Gas Industry Act 2001 (Vic)

Version No. 074

Gas Industry Act 2001

No. 31 of 2001

Version incorporating amendments as at

30 July 2024

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purpose

2Commencement

3Definitions

4Crown to be bound

5Extra-territorial operation

6Construction of Act

Part 2—Application of Act

Division 1—Provisions relating to gas companies

7Application of Act and other Acts to certain gas companies

Division 1A—Declaration of small retail customers and retailers

7ADeclaration of small retail customers and retailers

Division 2—Application provisions relating to gas and pipelines

8Declaration of gaseous fuel

9Declaration of pipeline not to be pipeline

10Declaration of pipeline to be, or not to be, a transmission pipeline

Division 4—Role of the Commission and the ACCC under this Act

17Application of Essential Services Commission Act 2001

18Objectives of the Commission

Part 3—Regulation of gas industry

Division 1—Regulation of tariffs and charges

20Wimmera and Colac Tariff Order

20APowers in relation to price regulation

21Regulation of tariffs for prescribed customers

Division 2—Licences

22Offence to distribute or retail gas without licence

24Exemptions

25Application for licence

26Grant or refusal of application

27Grant of licence for exclusive franchise

28Provisions relating to licences

29Specific licence conditions

30Determination of fees and charges

31Condition specifying industry codes, standards, rules or guidelines

32Condition relating to customer-related standards, procedures, policies and practices

33Condition to give information to Commission

34Condition relating to advertising of enforcement action taken against licensee

36Customer dispute resolution

38Variation or revocation of licence

38AACommission to consult AER before revoking a retail licence

38ABCommission to notify AER and AEMO of revocation of retail licence

38AVariation to licence conditions—contravention of licence or Code of Practice

39Gazettal requirement

40Transfer of licence

40AMinisterial licence conditions

40BContents of Ministerial licence conditions

40CConsultation with Ministers

40DConsultation with affected licensees in certain cases

40ENotification of the Commission

40FNo consultation for proposed Order in certain cases

40GMinister to notify Commission of making of Order under section 40A(1)

40HLicences are taken to be subject to Ministerial licence conditions

40IInconsistency between Ministerial licence conditions and Commission licence conditions

Division 3—Appointment of administrator

41Appointment of administrator

41ACorporations Act displacement

Division 4—Terms and conditions of sale and supply of gas

42Offer to domestic or small business customers (licensee standing offers)

42ALicensee standing offer tariffs to be given to Commission

42BCommission must publish on Internet licensee standing offer tariffs

42CInternet publication and bill notification of licensee standing offers

42DRequired tariff information and licensee contact information to be published in newspaper and Government Gazette

42EOrder specifying method and variables to be used to determine weighted tariff variation

43Terms and conditions of contracts for sale of gas to certain customers

43APublication of tariffs, terms and conditions of sale of gas (relevant published offers)

44Deemed contracts with former franchise customers

46Deemed contracts for supply and sale for relevant customers

47Commission must report to Minister on gas supply offers

48Deemed distribution contracts

48ACompensation for wrongful disconnection

48BProhibition on fees for late payment

48CRegulation of exit fees

48DRegulation of pre-payment meters

48DAProhibition on save and win-back offers

48DBProhibition relating to door-to-door sales and cold‑calling

Division 4AA—Disconnection of supply of gas

Subdivision 1—Preliminary

48DCDefinitions

48DDMeaning of relevant customer

48DEObjects

Subdivision 2—Offences

48DFKnowingly or recklessly disconnecting supply of gas at premises

48DGDisconnection of supply of gas at premises

48DHKnowingly or recklessly disconnecting supply of gas at premises of life support customer

48DILife support customers and residents—gas retailer obligations when advised or notified

48DJLife support customers and residents—gas retailer obligations when advised by gas distribution company or electricity distribution company

48DKLife support customers and residents—gas retailer obligations when advised by exempt gas sellers

48DLLife support customers and residents—exempt gas seller obligations when advised by relevant customer

48DMLife support customers and residents—exempt gas seller obligations when advised by exempt distributor

Subdivision 3—Permitted grounds for disconnection

48DNSupply of gas may be disconnected by agreement or on notice from relevant customer

48DOSupply of gas may be disconnected for non-payment of bill or failure to comply with terms of relevant assistance

48DPSupply of gas may be disconnected for failure to pay security deposit

48DQSupply of gas may be disconnected for refusal to provide acceptable identification

48DRSupply of gas may be disconnected if access to meter denied

48DSSupply of gas may be disconnected if there is taking of gas without notification by customer

48DTSupply of gas may be disconnected if it occurs in the prescribed circumstances

48DURestrictions on gas retailer or exempt gas seller disconnecting supply of gas

Subdivision 4—Disconnection for fraudulent or illegal taking of gas

48DVSupply of gas may be disconnected if gas taken by fraudulent or illegal means—gas retailers

48DWSupply of gas may be disconnected if gas taken by fraudulent or illegal means—exempt gas sellers

Subdivision 5—Register of life support customers and residents

48DXRegister of life support customers and residents

Subdivision 6—Miscellaneous

48DYAlternative verdict for charge of knowingly or recklessly disconnecting supply of gas at premises

Division 4A—Hardship policies

48EDefinitions

48FObjects

48GFinancial hardship policies

48GAReview of financial hardship policy at the direction of Commission

48GBLicensee may submit variation to, or replacement of, financial hardship policy for approval

48GCContent of financial hardship policies

48HCommission may develop guidelines

48ICommission approval

Division 5—Community service agreements

49Community services

50Transitional provision relating to community services

51The Commission may decide certain matters

Division 6—Victorian specific retailer of last resort processes

51ADefinitions

51BEffect of issue of RoLR event on licence held by failed national retailer

51CCertain information to be provided to AER and AEMO by the Commission

Division 7—Trial waivers

Subdivision 1—Interpretation

52Definitions

53Innovative trial principles

Subdivision 2—Trial waiver orders

54Order in Council in relation to trial waivers

Subdivision 3—Grant of trial waivers

55Trial waiver

56Conditions of trial waiver

57Consultation on trial waiver

58Publication of trial waiver

59Duration of trial waiver

Subdivision 4—Extension of trial waivers

60Extension of trial waiver

Subdivision 5—Variation and revocation of trial waivers

61Variation of trial waiver, or conditions of trial waiver, by Commission

62Variation of trial waiver, or conditions of trial waiver, by agreement

63Revocation of trial waiver

Subdivision 5A—Compliance

63ACompliance with conditions of trial waiver

Subdivision 6—Trial project guidelines

64Preparation and issue of trial project guidelines

65Amendment of trial project guidelines

66Consideration of AER trial project guidelines

Subdivision 7—Information sharing with the AER

67Information disclosure

Subdivision 8—Miscellaneous

68Register of trial waivers

69Trial waiver not personal property

Part 7—Gas company property and works

Division 1—Pipelines generally

140Certain pipelines are not part of land

141Agreement for operation of pipelines

Division 2—Compulsory acquisition of land and easements

142Power of gas transmission company or gas distribution company to acquire land

143Power to acquire easements

144Application of other laws in relation to land vested in a gas company

145Rateability of property

Division 3—Easements

146Making of easements in subdivisions

147Easements over lands held by Crown licensees or lessees

Division 4—Powers as to works

147ADefinitions

148Powers as to works etc.

149Power to open and break up roads etc.

149ASafety duties in relation to works on or in immediate vicinity of rail infrastructure or rolling stock

149BNotification of owners or occupiers of land on which there is rail infrastructure or rolling stock

149CNotification of gas distribution and transmission companies before railway operations carried out

Division 5—Offences

150Obstructing construction or operation of pipelines

151Offences relating to transmission pipelines

152Offences relating to gas supply

Division 6—General

153Definition

154Identity cards

155Power of entry

156Emergency powers

157Offence to obstruct officer or employee of gas company

Part 9—Gas supply emergency provisions

Division 1—Emergency provisions

206Proclamation that this Part applies

207Powers of Minister

208Offence not to comply with direction etc.

209Offence to obstruct a person carrying out a direction etc.

210Offences by bodies corporate

211Offences by partnerships or unincorporated associations

212Judicial notice

213Immunity from suit

213ACorporations Act displacement

Division 2—Enforcement

214Powers of entry—enforcement

215Occupier to be given copy of consent

216Search warrant

217Announcement before entry

218Copy of warrant to be given to occupier

Division 3—Infringement notices

219Definition

220Power to serve a notice

222Infringement penalties

Part 9A—Compliance and enforcement reporting

223Compliance and enforcement report—gas retailers

224Performance indicators for compliance and enforcement reports

225Reporting of systemic issues referred to Commission

Part 10—General

229Delegation by Minister

229AOffence to give false or misleading information or documents

229BMonetary benefits orders

229CDetermining amount to be paid under monetary benefits order

229DRecovery of amounts ordered to be paid

229EAdverse publicity orders

230Offences by bodies corporate

231Proceedings for offences

232Gas retailer not liable for failure to supply

233Exemption from liability to transmit or convey gas

234Evidence of ownership

235Supreme Court—limitation of jurisdiction

236Regulations

Part 11—Abolition of VENCorp

237Definitions

238Abolition of VENCorp

239Transferred employees

240Financial reporting obligations

241Taxes

242Validity of things done under this Part

243Corporations Act displacement

Part 12—Savings and transitional provisions

244Savings and transitional provisions—Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021

Schedule

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Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 074

Gas Industry Act 2001

No. 31 of 2001

Version incorporating amendments as at

30 July 2024

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1Purpose

The main purpose of this Act is to regulate the gas industry.

2Commencement

(1)Section 1 and this section come into operation on the day on which this Act receives the Royal Assent.

(2)The remaining provisions of this Act (except section 69) come into operation on 1 September 2001.

(3)Section 69 comes into operation on a day to be proclaimed.

(4)If section 69 does not come into operation before 1 July 2002, it comes into operation on that day.

3Definitions

In this Act—

ACCC means the Australian Competition and Consumer Commission established by section 6A of the Competition and Consumer Act 2010 and includes a member of the Commission or a Division of the Commission performing functions of the Commission;

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AEMC means the Australian Energy Market Commission established by section 5 of the Australian Energy Market Commission Establishment Act 2004 of South Australia;

AEMO means Australian Energy Market Operator Limited (ACN 072 010 327);

AER means the Australian Energy Regulator established by section 44AE of the Competition and Consumer Act 2010 of the Commonwealth;

affected licensee means—

(a)a licensee whose licence in relation to which the Minister proposes to make an Order under section 40A(1) specifying a condition to which the licence is to be subject; or

(b)a licensee whose licence is subject to a Ministerial licence condition which the Minister proposes to vary or revoke under an Order under section 40A(1);

apparatus and works means, in relation to a pipeline—

(a)apparatus for inducing or facilitating the flow or movement of anything through the pipeline;

(b)apparatus or structure for giving protection or support to the pipeline;

(c)apparatus for transmitting information or instruction with regard to the operation of the pipeline;

(d)valves, valve chambers, manholes, inspection pits and other similar works annexed to or incorporated in the course of the pipeline;

(e)storage, loading and all ancillary facilities and installations required for the pipeline or used in connection with, or incidental to, the pipeline;

(f)prime movers for the operation of any apparatus or works mentioned in paragraph (a), (d) or (e);

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associate, in relation to a failed retailer, has the same meaning it would have under Division 2 of Part 1.2 of the Corporations Act if sections 13, 16(2) and 17 did not form part of that Act;

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Code of Practice means a Code of Practice applying to the gas industry under Part 6 of the Essential Services Commission Act2001 or under this Act;

Commission means the Essential Services Commission established under the Essential Services Commission Act 2001;

Competition and Consumer Act 2010 means the Competition and Consumer Act 2010 of the Commonwealth;

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construction includes, in relation to a pipeline, the placing or testing of the pipeline;

customermeans a person to whom a gas company transmits, distributes or supplies gas or provides goods or services;

deemed Ministerial licence condition means a Ministerial licence condition to which section 40H(1) or (2) applies;

distribute, in relation to gas, means convey gas through distribution pipelines;

distribution pipeline means a pipeline for the conveyance of gas but does not include—

(a)a transmission pipeline;

(b)a gathering line within the meaning of the Petroleum Act 1998;

domestic or small business customer means a person, or a member of a class of persons, to whom an Order under section 42(5) applies;

failed retailer has the same meaning as in section 122 of the National Energy Retail Law (Victoria);

gasmeans any gaseous fuel but does not include any gaseous fuel that is declared under section 8 not to be gas for the purposes of this Act or any provision of this Act;

gas bill means—

(a)in this Act (except Division 4AA of Part 3), a bill or account issued by a licensee to a customer for the supply or sale of gas; and

(b)in Division 4AA of Part 3, a bill or account issued by a gas retailer or an exempt gas seller (within the meaning of that Division) to a relevant customer (within the meaning of that Division) for the supply or sale of gas;

gaseous fuel includes petrochemical feed stock;

GASCOR has the same meaning as it has in the Gas Industry (Residual Provisions) Act 1994;

gas company means a gas distribution company, a gas retailer or a gas transmission company;

gas distribution company means a person who holds a licence to provide services by means of a distribution pipeline;

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gas fittingincludes meter, pipeline, burner, fitting, appliance and apparatus used in connection with the consumption of gas;

gas producer means a person who carries on a business of producing natural gas;

gas retailer means a person who holds a licence to sell gas;

gas transmission company means any person, other than AEMO, who owns, operates or provides a service by means of a transmission pipeline;

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GTC has the same meaning as it has in the Gas Industry (Residual Provisions) Act 1994;

industry code does not include a Code of Practice;

insolvency official has the same meaning as in section 122 of the National Energy Retail Law (Victoria);

inspector, except in Part 8, means a person appointed as an inspector under Part 5 of the Gas Safety Act 1997;

licence means a licence issued under Part 3;

licensee means the holder of a licence issued under Part 3;

licensee standing offer means—

(a)the tariffs fixed under an Order in force under section 21 or determined under a price determination in force under such an Order or, if there are no such tariffs, the tariffs determined by a licensee under section 42(1) and published in the Government Gazette in accordance with that subsection, as varied from time to time by the licensee as provided for under section 42(3); and

(b)the terms and conditions determined by a licensee and approved by the Commission under section 42(1) and published in the Government Gazette in accordance with that subsection, as varied from time to time by the licensee and approved by the Commission as provided for under section 42(4);

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MCE means the group of Ministers, constituting or forming part of a Ministerial Council, Standing Council of Ministers or similar body (however described) responsible for energy matters at a national level that is comprised of the following 9 Ministers—

(a)one Minister from the Commonwealth;

(b)one Minister from each State;

(c)one Minister from each Territory—

which acts in accordance with its own procedures;

meter means—

(a)an instrument that measures the quantity of gas passing through it; and

(b)in Division 4AA of Part 3, includes an instrument that measures the quantity of hot water passing through it;

Ministerial licence condition—

(a)means a condition specified under an Order under section 40A(1) to which a licence, or a specified class of licence, is to be subject; and

(b)includes a condition referred to in paragraph (a) as varied under an Order under section 40A(1);

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national retailer has the same meaning as in section 122 of the National Energy Retail Law (Victoria);

natural gas means a substance—

(a)which is in a gaseous state at standard temperature and pressure; and

(b)which consists of naturally occurring hydrocarbons, or a naturally occurring mixture of hydrocarbons and non-hydrocarbons; and

(c)the principal constituent of which is methane;

operation, in relation to a pipeline, includes the maintenance, removal and alteration of the pipeline;

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pipelinemeans a pipe or system of pipes for or incidental to the conveyance of gas and includes all apparatus and works associated with the pipe or system of pipes, and includes a part of such a pipe or system but does not include a pipeline or a pipeline in a class of pipelines declared under section 9 not to be a pipeline for the purposes of this Act;

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Registered participant has the same meaning as in the National Gas (Victoria) Law;

regulated tariff standing offer means a licensee standing offer that is subject to an Order under section 21 that is in force;

*                *                *                *                *

relevant published offer means the tariffs and terms and conditions on which a specified retailer sells gas to small retail customers that are published in accordance with section 43A;

retail licence means a licence to sell gas by retail;

RoLR event has the same meaning as in section 122 of the National Energy Retail Law (Victoria);

significant producer means a body corporate that—

(a)is the holder of, or of an interest in, a production licence for petroleum in the adjacent area in respect of Victoria within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2010 or of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of the Commonwealth; and

(b)has a substantial degree of power in one or more Victorian gas markets—

and, in Parts 3, 4 and 5, includes a body corporate that is related within the meaning of section 74 to such a holder;

small retail customer in section 43A, 48B, 48C or 48D means a person in a class of persons declared to be small retail customers for the purposes of that section by Order under section 7A;

specified circumstances, in section 43A, means circumstances declared to be specified circumstances by Order under section 7A(1)(c);

specified retailer means a licensee declared to be a specified gas retailer by Order under section 7A(1)(b);

standing offer means—

(a)a licensee standing offer; or

(b)a regulated tariff standing offer;

supply and sale contract means a contract for the sale or supply of gas, whether oral or in writing, or partly oral and partly in writing;

Tariff Order means—

*                *                *                *                *

(b)the Wimmera and Colac Gas Supply Tariff Order 1998 published in the Government Gazette on 17 December 1998 as that Order is amended and in force from time to time;

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transmission pipeline means—

(a)a pipeline for the conveyance of gas—

(i)in respect of which a person is, or is deemed to be, the licensee under the Pipelines Act 2005; and

(ii)that has a maximum design pressure exceeding 1050kPa—

other than a gathering line within the meaning of the Petroleum Act 1998; or

(b)a pipeline that is declared under section 10 to be a transmission pipeline—

but does not include a pipeline declared under section 10 not to be a transmission pipeline;

transmitmeans convey gas through a transmission pipeline;

trial waiver—see section 55;

underground storage facility means a naturally occurring underground reservoir adapted to enable it to be used for the purpose of storing natural gas;

*                *                *                *                *

Victorian gas market means a market in which gas—

(a)is supplied in Victoria to a gas retailer; or

(b)is supplied to customers in Victoria—

whether or not the market extends beyond Victoria.

4Crown to be bound

This Act binds the Crown, not only in right of Victoria but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

5Extra-territorial operation

It is the intention of the Parliament that the operation of this Act should, so far as possible, include operation in relation to the following—

(a)land situated outside Victoria, whether in or outside Australia;

(b)things situated outside Victoria, whether in or outside Australia;

(c)acts, transactions and matters done, entered into or occurring outside Victoria, whether in or outside Australia;

(d)things, acts, transactions and matters, (wherever situated, done, entered into or occurring) that would, apart from this Act, be governed or otherwise affected by the law of the Commonwealth, another State, a Territory or a foreign country.

6Construction of Act

This Act must be read and construed as one with the Gas Industry (Residual Provisions) Act1994.

PART 2—APPLICATION OF ACT

Division 1—Provisions relating to gas companies

7Application of Act and other Acts to certain gas companies

(1)The Governor in Council, by Order published in the Government Gazette, may declare that a reference in specified provisions in Part 7 of this Act or specified provisions in another Act to a gas company does not include a reference to a specified gas distribution company, gas retailer or gas transmission company.

(2)A copy of an Order under subsection (1) must be laid before each House of Parliament on or before the sixth sitting day after it is made.

(3)An Order under subsection (1) is subject to disallowance by a House of Parliament, and section 23 of the Subordinate Legislation Act 1994 applies as if the Order were a statutory rule.

Division 1A—Declaration of small retail customers and retailers

7ADeclaration of small retail customers and retailers

(1)The Governor in Council may by Order published in the Government Gazette—

(a)declare a class or classes of persons to be small retail customers for the purposes of section 43A, 48B, 48C or 48D;

(b)declare a licensee to be a specified gas retailer for the purposes of section 43A;

(c)declare circumstances to be specified circumstances for the purposes of section 43A.

(2)An Order under subsection (1)(a) may declare a different class or classes of persons to be small retail customers for the purposes of each section specified in that paragraph.

(3)An Order under subsection (1)(a) may specify a class of persons by reference to all or any of the following—

(a)the person authorised to sell the gas;

(b)the purpose for which the gas is used;

(c)the quantity of gas used;

(d)the period of use;

(e)the place of supply;

(f)the nature of the contract for supply of gas;

(g)financial circumstances;

(h)any other specified factor of any kind.

(3A)An Order under subsection (1)(b) may specify a licensee by reference to all or any of the following—

(a)the number of small retail customers of the licensee;

(b)the tariffs at, and terms and conditions on, which the licensee sells gas to its small retail customers;

(c)the distribution area of a gas distribution company provided for in the company's licence;

(d)any other specified factor relevant to the sale of gas.

(3B)An Order under subsection (1)(c) may declare circumstances to be specified circumstances by reference to all or any of the following—

(a)the number of small retail customers of a specified retailer;

(b)the tariffs at, and terms and conditions on, which a specified retailer sells gas to its small retail customers;

(c)the distribution area of a gas distribution company provided for in the company's licence;

(d)any other specified factor relevant to the sale of gas.

(4)An Order under this section may confer powers and functions on, and leave any matter to be decided by, the Commission.

Division 2—Application provisions relating to gas and pipelines

8Declaration of gaseous fuel

The Governor in Council, by Order published in the Government Gazette, may declare any gaseous fuel not to be gas for the purposes of this Act or any provision of this Act.

9Declaration of pipeline not to be pipeline

The Governor in Council, by Order published in the Government Gazette, may declare a pipeline or a pipeline in a class of pipelines not to be a pipeline for the purposes of this Act.

10Declaration of pipeline to be, or not to be, a transmission pipeline

The Governor in Council, by Order published in the Government Gazette—

(a)may declare a pipeline or class of pipelines to be a transmission pipeline for the purposes of this Act;

(b)may declare a pipeline or class of pipelines not to be a transmission pipeline for the purposes of this Act.

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Division 4—Role of the Commission and the ACCC under this Act

17Application of Essential Services Commission Act 2001

For the purposes of the Essential Services Commission Act 2001—

(a)this Act is relevant legislation; and

(b)the gas industry is a regulated industry.

18Objectives of the Commission

The objectives of the Commission under this Act are—

(a)to the extent that it is efficient and practicable to do so, to promote a consistent regulatory approach between the gas industry and the electricity industry; and

(b)to promote the development of full retail competition; and

(c)to promote protections for customers, including in relation to assisting customers who are facing payment difficulties.

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PART 3—REGULATION OF GAS INDUSTRY

Division 1—Regulation of tariffs and charges

20Wimmera and Colac Tariff Order

(1)The Wimmera and Colac Tariff Order cannot be amended except as provided by this section.

(2)The Governor in Council may, by Order, revoke the Wimmera and Colac Tariff Order.

(3)The Governor in Council may, by Order, amend the Wimmera and Colac Tariff Order to insert specified metering and data collection and processing services as excluded services for the purposes of the Order.

(4)The Governor in Council may, by Order, amend a Tariff Order from time to time so as to extend the application of the Order to additional retailers and additional gas distribution companies.

(5)The Wimmera and Colac Tariff Order may confer functions and powers on the ACCC or the Commission relating to the regulation of tariffs and charges under the Order.

*                *                *                *                *

(7)An Order under subsection (2), (3) or (4) must be published in the Government Gazette.

(8)An Order under subsection (1) has effect as from the date specified in the Order.

*                *                *                *                *

(9)If a provision of the Wimmera and Colac Tariff Order ceases to have effect, the remaining provisions of that Order continue to have effect, subject to that Order and this Act, according to their tenor and so to have effect, subject to that Order and this Act, as if—

(a)references in those provisions to a provision that has ceased to have effect were a reference to that provision as in force immediately before it ceased to have effect; and

(b)words and expressions used in those provisions that were defined by the provision that has ceased to have effect continue to have the same respective meanings as before the provision ceased to have effect.

(10)In this section Wimmera and Colac Tariff Order means the Wimmera and Colac Gas Supply Tariff Order 1998 published in the Government Gazette on 17 December 1998 as that Order is amended and in force from time to time.

20APowers in relation to price regulation

For the purposes of Part 3 of the Essential Services Commission Act 2001, the power to regulate prescribed prices in respect of prescribed goods and services is conferred on the Commission in respect of tariffs for the sale of gas regulated by Order under section 21, to the extent specified in such an Order.

21Regulation of tariffs for prescribed customers

(1)The Governor in Council, on the recommendation of the Minister, may, by Order published in the Government Gazette, regulate, in such manner and in relation to such period as the Governor in Council thinks fit, tariffs for the sale of gas to prescribed customers or a class of prescribed customers.

(1A)The Minister may make a recommendation under subsection (1)—

(a)if, under an MCE directed retail competition review, the AEMC—

(i)concludes that competition in a market for gas is not effective; and

(ii)recommends, in accordance with the MCE's written direction for that review, that price controls on prices for retail gas services be (as the case requires) retained or reintroduced; or

(b)if the Commission makes a recommendation in a report under section 10AAB of the Essential Services Commission Act 2001 that price controls on prices for retail gas services be (as the case requires) retained or reintroduced.

(1B)In addition, the Minister may make a recommendation under subsection (1) on the basis of any other information available to the Minister, including information made available to the Minister before the commencement of this subsection.

(1C)Before making a recommendation under subsection (1), the Minister must consult the Premier and the Treasurer.

(2)Without limiting the generality of subsection (1), the manner may include—

(a)fixing the tariff or the rate of increase or decrease in the tariff;

(b)fixing a maximum tariff or maximum rate of increase or minimum rate of decrease in the maximum tariff;

(c)fixing an average tariff or an average rate of increase or decrease in the average tariff;

(d)specifying policies and principles for fixing tariffs;

(e)specifying a tariff determined by reference to a general price index, the cost of production, a rate of return on assets employed or any other specified factor;

(f)specifying a tariff determined by reference to any one or more of the following—

(i)a prescribed customer or class of prescribed customers;

(ii)a person or a class of persons authorised to sell gas;

(iii)the purpose for which the gas is used;

(iv)the quantity of gas used;

(v)the period of use;

(vi)the place of supply;

(vii)any other specified factor relevant to the sale of gas.

(2AA)Without limiting the generality of subsection (1), an Order under that subsection may—

(a)prohibit or exclude any specified cost, matter or thing from being had regard to by the Commission in making a decision, including a price determination, in respect of any tariff for the sale of gas to prescribed customers or a class of prescribed customers; and

(b)regulate the offer, or the giving, of a discount or other benefit to prescribed customers or a class of prescribed customers, including—

(i)the maximum amount or value of a discount or other benefit that may be offered or given to prescribed customers or a class of prescribed customers; and

(ii)the periods when a discount or other benefit may be offered or given to prescribed customers or a class of prescribed customers.

(2A)Without limiting the generality of subsection (1), in determining the manner tariffs for the sale of gas to prescribed customers or a class of prescribed customers are to be regulated, the Governor in Council may have regard to the tariffs paid or payable by the prescribed customers or a class of prescribed customers.

(3)An Order under subsection (1) may—

(a)direct the Commission to make a decision, including a price determination, in respect of any factors and matters, or in accordance with any procedures, matters or bases, that are specified in the Order; and

(b)direct the Commission to make amendments to any instrument made by the Commission to give effect to any matter specified in the Order; and

(c)confer powers and functions on, and leave any matter to be decided by, the Commission; and

(d)include saving and transitional provisions.

(3A)An Order under subsection (1) may—

(a)be of general or limited application;

(b)differ according to differences in time, place and circumstances.

(3B)An Order under subsection (1) has effect according to its tenor despite anything to the contrary in any agreement or contract.

(4)An Order under subsection (1) has effect as from the date specified in the Order.

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(5)The Governor in Council may, by Order published in the Government Gazette, declare that a person or class of persons specified in the Order is, for the purposes of this section, a prescribed customer or class of prescribed customers.

(6)In this section—

MCE directed retail competition review means an MCE directed review (within the meaning of the National Gas (Victoria) Law) under section 79(1)(e) of that Law;

prescribed customer means a person, or a member of a class of persons, to whom an Order under subsection (5) applies;

price determination means a determination under section 33 of the Essential Services Commission Act 2001.

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Division 2—Licences

22Offence to distribute or retail gas without licence

(1)A person must not provide services (other than the sale of gas by retail) by means of a distribution pipeline, either as principal or agent, unless the person—

(a)is the holder of a licence authorising that person to provide those services; or

(b)is exempt from the requirement to obtain a licence in respect of those services because of an Order under section 24; or

(c)is the holder of a trial waiver in respect of the provision of those services.

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(2)A person must not engage in the sale of gas by retail, either as principal or agent, unless the person—

(a)is the holder of a licence authorising the sale of gas by retail; or

(b)is exempt from the requirement to obtain a licence in respect of the sale of gas by retail because of an Order under section 24; or

(c)is the holder of a trial waiver in respect of the sale of gas by retail.

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(3)A person who contravenes subsection (1) or (2) commits an offence against that subsection and is liable to a penalty not exceeding 1200 penalty units and 120 penalty units for each day after the day on which a notice of contravention of that subsection is served on the person by the Commission.

(4)Subsections (1) and (2) are civil penalty requirements for the purposes of the Essential Services Commission Act 2001.

Note

For matters relating to contraventions of provisions that are offences and civil penalty requirements, see Subdivision 4 of Division 1 of Part 7 of the Essential Services Commission Act 2001.

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24Exemptions

(1)The Governor in Council, by Order published in the Government Gazette, may exempt—

(a)a person from the requirement to obtain a licence in respect of the activity specified in the Order; or

(b)a person from the requirement to obtain registration under section 91BJ or 91LB of the National Gas (Victoria) Law.

(2)An Order under subsection (1)(a) may—

(a)be of general or specific application; and

(b)differ according to differences in time, place and circumstances; and

(c)apply, adopt or incorporate wholly or partially or as published or amended by the Order, the provisions of any document, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether—

(i)as formulated, issued, prescribed or published at the time the Order is made or at any time before the Order is made; or

(ii)as amended from time to time; and

(d)include terms, conditions and limitations that are the same as some or all of the conditions that apply to a licence; and

(e)be subject to such terms, conditions and limitations as are specified in the Order; and

(f)direct the Commission to make amendments to any instrument made by the Commission to give effect to any matter specified in the Order; and

(g)include saving and transitional provisions; and

(h)have effect according to its tenor despite anything to the contrary in any agreement or contract; and

(i)have effect despite anything to the contrary in section 21; and

(j)confer powers and functions on, and leave any matter to be decided by, the Commission.

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25Application for licence

(1)A person may apply to the Commission for the issue of a licence—

(a)authorising the person to provide services by means of a distribution pipeline; or

(b)authorising the person to sell gas by retail; or

(c)authorising the person to engage in providing services as a market participant by means of an underground storage facility.

(2)An application must be in a form approved by the Commission and accompanied by such documents as may be required by the Commission.

(3)An application must be accompanied by the application fee (if any) fixed by the Commission.

26Grant or refusal of application

(1)The Commission may grant or refuse an application for the issue of a licence for any reason it considers appropriate, having regard to the objectives of the Commission under this Act and under the Essential Services Commission Act 2001.

(1A)The Commission may refuse to grant an application for the issue of a licence if the applicant is a failed retailer or an associate of a failed retailer.

(1B)Without limiting subsection (1A), the Commission may refuse to grant an application for the issue of a licence until the applicant pays a proportion or the whole of the costs of a prior RoLR event as determined by the AER under section 170 of the National Energy Retail Law (Victoria).

(2)The Commission must publish a notice in a daily newspaper generally circulating in Victoria—

(a)specifying that an application for a licence in respect of the relevant activity has been lodged with the Commission by the person specified in the notice; and

(b)inviting interested persons to make submissions to the Commission in respect of the application within the period and in the manner specified in the notice.

(3)Subject to this section and any requirements specified in regulations made for the purposes of this section under section 236, the Commission may decide the procedures that are to apply in respect of the issue of licences.

(4)The Commission must notify an applicant in writing of its decision to grant or refuse to grant the application and, in the case of a decision to refuse to grant the application, of the reasons for its decision.

27Grant of licence for exclusive franchise

(1)The Commission, under section 26, may grant an application for a licence—

(a)to provide services by means of a distribution pipeline in a particular area on an exclusive basis; or

(b)to sell gas by retail in a particular area on an exclusive basis.

(2)The Commission, under section 38, may vary a licence to permit the licensee—

(a)to provide services by means of a distribution pipeline in a particular area on an exclusive basis; or

(b)to sell gas by retail in a particular area on an exclusive basis.

(3)The Commission may only grant an application for a licence of a kind referred to in subsection (1) in accordance with the criteria determined by Order under this section for the grant of a licence.

(4)The Commission may only vary a licence for a purpose referred to in subsection (2) in accordance with the criteria determined by Order under this section for the variation of a licence.

(5)If—

(a)an application for a licence to provide services by means of a distribution pipeline is granted, in accordance with this section, in relation to a particular area; or

(b)a licence is varied to permit the provision of services by means of a distribution pipeline in a particular area on an exclusive basis—

then for the period specified in the licence, no other licensee is authorised to provide those services in that area.

(6)If—

(a)an application for a licence to sell gas by retail is granted in accordance with this section in relation to a particular area; or

(b)a licence is varied to permit the sale of gas by retail in a particular area on an exclusive basis—

then for the period specified in the licence no other licensee is authorised under this Act to sell gas by retail in that area.

(7)Subsections (5) and (6) apply despite anything to the contrary in any licence granted before, on or after the commencement of this section and any such licence is deemed to be modified accordingly.

(8)The Governor in Council, by Order published in the Government Gazette, may determine the criteria for—

(a)the grant of an application for a licence of a kind referred to in subsection (1)(a) or (b); or

(b)the variation of a licence of a kind referred to in subsection (2)(a) or (b).

(9)The criteria specified in an Order under subsection (8) must not be inconsistent with any relevant criteria contained in the Natural Gas Pipelines Access Agreement dated 7 November 1997 and made between the Commonwealth, the States of New South Wales, Victoria, Queensland, South Australia, Western Australia and Tasmania, and the Australian Capital Territory and the Northern Territory as that agreement is amended and in effect from time to time.

28Provisions relating to licences

(1)A licence is to be issued for such term (if any) as is decided by the Commission and is specified in the licence.

(2)A licence is subject to such conditions as are decided by the Commission.

Note

A licence is also subject to conditions deemed under this Act to be licence conditions of the licence or to which the licence is subject, including conditions specified by the Minister by Order under section 40A(1).

(3)If a licence is issued to 2 or more persons for the purpose of the carrying on by those persons of activities authorised by the licence in partnership or as an unincorporated joint venture, the licence may include conditions relating to the carrying on of those activities in that manner.

(4)For the purposes of section 8(1)(k) of the Personal Property Securities Act 2009 of the Commonwealth, a licence is declared not to be personal property.

29Specific licence conditions

Without limiting the generality of section 28, the conditions on a licence may include provisions—

(a)requiring the licensee to pay specified fees and charges in respect of the licence to the Commission;

(b)requiring the licensee to enter into agreements on specified terms or on terms of a specified type;

(c)requiring the licensee to observe specified Orders in Council, industry codes, standards, rules and guidelines with such modifications or exemptions as may be specified by the Commission;

(d)in the case of a licence issued to a gas retailer, requiring the licensee to inform customers from time to time of the arrangements in place or proposed to be in place to allow them to elect to become a customer of another gas retailer;

(e)in the case of a licence issued to a gas retailer, requiring the licensee to give notice to customers of the existence of deemed contracts under section 46 and the methods by which those contracts may be terminated and requiring the gas retailer to provide cooling-off periods approved by the Commission for the termination of those contracts;

(f)requiring the licensee to maintain specified accounting records and to prepare accounts according to specified principles;

(g)specifying requirements about the ownership of real or personal property used in or in connection with the carrying on of activities under the licence;

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(i)preventing the licensee from engaging in or undertaking specified business activities;

(j)requiring the licensee to establish and maintain separate accounts for specified business activities and to keep those activities separate from its other activities in any manner specified in the licence;

(k)prohibiting the licensee from engaging in conduct of a particular kind, or for a particular purpose, or that has, or is likely to have, a particular effect;

(l)restricting the classes of customers to whom the licensee may sell gas or provide services under the licence, as the case requires;

(m)specifying methods or principles to be applied by the licensee in determining prices or charges;

(ma)in the case of a licence issued to a gas retailer, specifying methods and principles to be applied by the licensee in determining prices and charges for the supply of gas to bulk hot water systems and requiring the licensee to publish those prices or charges;

(n)specifying methods or principles to be applied in the conduct of gas retailing or the provision of services under the licence, as the case requires;

(o)specifying procedures for variation or revocation of the licence;

(p)specifying the procedures to apply if an administrator is appointed under section 41;

(q)requiring the licensee to provide, in the manner and form specified by the Commission, such information as the Commission may from time to time require;

(r)subject to section 49, in the case of a licence issued to a gas retailer, requiring the licensee to enter into an agreement with the State for the provision of community services;

(s)requiring the licensee to develop, issue and comply with customer-related standards, procedures, policies and practices (including with respect to the payment of compensation to customers);

(t)requiring a licensee who was a failed retailer or was or is an associate of a failed retailer to pay a proportion or the whole of the costs of a prior RoLR event as determined by the AER in accordance with section 170 of the National Energy Retail Law (Victoria).

30Determination of fees and charges

(1)For the purposes of section 29(a), the Minister, after consultation with the Minister administering the Essential Services Commission Act 2001, by notice published in the Government Gazette, may determine the fees and charges specified in respect of a licence.

(2)A determination of fees and charges under this section may provide for any of the following matters—

(a)specific fees and charges;

(b)maximum fees and charges;

(c)minimum fees and charges;

(d)scales of fees and charges according to the value of the services provided for the fees and charges;

(e)fees and charges that vary according to different persons or classes of persons;

(f)the manner of payment of fees and charges;

(g)the reduction, waiver or refund, in whole or part, of the fees and charges;

(h)the time or times at which fees and charges are to be paid.

(3)If under subsection (2)(g) provision is made for a reduction, waiver or refund, in whole or in part, of a fee or charge, the reduction, waiver or refund may be expressed to apply—

(a)either generally or specifically—

(i)in respect of certain matters or transactions or classes of matters or transactions; or

(ii)in respect of certain documents or classes of documents; or

(iii)when an event happens; or

(iv)in respect of certain persons or classes of persons; or

(v)in respect of any combination of matters, transactions, documents, events or persons; and

(b)subject to specified conditions or at the discretion of any specified person or body.

(4)A determination under this section takes effect on the day that the notice is published in the Government Gazette under subsection (1) or on a later day specified in that notice.

(5)A determination under this section ceases to have effect on whichever of the following days occurs first—

(a)the day the determination is revoked;

(b)the day (if any) that the notice published in the Government Gazette under subsection (1) specifies as the day on which the determination ceases to have effect;

(c)the day that is 10 years after the day on which the determination took effect.

31Condition specifying industry codes, standards, rules or guidelines

(1)If a licence is subject to a condition of a kind referred to in section 29(c), the Commission—

(a)may, in accordance with procedures specified by the Commission, amend the specified industry codes, standards, rules or guidelines, or a document referred to in any of them, for the purposes of their application under the licence;

(b)may resolve, or seek to resolve, disputes between the licensee and any other person relating to the specified industry codes, standards, rules or guidelines, or a document referred to in any of them, as they apply under the licence.

(2)If the Commission amends an industry code, standard, rule or guideline or a document under subsection (1), the Commission may at the same time, in accordance with procedures specified by the Commission, amend that code, standard, rule, guideline or document for the purposes of their application otherwise than under the licence.

32Condition relating to customer-related standards, procedures, policies and practices

(1)If a licence is subject to a condition of a kind referred to in section 29(s)—

(a)the Commission must monitor the licensee's compliance with the customer-related standards, procedures, policies and practices developed by the licensee in accordance with the condition; and

(b)if the Commission considers that any of the customer-related standards, procedures, policies and practices, or compliance by the licensee with any of them, disadvantages, or may disadvantage, any class of its customers, or all of its customers, the Commission may require the licensee to modify or revoke any part of the standards, procedures, policies or practices that causes the disadvantage or possible disadvantage.

(2)The Commission, in making a requirement under subsection (1)(b), must have regard to the prices, risks and costs associated with or resulting from the modification or revocation which is the subject of the requirement.

(3)The Commission must not make a requirement under subsection (1)(b) unless the Commission has given the licensee an opportunity to make representations on the matter.

(4)Section 35 of the Essential Services Commission Act 2001 applies to the making of a requirement under subsection (1) as if it were a determination made by the Commission under the Essential Services Commission Act 2001.

33Condition to give information to Commission

(1)A licence to sell gas by retail is taken to include a condition requiring the licensee to comply with this section.

(2)The licensee must give to the Commission, for the purpose of enabling the Commission to perform its functions under Part 6A, the information specified by the Commission in the guidelines issued under subsection (4).

(3)The licensee must give to the Commission the information referred to in subsection (2) in the manner and form (including by the date or dates) specified in the guidelines issued under subsection (4).

(4)The Commission must prepare and issue guidelines for the purposes of this section.

Note

Section 229A contains offences in relation to licensees giving information or producing documents to the Commission that are misleading in any material particular.

34Condition relating to advertising of enforcement action taken against licensee

(1)A licence is taken to include a condition requiring the licensee, at the direction of the Commission, to publish a notice, approved by the Commission, containing the things set out in subsection (2) in a daily newspaper generally circulating in Victoria within the period specified by the Commission.

(2)A notice published under subsection (1) must contain the following things—

(a)a statement that enforcement action has been taken in respect of the licensee;

(b)an explanation of the nature of the enforcement action;

(c)the reason for the enforcement action;

(d)the status of any proceeding commenced, or action taken, in relation to the enforcement action.

(3)In this section—

enforcement action has the same meaning as in section 223(4).

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36Customer dispute resolution

(1)A licence to—

(a)provide services by means of a distribution pipeline; or

(b)sell gas by retail—

must be issued subject to a condition requiring the licensee to enter into a customer dispute resolution scheme approved by the Commission.

(2)In approving a customer dispute resolution scheme, the Commission must have regard to—

(a)the objectives of the Commission under this Act and under the Essential Services Commission Act 2001; and

(b)the need to ensure that the scheme is accessible to the licensee's customers and that there are no cost barriers to those customers using the scheme; and

(c)the need to ensure that the scheme is independent of the members of the scheme; and

(d)the need for the scheme to be fair and be seen to be fair; and

(e)the need to ensure that the scheme will publish decisions and information about complaints received by the scheme so as to be accountable to the members of the scheme and the customers of the scheme members; and

(f)the need for the scheme to undertake regular reviews of its performance to ensure that its operation is efficient and effective.

(3)The Commission may, in accordance with this Part, vary any existing licence to—

(a)provide services by means of a distribution pipeline; or

(b)sell gas by retail—

to include a condition of a kind referred to in subsection (1).

(4)The Commission may in its discretion exempt a licence to sell gas by retail held by a significant producer from the requirements of subsection (1).

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38Variation or revocation of licence

(1)A licence or the Commission licence conditions may be varied—

(a)in accordance with the procedures specified in the Commission licence conditions; or

(b)by agreement between the Commission and the licensee; or

(c)by a notice in accordance with subsection (2) served on the licensee.

(2)The Commission must not vary a licence or the Commission licence conditions by a notice unless—

(a)the Commission is satisfied that the variation is necessary—

(i)having regard to the objectives of the Commission under this Act and under the Essential Services Commission Act 2001; or

(ii)to give effect to Division 5; and

(b)the Commission has given the licensee an opportunity to make representations on the matter.

(2A)The Commission may vary a licence or a Commission licence condition so that the licence or condition is not inconsistent with a deemed Ministerial licence condition to which the licence is subject.

(2B)Subsections (1) and (2) do not apply to a variation of a licence or Commission licence condition under subsection (2A).

(3)Subject to sections 38AA and 38AB and Division 6, the Commission may revoke a licence in accordance with the procedures specified in Commission licence conditions.

(4)In deciding whether to revoke a licence the Commission must have regard to any direction of the Minister under section 207 that is in force.

(5)Anything in the procedures specified in the licence's conditions for the revocation of the licence that is inconsistent with subsection (4) is of no effect.

(6)In this section—

Commission licence condition means a condition which has been decided by the Commission under section 28 as a condition to which a licence is subject.

38AA Commission to consult AER before revoking a retail licence

(1)The Commission must consult the AER before the Commission revokes a retail licence.

(2)Consultation under subsection (1) must be in accordance with the regulations (if any).

(3)The revocation of a retail licence by the Commission is not invalidated by reason only of a failure to comply with this section.

38ABCommission to notify AER and AEMO of revocation of retail licence

(1)If the Commission revokes a retail licence, the Commission must notify the AER and AEMO of that revocation within the prescribed period (if any).

(2)The revocation of a retail licence by the Commission is not invalidated by reason only of a failure to comply with subsection (1).

38AVariation to licence conditions—contravention of licence or Code of Practice

(1)The Commission, by written notice served on the licensee, may vary a licence or licence condition without the consent of the licensee if the licensee has contravened or is contravening a condition of the licence or a provision of a Code of Practice.

(2)A licence or licence condition that is varied under subsection (1) must specify the action that the licensee is required to take—

(a)to rectify the contravention; and

(b)to prevent any future contravention of the licence condition or provision of the Code of Practice.

(3)The Commission must not vary a licence or the licence condition under this section unless the Commission has given the licensee an opportunity to make representations on the matter.

39Gazettal requirement

The Commission must ensure that—

(a)notice of the grant of a licence including—

(i)the name of the licensee;

(ii)the term of the licence;

(iii)the place where a copy of the licence may be inspected;

(b)notice of a variation or revocation under section 38—

is published in the Government Gazette as soon as possible after the grant of a licence or the variation or revocation, as the case requires.

40Transfer of licence

(1)The holder of a licence may apply to the Commission for approval to transfer the licence.

(2)An application must be in a form approved by the Commission and accompanied by such documents as may be required by the Commission.

(3)An application must be accompanied by the application fee (if any) fixed by the Commission.

(4)The Commission must publish in a daily newspaper generally circulating in Victoria a notice—

(a)specifying that an application for the transfer of the licence has been lodged with the Commission for the transfer by the holder to a proposed transferee specified in the notice; and

(b)inviting interested persons to make submissions to the Commission in respect of the application within the period and in the manner specified in the notice.

(5)Subject to this section, the Commission may approve, or refuse to approve, the application for any reason it considers appropriate, having regard to the objectives of the Commission under this Act and under the Essential Services Commission Act 2001.

(6)The Commission may decide that, upon the transfer of the licence under this section, the conditions to which the licence is subject are varied as decided by the Commission.

(7)Subject to this section and any requirements specified in regulations made for the purposes of this section under section 236, the Commission may decide the procedures that are to apply in respect of the transfer of a licence.

(8)The Commission must notify an applicant in writing of its decision to approve or refuse to approve the application and, in the case of a decision to refuse to approve the application, of the reasons for its decision.

(9)The Commission must ensure that notice of the approval for the transfer of a licence is published in the Government Gazette as soon as possible after the decision to approve the transfer is made.

40AMinisterial licence conditions

(1)Despite anything to the contrary in this Division but subject to sections 40B to 40F, the Minister, by Order published in the Government Gazette, may do any one or more of the following—

(a)specify, as the Minister thinks fit, a condition to which a particular licence, or a specified class of licence, is to be subject;

(b)vary, as the Minister thinks fit, a condition specified under paragraph (a);

(c)revoke, as the Minister thinks fit, a condition specified under paragraph (a), including a condition that has been varied under paragraph (b).

(2)In making an Order under subsection (1), the Minister—

(a)must have regard to—

(i)any significant costs and benefits for an affected licensee or any other person that the Minister considers are likely to arise out of the making of the Order; and

(ii)any written representations made to the Minister by an affected licensee in accordance with a notice given to the affected licensee under section 40D; and

(b)may have regard to any other matter that the Minister considers relevant.

40BContents of Ministerial licence conditions

(1)Without limiting section 40A(1), a Ministerial licence condition may include provisions in relation to any matter for which a licence condition may include provisions under section 29 (except section 29(a), (o) and (p)) (the applied provisions).

(2)For the purposes of subsection (1), a reference in the applied provisions to the Commission is to be read as a reference to the Commission or the Minister.

(3)In addition, a Ministerial licence condition may—

(a)be of general or limited application;

(b)differ according to differences in time, place and circumstances;

(c)apply, adopt or incorporate wholly or partially or as amended by the Ministerial licence condition, the provisions of any document, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether—

(i)as formulated, issued, prescribed or published at the time the Ministerial licence condition takes effect or at any time before the Ministerial licence condition takes effect; or

(ii)as amended from time to time;

(d)confer powers and functions on, and leave any matter to be decided by, the Commission.

40CConsultation with Ministers

Before making an Order under section 40A(1), the Minister must consult—

(a)the Premier; and

(b)the Treasurer; and

(c)the Minister administering the Essential Services Commission Act 2001, if the Minister is not the Premier or Treasurer.

40DConsultation with affected licensees in certain cases

(1)Before making an Order pursuant to section 40A(1)(a) or (b), the Minister must give an affected licensee notice of the Minister's intention to make the Order.

(2)For the purposes of subsection (1), a notice under that subsection must, as the case requires—

(a)set out the condition which is proposed to be specified under the Order as the condition to which the licence held by the affected licensee is to be subject; or

(b)set out the variation proposed under the Order to the Ministerial licence condition to which the licence held by the affected licensee is subject.

(3)In addition, a notice under subsection (1) must state that the affected licensee may make written representations on the matter within—

(a)the period specified in the notice (which must not be less than 14 days after the affected licensee is given notice in accordance with this section); or

(b)any other period that the Minister and the affected licensee agree on.

(4)For the purposes of this section, notice is to be given to an affected licensee as follows—

(a)by notice published in the Government Gazette or in writing to the affected licensee, if the Minister is proposing to make an Order under section 40A(1) that—

(i)specifies a condition to which a specified class of licence is to be subject and the affected licensee is a holder of a licence of that class; or

(ii)varies a Ministerial licence condition to which a specified class of licence is subject and the affected licensee is a holder of a licence of that class;

(b)in writing to the affected licensee, if the Minister is proposing to make an Order under section 40A(1) that—

(i)specifies a condition to which only the licence held by the affected licensee is to be subject; or

(ii)varies a Ministerial licence condition to which only the licence held by the affected licensee is subject.

40ENotification of the Commission

The Minister must give the Commission a copy of a notice under section 40D as soon as practicable after the notice is given to an affected licensee under that section.

40FNo consultation for proposed Order in certain cases

Sections 40C and 40D do not apply if the Order that the Minister proposes under section 40A(1) is an Order—

(a)to vary a Ministerial licence condition to correct a clerical mistake or an error arising from an accidental slip or omission; or

(b)to revoke a Ministerial licence condition.

40GMinister to notify Commission of making of Order under section 40A(1)

The Minister, as soon as practicable after making an Order under section 40A(1), must notify the Commission of the making of the Order.

40HLicences are taken to be subject to Ministerial licence conditions

(1)A licence is taken to be subject to an applicable Ministerial licence condition on—

(a)the day on which the Order under which the applicable Ministerial licence condition is specified (the applicable Order) is published in the Government Gazette; or

(b)if the applicable Order specifies a day after the day on which the applicable Order is published in the Government Gazette as the day on which the licence is to be subject to the condition—that day.

(2)A licence is taken to be subject to an applicable Ministerial licence condition as varied under an Order under section 40A(1) on—

(a)the day on which the Order under which the applicable Ministerial licence condition is varied (the applicable Order) is published in the Government Gazette; or

(b)if the applicable Order specifies a day after the day on which the Order is published in the Government Gazette as the day on which the applicable Ministerial licence condition is varied—that day.

40IInconsistency between Ministerial licence conditions and Commission licence conditions

A condition decided by the Commission under section 28 as a condition to which a licence is subject, or a provision of an instrument made by the Commission that applies to a licensee under a condition to which the licensee's licence is subject, is of no effect to the extent that the condition or instrument is inconsistent with a deemed Ministerial licence condition.

Division 3—Appointment of administrator

41Appointment of administrator

(1)This section applies if the Commission considers that—

(a)a contravention by a licensee of the licence conditions threatens the security of the gas supply; and

(b)any other remedies to enforce compliance are not adequate.

(2)The Commission may appoint an administrator to the business in respect of which the licence is issued.

(3)The administrator has such functions and powers in relation to the business in respect of which the licence is issued as are specified in the appointment of the administrator.

(4)Unless sooner revoked by the Commission, the appointment of an administrator has effect for a period of 28 days but the appointment may be renewed for a further period or periods, each period not exceeding 28 days.

(5)The terms and conditions (including remuneration) of appointment of the administrator are to be decided by the Commission.

41ACorporations Act displacement

This Division is declared to be a Corporations legislation displacement provision for the purposes of section 5G of the Corporations Act in relation to the provisions of Chapter 2D and Chapter 5 of that Act.

Note

Section 5G of the Corporations Act provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency.

Division 4—Terms and conditions of sale and supply of gas

42Offer to domestic or small business customers (licensee standing offers)

(1)Without limiting the generality of section 28, the conditions to which a licence to sell gas by retail, being a licence under which gas may be sold to domestic or small business customers, is subject, include a condition requiring the licensee to offer to supply and sell gas to domestic or small business customers, subject to this section and to any Order in force under section 21 or a price determination in force under such an Order and to the conditions of its licence—

(a)at tariffs fixed under an Order in force under section 21 or determined under a price determination in force under such an Order or, if there are no such tariffs, at tariffs determined by the licensee and published by the licensee in the Government Gazette at least one month before they take effect; and

(b)on terms and conditions determined by the licensee and approved by the Commission and published by the licensee in the Government Gazette at least one month before they take effect.

(2)The terms and conditions determined by the licensee for the purposes of subsection (1) must not be inconsistent with the terms and conditions decided by the Commission under section 43(1) or a provision of a Code of Practice.

(3)Subject to subsections (3A) and (3E) to (3G) and to any Order in force under section 21 or a price determination in force under such an Order, the tariffs determined by a licensee and published in the Government Gazette under subsection (1) may be varied by notice published by the licensee in the Government Gazette not less than one month before the variation is to take effect.

(3A)Subject to subsection (3AB), a licensee must not vary tariffs under subsection (3) to increase them if they have been in effect for less than—

(a)the period (not exceeding 12 months) determined by the Commission; or

(b)if no period is determined under paragraph (a)—6 months.

(3AB)Subsection (3A) does not apply if—

(a)the variation is necessary to comply with an Order in force under section 21 or a price determination in force under such an Order; or

(ab)the variation is necessary to comply with an Order in force under subsection (3AC); or

(b)the Commission, being satisfied that there are special circumstances, exempts the licensee from compliance with that subsection.

(3AC)The Minister, by Order published in the Government Gazette, may, as a consequence of the enactment of Division 2 of Part 7 of the National Gas (Victoria) Act 2008 and any variations made to an applicable

2018–2022 access arrangement under that Division—

(a)direct a licensee to vary tariffs under subsection (3) as specified under the Order; and

(b)specify the period within which the tariffs must be varied.

(3AD)Without limiting subsection (3AC)(a), a direction under an Order under subsection (3AC) may specify principles, a formula or methodology in accordance with which tariffs must be varied.

(3B)The Minister, by Order published in the Government Gazette, may specify either or both of the following—

(a)a date on which, or period within which, licensees may publish a notice referred to in subsection (3);

(b)a date on which, or period within which, tariffs varied in accordance with subsection (3) must take effect.

(3C)A date specified in an Order made in the exercise of the power under subsection (3B)(b) may be a date that is less than one month before tariffs varied in accordance with subsection (3) would otherwise take effect.

(3D)A period specified in an Order made in the exercise of the power under subsection (3B)(b) may end on a day that is less than one month before tariffs varied in accordance with subsection (3) would otherwise take effect.

(3E)If an Order made in the exercise of the power under subsection (3B)(a) is in effect, a licensee must not vary the tariffs under subsection (3) unless the notice referred to in subsection (3) is published on the date or within the period specified in the Order (as the case requires).

(3F)If an Order made in the exercise of the power under subsection (3B)(b) is in effect and the Order specifies a date on which tariffs varied in accordance with subsection (3) must take effect, the tariffs take effect on the date specified in the Order.

(3G)If an Order made in the exercise of the power under subsection (3B)(b) is in effect and the Order specifies a period within which tariffs varied in accordance with subsection (3) must take effect and the date specified in a notice under subsection (3) is within that period, the tariffs take effect on that date.

(4)The terms and conditions determined by a licensee and published in the Government Gazette under subsection (1) may, with the approval of the Commission, be varied by notice published by the licensee in the Government Gazette not less than one month before the variation is to take effect.

(b)the jurisdictional limit for a civil proceeding specified under section 100(1) of the Magistrates' Court Act 1989.

(5)Nothing in an order made under section 229B(2) or in this section affects the operation of Part 8 of the Confiscation Act 1997.

229DRecovery of amounts ordered to be paid

If a court orders a person to pay an amount under an order made under section 229B(2)—

(a)the amount is a debt due to the State; and

(b)the Commission may, on behalf of the State, recover the amount in any court of competent jurisdiction.

229EAdverse publicity orders

(1)If a court finds a person guilty of an offence against Division 4AA of Part 3 or section 229A(1) or (2), the court may make an adverse publicity order against the person.

(2)In making an adverse publicity order, the court may—

(a)specify the period within which the order must be complied with; and

(b)impose any other requirement that the court considers necessary or expedient to make the order effective.

(3)This section does not limit a court's powers under any other provision of this Act or any other Act.

(4)In this section—

adverse publicity order means an order that—

(a)requires a person to disclose, in the way and to the persons specified in the order, such information as is so specified, being information that the person has possession of or access to; or

(b)requires a person to publish, at the person's expense and in the way specified in the order, an advertisement in the terms specified in, or determined in accordance with, the order.

230Offences by bodies corporate

(1)If a body corporate commits an offence against this Act, any officer of the body corporate who was in any way, by act or omission, directly or indirectly knowingly concerned in or party to the commission of the offence is also guilty of that offence and liable to the penalty for it.

(2)A person may be proceeded against and convicted under a provision in accordance with subsection (1) whether or not the body corporate has been proceeded against or convicted under that provision.

(3)If in a proceeding for an offence against this section it is necessary to establish the intention of a body corporate, it is sufficient to show that a servant or agent of the body corporate had that intention.

(4)In subsection (1), officer, in relation to a body corporate, means—

(a)a director, secretary or executive officer of the body corporate; or

(b)any person in accordance with whose directions or instructions the directors of the body corporate are accustomed to act; or

(c)a person concerned in the management of the body corporate.

231Proceedings for offences

(1)A person authorised by Energy Safe Victoria either generally or in a particular case to bring proceedings for an offence against this Act or the regulations may bring those proceedings.

(2)If proceedings referred to in subsection (1) are brought by a person authorised to do so, the proceedings may be conducted by any other person authorised by Energy Safe Victoria to bring proceedings of that kind.

(3)All courts must take judicial notice of the fact that a person is authorised by Energy Safe Victoria to bring proceedings referred to in subsection (1) or conduct proceedings under subsection (2), as the case requires.

(4)In this section—

Energy Safe Victoria has the same meaning as it has in the Energy Safe Victoria Act 2005.

232Gas retailer not liable for failure to supply

(1)Despite anything to the contrary in this or any other Act or in any contract, a gas retailer is not liable to any penalty or damages for failing to supply gas if the failure arises out of any accident or cause beyond the control of the gas retailer.

(2)A gas retailer may enter into an agreement with a person varying or excluding the operation of subsection (1) and, to the extent of that agreement, that subsection does not apply.

(3)Nothing in subsection (1) or (2) affects the liability of a gas company under the Gas Safety Act 1997.

233Exemption from liability to transmit or convey gas

(1)Despite anything to the contrary in this or any other Act but subject to subsection (2) or in any contract—

*                *                *                *                *

(b)a gas distribution company is not liable to any penalty or damages for failing to convey gas through distribution pipelines if the failure arises out of any accident or cause beyond the control of the gas distribution company.

(2)A gas distribution company may enter into an agreement with a person varying or excluding the operation of subsection (1) and, to the extent of that agreement, that subsection does not apply.

(3)Nothing in subsection (1) or (2) affects the liability of a gas company under the Gas Safety Act 1997.

234Evidence of ownership

In any legal proceedings by a gas distribution company or gas retailer, in addition to any other method of proof available—

(a)evidence that the person proceeded against is shown in the books of the gas distribution company or gas retailer to be the owner or occupier of the premises in relation to which the proceedings are instituted; or

(b)a certificate by the chief executive officer of the municipal council within the municipal district of which premises are situated to the effect that a party to the proceedings is rated in respect of those premises—

is evidence and, in the absence of evidence to the contrary, proof, that the party is the owner or occupier (as the case may be) of the premises and the consumer of any gas supplied to the premises.

235Supreme Court—limitation of jurisdiction

It is the intention of section 213 of this Act to alter or vary section 85 of the Constitution Act 1975.

236Regulations

(1)The Governor in Council may make regulations for or with respect to—

(a)prescribing the method for calculating any charge for the supply of gas;

(b)the protection of any gas undertakings, works, gas fittings or property of a gas company and the prevention of any interference with them and generally providing for the safety of persons and property;

(c)prescribing provisions of this Act as civil penalty requirements for the purposes of the Essential Services Commission Act 2001;

(ca)prescribing amounts for the purposes of section 54E(b), (c), (d), (g) or (i) of the Essential Services Commission Act 2001;

(cb)prescribing amounts of notice penalties for the purposes of section 54U(b), (c), (d), (g) or (i) of the Essential Services Commission Act 2001;

(cc)prescribing any other matter that is required for the operation of civil penalty orders in Division 1 of Part 7 of the Essential Services Commission Act 2001;

(cd)prescribing any other matter that is required to be prescribed for the operation of the penalty notice regime in Division 2 of Part 7 of the Essential Services Commission Act 2001;

(d)prescribing penalties not exceeding 5 penalty units for breaches of the regulations;

(e)prescribing any matter or thing authorised or required to be prescribed or necessary or convenient to be prescribed for carrying this Act into effect.

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*                *                *                *                *

(4)Regulations made under this Act may be made—

(a)so as to be of general or limited application;

(ab)so as to differ according to time, place or circumstance;

(b)so as to require a matter affected by the regulations to be—

(i)in accordance with a specified standard or specified requirement; or

(ii)approved by or to the satisfaction of a prescribed person;

(c)so as to incorporate, adopt or apply, wholly or partially or as amended by the regulations, the provisions of any document, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether—

(i)as formulated, issued, prescribed or published at the time the regulation is made or at any time before the regulation is made; or

(ii)as amended from time to time;

(d)so as to confer a discretionary authority or impose a duty on a specified person or a specified class of person;

(e)so as to provide, in a specified case or class of cases for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to the extent specified.

(5)The regulations are subject to disallowance by a House of Parliament.

PART 11—ABOLITION OF VENCORP

237Definitions

In this Part—

current VENCorp transmission determination has the same meaning as in section 34 of the National Electricity (Victoria) Act 2005;

Dispute resolution panel has the same meaning as in the National Gas (Victoria) Law;

liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective;

property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;

rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective;

specified code or specified code provision means—

(a)a specified code or guideline (within the meaning of Division 3 of Part 6 of the National Gas (Victoria) Act 2008); or

(b)a specified VENCorp provision (within the meaning of Division 3 of Part 6 of the National Gas (Victoria) Act 2008); or

(c)a specified code or guideline (within the meaning of Division 3 of Part 5 of the National Electricity (Victoria) Act 2005); or

(d)a specified VENCorp provision (within the meaning of Division 3 of Part 5 of the National Electricity (Victoria) Act 2005);

transferred employee means an employee transferred to AEMO by force of this Part;

transition day means the day on which section 34 of the Energy Legislation Amendment (Australian Energy Market Operator) Act2009 comes into operation;

tribunal includes the Dispute resolution panel;

VENCorp means the Victorian Energy Networks Corporation continued under Part 8 as in force immediately before the transition day.

238Abolition of VENCorp

(1)On the transition day—

(a)VENCorp is abolished; and

(b)any person holding office as a director of VENCorp ceases to hold office.

(2)On the transition day—

(a)AEMO is the successor in law of VENCorp; and

(b)all rights, property and assets that were vested in VENCorp immediately before the transition day vest, by force of this section, in AEMO; and

(c)all debts, liabilities and obligations of VENCorp become, by force of this section, debts, liabilities and obligations of AEMO; and

(d)AEMO is, by force of this section, substituted as a party to any proceedings pending in any court or tribunal to which VENCorp was a party immediately before the transition day; and

(e)AEMO is, by force of this section, substituted as a party to any arrangement or contract entered into by or on behalf of VENCorp as a party and in force immediately before the transition day; and

(f)any reference to VENCorp in any Act or law or in any proclamation, Order in Council, rule, regulation, order, agreement, instrument, deed, will or other document other than a specified code or specified code provision or the current VENCorp transmission determination is, so far as it relates to any period after the transition day and if not inconsistent with the context or subject matter, construed as a reference to AEMO.

239Transferred employees

(1)A person who was an employee of VENCorp immediately before the transition day is to be regarded as—

(a)having been employed by AEMO with effect from the transition day; and

(b)having been employed by AEMO on the same terms and conditions as those that applied to the person, immediately before the transition day, as an employee of VENCorp; and

(c)having accrued an entitlement to benefits, in connection with that employment by AEMO, that is equivalent to the entitlement that the person had accrued, as an employee of VENCorp, immediately before the transition day.

(2)The service of a transferred employee as an employee of AEMO is to be regarded for all purposes as having been continuous with the service of the employee, immediately before the transition day, as an employee of VENCorp.

(3)A transferred employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an employee of VENCorp because of this Part.

(4)Nothing in this section prevents—

(a)any terms and conditions of employment of a transferred employee from being altered by or under any law, award or agreement with effect from any time after the transition day; or

(b)a transferred employee from resigning or being dismissed at any time after the transition day in accordance with the then existing terms and conditions of his or her employment by AEMO.

240Financial reporting obligations

(1)AEMO must comply with any accountability and reporting obligations under Part 7 of the Financial Management Act 1994 in relation to VENCorp's transferred assets and liabilities for the financial year ending 30 June 2009 as if—

(a)a reference in Part 7 of that Act to a public body were a reference to AEMO; and

(b)a reference in Part 7 of that Act to an accountable officer were a reference to the chief executive officer of AEMO.

(2)AEMO, in the report required under Part 7 of the Financial Management Act 1994 because of subsection (1), must include—

(a)a copy of each direction given to VENCorp during the financial year ending 30 June 2009 under section 163 or 171 (as in force immediately before their repeal by section 30 of the Energy Legislation Amendment (Australian Energy Market Operator) Act2009), together with a statement of VENCorp's response to each direction; and

(b)a copy of the statement of corporate intent last completed by VENCorp before the commencement of section 30 of the Energy Legislation Amendment (Australian Energy Market Operator) Act 2009.

(3)In this section—

VENCorp's transferred assets and liabilities means the assets and liabilities transferred to AEMO under this Part.

241Taxes

No duty or other tax is chargeable under any Act in respect of anything done under this Part or in respect of any act or transaction connected with or necessary to be done by reason of this Part, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities of VENCorp.

242Validity of things done under this Part

(1)Nothing effected by this Part or suffered under this Part—

(a)is to be taken as placing any person in breach of contract or confidence, or as otherwise exposing the person to civil liability; or

(b)is to be taken as placing any person in breach of, or as constituting a default under, any Act or other law or any provision in any agreement, arrangement or understanding including, but not limited to, any provision prohibiting or restricting the assignment or transfer of any property or right or the disclosure of any information; or

(c)is to be taken as fulfilling any condition which allows a person to exercise a power, right or remedy in respect of, or to terminate, any agreement or obligation; or

(d)is to be taken as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument because of a change in the beneficial or legal ownership of any property, right or liability; or

(e)is to be taken as causing any contract or instrument to be void or otherwise unenforceable; or

(f)is to be taken as frustrating any contract; or

(g)releases any surety or other obligor wholly or in part from any obligation.

(2)In this section Act does not include the Charter of Human Rights and Responsibilities Act 2006.

243Corporations Act displacement

To the extent that any provision of this Part is incapable of concurrent operation with a provision of the Corporations Act (a designated Commonwealth provision), the provision of this Part is declared to be a Corporations legislation displacement provision for the purposes of section 5G of that Act in relation to the designated Commonwealth provision.

Note

Section 5G of the Corporations Act provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency.

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PART 12—SAVINGS AND TRANSITIONAL PROVISIONS

244Savings and transitional provisions—Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021

(1)Despite the substitution of section 30 by section 59 of the amending Act, a determination made under section 30 before the commencement of section 59 continues to have effect until the earlier of—

(a)the day on which a new determination takes effect under section 30(5); or

(b)the first anniversary of the day on which section 59 of the amending Act comes into operation.

(2)In this section—

amending Act means the Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021.

SCHEDULE

Easements for use of gas company

The right of the gas company and its successors and transferees and its and their contractors, servants or agents—

(a)to enter at any time the land to which the easement applies, with or without vehicles or equipment;

(b)to use the land for the purposes of, or incidental to, the conveyance of gas, including the laying down or construction on the land of pipelines;

(c)to keep the land free from buildings or obstructions (including trees);

(d)to erect and maintain gates in any fences;

(e)to inspect, maintain, alter, renew or remove pipelines or works on the land—

free from any interference to the surface of the land to a depth greater than 0×3 metres without the prior written consent of the gas company.

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ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 3 May 2001

Legislative Council: 5 June 2001

The long title for the Bill for this Act was "to regulate the gas industry and for other purposes."

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 3 May 2001

Legislative Council: 5 June 2001

Absolute majorities:

Legislative Assembly: 31 May 2001

Legislative Council: 7 June 2001

The Gas Industry Act 2001 was assented to on 19 June 2001 and came into operation as follows:

Sections 1, 2 on 19 June 2001: section 2(1); rest of Act (except section 69) on 1 September 2001: section 2(2); section 69 on 1 July 2002: section 2(4).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Gas Industry Act 2001 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Gas Industry Act 2001, No. 31/2001

Assent Date:	19.6.01
Commencement Date:	S. 35(4) on 1.9.01: s. 2(2); s. 68(6) inserted on 26.5.04 by No. 25/2004 s. 16; s. 244(3) inserted on 1.7.09 by No. 23/2009 s. 34
Note:	S. 35(4) provided that s. 35 expired on 31.8.04; s. 68(6) provided that s. 68 ceased to have effect on 31.12.08; s. 244(3) provided that s. 244 expired on 1.7.10
Current State:	All of Act in operation

Corporations (Consequential Amendments) Act 2001, No. 44/2001

Assent Date:	27.6.01
Commencement Date:	S. 3(Sch. item 57) on 15.7.01: s. 2
CurrentState:	This information relates only to the provision/s amending the Gas Industry Act 2001

Essential Services Commission Act 2001, No. 62/2001

Assent Date:	23.10.01
Commencement Date:	Ss 77–80 on 1.1.02: s. 2
CurrentState:	This information relates only to the provision/s amending the Gas Industry Act 2001

Energy Legislation (Miscellaneous Amendments) Act 2001, No. 85/2001

Assent Date:	11.12.01
Commencement Date:	Ss 11, 13–15, 17 on 12.12.01 s. 2(1); s. 16 on 1.1.02: s. 2(2); ss 10, 12 on 2.7.02: Government Gazette 13.6.02 p. 1306
CurrentState:	This information relates only to the provision/s amending the Gas Industry Act 2001

Corporations (Financial Services Reform Amendments) Act 2002, No. 9/2002

Assent Date:	23.4.02
Commencement Date:	S. 3(Sch. item 7) on 23.4.02: s. 2
CurrentState:	This information relates only to the provision/s amending the Gas Industry Act 2001

Statute Law (Further Revision) Act 2002, No. 11/2002

Assent Date:	23.4.02
Commencement Date:	S. 3(Sch. 1 item 28) on 24.4.02: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Gas Industry Act 2001

Energy Legislation (Further Miscellaneous Amendments) Act 2002, No. 24/2002

Assent Date:	12.6.02
Commencement Date:	S. 22 on 13.6.02: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Gas Industry Act 2001

Fair Trading (Amendment) Act 2003, No. 30/2003

Assent Date:	27.5.03
Commencement Date:	S. 87 on 28.5.03: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Gas Industry Act 2001

Energy Legislation (Consumer Protection and Other Amendments) Act 2003, No. 40/2003

Assent Date:	11.6.03
Commencement Date:	Ss 3–11 on 12.6.03: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Gas Industry Act 2001

Fair Trading (Further Amendment) Act 2003, No. 106/2003

Assent Date:	9.12.03
Commencement Date:	S. 26 on 30.8.04: Government Gazette 13.5.04 p. 1218
CurrentState:	This information relates only to provision/s amending the Gas Industry Act 2001

Monetary Units Act 2004, No. 10/2004

Assent Date:	11.5.04
Commencement Date:	S. 15(Sch. 1 item 13) on 1.7.04: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Gas Industry Act 2001

Road Management Act 2004, No. 12/2004

Assent Date:	11.5.04
Commencement Date:	S. 172 on 1.1.05: s. 2(4)
CurrentState:	This information relates only to the provision/s amending the Gas Industry Act 2001

Energy Legislation (Regulatory Reform) Act 2004, No. 25/2004

Assent Date:	25.5.04
Commencement Date:	Ss 13–19 on 26.5.04: s. 2(1); ss 10–12 on 30.6.05: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Gas Industry Act 2001

Essential Services Commission (Amendment) Act 2004, No. 75/2004

Assent Date:	9.11.04
Commencement Date:	Ss 33–57 on 10.11.04: s. 2
CurrentState:	This information relates only to the provision/s amending the Gas Industry Act 2001

State Concessions Act 2004, No. 82/2004

Assent Date:	16.11.04
Commencement Date:	S. 13(Sch. item 4) on 1.3.05: s. 2(2)
CurrentState:	This information relates only to provision/s amending the Gas Industry Act 2001

Energy Legislation (Amendment) Act 2004, No. 91/2004

Assent Date:	7.12.04
Commencement Date:	Ss 14–19, 21–25 on 8.12.04: s. 2(1); s. 20 on 1.3.05: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Gas Industry Act 2001

Public Administration Act 2004, No. 108/2004

Assent Date:	21.12.04
Commencement Date:	S. 117(1)(Sch. 3 item 87) on 5.4.05: Government Gazette 31.3.05 p. 602
CurrentState:	This information relates only to the provision/s amending the Gas Industry Act 2001

Energy Legislation (Miscellaneous Amendments) Act 2005, No. 33/2005

Assent Date:	21.6.05
Commencement Date:	S. 5 on 22.6.05: s. 2
CurrentState:	This information relates only to the provision/s amending the Gas Industry Act 2001

Energy Safe Victoria Act 2005, No. 39/2005

Assent Date:	27.7.05
Commencement Date:	S. 56 on 10.8.05: Special Gazette (No. 147) 9.8.05 p. 1
CurrentState:	This information relates only to the provision/s amending the Gas Industry Act 2001

Pipelines Act 2005, No. 61/2005

Assent Date:	20.9.05
Commencement Date:	S. 217 on 1.4.07: Government Gazette 29.3.07 p. 532
CurrentState:	This information relates only to the provision/s amending the Gas Industry Act 2001

Rail Safety Act 2006, No. 9/2006

Assent Date:	4.4.06
Commencement Date:	S. 158 on 1.8.06: Special Gazette (No. 181) 25.7.06 p. 1
CurrentState:	This information relates only to the provision/s amending the Gas Industry Act 2001

Statute Law (Further Revision) Act 2006, No. 29/2006

Assent Date:	6.6.06
Commencement Date:	S. 3(Sch. 1 item 13) on 7.6.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Gas Industry Act 2001

Energy Legislation (Miscellaneous Amendments) Act 2006, No. 31/2006

Assent Date:	13.6.06
Commencement Date:	S. 5 on 14.6.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Gas Industry Act 2001

Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006

Assent Date:	13.6.06
Commencement Date:	S. 94(Sch. item 23) on 1.7.06: Government Gazette 29.6.06 p. 1315
CurrentState:	This information relates only to the provision/s amending the Gas Industry Act 2001

Energy Legislation (Hardship, Metering and Other Matters) Act 2006, No. 60/2006

Assent Date:	29.8.06
Commencement Date:	S. 5 on 30.8.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Gas Industry Act 2001

Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006

Assent Date:	10.10.06
Commencement Date:	S. 26(Sch. item 45) on 11.10.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Gas Industry Act 2001

Energy Legislation Amendment Act 2007, No. 35/2007

Assent Date:	14.8.07
Commencement Date:	Ss 7, 8 on 15.8.07: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Gas Industry Act 2001

Energy Legislation Further Amendment Act 2007, No. 55/2007

Assent Date:	7.11.07
Commencement Date:	Ss 14–22, 24, 25(2)(3), 27‑32 on 8.11.07: s. 2(1); s. 26 on 25.4.08: Government Gazette 24.4.08 p. 777; ss 23, 25(1), 33 on 25.7.08: Government Gazette 24.7.08 p. 1744
CurrentState:	This information relates only to the provision/s amending the Gas Industry Act 2001

National Gas (Victoria) Act 2008, No. 30/2008

Assent Date:	17.6.08
Commencement Date:	S. 41 on 1.7.08: Special Gazette (No. 184) 1.7.08 p. 1
CurrentState:	This information relates only to the provision/s amending the Gas Industry Act 2001

Energy Legislation Amendment (Retail Competition and Other Matters) Act 2008, No. 59/2008 (as amended by No. 82/2008)

Assent Date:	22.10.08
Commencement Date:	Ss 29, 30(2) on 23.10.08: s. 2(1); ss 19–28 on 30.12.08: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Gas Industry Act 2001

Energy Legislation Amendment (Australian Energy Market Operator) Act 2009, No. 23/2009

Assent Date:	17.6.09
Commencement Date:	Ss 21–34 on 1.7.09: Special Gazette (No. 222) 30.6.09 p. 1
CurrentState:	This information relates only to the provision/s amending the Gas Industry Act 2001

Energy and Resources Legislation Amendment Act 2009, No. 57/2009

Assent Date:	21.10.09
Commencement Date:	Ss 17, 18 on 13.12.09: Government Gazette 10.12.09 p. 3215
CurrentState:	This information relates only to the provision/s amending the Gas Industry Act 2001

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date:	24.11.09
Commencement Date:	S. 97(Sch. item 63) on 1.1.10: Government Gazette 10.12.09 p. 3215
CurrentState:	This information relates only to the provision/s amending the Gas Industry Act 2001

Offshore Petroleum and Greenhouse Gas Storage Act 2010, No. 10/2010

Assent Date:	23.3.10
Commencement Date:	S. 800(Sch. 6 item 4) on 1.1.12: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Gas Industry Act 2001

Energy and Resources Legislation Amendment Act 2010, No. 55/2010

Assent Date:	14.9.10
Commencement Date:	S. 87 on 14.10.10: Government Gazette 14.10.10 p. 2404
CurrentState:	This information relates only to the provision/s amending the Gas Industry Act 2001

Fair Trading Amendment (Australian Consumer Law) Act 2010, No. 72/2010

Assent Date:	19.10.10
Commencement Date:	S. 48(Sch. item 12) on 1.1.11: Special Gazette (No. 502) 20.12.10 p. 1
Current State:	This information relates only to the provision/s amending the Gas Industry Act 2001

Personal Property Securities (Statute Law Revision and Implementation) Act 2010, No. 74/2010

Assent Date:	19.10.10
Commencement Date:	S. 26 on 30.1.12: Special Gazette (No. 423) 21.12.11 p. 3
CurrentState:	This information relates only to the provision/s amending the Gas Industry Act 2001

Commercial Arbitration Act 2011, No. 50/2011

Assent Date:	18.10.11
Commencement Date:	S. 46(Sch. item 8) on 17.11.11: Special Gazette (No. 369) 15.11.11 p. 1
CurrentState:	This information relates only to the provision/s amending the Gas Industry Act 2001

Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011, No. 59/2011

Assent Date:	8.11.11
Commencement Date:	Ss 41, 42 on 1.1.12: Special Gazette (No. 407) 13.12.11 p. 1
CurrentState:	This information relates only to the provision/s amending the Gas Industry Act 2001

Australian Consumer Law and Fair Trading Act 2012, No. 21/2012

Assent Date:	8.5.12
Commencement Date:	S. 239(Sch. 6 item 20) on 1.7.12: Special Gazette (No. 214) 28.6.12 p. 1
CurrentState:	This information relates only to the provision/s amending the Gas Industry Act 2001

Energy Legislation Amendment Act 2012, No. 51/2012

Assent Date:	18.9.12
Commencement Date:	Ss 6–8 on 27.9.12: Special Gazette (No. 324) 26.9.12 p. 1
CurrentState:	This information relates only to the provision/s amending the Gas Industry Act 2001

Energy Legislation Amendment (Flexible Pricing and Other Matters) Act 2013, No. 11/2013

Assent Date:	13.3.13
Commencement Date:	S. 10 on 18.4.13: Special Gazette (No. 141) 16.4.13 p. 2
Current State:	This information relates only to the provision/s amending the Gas Industry Act 2001

Rail Safety National Law Application Act 2013, No. 22/2013

Assent Date:	23.4.13
Commencement Date:	Ss 57, 58 on 19.5.14: Special Gazette (No. 148) 13.5.14 p. 2
Current State:	This information relates only to the provision/s amending the Gas Industry Act 2001

Energy Legislation Amendment (General) Act 2014, No. 3/2014

Assent Date:	11.2.14
Commencement Date:	Ss 15–22 on 1.4.14: Special Gazette (No. 94) 25.3.14 p. 1
Current State:	This information relates only to the provision/s amending the Gas Industry Act 2001

Energy Legislation Amendment (Customer Metering Protections and Other Matters) Act 2014, No. 46/2014

Assent Date:	1.7.14
Commencement Date:	Ss 11, 12 on 30.7.14: Special Gazette (No. 254) 29.7.14 p. 1
Current State:	This information relates only to the provision/s amending the Gas Industry Act 2001

Energy Legislation Amendment (Publication of Retail Offers) Act 2015, No. 28/2015

Assent Date:	11.8.15
Commencement Date:	Ss 5–7 on 1.10.15: Special Gazette (No. 285) 29.9.15 p. 1
Current State:	This information relates only to the provision/s amending the Gas Industry Act 2001

Energy Legislation Amendment (Consumer Protection) Act 2015, No. 49/2015

Assent Date:	13.10.15
Commencement Date:	Ss 18–27 on 1.1.16: Special Gazette (No. 403) 15.12.15 p. 1
Current State:	This information relates only to the provision/s amending the Gas Industry Act 2001

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:	27.2.18
Commencement Date:	S. 68(Sch. 2 item 60) on 1.3.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Gas Industry Act 2001

Energy Legislation Amendment (Victorian Default Offer) Act 2019, No. 6/2019

Assent Date:	26.3.19
Commencement Date:	Ss 9–13 on 27.3.19: s. 2
CurrentState:	This information relates only to the provision/s amending the Gas Industry Act 2001

Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019, No. 41/2019

Assent Date:	6.11.19
Commencement Date:	S. 117(Sch. 1 item 6) on 2.12.19: Special Gazette (No. 480) 26.11.19 p. 1
Current State:	This information relates only to the provision/s amending the Gas Industry Act 2001

Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2020, No. 4/2020

Assent Date:	25.2.20
Commencement Date:	S. 55 on 1.1.21: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Gas Industry Act 2001

National Energy Legislation Amendment Act 2020, No. 28/2020

Assent Date:	20.10.20
Commencement Date:	S. 8 on 1.6.21: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Gas Industry Act 2001

Energy Legislation Amendment (Licence Conditions) Act 2020, No. 37/2020

Assent Date:	1.12.20
Commencement Date:	Ss 12–19 on 2.12.20: s. 2
CurrentState:	This information relates only to the provision/s amending the Gas Industry Act 2001

Energy Legislation Amendment (Energy Fairness) Act 2021, No. 28/2021 (as amended by No. 41/2021)

Assent Date:	10.8.21
Commencement Date:	Ss 27–29 on 25.10.21: Special Gazette (No. 579) 19.10.21 p. 1; ss 17−19 on 31.12.21: Special Gazette (No. 717) 14.12.21 p. 1; ss 20–26 on 1.3.22: Special Gazette (No. 87) 22.2.22 p. 1
Current State:	This information relates only to the provision/s amending the Gas Industry Act 2001

Energy Legislation Amendment Act 2021, No. 33/2021 (as amended by No. 41/2021)

Assent Date:	14.9.21
Commencement Date:	Ss 13–15 on 1.6.22: s. 2(3)
Current State:	This information relates only to the provision/s amending the Gas Industry Act 2001

Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021, No. 41/2021

Assent Date:	19.10.21
Commencement Date:	Ss 55–72 on 1.12.21: Special Gazette (No. 673) 30.11.21 p. 1
CurrentState:	This information relates only to the provision/s amending the Gas Industry Act 2001

Regulatory Legislation Amendment (Reform) Act 2022, No. 13/2022

Assent Date:	29.3.22
Commencement Date:	S. 68 on 30.3.22: s. 2(3)
Current State:	This information relates only to the provision/s amending the Gas Industry Act 2001

Statute Law Revision Act 2024, No. 13/2024

Assent Date:	23.4.24
Commencement Date:	S. 3(Sch. 1 item 6) on 24.4.24: s. 2
CurrentState:	This information relates only to the provision/s amending the Gas Industry Act 2001

National Energy Retail Law (Victoria) Act 2024, No. 18/2024

Assent Date:	21.5.24
Commencement Date:	Ss 27–35, 39, 40 on 30.7.24: Special Gazette (No. 413) 30.7.24 p. 1
CurrentState:	This information relates only to the provision/s amending the Gas Industry Act 2001

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details

[1] S. 20(8): The amendment proposed by section 11(2) of the Energy Legislation (Regulatory Reform) Act 2004, No. 25/2004 (repealed) is not included in this publication as section 20(8) was substituted by section 33 of the Essential Services Commission (Amendment) Act 2004, No. 75/2004 (repealed).

Section 11(2) read as follows:

11References to Tariff Order

(2)In sections 20(1), 20(5) and 20(8) of the Gas Industry Act 2001 for "A Tariff Order" substitute "The Wimmera and Colac Tariff Order".

[2] S. 91(1) (repealed): The amendment proposed by section 15(Sch. 1 item 13.1) (repealed) of the Monetary Units Act 2004, No. 10/2004 is not included in this publication because section 91 was repealed by section 17 of the Energy Legislation (Regulatory Reform) Act 2004, No. 25/2004 (repealed) with effect from 26 May 2004.

Section 15(Sch. 1 item 13.1) read as follows:

Schedule 1—Conversion of Penalties and Fees in Acts

13Gas Industry Act 2001

13.1In section 91(1), for "$10 000 000" substitute "an amount that is 100 000 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the Monetary Units Act 2004".