Gas Supply Act 2003

1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Part 2 Purpose and application of Act

3 Main purposes of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

4 Gas-related matters to which Act does not apply . . . . . . . . . . . . 14

5 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

5A Declaration for Commonwealth Act . . . . . . . . . . . . . . . . . . . . . . . 15

6 Act does not affect other rights or remedies . . . . . . . . . . . . . . . . 15 Part 3 Interpretation Division 1 Dictionary

7 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Division 2 Key definitions Subdivision 1 The regulator

8 Who is the regulator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Subdivision 2 Processed natural gas

11 What is processed natural gas . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Subdivision 3 Pipelines and pipeline systems

12 What is a transmission pipeline . . . . . . . . . . . . . . . . . . . . . . . . . . 16

13 What is a distribution pipeline . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

14 What is a distribution system . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

15 When processed natural gas is reticulated . . . . . . . . . . . . . . . . . 17 Subdivision 4 Customers

16 Customers and their types . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Subdivision 5 Customer connection and retail services

19 What are customer connection services . . . . . . . . . . . . . . . . . . . 18 Gas Supply Act 2003 Contents Subdivision 6 Distribution authorities and distributors

21 What are a distribution authority and distribution area . . . . . . . . 19

22 Distributors and references to distributors . . . . . . . . . . . . . . . . . . 19 Chapter 2 Processed natural gas distribution Part 1 Distribution authorities Division 1 Applying for and obtaining distribution authority Subdivision 1 Application

27 Who may apply for distribution authority . . . . . . . . . . . . . . . . . . . 21

28 Requirements for application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

29 Public notice by regulator and submissions . . . . . . . . . . . . . . . . 21

31 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

32 Criteria for deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 22

34 Term of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Subdivision 2 Steps after deciding application

35 Notice of decision to grant application . . . . . . . . . . . . . . . . . . . . . 24

36 Lapsing of application if conditions not accepted . . . . . . . . . . . . 24

37 Issue and public notice of authority . . . . . . . . . . . . . . . . . . . . . . . 25

38 Information notice about refusal . . . . . . . . . . . . . . . . . . . . . . . . . 25 Division 2 Distribution authority conditions

39 Operation of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

40 General conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

41 Ring fencing requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

42 Obligation to operate and maintain distribution pipes . . . . . . . . . 26

43 Restriction for distributors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

46 Standard for distribution pipes . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

47 Inquiry practices and procedures . . . . . . . . . . . . . . . . . . . . . . . . 27

48 Contingency practices and procedures . . . . . . . . . . . . . . . . . . . . 27

49 Compliance with contingency supply plan requirements . . . . . . . 28

50 Participation in retailer of last resort scheme . . . . . . . . . . . . . . . 28

50A Compliance with distribution network codes . . . . . . . . . . . . . . . . 29

50B Membership of energy ombudsman scheme . . . . . . . . . . . . . . . 29

51 Conditions imposed under a regulation . . . . . . . . . . . . . . . . . . . . 29 Division 3 Amendment, cancellation and suspension of distribution authority Subdivision 1 Amendment by regulator

52 Amendments for which proposed action notice is not required . . 29

53 Amendments for which proposed action notice is required . . . . . 30 Page 2 Gas Supply Act 2003 Contents

54 Imposed condition can not be amended . . . . . . . . . . . . . . . . . . . 30 Subdivision 2 Amendment by application

55 Applying for amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

56 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Subdivision 3 Amendment, cancellation or suspension by regulator

57 Conditions for amendment, cancellation or suspension . . . . . . . 31 Subdivision 4 Procedure for immediate suspension

58 Immediate suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Subdivision 5 Procedure for amendment, cancellation or suspension other than immediate suspension

59 Application of sdiv 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

60 Notice of proposed action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

61 Considering submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

62 Decision on proposed action . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

63 Notice and taking of effect of proposed action decision . . . . . . . 35 Division 4 Dealings with distribution authority Subdivision 1 Renewals

64 Applying for renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

65 Deciding renewal application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

66 Continuing effect of authority for renewal application . . . . . . . . . 36 Subdivision 2 Transfers

67 Transfer only by application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

68 Applying for transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

69 Deciding transfer application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Subdivision 3 Mortgages

70 Mortgage of distribution authority . . . . . . . . . . . . . . . . . . . . . . . . 38

71 Notice of intention to exercise powers under mortgage . . . . . . . 38

72 Consequence of exercising powers under mortgage . . . . . . . . . 38 Subdivision 4 Surrenders

73 Surrenders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Part 2 Gas infrastructure Division 1 Preliminary

75 What is gas infrastructure and gas infrastructure work . . . . . . . . 39 75A References to distributor in pt 2 includes a reference to LPG distributor 40

76 What is a public entity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Page 3 Gas Supply Act 2003 Contents

77 Publicly controlled places and their public entities . . . . . . . . . . . 40 Division 2 Carrying out gas infrastructure work on publicly controlled places Subdivision 1 When work may be carried out

78 Right to carry out work on publicly controlled place . . . . . . . . . . 41

79 Requirements for carrying out work . . . . . . . . . . . . . . . . . . . . . . 41

80 Obtaining public entity’s approval . . . . . . . . . . . . . . . . . . . . . . . . 42

81 Conditions of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Subdivision 2 Obligations in carrying out work

82 Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

83 Guarding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

84 Warning signs on roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

85 General obligations in carrying out work . . . . . . . . . . . . . . . . . . . 43

86 Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Subdivision 3 Work directions

87 Power to give work direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

88 Compliance with work direction . . . . . . . . . . . . . . . . . . . . . . . . . . 45

89 Costs of carrying out directed work . . . . . . . . . . . . . . . . . . . . . . . 46 Division 3 Public entity work

90 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

91 Requirement to consult if gas infrastructure affected . . . . . . . . . 46

92 Power to require consequential work . . . . . . . . . . . . . . . . . . . . . 46

93 Compliance with consequential work requirement . . . . . . . . . . . 47

94 Costs of carrying out required consequential work . . . . . . . . . . . 47 Division 4 Gas infrastructure interfering with publicly controlled place

95 Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48

96 Remedial action by public entity in emergency . . . . . . . . . . . . . . 48

97 Power to require remedial action . . . . . . . . . . . . . . . . . . . . . . . . . 48

98 Compliance with remedial action requirement . . . . . . . . . . . . . . 48

99 Costs of taking required remedial action . . . . . . . . . . . . . . . . . . . 48 Division 5 Miscellaneous provisions

100 Ownership of gas infrastructure that becomes part of land . . . . . 49

101 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Part 3 Customer connection services Division 1 Preliminary

102 Application of pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Division 2 Applying for and obtaining customer connection services Page 4 Gas Supply Act 2003 Contents Subdivision 1 Applying for customer connection services

103 Who may apply for customer connection services . . . . . . . . . . . 50

104 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51

104A Information notice for refusal of services . . . . . . . . . . . . . . . . . . . 51 Subdivision 2 Steps after granting application

105 Distributor’s obligation to propose terms . . . . . . . . . . . . . . . . . . . 51

106 Connection contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52

108 Commencement of customer connection services . . . . . . . . . . . 52

109 Limits on provision of customer connection services . . . . . . . . . 53 Subdivision 3 Requirements for connection contracts

109A General limits on what may be negotiated . . . . . . . . . . . . . . . . . 55

109B Provisions for small customers . . . . . . . . . . . . . . . . . . . . . . . . . . 55

109C Provisions for large customers . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Division 3 Changes to processed natural gas installation

110 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 111 Obligation to give information to allow proposed changes . . . . . 57

112 Applying to change connection . . . . . . . . . . . . . . . . . . . . . . . . . . 57 Part 4 Meter and control apparatus requirements

125 Operation of pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57

126 Distributor must provide meter . . . . . . . . . . . . . . . . . . . . . . . . . . 57

127 Matters that may be considered for placement . . . . . . . . . . . . . . 58

128 Placing meter on customer’s premises . . . . . . . . . . . . . . . . . . . . 58

129 Change of meter placement . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58

130 Customer must provide safe access . . . . . . . . . . . . . . . . . . . . . . 59

131 Alternative measurement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Part 5 Distribution officers Division 1A Preliminary 131A References to distributor and processed natural gas in pt 5 . . . . 60 Division 1 Appointment and functions

132 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60

133 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 134 Distribution officers are public officials for particular functions . . 61

135 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61

136 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . 61

137 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Division 2 Powers of entry Page 5 Gas Supply Act 2003 Contents

138 Power to enter—general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62

139 Power to enter to make gas infrastructure safe . . . . . . . . . . . . . . 63

140 Power to enter for emergency . . . . . . . . . . . . . . . . . . . . . . . . . . . 63

141 Power to enter common property unaffected . . . . . . . . . . . . . . . 64 Division 3 Safeguards

142 Duty to avoid damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64

143 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64

144 Content of notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65

145 Compensation from distributor to owner or occupier . . . . . . . . . . 65 Chapter 3 Supply of reticulated processed natural gas Part 1 Retailers and particular exempt sellers

175A Retailer or particular exempt sellers must enter into community services agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 Part 3 On-supply

213 On-suppliers and their receivers . . . . . . . . . . . . . . . . . . . . . . . . . 67

222 Individual metering option . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68

223 Compensation for installation damage . . . . . . . . . . . . . . . . . . . . 68 Part 4 Pricing Division 1 QCA investigation 227A Direction by Minister to investigate effectiveness of retail competition 69

227B Period for giving report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70

227C Terms of reference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70

227D Notice of pricing investigation or amended term of reference or direction 70

227E Conduct of pricing investigation . . . . . . . . . . . . . . . . . . . . . . . . . 71

227F Required consultation for report . . . . . . . . . . . . . . . . . . . . . . . . . 71 Division 2 Notified prices

228 Fixing of prices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 228A Restrictions on the first exercise of price fixing power . . . . . . . . 72

229 Review of notified prices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73

230 Public advertisement of notified prices . . . . . . . . . . . . . . . . . . . . 73

231 Requirement to comply with notified prices . . . . . . . . . . . . . . . . . 74

232 Additional consequences of failure to comply with notified prices 74

233 Directions for prices notification . . . . . . . . . . . . . . . . . . . . . . . . . 74

234 Requirement to comply with direction for prices notification . . . . 75 Chapter 4 Sufficiency of supply Page 6 Gas Supply Act 2003 Contents Part 1 Preliminary

236 Who is an industry participant . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 Part 2 Contingency supply plans

237 Regulator’s power to require plan . . . . . . . . . . . . . . . . . . . . . . . . 77

238 Regulator’s power to make plan . . . . . . . . . . . . . . . . . . . . . . . . . 77

239 Contingency supply plan—content requirements . . . . . . . . . . . . 78

240 Requirement to comply with plan . . . . . . . . . . . . . . . . . . . . . . . . 79 241 Limitation of industry participant’s liability because of compliance with plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79

242 When plan must be revised . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79

243 Regulator’s power to amend plan . . . . . . . . . . . . . . . . . . . . . . . . 80 Part 3 Information requirements

244 Notice of significant disruption . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 245 Regulator’s power to require information from industry participant 81

246 Failure to comply with information requirement . . . . . . . . . . . . . . 82

247 Notice of intention to stop processed natural gas transport or sale or customer connection services . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 Part 5 Insufficiency of supply declarations and directions Division 1 Insufficiency of supply declarations

251 Minister’s power to make declaration . . . . . . . . . . . . . . . . . . . . . 84

252 Requirements for making declaration . . . . . . . . . . . . . . . . . . . . . 84

253 Duration of declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 Division 2 Insufficiency of supply directions 254 Minister’s power to give directions while declaration in force . . . 85

255 Failure to comply with direction . . . . . . . . . . . . . . . . . . . . . . . . . . 86 256 Liability of recipient for processed natural gas supplied under direction 87

257 Direction overrides contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87

257AA Exemption from Petroleum and Gas (Production and Safety) Act, ss 800, 802 and 803 for person complying with direction . . . . . . . . . . . . 88 Chapter 5 Resolution of gas infrastructure work disputes

258 Application of ch 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89

267 Referral to regulator to mediate . . . . . . . . . . . . . . . . . . . . . . . . . . 89

268 Regulator’s powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89

269 Resolution by Governor in Council . . . . . . . . . . . . . . . . . . . . . . . 90

270 Exclusion of other jurisdictions . . . . . . . . . . . . . . . . . . . . . . . . . . 90 Chapter 5A Distribution network codes Page 7 Gas Supply Act 2003 Contents Part 1 Initial distribution network codes 270A Making of initial distribution network codes by Minister . . . . . . . . 91

270B Specific matters for which code may provide . . . . . . . . . . . . . . . 91

270BA Required consultation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91

270C Gazettal and taking of effect of code . . . . . . . . . . . . . . . . . . . . . . 92

270D Tabling of code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 Part 2 QCA distribution network codes

270E QCA may make distribution network code . . . . . . . . . . . . . . . . . 92

270F QCA code objective . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93

270G Required consultation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93

270H Ministerial approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93

270I When approved QCA distribution network code takes effect . . . 94

270J Tabling of QCA distribution network code . . . . . . . . . . . . . . . . . . 94 Part 3 Review of distribution network codes and related matters

270K Direction by Minister to review . . . . . . . . . . . . . . . . . . . . . . . . . . 95

270L Terms of reference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95

270M Notice of review or amended term of reference or direction . . . . 96

270N Conduct of review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 Part 4 Amending distribution network codes

270O Application of pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96

270OA Required consultation for amendment . . . . . . . . . . . . . . . . . . . . 97

270OB Application of pt 2 other than its consultation provision . . . . . . . 97 Part 5 Enforcing distribution network codes Division 1 Code contravention notices Subdivision 1 Preliminary

270P Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98

270Q Criteria for deciding material contravention . . . . . . . . . . . . . . . . . 98 Subdivision 2 Warning notices

270R Warning notice may be given . . . . . . . . . . . . . . . . . . . . . . . . . . . 98

270S Requirements for warning notice . . . . . . . . . . . . . . . . . . . . . . . . . 99

270T Considering submissions on warning notice . . . . . . . . . . . . . . . . 100 Subdivision 3 Action after warning notice

270U Giving of code contravention notice . . . . . . . . . . . . . . . . . . . . . . 100

270V Duration of code contravention notice . . . . . . . . . . . . . . . . . . . . . 101 Division 2 Proceedings

270W Proceeding for civil penalty order . . . . . . . . . . . . . . . . . . . . . . . . 102 Page 8 Gas Supply Act 2003 Contents

270X How order enforced . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103

270Y Injunctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103

270Z Conduct by directors, servants or agents . . . . . . . . . . . . . . . . . . 104 Division 3 Referrals to regulator

270ZA When QCA must refer material contravention . . . . . . . . . . . . . . . 106

270ZB When QCA may refer material contravention . . . . . . . . . . . . . . . 106 270ZC Guidelines for exercise of QCA powers for civil penalties . . . . . . 106

270ZD How regulator deals with referral . . . . . . . . . . . . . . . . . . . . . . . . . 107 Division 4 Production of documents or information

270ZE Notice to produce documents or information . . . . . . . . . . . . . . . . 107

270ZF Protection of confidential information given for investigation . . . 108 Division 5 Audits

270ZG QCA’s powers concerning audit of compliance with distribution network code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109

270ZH Responsibility for cost of audit . . . . . . . . . . . . . . . . . . . . . . . . . . . 110

270ZI Independent auditor may require reasonable help or information 110

270ZJ Audit report and submissions on report . . . . . . . . . . . . . . . . . . . . 110 Part 6 Miscellaneous provisions

270ZJA Relationship with Fair Trading Act 1989 . . . . . . . . . . . . . . . . . . . 111 Chapter 6 Miscellaneous provisions Part 1A Civil penalty for particular contraventions

270ZK Application of pt 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111

270ZL Regulator may impose civil penalty . . . . . . . . . . . . . . . . . . . . . . . 112 270ZM Information notice about and taking effect of decision . . . . . . . . 113

270ZN Civil penalty recoverable as a debt . . . . . . . . . . . . . . . . . . . . . . . 113 Part 1B Enforcing section 175A against retailers Division 1 Contravention notices Subdivision 1 Preliminary

271AA Application of pt 1B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113

271AB Criteria for deciding material contravention . . . . . . . . . . . . . . . . . 114 Subdivision 2 Warning notices

271AC Warning notice may be given . . . . . . . . . . . . . . . . . . . . . . . . . . . 114

271AD Requirements for warning notice . . . . . . . . . . . . . . . . . . . . . . . . . 115

271AE Considering submissions on warning notice . . . . . . . . . . . . . . . . 116 Subdivision 3 Action after warning notice

271AF Giving of contravention notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 Page 9 Gas Supply Act 2003 Contents

271AG Duration of contravention notice . . . . . . . . . . . . . . . . . . . . . . . . . 116 Division 2 Proceedings

271AH Proceeding for civil penalty order . . . . . . . . . . . . . . . . . . . . . . . . 117

271AI How order enforced . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118

271AJ Injunctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118

271AK Conduct by directors, servants or agents . . . . . . . . . . . . . . . . . . 119 Division 3 Production of documents or information

271AL Notice to produce documents or information . . . . . . . . . . . . . . . . 120 Part 1 Reviews Division 1 Internal reviews

271 Who may apply for internal review . . . . . . . . . . . . . . . . . . . . . . . 121

272 Requirements for making internal review application . . . . . . . . . 122

273 Stay of operation of original decision . . . . . . . . . . . . . . . . . . . . . 122

274 Internal review decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123

275 Internal review procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123

276 Reviewer may seek advice or information . . . . . . . . . . . . . . . . . . 124

277 Offence about disclosure of advice or information . . . . . . . . . . . 124

278 Notice of internal review decision . . . . . . . . . . . . . . . . . . . . . . . . 125 Division 2 External reviews by QCAT

279 External review of internal review decision . . . . . . . . . . . . . . . . . 125 Part 2 General offences

286 Unlawfully operating distribution pipeline . . . . . . . . . . . . . . . . . . 126

287 Unlawful tampering with gas infrastructure . . . . . . . . . . . . . . . . . 126

289 Unlawfully taking processed natural gas or LPG . . . . . . . . . . . . . 127

289A Restriction on providing gas retail market services . . . . . . . . . . . 127

290 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . 128

291 Attempts to commit offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 Part 3 Offence proceedings Division 1 General provisions

292 Offences under Act are summary . . . . . . . . . . . . . . . . . . . . . . . . 128

293 Statement of complainant’s knowledge . . . . . . . . . . . . . . . . . . . . 129

294 Allegations of false or misleading matters . . . . . . . . . . . . . . . . . . 129

295 Evidence of tampering with gas infrastructure . . . . . . . . . . . . . . 129

296 Conduct of representatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 Division 2 Provisions for proceedings for unlawfully taking processed natural gas or LPG Page 10 Gas Supply Act 2003 Contents

297 Evidence of unlawful taking of processed natural gas or LPG . . 131

298 Proceeding may be for a period . . . . . . . . . . . . . . . . . . . . . . . . . 131

299 Ownership of processed natural gas or LPG for proceeding . . . 132 Division 3 Provisions for civil penalty proceedings

299A Relationship with criminal proceedings . . . . . . . . . . . . . . . . . . . . 132

299B Avoidance of multiple penalties . . . . . . . . . . . . . . . . . . . . . . . . . . 133 Part 4 General remedies

300 Forfeiture and costs of remedial work . . . . . . . . . . . . . . . . . . . . . 133

301 Additional consequences of unlawfully operating distribution pipe 134

303 Recovery of unlawful profits . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 Part 5 Evidentiary provisions

304 Application of pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135

305 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135

306 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135

307 Other evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135

307A Evidentiary effect of code contravention notice . . . . . . . . . . . . . . 136 Part 6 Registers

308 Register of authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137

309 Keeping of register of authorities . . . . . . . . . . . . . . . . . . . . . . . . . 137

310 Access to register of authorities . . . . . . . . . . . . . . . . . . . . . . . . . 138

310A Registers QCA must keep . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 Part 7 Additional provisions for applications

311 Substantial compliance with application requirements may be accepted 139 312 Additional information may be required about application . . . . . . 139

313 Power to refund application fee on withdrawal . . . . . . . . . . . . . . 140 Part 8 Other miscellaneous provisions

314 Replacement of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140

315 Protection from civil liability for particular persons . . . . . . . . . . . 140

316 Limitation of liability of distributors . . . . . . . . . . . . . . . . . . . . . . . . 141

316A Protection from liability of member or employee of QCA . . . . . . 142

317 Power to require additional information . . . . . . . . . . . . . . . . . . . . 142

318 Confidentiality of particular information . . . . . . . . . . . . . . . . . . . . 142

319 Application of provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143

320 Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144

321 Delegation by regulator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 Page 11 Gas Supply Act 2003 Contents

321B Reporting to Minister by QCA . . . . . . . . . . . . . . . . . . . . . . . . . . . 144

322 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144

323 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 Chapter 7 Transitional provisions Part 1 Transitional provisions for Electricity and Other Legislation Amendment Act 2006

324 Definitions for pt 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145

325 Conversion of customer retail contracts for particular small customers to standard contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 326 Small customer may enter into negotiated retail contract before FRC day 146

327 Transitional retail contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147

328 References to other particular contracts under pre-amended Act 148 329 Price publication requirements of area retailers for FRC . . . . . . 149 330 Area retailer’s obligations about standard terms apply 1 month before FRC day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150

331 Price publication requirements of general retailers for FRC . . . . 150

332 Existing mediated agreements . . . . . . . . . . . . . . . . . . . . . . . . . . 150

333 Existing orders on arbitrated disputes . . . . . . . . . . . . . . . . . . . . . 150 Part 2 Transitional provision for Mines and Energy Legislation Amendment Act 2009

334 Continued protection from civil liability for particular persons . . . 151 Part 3 Transitional provisions for Electricity Competition and Protection Legislation Amendment Act 2014

335 Definition for pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152

336 Continuation of cancellation or suspension of distribution authorities 152

337 Unfinished customer connection services . . . . . . . . . . . . . . . . . . 152

338 Undecided retail authority applications . . . . . . . . . . . . . . . . . . . . 153

339 Existing retail authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153

340 Continuation of actions by QCA . . . . . . . . . . . . . . . . . . . . . . . . . 153

341 Regulator may continue to impose civil penalties . . . . . . . . . . . . 154 Schedule 1 Decisions subject to internal review . . . . . . . . . . . . . . . . . . . . 155 Schedule 2 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 Page 12 Gas Supply Act 2003 Chapter 1 Preliminary [s 1] Gas Supply Act 2003 An Act about the transport and supply of processed natural gas, and for other purposes Chapter 1 Preliminary Part 1 Introduction

1 Short title This Act may be cited as the Gas Supply Act 2003.

2 Commencement This Act commences on a day to be fixed by proclamation. Part 2 Purpose and application of Act

3 Main purposes of Act The main purposes of this Act are to— (a) promote efficient and economical processed natural gas supply; and (b) ensure the interests of customers are protected by— (i) regulating the distribution services for reticulated processed natural gas; and Current as at 1 July 2015 Page 13 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 1 Preliminary [s 4] (ii) providing for the making of relevant distribution network codes. Note— This Act also includes provisions about LPG distribution pipelines and LPG distribution systems. See sections 75, 75A, 131A, 258, 289, 295 and 297 to 299.

4 Gas-related matters to which Act does not apply (1) This Act does not— (a) provide for the safety of persons involved in, or who may be affected by, the supply or use of processed natural gas; or (b) provide for the measurement or quality of processed natural gas; or (c) regulate gases other than— (i) processed natural gas; and (ii) LPG, in relation to LPG distribution pipelines and LPG distribution systems. (2) This Act provides for access to a distribution pipeline or system only to the extent of the physical connection, or the opening of the connection, to the pipeline or system. Editor’s note— For other laws about access to a distribution pipeline or system, see the Gas Pipelines Access Law, the Australian Consumer Law (Queensland) and the Queensland Competition Authority Act 1997. (3) Other than for chapter 4, this Act does not provide for or regulate transmission pipelines.

5 Act binds all persons (1) This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States. Page 14 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 1 Preliminary [s 5A] (2) However, the Commonwealth or a State can not be prosecuted for an offence against this Act.

5A Declaration for Commonwealth Act A distribution authority is declared not to be personal property under the Personal Property Securities Act 2009 (Cwlth).

6 Act does not affect other rights or remedies (1) Subject to sections 241, 256, 315 and 316, this Act does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise. (2) Without limiting subsection (1), compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached. (3) In addition, a breach of an obligation under this Act does not, of itself, give rise to an action for breach of statutory duty or another civil right or remedy. (4) This Act does not limit a court’s powers under the Penalties and Sentences Act 1992 or another law. Part 3 Interpretation Division 1 Dictionary

7 Definitions The dictionary in schedule 2 defines particular words used in this Act. Current as at 1 July 2015 Page 15 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 1 Preliminary [s 8] Division 2 Key definitions Subdivision 1 The regulator

8 Who is the regulator The chief executive of the department is the regulator. Subdivision 2 Processed natural gas

11 What is processed natural gas Processed natural gas is a substance that— (a) is in a gaseous state at standard temperature and pressure; and (b) consists of naturally occurring hydrocarbons and other substances; and (c) is more than half methane; and (d) has been processed to be suitable for consumption. Subdivision 3 Pipelines and pipeline systems

12 What is a transmission pipeline A transmission pipeline is a pipeline operated, or to be operated, for the primary purpose of conveying processed natural gas directly to a market after it has been processed, whether or not it is subsequently processed or reprocessed.

13 What is a distribution pipeline A distribution pipeline is a pipeline that— (a) transports processed natural gas as— Page 16 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 1 Preliminary [s 14] (i) part of a reticulation system within a processed natural gas market; or (ii) a single point-to-point pipeline to a specific commercial or industrial facility; and (b) is not a transmission pipeline.

14 What is a distribution system (1) A distribution system is a system of distribution pipelines and meters and other equipment used for, or in connection with, the supply of processed natural gas to more than 1 customer within a processed natural gas market. (2) However, a distribution system does not include— (a) pipelines connected from the exit point of a meter installed for a customer’s premises; or (b) appliances or equipment connected to pipelines mentioned in paragraph (a).

15 When processed natural gas is reticulated Processed natural gas is reticulated if it is supplied by way of a distribution pipeline. Subdivision 4 Customers

16 Customers and their types (1) A customer is a person who receives, or wants to receive, reticulated processed natural gas. (2) However, a receiver is only a customer if the receiver’s premises has a processed natural gas installation that, to the reasonable satisfaction of the distributor whose distribution area includes the premises, is capable of receiving supply directly from a distribution system. (3) A small customer is a person who is— Current as at 1 July 2015 Page 17 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 1 Preliminary [s 19] (a) a small customer, for gas, under the NERL (Qld), section 5(2); or (b) an excluded customer to whom processed natural gas may be sold for premises only by an exempt seller and— (i) who purchases processed natural gas from the exempt seller principally for personal, household or domestic use at premises; or (ii) who consumes energy at premises below the upper consumption threshold applying under the NERL (Qld), section 6. (4) An excluded customer is a person whose premises are located in— (a) the Maranoa distribution area; or (b) the Western Downs distribution area. (5) In this section— Maranoa distribution area means the distribution area described in the distribution authority held by the Maranoa Regional Council. Western Downs distribution area means the distribution area described in the distribution authority held by the Western Downs Regional Council. Subdivision 5 Customer connection and retail services

19 What are customer connection services (1) A person provides customer connection services to premises by— (a) either— (i) if the premises are not already connected to a distribution pipeline or system—physically Page 18 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 1 Preliminary [s 21] connecting the premises to the pipeline or system; or (ii) if the premises are already connected to a distribution pipeline or system—opening a physical connection to the pipeline or system to allow reticulated processed natural gas to be transported to the premises by way of the pipeline or system; and (b) leaving the connection open to allow processed natural gas to be transported to the premises by way of the pipeline or system. (2) The provision of customer connection services does not include the transportation of processed natural gas. Subdivision 6 Distribution authorities and distributors

21 What are a distribution authority and distribution area A distribution authority authorises its holder to— (a) transport processed natural gas through a distribution pipeline or system within a stated area (distribution area); and (b) provide customer connection services to premises in the area.

22 Distributors and references to distributors (1) The distributor for— (a) a distribution authority—is its holder; or (b) a customer—is the person who holds a distribution authority and provides customer connection services to the customer; or Current as at 1 July 2015 Page 19 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 1 Preliminary [s 22] (c) premises—is the person who holds a distribution authority and provides customer connection services to a customer at the premises; or (d) gas infrastructure is— (i) if the infrastructure is the subject of a distribution authority—the person who holds the authority; or (ii) if the infrastructure is an LPG pipeline or LPG distribution system—the LPG distributor who owns or operates the pipeline or system; or (e) a distribution officer—is the distributor or LPG distributor that appointed the officer. Note— For when a distribution authority is required, see section 286. See also section 72. (2) Otherwise, a reference to a distributor is a reference to a person who holds a distribution authority. Page 20 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 2 Processed natural gas distribution [s 27] Chapter 2 Processed natural gas distribution Part 1 Distribution authorities Division 1 Applying for and obtaining distribution authority Subdivision 1 Application

27 Who may apply for distribution authority (1) A person may, in the approved form, apply to the regulator for a distribution authority. (2) However, a retailer can not apply for a distribution authority to provide customer connection services relating to processed natural gas to be transported through a pipeline if the retailer sells processed natural gas transported through a covered pipeline. Note— See also sections 41 and 57.

28 Requirements for application The application must— (a) describe the distribution area for the distribution authority; and (b) be accompanied by the fee prescribed by regulation.

29 Public notice by regulator and submissions (1) This section does not apply if the applicant holds a corresponding authority for the distribution authority. Current as at 1 July 2015 Page 21 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 2 Processed natural gas distribution [s 31] (2) Before deciding the application, the regulator must— (a) publish in a Statewide newspaper a notice stating each of the following— (i) that an application for a distribution authority has been made; (ii) the applicant’s name; (iii) a period of at least 20 business days during which anyone may make written submissions to the regulator about the application; (iv) where the application, other than any part of the application that is RTI excluded information, may be inspected; and (b) consider written submissions about the application made to the regulator within the stated period.

31 Deciding application (1) The regulator must decide whether to grant or refuse the application. (2) If the regulator decides to grant the application, the regulator may impose conditions on the distribution authority the regulator considers appropriate. Note— See also division 2.

32 Criteria for deciding application (1) The regulator may decide to grant the application only if satisfied the applicant is a suitable person to hold the distribution authority. (2) For subsection (1), the regulator may consider any of the following (the suitability criteria), to the extent they are relevant to the applicant’s competence to hold the distribution authority— Page 22 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 2 Processed natural gas distribution [s 34] (a) ability to provide an adequate level of customer connection services; (b) financial capacity; (c) commercial and other dealings and the standard of honesty and integrity shown in the dealings; (d) failure to perform contractual or statutory obligations and the reasons for the failure; (e) criminal history; (f) technical expertise; (g) knowledge of, or experience in, the gas or energy industries; (h) if the applicant is a corporation—the matters mentioned in paragraphs (a) to (g) for persons who are executive officers of, or substantial shareholders in, the corporation. (3) However, the regulator may, without regard to any of the suitability criteria, decide the applicant is a suitable person to hold the distribution authority if the applicant holds a corresponding authority. (4) In deciding the application, the regulator must consider any relevant government policies about energy issues.

34 Term of authority (1) This section applies if the regulator decides to grant the application. (2) The regulator may decide to grant the authority for a stated term. (3) If no term is decided for a distribution authority, it continues in force unless cancelled or surrendered under this part. Current as at 1 July 2015 Page 23 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 2 Processed natural gas distribution [s 35] Subdivision 2 Steps after deciding application

35 Notice of decision to grant application (1) If the regulator decides to grant the application, the regulator must, as soon as practicable, give the applicant notice (decision notice) stating each of the following— (a) the decision; (b) the conditions the regulator has decided to impose on the authority; (c) any other matter relevant to the grant of the authority; (d) a period after the giving of the decision notice for the applicant to give the regulator notice (acceptance notice) that the applicant agrees to the conditions, or the conditions with changes to which the regulator has agreed; (e) the application will be taken to have lapsed unless the applicant gives acceptance notice within the period or later period as extended by the regulator. (2) The stated period must end at least 20 business days after the applicant is given the decision notice. (3) The regulator may, by notice to the applicant given before the stated period ends, extend the period for giving an acceptance notice.

36 Lapsing of application if conditions not accepted The regulator is taken to have decided to refuse the application if— (a) the regulator has given the applicant a decision notice; and (b) the applicant has not given the regulator an acceptance notice within the period stated in the notice, or if the regulator has extended the period for giving an acceptance notice, the extended period. Page 24 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 2 Processed natural gas distribution [s 37]

37 Issue and public notice of authority (1) This section applies if the applicant gives the regulator an acceptance notice within the period stated in the notice, or if the regulator has extended the period for giving an acceptance notice, the extended period. (2) The regulator must, as soon as practicable— (a) issue the applicant the distribution authority; and (b) publish a notice about the authority in a Statewide newspaper. (3) The notice must state— (a) that the applicant has been issued a distribution authority; and (b) the authority’s distribution area; and (c) the conditions of the authority, or where they may be inspected.

38 Information notice about refusal If the regulator decides to refuse the application, the regulator must, as soon as practicable, give the applicant an information notice about the decision. Division 2 Distribution authority conditions

39 Operation of div 2 (1) This division imposes conditions on each distribution authority that apply as well as any conditions stated in the authority. (2) If an imposed condition conflicts with a condition stated in the authority, the imposed condition prevails to the extent of the inconsistency. (3) As well as imposing a condition, section 43 also imposes a penalty. Current as at 1 July 2015 Page 25 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 2 Processed natural gas distribution [s 40]

40 General conditions A distributor must— (a) take appropriate account of the environmental effects of activities carried out under the distributor’s distribution authority; and (b) pay amounts required to be paid under the authority or this Act; and (c) in carrying out activities under the authority, comply with this Act, the Petroleum and Gas (Production and Safety) Act and all other relevant laws; and (d) in carrying out gas infrastructure work, comply with part 2.

41 Ring fencing requirement A distributor must not sell processed natural gas transported through a pipeline if the distributor provides customer connection services relating to processed natural gas transported through a covered pipeline. Note— See also sections 27 and 57.

42 Obligation to operate and maintain distribution pipes (1) This section imposes obligations on a distributor for each distribution pipeline the subject of the distributor’s distribution authority. (2) If, under this Act or another Act, someone else is entitled to have the distributor transport processed natural gas through the pipeline, the distributor must operate, maintain and protect the pipeline to ensure the transportation is adequate, reliable and safe. (3) Otherwise, the distributor must ensure the pipeline is operated and maintained and protected so that it is able to be used for the adequate, reliable and safe connection, transport and sale of processed natural gas. Page 26 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 2 Processed natural gas distribution [s 43] (4) In this section— maintain includes repair and replace as necessary.

43 Restriction for distributors A distributor must not provide customer connection services to a customer outside the distribution area of the distributor’s distribution authority unless the services are provided under another distribution authority. Maximum penalty—500 penalty units.

46 Standard for distribution pipes A distributor must ensure each distribution pipe, or each distribution pipeline in a distribution system, the subject of the distributor’s distribution authority is built in a way that complies with the Petroleum and Gas (Production and Safety) Act and any other relevant Act.

47 Inquiry practices and procedures (1) A distributor must establish and maintain appropriate practices and procedures to allow inquiries by customers and the public to be addressed or appropriately responded to within 5 business days. (2) For subsection (1) an appropriate response means giving the inquirer notice or telling the inquirer— (a) the work that needs to be done to address the inquiry; and (b) the period needed to address it.

48 Contingency practices and procedures (1) A distributor must establish and maintain appropriate practices and procedures to manage the prompt and efficient handling of all of the following reported to the distributor by anyone— Current as at 1 July 2015 Page 27 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 2 Processed natural gas distribution [s 49] (a) emergency incidents; (b) gas leakages; (c) processed natural gas outages; (d) faults and difficulties in the distributor’s gas infrastructure; (e) unplanned interruptions to processed natural gas transport; (f) other situations relevant to the distributor that relate to safety. (2) A distributor must have a telephone number at which customers can report to the distributor matters mentioned in subsection (1)— (a) at any time; and (b) for the cost of a local telephone call. (3) Each account of the distributor must include the number. (4) The number may be the number of a relevant retailer from which the call is transferred to the distributor. (5) An automated answering telephone service complies with subsection (2) only if it provides for the transfer of calls to a human being. (6) Subsections (3) and (4) do not apply to a distributor within the meaning of the NERL (Qld).

49 Compliance with contingency supply plan requirements A distributor must comply with chapter 4, part 2.

50 Participation in retailer of last resort scheme A distributor must comply with the retailer of last resort scheme to the extent it applies to the distributor. Page 28 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 2 Processed natural gas distribution [s 50A]

50A Compliance with distribution network codes A distributor must comply with any distribution network code that applies to the distributor.

50B Membership of energy ombudsman scheme A distributor must pay any amount that, under the Energy and Water Ombudsman Act 2006, it must pay the energy and water ombudsman.

51 Conditions imposed under a regulation (1) A distributor must comply with— (a) any conditions prescribed under a regulation for, or relating to, the provision of customer connection services; or (b) any code, intergovernmental agreement, protocol or other agreement prescribed under a regulation. (2) A code or agreement may be prescribed only if it relates to the provision of customer connection services. Division 3 Amendment, cancellation and suspension of distribution authority Subdivision 1 Amendment by regulator

52 Amendments for which proposed action notice is not required The regulator may amend a distribution authority at any time by giving the distributor notice of the amendment and recording particulars of the amendment in the register of authorities if the amendment— (a) is to correct a clerical or formal error; or Current as at 1 July 2015 Page 29 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 2 Processed natural gas distribution [s 53] (b) does not affect the interests of the distributor or anyone else and the distributor has, in writing, agreed to the amendment.

53 Amendments for which proposed action notice is required The regulator may amend a distribution authority if— (a) the regulator considers the amendment necessary or desirable; and (b) the procedure under subdivision 5 is followed.

54 Imposed condition can not be amended The regulator can not amend a condition of a distribution authority imposed under division 2. Subdivision 2 Amendment by application

55 Applying for amendment (1) A distributor may, in the approved form, apply to the regulator to amend its authority in a stated way, other than to amend a condition imposed under division 2. (2) The application must be accompanied by the fee prescribed under a regulation. (3) Subsection (1) does not limit section 69(3).

56 Deciding application (1) The regulator must decide to make or refuse to make the amendment. (2) If the decision is to make the amendment, the regulator must, as soon as practicable, make the amendment to the distribution authority and give the applicant notice of the decision. Page 30 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 2 Processed natural gas distribution [s 57] (3) If the decision is to refuse to make the amendment, the regulator must, as soon as practicable, give the applicant an information notice about the decision. Subdivision 3 Amendment, cancellation or suspension by regulator

57 Conditions for amendment, cancellation or suspension (1) The regulator may amend, cancel or suspend a distribution authority if— (a) an event mentioned in subsection (2) has happened; and (b) either— (i) for immediate suspension—the procedure under section 58 is followed; or (ii) for cancellation or suspension other than immediate suspension—the procedure under subdivision 5 is followed. (2) For subsection (1), the event is that the distributor— (a) obtained the authority because of a materially false or misleading declaration or representation, made orally or in writing; or (b) is, or is likely to become, unsuitable to hold, or continue to hold, the authority, including, for example because of a contravention of any of the following by the distributor or, if the distributor is a corporation, any executive officer of, or substantial shareholder in, the corporation— (i) this Act; (ii) the Petroleum and Gas (Production and Safety) Act or another relevant Act; (iii) a direction given under this Act, the Petroleum and Gas (Production and Safety) Act or another relevant Act; Current as at 1 July 2015 Page 31 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 2 Processed natural gas distribution [s 58] (iv) the authority; (v) a distribution network code, in a material way; Note— For criteria for deciding a material contravention, see section 270Q. (vi) the gas retail market procedures if AEMO decides under the National Gas (Queensland) Law, section 91MB, the contravention is a material breach of the procedures; or (c) has contravened, or is contravening, section 41; or (d) has used the authority for a purpose other than for a purpose for which it was issued. (3) In deciding whether the distributor is a suitable person to hold, or continue to hold, the authority the regulator must have regard to the suitability criteria. Subdivision 4 Procedure for immediate suspension

58 Immediate suspension (1) The regulator may, by notice (suspension notice) to the distributor, immediately suspend a distribution authority if the regulator reasonably believes— (a) a ground exists to suspend or cancel the authority; and (b) the circumstances are so extraordinary that it is imperative to immediately suspend the authority to control or prevent— (i) a significant adverse economic or social impact on the State or a part of the State; or (ii) a danger to the public. (2) The suspension notice must— (a) state each of the following— Page 32 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 2 Processed natural gas distribution [s 59] (i) that the authority is suspended immediately; (ii) the grounds for the suspension; (iii) the facts and circumstances forming the basis for the grounds; (iv) the suspension period; (v) that the distributor may make written submissions to the regulator to show why the suspension should end; and (b) include, or be accompanied by, an information notice about the decisions to give the notice and to fix the suspension period. (3) The suspension period must not be more than 40 business days. (4) The suspension has effect immediately after the distributor is given the suspension notice. (5) The authority is ineffective during the suspension period. Subdivision 5 Procedure for amendment, cancellation or suspension other than immediate suspension

59 Application of sdiv 5 This subdivision applies if— (a) under section 53, the regulator proposes to amend a distribution authority; or (b) the regulator proposes to cancel or suspend a distribution authority, other than an immediate suspension under section 58. Current as at 1 July 2015 Page 33 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 2 Processed natural gas distribution [s 60]

60 Notice of proposed action (1) The regulator must give the distributor a notice stating each of the following— (a) the action (the proposed action) the regulator proposes to take under this division; (b) the grounds for the proposed action; (c) the facts and circumstances that are the basis for the grounds; (d) if the proposed action is to amend—the proposed amendment; (e) if the proposed action is to suspend—the proposed suspension period; (f) that the distributor may make, within a stated period, written submissions to show why the proposed action should not be taken. (2) The stated period must end at least 20 business days after the notice is given.

61 Considering submissions (1) The regulator must consider any written submission made under section 60 by the distributor within the period stated in the notice. (2) If the regulator at any time decides not to take the proposed action, the regulator must, as soon as practicable, give the distributor notice of the decision.

62 Decision on proposed action If, after complying with section 61, the regulator still believes a ground exists to take the proposed action, the regulator may decide to— (a) if the proposed action was to amend—make the amendment; or Page 34 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 2 Processed natural gas distribution [s 63] (b) if the proposed action was to suspend for a stated period—suspend for no longer than the proposed suspension period; or (c) if the proposed action was to cancel— (i) cancel the distribution authority; or (ii) suspend it for a stated period.

63 Notice and taking of effect of proposed action decision (1) The regulator must, as soon as practicable after making a decision under section 62, give the distributor an information notice about the decision. (2) The decision takes effect on the later of the following— (a) the day the information notice is given; (b) a later day of effect stated in the notice. (3) However, if the decision was to amend, cancel or suspend because of a conviction, the amendment, cancellation or suspension— (a) does not take effect until— (i) the period to appeal against the conviction ends; and (ii) if an appeal is made against the conviction—the appeal is finally decided or is otherwise ended; and (b) has no effect if the conviction is quashed on appeal. Current as at 1 July 2015 Page 35 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 2 Processed natural gas distribution [s 64] Division 4 Dealings with distribution authority Subdivision 1 Renewals

64 Applying for renewal (1) This section applies to a distribution authority that is issued for a term. (2) The distributor may apply to the regulator to renew the authority for a stated term or to renew it without a term. (3) An application under this section— (a) must be made in the approved form and accompanied by the fee prescribed under a regulation; and (b) can not be made if the authority has ended.

65 Deciding renewal application (1) The regulator must decide whether to grant or refuse the application. (2) Division 1 (other than section 27) applies to the application as if it were an application for the authority.

66 Continuing effect of authority for renewal application If the term of the distribution authority ends before the application is decided, despite the ending of the term, the authority continues in force until— (a) the start of any renewal of the authority; or (b) the applicant is given an information notice about a decision to refuse the application; or (c) the application is withdrawn; or (d) the authority is cancelled under this Act. Page 36 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 2 Processed natural gas distribution [s 67] Subdivision 2 Transfers

67 Transfer only by application (1) A distribution authority may be transferred only under this subdivision. (2) A purported transfer of a distribution authority not made under this subdivision is of no effect. Note— See also section 301.

68 Applying for transfer (1) A distributor may apply to the regulator to transfer the distributor’s authority. (2) The application must be— (a) in the approved form; and (b) made by the distributor and the proposed transferee; and (c) accompanied by the fee prescribed under a regulation.

69 Deciding transfer application (1) The regulator may decide to grant the application only if the regulator is satisfied the proposed transferee is a suitable person to hold the authority. (2) For subsection (1), the regulator may consider any suitability criteria to the extent it is relevant to the proposed transferee’s competence to hold the distribution authority. (3) The regulator may, in granting the application, impose conditions on the authority. (4) If the regulator decides to refuse the application or impose a condition on the authority, the regulator must, as soon as practicable, give the applicants an information notice about the decision. Current as at 1 July 2015 Page 37 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 2 Processed natural gas distribution [s 70] (5) Subsection (4) does not apply for a condition that is the same, or is to the same effect, as a condition agreed to or requested by the applicants. Subdivision 3 Mortgages

70 Mortgage of distribution authority A distributor may mortgage the distributor’s distribution authority without the approval of, or notice to, the regulator.

71 Notice of intention to exercise powers under mortgage (1) This section applies if a mortgage has been granted over a distribution authority and the distributor has defaulted under the mortgage. (2) The mortgagee may exercise its powers under the mortgage only if the mortgagee has given the regulator at least 20 business days notice of the mortgagee’s intention to exercise powers under the mortgage that relate to the authority. (3) Any purported exercise of a power under the mortgage relating to the authority in contravention of subsection (2) is of no effect.

72 Consequence of exercising powers under mortgage If a mortgagee under a mortgage over a distribution authority exercises any power under the mortgage relating to the authority, this Act applies to the mortgagee as if the mortgagee were the distributor under the authority. Page 38 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 2 Processed natural gas distribution [s 73] Subdivision 4 Surrenders

73 Surrenders (1) A distributor may surrender its authority only if the regulator has, on the distributor’s application, approved the surrender. (2) The application must be in the approved form and accompanied by the fee prescribed under a regulation. (3) The regulator— (a) may impose conditions on giving the approval; and (b) must fix a time, no later than 6 months after deciding the application, for the surrender to take effect. (4) If the regulator decides to refuse the application or impose a condition on the surrender, the regulator must, as soon as practicable, give the applicant an information notice about the decision. (5) Subsection (4) does not apply for a condition that is the same, or is to the same effect, as a condition agreed to or requested by the applicant. Part 2 Gas infrastructure Division 1 Preliminary

75 What is gas infrastructure and gas infrastructure work (1) Gas infrastructure is the whole or any part of— (a) a distribution pipeline or system the subject of a distribution authority; or (b) an LPG distribution pipeline; or (c) an LPG distribution system. Current as at 1 July 2015 Page 39 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 2 Processed natural gas distribution [s 75A] (2) Gas infrastructure work is the installation, operation, maintenance, repair, alteration or removal of gas infrastructure. (3) For subsection (2), installation includes installation by way of excavation.

75A References to distributor in pt 2 includes a reference to LPG distributor In this part, a reference to a distributor includes a reference to an LPG distributor.

76 What is a public entity A public entity is— (a) a government entity under the Government Owned Corporations Act 1993, section 4; or (b) a local government.

77 Publicly controlled places and their public entities (1) A publicly controlled place is— (a) a State-controlled road under the Transport Infrastructure Act 1994; or (b) a place for which a public entity is responsible that— (i) the public is entitled to use; or (ii) is open to members of the public; or (iii) is used by the public, whether or not on payment of money. (2) However, publicly controlled place does not include any of the following under the Transport Infrastructure Act 1994— (a) busway land; (b) light rail land; (c) a railway; Page 40 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 2 Processed natural gas distribution [s 78] (d) rail corridor land. Note— For provisions relevant to gas infrastructure works for places mentioned in subsection (2), see the Transport Infrastructure Act 1994, chapter 6, chapter 9, part 4, divisions 4 and 5 and chapter 10, part 4, divisions 3 and 4. (3) The public entity for a publicly controlled place is the public entity immediately and primarily responsible for the place. Division 2 Carrying out gas infrastructure work on publicly controlled places Subdivision 1 When work may be carried out

78 Right to carry out work on publicly controlled place Subject to sections 79 and 88 and subdivision 2, a distributor may carry out gas infrastructure work on a publicly controlled place.

79 Requirements for carrying out work (1) A distributor may carry out gas infrastructure work on a publicly controlled place only if— (a) the public entity has given its written approval for the carrying out of the work; or (b) the carrying out of the work is necessary because of an emergency. (2) If the work is carried out because of an emergency, the distributor must, as soon as practicable, give the entity notice of the work. Current as at 1 July 2015 Page 41 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 2 Processed natural gas distribution [s 80]

80 Obtaining public entity’s approval (1) The distributor may, in writing, apply to the public entity for approval to carry out the gas infrastructure work. (2) The application must— (a) describe the work and how it is proposed to be carried out; and (b) give particulars of where it is to be carried out; and (c) be supported by other relevant information, reasonably required by the entity, to enable it to consider the application. (3) The entity must, within 30 business days after receiving the information mentioned in subsection (2)(c), decide to grant or refuse the approval. (4) The entity must not unreasonably refuse to grant the approval.

81 Conditions of approval (1) The public entity may impose conditions on the approval it considers are reasonable. Example of a possible condition— a condition that, to minimise interference with public access to the place, the work may be carried out only on stated days or at stated times (2) However, a condition about an alignment for gas infrastructure on, or proposed to be built on, a road must ensure the alignment is— (a) situated to ensure reasonable protection for the infrastructure; and (b) if practicable, on the footpath or verge of the road. Page 42 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 2 Processed natural gas distribution [s 82] Subdivision 2 Obligations in carrying out work

82 Application of sdiv 2 This subdivision applies if a distributor is carrying out gas infrastructure work on a publicly controlled place.

83 Guarding (1) This section applies if the distributor has opened or broken up (the interference) the place, or any part of the place. (2) The distributor must, at all times while the interference continues, ensure— (a) the interference is barricaded and guarded; and (b) signs and lights sufficient to warn and guide the public are set up and maintained against or near the interference. (3) If required by the public entity, the distributor must also set up and maintain against or near the interference additional warning or protection devices to safeguard the public while the interference continues. (4) The requirement may be made— (a) before or during the carrying out of the work; and (b) as well as any condition imposed under section 81.

84 Warning signs on roads If the work is carried out on a road, lights and signs set up or maintained to safeguard the public must be the appropriate official signs under the Transport Operations (Road Use Management) Act 1995.

85 General obligations in carrying out work (1) The distributor must— Current as at 1 July 2015 Page 43 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 2 Processed natural gas distribution [s 86] (a) complete the work as soon as practicable; and (b) restore, as nearly as practicable, the relevant part of the place to the condition it was in before the work started; and (c) remove any rubbish or surplus earth caused by the work; and (d) comply with— (i) conditions the public entity has imposed on any approval it has given to carry out the work; and (ii) any relevant provisions of the Petroleum and Gas (Production and Safety) Act and any other relevant law. (2) If, in carrying out the work, the distributor causes damage to the place, the distributor must fix the damage as soon as practicable.

86 Maintenance (1) This section applies if the distributor has opened or broken up the place or any part of it and has, under section 85, restored the place or part. (2) The distributor must carry out maintenance to ensure the place or part is kept in good repair until the later of the following periods to end— (a) the period that ends 3 months after the restoration was finished; (b) if, because of the carrying out of the work or the restoration, the ground at the place or part subsides within the 3 months, the period that ends on the earlier of the following— (i) the day the subsidence ends; (ii) the first anniversary of the day the restoration was finished. Page 44 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 2 Processed natural gas distribution [s 87] (3) The maintenance must be carried out in the way agreed between the public entity and the distributor. Subdivision 3 Work directions

87 Power to give work direction (1) This section applies if— (a) a distributor is carrying out, or has carried out, gas infrastructure work on a publicly controlled place; and (b) the public entity reasonably considers work should be, or should have been, carried out to ensure compliance with a condition imposed under section 81 or an obligation under subdivision 2. (2) The entity may give the distributor a notice (a work direction) directing the distributor to carry out stated work to comply with the condition or obligation within a stated reasonable period. (3) The work direction must— (a) identify the condition or obligation; and (b) include, or be accompanied by, an information notice about the decision to give the direction.

88 Compliance with work direction (1) A distributor to whom a work direction has been given must comply with the direction to the reasonable satisfaction of the public entity that gave the direction. (2) If the distributor does not comply with subsection (1), the entity may carry out the relevant work. (3) In carrying out the work, the entity must comply with any relevant provisions of the Petroleum and Gas (Production and Safety) Act and any other relevant law. Current as at 1 July 2015 Page 45 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 2 Processed natural gas distribution [s 89]

89 Costs of carrying out directed work (1) A distributor to whom a work direction has been given must bear the costs of complying with the direction. (2) If, under section 88(2), the public entity has carried out the relevant work, it may recover from the distributor as a debt the amount of its reasonable costs of carrying out the work. Division 3 Public entity work

90 Application of div 3 This division applies if a public entity for a publicly controlled place proposes to do work (public entity work) that is likely to affect the safety, location or operation of gas infrastructure.

91 Requirement to consult if gas infrastructure affected (1) The public entity must give the distributor for the gas infrastructure a notice stating— (a) details of the proposed public entity work; and (b) that the distributor may, within a stated period, make written submissions to the entity about the proposal. (2) The stated period must not end before 30 business days after the notice is given. (3) Before deciding to make the change, the entity must consider any written submission made by the distributor within the stated period.

92 Power to require consequential work (1) This section applies if— (a) the public entity has complied with section 91; and Page 46 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 2 Processed natural gas distribution [s 93] (b) to carry out the public entity work, it is reasonably necessary for any of the following work to be done (consequential work)— (i) changing the position of the gas infrastructure; (ii) carrying out other work in relation to the gas infrastructure. (2) The entity may, by notice (a consequential work requirement), require the distributor to do the consequential work within a stated reasonable period.

93 Compliance with consequential work requirement (1) A distributor of whom a consequential work requirement has been made must comply with the requirement to the reasonable satisfaction of the public entity that made the requirement. (2) If the distributor does not comply with subsection (1), the entity may carry out the relevant consequential work. (3) In carrying out the work, the entity must comply with any relevant provisions of the Petroleum and Gas (Production and Safety) Act and any relevant law.

94 Costs of carrying out required consequential work (1) A public entity must bear the costs of complying with any consequential work requirement it makes. (2) If the relevant distributor has complied with section 93(1), the distributor may recover from the entity as a debt the amount of the distributor’s reasonable costs of carrying out the work. Current as at 1 July 2015 Page 47 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 2 Processed natural gas distribution [s 95] Division 4 Gas infrastructure interfering with publicly controlled place

95 Application of div 4 This division applies if gas infrastructure on a publicly controlled place interferes with the use of the place by the public entity or the public.

96 Remedial action by public entity in emergency If, because of an emergency, it is necessary to take action (remedial action) to ensure the gas infrastructure ceases to interfere with the use of the place, the public entity may take the remedial action.

97 Power to require remedial action The public entity may, by notice (a remedial action requirement), require the distributor for the gas infrastructure to take remedial action within a stated reasonable period.

98 Compliance with remedial action requirement (1) A distributor of whom a remedial action requirement has been made must comply with the requirement to the reasonable satisfaction of the public entity that made the requirement. (2) If the distributor does not comply with subsection (1), the entity may take the relevant remedial action. (3) In taking the remedial action, the entity must comply with any relevant provisions of the Petroleum and Gas (Production and Safety) Act and any other relevant law.

99 Costs of taking required remedial action (1) A public entity must bear the costs of complying with any remedial action requirement it makes. Page 48 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 2 Processed natural gas distribution [s 100] (2) If the relevant distributor has complied with section 98(1), the distributor may recover from the entity as a debt the amount of the distributor’s reasonable costs of taking the action. Division 5 Miscellaneous provisions

100 Ownership of gas infrastructure that becomes part of land (1) Gas infrastructure owned by a distributor remains the distributor’s personal property despite— (a) it becoming part of any land; or (b) the sale or other disposal of the land. (2) However, subsection (1) ceases to apply if the distributor agrees that the gas infrastructure is no longer the distributor’s property. (3) This section applies despite— (a) an Act or law of a State; or (b) a contract, covenant or claim of right under a law of a State. (4) This section ceases to apply if— (a) the distribution authority is cancelled or otherwise ends; or (b) the land on which the infrastructure is situated ceases to be land subject to, or in the distribution area of, the authority. (5) For subsection (4), if the term of the authority ends but, under section 66, it is continued in force, the authority only ends if, under that section, it stops being in force. Current as at 1 July 2015 Page 49 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 2 Processed natural gas distribution [s 101]

101 Compensation (1) This section applies if a person (the claimant) suffers a cost, damage or loss because of the exercise, or purported exercise, of a power under this part by a distributor. (2) Compensation for the cost, damage or loss is payable by the distributor to the claimant. (3) The compensation may be claimed and ordered in a proceeding brought in a court of competent jurisdiction. Part 3 Customer connection services Division 1 Preliminary

102 Application of pt 3 This part applies to a distributor in relation to the distributor’s gas infrastructure that is not a distribution system under the NERL (Qld). Division 2 Applying for and obtaining customer connection services Subdivision 1 Applying for customer connection services

103 Who may apply for customer connection services (1) Each person as follows may apply to a distributor for the provision of customer connection services to premises within the distributor’s distribution area— (a) a person who owns or occupies the premises; Page 50 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 2 Processed natural gas distribution [s 104] (b) a retailer, for a customer or proposed customer of the retailer. (2) The application must be made in the way and give the information reasonably required by the distributor.

104 Deciding application (1) The distributor must decide to grant or refuse the application within— (a) 10 business days after the application is made; or (b) a longer period agreed between the distributor and the applicant. (2) The distributor must decide to grant the application unless a limit under section 109 on the obligation to provide customer connection services applies.

104A Information notice for refusal of services If the distributor decides not provide to the premises the customer connection services applied for, the distributor must, as soon as practicable after, but within 1 month of, receiving the application give the customer an information notice about the decision. Subdivision 2 Steps after granting application

105 Distributor’s obligation to propose terms (1) If the distributor decides to grant the application, the distributor must, within the relevant period, tell or give the applicant notice of, each of the following— (a) that the application has been granted; (b) the terms on which the distributor will provide the customer connection services; (c) that the applicant may ask for the terms in writing. Current as at 1 July 2015 Page 51 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 2 Processed natural gas distribution [s 106] (2) If the applicant asks, the distributor must, as soon as practicable, give the applicant notice of the terms. (3) If the distributor does not comply with subsection (1) within the relevant period the distributor is taken to have decided to refuse the application. (4) In this section— relevant period means— (a) 10 business days after the application is decided; or (b) a longer period agreed between the distributor and the applicant within the 10 business days.

106 Connection contract (1) If the distributor and the applicant agree about the terms for providing the customer connection services, the agreement is called a connection contract. Note— See also section 125. (2) The agreement may be oral or written. (3) The making of a connection contract is subject to subdivision 3.

108 Commencement of customer connection services (1) If the distributor and the applicant enter into a connection contract, the distributor must, subject to section 109, start to provide the customer connection services at the time provided under this section. (2) Generally, the distributor must use reasonable endeavours to comply with the obligation within the required period after entering into the contract. (3) However, if, within the required period after entering into the contract, the distributor requires any of the following the obligation ceases— Page 52 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 2 Processed natural gas distribution [s 109] (a) the giving of security for the services in an amount and a way that is fair and reasonable; (b) the giving of a reasonable advance payment for the services; (c) the payment of charges for establishing a connection to the applicant’s premises, if the charges are reasonable having regard to the expected revenue from the transportation of gas as a result of the connection. (4) If the requirement is met, the distributor must use reasonable endeavours to connect the premises within the required period after meeting the requirement. (5) In this section— required period, after entering into the contract or meeting the requirement, means— (a) if starting to provide the services only involves opening a physical connection to the distributor’s pipeline or system— (i) 10 business days; or (ii) any longer period agreed to by the applicant within the 10 business days; (b) if starting to provide the services involves more than opening a physical connection to the distributor’s pipeline or system— (i) a reasonable period; or (ii) any longer period agreed to by the applicant.

109 Limits on provision of customer connection services (1) The distributor is not obliged to provide the customer connection services to a person’s premises in any of the following circumstances— (a) providing the services— Current as at 1 July 2015 Page 53 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 2 Processed natural gas distribution [s 109] (i) contravenes a provision of the Petroleum and Gas (Production and Safety) Act or another relevant Act about safety; or (ii) contravenes a provision of the Petroleum and Gas (Production and Safety) Act or another relevant Act about gas measurement or quality; or (iii) would unreasonably interfere with the connection, transport or sale of processed natural gas to other customers; or (iv) is denied or limited under an insufficiency of supply direction; (b) the distributor has asked the person to do any of the following and the person has not complied with the request within a reasonable period— (i) perform work, or changes to the person’s processed natural gas installation, necessary to allow connection of the distributor’s meter to measure consumption of processed natural gas; (ii) provide or maintain access, equipment, facilities, space or anything else reasonably needed for the provision of the services; (c) the distributor is entitled, under its connection contract or under a regulation, to disconnect customer connection services to the premises; (d) a circumstance beyond the distributor’s control prevents the distributor from providing the customer connection services. (2) The obligation ceases during any period in which the provision of the services is disconnected under a connection contract or under a dangerous situation direction under the Petroleum and Gas (Production and Safety) Act. (3) Also, the obligation does not apply if a regulation states the obligation does not apply. (4) The obligation is subject to— Page 54 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 2 Processed natural gas distribution [s 109A] (a) any relevant insufficiency of supply declaration or insufficiency of supply direction; and (b) the retailer of last resort scheme; and (c) the conditions of the distributor’s relevant distribution authority; and (d) any relevant provision of a distribution network code about cooling-off periods for the provision of customer connection services. (5) This section does not prevent the distributor from lawfully providing the customer connection services even though it is not obliged to do so. Subdivision 3 Requirements for connection contracts

109A General limits on what may be negotiated (1) A connection contract must not be inconsistent with this Act or any relevant distribution network code. (2) If— (a) customer connection services relate to processed natural gas transported through a covered pipeline; and (b) there is an approved access arrangement for the pipeline; a connection contract for the services must not be inconsistent with the access arrangement. (3) A connection contract is unenforceable to the extent it does not comply with this section.

109B Provisions for small customers (1) This section applies to a connection contract for the provision of customer connection services to a small customer’s premises. Current as at 1 July 2015 Page 55 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 2 Processed natural gas distribution [s 109C] (2) The contract must comply with all relevant distribution network code provisions about minimum terms for the provision of customer connection services to small customers. (3) The contract is unenforceable to the extent it does not comply with subsection (2). (4) If, under subsection (3), a term of the contract is unenforceable because it conflicts with a minimum term provision mentioned in subsection (2), the minimum term is taken to be a term of the contract.

109C Provisions for large customers (1) This section applies to a connection contract for the provision of customer connection services to a large customer’s premises. (2) The contract must provide for the provision of the services on fair and reasonable terms. (3) The services are taken to be provided on fair and reasonable terms if the contract is consistent with relevant distribution network code provisions about minimum terms for the provision of customer connection services to small customers. (4) In this section— large customer, for premises, means a customer other than a small customer for the premises. Division 3 Changes to processed natural gas installation

110 Application of div 3 This division applies if the distributor provides customer connection services to a person’s premises. Page 56 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 2 Processed natural gas distribution [s 111]

111 Obligation to give information to allow proposed changes The distributor must, if asked by the person, give the person reasonable information about the distributor’s requirements to allow the person to change or replace a processed natural gas installation at the premises.

112 Applying to change connection (1) The person may apply to the distributor to change the connection of a processed natural gas installation at the premises to the distributor’s distribution system. (2) The distributor must, subject to section 109, make the change within a reasonable period and on fair and reasonable terms. Part 4 Meter and control apparatus requirements

125 Operation of pt 4 This part imposes obligations for the provision of customer connection services to small customers.

126 Distributor must provide meter (1) The distributor must, unless the distributor and the customer otherwise agree, provide, install and maintain a meter used or to be used to measure or record reticulated processed natural gas transported to the premises. Maximum penalty—20 penalty units. (2) Subsection (1) is subject to section 131. Current as at 1 July 2015 Page 57 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 2 Processed natural gas distribution [s 127]

127 Matters that may be considered for placement In deciding placement of a meter the distributor may consider— (a) safe access; and (b) aesthetics; and (c) protection against damage from— (i) mechanisms; or (ii) vibration; or (iii) the effects of weather; or (iv) corrosive atmosphere.

128 Placing meter on customer’s premises (1) The customer must, at the customer’s cost— (a) provide on the customer’s premises space, housing, mounting and connecting facilities for each meter; and (b) maintain the facilities in a safe and sound condition. (2) The facilities must be in a position that meets the distributor’s reasonable requirements.

129 Change of meter placement (1) This section applies if, because of building changes or similar works, the position of a meter no longer meets the distributor’s reasonable requirements for its placement. (2) The customer must provide space, housing, mounting and connecting facilities in another position on the customer’s premises that meets the requirements. (3) If the distributor relocates the meter to meet the requirements, the distributor may, by notice, require the customer to pay the distributor the amount of the distributor’s costs reasonably incurred in relocating the meter. Page 58 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 2 Processed natural gas distribution [s 130] (4) If the customer does not comply with the notice, the distributor may recover the amount from the customer as a debt.

130 Customer must provide safe access The customer must not prevent the distributor’s distribution officers from safely exercising a power under section 138.

131 Alternative measurement (1) This section applies if the distributor reasonably believes the customer has contravened section 130 by preventing any distribution officer of the distributor from safely reading or testing a meter connected to the distributor’s distribution pipeline or system. (2) The distributor may, by notice, require the customer to remedy the contravention within a stated period of at least 1 month. (3) If the customer does not comply with the notice, the distributor may install alternative metering or other equipment to measure or record reticulated processed natural gas transported to the premises by remote or other suitable ways. (4) Subsection (3) does not limit another remedy the distributor has against the customer. (5) If the distributor acts under subsection (3), the distributor may, by notice, require the customer to pay the distributor the amount of the distributor’s costs reasonably incurred in taking the action. (6) If the customer does not comply with the notice, the distributor may recover the amount from the customer as a debt. Current as at 1 July 2015 Page 59 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 2 Processed natural gas distribution [s 131A] Part 5 Distribution officers Division 1A Preliminary

131A References to distributor and processed natural gas in pt 5 In this part— (a) a reference to a distributor includes a reference to an LPG distributor; and (b) a reference to a distributor’s distribution pipeline or system includes a reference to an LPG distributor’s LPG pipeline or LPG distribution system; and (c) a reference to processed natural gas transported through a distributor’s distribution pipeline or system includes, for an LPG distributor’s LPG pipeline or LPG distribution system, a reference to LPG transported through the pipeline or system. Division 1 Appointment and functions

132 Appointment (1) A distributor may appoint distribution officers to perform the functions mentioned in section 133. (2) However, the distributor may appoint a person under subsection (1) only if the person is appropriately qualified for the appointment and has the necessary expertise or experience. (3) Subject to subsection (2), an officer of a retailer may be appointed as a distribution officer.

133 Functions A distribution officer’s functions are to— Page 60 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 2 Processed natural gas distribution [s 134] (a) install and maintain the distributor’s gas infrastructure; and (b) read or test meters connected to the distributor’s distribution pipeline or system; and (c) ensure the distributor’s gas infrastructure is safe; and (d) prevent or deal with an emergency involving, or that may involve, processed natural gas transported through the distributor’s distribution pipeline or system.

134 Distribution officers are public officials for particular functions A distribution officer is declared to be a public official for the Police Powers and Responsibilities Act 2000 if the officer is, or is proposing to, perform a function mentioned in section 133(c) or (d). Note— See the Police Powers and Responsibilities Act 2000, chapter 1, part 3, division 2.

135 Issue of identity card (1) A distributor must issue an identity card to each of its distribution officers. (2) The identity card must— (a) contain a recent photo of the person; and (b) contain a copy of the person’s signature; and (c) identify the person as a distribution officer for the distributor; and (d) state an expiry date for the card.

136 Production or display of identity card (1) In exercising a power under division 2 in relation to another person, a distribution officer must— Current as at 1 July 2015 Page 61 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 2 Processed natural gas distribution [s 137] (a) produce his or her identity card for the person’s inspection before exercising the power; or (b) have the identity card displayed so it is clearly visible to the person when exercising the power. (2) However, if it is not practicable to comply with subsection (1), the officer must produce the identity card for the person’s inspection at the first reasonable opportunity.

137 Return of identity card A person who ceases to be a distribution officer must return the person’s identity card to the distributor within 20 business days after ceasing to be a distribution officer, unless the person has a reasonable excuse. Maximum penalty—20 penalty units. Division 2 Powers of entry

138 Power to enter—general (1) A distribution officer may enter a place to— (a) install, maintain or take away the distributor’s gas infrastructure; or (b) read or test a meter connected to the distributor’s distribution pipeline or system. (2) However, the officer can not under subsection (1)— (a) enter a part of the place where a person resides; or (b) enter the place between 5p.m. on any day and 8a.m. on the next day. (3) The power under subsection (1) may be exercised without the consent of, or notice to, the occupier of the place. Page 62 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 2 Processed natural gas distribution [s 139]

139 Power to enter to make gas infrastructure safe (1) A distribution officer may enter a place to make the distributor’s gas infrastructure safe if the occupier of the place has been given at least 48 hours notice of the entry. (2) However, the officer can not under subsection (1)— (a) enter a part of the place where a person resides; or (b) enter the place between 5p.m. on any day and 8a.m. on the next day. (3) The power under subsection (1) may be exercised without the occupier’s consent.

140 Power to enter for emergency (1) A distribution officer may enter a place to prevent or deal with an emergency involving, or that may involve, processed natural gas transported through the distributor’s distribution pipeline. (2) The power under subsection (1) may be exercised without the consent of, or notice to, the occupier of the place. (3) However, if the occupier is present at the place, before entering the place, the officer must do, or make a reasonable attempt to do, the following things— (a) comply with section 136 for the occupier; (b) tell the occupier the purpose of the entry; (c) seek the consent of the occupier to the entry; (d) tell the occupier the officer is permitted under this Act to enter the place without the occupier’s consent. (4) Also, if the occupier is not present at the place, the officer must take reasonable steps to advise the occupier of the officer’s intention to enter the place. (5) Subsections (3) and (4) do not require the officer to take a step that the officer reasonably believes may frustrate or otherwise hinder the prevention or dealing with the emergency. Current as at 1 July 2015 Page 63 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 2 Processed natural gas distribution [s 141]

141 Power to enter common property unaffected (1) The powers under this division are in addition to and do not limit a distribution officer’s power, under the Body Corporate and Community Management Act 1997, section 263, to enter common property. (2) However, if the entry is also authorised under this division, section 145 applies to the entry. Division 3 Safeguards

142 Duty to avoid damage In performing a function or exercising a power under this part, a distribution officer must take all reasonable steps to ensure the officer causes as little inconvenience, and does as little damage, as is practicable.

143 Notice of damage (1) This section applies if a distribution officer damages something when performing a function or exercising a power under this part. (2) However, this section does not apply to damage the officer reasonably considers is trivial or if the officer reasonably believes— (a) there is no-one apparently in possession of the thing; or (b) the thing has been abandoned. (3) The officer must promptly give notice of the damage to the person who appears to the officer to be the owner or person in possession of the thing. (4) However, if for any reason it is not practicable to comply with subsection (3), the officer must— (a) leave the notice at the place where the damage happened; and Page 64 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 2 Processed natural gas distribution [s 144] (b) ensure it is left in a conspicuous position and in a reasonably secure way. (5) The officer may delay complying with subsection (3) or (4) if the officer is exercising a power under section 139 or 140. (6) However, the delay may be only for so long as it is reasonably necessary— (a) for section 139—to make the gas infrastructure safe; or (b) for section 140—to prevent or deal with the emergency.

144 Content of notice of damage (1) A notice of damage under section 143 must state— (a) particulars of the damage; and (b) that the person who suffered the damage may claim compensation under section 145. (2) If the distribution officer believes the damage was caused by a latent defect in the thing or circumstances beyond the officer’s control, the officer may state the belief in the notice.

145 Compensation from distributor to owner or occupier (1) This section applies if an owner or occupier of land (the claimant) suffers a cost, damage or loss because of performance, or purported performance or the exercise, or purported exercise, of a function or power under this part by a distribution officer. (2) Compensation for the cost, damage or loss is payable by the distributor to the claimant. (3) The compensation may be claimed and ordered in a proceeding brought in a court of competent jurisdiction. Current as at 1 July 2015 Page 65 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 3 Supply of reticulated processed natural gas [s 175A] Chapter 3 Supply of reticulated processed natural gas Part 1 Retailers and particular exempt sellers

175A Retailer or particular exempt sellers must enter into community services agreement (1) A retailer must not provide customer retail services unless— (a) the retailer— (i) enters into an agreement with the State to provide, for at least 5 years, the community services agreed between the State and the retailer; and (ii) complies with the agreement; or (b) if no agreement is entered into with the State under paragraph (a)(i), the retailer— (i) provides the community services decided by the Minister; and (ii) complies with any conditions included in the Minister’s decision about the provision of the services. Maximum penalty—1333 penalty units. (2) In making a decision under subsection (1)(b), the Minister must have regard to the retailer’s reasonable administration costs and other risks in providing the community services. (3) In this section— retailer includes each of the following councils if the council is taken under the National Energy Retail Regulations (Queensland), section 14 as an exempt seller holding an individual exemption under the NERL (Qld), part 5, division 6— Page 66 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 3 Supply of reticulated processed natural gas [s 213] (a) the Maranoa Regional Council; (b) the Western Downs Regional Council. Part 3 On-supply

213 On-suppliers and their receivers (1) An on-supplier is a person who— (a) is the owner or occupier of premises or has the right to use premises; and Example— an owner, occupier or a person who has a right to use a caravan park, exhibition centre, hostel, hotel, industrial park, lodging house, marina, market arcade, motel or shopping centre (b) supplies, by reticulation, processed natural gas for use in the premises. (2) An on-supplier also includes a body corporate or body corporate manager under a body corporate Act who supplies, or authorises someone else to supply, by reticulation, processed natural gas to— (a) members of the body corporate; or (b) persons who occupy the premises that make up the body corporate. (3) The premises for which a person is an on-supplier is called the on-supplier’s premises. (4) A receiver is a person who owns, occupies or has the right to use an on-supplier’s premises and to whom the on-supplier supplies processed natural gas, by reticulation. Current as at 1 July 2015 Page 67 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 3 Supply of reticulated processed natural gas [s 222]

222 Individual metering option (1) This section applies if an on-supply agreement for the supply of processed natural gas from an on-supplier to a receiver is in force. (2) The receiver may, at any time— (a) elect, by notice to the on-supplier, to be charged on the basis of the receiver’s consumption of processed natural gas supplied from the on-supplier, as measured by a meter; and (b) install the meter, at the receiver’s expense. (3) However, the election has effect only if the installation— (a) complies with the Petroleum and Gas (Production and Safety) Act and any other relevant Act; and (b) is done in a way— (i) that complies with any reasonable written directions the on-supplier gives the receiver within 5 business days after the giving of the notice; or (ii) if no written directions are given within the 5 business days—that is reasonable. (4) In deciding what is reasonable for subsection (3), regard must be had to the interests of the on-supplier and anyone who is an occupier of the on-supplier’s premises.

223 Compensation for installation damage (1) This section applies if— (a) a receiver has, under section 222, given an on-supplier a notice of election; and (b) the receiver installs a meter for processed natural gas supplied from the on-supplier to the receiver; and (c) either— (i) no written direction was given by the on-supplier under section 222(3)(b); or Page 68 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 3 Supply of reticulated processed natural gas [s 227A] (ii) the installation was done in a way that does not comply with the on-supplier’s reasonable written directions under that section; or (iii) the installation was not done in a way that is reasonable; and (d) a person as follows (the claimant) suffers damage to property because of the installation— (i) the on-supplier; (ii) anyone who is an occupier of the on-supplier’s premises. (2) Compensation for the damage is payable by the receiver to the claimant. (3) The compensation may be claimed and recovered in a proceeding brought in a court of competent jurisdiction. (4) In making the order the court must have regard to— (a) whether it was reasonable for the claimant to give the receiver an opportunity to fix the damage; and (b) if paragraph (a) applies—whether the receiver was given a reasonable period to fix the damage. Part 4 Pricing Division 1 QCA investigation

227A Direction by Minister to investigate effectiveness of retail competition (1) The Minister may, by gazette notice, give QCA a written direction to— Current as at 1 July 2015 Page 69 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 3 Supply of reticulated processed natural gas [s 227B] (a) investigate (the pricing investigation) the effectiveness of retail competition in the Queensland retail gas market; and (b) give the Minister a report on the pricing investigation within a stated period. (2) QCA must comply with the direction. (3) QCA must publish the direction on its website.

227B Period for giving report QCA must give the Minister the report within— (a) the period stated in the direction; or (b) if no period is stated in the direction—6 months after it receives the direction.

227C Terms of reference The direction may do all or any of the following— (a) state the terms of reference of the pricing investigation; (b) require QCA to, during the pricing investigation, make a draft report publicly available or available to a stated entity; (c) require QCA to, in conducting the pricing investigation— (i) consider stated matters; and (ii) have stated objectives; (d) give QCA other directions the Minister considers appropriate.

227D Notice of pricing investigation or amended term of reference or direction QCA must publish a notice of the following on its website and in a Statewide newspaper— Page 70 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 3 Supply of reticulated processed natural gas [s 227E] (a) the pricing investigation; (b) if a term of reference or direction relating to the pricing investigation is amended—the amended term of reference or direction.

227E Conduct of pricing investigation (1) The QCA Act, part 6, other than section 171, (the applied part) applies for the pricing investigation— (a) as if a reference in the applied part to an investigation were a reference to the pricing investigation; and (b) as if the QCA Act, section 176(3), required the notice mentioned in that subsection to be given to any entity that QCA knows would be potentially affected by the review. (2) However, the applied part applies subject to any requirement or direction of the Minister.

227F Required consultation for report Before QCA gives the Minister the report it must prepare a draft of the report and engage in the consultation prescribed under a regulation. Division 2 Notified prices

228 Fixing of prices (1) Subject to section 228A, the Minister may fix any or all of the following— (a) standing offer prices of a retailer for or relating to the sale of processed natural gas to a customer; (b) charges relating to the sale of processed natural gas to a customer; Current as at 1 July 2015 Page 71 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 3 Supply of reticulated processed natural gas [s 228A] (c) a methodology to fix the standing offer prices or charges. Examples of matters for which prices, charges or a methodology may be fixed— • charges for selling processed natural gas • charges or fees for late or dishonoured payments • charges or fees for discontinuing or recommencing the sale of processed natural gas (2) In exercising the power, the Minister must consider the main purposes of this Act and the QCA code objective. (3) The prices, or prices fixed under the methodology, are called notified prices. (4) The notified prices, or methodology to fix the prices— (a) must be notified by gazette notice; and (b) take effect on the later of the following days— (i) the day the notice is gazetted; (ii) if the gazette notice states a later day of effect—the later day. (5) In this section— retailer means a retailer under the NERL (Qld). standing offer prices has the meaning given by the NERL (Qld), section 2. Note— Under section 320, the Minister may delegate the Minister’s powers under this division to QCA.

228A Restrictions on the first exercise of price fixing power (1) This section applies only for the first occasion on which the Minister exercises the power under section 228. (2) The power may be exercised only if— (a) either— Page 72 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 3 Supply of reticulated processed natural gas [s 229] (i) QCA has given the Minister a report about a pricing investigation; or (ii) AEMC has, under the AEMC Act, a report about the effectiveness of retail competition in the Queensland retail gas market; and (b) no more than 6 months has passed since the giving of the report; and (c) the Minister has considered the report. (3) The Minister must— (a) publish on the department’s website reasons for exercising the power; and (b) give each retailer a copy of the reasons. (4) In this section— AEMC means the Australian Energy Market Commission established under section 5 of the AEMC Act. AEMC Act means the Australian Energy Market Commission Establishment Act 2004 (SA). retailer means a retailer under the NERL (Qld).

229 Review of notified prices (1) A retailer to whom notified prices apply may ask the Minister to review the notified prices. (2) The Minister must complete the review within 6 months after the request was made.

230 Public advertisement of notified prices (1) This section applies if there is a change to notified prices that apply to a particular retailer. (2) QCA may publish a notice giving particulars of the changed prices in a newspaper circulating in each locality in which small customers to whom the prices apply reside. Current as at 1 July 2015 Page 73 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 3 Supply of reticulated processed natural gas [s 231] (3) If QCA asks, the retailer must pay QCA’s reasonable costs of the publication.

231 Requirement to comply with notified prices If— (a) there is a notified price for or relating to the sale of processed natural gas; and (b) the notified price applies to a retailer; the retailer must comply with the notified price unless otherwise required under the retailer of last resort scheme. Maximum penalty—500 penalty units.

232 Additional consequences of failure to comply with notified prices (1) This section applies if— (a) a retailer contravenes a notified price for a matter; and (b) the contravention was not caused by a compliance with the retailer of last resort scheme. (2) The retailer has no right to recover from the relevant customer or receiver any amount for the matter that is more than the notified price. (3) The customer may recover from the retailer as a debt any amount paid for the matter that is more than the notified price. (4) The failure to comply with the notified price does not, of itself, affect the customer’s liability to the retailer to pay an amount for the matter that is no more than the notified price. (5) This section applies despite any retail contract.

233 Directions for prices notification (1) The Minister may, by notice, give a retailer a direction to do any of the following if the Minister reasonably believes the direction may help the Minister to fix notified prices— Page 74 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 3 Supply of reticulated processed natural gas [s 234] (a) give the Minister stated information at stated reasonable times or intervals; (b) keep stated records; (c) give the Minister copies of the records at stated times or intervals. Note— See also section 318. Examples of stated information— • how many customers the retailer has in stated consumption ranges • the total processed natural gas supplied to the retailer’s customers • how much processed natural gas the retailer supplied its customers in stated consumption ranges • the cost of processed natural gas at the point, commonly called the ‘city gate’, where a distributor’s distribution system connects with a transmission pipeline • the fees and charges paid to the retailer for the sale of processed natural gas • the retailer’s gas transportation costs • the cost to the retailer of processed natural gas • the retailer’s margin for processed natural gas supplied • the total cost to the retailer’s customers of processed natural gas supplied • the retailer’s total revenue from the sale of processed natural gas • a profile of the number of the retailer’s customers in stated consumption ranges • other information relating to the retailer’s cost and revenue bases for processed natural gas supply (2) The direction must be accompanied by, or include, a QCAT information notice for the decision to give the direction.

234 Requirement to comply with direction for prices notification If a retailer is given a direction under section 233, the retailer must comply with the direction unless the retailer has a reasonable excuse. Current as at 1 July 2015 Page 75 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 4 Sufficiency of supply [s 236] Maximum penalty—500 penalty units. Chapter 4 Sufficiency of supply Part 1 Preliminary

236 Who is an industry participant Each of the following is an industry participant— (a) a distributor; (b) a retailer; (c) the holder of a transmission pipeline licence; (d) a person who— (i) holds— (A) a lease under the Petroleum Act 1923; or (B) a petroleum lease or petroleum facility licence under the Petroleum and Gas (Production and Safety) Act; and (ii) conducts a business in relation to the lease or licence that significantly affects, or may significantly affect, the supply of processed natural gas to the community or part of the community; (e) a person who ships gas to a retail market under an agreement with a person who is an industry participant under paragraph (a), (b), (c) or (d); (f) a customer who, in the last 12 months, consumed more than 100TJ of processed natural gas; (g) a customer who, in the next 12 months, is likely to consume more than 100TJ of processed natural gas. Page 76 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 4 Sufficiency of supply [s 237] Part 2 Contingency supply plans

237 Regulator’s power to require plan (1) The regulator may, by notice, require an industry participant to, within a stated reasonable period, make a plan that complies with section 239 for the contingency supply of processed natural gas (a contingency supply plan). (2) The industry participant must comply with the notice. Maximum penalty—500 penalty units. (3) For subsection (1), the plan is not made until the regulator is given a copy. (4) Before the industry participant makes the plan, the participant must make reasonable endeavours in the circumstances to consult with the regulator and stakeholders in the processed natural gas industry about the proposed plan. (5) However, subsection (4) does not apply if the industry participant has made a plan under another Act and the plan complies or substantially complies with section 239. (6) A failure to comply with subsection (4) does not invalidate or otherwise affect the plan.

238 Regulator’s power to make plan (1) If, in contravention of section 237, an industry participant does not make a contingency supply plan, the regulator may, by notice to the participant, make the plan for the participant. (2) However, before making the plan, the regulator must give the industry participant— (a) a proposed plan; and (b) a reasonable opportunity to make submissions to the regulator about the proposed plan. (3) This section does not prevent the industry participant from making another contingency supply plan or amending the plan Current as at 1 July 2015 Page 77 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 4 Sufficiency of supply [s 239] made by the regulator if the other plan or amended plan complies with the content requirements.

239 Contingency supply plan—content requirements (1) This section imposes requirements (the content requirements) for an industry participant’s contingency supply plan. (2) Despite the content requirements, a matter must not be provided for in the plan to the extent it conflicts with— (a) a safety-related provision made under the Petroleum and Gas (Production and Safety) Act or another Act; or (b) a contingency supply plan made for the State by the regulator. (3) The plan must— (a) identify the contingencies or events that may lead to an interruption or curtailment of processed natural gas supply in relation to the industry participant; and (b) provide for the following if any of the contingencies or events happen— (i) alternative arrangements for processed natural gas supply; (ii) a list stating the priority for supply to customers, or types of customer; (iii) how essential services are to be supplied; and (c) give information on the types of customer each contingency or event is likely to affect; and (d) contact details for the industry participant; and (e) another matter prescribed under a regulation. (4) The alternative arrangements must, as far as reasonably practicable, ensure supply to customers is maximised if any of the contingencies or events happen. Page 78 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 4 Sufficiency of supply [s 240]

240 Requirement to comply with plan If a contingency or event identified in an industry participant’s contingency supply plan happens, the industry participant must comply with the plan, unless the industry participant has a reasonable excuse. Maximum penalty—500 penalty units.

241 Limitation of industry participant’s liability because of compliance with plan (1) This section applies if— (a) a person incurs a cost, damage or loss because of an act done or omission made by an industry participant; and (b) doing the act or making the omission was required by the industry participant’s contingency supply plan. (2) The industry participant is not civilly liable for the cost, damage or loss if— (a) in doing the act or making the omission the industry participant complied with this Act and the conditions of any relevant distribution authority or retailer authorisation; and (b) the doing of the act or the making of the omission was carried out in good faith and without negligence. (3) Subsection (2)— (a) is subject to any agreement between the person and the industry participant; and (b) does not limit section 6(3). (4) In this section— retailer authorisation means a retailer authorisation under the NERL (Qld).

242 When plan must be revised (1) This section applies if— Current as at 1 July 2015 Page 79 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 4 Sufficiency of supply [s 243] (a) a circumstance happens that affects, or may affect, an industry participant’s contingency supply plan complying with the content requirements; and (b) the industry participant becomes aware, or ought reasonably to have become aware, of the happening of the circumstance. (2) The industry participant must, as soon as practicable, amend or remake the plan so that it complies with the content requirements. Maximum penalty—500 penalty units. (3) For subsection (2), the plan is not amended or remade until the regulator is given a copy.

243 Regulator’s power to amend plan (1) If the regulator reasonably believes an industry participant’s contingency supply plan does not comply with the content requirements, the regulator may, by complying with subsections (3) and (4), amend the plan so that it does comply with the requirements. (2) The regulator must give the industry participant a notice stating each of the following— (a) how the plan does not comply with the requirements; (b) that the regulator proposes to amend the plan so that it does comply; (c) the proposed amendment; (d) that the industry participant may within a stated reasonable period— (i) amend the plan so that it does comply with the requirements; or (ii) make written submissions to the regulator about why the proposed amendment should not be made. Page 80 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 4 Sufficiency of supply [s 244] (3) The regulator must consider any written submissions or amendments made by the industry participant within the stated period. (4) The amendment does not take effect until the industry participant is given an information notice about the decision to make the amendment. (5) This section does not prevent the industry participant from further amending the plan if the further amended plan complies with the content requirements. (6) In this section— amend includes remake and replace. Part 3 Information requirements

244 Notice of significant disruption If an industry participant becomes aware of any significant disruption, or event likely to result in a significant disruption, to the supply of processed natural gas, the participant must, as soon as practicable, give the regulator notice of the disruption or event. Maximum penalty—100 penalty units.

245 Regulator’s power to require information from industry participant (1) This section applies if the regulator reasonably believes an industry participant has information that will help the regulator assess the current or probable future sufficiency of supply of processed natural gas. Examples of information— • processed natural gas production and estimated future production, by location • processed natural gas purchases, by location Current as at 1 July 2015 Page 81 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 4 Sufficiency of supply [s 246] • processed natural gas supplied and future contractual obligations to supply, by location • the number of customers in each stated class of customer • transportation prices • processed natural gas prices for a stated class of customer • estimated reserves of coal seam gas and natural gas (2) The regulator may, by notice, require the industry participant to give the regulator in the approved form stated information of a type mentioned in subsection (1), at stated reasonable times or intervals. (3) The direction must be accompanied by, or include, an information notice about the decision to give the direction. Note— See also section 318.

246 Failure to comply with information requirement (1) An industry participant of whom a requirement under section 245 has been made must comply with the requirement unless the participant has a reasonable excuse. Maximum penalty—500 penalty units. (2) It is a reasonable excuse not to give the information if giving it might tend to incriminate the industry participant.

247 Notice of intention to stop processed natural gas transport or sale or customer connection services (1) The holder of a transmission pipeline licence for a pipeline that transports processed natural gas must give the regulator the required notice at least 3 months before stopping, or significantly reducing, the transportation of processed natural gas through the pipeline. Maximum penalty—100 penalty units. (2) A distributor must give the regulator the required notice at least 6 months before stopping, or significantly reducing, the provision of customer connection services. Page 82 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 4 Sufficiency of supply [s 247] Maximum penalty—100 penalty units. (3) A retailer must give the regulator the required notice at least 6 months before stopping, or significantly reducing, the sale of processed natural gas to a customer. Maximum penalty—100 penalty units. (4) Subsections (1) to (3)— (a) do not apply for a distributor or retailer if the stoppage or reduction is because of a discontinuance under a connection contract or contract for the sale of processed natural gas to a customer; and (b) do not apply if there is a reasonable excuse for the stopping or significant reduction. (5) In this section— required notice means a notice stating each of the following— (a) whether the notice is a notice of a stoppage or of a significant reduction; (b) reasons for the stoppage or reduction; (c) each type of customer (affected customers) who will, or are likely to be, affected by the stoppage or reduction; (d) details of any arrangements that have been, or will be, put in place to ensure affected customers continue to be supplied with processed natural gas; (e) information to be provided to affected customers about the stoppage or reduction and the arrangements; (f) details of any level of help to be offered to affected customers. Current as at 1 July 2015 Page 83 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 4 Sufficiency of supply [s 251] Part 5 Insufficiency of supply declarations and directions Division 1 Insufficiency of supply declarations

251 Minister’s power to make declaration The Minister may make a declaration (an insufficiency of supply declaration) that this part applies to a stated area if the Minister reasonably believes the supply of processed natural gas in the area— (a) is, or is likely to be, disrupted; or (b) is, or is likely to become, insufficient for the reasonable requirements of the community, or a part of the community, in the area. Examples of when the supply of processed natural gas may be disrupted—

1 A retailer for the area has given a notice under section 247.

2 A retailer for the area becomes an externally-administered body corporate under the Corporations Act and the retailer’s financial position does not, or may not, allow the retailer to continue to sell processed natural gas in the area.

252 Requirements for making declaration (1) Generally, an insufficiency of supply declaration must be made by gazette notice. (2) However, the Minister may make an insufficiency of supply declaration by another document if the Minister is reasonably satisfied extraordinary circumstances require it to be made immediately. (3) If an insufficiency of supply declaration is made under subsection (2), the Minister must immediately publish the making of the declaration in the way the Minister considers most appropriate to notify persons likely to be affected by it. Page 84 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 4 Sufficiency of supply [s 253] (4) A failure to comply with subsection (3) does not invalidate or otherwise affect the declaration.

253 Duration of declaration (1) If an insufficiency of supply declaration was not made by gazette notice, it expires on the third day after its making. (2) If an insufficiency of supply declaration is not tabled in the Legislative Assembly before the end of the next sitting day after its making, it expires at the end of that day. (3) Otherwise, an insufficiency of supply declaration continues in force until— (a) any time provided in the declaration for its expiry; or (b) it is repealed. Division 2 Insufficiency of supply directions

254 Minister’s power to give directions while declaration in force (1) The Minister may give a person as follows a direction (an insufficiency of supply direction) to do or not do something to ensure the safe supply of processed natural gas to customers in the area the subject of an insufficiency of supply declaration— (a) an industry participant; (b) a stated customer, or type of customer; (c) AEMO. (2) However, before making the direction, the Minister must, if it is practicable to do so, give the person a reasonable opportunity to make submissions about the proposed direction. (3) A failure to comply with subsection (2) does not invalidate or otherwise affect the direction. Current as at 1 July 2015 Page 85 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 4 Sufficiency of supply [s 255] (4) Subsection (1)(a) applies even if the person or the relevant business of the person is not in the area. (5) The direction may be given in any way the Minister considers appropriate including, for example, by— (a) publishing a notice in a newspaper; or (b) television transmission or radio broadcast. Examples of possible insufficiency of supply directions— 1 a direction to control, direct, restrict, or prohibit the production, distribution, supply, or the consumption or use of, processed natural gas 2 a direction to a person who extracts, produces, transports or distributes processed natural gas to extract, produce or transport it for supply, or to extract produce, transport or distribute it in a stated way 3 a direction to comply with stated conditions for the extraction, production, distribution, supply or consumption or use of processed natural gas 4 a direction to carry out stated work to ensure the production, distribution or transportation or supply of processed natural gas 5 a direction to make available stated gas infrastructure 6 a direction not to operate or use stated gas infrastructure, or to use it only with the Minister’s consent 7 a direction fixing prices for processed natural gas 8 directing an occupier of land to allow a stated person authorised by the Minister, to enter the land to carry out a stated activity to ensure the safe supply of processed natural gas in the area 9 a direction to comply with a contingency supply plan made for the State by the regulator

255 Failure to comply with direction (1) A person to whom an insufficiency of supply direction has been given must comply with the direction unless the person has a reasonable excuse. Maximum penalty—500 penalty units. Page 86 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 4 Sufficiency of supply [s 256] (2) It is a reasonable excuse to not comply with the direction if compliance would reasonably, or is reasonably likely to, result in a risk to— (a) the safety of anyone; or (b) the operation or security of a pipeline or other plant or equipment.

256 Liability of recipient for processed natural gas supplied under direction (1) This section applies if— (a) under an insufficiency of supply direction a person (the supplier) supplies someone else (the recipient) with processed natural gas; and (b) the recipient consumes the processed natural gas; and (c) the supplier was not, other than for the direction, legally obliged to supply the processed natural gas to the recipient. (2) The recipient must, unless the Minister otherwise approves, pay the supplier a reasonable amount for the processed natural gas. (3) In working out what is a reasonable amount for the processed natural gas, regard must be had to— (a) the cost to the supplier of producing or transporting the gas; and (b) any lost revenue to the supplier as a result of the gas being redirected.

257 Direction overrides contracts If there is an inconsistency between an insufficiency of supply direction and a contract as follows, the direction prevails to the extent of the inconsistency— (a) a connection contract; Current as at 1 July 2015 Page 87 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 4 Sufficiency of supply [s 257AA] (b) another contract relating to the production, transport or sale of processed natural gas.

257AA Exemption from Petroleum and Gas (Production and Safety) Act, ss 800, 802 and 803 for person complying with direction (1) This section applies to a person to whom an insufficiency of supply direction has been given. (2) The Petroleum and Gas (Production and Safety) Act, sections 800, 802 and 803 do not apply for a relevant activity carried out by the person if the carrying out of the activity was required under the direction. (3) In this section— relevant activity means— (a) a petroleum tenure activity as defined under the Petroleum and Gas (Production and Safety) Act, section 800; or (b) the construction or operation of any of the following, as defined under the Petroleum and Gas (Production and Safety) Act— (i) a pipeline, other than a distribution pipeline; (ii) a petroleum facility. Page 88 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 5 Resolution of gas infrastructure work disputes [s 258] Chapter 5 Resolution of gas infrastructure work disputes

258 Application of ch 5 This chapter applies to a dispute about gas infrastructure work or proposed gas infrastructure work between a distributor and a public entity or an LPG distributor and a public entity.

267 Referral to regulator to mediate Either party to the dispute may refer it to the regulator to mediate.

268 Regulator’s powers (1) The regulator may— (a) give instructions about procedures to be followed by the parties to the dispute to attempt to resolve it before the regulator mediates it; or (b) engage someone else, other than a court, to help mediate the dispute; or (c) decide not to mediate the dispute and refer it to the Governor in Council to decide. (2) Also, the regulator may, by notice, require the distributor, LPG distributor or public entity (the party) to give the regulator stated information the regulator reasonably requires to mediate the dispute. (3) The notice must be accompanied by, or include, an information notice about the decision to make the requirement. (4) The information must be given within a reasonable period after the regulator gives the notice, unless the party has a reasonable excuse. Current as at 1 July 2015 Page 89 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 5 Resolution of gas infrastructure work disputes [s 269] Maximum penalty—500 penalty units. (5) It is a reasonable excuse not to give the information if giving it might tend to incriminate the party.

269 Resolution by Governor in Council (1) This section applies if the regulator refers the dispute to the Governor in Council to decide. (2) Before deciding the dispute, the Governor in Council must— (a) give the parties a reasonable opportunity to make written submissions about the dispute; and (b) have regard to any submissions made under paragraph (a). (3) The submissions must be made to the regulator. (4) The Governor in Council’s decision binds the parties.

270 Exclusion of other jurisdictions (1) If the dispute has been referred to the Governor in Council, the following matters are not justiciable by a court or tribunal at the instigation of a party to the dispute— (a) the issue in the dispute; (b) any issue that emerges in the course of the Governor in Council’s deciding of the dispute. (2) However, subsection (1) does not apply if the proceeding before the court or tribunal was started before the dispute was referred to the Governor in Council. Page 90 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 5A Distribution network codes [s 270A] Chapter 5A Distribution network codes Part 1 Initial distribution network codes

270A Making of initial distribution network codes by Minister (1) The Minister must make initial distribution network codes for reticulated processed natural gas markets to apply to distributors and their customers. (2) A code must state the distributors to which it applies. (3) A code is not subordinate legislation. Note— QCA must keep a register of distribution network codes and publish them on its website. See section 310A and the QCA Act, sections 227A to 227C.

270B Specific matters for which code may provide Without limiting section 270A, a distribution network code may provide for the rights and obligations of distributors and customers about customer connection services.

270BA Required consultation (1) This section applies if the Minister proposes to make a distribution network code, unless the Minister considers the proposed code— (a) is needed urgently; or (b) will not be materially detrimental to anyone’s interests. (2) Before the Minister makes the distribution network code, the Minister must prepare a draft of the code and consult with— (a) entities the Minister is satisfied are likely to be affected by the proposed code; and Current as at 1 July 2015 Page 91 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 5A Distribution network codes [s 270C] (b) entities representing gas consumers.

270C Gazettal and taking of effect of code (1) The Minister must, as soon as practicable after making an initial distribution network code, publish a gazette notice stating the Minister has made the code and where it may be inspected. (2) The code takes effect on the later of the following days— (a) a day of effect stated in the gazette notice; (b) if no day of effect is stated in the notice—the day the notice is gazetted.

270D Tabling of code (1) Within 14 days after an initial distribution network code takes effect, the Minister must table a copy in the Legislative Assembly. (2) The copy is tabled for information only. (3) A failure to table the copy does not affect the code’s ongoing effect. Part 2 QCA distribution network codes

270E QCA may make distribution network code (1) Subject to sections 270F and 270G, QCA may make distribution network codes. (2) However, a code made by QCA has no effect unless it is approved by the Minister. (3) A code may provide for any matter that may be provided for under an initial distribution network code. Page 92 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 5A Distribution network codes [s 270F] (4) Sections 270A and 270B apply to the making of a distribution network code by QCA as if the code were an initial distribution network code.

270F QCA code objective (1) The objective (the QCA code objective) of a distribution network code made by QCA is to promote efficient investment in, and efficient use of, processed natural gas services for the long-term interests of Queensland customers of processed natural gas about price, quality, safety, reliability and security of supply of processed natural gas. (2) QCA may make a distribution network code only if it is satisfied the code will, or is likely to, contribute to the achievement of the QCA code objective.

270G Required consultation (1) This section applies if QCA proposes to make a distribution network code, unless QCA considers the code— (a) is needed urgently; or (b) can not be materially detrimental to anyone’s interests. (2) Before QCA makes the distribution network code it must prepare a draft of the code and engage in the consultation prescribed under a regulation.

270H Ministerial approval (1) QCA must, as soon as practicable after making a distribution network code, give the Minister a copy. (2) The Minister may, within 20 business days after receiving the code, decide whether to approve it. (3) The Minister must, in making the decision, have regard to the QCA code objective. Current as at 1 July 2015 Page 93 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 5A Distribution network codes [s 270I] (4) If the decision is not to approve the code, the Minister must, as soon as practicable after the making of the decision, give QCA a notice stating the decision, and the reasons for it. (5) If the Minister does not make the decision within the 20 business days, the Minister is taken to have approved the code.

270I When approved QCA distribution network code takes effect (1) This section applies for a distribution network code made by QCA only if the Minister approves the code. (2) QCA must, as soon as practicable after the approval, publish a gazette notice stating the Minister has approved the code and where it may be inspected. (3) The code takes effect on the later of the following days— (a) a day of effect stated in the gazette notice; (b) if no day of effect is stated in the notice—the day the notice is gazetted.

270J Tabling of QCA distribution network code (1) If a distribution network code made by QCA takes effect, the Minister must, within 14 sitting days, table a copy of the code in the Legislative Assembly. (2) The copy is tabled for information only. (3) A failure to table the copy does not affect the code’s ongoing effect. Page 94 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 5A Distribution network codes [s 270K] Part 3 Review of distribution network codes and related matters

270K Direction by Minister to review (1) The Minister may, by gazette notice, give QCA a written direction to conduct a review into— (a) any matter relating to the Queensland reticulated processed natural gas markets; or (b) the operation and effectiveness of a distribution network code; or (c) any matter relating to a distribution network code. (2) QCA must comply with the direction. (3) QCA must publish the direction on its website.

270L Terms of reference The direction may do all or any of the following— (a) state the terms of reference of the review; (b) require QCA to give the Minister a report on the review within a stated period; (c) require QCA to make the report publicly available or available to a stated entity; (d) require QCA to, during the review, make a draft report publicly available or available to a stated entity; (e) require QCA to, in conducting the review— (i) consider stated matters; and (ii) have stated objectives; (f) give QCA other directions the Minister considers appropriate. Current as at 1 July 2015 Page 95 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 5A Distribution network codes [s 270M]

270M Notice of review or amended term of reference or direction QCA must publish a notice of the following on its website and in a Statewide newspaper— (a) the review; (b) if a term of reference or direction relating to the review is amended—the amended term of reference or direction.

270N Conduct of review (1) The QCA Act, part 6, other than section 171, (the applied part) applies for the review— (a) as if a reference in the applied part to an investigation were a reference to the review; and (b) as if the QCA Act, section 176(3), required the notice mentioned in that subsection to be given to any entity that QCA knows would be potentially affected by the review. (2) However, the applied part applies subject to any requirement or direction of the Minister. Part 4 Amending distribution network codes

270O Application of pt 4 This part applies if QCA proposes to amend a distribution network code. Page 96 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 5A Distribution network codes [s 270OA]

270OA Required consultation for amendment (1) Before QCA may make the amendment it must prepare a draft of the amendment and engage in the consultation prescribed under a regulation. (2) However, subsection (1) does not apply if QCA considers the amendment— (a) is needed urgently; or (b) does not materially detriment anyone’s interests; or (c) is of an uncontroversial nature; or (d) corrects an error. (3) To remove any doubt, it is declared that subsection (2)(d) applies even if the correction is materially detrimental to someone’s interests.

270OB Application of pt 2 other than its consultation provision The provisions of part 2, other than section 270G, apply to the amendment— (a) as if a reference in the provisions to making the code were a reference to the making of the amendment; and (b) as if a reference in the provisions to the code were a reference to the amendment. Current as at 1 July 2015 Page 97 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 5A Distribution network codes [s 270P] Part 5 Enforcing distribution network codes Division 1 Code contravention notices Subdivision 1 Preliminary

270P Application of div 1 This division applies if QCA suspects— (a) a distributor— (i) has contravened, or is contravening, a distribution network code; or (ii) is involved in an activity that is likely to result in a contravention of a distribution network code; and (b) the contravention or likely contravention is, or is likely to be, a material contravention of the code.

270Q Criteria for deciding material contravention (1) This section applies to the making of any decision under this Act about whether a contravention of a distribution network code is a material contravention of the code. (2) Regard must be had to the QCA code objective. (3) Subsection (2) does not limit or otherwise affect what may be considered in making the decision. Subdivision 2 Warning notices

270R Warning notice may be given (1) QCA may give the distributor a notice (the warning notice), warning the distributor that QCA proposes to give the Page 98 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 5A Distribution network codes [s 270S] distributor a further notice about the contravention or likely contravention (a code contravention notice). (2) QCA must make the decision about whether to give the warning notice as soon as practicable after forming the suspicion. (3) However, a failure to comply with subsection (2) does not affect the validity of the warning notice or any subsequent code contravention notice. (4) Despite subsections (2) and (3), if the warning notice is proposed to be given for a contravention, it can only be given within 2 years after the day on which the contravention happened.

270S Requirements for warning notice (1) The warning notice must state each of the following— (a) particulars of the contravention or likely contravention; (b) that QCA proposes to give the distributor a code contravention notice unless the distributor— (i) takes steps reasonably necessary to remedy the contravention or avoid the likely contravention; and (ii) gives QCA a written assurance (a conduct assurance), in the terms stated in the warning notice, that the distributor will— (A) avoid any similar future contravention; and (B) take steps reasonably necessary to avoid a future recurrence of the contravention; (c) a period (the warning period) after which the code contravention notice may be given unless the warning notice is complied with; (d) that the distributor may make, within the period, written submissions to show why the proposed code contravention notice should not be given. Current as at 1 July 2015 Page 99 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 5A Distribution network codes [s 270T] (2) The warning period must be— (a) if the warning notice is given because QCA considers the contravention or likely contravention is of a type that requires urgent action—a period that QCA considers is reasonable in the circumstances; or (b) otherwise—at least 20 business days. (3) The warning notice may also state the steps QCA reasonably believes are necessary to remedy the contravention or avoid its future recurrence, or avoid the likely contravention. Examples of steps that may remedy a contravention— • refunding an amount wrongly paid because of the contravention • paying compensation to someone who has damage, injury or loss because of the contravention • disclosing particular information • publishing advertisements about the contravention or action to remedy it

270T Considering submissions on warning notice (1) QCA must consider any written submission made under section 270S(1)(d) by the distributor within the period stated in the warning notice. (2) If QCA at any time decides not to give the proposed code contravention notice, it must, as soon as practicable, give the distributor notice of the decision. Subdivision 3 Action after warning notice

270U Giving of code contravention notice (1) QCA may give the proposed code contravention notice if— (a) the distributor has not complied with the warning notice; and (b) after complying with section 270T, QCA still believes the code contravention notice ought to be given. Page 100 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 5A Distribution network codes [s 270V] (2) The code contravention notice must state— (a) that the distributor— (i) has contravened, or is contravening, a distribution network code; or (ii) is likely to contravene a distribution network code; and (b) the contravention or likely contravention is, or is likely to be, a material contravention of the code; and (c) particulars of the contravention or likely contravention. (3) Subsection (4) applies if the warning notice was given on the basis of a contravention of the distribution network code and the distributor— (a) has taken steps reasonably necessary to remedy the contravention; but (b) has not given the conduct assurance required under the warning notice. (4) QCA may give the code contravention notice on the basis that the distributor is still involved in an activity that is, or is likely to result in, a material contravention of the distribution network code. Note— Under section 307A, a certified copy of a conduct notice is, for a proceeding under or relating to this Act, amongst other things, evidence of the contravention or other things stated in it.

270V Duration of code contravention notice The code contravention notice— (a) comes into effect— (i) when it is made; or (ii) if it states a later time—at the later time; and (b) ends— (i) on the day stated in the notice; or Current as at 1 July 2015 Page 101 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 5A Distribution network codes [s 270W] (ii) if it is cancelled before that day—when it is cancelled. Division 2 Proceedings

270W Proceeding for civil penalty order (1) This section applies if, on the application of QCA, the Supreme Court is satisfied a distributor has— (a) committed a material contravention of a distribution network code; or (b) attempted to commit a material contravention of a distribution network code; or (c) been involved in a material contravention of a distribution network code. (2) The court may order the distributor to pay the State as a civil penalty an amount of no more than— (a) for an individual—$100000; or (b) for a corporation—$500000. (3) In fixing the penalty, the court must consider— (a) the nature and extent of— (i) the contravention; and (ii) loss or damage suffered because of the contravention; and (b) the circumstances in which the contravention took place; and (c) whether the distributor has previously been found by the court in proceedings under this Act to have engaged in any similar conduct. (4) For subsection (1)(c), a distributor is involved in a contravention if the distributor— Page 102 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 5A Distribution network codes [s 270X] (a) has aided, abetted, counselled or procured the contravention; or (b) has induced the contravention, whether through threats, promises or in another way; or (c) has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention; or (d) has conspired with others to effect the contravention. Note— See also chapter 6, part 3, division 3 (Provisions for civil penalty proceedings).

270X How order enforced If the Supreme Court orders payment of an amount under section 270W(2), the State may enforce the order as a judgment of the court for a debt of that amount.

270Y Injunctions (1) The Supreme Court may, on the application of QCA, grant an injunction if satisfied a distributor has engaged, or is proposing to engage, in conduct that constitutes, or would constitute, any of the following— (a) a contravention of a distribution network code; (b) attempting to contravene a distribution network code; (c) aiding, abetting, counselling or procuring a distributor to contravene a distribution network code; (d) inducing, or attempting to induce, whether by threats, promises or otherwise, a distributor to contravene a distribution network code; (e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a distributor of a distribution network code; (f) conspiring with others to contravene a distribution network code. Current as at 1 July 2015 Page 103 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 5A Distribution network codes [s 270Z] (2) An injunction may be granted on conditions. (3) The court may also grant an injunction by consent of all parties to the application, whether or not the court is satisfied a distributor has engaged, or is proposing to engage, in conduct of a type mentioned in subsection (1). (4) The court may grant an interim injunction pending its decision on the application. (5) The court must not require anyone, as a condition of granting an interim injunction, to give an undertaking as to damages. (6) The court may amend an injunction or interim injunction. (7) An injunction or interim injunction restraining a distributor from engaging in conduct may be granted whether or not— (a) it appears to the court that the distributor intends to engage again, or to continue to engage, in conduct of that kind; or (b) the distributor has previously engaged in conduct of that kind; or (c) there is an imminent danger of substantial damage to another person if the person engages in conduct of that kind. (8) An injunction or interim injunction requiring a distributor to do an act or thing may be granted whether or not— (a) it appears to the court that the distributor intends to fail again, or to continue to fail, to do that act or thing; or (b) the distributor has previously failed to do the act or thing; or (c) there is an imminent danger of substantial damage to another person if the distributor does not do the act or thing.

270Z Conduct by directors, servants or agents (1) This section applies to a proceeding under this division. (2) If— Page 104 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 5A Distribution network codes [s 270Z] (a) the proceeding concerns alleged conduct engaged in by a distributor to which a distribution network code applies; and (b) it is necessary to prove the distributor’s state of mind; it is enough to prove that a director, servant or agent (a representative) of the distributor, acting within the scope of the representative’s actual or apparent authority, had the state of mind. (3) Conduct engaged in for a distributor by the following persons is taken to have been engaged in by the distributor— (a) a representative of the distributor, acting within the scope of the representative’s actual or apparent authority; (b) another person at the direction, or with the consent or agreement, of a representative of the distributor, if the giving of the direction, consent or agreement was within the scope of the representative’s actual or apparent authority. (4) Conduct engaged in for a distributor (the principal) by the following persons is taken to have been engaged in by the principal— (a) a servant or agent of the principal, acting within the scope of the servant’s or agent’s actual or apparent authority; (b) another person at the direction or with the consent or agreement, of a servant or agent of the principal, if the giving of the direction, consent or agreement was within the scope of the servant’s or agent’s actual or apparent authority. (5) In this section— consent or agreement includes an implied consent or agreement. state of mind, of a person, may include— Current as at 1 July 2015 Page 105 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 5A Distribution network codes [s 270ZA] (a) knowledge, intention, opinion, belief or purpose of the person; and (b) the person’s reasons for the person’s intention, opinion, belief or purpose. Division 3 Referrals to regulator

270ZA When QCA must refer material contravention If the Supreme Court decides a contravention of a distribution network code by a distributor is a material contravention of the code, QCA must refer the matter to the regulator.

270ZB When QCA may refer material contravention (1) If QCA has given a distributor a warning notice for a material contravention or likely material contravention of a distribution network code, QCA may refer the matter to the regulator. (2) The referral may be made whether or not a code contravention notice has been given for, or a proceeding started under this division about, the contravention or likely contravention. Note— If QCA has applied for a civil penalty order under section 270W, section 270ZK prevents the regulator from imposing a similar penalty. (3) However, the matter can not be referred before the giving of the warning notice.

270ZC Guidelines for exercise of QCA powers for civil penalties (1) QCA must publish on its website guidelines about when it will do each of the following— (a) under section 270W, apply for a civil penalty order; (b) under section 270ZB, refer matters to the regulator. (2) Before publishing the guidelines, QCA must take steps it considers appropriate to consult with distributors and retailers. Page 106 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 5A Distribution network codes [s 270ZD] (3) The guidelines are not legally binding on QCA and are non-justiciable. (4) The guidelines must include information to the effect of subsection (3).

270ZD How regulator deals with referral If, under this subdivision, QCA refers a matter to the regulator, the regulator may take either or both of the following actions against the relevant distributor— (a) for a distributor—impose a civil penalty, under chapter 6, part 1A; (b) for a distributor—action under chapter 2, part 1, division 3. Division 4 Production of documents or information

270ZE Notice to produce documents or information (1) This section applies if QCA is conducting an investigation to find out whether a distributor is complying with a distribution network code. (2) QCA may, by notice to the distributor, require the distributor to give QCA all or any of the following things QCA believes, on reasonable grounds, are relevant to the investigation— (a) information within the distributor’s knowledge or possession; (b) documents in the distributor’s custody, possession or power. (3) The notice must state— (a) the information or documents required; and (b) a period in which the documents or information are to be given of no less than 7 days; and Current as at 1 July 2015 Page 107 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 5A Distribution network codes [s 270ZF] (c) a reasonable place at which the documents or information are to be given. (4) The distributor must comply with the notice, unless it has a reasonable excuse. Maximum penalty—500 penalty units. (5) A distributor is not required to comply with the notice if the distributor claims, on the ground of self-incrimination, a privilege the distributor would be entitled to claim against giving the information were the distributor a witness in a prosecution for an offence in the Supreme Court. (6) If the distributor claims that complying with the notice may tend to incriminate it, QCA or the distributor may make an application to the Supreme Court to decide the validity of the claim.

270ZF Protection of confidential information given for investigation (1) This section applies if— (a) QCA is conducting an investigation to find out whether a distributor is complying with a distribution network code; and (b) the distributor gives QCA information for the purpose of the investigation, whether or not the giving of the information was required under section 270ZE. (2) The QCA Act, section 187 applies as if the information had been made available for an investigation under that Act. (3) In this section— information includes a document. Page 108 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 5A Distribution network codes [s 270ZG] Division 5 Audits

270ZG QCA’s powers concerning audit of compliance with distribution network code (1) QCA may, by notice to a distributor, require the distributor to— (a) carry out an internal audit of all or any of the following— (i) the distributor’s compliance with a distribution network code, either generally or about a stated particular matter or matters; (ii) the reliability and quality of information given by the distributor to QCA, under this Act; or (b) appoint a person as an independent auditor to carry out an audit of all or any of the things mentioned in paragraph (a). (2) The notice may state terms of reference QCA requires for carrying out the audit. (3) QCA may appoint a person as an independent auditor to carry out an audit of all or any of the things mentioned in subsection (1)(a) concerning the distributor, if— (a) the distributor does not comply with a notice given to it under the subsection; or (b) QCA reasonably considers that a person appointed under subsection (1) does not have appropriate qualifications or experience for carrying out the audit. (4) A person may be appointed as an independent auditor under subsection (1)(b) or (3) only if the appointer reasonably considers the person has the appropriate qualifications or experience for carrying out the audit. Current as at 1 July 2015 Page 109 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 5A Distribution network codes [s 270ZH]

270ZH Responsibility for cost of audit (1) A distributor required under section 270ZG(1) to carry out, or appoint an independent auditor to carry out, an audit is responsible for the cost of the audit. (2) If QCA appoints an independent auditor to carry out an audit concerning a distributor, the distributor must reimburse QCA for the cost of the audit if required to do so by QCA.

270ZI Independent auditor may require reasonable help or information (1) An independent auditor appointed under section 270ZG to carry out an audit concerning a distributor may require the distributor to give the auditor— (a) reasonable help to carry out the audit; or Examples— • access to the distributor’s premises and records • help from the distributor’s employees (b) information, in a form reasonably required by the auditor, to help the auditor carry out the audit. (2) A distributor required to give reasonable help under subsection (1)(a), or information under subsection (1)(b), must comply with the requirement unless the distributor has a reasonable excuse. Maximum penalty—1000 penalty units. (3) If the distributor is an individual, it is a reasonable excuse for the individual not to comply with the requirement if complying with the requirement might tend to incriminate the individual.

270ZJ Audit report and submissions on report (1) A distributor required under section 270ZG(1) to carry out, or appoint an independent auditor to carry out, an audit must give a copy of the audit report to QCA. Page 110 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 6 Miscellaneous provisions [s 270ZJA] (2) The copy must be given as soon as practicable after the audit is completed. (3) If QCA appoints an independent auditor to carry out an audit concerning a distributor, QCA must give the distributor— (a) a copy of the draft audit report and an opportunity to make submissions to QCA on the draft report; and (b) a copy of the final audit report and an opportunity to make further submissions to QCA on the final report. Part 6 Miscellaneous provisions

270ZJA Relationship with Fair Trading Act 1989 To remove any doubt, it is declared that a distribution network code does not limit or otherwise affect the operation of the Fair Trading Act 1989, including the Australian Consumer Law (Queensland) forming part of that Act. Chapter 6 Miscellaneous provisions Part 1A Civil penalty for particular contraventions

270ZK Application of pt 1A (1) This part applies if— (a) any of the following are referred to the regulator in relation to a distributor— Current as at 1 July 2015 Page 111 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 6 Miscellaneous provisions [s 270ZL] (i) a material contravention of a distribution network code, referred under section 270ZA or 270ZB; (ii) a contravention of a compliance direction under the Energy and Water Ombudsman Act 2006, referred under section 46 of that Act; or (b) a distributor does not comply with a condition of the distributor’s authority under this Act in relation to the Energy and Water Ombudsman Act 2006. (2) However, if the contravention is a contravention of a distribution network code, this part applies only if QCA has not applied for a civil penalty order under section 270W. (3) To remove any doubt, it is declared that this part does not limit or otherwise affect the taking of action or proposed action under chapter 2, part 1, division 3 concerning an authority under this Act held by the distributor.

270ZL Regulator may impose civil penalty (1) The regulator may, for the State, impose a civil penalty on the distributor of no more than the monetary value of 1333 penalty units. (2) However, the power under subsection (1) may be exercised only if— (a) the regulator has given the distributor a notice stating each of the following— (i) that the regulator proposes to impose the penalty; (ii) the grounds for imposing the proposed penalty; (iii) the facts and circumstances that are the basis for the grounds; (iv) that the distributor may, within a stated period of at least 20 business days, make written submissions to show why the penalty should not be imposed; and Page 112 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 6 Miscellaneous provisions [s 270ZM] Note— See also chapter 6, part 3, division 3 (Provisions for civil penalty proceedings). (b) the regulator has considered any written submissions made under paragraph (a)(iv) within the period stated in the notice.

270ZM Information notice about and taking effect of decision (1) If the regulator decides to impose the civil penalty, the regulator must, as soon as practicable after making the decision, give the distributor a QCAT information notice about the decision. (2) The decision takes effect on the later of the following days— (a) the day the QCAT information notice is given; (b) a later day of effect stated in the notice.

270ZN Civil penalty recoverable as a debt If the regulator imposes the civil penalty, the State may recover the amount of the penalty as a debt. Part 1B Enforcing section 175A against retailers Division 1 Contravention notices Subdivision 1 Preliminary

271AA Application of pt 1B This part applies if the regulator suspects— Current as at 1 July 2015 Page 113 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 6 Miscellaneous provisions [s 271AB] (a) a retailer has contravened, or is contravening, section 175A; and (b) the contravention is likely to be a material contravention of section 175A.

271AB Criteria for deciding material contravention (1) This section applies to the making of any decision under this Act about whether a contravention of section 175A is a material contravention of the section. (2) The regulator must have regard to the objects of the Act. (3) Subsection (2) does not limit or otherwise affect what may be considered in making the decision. Subdivision 2 Warning notices

271AC Warning notice may be given (1) The regulator may give the retailer a notice (the warning notice), warning the retailer that the regulator proposes to give the retailer a further notice about the contravention (a contravention notice). (2) The regulator must make the decision about whether to give the warning notice as soon as practicable after forming the suspicion. (3) However, a failure to comply with subsection (2) does not affect the validity of the warning notice or any subsequent contravention notice. (4) Despite subsections (2) and (3), if the regulator proposes to give a warning notice for a contravention, it can only be given within 2 years after the day on which the contravention happened. Page 114 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 6 Miscellaneous provisions [s 271AD]

271AD Requirements for warning notice (1) The warning notice must state each of the following— (a) particulars of the contravention; (b) that the regulator proposes to give the retailer a contravention notice unless the retailer— (i) takes steps reasonably necessary to remedy the contravention; and (ii) gives the regulator a written assurance, in the terms stated in the warning notice, that the retailer will— (A) avoid any similar future contravention; and (B) take steps reasonably necessary to avoid a future recurrence of the contravention; (c) a period (the warning period) after which the contravention notice may be given unless the warning notice is complied with; (d) that the retailer may make, within the warning period, written submissions to show why the proposed contravention notice should not be given. (2) The warning period must be— (a) if the warning notice is given because the regulator considers the contravention is of a type that requires urgent action—a period that the regulator considers is reasonable in the circumstances; or (b) otherwise—at least 20 business days. (3) The warning notice may also state the steps the regulator reasonably believes are necessary to remedy the contravention or avoid its future recurrence. Example of a step that may remedy a contravention— paying compensation to someone who has suffered damage, injury or loss because of the contravention Current as at 1 July 2015 Page 115 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 6 Miscellaneous provisions [s 271AE]

271AE Considering submissions on warning notice (1) The regulator must consider any written submission made under section 271AD(1)(d) by the retailer within the warning period stated in the warning notice. (2) If the regulator at any time decides not to give the proposed contravention notice, it must, as soon as practicable, give the distributor or retailer notice of the decision. Subdivision 3 Action after warning notice

271AF Giving of contravention notice (1) The regulator may give the proposed contravention notice if— (a) the retailer has not complied with the warning notice; and (b) after complying with section 271AE, the regulator still believes the contravention notice ought to be given. (2) The contravention notice must state— (a) that the retailer has contravened, or is contravening, section 175A; or (b) the contravention is likely to be a material contravention of the section.

271AG Duration of contravention notice The contravention notice— (a) comes into effect— (i) when it is made; or (ii) if it states a later time—at the later time; and (b) ends— (i) on the day stated in the notice; or Page 116 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 6 Miscellaneous provisions [s 271AH] (ii) if it is cancelled before that day—when it is cancelled. Division 2 Proceedings

271AH Proceeding for civil penalty order (1) This section applies if, on the application of the regulator, the Supreme Court is satisfied the retailer has— (a) committed a material contravention of section 175A; or (b) attempted to commit a material contravention of section 175A; or (c) been involved in a material contravention of section 175A. (2) The court may order the retailer to pay the State as a civil penalty an amount of no more than— (a) for an individual—$100,000; or (b) for a corporation—$500,000. (3) In fixing the penalty, the court must consider— (a) the nature and extent of— (i) the contravention; and (ii) loss or damage suffered because of the contravention; and (b) the circumstances in which the contravention took place; and (c) whether the retailer has previously been found by the court in proceedings under this Act to have engaged in any similar conduct. (4) For subsection (1)(c), a distributor or retailer is involved in a contravention if the distributor or retailer— (a) has aided, abetted, counselled or procured the contravention; or Current as at 1 July 2015 Page 117 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 6 Miscellaneous provisions [s 271AI] (b) has induced the contravention, whether through threats, promises or in another way; or (c) has been in any way, directly or indirectly, knowingly concerned in, or a party to, the contravention; or (d) has conspired with others to effect the contravention.

271AI How order enforced If the Supreme Court orders payment of an amount under section 271AH(2), the State may enforce the order as a judgment of the court for a debt of that amount.

271AJ Injunctions (1) The Supreme Court may, on the application of the regulator, grant an injunction if satisfied the retailer has engaged, or is proposing to engage, in conduct that constitutes, or would constitute any of the following— (a) a contravention of section 175A; (b) attempting to contravene section 175A. (2) An injunction may be granted on conditions. (3) The court may also grant an injunction by consent of all parties to the application, whether or not the court is satisfied the retailer has engaged, or is proposing to engage, in conduct of a kind mentioned in subsection (1). (4) The court may grant an interim injunction pending its decision on the application. (5) The court must not require anyone, as a condition of granting an interim injunction, to give an undertaking as to damages. (6) The court may amend an injunction or interim injunction. (7) An injunction or interim injunction restraining the retailer from engaging in conduct may be granted whether or not— Page 118 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 6 Miscellaneous provisions [s 271AK] (a) it appears to the court that the retailer intends to engage again, or to continue to engage, in conduct of that kind; or (b) the retailer has previously engaged in conduct of that kind; or (c) there is an imminent danger of substantial damage to another person if the retailer engages in conduct of that kind. (8) An injunction or interim injunction requiring the retailer to do an act or thing may be granted whether or not— (a) it appears to the court that the retailer intends to fail again, or to continue to fail, to do that act or thing; or (b) the retailer has previously failed to do the act or thing; or (c) there is an imminent danger of substantial damage to another person if the retailer does not do the act or thing.

271AK Conduct by directors, servants or agents (1) This section applies to a proceeding for a civil penalty, an interim injunction or an injunction under this division. (2) If— (a) the proceeding concerns alleged conduct engaged in by the retailer; and (b) it is necessary to prove the retailer’s state of mind; it is enough to prove that a director, servant or agent (a representative) of the distributor or retailer, acting within the scope of the representative’s actual or apparent authority, had the state of mind. (3) Conduct engaged in for a retailer by the following persons is taken to have been engaged in by the retailer— (a) a representative of the retailer, acting within the scope of the representative’s actual or apparent authority; (b) another person at the direction, or with the consent or agreement, of a representative of the retailer, if the Current as at 1 July 2015 Page 119 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 6 Miscellaneous provisions [s 271AL] giving of the direction, consent or agreement was within the scope of the representative’s actual or apparent authority. (4) Conduct engaged in for a retailer by the following persons is taken to have been engaged in by the principal— (a) a servant or agent of the retailer, acting within the scope of the servant’s or agent’s actual or apparent authority; (b) another person at the direction or with the consent or agreement, of a servant or agent of the retailer, if the giving of the direction, consent or agreement was within the scope of the servant’s or agent’s actual or apparent authority. (5) In this section— consent or agreement includes an implied consent or agreement. state of mind, of a person, may include— (a) knowledge, intention, opinion, belief or purpose of the person; and (b) the person’s reasons for the person’s intention, opinion, belief or purpose. Division 3 Production of documents or information

271AL Notice to produce documents or information (1) This section applies if the regulator is conducting an investigation to find out whether the retailer is complying with section 175A. (2) The regulator may, by written notice to the retailer, require the retailer to give the regulator all or any the following things the regulator believes, on reasonable grounds, are relevant to the investigation— Page 120 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 6 Miscellaneous provisions [s 271] (a) information within the retailer’s knowledge or possession; (b) documents in the retailer’s custody, possession or power. (3) The notice must state— (a) the information or documents required; and (b) a period in which the information or documents must be given of no less than 7 days; and (c) a reasonable place at which the information or documents must be given. (4) The retailer must comply with the notice, unless it has a reasonable excuse. Maximum penalty—500 penalty units. (5) The retailer is not required to comply with the notice if the retailer claims, on the ground of self-incrimination, a privilege the retailer would be entitled to claim against giving the information or documents were the retailer a witness in a prosecution for an offence in the Supreme Court. (6) If the retailer claims that complying with the notice may tend to incriminate it, the regulator or retailer may make an application to the Supreme Court to decide the validity of the claim. Part 1 Reviews Division 1 Internal reviews

271 Who may apply for internal review (1) A person who has been given, or is entitled to be given, an information notice about a decision under this Act mentioned Current as at 1 July 2015 Page 121 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 6 Miscellaneous provisions [s 272] in schedule 1 (an original decision) may apply for an internal review of the decision (an internal review application). (2) An internal review application may be made only to the following person (the reviewer)— (a) if the original decision to which the application relates was made by the regulator—the Minister; (b) otherwise—the regulator.

272 Requirements for making internal review application (1) An internal review application must be— (a) made within 20 business days after— (i) if the person has been given an information notice about the original decision to which the application relates—the day the person is given the notice; or (ii) if subparagraph (i) does not apply—the day the person otherwise becomes aware of the original decision; and (b) made in the approved form; and (c) accompanied by a statement of the grounds on which the applicant seeks the review of the decision; and (d) supported by enough information to enable the decision to be reviewed. (2) However, the reviewer may extend the period for making the application.

273 Stay of operation of original decision (1) The reviewer may grant a stay of the original decision to secure the effectiveness of the internal review. (2) A stay— (a) may be given on the conditions the reviewer considers appropriate; and Page 122 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 6 Miscellaneous provisions [s 274] (b) operates for the period fixed by the reviewer; and (c) may be amended or cancelled by the reviewer. (3) The period of a stay under this section must not extend past the time when the reviewer decides the internal review. (4) The internal review affects the decision, or carrying out of the decision, only if it is stayed.

274 Internal review decision (1) The reviewer must, within 20 business days after the internal review application is made— (a) review the original decision; and (b) make a decision (the internal review decision) to— (i) confirm the original decision; or (ii) amend the original decision; or (iii) substitute another decision for the original decision. (2) If the internal review decision confirms the original decision, for the purpose of an application for external review, the original decision is taken to be the internal review decision. (3) If the internal review decision amends the original decision, for the purpose of an application for external review, the original decision as amended is taken to be the internal review decision.

275 Internal review procedure (1) An internal review application for an original decision, other than an original decision made by the reviewer personally, must not be dealt with by— (a) the person who made the decision; or (b) a person in a less senior office than the person who made the decision. Current as at 1 July 2015 Page 123 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 6 Miscellaneous provisions [s 276] (2) Subsection (1) applies despite the Acts Interpretation Act 1954, section 27A(7). (3) The reviewer may, in making the internal review decision, seek and take into account advice or information from any other person, including, for example, a review panel established by the reviewer.

276 Reviewer may seek advice or information (1) To help the reviewer make the internal review decision, the reviewer may seek advice or information from any other person. (2) The matters the reviewer may take into account in making the internal review decision include any advice or information obtained under subsection (1) for the decision or another internal review decision the reviewer has been asked to make. (3) If the reviewer obtains advice or information under subsection (1) for the internal review decision or, in making the decision, takes into account advice or information the reviewer obtained for another internal review decision, the reviewer must— (a) if the advice or information is written—give a copy to the parties to the internal review; or (b) if the advice or information is oral—disclose the substance of the advice to the parties.

277 Offence about disclosure of advice or information (1) This section applies if, under section 276, the reviewer gives a copy of advice or information, or discloses the substance of advice or information, to a party to the internal review. (2) The party must not disclose the advice or information to another person unless the party has a reasonable excuse. Maximum penalty—20 penalty units. Page 124 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 6 Miscellaneous provisions [s 278] (3) It is a reasonable excuse for the party to make the disclosure if the disclosure is for the internal review or an external review of the internal review decision.

278 Notice of internal review decision (1) The reviewer must, within 10 business days after making an internal review decision, give the applicant notice (an internal review notice) for the decision. (2) If the internal review decision is not the decision sought by the applicant, the internal review notice must also include, or be accompanied by, a QCAT information notice for the decision. (3) If the reviewer does not give the internal review notice within the 10 business days, the reviewer is taken to have made an internal review decision confirming the original decision. Division 2 External reviews by QCAT

279 External review of internal review decision (1) A person who has been given, or is entitled to be given, an internal review notice for an internal review decision may apply, as provided under the QCAT Act, to QCAT for an external review of the decision. (2) A person who has been given, or is entitled to be given, a QCAT information notice for a decision under section 233 may apply, as provided under the QCAT Act, to QCAT for an external review of the decision. (3) A distributor who, under section 270ZM, has been given, or is entitled to be given, a QCAT information notice for a decision under section 270ZL to impose a civil penalty may apply, as provided under the QCAT Act, to QCAT for an external review of the decision. Current as at 1 July 2015 Page 125 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 6 Miscellaneous provisions [s 286] Part 2 General offences

286 Unlawfully operating distribution pipeline (1) A person must not unlawfully operate a distribution pipeline. Maximum penalty—500 penalty units. (2) A person unlawfully operates a distribution pipeline if the person transports processed natural gas through the pipeline or provides customer connection services to premises in relation to the pipeline, unless— (a) a distribution authority authorising the transportation or customer connection services is in force and the person holds, or is acting under, the authority; or (b) the pipeline is completely within a lot, or contiguous lots, owned by the same person; or Example— a pipeline in a shopping centre on a lot or lots owned by the same person (c) the pipeline is completely within contiguous lots if the processed natural gas is only transported to 1 other person; or (d) the person is, or is acting for, an on-supplier and the transport or customer connection services complies with chapter 3, part 3; or (e) the transport or customer connection services is carried out under an insufficiency of supply direction.

287 Unlawful tampering with gas infrastructure A person must not wilfully tamper with a distributor’s or LPG distributor’s gas infrastructure unless the person has a lawful excuse. Maximum penalty—500 penalty units. Note— See also section 295. Page 126 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 6 Miscellaneous provisions [s 289]

289 Unlawfully taking processed natural gas or LPG (1) A person must not unlawfully take processed natural gas or LPG. Maximum penalty—500 penalty units. (2) A person unlawfully takes processed natural gas or LPG if the person takes processed natural gas or LPG from any of the following, unless the person has a lawful excuse— (a) a distribution pipeline; (b) an LPG distribution pipeline; (c) a pipeline connected from the exit point of a meter installed for a customer’s premises. Note— See also section 297.

289A Restriction on providing gas retail market services (1) A person other than the following must not provide gas retail market services to someone else— (a) AEMO; (b) a director or other officer of AEMO acting within the scope of the person’s directorship or other office with AEMO; (c) an employee of AEMO acting within the course of the employee’s employment with AEMO. Maximum penalty—500 penalty units. (2) In this section— gas retail market services means services provided by AEMO to others as the operator of the gas retail market. Current as at 1 July 2015 Page 127 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 6 Miscellaneous provisions [s 290]

290 False or misleading information (1) A person must not make an entry in a document required to be kept under this Act knowing the entry to be false or misleading in a material particular. Maximum penalty—60 penalty units. (2) A person of whom a direction or requirement under this Act has been made must not state anything or give a document or thing in response to the direction or requirement that the person knows is false or misleading in a material particular. Maximum penalty—60 penalty units. Note— See also section 294.

291 Attempts to commit offences (1) A person who attempts to commit an offence against this Act commits an offence. Maximum penalty for an attempt—half the maximum penalty for the completed offence. (2) The Criminal Code, section 4 applies to subsection (1). Part 3 Offence proceedings Division 1 General provisions

292 Offences under Act are summary (1) An offence against this Act is a summary offence. (2) A proceeding for an offence against this Act must start within the later of the following periods to end— (a) 1 year after the commission of the offence; Page 128 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 6 Miscellaneous provisions [s 293] (b) 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.

293 Statement of complainant’s knowledge In a complaint starting a proceeding for an offence against this Act, a statement that the matter of the complaint came to the complainant’s knowledge on a stated day is evidence the matter came to the complainant’s knowledge on that day.

294 Allegations of false or misleading matters (1) This section applies to a proceeding for an offence against this Act described as involving— (a) false or misleading information; or (b) a false or misleading document or statement. Note— See section 290. (2) It is enough for the complaint starting the proceeding to state the document, information or statement was ‘false or misleading’ to the defendant’s knowledge, without specifying which. (3) In the proceeding, evidence that the document, information or statement was given or made recklessly is evidence that it was given or made so as to be false or misleading.

295 Evidence of tampering with gas infrastructure If— (a) on, or in association with, a customer’s processed natural gas or LPG installation there exists a way to change or tamper with a distributor’s or LPG distributor’s gas infrastructure; and (b) the gas infrastructure is in the control or custody of the customer; and Current as at 1 July 2015 Page 129 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 6 Miscellaneous provisions [s 296] (c) there is a change to or tampering with the gas infrastructure; evidence of the existence of the way is evidence that the change or tampering has been caused by the customer. Note— See section 287.

296 Conduct of representatives (1) This section applies to a proceeding for an offence against this Act if it is relevant to prove a person’s state of mind about particular conduct. (2) It is enough to show— (a) the conduct was engaged in by a representative of the person within the scope of the representative’s actual or apparent authority; and (b) the representative had the state of mind. (3) Conduct engaged in for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been engaged in also by the person unless the person proves— (a) if the person was in a position to influence the representative in relation to the conduct—the person took reasonable steps to prevent the conduct; or (b) the person was not in a position to influence the representative in relation to the conduct. (4) In this section— engaging in conduct includes failing to engage in conduct. representative means— (a) for a corporation—an agent, employee or executive officer of the corporation; or (b) for an individual—an agent or employee of the individual. Page 130 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 6 Miscellaneous provisions [s 297] state of mind of a person includes the person’s— (a) belief, intention, knowledge, opinion or purpose; and (b) reasons for the belief, intention, opinion or purpose. Division 2 Provisions for proceedings for unlawfully taking processed natural gas or LPG

297 Evidence of unlawful taking of processed natural gas or LPG If— (a) on, or in association with, a customer’s processed natural gas or LPG installation there exists a way to unlawfully take processed natural gas or LPG; and (b) processed natural gas or LPG is unlawfully taken from the processed natural gas or LPG installation; evidence of the existence of the way is evidence that the customer has unlawfully taken the processed natural gas or LPG.

298 Proceeding may be for a period If the day or days on which a person is alleged to have been unlawfully taking processed natural gas or LPG can not be established, the person may— (a) be charged with 1 offence of unlawfully taking processed natural gas or LPG over, or at some unknown time during, a stated period; and (b) be convicted and punished accordingly. Current as at 1 July 2015 Page 131 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 6 Miscellaneous provisions [s 299]

299 Ownership of processed natural gas or LPG for proceeding In a proceeding for an offence against this or another Act in which it is claimed processed natural gas or LPG has been unlawfully taken, the processed natural gas or LPG is taken to belong to any person through whose distribution or other pipeline the processed natural gas or LPG was being transported when it was unlawfully taken. Division 3 Provisions for civil penalty proceedings

299A Relationship with criminal proceedings (1) This section applies if— (a) action (a civil penalty proceeding) is taken against or in relation to a person, consisting of— (i) an application under section 270W for a civil penalty order; or (ii) a referral under section 270ZB to the regulator and any decision in relation to the referral that involves the imposition of a civil penalty; and (b) a criminal proceeding has been started, or has already been started, against the person for an offence; and (c) the conduct that constitutes the offence is the same, or substantially the same, as the conduct the subject of the civil penalty proceeding. (2) The civil penalty proceeding must be stayed or not continued. (3) However, the civil penalty proceeding may be resumed if, at the end of the criminal proceeding, there is no conviction for the offence. (4) Evidence in the civil penalty proceeding of information given, or documents produced, by a person is not admissible in evidence in the criminal proceeding. Page 132 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 6 Miscellaneous provisions [s 299B] (5) In this section— conduct includes an omission. conviction includes a finding of guilt, or the acceptance of a plea of guilt, by a court whether or not a conviction is recorded.

299B Avoidance of multiple penalties If— (a) a civil penalty proceeding under section 299A is taken; and (b) conduct, or substantially the same conduct, the subject of the civil penalty proceeding constitutes a contravention of 2 or more distribution network code provisions; a civil penalty must not be imposed or ordered in the civil penalty proceeding more than once for that conduct. Part 4 General remedies Note— See also sections 101 and 145.

300 Forfeiture and costs of remedial work (1) If a court convicts a person for an offence against this Act, it may— (a) order the forfeiture to the State of— (i) anything used to commit the offence; or (ii) anything else the subject of the offence; and Current as at 1 July 2015 Page 133 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 6 Miscellaneous provisions [s 301] (b) make any order to enforce the forfeiture it considers appropriate; and (c) order the person to pay the State the amount of costs it incurred for remedial work that was necessary or desirable because of the commission of the offence. (2) Forfeiture of a thing may be ordered— (a) whether or not it has been seized under another Act; and (b) if it has been seized, whether or not it has been returned to its owner.

301 Additional consequences of unlawfully operating distribution pipe (1) This section applies if, under section 286, a person unlawfully transports processed natural gas or provides customer connection services. (2) The person can not recover from anyone else an amount for— (a) the processed natural gas; or (b) the transportation; or (c) the services. (3) Subsection (2) applies whether or not the person has been convicted for an offence against section 286. (4) If a court convicts a person for an offence against section 286 relating to the transportation or services, the court, or another court of competent jurisdiction, may order the person to pay the State the amount of any profits the person made because of the transportation or services.

303 Recovery of unlawful profits If a court convicts a distributor for an offence against this Act, the court or another court of competent jurisdiction, may order the distributor to pay the State the amount of any profits the distributor made because of the commission of the offence. Page 134 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 6 Miscellaneous provisions [s 304] Part 5 Evidentiary provisions

304 Application of pt 5 This part applies to a proceeding under or in relation to this Act.

305 Appointments and authority The following must be presumed unless a party to the proceeding, by reasonable notice, requires proof of it— (a) the appointment of a distribution officer; (b) the power of the Minister or the regulator to do anything under this Act.

306 Signatures A signature purporting to be the signature of the Minister or the regulator is evidence of the signature it purports to be.

307 Other evidentiary aids A certificate purporting to be signed by the regulator stating any of the following matters is evidence of the matter— (a) a stated document is a thing as follows given, issued, kept or made under this Act— (i) an appointment, approval or decision; (ii) a declaration, direction, notice or requirement; (iii) a distribution authority; (iv) the register of authorities; (v) another record; (b) a stated document is another document kept under this Act; Current as at 1 July 2015 Page 135 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 6 Miscellaneous provisions [s 307A] (c) a stated document is a copy of, or an extract from or part of, a thing mentioned in paragraph (a) or (b); (d) that, on a stated day— (i) a stated person was given a stated decision, direction or notice under this Act; or (ii) a stated requirement under this Act was made of a stated person; (e) on a stated day, or during a stated period, a distribution authority— (i) was, or was not, in force; or (ii) was, or was not, subject to a stated condition; or (iii) was, or was not, cancelled; (f) a stated amount is payable under this Act by a stated person and has not been paid.

307A Evidentiary effect of code contravention notice (1) A document purporting to be a certified copy of a code contravention notice is evidence— (a) that the notice was a code contravention notice given under chapter 5A, part 5, division 1; and (b) of the contravention or other matters stated in it; and (c) that the notice has been given to the distributor stated in the notice. (2) In this section— certified copy means a copy with a certificate purporting to be signed by a member of QCA stating the copy is a true copy of the document it purports to be. Page 136 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 6 Miscellaneous provisions [s 308] Part 6 Registers

308 Register of authorities The regulator must keep a register of— (a) details about distribution authorities; and (b) other documents relating to this Act the regulator considers appropriate.

309 Keeping of register of authorities (1) The regulator must include in the register of authorities information about the distribution area mentioned in section 28(a) for a distribution authority. (2) If an authority is cancelled, suspended or surrendered, the regulator must record in the register of authorities— (a) the cancellation, surrender or suspension, and when it took effect; and (b) for a suspension—when the suspension started and, if it is for a period, when it is to end. (3) The regulator may include in the register of authorities other details about distribution authorities. (4) If under this Act there is a change relating to information kept in the register of authorities the regulator must— (a) amend the register of authorities to reflect the change; and (b) record in the register of authorities when the information was amended. (5) For subsection (4), the change is made on the later of the following— (a) if the change requires approval under this Act—when it was approved; (b) when it takes effect. Current as at 1 July 2015 Page 137 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 6 Miscellaneous provisions [s 310]

310 Access to register of authorities (1) The regulator must— (a) keep the register of authorities open for inspection by the public during office hours on business days at— (i) the department’s head office; and (ii) other places the regulator considers appropriate; and (b) allow a person to take extracts, free of charge, from the register of authorities; and (c) if a person asks for a copy of the register of authorities, or a part of it—give the person the copy on payment of an appropriate fee for the copy. (2) This section does not apply to any part of the register of authorities that is RTI excluded information. (3) In this section— appropriate fee, for a copy of the register of authorities, or a part of it, means a fee that is no more than the reasonable costs incurred in making and giving the copy.

310A Registers QCA must keep QCA must keep a register of each of the following— (a) distribution network codes; (b) warning notices, including expired warning notices; (c) conduct assurances; (d) code contravention notices, including expired code contravention notices. Note— For access to the registers, see the QCA Act, sections 227A to 227C. Page 138 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 6 Miscellaneous provisions [s 311] Part 7 Additional provisions for applications

311 Substantial compliance with application requirements may be accepted If— (a) a person has made, or purported to make, an application under this Act; and (b) the requirements under this Act for making the application have not been complied with; and (c) the person who must decide the application is reasonably satisfied the information provided in or with the application is enough to allow the person to decide the application in the way required under this Act; the person may decide to allow the application to proceed as if it did comply with the requirements.

312 Additional information may be required about application (1) If a person (the decision maker) is deciding, or is required to decide, an application under this Act, the decision maker may, by notice, require the applicant to give the decision maker within a stated reasonable period— (a) additional information about, or a document relevant to, the application; or (b) a statutory declaration verifying any information included in the application or any additional information required under paragraph (a). (2) If the applicant does not give the decision maker the additional information or declaration by the stated day, the decision maker may refuse the application. (3) The applicant must pay any costs incurred in complying with the notice. Current as at 1 July 2015 Page 139 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 6 Miscellaneous provisions [s 313]

313 Power to refund application fee on withdrawal (1) If an application under this Act is withdrawn, the person who must decide the application may refund the whole or part of any fee paid for the application. (2) In deciding whether to refund, the person must have regard to— (a) when the application was made; and (b) when it was withdrawn; and (c) the extent to which the application was decided before the withdrawal. Part 8 Other miscellaneous provisions

314 Replacement of authority (1) If an authority under this Act has been lost, stolen or destroyed, its holder may apply to the regulator who may issue the authority to replace it. (2) The regulator must decide to grant or refuse the application. (3) If the regulator is reasonably satisfied the authority has been lost, stolen or destroyed, the regulator must grant the application and replace it. (4) If the regulator decides to refuse the application, the regulator must, as soon as practicable, give the holder an information notice about the decision.

315 Protection from civil liability for particular persons (1) This section applies to each of the following persons (a relevant person)— (a) the Minister; Page 140 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 6 Miscellaneous provisions [s 316] (b) the regulator; (c) a person to whom an insufficiency of supply direction has been given and who is complying with the direction; (d) an industry participant to whom a notice under section 245 has been given and who is complying with the notice; (e) QCA. (2) A relevant person is not civilly liable to someone for an act done, or omission made, honestly and without negligence under this Act. (3) If subsection (2) prevents a civil liability attaching to a relevant person, the liability attaches instead to the State. (4) In this section— civil liability includes liability for the payment of costs ordered to be paid in a proceeding for an offence against this Act.

316 Limitation of liability of distributors (1) This section applies if a person incurs a cost, damage or loss because— (a) of a partial or total failure to supply processed natural gas; or (b) defective reticulated processed natural gas was supplied to the person. (2) This section applies to a distributor only in relation to the distributor’s gas infrastructure that is not a distribution system under the NERL (Qld). (3) A distributor is not civilly liable for the cost, damage or loss if— (a) the failure or defect was caused by a circumstance beyond the distributor’s control; and (b) in relation to the supply, the distributor— Current as at 1 July 2015 Page 141 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 6 Miscellaneous provisions [s 316A] (i) complied with this Act and the conditions of any relevant distribution authority; and (ii) acted in good faith and without negligence. (4) Subsection (3)— (a) is subject to any agreement between the person and the distributor; and (b) does not limit section 6(3).

316A Protection from liability of member or employee of QCA (1) A member or employee of QCA is not civilly liable for an act done, or omission made, in good faith under this Act. (2) If subsection (1) prevents a civil liability attaching to a member or employee, the liability attaches instead to QCA.

317 Power to require additional information (1) This section applies if— (a) a person is required under this Act to give the Minister or the regulator a notice or copy of a document or information (the advice); and (b) the person gives the advice. (2) The Minister or the regulator may, by notice, require the person to give, within the reasonable time stated in the notice, written information about the matter for which the advice was given. (3) The person must comply with the notice. Maximum penalty for subsection (3)—300 penalty units.

318 Confidentiality of particular information (1) This section applies if— (a) a person gives information in response to— (i) a direction under section 233; or Page 142 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 6 Miscellaneous provisions [s 319] (ii) a requirement under section 245; or (iii) a requirement under section 317 that relates to information given under section 233 or 245; and (b) the information is RTI excluded information. (2) If an official acquires the information in the official’s capacity as an official the official must not disclose the information to anyone else, unless the disclosure is— (a) made with the person’s consent; or (b) expressly permitted or required under another Act. Maximum penalty—100 penalty units. (3) In this section— official means— (a) the Minister; or (b) the regulator; or (c) a person who is, or has been, a public service employee.

319 Application of provisions (1) This section applies if a provision of this Act applies any of the following (the applied law) for a purpose— (a) another provision of this Act; (b) another law; (c) a provision of another law. (2) The applied law and any definition relevant to it apply with necessary changes. (3) Subsection (2) is not limited merely because a provision states how the applied law is to apply. Current as at 1 July 2015 Page 143 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 6 Miscellaneous provisions [s 320]

320 Delegation by Minister (1) The Minister may delegate the Minister’s powers under this Act to an appropriately qualified public service officer or employee. (2) However, the Minister can not delegate the power to make an insufficiency of supply declaration. (3) The Minister may delegate the Minister’s powers under chapter 3, part 4, division 2 to QCA.

321 Delegation by regulator The regulator may delegate the regulator’s powers under this Act to an appropriately qualified public service officer or employee.

321B Reporting to Minister by QCA (1) QCA must, on or before each 31 December and 30 June, give the Minister a written report about the performance of— (a) its functions under this Act; and (b) any of the Minister’s functions under this Act that have been delegated to QCA. (2) QCA may, from time to time, give the Minister reports about any significant events in the State’s processed natural gas market of which it considers the Minister ought to be aware, including, for example, systemic issues materially affecting consumers. (3) In this section a reference to the performance of a function includes the exercise of a power.

322 Approved forms The regulator may approve forms for use under this Act. Page 144 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 7 Transitional provisions [s 323]

323 Regulation-making power (1) The Governor in Council may make regulations under this Act. (2) A regulation may be made about any of the following— (a) any matter that may, under the National Gas (Queensland) Law, be prescribed under jurisdictional gas legislation; (b) the fees payable under this Act, including late payment fees; (c) imposing a penalty of no more than 20 penalty units for a contravention of a provision of a regulation. Chapter 7 Transitional provisions Part 1 Transitional provisions for Electricity and Other Legislation Amendment Act 2006

324 Definitions for pt 1 In this part— amendment Act means the Electricity and Other Legislation Amendment Act 2006. former, for a provision mentioned in this part, means the provision to which the reference relates is a provision of the pre-amended Act. FRC day means the day the amendment Act, section 114 commences. Current as at 1 July 2015 Page 145 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 7 Transitional provisions [s 325] new, for a provision mentioned in this part, means the provision to which the reference relates is a provision of the post-amended Act, as affected by any relevant definitions under the post-amended Act. post-amended Act means this Act as in force from the FRC day. pre-amended Act means this Act as in force before the FRC day.

325 Conversion of customer retail contracts for particular small customers to standard contracts (1) This section applies on the FRC day if— (a) immediately before that day, a customer retail contract under the pre-amended Act (the existing contract) was in force between a customer and a retailer for the provision of customer retail services to premises; and (b) under the post-amended Act the customer is a small customer for the premises; and (c) notified prices applied to the customer for the provision of the services to the premises. (2) The existing contract ends. (3) The ending of the existing contract does not affect rights or obligations accrued under it before the FRC day. (4) The customer and the retailer are, under new section 204, taken to have entered into a standard retail contract for the provision of the services to the premises. (5) New sections 204 and 207 apply to the standard retail contract as if it were a contract taken to have been entered into under that section.

326 Small customer may enter into negotiated retail contract before FRC day (1) This section applies if— Page 146 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 7 Transitional provisions [s 327] (a) under the pre-amended Act, a customer is a non-contestable customer for premises; and (b) the customer would, under the post-amended Act, be a small customer for the premises. (2) Despite former section 169, the customer may enter into a negotiated retail contract under the post-amended Act for the provision of customer retail services to the premises even though this Act is not in force in the form of the post-amended Act. (3) However, until the FRC day— (a) customer retail services can not be provided under the negotiated retail contract; and (b) any customer retail contract under the pre-amended Act continues to apply for the provision of the services. (4) Also, it is taken to be a term of the negotiated contract that the customer may, by written notice to the relevant retailer given within 10 business days after the FRC day, terminate the contract without penalty. (5) The notice need not state a ground for the termination.

327 Transitional retail contracts (1) This section applies on the FRC day if— (a) immediately before that day, a customer retail contract under the pre-amended Act (the existing contract) was in force between a customer and a retailer for the provision of customer retail services to premises; and (b) in the 12 months before the FRC day, the customer at the premises consumed more than 1TJ, but less than 10TJ, of processed natural gas; and (c) notified prices applied to the customer for the provision of the services to the premises. (2) The existing contract ends. Current as at 1 July 2015 Page 147 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 7 Transitional provisions [s 328] (3) The ending of the existing contract does not affect rights or obligations accrued under it before the FRC day. (4) The customer and the retailer are taken to have entered into a a new retail contract (the transitional retail contract) for the provision of the services to the premises. (5) The terms of the transitional retail contract are the retailer’s terms for retail contracts of the type to which this section applies, as published on the area retailer’s website and given to QCA no later than 5 days before the FRC day. (6) The retailer must, as soon as practicable after publishing the terms under subsection (5), give the customer a notice that the terms of the retailer’s transitional retail contracts may be inspected on its website. (7) The customer and the retailer are taken to have agreed to comply with the terms and to have entered into the transitional retail contract as a deed. (8) New section 207 applies to the transitional retail contract as if a reference in the section to a standard retail contract were a reference to the transitional retail contract. (9) This section is subject to the retailer of last resort scheme.

328 References to other particular contracts under pre-amended Act (1) In an Act or document, a reference to a contract of a following type (the old type) under the pre-amended Act is taken to be a reference to a type of contract under the post-amended Act stated opposite the old type— (a) a customer connection contract—a connection contract; (b) a customer retail contract—a retail contract. (2) Subsection (1) applies subject to new sections 325 to 327. Page 148 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 7 Transitional provisions [s 329]

329 Price publication requirements of area retailers for FRC (1) Each area retailer must, before the following day, publish and give the Minister and QCA a list of the indicative prices that it proposes to charge its small customers under a standard retail contract for the provision of customer retail services on the FRC day— (a) if, before 31 March 2007, a day is prescribed under a regulation—the prescribed day; (b) otherwise—31 March 2007. Maximum penalty—500 penalty units. (2) For subsection (1), the indicative prices are the prices that the retailer reasonably estimates that it will be charging the customers for the services, other than for the following anticipated charges that it will pass on to them— (a) network use of system charges; (b) network FRC charges passed on to the area retailer from distributors; (c) charges from the GRMO. (3) Each area retailer must, on the earlier of the following days, publish and give the Minister and QCA a list of its actual prices for the services— (a) the day that is 20 days after the last of the charges mentioned in subsection (2) is fixed; (b) the day that is 5 days before the FRC day. Maximum penalty—500 penalty units. (4) A publication of actual prices under subsection (3) may be included in a publication of the area retailer’s standard terms under new section 206, as that section applies because of new section 330. (5) In this section— network FRC charges means charges for costs incurred by distributors in implementing the amendments to this Act Current as at 1 July 2015 Page 149 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 7 Transitional provisions [s 330] under the amendment Act that, under their approved access arrangements, may be passed on to customers. network use of system charges means charges by the relevant distributor for customer connection services and the transportation of processed natural gas. publish means publish on the area retailer’s website.

330 Area retailer’s obligations about standard terms apply 1 month before FRC day (1) New sections 160, 205 and 206 apply to each area retailer as if the sections had commenced 1 month before the FRC day. (2) However, subsection (1) does not apply for the retailer’s standard terms to the extent the terms are its prices for customer retail services. (3) Also, if the retailer gives a list as required under new section 329(3), the retailer may amend its standard terms to include the prices without complying with new section 206.

331 Price publication requirements of general retailers for FRC Each general retailer must, before the FRC day, publish on its website and give QCA a list of its prices on the FRC day for its charges to small customers under a standard retail contract for customer retail services.

332 Existing mediated agreements Former section 264 continues to apply for a mediated agreement under the pre-amended Act as if the section were still in force.

333 Existing orders on arbitrated disputes Former section 265 continues to apply for an order made under the section as if the section were still in force. Page 150 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 7 Transitional provisions [s 334] Part 2 Transitional provision for Mines and Energy Legislation Amendment Act 2009

334 Continued protection from civil liability for particular persons (1) This section applies to each of the following persons (a relevant person)— (a) the GRMO; (b) a director or other officer of the GRMO acting within the scope of the person’s directorship or other office with the GRMO; (c) an employee of the GRMO acting within the course of the employee’s employment with the GRMO. (2) Section 315(2) to (4) continues to apply to a relevant person. (3) In this section— GRMO means a body corporate— (a) appointed by the Minister under section 257A, as in force immediately before the commencement of this section, to be the gas retail market operator; and (b) in existence as the operator immediately before the commencement of this section. Current as at 1 July 2015 Page 151 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 7 Transitional provisions [s 335] Part 3 Transitional provisions for Electricity Competition and Protection Legislation Amendment Act 2014

335 Definition for pt 3 In this part— commencement means the commencement of this section.

336 Continuation of cancellation or suspension of distribution authorities (1) This section applies if, before the commencement— (a) an event mentioned in section 57(2) has happened; and (b) the regulator had commenced procedures under section 58 or chapter 2, part 1, division 3, subdivision 5 in relation to the event for cancellation or suspension of a distribution authority. (2) This Act, as in force immediately before the commencement, continues to apply for the cancellation or suspension of the distribution authority.

337 Unfinished customer connection services (1) This section applies if— (a) before the commencement, a customer and a distributor have entered into a connection contract under section 106; and (b) at the commencement, the customer’s premises are not physically connected to the distributor’s distribution system. (2) Section 108 as in force immediately before the commencement, continues to apply to the construction of the connection under the connection contract. Page 152 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 7 Transitional provisions [s 338]

338 Undecided retail authority applications (1) This section applies if, before the commencement, a person applied to the regulator for a retail authority but the application had not been decided. (2) The application lapses. Note— The person may be able to apply for a retailer authorisation under the NERL (Qld).

339 Existing retail authorities (1) This section applies if, immediately before the commencement, a person was the holder of a retail authority. (2) The retail authority ceases to have effect. Note— The retail sale of processed natural gas is regulated under the NERL (Qld) from the commencement.

340 Continuation of actions by QCA (1) This section applies if, before the commencement— (a) QCA has given a warning notice under former section 270R to a distributor or retailer; or (b) QCA has given a code contravention notice, under former section 270U, to a distributor or retailer; or (c) QCA has, under former section 270W, applied to the Supreme Court for an order about the payment of a civil penalty by a distributor or retailer; or (d) QCA has, under former chapter 5A, part 5, division 3, referred a matter to the regulator; or (e) QCA has given a distributor or retailer a notice under former section 270ZE to produce documents or information; or Current as at 1 July 2015 Page 153 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Chapter 7 Transitional provisions [s 341] (f) QCA has, under former section 270ZG, required a distributor or retailer to carry out an internal audit or to appoint an independent auditor. (2) QCA may continue to take action under chapter 5A, part 5 as in force immediately before the commencement. (3) In this section— former, for a provision mentioned in this section, means the provision as in force immediately before the commencement.

341 Regulator may continue to impose civil penalties (1) This section applies if, before the commencement— (a) a matter mentioned in section 270ZK, as in force immediately before the commencement, was referred to the regulator; and (b) the regulator has not yet exercised a power under section 270ZL in relation to the matter. (2) The regulator may exercise the power under section 270ZL in relation to the matter. Page 154 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Schedule 1 Schedule 1 Decisions subject to internal review section 271(1) Section reference Description of decision 31 or 36 Refusal of distribution authority application

56 Refusal of amendment application

58 Giving of suspension notice for immediate suspension of distribution authority

58 Fixing of period of suspension for distribution authority

62 Amendment, cancellation or suspension of distribution authority

65 Refusal of renewal application for distribution authority

69 Refusal of transfer application for distribution authority or to impose a condition on the transfer, other than a condition mentioned in section 69(5)

73 Refusal of surrender application for distribution authority or to impose a condition on the surrender, other than a condition mentioned in section 73(5)

87 Giving of work direction by public entity to distributor

243 Amendment of contingency supply plan

245 Requirement of industry participant to give the regulator information Current as at 1 July 2015 Page 155 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Schedule 1 Section reference Description of decision

268 Requirement of distributor, retailer or public entity to give the regulator information

314 Refusal of application to replace authority Page 156 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Schedule 2 Schedule 2 Dictionary section 7 acceptance notice see section 35(1)(d). AEMO has the meaning given under the National Gas (Queensland) Law. appropriately qualified, for the performance of a function or exercise of a power, includes having the qualifications, experience and competence to perform the function or exercise the power. approved access arrangement means an access arrangement approved by the relevant regulator under the National Gas Law. approved form means the form approved by the regulator under section 322. body corporate Act means any Act as follows— (a) Body Corporate and Community Management Act 1997; (b) Building Units and Group Titles Act 1980; (c) Integrated Resort Development Act 1987; (d) Mixed Use Development Act 1993; (e) Registration of Plans (H.S.P. (Nominees) Pty. Limited) Enabling Act 1980; (f) Registration of Plans (Stage 2) (H.S.P. (Nominees) Pty. Limited) Enabling Act 1984. code contravention notice see section 270R(1). conduct assurance see section 270S(1)(b)(ii). connection contract see section 106(1). consequential work see section 92(1)(b). consequential work requirement see section 92(2). Current as at 1 July 2015 Page 157 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Schedule 2 consumption, of a substance, includes using it to produce heat, light or power or for air-conditioning or refrigeration. content requirements, for a contingency supply plan, see section 239(1). contingency supply plan, of an industry participant, means the industry participant’s contingency supply plan made under section 237, as amended from time to time under section 243. contravention notice see section 271AC(1). corresponding authority, for a distribution authority, means an authority or licence, however called, issued under any of the following that is similar to the distribution authority— (a) Gas Supply Act 1996 (NSW); (b) Gas Act 1997 (SA); (c) Gas Industry Act 2001 (Vic); (d) Gas Act 2000 (Tas); (e) Energy Coordination Act 1994 (WA); (f) Energy Operators (Powers) Act 1979 (WA); (g) Utilities Act 2000 (ACT); (h) another law of a State relating to the transport or supply of processed natural gas. covered pipeline means a pipeline that, under the National Gas Law, is a covered pipeline. Note— See the National Gas (Queensland) Law, section 2, definition covered pipeline. criminal history means history of convictions other than a spent conviction, for offences committed in the State or elsewhere. customer see section 16. customer connection services see section 19. decision notice see section 35(1). Page 158 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Schedule 2 disconnect, for customer connection services, includes— (a) cessation, curtailment and interruption; and (b) a refusal to connect or reconnect. distribution area see section 21(a). distribution authority see section 21. distribution network code means— (a) an initial distribution network code; or (b) a distribution network code made by QCA under chapter 5A and as amended from time to time under that chapter. distribution officer, for a distributor, means a person appointed, under section 132, as a distribution officer for the distributor, whose appointment is still in force. distribution pipeline see section 13. distribution system see section 14. distributor see section 22. Electricity Act means the Electricity Act 1994. energy and water ombudsman means the energy and water ombudsman under the Energy and Water Ombudsman Act 2006. excluded customer see section 16(4). executive officer, of a corporation, means a person who is concerned with, or takes part in, its management, whether or not the person is a director or the person’s position is given the name of executive officer. exempt seller means an exempt seller under the NERL (Qld), that sells gas to a customer in Queensland. external review, for a decision, means a review of the decision by QCAT under the QCAT Act. gas infrastructure see section 75(1). gas infrastructure work see section 75(2). Current as at 1 July 2015 Page 159 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Schedule 2 gas retail market procedures means— (a) the retail market procedures made under the National Gas (Queensland) Law, section 294A, that regulate the Queensland retail gas market (the initial procedures); and (b) the retail market procedures made by AEMO under the National Gas (Queensland) Law, section 91M, that regulate the Queensland retail gas market, including procedures that amend— (i) the initial procedures; or (ii) other procedures made by AEMO. holder, of an authority under this Act, means each person recorded in the register of authorities as its holder. industry participant see section 236. information notice, for a decision, means a notice stating each of the following— (a) the decision; (b) reasons for the decision; (c) the rights of— (i) internal review under this Act for the decision; or (ii) referral, under the Energy and Water Ombudsman Act 2006, for the decision; (d) the period within which any internal review or referral must be started or made; (e) how the rights of internal review or referral must be exercised; (f) for a right of internal review—that a stay of a decision the subject of internal review under this Act may be applied for under this Act. initial distribution network code means an initial distribution network code made by the Minister under chapter 5A and as amended from time to time under that chapter. insufficiency of supply declaration see section 251. Page 160 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Schedule 2 insufficiency of supply direction see section 254(1). internal review application see section 271(1). internal review decision see section 274(1)(b). internal review notice see section 278(1). lot includes a parcel of land. LPG, also called ‘LP gas’ and ‘liquefied petroleum gas’, means a substance that— (a) is in a gaseous state at standard temperature and pressure; and (b) is more than half propane, propylene (also called propene) or butane, in any combination; and (c) has been processed to be suitable for consumption. LPG distribution pipeline means a pipeline that— (a) only transports LPG; and (b) would, other than for the fact that it only transports LPG, be a distribution pipeline as defined under section 13. LPG distribution system means a system of pipelines, meters and other equipment that— (a) is only for LPG; and (b) would, other than for the fact that the system is only for LPG, be a distribution system as defined under section 14. LPG distributor means a person who— (a) owns or operates an LPG distribution pipeline or LPG distribution system; and (b) provides services to premises that— (i) relate to the pipeline or system; and (ii) would, if the pipeline or system was a distribution pipeline or system, be customer connection services as defined under section 19. Current as at 1 July 2015 Page 161 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Schedule 2 meter means a device used to work out, by direct measurement, the energy, mass or volume of processed natural gas transferred from one place to another. MIRN means a meter identification registration number under the gas retail market procedures. MIRN premises—

1 A MIRN premises is premises, a part of premises or a group of premises— (a) that, under the gas retail market procedures, has an established metering installation with a MIRN; or (b) for which, under the gas retail market procedures, a metering installation with a MIRN is to be established.

2 However, the term does not include a premises of an excluded customer. national gas agreement means the ‘Natural Gas Pipelines Access Agreement’ relating to third party access to natural gas pipeline systems entered into by the Commonwealth and all of the States on 7 November 1997, or the agreement as amended. Editor’s note— A copy of the agreement is available for inspection free of charge at the department’s office at 61 Mary Street, Brisbane during office hours on business days. National Gas Law means both of the following— (a) the National Gas (Queensland) Act 2008; (b) the National Gas (Queensland) Law. NERL (Qld) see the National Energy Retail Law (Queensland) Act 2014, section 3(1). notice means a written notice. notified prices see section 228(3). on a publicly controlled or other place includes over or under the place. on-supplier see section 213. Page 162 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Schedule 2 on-supplier’s premises see section 213(3). original decision see section 271(1). Petroleum and Gas (Production and Safety) Act means the Petroleum and Gas (Production and Safety) Act 2004. premises, of a customer, means premises owned or occupied by the customer. prevent includes each of the following— (a) hinder; (b) obstruct. pricing investigation see section 227A(1)(a). processed natural gas see section 11. proposed action see section 60(1)(a). public entity— (a) generally—see section 76; and (b) for a publicly controlled place—see also section 77(3). public entity work see section 90. publicly controlled place see section 77. QCA means the Queensland Competition Authority established under the QCA Act. QCA Act means the Queensland Competition Authority Act 1997. QCA code objective see section 270F(1). QCAT information notice means a notice complying with the QCAT Act, section 157(2). reasonably believes means to believe on grounds that are reasonable in the circumstances. receiver, for an on-supplier, see section 213(4). register of authorities means the register the regulator keeps under section 308. regulator see section 8. Current as at 1 July 2015 Page 163 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Schedule 2 remedial action see section 96. remedial action requirement see section 97. retail contract means a negotiated retail contract or a standard retail contract. retailer means a retailer under the NERL (Qld), that sells gas to a customer in Queensland. retailer of last resort scheme means the RoLR scheme under the NERL (Qld), section 122. reticulated, for processed natural gas, see section 15. reviewer see section 271(2). RTI excluded information means information that is— (a) exempt information under the Right to Information Act 2009; or (b) information disclosure of which could reasonably be expected to cause a public interest harm as mentioned in the Right to Information Act 2009, schedule 4, part 4. sell includes each of the following— (a) give or sell; (b) agree, attempt or offer to give or sell; (c) advertise to give or sell; (d) cause or permit to be given or sold; (e) give away for swap. small customer see section 16(3). spent conviction means a conviction— (a) for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and (b) that is not revived as prescribed by section 11 of that Act. standard temperature and pressure means an absolute pressure of 101.325kPa at a temperature of 15ºC. Page 164 Current as at 1 July 2015 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Schedule 2 Statewide newspaper means a newspaper or other publication generally circulating in the State. substantial shareholder, in a corporation, means a person who under the Corporations Act, has a substantial shareholding in the corporation. suitability criteria see section 32(2). supply, for processed natural gas, includes the transportation or sale of processed natural gas. transmission pipeline see section 12. transmission pipeline licence means a licence under the Petroleum and Gas (Production and Safety) Act for a transmission pipeline. warning notice— (a) for chapter 5A, part 5—see section 270R(1); or (b) for chapter 6, part 1B, division 1—see section 271AC(1). warning period see section 271AD(1)(c). work direction see section 87(2). Current as at 1 July 2015 Page 165 Authorised by the Parliamentary Counsel Gas Supply Act 2003 Endnotes

1 Index to endnotes 2 Key 3 Table of reprints 4 List of legislation 5 List of annotations

2 Key Key to abbreviations in list of legislation and annotations Key Explanation Key Explanation AIA = Acts Interpretation Act (prev) = previously 1954 amd = amended proc = proclamation amd = amendment prov = provision t ch = chapter pt = part def = definition pubd = published div = division R[X] = Reprint No.[X] exp = expires/expired RA = Reprints Act 1992 gaz = gazette reloc = relocated hdg = heading renu = renumbered m ins = inserted rep = repealed lap = lapsed (retro = retrospectively ) notf = notified rv = revised version d num = numbered s = section Page 166 Current as at 1 July 2015 Gas Supply Act 2003 Endnotes Key Explanation Key Explanation o in = order in council sch = schedule c om = omitted sdiv = subdivision orig = original SIA = Statutory Instruments Act 1992 p = page SIR = Statutory Instruments Regulation 2012 para = paragraph SL = subordinate legislation prec = preceding sub = substituted pres = present unnu = unnumbered m prev = previous

3 Table of reprints A new reprint of the legislation is prepared by the Office of the Queensland Parliamentary Counsel each time a change to the legislation takes effect. The notes column for this reprint gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. Section 5(c) and (d) of the Act are not mentioned as they contain mandatory requirements that all amendments be included and all necessary consequential amendments be incorporated, whether of punctuation, numbering or another kind. Further details of the use of any discretionary editorial power noted in the table can be obtained by contacting the Office of the Queensland Parliamentary Counsel by telephone on 3003 9601 or email legislation.queries@oqpc.qld.gov.au. From 29 January 2013, all Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints is not continued with the relevant details for historical reprints included in this table. Reprint Amendments Effective Notes No. included 1 none 1 July 2003 Current as at 1 July 2015 Page 167 Gas Supply Act 2003 Endnotes Reprint Amendments Effective Notes No. included 1A 2004 Act No. 25 31 December 2004 (amd 2004 Act No. 26) 1B 2005 Act No. 51 2 November 2005 1C 2006 Act No. 9 15 March 2006 1D 2006 Act No. 60 7 December 2006 2 2006 Act No. 60 1 July 2007 (amd 2007 Act No. 17; 2007 Act No. 29) 2A 2008 Act No. 11 31 March 2008 2B 2008 Act No. 27 1 July 2008 2C rv 2009 Act No. 13 1 July 2009

2009 Act No. 16 2D rv 2009 Act No. 24 1 December 2009 2E rv 2010 Act No. 53 1 December 2010 2F rv 2010 Act No. 54 1 January 2011 R2F rv withdrawn, see R3 3 — 1 January 2011 3A 2010 Act No. 44 30 January 2012 Current as at Amendments included Notes

23 September 2013 rv 2013 Act No. 39 RA ss 21A, 27, 35, 44, 44A

1 July 2015 2014 Act No. 48 RA ss 35, 44

4 List of legislation Gas Supply Act 2003 No. 29 Page 168 Current as at 1 July 2015 Gas Supply Act 2003 Endnotes date of assent 23 May 2003 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2003 (2003 SL No. 121) amending legislation— Petroleum and Gas (Production and Safety) Act 2004 No. 25 ss 1, 2(2), 969–989 (prev ss 909–929) (this Act is amended, see amending legislation below) date of assent 12 October 2004 ss 1–2 commenced on date of assent remaining provisions commenced 31 December 2004 (2004 SL No. 308) amending legislation— Petroleum and Other Legislation Amendment Act 2004 No. 26 ss 1–2(1), 257, 69(2) sch (amends 2004 No. 25 above) date of assent 12 October 2004 ss 1–2 commenced on date of assent remaining provisions commenced 13 October 2004 (see s 2(1)) Energy Legislation Amendment Act 2005 No. 51 s 1, pt 4 date of assent 2 November 2005 commenced on date of assent Audit Legislation Amendment Act 2006 No. 9 pts 1, 11 date of assent 15 March 2006 commenced on date of assent Electricity and Other Legislation Amendment Act 2006 No. 60 pts 1, 4, s 58 sch (this Act is amended, see amending legislation below) date of assent 7 December 2006 ss 1–2, pt 4 hdg, s 58 (to the extent it relates to the amdts under s 167), 167 commenced on date of assent (see s 2) remaining provisions commenced 1 July 2007 (2007 SL No. 15) amending legislation— Community Ambulance Cover and Other Acts Amendment Act 2007 No. 17 ss 1, 2(2), 37, 45–49 (amends 2006 No. 60 above) date of assent 23 April 2007 commenced on date of assent (see s 2(2)) Revenue and Other Legislation Amendment Act 2007 No. 29 ss 1, 10, 13 (amends

2006 No. 60 above) date of assent 15 June 2007 commenced on date of assent Gas Supply Amendment Act 2008 No. 11 date of assent 17 March 2008 ss 1–2 commenced on date of assent remaining provisions commenced 31 March 2008 (see s 2) National Gas (Queensland) Act 2008 No. 27 ss 1–2(1), 25–26 date of assent 9 May 2008 ss 1–2 commenced on date of assent Current as at 1 July 2015 Page 169 Gas Supply Act 2003 Endnotes remaining provisions commenced 1 July 2008 (2008 SL No. 195 see also National Gas (South Australia) Act 2008 (SA) s 7) Right to Information Act 2009 No. 13 ss 1–2, 213 sch 5 date of assent 12 June 2009 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2009 (2009 SL No. 132) Mines and Energy Legislation Amendment Act 2009 No. 16 ss 1, 2(2), pt 6 date of assent 12 June 2009 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2009 (2009 SL No. 109) Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009 No. 24 ss 1–2, ch 5 pt 36 date of assent 26 June 2009 ss 1–2 commenced on date of assent remaining provisions commenced 1 December 2009 (2009 SL No. 252) Personal Property Securities (Ancillary Provisions) Act 2010 No. 44 ss 1–2, ch 4 pt 20 date of assent 14 October 2010 ss 1–2 commenced on date of assent remaining provisions commenced 30 January 2012 (2011 SL No. 262) Water and Other Legislation Amendment Act 2010 No. 53 ss 1, 258 sch 2 date of assent 1 December 2010 commenced on date of assent Fair Trading (Australian Consumer Law) Amendment Act 2010 No. 54 ss 1–2, 67 sch date of assent 1 December 2010 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 2011 (2010 SL No. 359) Treasury and Trade and Other Legislation Amendment Act 2013 No. 39 ss 1, 43 sch 1, 109 sch 2 date of assent 23 September 2013 commenced on date of assent Electricity Competition and Protection Legislation Amendment Act 2014 No. 48 pts 1, 5 s 183 sch 1 date of assent 26 September 2014 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2015 (2014 SL No. 335)

5 List of annotations Long title amd 2006 No. 60 s 59 Main purposes of Act s 3 amd 2006 No. 60 s 60; 2009 No. 16 s 36 sub 2014 No. 48 s 109 Page 170 Current as at 1 July 2015 Gas Supply Act 2003 Endnotes Gas-related matters to which Act does not apply s 4 amd 2006 No. 60 s 61; 2014 No. 48 s 110 Declaration for Commonwealth Act s 5A ins 2010 No. 44 s 108 sub 2014 No. 48 s 111 PART 3—INTERPRETATION Definitions s 7 amd 2006 No. 60 s 58 sch Division 2—Key definitions What is fuel gas s 9 om 2006 No. 60 s 62 What is LPG s 10 amd 2006 No. 60 s 63(1)–(2) om 2006 No. 60 s 63(3) Subdivision 2—Processed natural gas sdiv hdg sub 2006 No. 60 s 58 sch What is a transmission pipeline s 12 amd 2006 No. 60 s 64 What is a distribution pipeline s 13 amd 2006 No. 60 s 65 What is a distribution system s 14 amd 2006 No. 60 s 66 When processed natural gas is reticulated s 15 amd 2006 No. 60 s 67 Customers and their types s 16 sub 2006 No. 60 s 68 amd 2014 No. 48 s 112 Types of customers s 17 sub 2006 No. 60 s 68 om 2014 No. 48 s 113 Who is a protected customer s 18 amd 2005 No. 51 s 12 om 2006 No. 60 s 68 What are customer connection services s 19 amd 2006 No. 60 s 69 What are customer retail services s 20 amd 2006 No. 60 s 70 om 2014 No. 48 s 113 What are a distribution authority and distribution area Current as at 1 July 2015 Page 171 Gas Supply Act 2003 Endnotes s 21 amd 2006 No. 60 s 71 sub 2014 No. 48 s 114 Distributors and references to distributors s 22 amd 2006 No. 60 s 72 Types of distribution authority and their distributors s 23 amd 2005 No. 51 s 13; 2006 No. 60 s 73 om 2014 No. 48 s 115 Subdivision 7—Retail authorities and retailers sdiv hdg om 2014 No. 48 s 116 What is a retail authority s 24 om 2014 No. 48 s 116 Retailers and references to retailers s 25 amd 2006 No. 60 s 74 om 2014 No. 48 s 116 Types of retail authority and their retailers s 26 amd 2005 No. 51 s 14 om 2014 No. 48 s 116 CHAPTER 2—PROCESSED NATURAL GAS DISTRIBUTION ch hdg amd 2006 No. 60 s 75 Requirements for application s 28 amd 2005 No. 51 s 15; 2006 No. 60 s 76; 2014 No. 48 s 117 Public notice by regulator and submissions s 29 amd 2005 No. 51 s 16; 2009 No. 13 s 213 sch 5; 2014 No. 48 s 118 Competitive tender process for greenfield distribution authority s 30 om 2005 No. 51 s 17 Deciding application s 31 amd 2005 No. 51 s 18 Additional criteria for greenfield distribution authority application s 33 om 2005 No. 51 s 19 Term of authority s 34 amd 2005 No. 51 s 20 Issue and public notice of authority s 37 amd 2005 No. 51 s 21; 2014 No. 48 s 119 General conditions s 40 amd 2004 No. 25 s 970 Obligation to operate and maintain distribution pipes s 42 amd 2006 No. 60 s 77 Restriction for distributors s 43 amd 2014 No. 48 s 120 Page 172 Current as at 1 July 2015 Gas Supply Act 2003 Endnotes Exclusive rights must not be contravened s 44 om 2005 No. 51 s 22 Additional condition for greenfield distribution authority s 45 om 2005 No. 51 s 22 Standard for distribution pipes s 46 amd 2004 No. 25 s 971 Contingency practices and procedures s 48 amd 2006 No. 60 s 78; 2014 No. 48 s 121 Compliance with distribution network codes s 50A ins 2006 No. 60 s 79 amd 2014 No. 48 s 183 sch 1 Membership of energy ombudsman scheme s 50B ins 2006 No. 60 s 79 amd 2010 No. 53 s 258 sch 2 Amendments for which proposed action notice is not required s 52 amd 2005 No. 51 s 23; 2006 No. 60 s 58 sch Applying for amendment s 55 amd 2005 No. 51 s 24 Conditions for amendment, cancellation or suspension s 57 amd 2004 No. 25 s 972; 2006 No. 60 s 80; 2009 No. 16 s 37; 2014 No. 48 s 183 sch 1 Notice of proposed action s 60 amd 2014 No. 48 s 122 Applying for renewal s 64 amd 2005 No. 51 s 25 Division 5—Service quality standards div hdg om 2006 No. 60 s 81 Standards about quality of customer connection services s 74 om 2006 No. 60 s 81 What is gas infrastructure and gas infrastructure work s 75 amd 2006 No. 60 s 82 References to distributor in pt 2 includes a reference to LPG distributor s 75A ins 2006 No. 60 s 83 Right to carry out work on publicly controlled place s 78 amd 2006 No. 60 s 84 General obligations in carrying out work s 85 amd 2004 No. 25 s 973 Compliance with work direction s 88 amd 2004 No. 25 s 974 Current as at 1 July 2015 Page 173 Gas Supply Act 2003 Endnotes Compliance with consequential work requirement s 93 amd 2004 No. 25 s 975 Compliance with remedial action requirement s 98 amd 2004 No. 25 s 976 Application of pt 3 s 102 amd 2005 No. 51 s 26 sub 2014 No. 48 s 123 Deciding application s 104 amd 2006 No. 60 s 85 Information notice for refusal of services s 104A ins 2006 No. 60 s 86 Distributor’s obligation to propose terms s 105 amd 2006 No. 60 s 87 Connection contract s 106 amd 2006 No. 60 s 88 Cooling-off period for customer connection contracts s 107 om 2006 No. 60 s 89 Commencement of customer connection services s 108 amd 2006 No. 60 s 90; 2014 No. 48 s 124 Limits on provision of customer connection services s 109 amd 2004 No. 25 s 977; 2006 No. 60 s 91; 2014 No. 48 s 183 sch 1 Subdivision 3—Requirements for connection contracts sdiv hdg ins 2006 No. 60 s 92 General limits on what may be negotiated s 109A ins 2006 No. 60 s 92 amd 2014 No. 48 s 183 sch 1 Provisions for small customers s 109B ins 2006 No. 60 s 92 amd 2014 No. 48 s 183 sch 1 Provisions for large customers s 109C ins 2006 No. 60 s 92 amd 2014 No. 48 ss 125, 183 sch 1 Division 3—Changes to processed natural gas installation div hdg amd 2006 No. 60 s 93 Obligation to give information to allow proposed changes s 111 amd 2006 No. 60 s 94 Applying to change connection s 112 amd 2006 No. 60 s 95 Division 4—Provisions about what is fair and reasonable Page 174 Current as at 1 July 2015 Gas Supply Act 2003 Endnotes div hdg om 2006 No. 60 s 96 Operation of div 4 s 113 om 2006 No. 60 s 96 Terms approved by regulator s 114 om 2006 No. 60 s 96 Services provided under approved access arrangement s 115 om 2006 No. 60 s 96 Differing methods of charging s 116 om 2006 No. 60 s 96 Customer connection contracts s 117 om 2006 No. 60 s 96 Differing security s 118 om 2006 No. 60 s 96 Different terms that are reasonable s 119 om 2006 No. 60 s 96 Division 5—Discontinuance and recommencement div hdg om 2006 No. 60 s 96 When distributor may discontinue s 120 amd 2004 No. 25 s 978 om 2006 No. 60 s 96 Request by retailer to discontinue s 121 om 2006 No. 60 s 96 When distributor must discontinue s 122 om 2006 No. 60 s 96 Recommencement s 123 amd 2004 No. 25 s 979 om 2006 No. 60 s 96 Compensation for failure to discontinue or recommence s 124 om 2006 No. 60 s 96 Operation of pt 4 s 125 amd 2006 No. 60 s 97; 2014 No. 48 s 126 Distributor must provide meter s 126 amd 2006 No. 60 s 98 Alternative measurement s 131 amd 2006 No. 60 s 99 Division 1A—Preliminary div hdg ins 2006 No. 60 s 100 References to distributor and processed natural gas in pt 5 Current as at 1 July 2015 Page 175 Gas Supply Act 2003 Endnotes s 131A ins 2006 No. 60 s 100 Functions s 133 amd 2006 No. 60 s 101 Power to enter for emergency s 140 amd 2006 No. 60 s 102 PART 6—MARKET OPERATING ARRANGEMENTS IN NATURAL GAS MARKET pt hdg om 2006 No. 60 s 103 Regulation-making power for arrangements s 146 om 2006 No. 60 s 103 Tabling and inspection of code of conduct s 147 om 2006 No. 60 s 103 CHAPTER 3—SUPPLY OF RETICULATED PROCESSED NATURAL GAS ch hdg amd 2006 No. 60 s 104 PART 1—RETAILERS AND PARTICULAR EXEMPT SELLERS pt hdg sub 2014 No. 48 s 127 Division 1—Applying for and obtaining retail authority div hdg om 2014 No. 48 s 128 Subdivision 1—Application sdiv hdg om 2014 No. 48 s 128 Subdivision 2—Steps after deciding application sdiv hdg om 2014 No. 48 s 128 Division 2—Retail authority conditions div hdg om 2014 No. 48 s 129 Subdivision 1—Preliminary sdiv hdg om 2006 No. 60 s 58 sch Subdivision 2—Information, charges and accounts sdiv hdg om 2006 No. 60 s 106 Subdivision 3—Discontinuance and recommencement sdiv hdg om 2006 No. 60 s 106 Subdivision 4—Other conditions sdiv hdg om 2006 No. 60 s 58 sch Division 3—Amendment, cancellation and suspension of retail authority div hdg om 2014 No. 48 s 131 Subdivision 1—Amendment by regulator sdiv hdg om 2014 No. 48 s 131 Subdivision 2—Amendment by application sdiv hdg om 2014 No. 48 s 131 Page 176 Current as at 1 July 2015 Gas Supply Act 2003 Endnotes Subdivision 3—Cancellation and suspension sdiv hdg om 2014 No. 48 s 131 Subdivision 4—Procedure for immediate suspension sdiv hdg om 2014 No. 48 s 131 Subdivision 5—Procedure for amendment, cancellation or suspension other than immediate suspension sdiv hdg om 2014 No. 48 s 131 Division 4—Dealings with retail authority div hdg om 2014 No. 48 s 131 Subdivision 1—Renewals sdiv hdg om 2014 No. 48 s 131 Subdivision 2—Transfers sdiv hdg om 2014 No. 48 s 131 Subdivision 3—Mortgages sdiv hdg om 2014 No. 48 s 131 Subdivision 4—Surrenders sdiv hdg om 2014 No. 48 s 131 Who may apply for retail authority s 148 amd 2006 No. 60 s 105 om 2014 No. 48 s 128 Requirements for application s 149 amd 2005 No. 51 s 27 om 2014 No. 48 s 128 Public notice by regulator and submissions s 150 amd 2005 No. 51 s 28; 2009 No. 13 s 213 sch 5 om 2014 No. 48 s 128 Deciding application s 151 om 2014 No. 48 s 128 Criteria for deciding application s 152 om 2014 No. 48 s 128 Additional criteria for exclusive retail authority application s 153 om 2005 No. 51 s 29 Term of authority s 154 amd 2005 No. 51 s 30 om 2014 No. 48 s 128 Notice of decision to grant application s 155 om 2014 No. 48 s 128 Lapsing of application if conditions not accepted s 156 om 2014 No. 48 s 128 Current as at 1 July 2015 Page 177 Gas Supply Act 2003 Endnotes Issue and public notice of authority s 157 amd 2005 No. 51 s 31 om 2014 No. 48 s 128 Information notice about refusal s 158 om 2014 No. 48 s 128 Operation of div 2 s 159 amd 2005 No. 51 s 32; 2006 No. 60 s 58 sch om 2014 No. 48 s 129 Obligation to have standard terms before providing customer retail services s 160 sub 2006 No. 60 s 106 om 2014 No. 48 s 129 Information obligations to customers s 161 om 2006 No. 60 s 106 Account intervals s 162 om 2006 No. 60 s 106 Required content for accounts s 163 om 2006 No. 60 s 106 Notice requirements for discontinuance s 164 om 2006 No. 60 s 106 Obligation to give recommencement notice s 165 om 2006 No. 60 s 106 General conditions s 166 amd 2004 No. 25 s 980 om 2014 No. 48 s 129 General right of retailer s 167 amd 2005 No. 51 s 33; 2006 No. 60 s 107 om 2014 No. 48 s 129 Ring fencing requirement s 168 om 2014 No. 48 s 129 Restriction on general retailers s 169 amd 2006 No. 60 s 108 (amd 2007 No. 17 s 45) om 2014 No. 48 s 129 Restriction on providing customer retail services to excluded customer’s premises s 170 orig s 170 om 2005 No. 51 s 34 prev s 170 ins 2006 No. 60 s 109 (amd 2007 No. 17 s 46) om 2014 No. 48 s 129 Area retailers—restriction for excluded customers s 171 amd 2006 No. 60 s 110 om 2014 No. 48 s 129 Telephone hotline Page 178 Current as at 1 July 2015 Gas Supply Act 2003 Endnotes s 172 om 2006 No. 60 s 111 Compliance with contingency supply plan requirements s 173 om 2014 No. 48 s 129 Participation in retailer of last resort scheme s 174 om 2014 No. 48 s 129 Compliance with industry codes s 174A ins 2006 No. 60 s 112 om 2014 No. 48 s 129 Membership of energy ombudsman scheme s 174B ins 2006 No. 60 s 112 amd 2010 No. 53 s 258 sch 2 om 2014 No. 48 s 129 Conditions imposed under a regulation s 175 om 2014 No. 48 s 129 Retailer or particular exempt sellers must enter into community services agreement s 175A ins 2008 No. 11 s 4 amd 2014 No. 48 s 130 Amendments for which proposed action notice is not required s 176 om 2014 No. 48 s 131 Amendments for which proposed action notice is required s 177 om 2014 No. 48 s 131 Imposed condition can not be amended s 178 om 2014 No. 48 s 131 Applying for amendment s 179 om 2014 No. 48 s 131 Deciding application s 180 om 2014 No. 48 s 131 Conditions for amendment, cancellation or suspension s 181 amd 2004 No. 25 s 981; 2006 No. 60 s 113; 2009 No. 16 s 38 om 2014 No. 48 s 131 Immediate suspension s 182 om 2014 No. 48 s 131 Application of sdiv 5 s 183 om 2014 No. 48 s 131 Notice of proposed action s 184 om 2014 No. 48 s 131 Considering submissions s 185 om 2014 No. 48 s 131 Decision on proposed action Current as at 1 July 2015 Page 179 Gas Supply Act 2003 Endnotes s 186 om 2014 No. 48 s 131 Notice and taking of effect of proposed action decision s 187 om 2014 No. 48 s 131 Applying for renewal s 188 amd 2005 No. 51 s 35 om 2014 No. 48 s 131 Deciding renewal application s 189 om 2014 No. 48 s 131 Continuing effect of authority for renewal application s 190 om 2014 No. 48 s 131 Transfer only by application s 191 om 2014 No. 48 s 131 Applying for transfer s 192 om 2014 No. 48 s 131 Deciding transfer application s 193 om 2014 No. 48 s 131 Mortgage of retail authority s 194 om 2014 No. 48 s 131 Notice of intention to exercise powers under mortgage s 195 om 2014 No. 48 s 131 Consequence of exercising powers under mortgage s 196 om 2014 No. 48 s 131 Surrenders s 197 om 2014 No. 48 s 131 Applying to area retailer for provision of customer retail services s 198 sub 2006 No. 60 s 114 om 2014 No. 48 s 131 Deciding application s 199 sub 2006 No. 60 s 114 (amd 2007 No. 17 s 47) om 2014 No. 48 s 131 PART 2—CUSTOMER RETAIL SERVICES pt hdg sub 2006 No. 60 s 114 om 2014 No. 48 s 131 Division 1—Applying for and obtaining customer retail services by small customer div hdg sub 2006 No. 60 s 114 om 2014 No. 48 s 131 Subdivision 1—Applying for customer retail services sdiv hdg om 2006 No. 60 s 114 Subdivision 2—Steps after granting application Page 180 Current as at 1 July 2015 Gas Supply Act 2003 Endnotes sdiv hdg om 2006 No. 60 s 114 Information notice for refusal of services to small customer s 200 sub 2006 No. 60 s 114 om 2014 No. 48 s 131 Area retailer obligation s 201 sub 2006 No. 60 s 114 om 2014 No. 48 s 131 Things to which area retailer obligation is subject s 202 sub 2006 No. 60 s 114 om 2014 No. 48 s 131 When area retailer obligation does not apply s 203 sub 2006 No. 60 s 114 om 2014 No. 48 s 131 Division 2—Standard retail contracts div hdg sub 2006 No. 60 s 114 om 2014 No. 48 s 131 Standard retail contract for particular small customers s 204 sub 2006 No. 60 s 114 amd 2009 No. 16 s 39 om 2014 No. 48 s 131 Retailer’s standard terms for small customers s 205 sub 2006 No. 60 s 114 om 2014 No. 48 s 131 Publication of standard terms s 206 sub 2006 No. 60 s 114 om 2014 No. 48 s 131 Ending of standard retail contract s 207 sub 2006 No. 60 s 114 amd 2009 No. 16 s 40 om 2014 No. 48 s 131 Division 3—Negotiated retail contracts div hdg sub 2006 No. 60 s 114 om 2014 No. 48 s 131 Negotiation of retail contract s 208 sub 2006 No. 60 s 114 om 2014 No. 48 s 131 General limit on what may be negotiated s 209 sub 2006 No. 60 s 114 om 2014 No. 48 s 131 Provisions for small customers s 210 sub 2006 No. 60 s 114 Current as at 1 July 2015 Page 181 Gas Supply Act 2003 Endnotes om 2014 No. 48 s 131 Differing security s 211 om 2006 No. 60 s 114 Different terms that are reasonable s 212 om 2006 No. 60 s 114 PART 3—ON-SUPPLY pt hdg amd 2014 No. 48 s 132 Division 1—Preliminary div hdg om 2014 No. 48 s 133 Division 2—On-supply agreements div hdg om 2014 No. 48 s 135 Division 3—Preliminary disclosure requirements about common area charges div hdg om 2014 No. 48 s 135 Division 4—Individual metering div hdg om 2014 No. 48 s 135 Division 5—Disclosure requirements for common area consumption charges div hdg om 2014 No. 48 s 138 On-suppliers and their receivers s 213 amd 2006 No. 60 s 115 Common areas and common area consumption s 214 amd 2006 No. 60 s 116 om 2014 No. 48 s 134 Accounting periods s 215 om 2014 No. 48 s 134 Restriction of application of pt 3 for LPG s 216 om 2006 No. 60 s 117 On-supply agreements s 217 amd 2006 No. 60 s 118 om 2014 No. 48 s 135 Application of div 3 s 218 om 2014 No. 48 s 135 Preliminary consumption estimate s 219 om 2014 No. 48 s 135 Required contents for on-supply agreements s 220 om 2014 No. 48 s 135 Additional consequences of not complying with div 3 s 221 om 2014 No. 48 s 135 Individual metering option Page 182 Current as at 1 July 2015 Gas Supply Act 2003 Endnotes s 222 amd 2004 No. 25 s 983; 2006 No. 60 s 119; 2014 No. 48 s 136 Compensation for installation damage s 223 amd 2006 No. 60 s 120; 2014 No. 48 s 137 Application of div 5 s 224 om 2014 No. 48 s 138 Periodic consumption estimates s 225 om 2014 No. 48 s 138 Audited statements for each accounting period s 226 om 2014 No. 48 s 138 Content requirements for audited statement s 227 amd 2006 No. 9 s 25; 2013 No. 39 s 43 sch 1 om 2014 No. 48 s 138 PART 4—PRICING pt hdg sub 2006 No. 60 s 121 Division 1—QCA investigation div hdg ins 2006 No. 60 s 121 Direction by Minister to investigate effectiveness of retail competition s 227A ins 2006 No. 60 s 121 Period for giving report s 227B ins 2006 No. 60 s 121 Terms of reference s 227C ins 2006 No. 60 s 121 Notice of pricing investigation or amended term of reference or direction s 227D ins 2006 No. 60 s 121 Conduct of pricing investigation s 227E ins 2006 No. 60 s 121 Required consultation for report s 227F ins 2006 No. 60 s 121 Division 2—Notified prices div hdg ins 2006 No. 60 s 121 Fixing of prices s 228 sub 2006 No. 60 s 122 amd 2014 No. 48 s 139 Restrictions on the first exercise of price fixing power s 228A ins 2006 No. 60 s 122 amd 2014 No. 48 s 140 Review of notified prices s 229 amd 2006 No. 60 s 123; 2014 No. 48 s 141 Current as at 1 July 2015 Page 183 Gas Supply Act 2003 Endnotes Public advertisement of notified prices s 230 sub 2006 No. 60 s 124 Requirement to comply with notified prices s 231 amd 2006 No. 60 s 125; 2014 No. 48 s 142 Additional consequences of failure to comply with notified prices s 232 amd 2006 No. 60 s 58 sch; 2014 No. 48 s 143 Directions for prices notification s 233 amd 2006 No. 60 s 126; 2009 No. 24 s 570; 2014 No. 48 s 144 Requirement to comply with direction for prices notification s 234 amd 2014 No. 48 s 145 Standards about quality of customer retail services s 235 om 2006 No. 60 s 127 Who is an industry participant s 236 amd 2004 No. 25 s 984; 2006 No. 60 s 128 Regulator’s power to require plan s 237 amd 2006 No. 60 s 129 Contingency supply plan—content requirements s 239 amd 2004 No. 25 s 985 (amd 2004 No. 26 s 257); 2006 No. 60 s 130 Limitation of industry participant’s liability because of compliance with plan s 241 amd 2014 No. 48 s 146 Notice of significant disruption s 244 amd 2006 No. 60 s 131 Regulator’s power to require information from industry participant s 245 amd 2006 No. 60 s 132 Notice of intention to stop processed natural gas transport or sale or customer connection services s 247 amd 2006 No. 60 s 133; 2014 No. 48 s 147 PART 4—RETAILER OF LAST RESORT SCHEME pt hdg om 2014 No. 48 s 148 Regulation may provide for scheme s 248 amd 2006 No. 60 s 134; 2009 No. 16 s 41 om 2014 No. 48 s 148 Primary objects of scheme s 249 om 2014 No. 48 s 148 Matters that may be provided for under scheme s 250 amd 2006 No. 60 s 135 om 2014 No. 48 s 148 Minister’s power to make declaration s 251 amd 2006 No. 60 s 136 Page 184 Current as at 1 July 2015 Gas Supply Act 2003 Endnotes Minister’s power to give directions while declaration in force s 254 amd 2006 No. 60 s 137; 2009 No. 16 s 42 Liability of recipient for processed natural gas supplied under direction s 256 amd 2006 No. 60 s 138 Direction overrides contracts s 257 amd 2006 No. 60 s 139; 2014 No. 48 s 149 Exemption from Petroleum and Gas (Production and Safety) Act, ss 800, 802 and 803 for person complying with direction s 257AA (prev s 257A) ins 2004 No. 25 s 986 renum 2006 No. 60 s 58 sch (amd 2007 No. 17 s 49) CHAPTER 4A—GAS RETAIL MARKET OPERATOR ch hdg ins 2006 No. 60 s 140 om 2009 No. 16 s 43 PART 1—GENERAL PROVISIONS ABOUT OPERATOR pt hdg ins 2006 No. 60 s 140 om 2009 No. 16 s 43 Appointment s 257A ins 2006 No. 60 s 140 om 2009 No. 16 s 43 Functions s 257B ins 2006 No. 60 s 140 om 2009 No. 16 s 43 Obligations s 257C ins 2006 No. 60 s 140 om 2009 No. 16 s 43 PART 2—INDUSTRY ADVISORY COMMITTEE pt hdg ins 2006 No. 60 s 140 om 2009 No. 16 s 43 Establishment s 257D ins 2006 No. 60 s 140 om 2009 No. 16 s 43 Functions s 257E ins 2006 No. 60 s 140 om 2009 No. 16 s 43 Composition s 257F ins 2006 No. 60 s 140 om 2009 No. 16 s 43 PART 3—MISCELLANEOUS PROVISION pt hdg ins 2006 No. 60 s 140 om 2009 No. 16 s 43 Restriction on providing gas retail market services Current as at 1 July 2015 Page 185 Gas Supply Act 2003 Endnotes s 257G ins 2006 No. 60 s 140 om 2009 No. 16 s 43 CHAPTER 5—RESOLUTION OF GAS INFRASTRUCTURE WORK DISPUTES ch hdg sub 2006 No. 60 s 140 PART 1—REGULATOR’S ROLE pt hdg om 2006 No. 60 s 58 sch PART 2—CUSTOMER DISPUTES om 2006 No. 60s 143 Division 1—Preliminary div hdg om 2006 No. 60 s 143 Division 2—Procedure div hdg om 2006 No. 60 s 143 PART 3—GAS INFRASTRUCTURE WORK DISPUTES pt hdg om 2006 No. 60 s 58 sch Application of ch 5 s 258 sub 2006 No. 60 s 141 Regulator’s power to require information s 259 amd 2006 No. 60 s 142(1) om 2006 No. 60 s 142(2) Application of pt 2 s 260 om 2006 No. 60 s 143 Availability of other remedies s 261 om 2006 No. 60 s 143 Referral to regulator s 262 om 2006 No. 60 s 143 Further referral to energy mediator or arbitrator s 263 om 2006 No. 60 s 143 Disputes referred to energy mediator s 264 om 2006 No. 60 s 143 Disputes referred to energy arbitrator s 265 om 2006 No. 60 s 143 Application of pt 3 s 266 om 2006 No. 60 s 144 Regulator’s powers s 268 (2)–(5) (prev s 259(1)–(4)) renum and reloc 2006 No. 60 s 142(2) CHAPTER 5A—DISTRIBUTION NETWORK CODES ch hdg ins 2006 No. 60 s 145 sub 2014 No. 48 s 150 Page 186 Current as at 1 July 2015 Gas Supply Act 2003 Endnotes PART 1—INITIAL DISTRIBUTION NETWORK CODES pt hdg ins 2006 No. 60 s 145 sub 2014 No. 48 s 150 Making of initial distribution network codes by Minister s 270A ins 2006 No. 60 s 145 amd 2014 No. 48 ss 151, 183 sch 1 Specific matters for which code may provide s 270B ins 2006 No. 60 s 145 amd 2009 No. 16 s 44 sub 2014 No. 48 s 152 Required consultation s 270BA ins 2014 No. 48 s 153 Gazettal and taking of effect of code s 270C ins 2006 No. 60 s 145 amd 2014 No. 48 s 183 sch 1 Tabling of code s 270D ins 2006 No. 60 s 145 amd 2014 No. 48 s 183 sch 1 PART 2—QCA DISTRIBUTION NETWORK CODES pt hdg ins 2006 No. 60 s 145 sub 2014 No. 48 s 154 QCA may make distribution network code s 270E ins 2006 No. 60 s 145 amd 2014 No. 48 s 183 sch 1 QCA code objective s 270F ins 2006 No. 60 s 145 amd 2014 No. 48 s 183 sch 1 Required consultation s 270G ins 2006 No. 60 s 145 (amd 2007 No. 17 s 48(1)) amd 2014 No. 48 s 183 sch 1 Ministerial approval s 270H ins 2006 No. 60 s 145 amd 2014 No. 48 s 183 sch 1 When approved QCA distribution network code takes effect s 270I ins 2006 No. 60 s 145 amd 2014 No. 48 s 183 sch 1 Tabling of QCA distribution network code s 270J ins 2006 No. 60 s 145 amd 2014 No. 48 s 183 sch 1 PART 3—REVIEW OF DISTRIBUTION NETWORK CODES AND RELATED MATTERS Current as at 1 July 2015 Page 187 Gas Supply Act 2003 Endnotes pt hdg ins 2006 No. 60 s 145 amd 2014 No. 48 s 155 Direction by Minister to review s 270K ins 2006 No. 60 s 145 amd 2014 No. 48 s 183 sch 1 Terms of reference s 270L ins 2006 No. 60 s 145 Notice of review or amended term of reference or direction s 270M ins 2006 No. 60 s 145 Conduct of review s 270N ins 2006 No. 60 s 145 PART 4—AMENDING DISTRIBUTION NETWORK CODES pt hdg ins 2006 No. 60 s 145 amd 2014 No. 48 s 156 Application of pt 4 s 270O ins 2006 No. 60 s 145 (amd 2007 No. 17 s 48(2)) amd 2014 No. 48 s 183 sch 1 Required consultation for amendment s 270OA ins 2006 No. 60 s 145 (amd 2007 No. 17 s 48(2)) Application of pt 2 other than its consultation provision s 270OB ins 2006 No. 60 s 145 (amd 2007 No. 17 s 48(2)) PART 5—ENFORCING DISTRIBUTION NETWORK CODES pt hdg ins 2006 No. 60 s 145 amd 2014 No. 48 s 157 Division 1—Code contravention notices div hdg ins 2006 No. 60 s 145 Subdivision 1—Preliminary sdiv hdg ins 2006 No. 60 s 145 Application of div 1 s 270P ins 2006 No. 60 s 145 amd 2014 No. 48 s 183 sch 1 Criteria for deciding material contravention s 270Q ins 2006 No. 60 s 145 amd 2014 No. 48 s 183 sch 1 Subdivision 2—Warning notices sdiv hdg ins 2006 No. 60 s 145 Warning notice may be given s 270R ins 2006 No. 60 s 145 amd 2014 No. 48 s 183 sch 1 Page 188 Current as at 1 July 2015 Gas Supply Act 2003 Endnotes Requirements for warning notice s 270S ins 2006 No. 60 s 145 amd 2014 No. 48 s 183 sch 1 Considering submissions on warning notice s 270T ins 2006 No. 60 s 145 amd 2014 No. 48 s 183 sch 1 Subdivision 3—Action after warning notice sdiv hdg ins 2006 No. 60 s 145 Giving of code contravention notice s 270U ins 2006 No. 60 s 145 amd 2014 No. 48 s 183 sch 1 Duration of code contravention notice s 270V ins 2006 No. 60 s 145 Division 2—Proceedings div hdg ins 2006 No. 60 s 145 Proceeding for civil penalty order s 270W ins 2006 No. 60 s 145 (amd 2007 No. 17 s 48(3)) amd 2014 No. 48 s 183 sch 1 How order enforced s 270X ins 2006 No. 60 s 145 Injunctions s 270Y ins 2006 No. 60 s 145 amd 2014 No. 48 s 183 sch 1 Conduct by directors, servants or agents s 270Z ins 2006 No. 60 s 145 amd 2014 No. 48 s 183 sch 1 Division 3—Referrals to regulator div hdg ins 2006 No. 60 s 145 When QCA must refer material contravention s 270ZA ins 2006 No. 60 s 145 amd 2014 No. 48 s 183 sch 1 When QCA may refer material contravention s 270ZB ins 2006 No. 60 s 145 amd 2014 No. 48 s 183 sch 1 Guidelines for exercise of QCA powers for civil penalties s 270ZC ins 2006 No. 60 s 145 How regulator deals with referral s 270ZD ins 2006 No. 60 s 145 amd 2014 No. 48 ss 158, 183 sch 1 Division 4—Production of documents or information Current as at 1 July 2015 Page 189 Gas Supply Act 2003 Endnotes div hdg ins 2006 No. 60 s 145 Notice to produce documents or information s 270ZE ins 2006 No. 60 s 145 amd 2014 No. 48 s 183 sch 1 Protection of confidential information given for investigation s 270ZF ins 2006 No. 60 s 145 amd 2014 No. 48 s 183 sch 1 Division 5—Audits div hdg ins 2006 No. 60 s 145 QCA’s powers concerning audit of compliance with distribution network code s 270ZG ins 2006 No. 60 s 145 amd 2014 No. 48 s 183 sch 1 Responsibility for cost of audit s 270ZH ins 2006 No. 60 s 145 amd 2014 No. 48 s 183 sch 1 Independent auditor may require reasonable help or information s 270ZI ins 2006 No. 60 s 145 amd 2014 No. 48 s 183 sch 1 Audit report and submissions on report s 270ZJ ins 2006 No. 60 s 145 amd 2014 No. 48 s 183 sch 1 PART 6—MISCELLANEOUS PROVISIONS pt hdg ins 2006 No. 60 s 145 (amd 2007 No. 29 s 13) Relationship with Fair Trading Act 1989 s 270ZJA ins 2006 No. 60 s 145 (amd 2007 No. 29 s 13) amd 2010 No. 54 s 67 sch; 2014 No. 48 ss 159, 183 sch 1 Compliance with particular requirements under Australian Consumer Law (Queensland) for unsolicited consumer agreements s 270ZJB ins 2006 No. 60 s 145 (amd 2007 No. 29 s 13) amd 2010 No. 54 s 67 sch om 2014 No. 48 s 160 CHAPTER 6—MISCELLANEOUS PROVISIONS PART 1A—CIVIL PENALTY FOR PARTICULAR CONTRAVENTIONS pt hdg ins 2006 No. 60 s 146 Application of pt 1A s 270ZK ins 2006 No. 60 s 146 amd 2010 No. 53 s 258 sch 2; 2014 No. 48 s 161 Regulator may impose civil penalty s 270ZL ins 2006 No. 60 s 146 amd 2014 No. 48 s 162 Page 190 Current as at 1 July 2015 Gas Supply Act 2003 Endnotes Information notice about and taking effect of decision s 270ZM ins 2006 No. 60 s 146 amd 2009 No. 24 s 571; 2014 No. 48 s 163 Civil penalty recoverable as a debt s 270ZN ins 2006 No. 60 s 146 PART 1B—ENFORCING SECTION 175A AGAINST RETAILERS pt hdg ins 2014 No. 48 s 164 Division 1—Contravention notices div hdg ins 2014 No. 48 s 164 Subdivision 1—Preliminary sdiv hdg ins 2014 No. 48 s 164 Application of pt 1B s 271AA ins 2014 No. 48 s 164 Criteria for deciding material contravention s 271AB ins 2014 No. 48 s 164 Subdivision 2—Warning notices sdiv hdg ins 2014 No. 48 s 164 Warning notice may be given s 271AC ins 2014 No. 48 s 164 Requirements for warning notice s 271AD ins 2014 No. 48 s 164 Considering submissions on warning notice s 271AE ins 2014 No. 48 s 164 Subdivision 3—Action after warning notice sdiv hdg ins 2014 No. 48 s 164 Giving of contravention notice s 271AF ins 2014 No. 48 s 164 Duration of contravention notice s 271AG ins 2014 No. 48 s 164 Division 2—Proceedings div hdg ins 2014 No. 48 s 164 Proceeding for civil penalty order s 271AH ins 2014 No. 48 s 164 How order enforced s 271AI ins 2014 No. 48 s 164 Injunctions s 271AJ ins 2014 No. 48 s 164 Conduct by directors, servants or agents Current as at 1 July 2015 Page 191 Gas Supply Act 2003 Endnotes s 271AK ins 2014 No. 48 s 164 Division 3—Production of documents or information div hdg ins 2014 No. 48 s 164 Notice to produce documents or information s 271AL ins 2014 No. 48 s 164 PART 1—REVIEWS pt hdg amd 2009 No. 24 s 572 Division 1—Internal reviews div hdg sub 2009 No. 24 s 573 Who may apply for internal review s 271 amd 2006 No. 60 s 58 sch; 2009 No. 24 s 574 Requirements for making internal review application s 272 amd 2009 No. 24 s 575 Stay of operation of original decision s 273 amd 2009 No. 24 s 576 Internal review decision s 274 sub 2009 No. 24 s 577 Internal review procedure s 275 amd 2009 No. 24 s 578 Reviewer may seek advice or information s 276 amd 2009 No. 24 s 579 Offence about disclosure of advice or information s 277 amd 2009 No. 24 s 580 Notice of internal review decision s 278 amd 2009 No. 24 s 581 Division 2—External reviews by QCAT div hdg sub 2009 No. 24 s 582 External review of internal review decision s 279 amd 2006 No. 60 s 147 sub 2009 No. 24 s 582 amd 2014 No. 48 s 183 sch 1 Period to appeal s 280 om 2009 No. 24 s 582 Starting appeal s 281 om 2009 No. 24 s 582 Stay of operation of decision s 282 om 2009 No. 24 s 582 Hearing procedures Page 192 Current as at 1 July 2015 Gas Supply Act 2003 Endnotes s 283 om 2009 No. 24 s 582 District Court’s powers on appeal s 284 om 2009 No. 24 s 582 Appeals from District Court’s decision s 285 om 2009 No. 24 s 582 Unlawfully operating distribution pipeline s 286 amd 2006 No. 60 s 148 Unlawful tampering with gas infrastructure s 287 amd 2006 No. 60 s 149 Unlawfully selling reticulated processed natural gas s 288 amd 2006 No. 60 s 150 om 2014 No. 48 s 165 Unlawfully taking processed natural gas or LPG s 289 amd 2006 No. 60 s 151 Restriction on providing gas retail market services s 289A ins 2009 No. 16 s 45 PART 3—OFFENCE PROCEEDINGS Division 1—General provisions Evidence of tampering with gas infrastructure s 295 amd 2006 No. 60 s 152 Division 2—Provisions for proceedings for unlawfully taking processed natural gas or LPG div hdg amd 2006 No. 60 s 153 Evidence of unlawful taking of processed natural gas or LPG s 297 amd 2006 No. 60 s 154 Proceeding may be for a period s 298 amd 2006 No. 60 s 155 Ownership of processed natural gas or LPG for proceeding s 299 amd 2006 No. 60 s 156 Division 3—Provisions for civil penalty proceedings div hdg ins 2006 No. 60 s 157 Relationship with criminal proceedings s 299A ins 2006 No. 60 s 157 Avoidance of multiple penalties s 299B ins 2006 No. 60 s 157 amd 2014 No. 48 s 183 sch 1 PART 4—GENERAL REMEDIES pt hdg amd 2014 No. 48 s 166 Current as at 1 July 2015 Page 193 Gas Supply Act 2003 Endnotes Additional consequences of unlawfully operating distribution pipe s 301 amd 2006 No. 60 s 158 Additional consequences of unlawfully selling reticulated processed natural gas s 302 amd 2006 No. 60 s 159 om 2014 No. 48 s 167 Recovery of unlawful profits s 303 amd 2014 No. 48 s 168 Other evidentiary aids s 307 amd 2006 No. 60 s 58 sch; 2014 No. 48 s 169 Evidentiary effect of code contravention notice s 307A ins 2006 No. 60 s 160 amd 2014 No. 48 s 170 PART 6—REGISTERS pt hdg sub 2006 No. 60 s 58 sch Register of authorities s 308 amd 2006 No. 60 s 58 sch; 2014 No. 48 s 171 Keeping of register of authorities s 309 amd 2005 No. 51 s 36; 2006 No. 60 s 58 sch; 2014 No. 48 s 172 Access to register of authorities s 310 amd 2006 No. 60 s 58 sch; 2009 No. 13 s 213 sch 5 Registers QCA must keep s 310A ins 2006 No. 60 s 161 amd 2014 No. 48 s 173 Replacement of authority s 314 amd 2004 No. 25 s 987 Protection from civil liability for particular persons s 315 amd 2006 No. 60 s 162; 2009 No. 16 s 46 Limitation of liability of distributors and retailers s 316 amd 2006 No. 60 s 163; 2014 No. 48 ss 174, 183 sch 1 Protection from liability of member or employee of QCA s 316A ins 2006 No. 60 s 164 Confidentiality of particular information s 318 amd 2009 No. 13 s 213 sch 5 Delegation by Minister s 320 amd 2006 No. 60 s 165 Delegation by QCA s 321A ins 2006 No. 60 s 166 om 2009 No. 16 s 47 Reporting to Minister by QCA Page 194 Current as at 1 July 2015 Gas Supply Act 2003 Endnotes s 321B ins 2006 No. 60 s 166 Regulation-making power s 323 amd 2009 No. 16 s 48 CHAPTER 7—TRANSITIONAL PROVISIONS ch hdg sub 2006 No. 60 s 167; 2009 No. 16 s 49 PART 1—TRANSITIONAL PROVISIONS FOR ELECTRICITY AND OTHER LEGISLATION AMENDMENT ACT 2006 pt hdg om 2006 No. 60 s 167 ins 2009 No. 16 s 49 Definitions for pt 1 s 324 amd 2004 No. 25 s 988 sub 2006 No. 60 s 167 amd 2009 No. 16 s 50 Conversion of customer retail contracts for particular small customers to standard contracts s 325 sub 2006 No. 60 s 167 Small customer may enter into negotiated retail contract before FRC day s 326 sub 2006 No. 60 s 167 Transitional retail contracts s 327 amd 2005 No. 51 s 37 sub 2006 No. 60 s 167 References to other particular contracts under pre-amended Act s 328 amd 2005 No. 51 s 38 sub 2006 No. 60 s 167 Price publication requirements of area retailers for FRC s 329 sub 2006 No. 60 s 167 Area retailer’s obligations about standard terms apply 1 month before FRC day s 330 sub 2006 No. 60 s 167 Price publication requirements of general retailers for FRC s 331 sub 2006 No. 60 s 167 Existing mediated agreements s 332 sub 2006 No. 60 s 167 Existing orders on arbitrated disputes s 333 sub 2006 No. 60 s 167 PART 2—TRANSITIONAL PROVISION FOR MINES AND ENERGY LEGISLATION AMENDMENT ACT 2009 pt hdg prev pt 2 hdg om 2006 No. 60 s 167 pres pt 2 hdg ins 2009 No. 16 s 51 Continued protection from civil liability for particular persons s 334 prev s 334 om 2006 No. 60 s 167 Current as at 1 July 2015 Page 195 Gas Supply Act 2003 Endnotes pres s 334 ins 2009 No. 16 s 51 PART 3—TRANSITIONAL PROVISIONS FOR ELECTRICITY COMPETITION AND PROTECTION LEGISLATION AMENDMENT ACT 2014 pt hdg orig pt 3 hdg ins 2010 No. 53 s 258 sch 2 om 2013 No. 39 s 109 sch 2 prev pt 3 hdg om 2006 No. 60 s 167 pres pt 3 hdg ins 2014 No. 48 s 175 Division 1—Issue of new authorities div hdg om 2006 No. 60 s 167 Division 2—Term of new authorities div hdg om 2006 No. 60 s 167 Division 3—Amendment and consolidation div hdg om 2006 No. 60 s 167 Subdivision 1—Application to impose further conditions sdiv hdg om 2006 No. 60 s 167 Subdivision 2—Imposition by regulator of further conditions sdiv hdg om 2006 No. 60 s 167 Subdivision 3—Consolidation sdiv hdg om 2006 No. 60 s 167 Subdivision 4—Miscellaneous provisions sdiv hdg om 2006 No. 60 s 167 Definition for pt 3 s 335 orig s 335 om 2006 No. 60 s 167 prev s 335 ins 2010 No. 53 s 258 sch 2 om 2013 No. 39 s 109 sch 2 pres s 335 ins 2014 No. 48 s 175 Continuation of cancellation or suspension of distribution authorities s 336 prev s 336 om 2006 No. 60 s 167 pres s 336 ins 2014 No. 48 s 175 Unfinished customer connection services s 337 prev s 337 om 2006 No. 60 s 167 pres s 337 ins 2014 No. 48 s 175 Undecided retail authority applications s 338 prev s 338 om 2006 No. 60 s 167 pres s 338 ins 2014 No. 48 s 175 Existing retail authorities s 339 prev s 339 om 2006 No. 60 s 167 pres s 339 ins 2014 No. 48 s 175 Continuation of actions by QCA s 340 prev s 340 om 2006 No. 60 s 167 pres s 340 ins 2014 No. 48 s 175 Page 196 Current as at 1 July 2015 Gas Supply Act 2003 Endnotes Regulator may continue to impose civil penalties s 341 ins 2014 No. 48 s 175 PART 4—MISCELLANEOUS PROVISIONS pt hdg om 2006 No. 60 s 167

SCHEDULE 1—DECISIONS SUBJECT TO INTERNAL REVIEW sch 1 prev sch 1 om 2006 No. 60 s 168 pres sch 1 (prev sch 2) renum 2006 No. 60 s 58 sch amd 2006 No. 60 s 58 sch; 2009 No. 24 s 583; 2014 No. 48 s 176

SCHEDULE 2—DICTIONARY (prev sch 4) renum 2006 No. 60 s 170(6) def acceptance notice sub 2014 No. 48 s 177(1)–(2) def accounting period om 2014 No. 48 s 177(1) def advisory committee ins 2006 No. 60 s 170(2) om 2009 No. 16 s 52(1) def AEMO ins 2009 No. 16 s 52(2) def approved access arrangement amd 2009 No. 16 s 52(3) def area distribution authority om 2014 No. 48 s 177(1) def area distributor om 2014 No. 48 s 177(1) def area retail authority om 2014 No. 48 s 177(1) def area retailer om 2014 No. 48 s 177(1) def area retailer obligation ins 2006 No. 60 s 170(2) om 2014 No. 48 s 177(1) def code contravention notice ins 2006 No. 60 s 170(2) def common area om 2014 No. 48 s 177(1) def common area consumption om 2014 No. 48 s 177(1) def conduct assurance ins 2006 No. 60 s 170(2) def connection contract ins 2006 No. 60 s 170(2) def contestable customer om 2006 No. 60 s 170(1) def contravention notice ins 2014 No. 48 s 177(2) def corresponding authority amd 2006 No. 60 s 170(3); 2014 No. 48 s 177(3)–(4) def covered pipeline amd 2009 No. 16 s 52(4) def customer connection contract om 2006 No. 60 s 170(1) def customer retail contract om 2006 No. 60 s 170(1) def customer retail services om 2014 No. 48 s 177(1) def decision notice sub 2014 No. 48 s 177(1)–(2) def defaulting retailer om 2014 No. 48 s 177(1) def disconnect ins 2006 No. 60 s 170(2) def discontinuance request om 2006 No. 60 s 170(1) def discontinue om 2006 No. 60 s 170(1) def distribution area sub 2014 No. 48 s 177(1)–(2) def distribution network code ins 2014 No. 48 s 177(2) def energy and water ombudsman ins 2010 No. 53 s 258 sch 2 def energy ombudsman ins 2006 No. 60 s 170(2) om 2010 No. 53 s 258 sch 2 def excluded customer ins 2006 No. 60 s 170(2) sub 2014 No. 48 s 177(1)–(2) def exclusive retail authority om 2005 No. 51 s 39(1) Current as at 1 July 2015 Page 197 Gas Supply Act 2003 Endnotes def exclusive retailer om 2005 No. 51 s 39(1) def exempt seller ins 2014 No. 48 s 177(2) def external review ins 2009 No. 24 s 584(2) def first accounting period om 2014 No. 48 s 177(1) def FOI exempt matter om 2009 No. 13 s 213 sch 5 def fuel gas om 2006 No. 60 s 170(1) def Gas Pipelines Access Law sub 2008 No. 27 s 26 om 2009 No. 16 s 52(1) def Gas (Residual Provisions) Act om 2004 No. 25 s 989(1) def gas retail market procedures ins 2009 No. 16 s 52(2) def gas retail market services ins 2006 No. 60 s 170(2) om 2009 No. 16 s 52(1) def general retail authority amd 2005 No. 51 s 39(2) om 2014 No. 48 s 177(1) def general retailer amd 2005 No. 51 s 39(3) om 2014 No. 48 s 177(1) def greenfield distribution authority om 2005 No. 51 s 39(1) def GRMO ins 2006 No. 60 s 170(2) om 2009 No. 16 s 52(1) def holder amd 2006 No. 60 s 170(4) def industry code ins 2006 No. 60 s 170(2) om 2014 No. 48 s 177(1) def information notice sub 2006 No. 60 s 170(1)–(2) amd 2009 No. 24 s 584(3); 2010 No. 53 s 258 sch 2 def initial distribution network code ins 2014 No. 48 s 177(2) def initial industry code ins 2006 No. 60 s 170(2) om 2014 No. 48 s 177(1) def internal review application ins 2009 No. 24 s 584(2) def internal review decision ins 2009 No. 24 s 584(2) def internal review notice ins 2009 No. 24 s 584(2) def large customer ins 2006 No. 60 s 170(2) om 2014 No. 48 s 177(1) def LPG om 2006 No. 60 s 170(1) amd and reloc from s 10 2006 No. 60 s 63(1)–(2) def LPG distribution pipeline ins 2006 No. 60 s 170(2) def LPG distribution system ins 2006 No. 60 s 170(2) def LPG distributor ins 2006 No. 60 s 170(2) def meter amd 2006 No. 60 s 170(3) def MIRN ins 2006 No. 60 s 170(2) amd 2009 No. 16 s 52(5) def MIRN premises ins 2006 No. 60 s 170(2) amd 2009 No. 16 s 52(6) def National Gas Law ins 2009 No. 16 s 52(2) def negotiated retail contract ins 2006 No. 60 s 170(2) om 2014 No. 48 s 177(1) def NERL (Qld) ins 2014 No. 48 s 177(2) def non-contestable customer om 2006 No. 60 s 170(1) def notified prices sub 2006 No. 60 s 170(1)–(2) Page 198 Current as at 1 July 2015 Gas Supply Act 2003 Endnotes def on-supply agreement om 2014 No. 48 s 177(1) def Petroleum and Gas (Production and Safety) Act ins 2004 No. 25 s 989(2) def point-to-point distribution authority om 2014 No. 48 s 177(1) def premises ins 2006 No. 60 s 170(2) def pricing investigation ins 2006 No. 60 s 170(2) def proposed action sub 2014 No. 48 s 177(1)–(2) def prospective on-supplier om 2014 No. 48 s 177(1) def prospective receiver om 2014 No. 48 s 177(1) def protected customer om 2006 No. 60 s 170(1) def QCA amd 2006 No. 60 s 170(5) def QCA Act ins 2006 No. 60 s 170(2) def QCA code objective ins 2006 No. 60 s 170(2) def QCAT information notice ins 2009 No. 24 s 584(2) def register om 2006 No. 60 s 170(1) def register of authorities ins 2006 No. 60 s 170(2) def retail area om 2014 No. 48 s 177(1) def retail authority om 2014 No. 48 s 177(1) def retail contract ins 2006 No. 60 s 170(2) def retailer sub 2014 No. 48 s 177(1)–(2) def retailer of last resort scheme sub 2014 No. 48 s 177(1)–(2) def retail services application ins 2006 No. 60 s 170(2) om 2014 No. 48 s 177(1) def reticulated amd 2006 No. 60 s 170(3) def review application om 2009 No. 24 s 584(1) def review decision om 2009 No. 24 s 584(1) def review notice om 2009 No. 24 s 584(1) def RTI excluded information ins 2009 No. 13 s 213 sch 5 def small customer ins 2006 No. 60 s 170(2) sub 2014 No. 48 s 177(1)–(2) def standard retail contract ins 2006 No. 60 s 170(2) om 2014 No. 48 s 177(1) def standard terms ins 2006 No. 60 s 170(2) om 2014 No. 48 s 177(1) def suitability criteria sub 2014 No. 48 s 177(1)–(2) def supply amd 2006 No. 60 s 170(3) def transmission pipeline licence amd 2004 No. 25 s 989(3) (amd 2004 No. 26 s 69(2) sch) def warning notice ins 2006 No. 60 s 170(2) sub 2014 No. 48 s 177(1)–(2) def warning period ins 2014 No. 48 s 177(2)

SCHEDULE 3—NEW AUTHORITIES om 2006 No. 60 s 169 © State of Queensland 2016 Current as at 1 July 2015 Page 199