Victorian Current Acts

GAS INDUSTRY (RESIDUAL PROVISIONS) ACT 1994 - SECT 62N

S. 62N(1) amended by No. 91/1997
s. 27(2).

    (1)     If GASCOR, Esso, BHP or a new retailer assigns the whole or any part or any combination of parts (not comprising the whole) of its rights under a gas supply contract to a person or to persons, a reference to GASCOR, Esso, BHP or the new retailer (as the case requires) in this Part (except the definitions in this Part of "BHP", Esso , GASCOR or new retailer and this section) shall be construed from the time of that assignment to be—

S. 62N(1)(a) amended by No. 91/1997
s. 27(3).

        (a)     in the case where GASCOR, Esso, BHP or the new retailer assigns the whole of its rights under a gas supply contract, a reference to that person or to those persons and to a body corporate related to that person or to any of those persons; and

S. 62N(1)(b) amended by No. 91/1997
s. 27(3).

        (b)     in the case where GASCOR, Esso, BHP or the new retailer assigns a part or combination of parts (not comprising the whole) of its rights under a gas supply contract—

              (i)     in respect of the part or combination of parts assigned, a reference to that person or to those persons and to a body corporate related to that person or to any of those persons; and

S. 62N(1)(b)(ii) amended by No. 91/1997 s. 27(3).

              (ii)     in respect of the rights retained, a reference to GASCOR, Esso, BHP or the new retailer (as the case requires).

S. 62N(2) amended by No. 91/1997
s. 27(3).

    (2)     Subsection (1) applies to each and any assignment by a person or persons of the whole or any part or combination of parts (not comprising the whole) of the rights held originally by GASCOR, Esso, BHP or the new retailer under a gas supply contract and held at that time by that person or those persons and in respect of which there has been a previous application of subsection (1).

    (3)     For the purpose of this section—

        (a)     a reference to assignment and other grammatical forms of that word shall be read as a reference to assignment, conveyance, grant, transfer or novation and for the other corresponding grammatical forms of each of those words; and

        (b)     a reference to rights under a gas supply contract shall be read as a reference to rights, benefits, privileges or facilities under a gas supply contract.

S. 62O inserted by No. 36/1997 s. 13, amended by No. 91/1997
s. 27(4)(a).