Victorian Current Acts Victorian Current Acts(1) This section applies if—
(a) a gas distribution company—
(i) has contravened or is contravening or, in the opinion of the AER, is likely to contravene a condition of its distribution licence that requires compliance with—
(A) a provision of the Gas Distribution System Code that relates to the economic regulation of distribution pipeline services; or
(B) the Wimmera and Colac Tariff Order; or
(ii) has contravened or is likely to contravene, before the specified day, a condition of its distribution licence that requires compliance with ESC guideline No. 17; and
(b) the AER considers that the contravention or likely contravention is not of a trivial nature.
(2) The AER may serve a provisional order or a final order on the gas distribution company requiring the company—
(a) to comply with the relevant distribution licence condition; and
(b) if a contravention has already occurred, to take such actions as are specified in the order to rectify the contravention.
S. 30(3) amended by No. 41/2021 s. 132.
(3) Section 53(2) to (9) and section 54 of the Essential Services Commission Act 2001 , as in force immediately before the commencement of section 6 of the Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021 , apply as if—
(a) a reference in those sections to a provisional order or a final order were a reference to a provisional order or a final order made and served under this section; and
(b) a reference to the Commission were a reference to the AER.
S. 31
amended by No. 11/2013 s. 24 (ILA s. 39B(1)).