Gas Acts Amendment Act of 1967 (Qld)

202 ttcgtts(xttr ANNO SEXTO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 33 of 1967 An Act to Amend "The Gas Acts, 1965 to 1966," in certain particulars ASSENTED TO 15TH NOVEMBER, 1967] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. (1) Short title . This Act may be cited as "The Gas Acts Amendment Act of 1967." (2) Principal Act. " The Gas Acts, 1965 to 1966," are in this Act called the Principal Act. (3) Collective title. The Principal Act and this Act may be collectively cited as " The Gas Acts, 1965 to 1967."

Gas Acts Amendment Act of 1967, No. 33 203 2. Amendments to s. 2. Section two of the Principal Act is amended by adding the following subsections:- " (3) This Act, other than the provisions of Parts I and II of this Act, does not apply to or in relation to the supplying of natural gas to any consumer thereof if and to the extent that that supply prior to commencement thereof was authorized by the Governor in Council by Order in Council pursuant to this subsection. Such authorization by the Governor in Council may be granted pursuant to this subsection with respect to the supply of gas to any consumer other than a gas supplier whenever it appears to the Governor in Council that such authorization is necessary or desirable. (4) This Act, other than the provisions of Parts I and II, sections fifty-three, fifty-four and sixty-one hereof and (save to the extent to which subsection (5) of this section prescribes that the provisions of section twenty-five hereof or of any Proclamation or regulation under that section does not apply) the provisions of that section or of any Proclamation or regulation under that section, does not apply to or in relation to the supplying of natural gas by a person (in subsection (5) of this section called an exempted person) whose principal business is either- (a) that of transporting (whether on his own behalf or on behalf of himself and others) natural gas by means of a pipeline licensed under " The Petroleum Acts, 1923 to 1962 ";. or (b) that of selling natural gas so transported by him on his own behalf, and who does not sell gas other than natural gas so transported by him on his own behalf or liquefied petroleum gas obtained from natural gas so transported by him on his own behalf and who sells natural gas so transported by him on his own behalf only to one or more of the following consumers :- (c) a holder of a franchise; (d) a consumer the supply of natural gas to whom is authorized pursuant to subsection (3) of this section; (e) a consumer the supply of natural gas to whom is secured by means of an agreement which provides for such supply a priority which provision is approved by or pursuant to any Act; (f) a consumer the supply of natural gas to whom is authorized pursuant to section fourteen of this Act; (g) a consumer at a place- (i) which is not situated within an area at the time when the supply is commenced; and (ii) which is so situated that within a radius of two miles of such place there are not more than nine other places concurrently being supplied with natural gas by such person.

204 Gas Acts Amendment Act of 1967, No. 33 (5) Notwithstanding subsection (6) of section twenty-five of this Act, the provisions of that section or of any Proclamation or regulation thereunder shall not apply to or in relation to- (a) the supplying of natural gas to a consumer mentioned in paragraph (d) or (e) of subsection (4) of this section by an exempted person; or (b) the use or consumption by a consumer mentioned in paragraph (d) or (e) of subsection (4) of this section of natural gas supplied to him by an exempted person." 3. Amendments to s. 8. Section eight of the Principal Act is amended by- (a) inserting after subsection (3) the following subsection:- (4) Where a gas examiner is of opinion that in any place whatsoever there exists a danger or likelihood of danger to the safety of persons or things caused directly or indirectly by the presence or escape of gas he may do all such things and take all such steps as he considers necessary or desirable to remove or limit the extent of such danger."; (h) renumbering subsection (4) as subsection (5). 4. Amendment to s. 28 . Section twenty-eight of the Principal Act is amended by, in the proviso to the first paragraph, inserting after the word "comply" the words ", in the case of fittings to be used in connection with liquefied petroleum gas, with the regulations made under this Act and, in any other case,". 5. Amendments to s. 43 . Section forty-three of the Principal Act is amended by- (a) in subsection (1), (i) inserting after the words " derived from any " the word " other "; (ii) inserting after the words " gas supplier " where they secondly occur the words " or by way of interest or dividend from money acquired by the gas supplier in the conduct of its business of a gas supplier or in the conduct of any such other business "; (iii) adding the following paragraphs:- When for the purpose of calculating a price or prices of gas to be charged in a financial year a gas supplier would be required by the foregoing provisions of this subsection to deduct the whole of expenses incurred or to be incurred by it in that financial year the gas supplier may, in lieu of deducting the whole of those expenses, deduct such part thereof as is reasonable having regard to honest and prudent business practice in relation to a gas supply business of the type carried on by the gas supplier and for the purpose of calculating a price or prices of gas to be charged in subsequent financial years deduct such part of those expenses as is likewise reasonable until the whole of those expenses have been or, in the opinion of the chief gas examiner, having regard to such business practice, should have been deducted for that purpose, whichever period is the shorter, and it' in respect of a financial year it charges a price for gas so calculated shall b,: taken to comply with the provisions of this subsection in respect of that linuncial year.

Gas Acts Amendment Act of 1967 , No. 33 205 Where a gas supplier has assets rendered obsolescent which are for that reason not used or applied by the gas supplier in or in connection with its business of a gas supplier such assets shall, for the purpose of calculating a price or prices of gas supplied by the gas supplier, be deemed to be assets used and applied by it in or in connection with its business of a gas supplier until the value of such assets in the books of the gas supplier has been or, in the opinion of the chief gas examiner , should have been written off in accordance with honest and prudent business practice in relation to a gas supply business of the type carried on by the gas supplier, whichever period is the shorter."; (b) in subsection (4), (i) omitting the word " subsection " and inserting in its stead the word " section "; (ii) adding to provision ( ii) of paragraph ( a) the words " other than a sum expended in meeting an expense which- 1. is not an expense of acquiring assets; and 2. having regard to such honest and prudent conduct, would not ordinarily be met from the funds ( including reserve funds) of the gas supplier in question without recourse to borrowing; and 3. for the purpose of calculating a price of gas is deducted in the manner permitted by the second paragraph of subsection (1) of this section "; (c) adding the following subsection:- (5) The payment of interest on a sum borrowed shall not be deductible as an expense for the purpose of calculating a price of gas beyond the period within which the expense for which the sum borrowed was expended is, for that purpose, deducted in the manner permitted by the second paragraph of subsection ( 1) of this section and in each financial year the sum whereon i nterest shall be calculated so that payment thereof may be deducted for that purpose shall be the amount of the expense for which the sum borrowed was expended less all amounts deducted in the manner aforesaid on account of that expense in previous financial years.". 6. Amendment to s. 44. Section forty-four of the Principal Act is amended by adding the following paragraph:- Every gas supplier which is a body corporate shall. be deemed, for the purposes of paying a dividend in accordance with this Act, to be competent to declare and pay a dividend in proportion to the amount paid up on each. of its shares." 7. Amendments to s. 45 . Section forty-five of the Principal Act is amended by, in subsection (I)- (a) inserting in subparagraph (a) after the word " on " the words " the amount paid up on "; (b) inserting in subparagraph (b) after the word " on " the words " the amount paid up on ".

206 Gas Acts Amendment Act of 1967, No. 33 8. Amendments to s. 51 . Section fifty-one of the Principal Act is amended by- (a) in subsection (3), adding the following symbol and proviso:- Provided that the Minister or any gas supplier aggrieved by a price-fixing order of the gas referee may appeal against such order to the.. Industrial Court preserved, continued in existence and constituted under " The Industrial Conciliation and Arbitration Acts, 1961 to 1964 " (in this section called the Court)." (b) adding the following subsections:- " (4) An appeal to the Court under the proviso to subsection (3) of this section shall be instituted within fourteen days after the date of the making of the price-fixing order the subject of the appeal. Upon an appeal being duly instituted the order the subject of the appeal shall be deemed to have been and to be in abeyance on and from the date of its making. (5) Such an appeal shall be by way of rehearing and upon consideration of the evidence adduced before the gas referee and, if the Court (subject to this subsection) thinks fit, any further evidence admitted by it the Court may- (a) dismiss the appeal; (b) rescind the order the subject of the appeal; (c) make the order which it considers should have been made by the gas referee in the first instance; (d) direct the gas referee to fix the price of a supply of gas in question having regard to such matters as the Court considers relevant and in accordance with this Act; (e) grant leave to the parties to the appeal (and their successors) to apply to the Court for further directions on the subject matter of the appeal and any order made therein and make such further incidental orders as the Court considers necessary or desirable. The Court shall not admit evidence concerning any matter which has arisen since the date of the making by the gas referee of his price fixing order. In relation to such an appeal the Court and the President of the Court shall (subject to this section) have and may exercise all the powers and authorities vested in it or, as the case may be, him under " The Industrial Conciliation and Arbitration Acts, 1961 to 1964." (6) The decision of the Industrial Court upon such an appeal shall be final. (7) A price-fixing order of a gas referee, the subject of an appeal which is withdrawn, dismissed or struck out for want of prosecution, shall come into operation on and from the date of such withdrawal, dismissal or, as the case may be, striking out or upon the date specified in such order as the date on which it is to come into operation whichever is the later date. A price-fixing order made by the Court or by a gas referee upon the direction of the Court shall come into operation on and from the date specified by the Court or, as the case may be, the gas referee as the date on which it is to come into operation and the provisions of subsection (3) (exclusive of the proviso) of this section shall apply in relation thereto

Gas Acts Amendment Act of 1967, No. 33 207 as they would in relation to any price-fixing order made by a gas referee save that during the prescribed period of six months a gas referee shall not be competent to approve of any variation of such an order made by the Court." 9. Amendments to s. 52. Section fifty-two of the Principal Act is amended by- (a) inserting after provision (b) the symbol and word "; or "; (b) adding the following provision:- " (c) he is supplying such gas to a gas supplier ". 10. Amendments to Sch . II. Schedule II to the Principal Act is amended by, in clause 8- (a) omitting from paragraph (c) of subclause (2) the word " fitting " and inserting in its stead the word " main "; (b) omitting from subclause (3) the word " fitting " and inserting in its stead the word " main ". 11. Amendment to Sch. III . Schedule III to the Principal Act is amended by adding the following paragraph:- "Assets of a gas supplier deemed under section forty-three of this Act to be assets used and applied by the gas supplier in or in connection with its business of a gas supplier."