4—Amendment of section 4—Interpretation
(1) Section 4
(1)—before the definition of "authorised officer insert:
"annual gas consumption level" means a level of consumption of gas determined
in accordance with the regulations (and the regulations may, for that purpose,
make provision for the estimation or agreement of the level in specified
circumstances);
(2)
Section 4(1)—after the definition of "authorised officer insert:
"Commission" means the Essential Services Commission established under the
Essential Services Commission Act 2002 ;
(3) Section 4(1),
definition of "consumer"—delete the definition
(4) Section 4(1),
definition of "council"—delete "1934" and substitute:
1999
(5)
Section 4(1)— after the definition of "council" insert:
"customer" means a person who has a supply of gas available from a
distribution system for consumption by that person, and includes—
(a) the
occupier for the time being of a place to which gas is supplied by a
distribution system; and
(b)
where the context requires, a person seeking a supply of gas from a
distribution system; and
(c) a
person of a class declared by regulation to be customers;
(6) Section 4(1),
definition of "disconnect"—delete
"consumer" and substitute:
customer
(7) Section 4(1),
definition of "distribution system", (a)—delete "pipeline in respect of
which a licence has been granted or is required under Part 2B of the Petroleum
Act 1940 " and substitute:
transmission pipeline
(8) Section 4(1),
definition of "non-contestable consumer —delete the definition
(9) Section 4(1),
definition of "Pricing Regulator —delete the definition
(10)
Section 4(1)—after the definition of "retailing" insert:
"retail market administrator" means an administrator of retail market rules;
"retail market rules" means—
(a)
rules relating to interactions between any of the following:
(i)
gas entities retailing gas;
(ii)
gas entities operating distribution systems;
(iii)
the retail market administrator administering the rules;
or
(b)
rules relating to prescribed matters,
being such rules—
(c) as
initially approved by the Minister; and
(d) if
an amendment is made to the rules in accordance with their terms and, subject
to subsections (2) and (3), approved by the Commission—as so amended
from time to time;
"small customer" means a customer classified by regulation as a small
customer;
(11)
Section 4(1)—after the definition of "Technical Regulator insert:
"transmission pipeline" means a transmission pipeline within the meaning of
the Petroleum Act 2000 .
(12)
Section 4(2)—delete subsection (2) and substitute:
(2) Retail market
rules may make exceptions from the requirement that amendments of the rules be
approved by the Commission.
(3) The
regulations—
(a) may
make provisions relating to the process for approval of amendments of retail
market rules; and
(b) may
deem an amendment of retail market rules to have the approval of the
Commission in certain circumstances.