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NATIONAL GAS (VICTORIA) ACT 2008 - SECT 31

ESC cannot enforce certain gas distribution licence conditions that the AER can enforce

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.



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