Gas Act (Amendment) Act 1920 (NSW)

GAS ACT (AMENDMENT) ACT.

Act No. 14, 1920.

A n A c t to a m e n d t h e Gas Act , 1912. [Assen ted

to , 30 th November , 1920.]

lative Council and Legislative Assembly of New South BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis-

Wales in Parliament assembled, and by the authority of the same, as follows :—

1 . This Act may be cited as the " Gas Act (Amend-

ment) Act, 1 9 2 0 , " and shall be read with the Gas Act,
1 9 1 2 (hereinafter called the Principal Act) .

2 . The Principal Act is amended by adding thereto

the following new sections :—

31. (1) The Minister shall, at the request in writing of the City of Newcastle Gas and Coke Company, Limited, cause an inquiry, at which the Minister and the said company may be represented, to be held by a Supreme Court or District Court judge.

( 2 ) The judge holding such inquiry shall de-

termine and fix a price per one thousand feet of gas sold by meter which, if charged by the said company, will produce such an amount as together with all other revenue received or which under efficient management might be received from any source by the said company, will enable the said company to pay the standard rate of dividend authorised by this Act, after making provision for—

(b) expenses properly chargeable to revenue (and in respect of which the judge shall be satisfied as to the necessity for or expediency of the expenditure) ; and (c)

(a) interest payable on loans ;

(c) a reasonable sum for contingencies, which shall not exceed the amount necessary to pay one half-year's dividend at the standard rate. (3) A certificate of the price so determined

and fixed by the judge shall be forwarded by the judge to the Governor, who, upon receipt of the certificate, shall forthwith by proclamation in the Gazette direct that the price mentioned in the certificate shall be inserted in Schedule One opposite the name of the said company, in place of the price of three shillings and sixpence, and the said Schedule shall thereupon be deemed to be amended accordingly.

(4) Upon the publication of a proclamation under the last preceding subsection the provisions of sections fifteen and twenty of this Act shall apply to the said company as from the date of the said proclamation notwithstanding the provisions of section two of the Gas (Amendment) Act, 1918, and any notice given thereunder.
32. (1) The Minister shall, at the request in writing of any gas company not included in Schedule One, and may, at the request in writing of not less than ten per centum of the consumers of gas supplied by meter by any such gas company, or at the request in writing of two hundred and fifty such consumers in any case in which such percentage would exceed that number, cause an inquiry to be held by a Supreme Court or District Court judge.

( 2 ) The provisions of the last preceding

section shall, mutatis mutandis, apply to the holding of any such inquiry and to the forwarding

price determined and fixed in respect of any such	by the judge to the Governor of a certificate of the	gas company.
(3) Upon the receipt of such certificate the Governor shall forthwith, by proclamation in the Gazette, direct that the name of the company and the price mentioned in the certificate be added to Schedule One, and the said schedule shall thereupon be deemed to be amended accordingly, and the said price shall be the standard price to be charged by the said company for gas sold by meter.

33. (1) For the purpose of any inquiry held under section twenty in respect of the City of Newcastle Gas and Coke Company, Limited, or of any company added to Schedule One in pursuance of the provisions of section thirty-two, the period of twelve months preceding the date of the commence- ment of the inquiry held in pursuance of the provisions of sections thirty-one or thirty-two in respect of any such company shall he substituted for the year one thousand nine hundred and twelve mentioned in section twenty and the date of the inquiry held in pursuance of sections thirty-one or thirty-two shall be substituted for the first day of January, one thousand nine hundred and thirteen, mentioned in section twenty.

(2) Any such inquiry under section twenty

may be held by a Supreme or District Court judge.