Gas Acts Amendment Act of 1946 (10 Geo Vi No. 49) (Qld)

GAS. 10 GEO. VI. No. 49, 1946. GaB Acts Amendment Act. GAS. An Act to Amend "The Gas Acts, 1916 to 1933," 10 N G o B . O 4 . 9 V . I. TBB GAS in certain particulars. AC!rs AJIlIIl'IDJIlI!I'I! AO!r 01' [ASSENTED TO 5TH DECEMBER, 1946.] 1946. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. (1.) This Act may be cited as "The Gas ActsShorttit1e Amendment Act oJ 1946," and shall be read as one with ::! :t~ : of *" The Ga8 Acts, 1916 to 1933," herein referred to as the Act; Principal Act. (2.) The Principal Act and this Act may collectively ~ ~ ~ tive be cited as " The Gas Acts, 1916 to 1946." Amendments of the Principal Act. 2. Section three of the Principal Act is amended as : rs~ ~ jj follows : - (a) The definition"" Gas company" or" company" " [Definitions.] is amended by repealing the word " supplying" and by inserting the word "manufacturing" in lieu thereof, and by repealing the words "disposing of" and inserting the word " supplying" in lieu thereof. (b) A new definition" Main or mains" is inserted a.fter the definition of" Local Authority," as follows : - "" Main or mains "-Shall include any pipe:::a or supplying two or more consumers of gas; ". . (c) A new definition" Premises" is inserted after the definition of" Minister," as follows : - " "Premises"-Any building together with the Premises. land appertaining thereto; and, where any building is subdivided, each subdivision thereof which is separately occupied shall be deemed to be premises under and for the purposes of this Act ; ". (d) A new definition "Testing-place" is inserted &fter the definition of" Regulations," as follows : - U " Testing-place "-A testing-place provided by a Testing. company, or, as the case may be, by the place. Minister in accordance with this Act." 7 G. 5 No. 11 and amending Act.

84 GAS. Gas Acts Amendment Act. 10 GEO. VI. No. 49, o A f m s e .5 n . dment follow 3 s . : S-ection five of the Principal Act is amended as (i.) Subsection three is amended as follows : - (a) In the second paragraph, after the words " testing of its gas" the words" at such testing-places" are inserted. (b) A new proviso is added to the said subsection three as follows :- "Provided that the Minister may from time to time authorise the chief gas examiner to provide testing-places at places approved by the Minister, together with all the apparatus required by this Act for the testing at such testing-places of the heating power, purity, and pressure of gas supplied by a company. The chief gas examiner shall keep all testing-places and apparatus so provided by him in proper order and repair." (ii.) Subsection four is amended as follows :- (a) The words "or at any public lamp" are repealed. (b) The word "inlet" is repealed and the word " outlet " is inserted in lieu thereof. (c) A new provision is added to the said subsection four as follows : - "Provided that the regulations may define the meaning of "outlet" and also prescribe the method of testing such pressure." Amendment 4. Section six of the Principal Act is amended as of s. 6. follows :_ (i.) Subsection one is amended as follows:- (a) The second paragraph is repealed and the following paragraph is inserted in lieu thereof, namely:- " Such examiners may at any time enter any land or premises of a company and test the heating power, purity and pressure of the gas supplied by such company: Provided that any such examiner shall, on demand by the company, produce his certificate of authorisation which shall be in the prescribed form."

1946. GAS. Gas Acts Amendment Act. 85 (b) The third paragraph is repealed and the following paragraph is inserted in lieu thereof, namely:- "All such tests shall be made in the manner prescribed." (ii.) Subsection two is repealed and the following subsection two is inserted in lieu thereof, namely:- "(2.) A gas examiner shall, with as little delay as [Report of possible after the testing has been conducted, make and testmg.] deliver a report to be filed in the office of the chief gas examiner of the results of his testing and deliver a copy Qf such report to the company concerned." 5 A new section, 6A, is inserted after section six New s. 6A. of the Principal Act, as follows : - "[6A.] (1.) The chief gas examiner, or a gas Inspection of examiner duly authorised in writing by him, may, at : O~ ~ ~ ~ . any time when it appears to the chief gas examiner necessary for the proper administration and operation of this Act, enter upon and inspect any of the works of a company. Every company and its officers and servants shall afford the chief gas examiner or, as the case may be, the gas examiner and his assistants full facilities for the proper execution of this section and moreover shall furnish to the chief gas examiner or, as the case may be, the gas examiner, such information with regard to the position of the mains and pipes of the works, and with regard to any other matter the chief gas examiner or, as the case may be, the gas examiner shall require. (2.) Any company or officer or servant of the company who- (i.) Impedes, obstructs or delays the chief gas examiner, or, as the case may be, the gas examiner, in the exercise of any power or duty under this section; (ii.) Wilfully makes any false reply to any question put by the chief gas examiner or, as the case may be, the gas examiner; (iii.) Fails to furnish any facilities or any infor- mation in its or their possession or power which may be reasonably required by the

86 GAS. GM Acts Amendment Act. 10 Gm. VI. No. 49', chief gas examiner or, as the case may be:. the gas examiner in the exercise of this section, shall be guilty of an offence and liable, in the case of the company, to a penalty not exceeding fifty pounds and in the case of any officer or servant thereof to a penalty not exceeding ten pounds." oAfmee.7n. dment seven 6. ofPathraegPraripnhcip (a a ) l Aocft sius basmecetniodnedthbryeeomoifttisnegcttihoen words "of the company" occurring after the words " other testing-place." Repeal of and new s. 11. Supplying gas and testing meters. 7. Section eleven of the Principal Act is repealed and a new section eleven is inserted in lieu thereof, namely:- "[11.] (1.) A person other than a company shall not supply gas to a consumer through a meter. (2.) A company shall not permit or allow gas manufactured by such company to be supplied to a consumer through a meter by any other person. (3.) (i.) A company shall not supply gas to a con- sumer otherwise than through a meter which is the property of such company, and which has been tested and stamped by a gas examiner under and in accordance with the regulations : Provided that under such circumstances as may be approved by the chief gas examiner a meter tested and stamped by a gas examiner, which is not the property of the company, may be used for the purpose of measuring the quantity of gas supplied to a consumer. (ii.) A company shall not at any time after the expiration of a period of seven years after the date when any meter was last tested and stamped by a gas examiner under and in accordance with the regulations, supply gas to a consumer through such meter. (4.) The company shall remove from the premises of a consumer every meter before the expiration of the period of seven years next succeeding the date when such meter was last tested and stamped by a gas examiner under and in accordance with the regulations and, upon such removal, shall replace such meter with another meter tested and stamped by a gas examiner in accordance with the regulations.

1946. GAS. Gas Acts Amendment Act. 87 (5.) The company shall deliver all meters required to be tested and stamped to the gas examiner at the place approved by the Minister where the testing holder and apparatus are kept, and after being stamped, the -company shall remove the same: Provided that under such circumstances as may be approved by the chief gas examiner a meter may be tested and, if found correct, stamped, without removal from the premises of the consumer. (6.) Any company or any other person which Penalty. or who contravenes or fails to comply with any pro- vision of this section shall be guilty of an offence and liable to a penalty of not more than fifty pounds and in addition liable to a penalty of not more than five pounds for each and every day during which such offence is continued after a conviction therefor. (7.) The period of seven years hereinbefore in this .section referred to may be a period wholly before or wholly after or partly before and partly after the passing of *" The Gas Acts Amendment Act of 1946." (8.) The Minister may, if a company satisfies him P< ?~ ers of that for reasons beyond the control of the company it is MlIllster. unable to comply with the requirements of this section grant, in writing, to the company relief, subject to such terms and conditions as he deems just and expedient in the circumstances. Any company which contravenes or fails to comply with any term or condition subject to which the Minister has granted to it relief as aforesaid shall be guilty of an offence and liable to a penalty of not more than fifty pounds." 8 A new section, HA, is inserted after section New s. HA eleven of the Principal Act, as follows : - "[llA.] A gas examiner at any reasonable time Powers of may enter the premises of a consumer for the purposes entry. of testing, in such manner as the chief gas examiner shall direct, any meter on such premises. Moreover, if any meter is found to be inaccurate, the gas examiner shall destroy the seal or stamp on such meter, and shall forthwith advise the company concerned accordingly. Thereupon the company shall cause such meter to be * This Act.

88 GAS. Gas Acts Amendment Act. 10 GEO. VI. No. 49, immediately removed and replaced with another meter tested and stamped by a gas examiner in accordance with the regulations: Provided that any gas examiner shall on demand by the consumer produce his certificate of authorisation which shall be in the prescribed form. . Any person obstructing a gas examiner in the performance of his duties under this section shall be guilty of an offence and liable to a penalty not exceeding twenty pounds." New s. 14A.. 9. A new section, 14A, is inserted after section fourteen of the Principal Act, as follows : - Accounts and payments of gas supplied. " [14A.] A company or other person whomsoever shall not at any time- (i.) Demand or accept from any consumer pay- ment for gas supplied to such consumer through a meter unless at or before such time an account for such gas, showing the prescribed particulars, the amount payable, and the amount and conditions of the allow- ance of any discount or rebate allowable, is or has been delivered to such consumer; or (ii.) Demand or accept from any consumer pay- ment for gas supplied to such consumer through a meter of a sum exceeding the minimum amount payable by such consumer at such time under and according to the account referred to in paragraph (i.) of this section; or (iii.) Collect coins from a prepayment meter as defined in section fourteen of this Act unless at such time it or he delivers to the consumer to whom gas is supplied through such meter a receipt for the money collected from such meter showing the prescribed particulars and pays to such consumer any balance in his favour. Any company or person who contravenes any provision of this section shall be guilty of an offence and liable to a penalty not exceeding fifty pounds."

1946. GAS. Gas Acts Amendment Act. 89 10. Section twenty of the Principal Act is repealed::real of and the following section is inserted in lieu thereof, s. 20~ namely:- "[20.] Every oompany shall forward to the chief Returns. gas examiner at such times and in such form as the -chief gas examiner may direct or as may be prescribed such statistics, information, and returns as may be required by the chief gas examiner or as may be prescribed. . Any company neglecting, refusing, or failing to 'comply with the provisions of this section or any regula- tion made hereunder shall be liable to a penalty of two pounds for every seven days during which the default -continues." 11. (a) Section twenty-one of the Principal Act is Amendment amended by omitting in the first paragraph all words ofs. 21. after the word "insufficiency" to and including the words "incidental thereto" and inserting the following paragraph in lieu thereof, namely :- "Without in anywise limiting the generality of the foregoing provisions, regulations may be made- (i.) Prescribing the powers, duties, and authorities of gas examiners; (ii.) Providing for the testing, stamping, and examination of meters, including removal and replacement of meters and the position in which meters shall be placed on consumer's premises ;' '(iii.) Providing for the keeping by the company of records and the furnishing by a company to the chief gas examiner from time to time of details of all meters issued and in use by the company and for such further or other returns or information as the chief gas examiner may from time to time consider necessary for the proper administration of this Act; (iv.) Providing for the registration and regulation of meters; {v.) Providing. for all such acts, matters, and things incidental to the above ; (vi.) Providing for all matters required or permitted to be prescribed."

90 GAS. Gas Acts Amendment Act. 10 GEO. VI. No. 49, 1946. (b) The said section is also amended by omitting the words "either House of" in the fifth paragraph thereof. ~ ~ ~ ~ ~~ ! . 12. The Schedules to the Principal Act are amended as follows : - (1.) In paragraph (C) of Schedule I., the words "at the inlet" are repealed and the words "at the outlet " are inserted in lieu thereof. (2.) Schedule Il. is amended as follows:- (a) In paragraph one after the word" Calorimeter" the words" Canadian pattern" are inserted. (b) Paragraph four is repealed and a new paragraph four is inserted in lieu thereof, namely:- "4. For the purpose of the test of pressure the examiner shall use any Gas Pressure Recorder approved by the Minister or by a person from time to time authorised by him in that behalf." (3.) (i.) Schedule Ill. is amended as follows :- (a) In clause three the words "Provided further that where the monthly" are repealed and the following words are inserted in lieu thereof, namely :- "Provided further that, in respect of the use of gas by a consumer for industrial and business purposes, where the monthly". (b) The following additional proviso is also added to the said clause three, namely:- " Provided always that no such rent as aforesaid shall be charged to a user of gas for domestic or household purposes." (ii.) The amendments of clause three of Schedule Ill. to the Principal Act made by this Act shall take effect on a date to be fixed by the Governor in Council by Order in Council published in the Gazette.