GAS SUPPLY ACT 2003

Queensland Consolidated Acts

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- As at 4 April 2024
- Act 29 of 2003

TABLE OF PROVISIONS

Long Title

CHAPTER 1 - PRELIMINARY

PART 1 - INTRODUCTION

1. Short title
2. Commencement

PART 2 - PURPOSE AND APPLICATION OF ACT

3. Main purposes of Act
4. Gas-related matters to which Act does not apply
5. Act binds all persons
5A. Declaration for Commonwealth Act
6. Act does not affect other rights or remedies

PART 3 - INTERPRETATION

Division 1 - Dictionary

7. Definitions

Division 2 - Key definitions

Subdivision 1 - The regulator

8. Who is the regulator

Subdivision 2 - Covered gases

9. What is a covered gas
10. (Repealed)
11. (Repealed)

Subdivision 3 - Pipelines and pipeline systems

12. What is a transmission pipeline
13. What is a distribution pipeline
14. What is a distribution system
15. When covered gas is reticulated

Subdivision 4 - Customers

16. Customers and their types
17. (Repealed)
18. (Repealed)

Subdivision 5 - Customer connection and retail services

19. What are customer connection services
20. (Repealed)

Subdivision 6 - Distribution authorities and distributors

21. What are a distribution authority and distribution area
22. Distributors and references to distributors
23. (Repealed)

Subdivision 7 - (Repealed)

CHAPTER 2 - DISTRIBUTION OF COVERED GASES

PART 1 - DISTRIBUTION AUTHORITIES

Division 1 - Applying for and obtaining distribution authority

Subdivision 1 - Application

27. Who may apply for distribution authority
28. Requirements for application
29. Public notice by regulator and submissions
30. (Repealed)
31. Deciding application
32. Criteria for deciding application
33. (Repealed)
34. Term of authority

Subdivision 2 - Steps after deciding application

35. Notice of decision to grant application
36. Lapsing of application if conditions not accepted
37. Issue and public notice of authority
38. Information notice about refusal

Division 2 - Distribution authority conditions

39. Operation of div 2
40. General conditions
41. Ring fencing requirement
42. Obligation to operate and maintain distribution pipes
43. Restriction for distributors
44. (Repealed)
45. (Repealed)
46. Standard for distribution pipes
47. Inquiry practices and procedures
48. Contingency practices and procedures
49. Compliance with contingency supply plan requirements
50. Participation in retailer of last resort scheme
50A. Compliance with distribution network codes
50B. Membership of energy ombudsman scheme
51. Conditions imposed under a regulation

Division 3 - Amendment, cancellation and suspension of distribution authority

Subdivision 1 - Amendment by regulator

52. Amendments for which proposed action notice is not required
53. Amendments for which proposed action notice is required
54. Imposed condition can not be amended

Subdivision 2 - Amendment by application

55. Applying for amendment
56. Deciding application

Subdivision 3 - Amendment, cancellation or suspension by regulator

57. Conditions for amendment, cancellation or suspension

Subdivision 4 - Procedure for immediate suspension

58. Immediate suspension

Subdivision 5 - Procedure for amendment, cancellation or suspension other than immediate suspension

59. Application of sdiv 5
60. Notice of proposed action
61. Considering submissions
62. Decision on proposed action
63. Notice and taking of effect of proposed action decision

Division 4 - Dealings with distribution authority

Subdivision 1 - Renewals

64. Applying for renewal
65. Deciding renewal application
66. Continuing effect of authority for renewal application

Subdivision 2 - Transfers

67. Transfer only by application
68. Applying for transfer
69. Deciding transfer application

Subdivision 3 - Mortgages

70. Mortgage of distribution authority
71. Notice of intention to exercise powers under mortgage
72. Consequence of exercising powers under mortgage

Subdivision 4 - Surrenders

73. Surrenders

Division 5 - (Repealed)

PART 2 - GAS INFRASTRUCTURE

Division 1 - Preliminary

75. What is gas infrastructure and gas infrastructure work
75A. References to distributor in pt 2 includes a reference to LPG distributor
76. What is a public entity
77. Publicly controlled places and their public entities

Division 2 - Carrying out gas infrastructure work on publicly controlled places

Subdivision 1 - When work may be carried out

78. Right to carry out work on publicly controlled place
79. Requirements for carrying out work
80. Obtaining public entity’s approval
81. Conditions of approval

Subdivision 2 - Obligations in carrying out work

82. Application of sdiv 2
83. Guarding
84. Warning signs on roads
85. General obligations in carrying out work
86. Maintenance

Subdivision 3 - Work directions

87. Power to give work direction
88. Compliance with work direction
89. Costs of carrying out directed work

Division 3 - Public entity work

90. Application of div 3
91. Requirement to consult if gas infrastructure affected
92. Power to require consequential work
93. Compliance with consequential work requirement
94. Costs of carrying out required consequential work

Division 4 - Gas infrastructure interfering with publicly controlled place

95. Application of div 4
96. Remedial action by public entity in emergency
97. Power to require remedial action
98. Compliance with remedial action requirement
99. Costs of taking required remedial action

Division 5 - Miscellaneous provisions

100. Ownership of gas infrastructure that becomes part of land
101. Compensation

PART 3 - CUSTOMER CONNECTION SERVICES

Division 1 - Preliminary

102. Application of pt 3

Division 2 - Applying for and obtaining customer connection services

Subdivision 1 - Applying for customer connection services

103. Who may apply for customer connection services
104. Deciding application
104A. Information notice for refusal of services

Subdivision 2 - Steps after granting application

105. Distributor’s obligation to propose terms
106. Connection contract
107. (Repealed)
108. Commencement of customer connection services
109. Limits on provision of customer connection services

Subdivision 3 - Requirements for connection contracts

109A. General limits on what may be negotiated
109B. Provisions for small customers
109C. Provisions for large customers

Division 3 - Changes to installations for covered gases

110. Application of div 3
111. Obligation to give information to allow proposed changes
112. Applying to change connection

Division 4 - (Repealed)

Division 5 - (Repealed)

PART 4 - METER AND CONTROL APPARATUS REQUIREMENTS

125. Operation of pt 4
126. Distributor must provide meter
127. Matters that may be considered for placement
128. Placing meter on customer’s premises
129. Change of meter placement
130. Customer must provide safe access
131. Alternative measurement

PART 5 - DISTRIBUTION OFFICERS

Division 1A - Preliminary

131A. References to distributor and covered gas in pt 5

Division 1 - Appointment and functions

132. Appointment
133. Functions
134. Distribution officers are public officials for particular functions
135. Issue of identity card
136. Production or display of identity card
137. Return of identity card

Division 2 - Powers of entry

138. Power to enter—general
139. Power to enter to make gas infrastructure safe
140. Power to enter for emergency
141. Power to enter common property unaffected

Division 3 - Safeguards

142. Duty to avoid damage
143. Notice of damage
144. Content of notice of damage
145. Compensation from distributor to owner or occupier

PART 6 - (Repealed)

CHAPTER 3 - SUPPLY OF RETICULATED COVERED GASES

PART 1 - RETAILERS AND PARTICULAR EXEMPT SELLERS

148. (Repealed)
149. (Repealed)
150. (Repealed)
151. (Repealed)
152. (Repealed)
153. (Repealed)
154. (Repealed)
155. (Repealed)
156. (Repealed)
157. (Repealed)
158. (Repealed)
159. (Repealed)
160. (Repealed)
161. (Repealed)
162. (Repealed)
163. (Repealed)
164. (Repealed)
165. (Repealed)
166. (Repealed)
167. (Repealed)
168. (Repealed)
169. (Repealed)
170. (Repealed)
171. (Repealed)
172. (Repealed)
173. (Repealed)
174. (Repealed)
174A. (Repealed)
174B. (Repealed)
175. (Repealed)
175A. Retailer or particular exempt sellers must enter into community services agreement
176. (Repealed)
177. (Repealed)
178. (Repealed)
179. (Repealed)
180. (Repealed)
181. (Repealed)
182. (Repealed)
183. (Repealed)
184. (Repealed)
185. (Repealed)
186. (Repealed)
187. (Repealed)
188. (Repealed)
189. (Repealed)
190. (Repealed)
191. (Repealed)
192. (Repealed)
193. (Repealed)
194. (Repealed)
195. (Repealed)
196. (Repealed)
197. (Repealed)

PART 2 - (Repealed)

PART 3 - ON-SUPPLY

213. On-suppliers and their receivers
214. (Repealed)
215. (Repealed)
216. (Repealed)
217. (Repealed)
218. (Repealed)
219. (Repealed)
220. (Repealed)
221. (Repealed)
222. Individual metering option
223. Compensation for installation damage
224. (Repealed)
225. (Repealed)
226. (Repealed)
227. (Repealed)

PART 4 - PRICING

Division 1 - QCA investigation

227A. Direction by Minister to investigate effectiveness of retail competition
227B. Period for giving report
227C. Terms of reference
227D. Notice of pricing investigation or amended term of reference or direction
227E. Conduct of pricing investigation
227F. Required consultation for report

Division 2 - Notified prices

228. Fixing of prices
228A. Restrictions on the first exercise of price fixing power
229. Review of notified prices
230. Public advertisement of notified prices
231. Requirement to comply with notified prices
232. Additional consequences of failure to comply with notified prices
233. Directions for prices notification
234. Requirement to comply with direction for prices notification
235. (Repealed)

CHAPTER 4 - SUFFICIENCY OF SUPPLY

PART 1 - PRELIMINARY

236. Who is an industry participant

PART 2 - CONTINGENCY SUPPLY PLANS

237. Regulator’s power to require plan
238. Regulator’s power to make plan
239. Contingency supply plan—content requirements
240. Requirement to comply with plan
241. Limitation of industry participant’s liability because of compliance with plan
242. When plan must be revised
243. Regulator’s power to amend plan

PART 3 - INFORMATION REQUIREMENTS

244. Notice of significant disruption
245. Regulator’s power to require information from industry participant
246. Failure to comply with information requirement
247. Notice of intention to stop transport or sale of covered gas or customer connection services

PART 4 - (Repealed)

PART 5 - INSUFFICIENCY OF SUPPLY DECLARATIONS AND DIRECTIONS

Division 1 - Insufficiency of supply declarations

251. Minister’s power to make declaration
252. Requirements for making declaration
253. Duration of declaration

Division 2 - Insufficiency of supply directions

254. Minister’s power to give directions while declaration in force
255. Failure to comply with direction
256. Liability of recipient for covered gas supplied under direction
257. Direction overrides contracts
257AA. Exemption from Petroleum and Gas (Production and Safety) Act, ss 800, 802 and 803 for person complying with direction

CHAPTER 4A - (Repealed)

CHAPTER 5 - RESOLUTION OF GAS INFRASTRUCTURE WORK DISPUTES

258. Application of ch 5
259. (Repealed)
260. (Repealed)
261. (Repealed)
262. (Repealed)
263. (Repealed)
264. (Repealed)
265. (Repealed)
266. (Repealed)
267. Referral to regulator to mediate
268. Regulator’s powers
269. Resolution by Governor in Council
270. Exclusion of other jurisdictions

CHAPTER 5A - DISTRIBUTION NETWORK CODES

PART 1 - INITIAL DISTRIBUTION NETWORK CODES

270A. Making of initial distribution network codes by Minister
270B. Specific matters for which code may provide
270BA. Required consultation
270C. Gazettal and taking of effect of code
270D. Tabling of code

PART 2 - QCA DISTRIBUTION NETWORK CODES

270E. QCA may make distribution network code
270F. QCA code objective
270G. Required consultation
270H. Ministerial approval
270I. When approved QCA distribution network code takes effect
270J. Tabling of QCA distribution network code

PART 3 - REVIEW OF DISTRIBUTION NETWORK CODES AND RELATED MATTERS

270K. Direction by Minister to review
270L. Terms of reference
270M. Notice of review or amended term of reference or direction
270N. Conduct of review

PART 4 - AMENDING DISTRIBUTION NETWORK CODES

270O. Application of pt 4
270OA. Required consultation for amendment
270OB. Application of pt 2 other than its consultation provision

PART 5 - ENFORCING DISTRIBUTION NETWORK CODES

Division 1 - Code contravention notices

Subdivision 1 - Preliminary

270P. Application of div 1
270Q. Criteria for deciding material contravention

Subdivision 2 - Warning notices

270R. Warning notice may be given
270S. Requirements for warning notice
270T. Considering submissions on warning notice

Subdivision 3 - Action after warning notice

270U. Giving of code contravention notice
270V. Duration of code contravention notice

Division 2 - Proceedings

270W. Proceeding for civil penalty order
270X. How order enforced
270Y. Injunctions
270Z. Conduct by directors, servants or agents

Division 3 - Referrals to regulator

270ZA. When QCA must refer material contravention
270ZB. When QCA may refer material contravention
270ZC. Guidelines for exercise of QCA powers for civil penalties
270ZD. How regulator deals with referral

Division 4 - Production of documents or information

270ZE. Notice to produce documents or information
270ZF. Protection of confidential information given for investigation

Division 5 - Audits

270ZG. QCA’s powers concerning audit of compliance with distribution network code
270ZH. Responsibility for cost of audit
270ZI. Independent auditor may require reasonable help or information
270ZJ. Audit report and submissions on report

PART 6 - MISCELLANEOUS PROVISIONS

270ZJA. Relationship with Fair Trading Act 1989
270ZJB. (Repealed)

CHAPTER 6 - MISCELLANEOUS PROVISIONS

PART 1A - CIVIL PENALTY FOR PARTICULAR CONTRAVENTIONS

270ZK. Application of pt 1A
270ZL. Regulator may impose civil penalty
270ZM. Information notice about and taking effect of decision
270ZN. Civil penalty recoverable as a debt

PART 1B - ENFORCING SECTION 175A AGAINST RETAILERS

Division 1 - Contravention notices

Subdivision 1 - Preliminary

271AA. Application of pt 1B
271AB. Criteria for deciding material contravention

Subdivision 2 - Warning notices

271AC. Warning notice may be given
271AD. Requirements for warning notice
271AE. Considering submissions on warning notice

Subdivision 3 - Action after warning notice

271AF. Giving of contravention notice
271AG. Duration of contravention notice

Division 2 - Proceedings

271AH. Proceeding for civil penalty order
271AI. How order enforced
271AJ. Injunctions
271AK. Conduct by directors, servants or agents

Division 3 - Production of documents or information

271AL. Notice to produce documents or information

PART 1 - REVIEWS

Division 1 - Internal reviews

271. Who may apply for internal review
272. Requirements for making internal review application
273. Stay of operation of original decision
274. Internal review decision
275. Internal review procedure
276. Reviewer may seek advice or information
277. Offence about disclosure of advice or information
278. Notice of internal review decision

Division 2 - External reviews by QCAT

279. External review of internal review decision
280. (Repealed)
281. (Repealed)
282. (Repealed)
283. (Repealed)
284. (Repealed)
285. (Repealed)

PART 2 - GENERAL OFFENCES

286. Unlawfully operating distribution pipeline
287. Unlawful tampering with gas infrastructure
288. (Repealed)
289. Unlawfully taking covered gas or LPG
289A. Restriction on providing gas retail market services
290. False or misleading information
291. Attempts to commit offences

PART 3 - OFFENCE PROCEEDINGS

Division 1 - General provisions

292. Offences under Act are summary
293. Statement of complainant’s knowledge
294. Allegations of false or misleading matters
295. Evidence of tampering with gas infrastructure
296. Conduct of representatives

Division 2 - Provisions for proceedings for unlawfully taking covered gases or LPG

297. Evidence of unlawful taking of covered gases or LPG
298. Proceeding may be for a period
299. Ownership of covered gases or LPG for proceeding

Division 3 - Provisions for civil penalty proceedings

299A. Relationship with criminal proceedings
299B. Avoidance of multiple penalties

PART 4 - GENERAL REMEDIES
Note—

300. Forfeiture and costs of remedial work
301. Additional consequences of unlawfully operating distribution pipe
302. (Repealed)
303. Recovery of unlawful profits

PART 5 - EVIDENTIARY PROVISIONS

304. Application of pt 5
305. Appointments and authority
306. Signatures
307. Other evidentiary aids
307A. Evidentiary effect of code contravention notice

PART 6 - REGISTERS

308. Register of authorities
309. Keeping of register of authorities
310. Access to register of authorities
310A. Registers QCA must keep

PART 7 - ADDITIONAL PROVISIONS FOR APPLICATIONS

311. Substantial compliance with application requirements may be accepted
312. Additional information may be required about application
313. Power to refund application fee on withdrawal

PART 8 - OTHER MISCELLANEOUS PROVISIONS

314. Replacement of authority
315. Protection from civil liability for particular persons
316. Limitation of liability of distributors
316A. Protection from liability of member or employee of QCA
317. Power to require additional information
318. Confidentiality of particular information
319. Application of provisions
320. Delegation by Minister
321. Delegation by regulator
321A. (Repealed)
321B. Reporting to Minister by QCA
322. Approved forms
323. Regulation-making power

CHAPTER 7 - TRANSITIONAL PROVISIONS

PART 1 - TRANSITIONAL PROVISIONS FOR ELECTRICITY AND OTHER LEGISLATION AMENDMENT ACT 2006

324. Definitions for pt 1
325. Conversion of customer retail contracts for particular small customers to standard contracts
326. Small customer may enter into negotiated retail contract before FRC day
327. Transitional retail contracts
328. References to other particular contracts under pre-amended Act
329. Price publication requirements of area retailers for FRC
330. Area retailer’s obligations about standard terms apply 1 month before FRC day
331. Price publication requirements of general retailers for FRC
332. Existing mediated agreements
333. Existing orders on arbitrated disputes

PART 2 - TRANSITIONAL PROVISION FOR MINES AND ENERGY LEGISLATION AMENDMENT ACT 2009

334. Continued protection from civil liability for particular persons

PART 3 - TRANSITIONAL PROVISIONS FOR ELECTRICITY COMPETITION AND PROTECTION LEGISLATION AMENDMENT ACT 2014

335. Definition for pt 3
336. Continuation of cancellation or suspension of distribution authorities
337. Unfinished customer connection services
338. Undecided retail authority applications
339. Existing retail authorities
340. Continuation of actions by QCA
341. Regulator may continue to impose civil penalties

PART 4 - TRANSITIONAL PROVISIONS FOR GAS SUPPLY AND OTHER LEGISLATION (HYDROGEN INDUSTRY DEVELOPMENT) AMENDMENT ACT 2023

342. Definitions for part
343. Existing distribution authorities
344. Insufficiency of supply declarations
345. Insufficiency of supply directions
SCHEDULE 1
SCHEDULE 2
Schedule 3 (Repealed)

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