(3) Current State: This information relates only to the provision/s amending the Gas Industry Act 2001 Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021, No. 41/2021 Assent Date: 19.10.21 Commencement Date: Ss 55–72 on 1.12.21: Special Gazette (No. 673) 30.11.21 p. 1 Current State: This information relates only to the provision/s amending the Gas Industry Act 2001 Regulatory Legislation Amendment (Reform) Act 2022, No. 13/2022 Assent Date: 29.3.22 Commencement Date: S. 68 on 30.3.22: s. 2(3) Current State: This information relates only to the provision/s amending the Gas Industry Act 2001 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Authorised by the Chief Parliamentary Counsel 219 Gas Industry Act 2001 No. 31 of 2001 Endnotes 3 Explanatory details 1 S. 20(8): The amendment proposed by section 11(2) of the Energy Legislation (Regulatory Reform) Act 2004, No. 25/2004 (repealed) is not included in this publication as section 20(8) was substituted by section 33 of the Essential Services Commission (Amendment) Act 2004, No. 75/2004 (repealed). Section 11(2) read as follows: 11 References to Tariff Order (2) In sections 20(1), 20(5) and 20(8) of the Gas Industry Act 2001 for "A Tariff Order" substitute "The Wimmera and Colac Tariff Order". 2 S. 91(1) (repealed): The amendment proposed by section 15(Sch. 1 item 13.1) (repealed) of the Monetary Units Act 2004, No. 10/2004 is not included in this publication because section 91 was repealed by section 17 of the Energy Legislation (Regulatory Reform) Act 2004, No. 25/2004 (repealed) with effect from 26 May 2004. Section 15(Sch. 1 item 13.1) read as follows:

Schedule 1—Conversion of Penalties and Fees in Acts 13 Gas Industry Act 2001 13.1 In section 91(1), for "$10 000 000" substitute "an amount that is 100 000 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the Monetary Units Act 2004". Authorised by the Chief Parliamentary Counsel 220