New South Wales Consolidated Acts

GAS SUPPLY ACT 1996 - SECT 83

83 Regulations

(1) The Governor may make regulations not inconsistent with this Act, the National Energy Retail Law (NSW) , the National Energy Retail Regulations (NSW) , the National Gas (NSW) Law or the National Gas (NSW) Regulations for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) In particular, the regulations may make provision for or with respect to the following matters--

(a) the production, storage and conveyance of gas,

(b) the establishment of gas quality and gas safety standards,

(c) the design and construction of gas pipes and associated equipment,

(d) distributor service standards for reticulators that are distributors within the meaning of the National Energy Retail Law (NSW) ,

(f) the construction, alteration, extension, maintenance, repair and operation of distribution pipelines or distribution systems,

(g) the carrying out of work involving the installation or replacement of a gas meter or any part of the basic metering equipment,

(g1) the installation, alteration, extension or repair of, or any other work on, a consumer service,

(h) the reporting of accidents,

(i) the keeping of records, information and statistics in relation to the operation of distribution pipelines or distribution systems and the supply of gas,

(j) the circumstances under which gas supply may be refused or discontinued,

(k) the procedures to be adopted by distributors for the resolution of customer complaints,

(l) fees, charges and payments,

(m) facilitating the Government's social programs for gas, including--

(i) the adoption of Codes with respect to the implementation of any such program in relation to a specified class or specified classes of customers, and

(ii) the payment and assessment of implementation and enforcement costs, and

(iii) the publication of Codes, and

(iv) the application of such programs to distributors, reticulators, retailers and exempt sellers, and

(v) the enforcement of Codes, in particular the giving and enforcement of undertakings with respect to compliance with Codes, and

(vi) the conferral of jurisdiction on the Local Court with respect to the enforcement of undertakings.

(3) Without limiting subsection (2), the regulations must make provision for each of the following matters--

(a) customer supply contracts to be used in connection with the supply of gas to customers by distributors,

(b) the form and content of bills to be rendered to customers by distributors in connection with the supply of gas,

(c) the debt collection procedures to be observed by distributors in relation to amounts owed by customers in connection with the supply of gas,

(d) the standards of service to be provided to customers by distributors in connection with the supply of gas,

(e) the constitution and procedures of customer councils to advise distributors on matters concerning the supply of gas to customers.

(4) Regulations may not be made with respect to any of the matters referred to in subsection (3) unless the Minister certifies to the Governor that the Minister has consulted with appropriate representatives of consumers, the public, relevant interest groups, and any sector of industry or commerce, likely to be affected by those regulations and with the Minister for Innovation and Better Regulation in connection with those regulations.

(5A) Regulations may not be made with respect to any of the matters referred to in subsection (3) (a) unless the Minister certifies to the Governor that the Minister has consulted with the Tribunal in connection with those regulations.

(5B) The regulations may, either unconditionally or subject to conditions, exempt--

(a) any specified person or class of persons, or

(b) any specified matter or class of matters,

from the operation of any one or more of sections 64B and 64C.

(6) A regulation may create an offence punishable by a penalty not exceeding--

(a) for a corporation--10,000 penalty units, or

(b) for an individual--5,000 penalty units.

(7) A regulation may apply, adopt or incorporate the provisions of any standard, code or specification, either as in force as at a particular day or as in force for the time being.