S. 31(1) amended by No. 41/2021 s. 133.
(1) On and after the day on which a revised gas distribution access arrangement that relates to pipeline services provided by a gas distribution company is deemed to be an AER approved full access arrangement, the ESC cannot make or serve a provisional order or a final order under section 53 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 , in respect of a contravention or likely contravention by that gas distribution company of a condition of a distribution licence held by that company that requires that company to comply 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
(c) ESC guideline No. 17.
Note
In relation to when a revised gas distribution access arrangement is deemed to be an AER approved full access arrangement, see section 25.
S. 31(2)
inserted by No. 11/2013 s. 24.
(2) Subsection (1) does not apply to a contravention or likely contravention by a gas distribution company of a condition of the distribution licence held by that company that requires compliance with an ESC enforceable regulatory requirement.