South Australian Numbered Acts

GAS (TEMPORARY RATIONING) AMENDMENT ACT 2004 (NO 17 OF 2004) - SECT 5

5—Insertion of sections 37AB and 37AC

After section 37A insert:

37AB—Obligation to preserve confidentiality

        (1)         The Minister must preserve the confidentiality of information gained in the course of the performance of the Minister's functions under this Division (or regulations made for the purposes of this Division), including information gained by an authorised officer under Part 6, that—

            (a)         could affect the competitive position of a gas entity or other person; or

            (b)         is commercially sensitive for some other reason.

        (2)         Subsection (1) does not apply to—

            (a)         the disclosure of information between persons engaged in the administration of this Division; or

            (b)         the disclosure of information as required for the purposes of legal proceedings related to this Division (or regulations made for the purposes of this Division).

        (3)         Information classified by the Minister as confidential under this section is not liable to disclosure under the Freedom of Information Act 1991 .

37AC—Regulations relating to gas rationing

The power of the Governor to make regulations under this Act includes (without limitation) power to make regulations for the purposes of this Division—

            (a)         making provision relating to contractual relations between customers and sellers of gas affected by directions under this Division;

            (b)         requiring sellers of gas affected by directions under this Division to repay to customers any amounts that under applicable contractual terms were not payable by the customers;

            (c)         prescribing a penalty not exceeding $10 000 for contravention of a regulation made for the purposes of this Division.

37AD—Prosecution for contravention of Division requires Minister's consent

        (1)         A prosecution for a contravention of this Division (or regulations made for the purposes of this Division), may only be commenced with the consent of the Minister.

        (2)         In any legal proceedings an apparently genuine certificate, purporting to be signed by the Minister, certifying that the Minister consented to the commencement of a prosecution referred to in subsection (1) will, in the absence of proof to the contrary, be accepted as proof of the matters so certified.