Australian Capital Territory Repealed Acts

This legislation has been repealed.

GAS ACT 1992 - SECT 39

(2) A notice under subsection (1)—

        (a)     shall set out particulars of the proposal; and

        (b)     shall be given—

              (i)     in the case of a proposal by an authorised distributor—to the Minister and the Authority; or

              (ii)     in the case of a proposal by the Authority—to the Minister and the authorised distributor.

(3) A person who receives notice under paragraph (2) (b) may lodge in writing with the Authority any objection to the proposal—

        (a)     in the case of a proposal by an authorised distributor—within 3 months after the receipt; or

        (b)     in the case of a proposal by the Authority—within 1 month after the receipt.

(4) The Authority shall give a copy of any objection received—

        (a)     where the objection relates to a proposal by an authorised distributor—

              (i)     to the authorised distributor; and

              (ii)     if the objection is made by the Authority—to the Minister; or

        (b)     where the objection relates to a proposal by the Authority—

              (i)     if the objection is made by the Minister—to the authorised distributor; or

              (ii)     if the objection is made by the authorised distributor—to the Minister.

(5) Where—

        (a)     an objection is lodged in accordance with subsection (3)—the Authority shall refer the proposal to a Review Panel for investigation and recommendation; or

        (b)     no such objection is lodged—the Authority shall amend the authorisation in accordance with the proposal.

(6) A Review Panel shall conduct its investigation in accordance with the terms of reference—

        (a)     where the Minister has lodged an objection—determined by the Minister; or

        (b)     in any other case—

              (i)     agreed between the Authority and the authorised distributor; or

              (ii)     if the Authority and the authorised distributor are unable to agree—determined by the Minister.

(7) A Review Panel shall endeavour to conduct its investigation and make its recommendation within 3 months after it is established.

(8) The Authority shall, if requested to do so by a Review Panel, make available to the Panel any information in the Authority's possession that is relevant to the matter being investigated.

(9) After completing its investigation, a Review Panel shall—

        (a)     prepare a report setting out its recommendation and the reasons for that recommendation; and

        (b)     submit the report to the Authority.

(10) A Review Panel may recommend that a proposal should—

        (a)     be adopted;

        (b)     be adopted subject to specified amendments that, if made, would not take the proposal outside the terms of reference of the Review Panel's investigation; or

        (c)     not be adopted.

(11) The Authority shall give a copy of a report submitted by a Review Panel to the Minister and to the authorised distributor.

(12) Subject to subsection (13), the Authority shall amend an authorisation in accordance with the Review Panel's recommendation.

(13) The Authority shall not amend an authorisation by varying, removing or adding a condition of a kind referred to in paragraph 38 (1) (m) unless the Minister has consented in writing to the amendment.

(14) If the Minister refuses to consent to an amendment, the Minister shall, within 15 sitting days after the refusal, lay before the Legislative Assembly a statement setting out his or her reasons for the refusal.

(15) An amendment of an authorisation takes effect immediately after the authorised distributor receives notice in writing from the Authority that the amendment has been made.

(16) The person who put forward a proposal may withdraw it at any time by notice in writing given to the persons to whom notice of the proposal was given under paragraph (2) (b).

Minister may amend certain conditions