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This is a Bill, not an Act. For current law, see the Acts databases.


ENERGY LEGISLATION AMENDMENT (INFRASTRUCTURE PROTECTION) BILL 2009





Energy Legislation Amendment
(Infrastructure Protection) Bill 2009
No      , 2009


A Bill for

An Act to amend the Electricity Supply Act 1995 and the Gas Supply Act 1996 to
make further provision for the protection of electricity and gas infrastructure; and for
other purposes.
Clause 1      Energy Legislation Amendment (Infrastructure Protection) Bill 2009




The Legislature of New South Wales enacts:                                         1

 1    Name of Act                                                                  2

           This Act is the Energy Legislation Amendment (Infrastructure            3
           Protection) Act 2009.                                                   4

 2    Commencement                                                                 5

           This Act commences on a day or days to be appointed by proclamation.    6




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Energy Legislation Amendment (Infrastructure Protection) Bill 2009

Amendment of Electricity Supply Act 1995 No 94                           Schedule 1




Schedule 1              Amendment of Electricity Supply Act                                1
                        1995 No 94                                                         2

[1]    Section 49A                                                                         3

       Insert after section 49:                                                            4

      49A     Excavation work affecting electricity works                                  5

              (1)    This section applies if a network operator has reasonable cause to    6
                     believe that the carrying out or proposed carrying out of             7
                     excavation work in, on or near its electricity works:                 8
                     (a) could destroy, damage or interfere with those works, or           9
                     (b) could make those works become a potential cause of bush          10
                           fire or a potential risk to public safety.                     11

              (2)    In those circumstances, a network operator may serve a written       12
                     notice on the person carrying out or proposing to carry out the      13
                     excavation work requiring the person:                                14
                      (a) to modify the excavation work, or                               15
                     (b) not to carry out the excavation work, but only if the            16
                           network operator is of the opinion that modifying the          17
                           excavation work will not be effective in preventing the        18
                           destruction or damage of, or interference with, the            19
                           electricity works concerned or in preventing those works       20
                           becoming a potential cause of bush fire or a potential risk    21
                           to public safety.                                              22

              (3)    A notice under subsection (2) must specify the excavation work       23
                     that is to be modified or not carried out.                           24

              (4)    A network operator may recover the following costs in a court of     25
                     competent jurisdiction as a debt owed to it by a person who          26
                     carried out excavation work the subject of a notice under            27
                     subsection (2):                                                      28
                     (a) the costs incurred in replacing any of the network               29
                            operator's electricity works destroyed by the excavation      30
                            work,                                                         31
                     (b) the costs incurred in repairing any damage to the network        32
                            operator's electricity works caused by the excavation         33
                            work,                                                         34
                     (c) the costs incurred in remedying or mitigating any                35
                            interference with the network operator's electricity works    36
                            caused by the excavation work.                                37




                                                                               Page 3
                Energy Legislation Amendment (Infrastructure Protection) Bill 2009

Schedule 1      Amendment of Electricity Supply Act 1995 No 94




             (5)   A network operator may apply for an injunction to prevent the         1
                   carrying out of excavation work in, on or near its electricity        2
                   works.                                                                3

             (6)   A network operator may take action under this section even if the     4
                   person carrying out the excavation work owns or occupies the          5
                   land in, on or over which the network operator's electricity works    6
                   are situated.                                                         7

[2]   Section 54 Powers of entry                                                         8

      Insert at the end of section 54 (1) (f):                                           9
                           , or                                                         10
                     (g) monitoring any excavation work in accordance with              11
                           regulations under section 63Z, or                            12
                     (h) exercising any function conferred on the network operator      13
                           by section 49 or 49A.                                        14

[3]   Part 5E                                                                           15

      Insert after Part 5D:                                                             16


      Part 5E Protection of underground electricity                                     17
              power lines                                                               18

      63X    Definitions                                                                19

                   In this Part, designated information provider means:                 20
                    (a) Dial Before You Dig NSW/ACT Incorporated, or                    21
                   (b) if another person or body is prescribed by the regulations       22
                          for the purposes of this definition, that other person or     23
                          body.                                                         24

      63Y    Provision of information on underground electricity power lines by         25
             network operators                                                          26

             (1)   It is a condition of a distribution network service provider's       27
                   licence that the distribution network service provider must:         28
                    (a) be a member of the designated information provider, and         29
                   (b) comply with any obligations imposed by that membership.          30

             (2)   The regulations may make provision for or with respect to the        31
                   provision of information by network operators in respect of          32
                   underground electricity power lines, including (but not limited      33
                   to) the provision of such information in connection with a request   34
                   for information under section 63Z.                                   35




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Energy Legislation Amendment (Infrastructure Protection) Bill 2009

Amendment of Electricity Supply Act 1995 No 94                           Schedule 1




      63Z     Requirements in relation to carrying out of certain excavation               1
              work                                                                         2

              (1)    A person must not commence to carry out excavation work to            3
                     which this section applies, or authorise such excavation work to      4
                     be commenced, unless the person has first:                            5
                     (a) contacted the designated information provider and                 6
                           requested information as to the location and type of any        7
                           underground electricity power lines in the vicinity of the      8
                           proposed work, and                                              9
                     (b) complied with any reasonable procedures of the                   10
                           designated information provider as to the manner of            11
                           contacting the designated information provider and the         12
                           information to be provided by the person in connection         13
                           with the person's request for information, and                 14
                     (c) allowed a reasonable period for the requested information        15
                           to be provided.                                                16
                     Maximum penalty: 20 penalty units.                                   17

              (2)    Subsection (1) does not require a person to whom that subsection     18
                     applies to comply with the requirements of that subsection in        19
                     relation to excavation work if another person to whom that           20
                     subsection applies has already complied with those requirements      21
                     in relation to that excavation work.                                 22

              (3)    A person must not carry out excavation work to which this            23
                     section applies, or authorise such excavation work to be carried     24
                     out, unless the person has ensured that any requirements of the      25
                     regulations in relation to the carrying out of the work are          26
                     complied with.                                                       27
                     Maximum penalty: 20 penalty units.                                   28

              (4)    The regulations may make provision for or with respect to the        29
                     following:                                                           30
                      (a) prescribing requirements in relation to the carrying out of     31
                           excavation work to which this section applies,                 32
                     (b) requiring notification to be given to a specified person or      33
                           body, or person or body of a specified class, in relation to   34
                           the carrying out of excavation work to which this section      35
                           applies,                                                       36
                      (c) the monitoring of excavation work to which this section         37
                           applies,                                                       38
                     (d) what constitutes reasonable procedures for the purposes of       39
                           subsection (1),                                                40




                                                                               Page 5
               Energy Legislation Amendment (Infrastructure Protection) Bill 2009

Schedule 1         Amendment of Electricity Supply Act 1995 No 94




                      (e)    what constitutes a reasonable period for requested             1
                             information to be provided for the purposes of                 2
                             subsection (1).                                                3

             (5)      This section applies to excavation work in an area, and of a kind,    4
                      prescribed by the regulations.                                        5

    63ZA     Notification of damage to underground electricity power lines                  6

             (1)      A person must, as soon as practicable after becoming aware that       7
                      any action of the person or any action authorised by the person       8
                      has damaged an underground electricity power line, notify the         9
                      network operator that owns the power line of the damage.             10
                      Maximum penalty: 20 penalty units.                                   11

             (2)      The regulations may make provision for the manner in which a         12
                      person must notify for the purposes of subsection (1).               13

             (3)      Subsection (1) does not require a person to notify the network       14
                      operator of the damage concerned if another person to whom that      15
                      subsection applies has already notified the network operator of      16
                      the damage.                                                          17

    63ZB     Orders for costs, expenses and compensation at time offence                   18
             proved                                                                        19

             (1)      This section applies where a court convicts a person of an offence   20
                      against this Part or section 65.                                     21

             (2)      The court may, if it appears to the court that a network operator    22
                      has, by reason of the commission of the offence:                     23
                      (a) suffered loss or damage to its electricity works, or             24
                      (b) incurred costs and expenses in preventing or mitigating, or      25
                             in attempting to prevent or mitigate, any such loss or        26
                             damage,                                                       27

                      order the offender to pay to the network operator the costs and      28
                      expenses so incurred, or compensation for the loss or damage so      29
                      suffered, as the case may be, in such amount as is fixed by the      30
                      order.                                                               31

             (3)      A court may not make an order under subsection (2) for the           32
                      payment of an amount that exceeds the amount for which an            33
                      order may be made by the court when exercising jurisdiction          34
                      under the Civil Procedure Act 2005. An order made by the court       35
                      is enforceable as if it were an order made by the court when         36
                      exercising jurisdiction under that Act.                              37




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Energy Legislation Amendment (Infrastructure Protection) Bill 2009

Amendment of Electricity Supply Act 1995 No 94                          Schedule 1




              (4)    Orders may be made under this section in addition to any penalty    1
                     that may be imposed or any other action that may be taken in        2
                     relation to the offence concerned.                                  3

              (5)    Orders may be made under this section regardless of whether any     4
                     penalty is imposed, or other action taken, in relation to the       5
                     offence concerned.                                                  6

              (6)    In this section:                                                    7
                     the court means the court that convicts a person of the offence     8
                     concerned.                                                          9
                     the offender means the person who is convicted of the offence.     10

    63ZC      Civil liability of designated information provider                        11

              (1)    This section applies to the following persons:                     12
                     (a) the designated information provider, any officer or            13
                           employee of the designated information provider or any       14
                           person acting on behalf of the designated information        15
                           provider,                                                    16
                     (b) a network operator, any officer or employee of the network     17
                           operator or any person acting on behalf of the network       18
                           operator.                                                    19

              (2)    A person to whom this section applies does not incur any civil     20
                     monetary liability for any act or omission in connection with a    21
                     request for information under section 63Z or the provision of      22
                     information in compliance or purported compliance with the         23
                     regulations under section 63Y unless the act or omission is done   24
                     or made in bad faith or through negligence.                        25

              (3)    The civil monetary liability for an act or omission of a kind      26
                     referred to in subsection (2) done or made through negligence      27
                     may not exceed the maximum amount prescribed by the                28
                     regulations.                                                       29

              (4)    For the purposes of subsection (3), the regulations may:           30
                     (a) prescribe maximum amounts that are limited in their            31
                           application to persons, events, circumstances, losses or     32
                           periods specified in the regulations, and                    33
                     (b) prescribe maximum amounts that vary in their application       34
                           according to the persons to whom or the events,              35
                           circumstances, losses or periods to which they are           36
                           expressed to apply, and                                      37
                     (c) prescribe the manner in which a maximum amount is to be        38
                           divided amongst claimants.                                   39




                                                                             Page 7
                 Energy Legislation Amendment (Infrastructure Protection) Bill 2009

Schedule 1          Amendment of Electricity Supply Act 1995 No 94




              (5)      A person to whom this section applies may enter into an                1
                       agreement with another person varying or excluding the                 2
                       operation of a provision of this section and, to the extent of that    3
                       agreement, that provision does not apply.                              4

              (6)      This section does not apply to any liability of an officer or          5
                       employee of a person to whom this section applies to the person.       6

              (7)      In this section:                                                       7
                       civil monetary liability means liability to pay damages or             8
                       compensation or any other amount in a civil proceeding, but does       9
                       not include the costs of proceedings.                                 10

[4]    Section 65 Interference with electricity works                                        11

       Omit the matter relating to the maximum penalty. Insert instead:                      12
                   Maximum penalty:                                                          13
                   (a) in the case of a corporation--4,000 penalty units, or                 14
                   (b) in any other case--200 penalty units or imprisonment for              15
                          5 years (or both).                                                 16

[5]    Section 65 (2)-(4)                                                                    17

       Insert at the end of section 65:                                                      18

              (2)      An offence under this section that is committed by an individual      19
                       is an indictable offence.                                             20

              (3)      Chapter 5 of the Criminal Procedure Act 1986 (which relates to        21
                       the summary disposal of certain indictable offences unless an         22
                       election is made to proceed on indictment) applies to and in          23
                       respect of an indictable offence under this section.                  24

              (4)      Section 102 does not apply to an indictable offence under this        25
                       section.                                                              26
                       Note. Offences by corporations are to be dealt with summarily (see    27
                       section 102 (1) and (2)).                                             28

[6]    Section 100A                                                                          29

       Insert after section 100:                                                             30

      100A   Personal liability of authorised officers of network operators                  31

              (1)      A matter or thing done or omitted to be done by an authorised         32
                       officer appointed by a network operator does not, if the matter or    33
                       thing was done or omitted in good faith for the purpose of            34
                       exercising a function under this Act, subject any such officer        35
                       personally to any action, liability, claim or demand.                 36




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Energy Legislation Amendment (Infrastructure Protection) Bill 2009

Amendment of Electricity Supply Act 1995 No 94                          Schedule 1




              (2)    However, any such liability attaches instead to the network          1
                     operator concerned.                                                  2

[7]    Section 106 Regulations                                                            3

       Insert ", 63Y, 63Z" after "16" in section 106 (2).                                 4

[8]    Schedule 6 Savings, transitional and other provisions                              5

       Insert at the end of clause 1 (1):                                                 6
                     Energy Legislation Amendment (Infrastructure Protection)             7
                     Act 2009                                                             8

[9]    Schedule 6                                                                         9

       Insert at the end of Schedule 6 with appropriate Part and clause numbering:       10


       Part          Provisions consequent on enactment of                               11
                     Energy Legislation Amendment                                        12
                     (Infrastructure Protection) Act 2009                                13

              Application of certain provisions                                          14

              (1)    In this clause, amending Act means the Energy Legislation           15
                     Amendment (Infrastructure Protection) Act 2009.                     16

              (2)    Section 63Y (1) (as inserted by the amending Act) applies to        17
                     licences whether or not granted before, on or after the             18
                     commencement of that subsection.                                    19

              (3)    A provision of section 63ZB or 65 (2)-(4) (as inserted by the       20
                     amending Act) applies to offences committed on or after the         21
                     commencement of that provision.                                     22

              (4)    Section 63ZC (as inserted by the amending Act) applies to acts or   23
                     omissions done or made on or after the commencement of that         24
                     section.                                                            25




                                                                              Page 9
                Energy Legislation Amendment (Infrastructure Protection) Bill 2009

Schedule 2         Amendment of Gas Supply Act 1996 No 38




Schedule 2               Amendment of Gas Supply Act 1996                                   1
                         No 38                                                              2

[1]   Section 50A                                                                           3

      Insert after section 50:                                                              4

      50A    Excavation work affecting gas works                                            5

             (1)      This section applies if a network operator has reasonable cause to    6
                      believe that the carrying out or proposed carrying out of             7
                      excavation work in, on or near its gas works:                         8
                      (a) could destroy, damage or interfere with those works, or           9
                      (b) could make those works become a potential risk to public         10
                            safety.                                                        11

             (2)      In those circumstances, a network operator may serve a written       12
                      notice on the person carrying out or proposing to carry out the      13
                      excavation work requiring the person:                                14
                       (a) to modify the excavation work, or                               15
                      (b) not to carry out the excavation work, but only if the            16
                            network operator is of the opinion that modifying the          17
                            excavation work will not be effective in preventing the        18
                            destruction or damage of, or interference with, the gas        19
                            works concerned or in preventing those works becoming a        20
                            potential risk to public safety.                               21

             (3)      A notice under subsection (2) must specify the excavation work       22
                      that is to be modified or not carried out.                           23

             (4)      A network operator may recover the following costs in a court of     24
                      competent jurisdiction as a debt owed to it by a person who          25
                      carried out excavation work the subject of a notice under            26
                      subsection (2):                                                      27
                      (a) the costs incurred in replacing any of the network               28
                             operator's gas works destroyed by the excavation work,        29
                      (b) the costs incurred in repairing any damage to the network        30
                             operator's gas works caused by the excavation work,           31
                      (c) the costs incurred in remedying or mitigating any                32
                             interference with the network operator's gas works caused     33
                             by the excavation work.                                       34

             (5)      A network operator may apply for an injunction to prevent the        35
                      carrying out of excavation work in, on or near its gas works.        36




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Energy Legislation Amendment (Infrastructure Protection) Bill 2009

Amendment of Gas Supply Act 1996 No 38                                       Schedule 2




              (6)    A network operator may take action under this section even if the          1
                     person carrying out the excavation work owns or occupies the               2
                     land in, on or over which the network operator's gas works are             3
                     situated.                                                                  4

[2]    Section 55 Powers of entry                                                               5

       Insert at the end of section 55 (1) (e):                                                 6
                            , or                                                                7
                       (f) monitoring any excavation work in accordance with                    8
                            regulations under section 64C, or                                   9
                      (g) exercising any function conferred on the network operator            10
                            by section 50 or 50A.                                              11

[3]    Part 4A                                                                                 12

       Insert after Part 4:                                                                    13


       Part 4A Protection of underground gas pipelines                                         14

      64A     Definitions                                                                      15

                     In this Part, designated information provider means:                      16
                      (a) Dial Before You Dig NSW/ACT Incorporated, or                         17
                     (b) if another person or body is prescribed by the regulations            18
                            for the purposes of this definition, that other person or          19
                            body.                                                              20

      64B     Provision of information on underground gas pipelines by network                 21
              operators                                                                        22

              (1)    It is a condition of a distributor's licence that the distributor must:   23
                      (a) be a member of the designated information provider, and              24
                     (b) comply with any obligations imposed by that membership.               25

              (2)    It is a condition of a reticulator's authorisation that the reticulator   26
                     must:                                                                     27
                      (a) be a member of the designated information provider, and              28
                     (b) comply with any obligations imposed by that membership.               29

              (3)    The regulations may make provision for or with respect to the             30
                     provision of information by network operators in respect of               31
                     underground gas pipelines, including (but not limited to) the             32
                     provision of such information in connection with a request for            33
                     information under section 64C.                                            34




                                                                                  Page 11
                Energy Legislation Amendment (Infrastructure Protection) Bill 2009

Schedule 2         Amendment of Gas Supply Act 1996 No 38




     64C     Requirements in relation to carrying out of certain excavation                 1
             work                                                                           2

             (1)      A person must not commence to carry out excavation work to            3
                      which this section applies, or authorise such excavation work to      4
                      be commenced, unless the person has first:                            5
                      (a) contacted the designated information provider and                 6
                            requested information as to the location and type of any        7
                            underground gas pipelines in the vicinity of the proposed       8
                            work, and                                                       9
                      (b) complied with any reasonable procedures of the                   10
                            designated information provider as to the manner of            11
                            contacting the designated information provider and the         12
                            information to be provided by the person in connection         13
                            with the person's request for information, and                 14
                      (c) allowed a reasonable period for the requested information        15
                            to be provided.                                                16
                      Maximum penalty: 20 penalty units.                                   17

             (2)      Subsection (1) does not require a person to whom that subsection     18
                      applies to comply with the requirements of that subsection in        19
                      relation to excavation work if another person to whom that           20
                      subsection applies has already complied with those requirements      21
                      in relation to that excavation work.                                 22

             (3)      A person must not carry out excavation work to which this            23
                      section applies, or authorise such excavation work to be carried     24
                      out, unless the person has ensured that any requirements of the      25
                      regulations in relation to the carrying out of the work are          26
                      complied with.                                                       27
                      Maximum penalty: 20 penalty units.                                   28

             (4)      The regulations may make provision for or with respect to the        29
                      following:                                                           30
                       (a) prescribing requirements in relation to the carrying out of     31
                            excavation work to which this section applies,                 32
                      (b) requiring notification to be given to a specified person or      33
                            body, or person or body of a specified class, in relation to   34
                            the carrying out of excavation work to which this section      35
                            applies,                                                       36
                       (c) the monitoring of excavation work to which this section         37
                            applies,                                                       38
                      (d) what constitutes reasonable procedures for the purposes of       39
                            subsection (1),                                                40




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Energy Legislation Amendment (Infrastructure Protection) Bill 2009

Amendment of Gas Supply Act 1996 No 38                                   Schedule 2




                     (e)    what constitutes a reasonable period for requested             1
                            information to be provided for the purposes of                 2
                            subsection (1).                                                3

              (5)    This section applies to excavation work in an area, and of a kind,    4
                     prescribed by the regulations.                                        5

     64D      Notification of damage to underground gas pipelines                          6

              (1)    A person must, as soon as practicable after becoming aware that       7
                     any action of the person or any action authorised by the person       8
                     has damaged an underground gas pipeline, notify the network           9
                     operator that owns the pipeline of the damage.                       10
                     Maximum penalty: 20 penalty units.                                   11

              (2)    The regulations may make provision for the manner in which a         12
                     person must notify for the purposes of subsection (1).               13

              (3)    Subsection (1) does not require a person to notify the network       14
                     operator of the damage concerned if another person to whom that      15
                     subsection applies has already notified the network operator of      16
                     the damage.                                                          17

      64E     Orders for costs, expenses and compensation at time offence                 18
              proved                                                                      19

              (1)    This section applies where a court convicts a person of an offence   20
                     against this Part or section 66.                                     21

              (2)    The court may, if it appears to the court that a network operator    22
                     has, by reason of the commission of the offence:                     23
                     (a) suffered loss or damage to its gas works, or                     24
                     (b) incurred costs and expenses in preventing or mitigating, or      25
                            in attempting to prevent or mitigate, any such loss or        26
                            damage,                                                       27
                     order the offender to pay to the network operator the costs and      28
                     expenses so incurred, or compensation for the loss or damage so      29
                     suffered, as the case may be, in such amount as is fixed by the      30
                     order.                                                               31

              (3)    A court may not make an order under subsection (2) for the           32
                     payment of an amount that exceeds the amount for which an            33
                     order may be made by the court when exercising jurisdiction          34
                     under the Civil Procedure Act 2005. An order made by the court       35
                     is enforceable as if it were an order made by the court when         36
                     exercising jurisdiction under that Act.                              37




                                                                             Page 13
                Energy Legislation Amendment (Infrastructure Protection) Bill 2009

Schedule 2         Amendment of Gas Supply Act 1996 No 38




             (4)      Orders may be made under this section in addition to any penalty    1
                      that may be imposed or any other action that may be taken in        2
                      relation to the offence concerned.                                  3

             (5)      Orders may be made under this section regardless of whether any     4
                      penalty is imposed, or other action taken, in relation to the       5
                      offence concerned.                                                  6

             (6)      In this section:                                                    7
                      the court means the court that convicts a person of the offence     8
                      concerned.                                                          9
                      the offender means the person who is convicted of the offence.     10

     64F     Civil liability of designated information provider                          11

             (1)      This section applies to the following persons:                     12
                      (a) the designated information provider, any officer or            13
                            employee of the designated information provider or any       14
                            person acting on behalf of the designated information        15
                            provider,                                                    16
                      (b) a network operator, any officer or employee of the network     17
                            operator or any person acting on behalf of the network       18
                            operator.                                                    19

             (2)      A person to whom this section applies does not incur any civil     20
                      monetary liability for any act or omission in connection with a    21
                      request for information under section 64C or the provision of      22
                      information in compliance or purported compliance with the         23
                      regulations under section 64B unless the act or omission is done   24
                      or made in bad faith or through negligence.                        25

             (3)      The civil monetary liability for an act or omission of a kind      26
                      referred to in subsection (2) done or made through negligence      27
                      may not exceed the maximum amount prescribed by the                28
                      regulations.                                                       29

             (4)      For the purposes of subsection (3), the regulations may:           30
                      (a) prescribe maximum amounts that are limited in their            31
                            application to persons, events, circumstances, losses or     32
                            periods specified in the regulations, and                    33
                      (b) prescribe maximum amounts that vary in their application       34
                            according to the persons to whom or the events,              35
                            circumstances, losses or periods to which they are           36
                            expressed to apply, and                                      37
                      (c) prescribe the manner in which a maximum amount is to be        38
                            divided amongst claimants.                                   39




Page 14
Energy Legislation Amendment (Infrastructure Protection) Bill 2009

Amendment of Gas Supply Act 1996 No 38                                    Schedule 2




              (5)    A person to whom this section applies may enter into an                1
                     agreement with another person varying or excluding the                 2
                     operation of a provision of this section and, to the extent of that    3
                     agreement, that provision does not apply.                              4

              (6)    This section does not apply to any liability of an officer or          5
                     employee of a person to whom this section applies to the person.       6

              (7)    In this section:                                                       7
                     civil monetary liability means liability to pay damages or             8
                     compensation or any other amount in a civil proceeding, but does       9
                     not include the costs of proceedings.                                 10

[4]    Section 66 Interference with gas works                                              11

       Omit the matter relating to the maximum penalty. Insert instead:                    12

                     Maximum penalty:                                                      13
                     (a) in the case of a corporation--4,000 penalty units, or             14
                     (b) in any other case--200 penalty units or imprisonment for          15
                          5 years (or both).                                               16

[5]    Section 66 (2)-(4)                                                                  17

       Insert at the end of section 66:                                                    18

              (2)    An offence under this section that is committed by an individual      19
                     is an indictable offence.                                             20

              (3)    Chapter 5 of the Criminal Procedure Act 1986 (which relates to        21
                     the summary disposal of certain indictable offences unless an         22
                     election is made to proceed on indictment) applies to and in          23
                     respect of an indictable offence under this section.                  24

              (4)    Section 81 does not apply to an indictable offence under this         25
                     section.                                                              26
                     Note. Offences by corporations are to be dealt with summarily (see    27
                     section 81 (1) and (2)).                                              28

[6]    Section 79A                                                                         29

       Insert after section 79:                                                            30

      79A     Personal liability of gas industry inspectors of network operators           31

              (1)    A matter or thing done or omitted to be done by a gas industry        32
                     inspector appointed by a network operator does not, if the matter     33
                     or thing was done or omitted in good faith for the purpose of         34
                     exercising a function under this Act, subject any such inspector      35
                     personally to any action, liability, claim or demand.                 36




                                                                              Page 15
                 Energy Legislation Amendment (Infrastructure Protection) Bill 2009

Schedule 2          Amendment of Gas Supply Act 1996 No 38




              (2)      However, any such liability attaches instead to the network         1
                       operator concerned.                                                 2

[7]   Section 83 Regulations                                                               3

      Insert after section 83 (5A):                                                        4

             (5B)      The regulations may, either unconditionally or subject to           5
                       conditions, exempt:                                                 6
                        (a) any specified person or class of persons, or                   7
                       (b) any specified matter or class of matters,                       8
                       from the operation of any one or more of sections 64B and 64C.      9

[8]   Schedule 2 Savings, transitional and other provisions                               10

      Insert at the end of clause 1 (1):                                                  11
                    Energy Legislation Amendment (Infrastructure Protection)              12
                    Act 2009                                                              13

[9]   Schedule 2                                                                          14

      Insert at the end of Schedule 2 with appropriate Part and clause numbering:         15


      Part             Provisions consequent on enactment of                              16
                       Energy Legislation Amendment                                       17
                       (Infrastructure Protection) Act 2009                               18

              Application of certain provisions                                           19

              (1)      In this clause, amending Act means the Energy Legislation          20
                       Amendment (Infrastructure Protection) Act 2009.                    21

              (2)      Section 64B (1) (as inserted by the amending Act) applies to       22
                       licences whether or not granted before, on or after the            23
                       commencement of that subsection.                                   24

              (3)      Section 64B (2) (as inserted by the amending Act) applies to       25
                       authorisations whether or not granted before, on or after the      26
                       commencement of that subsection.                                   27

              (4)      A provision of section 64E or 66 (2)-(4) (as inserted by the       28
                       amending Act) applies to offences committed on or after the        29
                       commencement of that provision.                                    30

              (5)      Section 64F (as inserted by the amending Act) applies to acts or   31
                       omissions done or made on or after the commencement of that        32
                       section.                                                           33




Page 16
Energy Legislation Amendment (Infrastructure Protection) Bill 2009

Amendment of Criminal Procedure Act 1986 No 209                        Schedule 3




Schedule 3              Amendment of Criminal Procedure Act                             1
                        1986 No 209                                                     2

[1]    Section 268 Maximum penalties for Table 2 offences                               3

       Insert after section 268 (2) (m):                                                4
                      (n) for an offence under section 65 of the Electricity Supply     5
                            Act 1995--in the case of an individual, imprisonment for    6
                            2 years, or a fine of 100 penalty units (or both),          7
                      (o) for an offence under section 66 of the Gas Supply Act         8
                            1996--in the case of an individual, imprisonment for        9
                            2 years, or a fine of 100 penalty units (or both).         10

[2]    Schedule 1 Indictable offences triable summarily                                11

       Insert at the end of Table 2 in Schedule 1 with appropriate Part and clause     12
       numbering:                                                                      13


       Part          Offences relating to underground                                  14
                     electricity power lines and gas pipelines                         15

              Electricity Supply Act 1995                                              16

                     An offence under section 65 of the Electricity Supply Act 1995    17
                     committed by an individual.                                       18

              Gas Supply Act 1996                                                      19

                     An offence under section 66 of the Gas Supply Act 1996            20
                     committed by an individual.                                       21




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