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This is a Bill, not an Act. For current law, see the Acts databases.
House of
Assembly—No 85
As received from
the Legislative Council and read a first time, 4 May 2004
South Australia
Gas (Temporary Rationing) Amendment Bill
2004
A Bill For
An Act to amend the Gas
Act 1997.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment
provisions
Part 2—Amendment of Gas Act 1997
4 Amendment
of section 37A—Minister's power to require information or documents
5 Insertion
of sections 37AB and 37AC
37AB Regulations
relating to gas rationing
37AC Prosecution
for contravention of Division requires Minister's consent
6 Amendment
of section 62—Appointment of authorised officers
7 Amendment
of section 67—General investigative powers of authorised
officers
8 Amendment
of section 70—Power to require information or documents
Part 3—Provision relating to Gas Regulations 1997
9 Provision relating to Gas
Regulations 1997
The
Parliament of South Australia enacts as follows:
This Act may be
cited as the Gas (Temporary Rationing) Amendment Act 2004.
(1) This Act (other than sections 5 and 9)
will come into operation on a day to be fixed by proclamation.
(2) Sections 5 and 9 will be taken to have
come into operation on 15 January 2004.
In this Act, a
provision under a heading referring to the amendment of a specified Act amends
the Act so specified.
Part 2—Amendment of Gas Act 1997
4—Amendment of section 37A—Minister's power to require information or documents
(1) Section
37A(1)—delete subsection (1) and substitute:
(1) The
Minister may require a person—
(a) to give the
Minister within a specified time specified information; or
(b) to produce to the
Minister within a specified time specified documents,
that the
Minister reasonably requires to determine the sufficiency of gas supply, frame
directions, plan for the future exercise of powers under this Division or
otherwise administer or enforce this Division (or regulations made for the
purposes of this Division).
(1a) The power of the Minister to require information includes
(without limitation) power to require a seller of gas affected by directions
under this Division—
(a) to conduct an
audit of the seller's compliance with regulations made for the purposes of this
Division; and
(b) to report the
results of the audit to the Minister.
(2) Section
37A(2)—after "information" insert:
or
produce documents
(3) Section
37A(2)—delete the penalty provision and substitute:
Maximum penalty:
$100 000.
(4) Section
37A—after subsection (2) insert:
(3) If
a person is required to give information or produce a document under this
section and the information or document would tend to incriminate the person of
an offence, the person must nevertheless give the information or produce the
document, but—
(a) if the person is a natural person, the
information or document so given or produced will not be admissible in evidence
against the person in proceedings for an offence (other than an offence
relating to the making of a false or misleading statement or declaration); and
(b) if the person is a
body corporate—
(i) the information
or document so given or produced will not be admissible in evidence against a
director of the body corporate in proceedings for an offence (other than an
offence relating to the making of a false or misleading statement or
declaration); and
(ii) a director will not be guilty of an offence
(other than an offence relating to the making of a false or misleading
statement or declaration) as a result of the body corporate having been found
guilty of an offence in proceedings in which the information or document so
given or produced was admitted in evidence against the body corporate.
5—Insertion of sections 37AB and 37AC
After
section 37A insert:
37AB—Regulations relating to gas rationing
The
power of the Governor to make regulations under this Act includes (without
limitation) power to make regulations for the purposes of this Division—
(a) making provision
relating to contractual relations between customers and sellers of gas affected
by directions under this Division;
(b) requiring sellers
of gas affected by directions under this Division to repay to customers any
amounts that under applicable contractual terms were not payable by the
customers;
(c) prescribing a
penalty not exceeding $10 000 for contravention of a regulation made for
the purposes of this Division.
37AC—Prosecution for contravention of Division
requires Minister's consent
(1) A prosecution for a contravention of this
Division (or regulations made for the purposes of this Division), may only be
commenced with the consent of the Minister.
(2) In any legal proceedings an apparently
genuine certificate, purporting to be signed by the Minister, certifying that
the Minister consented to the commencement of a prosecution referred to in
subsection (1) will, in the absence of proof to the contrary, be accepted
as proof of the matters so certified.
6—Amendment of section 62—Appointment of authorised officers
(1) Section
62(3)—delete subsection (3) and substitute:
(3) An
authorised officer may be assigned to assist one or
more of—
(a) the Minister;
(b) the Commission;
(c) the Technical
Regulator,
as the
Minister considers appropriate.
(2) Section
62(4)—before paragraph (a) insert:
(aa) in the exercise of powers for the enforcement of Part 3 Division
5—be subject to the direction and control of the Minister;
7—Amendment of section 67—General investigative powers of authorised officers
Section
67(4)—after "object," insert:
the
Minister,
8—Amendment of section 70—Power to require information or documents
(1) Section
70(4)—delete "A" and substitute:
Subject to
subsection (5), a
(2) Section
70—after subsection (4) insert:
(5) If
a person is required to give information or produce a document under this
section for the enforcement of Part 3 Division 5 and the information or
document would tend to incriminate the person of an offence, the person must
nevertheless give the information or produce the document, but—
(a) if the person is a natural person, the
information or document so given or produced will not be admissible in evidence
against the person in proceedings for an offence (other than an offence
relating to the making of a false or misleading statement or declaration); and
(b) if the person is a
body corporate—
(i) the information
or document so given or produced will not be admissible in evidence against a
director of the body corporate in proceedings for an offence (other than an
offence relating to the making of a false or misleading statement or
declaration); and
(ii) a director will not be guilty of an offence
(other than an offence relating to the making of a false or misleading
statement or declaration) as a result of the body corporate having been found
guilty of an offence in proceedings in which the information or document so
given or produced was admitted in evidence against the body corporate.
Part 3—Provision relating to Gas Regulations 1997
9—Provision relating to Gas Regulations 1997
Regulation 22 of the Gas Regulations 1997 (as inserted by the Gas Variation Regulations 2004, Gazette 15.1.2004 p213) is to be taken to have been made under section 37AB of the Gas Act 1997 for the purposes of Part 3 Division 5 of that Act.