New South Wales Consolidated Acts

GAS SUPPLY ACT 1996 - SECT 75A

75A Regulatory functions of Tribunal

(1) The regulatory functions of the Tribunal under this Act are--

(a) the function of making recommendations under subsection (2), and

(b) the function of monitoring and reporting under subsections (3) and (3A), and

(c) the function of imposing monetary penalties, or requiring other action to be taken, under section 13A or 42A, and

(d) such other functions of the Tribunal under this Act as are specified by the regulations for the purposes of this section.

(2) The Tribunal has the function of making recommendations to the Minister for or with respect to--

(a) the grant, transfer or cancellation of an authorisation or licence, and

(b) the imposition, variation or cancellation of conditions in relation to an authorisation or licence, and

(c) action to be taken, and sanctions to be applied, in respect of a contravention of the conditions of an authorisation or licence, and

(d) any remedial action that may be warranted as a result of a contravention of the conditions of an authorisation or licence.

(3) The Tribunal has the function of monitoring compliance by the holder of an authorisation or licence with the conditions of the authorisation or licence.

(3C) As soon as practicable after 30 June (but on or before 31 October) in each year, the Tribunal must prepare and forward to the Minister a report on the extent to which holders of authorisations or licences have complied, or failed to comply, with the conditions imposed on the authorisations or licences held by them during the 12 months ending on 30 June in that year.

(3D) The Minister must lay the report or cause it to be laid before both Houses of Parliament as soon as practicable after receiving the report.

(3E) If a House of Parliament is not sitting when the Minister seeks to table the report, the Minister may present copies of the report to the Clerk of the House concerned.

(3F) The report--

(a) on presentation and for all purposes is taken to have been laid before the House, and

(b) may be printed by authority of the Clerk of the House, and

(c) if printed by authority of the Clerk, is for all purposes taken to be a report published by or under the authority of the House, and

(d) is to be recorded--

(i) in the case of the Legislative Council, in the Minutes of the Proceedings of the Legislative Council, and

(ii) in the case of the Legislative Assembly, in the Votes and Proceedings of the Legislative Assembly,

on the first sitting day of the House after receipt of the report by the Clerk.

(4) Part 4B of the Independent Pricing and Regulatory Tribunal Act 1992 applies in relation to the Tribunal's regulatory functions under this Act.