Victorian Current Acts

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NATIONAL GAS (VICTORIA) ACT 2008 - SECT 34

Provision of information and assistance by ESC to the AER

    (1)         Despite any other Act or law, the ESC is authorised, on its own initiative or at the request of the AER—

        (a)     to provide the AER with such information (including information given in confidence) in the possession or control of the ESC that is reasonably required by the AER for the purposes of this Division; and

        (b)     to provide the AER with such other assistance as is reasonably required by the AER to perform a function or duty, or exercise a power, conferred or imposed under this Division.

    (2)     Nothing done, or authorised to be done, by the ESC in acting under subsection (1)—

        (a)     constitutes a breach of, or default under, an Act or other law; or

        (b)     constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or

        (c)     constitutes a breach of a duty of confidence (whether arising by contract, in equity or by custom) or in any other way; or

        (d)     constitutes a civil or criminal wrong; or

        (e)     terminates an agreement or obligation or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy; or

        (f)     releases a surety or any other obligee wholly or in part from an obligation.

    (3)     The ESC, by written notice, must inform the AER of the day on which a revised gas distribution access arrangement —

        (a)     will be deemed to be an AER approved full access arrangement under section 25; or

        (b)     in the ESC's opinion is likely to be deemed to be an AER approved full access arrangement under section 25.

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. 34A
inserted by No. 11/2013 s. 25.



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