Victorian Current Acts

GAS INDUSTRY ACT 2001

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purpose  
   2.      Commencement  
   3.      Definitions  
   4.      Crown to be bound  
   5.      Extra-territorial operation  
   6.      Construction of Act  

   PART 2--APPLICATION OF ACT

           Division 1--Provisions relating to gas companies

   7.      Application of Act and other Acts to certain gas companies  

           Division 1A--Declaration of small retail customers and retailers

   7A.     Declaration of small retail customers and retailers  

           Division 2--Application provisions relating to gas and pipelines

   8.      Declaration of gaseous fuel  
   9.      Declaration of pipeline not to be pipeline  
   10.     Declaration of pipeline to be, or not to be, a transmission pipeline  

           Division 4--Role of the Commission and the ACCC under this Act

   17.     Application of Essential Services Commission Act 2001  
   18.     Objectives of the Commission  

   PART 3--REGULATION OF GAS INDUSTRY

           Division 1--Regulation of tariffs and charges

   20.     Wimmera and Colac Tariff Order  
   20A.    Powers in relation to price regulation  
   21.     Regulation of tariffs for prescribed customers  

           Division 2--Licences

   22.     Offence to distribute or retail gas without licence  
   24.     Exemptions  
   25.     Application for licence  
   26.     Grant or refusal of application  
   27.     Grant of licence for exclusive franchise  
   28.     Provisions relating to licences  
   29.     Specific licence conditions  
   30.     Determination of fees and charges  
   31.     Condition specifying industry codes, standards, rules or guidelines  
   32.     Condition relating to customer-related standards, procedures, policies and practices  
   33.     Condition to give information to Commission  
   34.     Condition relating to advertising of enforcement action taken against licensee  
   36.     Customer dispute resolution  
   38.     Variation or revocation of licence  
   38AA.   Commission to consult AER before revoking a retail licence  
   38AB.   Commission to notify AER and AEMO of revocation of retail licence  
   38A.    Variation to licence conditions—contravention of licence or Code of Practice  
   39.     Gazettal requirement  
   40.     Transfer of licence  
   40A.    Ministerial licence conditions  
   40B.    Contents of Ministerial licence conditions  
   40C.    Consultation with Ministers  
   40D.    Consultation with affected licensees in certain cases  
   40E.    Notification of the Commission  
   40F.    No consultation for proposed Order in certain cases  
   40G.    Minister to notify Commission of making of Order under section 40A(1)  
   40H.    Licences are taken to be subject to Ministerial licence conditions  
   40I.    Inconsistency between Ministerial licence conditions and Commission licence conditions  

           Division 3--Appointment of administrator

   41.     Appointment of administrator  
   41A.    Corporations Act displacement  

           Division 4--Terms and conditions of sale and supply of gas

   42.     Offer to domestic or small business customers (licensee standing offers)  
   42A.    Licensee standing offer tariffs to be given to Commission  
   42C.    Internet publication and bill notification of licensee standing offers  
   42D.    Required tariff information and licensee contact information to be published in newspaper and Government Gazette  
   42E.    Order specifying method and variables to be used to determine weighted tariff variation  
   43.     Terms and conditions of contracts for sale of gas to certain customers  
   43A.    Publication of tariffs, terms and conditions of sale of gas (relevant published offers)  
   44.     Deemed contracts with former franchise customers  
   46.     Deemed contracts for supply and sale for relevant customers  
   47.     Commission must report to Minister on gas supply offers  
   48.     Deemed distribution contracts  
   48A.    Compensation for wrongful disconnection  
   48B.    Prohibition on fees for late payment  
   48C.    Regulation of exit fees  
   48D.    Regulation of pre-payment meters  
   48DA.   Prohibition on save and win-back offers  
   48DB.   Prohibition relating to door-to-door sales and cold‑calling  

           Division 4AA--Disconnection of supply of gas

   48DC.   Definitions  
   48DD.   Meaning of relevant customer  
   48DE.   Objects  
   48DF.   Knowingly or recklessly disconnecting supply of gas at premises  
   48DG.   Disconnection of supply of gas at premises  
   48DH.   Knowingly or recklessly disconnecting supply of gas at premises of life support customer  
   48DI.   Life support customers and residents—gas retailer obligations when advised or notified  
   48DJ.   Life support customers and residents—gas retailer obligations when advised by gas distribution company or electricity distribution company  
   48DK.   Life support customers and residents—gas retailer obligations when advised by exempt gas sellers  
   48DL.   Life support customers and residents—exempt gas seller obligations when advised by relevant customer  
   48DM.   Life support customers and residents—exempt gas seller obligations when advised by exempt distributor  
   48DN.   Supply of gas may be disconnected by agreement or on notice from relevant customer  
   48DO.   Supply of gas may be disconnected for non-payment of bill or failure to comply with terms of relevant assistance  
   48DP.   Supply of gas may be disconnected for failure to pay security deposit  
   48DQ.   Supply of gas may be disconnected for refusal to provide acceptable identification  
   48DR.   Supply of gas may be disconnected if access to meter denied  
   48DS.   Supply of gas may be disconnected if there is taking of gas without notification by customer  
   48DT.   Supply of gas may be disconnected if it occurs in the prescribed circumstances  
   48DU.   Restrictions on gas retailer or exempt gas seller disconnecting supply of gas  
   48DV.   Supply of gas may be disconnected if gas taken by fraudulent or illegal means—gas retailers  
   48DW.   Supply of gas may be disconnected if gas taken by fraudulent or illegal means—exempt gas sellers  
   48DX.   Register of life support customers and residents  
   48DY.   Alternative verdict for charge of knowingly or recklessly disconnecting supply of gas at premises  

           Division 4A--Hardship policies

   48E.    Definitions  
   48F.    Objects  
   48G.    Financial hardship policies  
   48GA.   Review of financial hardship policy at the direction of Commission  
   48GB.   Licensee may submit variation to, or replacement of, financial hardship policy for approval  
   48GC.   Content of financial hardship policies  
   48H.    Commission may develop guidelines  
   48I.    Commission approval  

           Division 5--Community service agreements

   49.     Community services  
   50.     Transitional provision relating to community services  
   51.     The Commission may decide certain matters  

           Division 6--Victorian specific retailer of last resort processes

   51A.    Definitions  
   51B.    Effect of issue of RoLR event on licence held by failed national retailer  
   51C.    Certain information to be provided to AER and AEMO by the Commission  

           Division 7--Trial waivers

   52.     Definitions  
   53.     Innovative trial principles  
   54.     Order in Council in relation to trial waivers  
   55.     Trial waiver  
   56.     Conditions of trial waiver  
   57.     Consultation on trial waiver  
   58.     Publication of trial waiver  
   59.     Duration of trial waiver  
   60.     Extension of trial waiver  
   61.     Variation of trial waiver, or conditions of trial waiver, by Commission  
   62.     Variation of trial waiver, or conditions of trial waiver, by agreement  
   63.     Revocation of trial waiver  
   63A.    Compliance with conditions of trial waiver  
   64.     Preparation and issue of trial project guidelines  
   65.     Amendment of trial project guidelines  
   66.     Consideration of AER trial project guidelines  
   67.     Information disclosure  
   68.     Register of trial waivers  
   69.     Trial waiver not personal property  

   PART 7--GAS COMPANY PROPERTY AND WORKS

           Division 1--Pipelines generally

   140.    Certain pipelines are not part of land  
   141.    Agreement for operation of pipelines  

           Division 2--Compulsory acquisition of land and easements

   142.    Power of gas transmission company or gas distribution company to acquire land  
   143.    Power to acquire easements  
   144.    Application of other laws in relation to land vested in a gas company  
   145.    Rateability of property  

           Division 3--Easements

   146.    Making of easements in subdivisions  
   147.    Easements over lands held by Crown licensees or lessees  

           Division 4--Powers as to works

   147A.   Definitions  
   148.    Powers as to works etc.  
   149.    Power to open and break up roads etc.  
   149A.   Safety duties in relation to works on or in immediate vicinity of rail infrastructure or rolling stock  
   149B.   Notification of owners or occupiers of land on which there is rail infrastructure or rolling stock  
   149C.   Notification of gas distribution and transmission companies before railway operations carried out  

           Division 5--Offences

   150.    Obstructing construction or operation of pipelines  
   151.    Offences relating to transmission pipelines  
   152.    Offences relating to gas supply  

           Division 6--General

   153.    Definition  
   154.    Identity cards  
   155.    Power of entry  
   156.    Emergency powers  
   157.    Offence to obstruct officer or employee of gas company  

   PART 9--GAS SUPPLY EMERGENCY PROVISIONS

           Division 1--Emergency provisions

   206.    Proclamation that this Part applies  
   207.    Powers of Minister  
   208.    Offence not to comply with direction etc.  
   209.    Offence to obstruct a person carrying out a direction etc.  
   210.    Offences by bodies corporate  
   211.    Offences by partnerships or unincorporated associations  
   212.    Judicial notice  
   213.    Immunity from suit  
   213A.   Corporations Act displacement  

           Division 2--Enforcement

   214.    Powers of entry—enforcement  
   215.    Occupier to be given copy of consent  
   216.    Search warrant  
   217.    Announcement before entry  
   218.    Copy of warrant to be given to occupier  

           Division 3--Infringement notices

   219.    Definition  
   220.    Power to serve a notice  
   222.    Infringement penalties  

   PART 9A--COMPLIANCE AND ENFORCEMENT REPORTING

   223.    Compliance and enforcement report—gas retailers  
   224.    Performance indicators for compliance and enforcement reports  
   225.    Reporting of systemic issues referred to Commission  

   PART 10--GENERAL

   229.    Delegation by Minister  
   229A.   Offence to give false or misleading information or documents  
   229B.   Monetary benefits orders  
   229C.   Determining amount to be paid under monetary benefits order  
   229D.   Recovery of amounts ordered to be paid  
   229E.   Adverse publicity orders  
   230.    Offences by bodies corporate  
   231.    Proceedings for offences  
   232.    Gas retailer not liable for failure to supply  
   233.    Exemption from liability to transmit or convey gas  
   234.    Evidence of ownership  
   235.    Supreme Court—limitation of jurisdiction  
   236.    Regulations  

   PART 11--ABOLITION OF VENCORP

   237.    Definitions  
   238.    Abolition of VENCorp  
   239.    Transferred employees  
   240.    Financial reporting obligations  
   241.    Taxes  
   242.    Validity of things done under this Part  
   243.    Corporations Act displacement  

   PART 12--SAVINGS AND TRANSITIONAL PROVISIONS

   244.    Savings and transitional provisions—Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021  
           SCHEDULE
           ENDNOTES