New South Wales Consolidated Acts

NATIONAL GAS (NSW) LAW - SECT 48

48 Service and making of regulatory information instruments

(1) Subject to this Division, the AER, if it considers it reasonably necessary for the performance or exercise of its functions or powers under this Law or the Rules, may--

(a) serve a regulatory information notice on a service provider or a related provider; or

(b) make a general regulatory information order.

(2) In considering whether it is reasonably necessary to serve a regulatory information notice, or make a general regulatory information order, the AER must have regard to--

(a) the matter to be addressed by--

(i) the service of the regulatory information notice; or

(ii) the making of the general regulatory information order; and

(b) the likely costs that may be incurred by an efficient service provider or efficient related provider in complying with the notice or order.

The AER must also exercise its powers under this section in a manner that will or is likely to contribute to the achievement of the national gas objective: see section 28.

(2a) Subject to this Division, the AER, if it considers it reasonably necessary for the performance of its AER gas price reporting functions, may make a price information order.

(3) A regulatory information notice must not be served, or a general regulatory information order or a price information order must not be made, solely for the purpose of--

(a) investigating breaches or possible breaches of provisions of this Law, the Regulations or the Rules, including offences against this Law; or

(b) instituting and conducting proceedings in relation to breaches of provisions of this Law, the Regulations or the Rules, including offences against this Law; or

(c) instituting and conducting appeals from decisions in proceedings referred to in paragraph (b); or

(e) any application for review of a decision of the AER under Chapter 8 Part 5.