Gas Industry Acts (Amendment) Act 1998 (Vic)
Gas Industry Acts (Amendment) Act 1998
Act No. 91/1998
TABLE OF PROVISIONS
Section Page PART 1—PRELIMINARY 1
1. Purpose 1 2. Commencement 2
PART 2—GAS INDUSTRY ACT 1994 3
3. Principal Act 3 4. Definition 3 5. Market participant 3 6. Substantial degree of power 3 7. Application of Office of the Regulator-General Act 1994 3 8. New section 16HA inserted 4 16HA. Power of Minister 4 9. Section 16I substituted 4
16I. Protection from liability 4
10. Section 16J substituted 5
16J. Protection of persons executing directions 5
11. Anti-competitive conduct 6 12. Amendment of section 47 6 13. Tariffs and charges Orders 7 14. Customers 7 15. New Part 4A, Division 4, inserted 8 Division 4—General 8 48TA. Information to be provided to VENCorp 8
48TB. Restriction on disclosure of confidential information 9
16. Access Code 10 17. Directions 10 18. New retailers 11 19. New section 62PA inserted 11 62PA. Authorisation 11 20. Application of Act to WUGS Pty Ltd 12 21. Supreme Court—limitation of jurisdiction 13 22. New sections 149A, 149B and 149C inserted 14
i
Section Page
149A. Power of Minister 14
149B. Protection from liability 14 149C. Protection of persons executing directions 15
23. Delegation 15
PART 3—GAS PIPELINES ACCESS (VICTORIA) ACT 1998 16
24. New section inserted 16
24A. Access arrangements 16
25. New section 24B inserted 17
24B. Access Code 17
PART 4—GAS SAFETY ACT 1997 19
26. Definitions 19 27. Complex and standard gas installations 20 28. Acceptance of gas installation 20 29. New section 79A inserted 21
79A. Interference with gas installation or pipeline 21
30. New section 107A inserted 21 107A. Power of Minister 21
107B. Delegation by Director 22
31. New sections 109 and 109A inserted 22
109. Protection from liability 22 109A. Protection of persons executing directions 22
32. New section 117A inserted 23
117A. Supreme Court—limitation of jurisdiction 23
33. Regulations 23 34. Transitional provision—Director of Gas Safety 23 35. Building Act 1993 24
PART 5—OTHER ACTS 25
36. Office of the Regulator-General Act 1994 25 37. State Electricity Commission Act 1958 25
═══════════════
NOTES 26
ii
Victoria
No. 91 of 1998
Gas Industry Acts (Amendment) Act
1998†
[Assented to 24 November 1998]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purpose
The main purposes of this Act are—
(a)
to make further amendments to the Gas Industry Act 1994;
(b)
to amend the Gas Pipelines Access (Victoria) Act 1998 to make transitional provisions in respect of access arrangements
Gas Industry Acts (Amendment) Act 1998
Act No. 91/1998 s. 2 under the Gas Industry Act 1994 and access arrangements under the National Third Party Access Code for Natural Gas Pipelines
systems;
(c)
to amend the Gas Safety Act 1997 to improve the operation of that Act.
2. Commencement
(1) This Part and sections 8, 17(1), (2) and (4) and 34 come into operation on the day on which this Act receives the Royal Assent.
(2) Sections 9, 10 and 17(3) are deemed to have come into operation on 10 June 1998.
(3) Sections 22 and 23 are deemed to have come into operation on 25 September 1998.
(4) Section 21 is deemed to have come into operation on 22 October 1998.
(5) Section 13(2) comes into operation on a day to be
proclaimed.
(6) The remaining provisions of Part 2, Part 3,
sections 26(1), 28(2) and (3), 29, 30 and 33 and Part 5 come into operation on 1 December 1998.
(7) Subject to sub-section (8), the remaining
provisions of Part 4 come into operation on a day
to be proclaimed.(8) If a provision referred to in sub-section (7) does
not come into operation before 1 December 1999,
it comes into operation on that day.
_______________
Gas Industry Acts (Amendment) Act 1998
| s. 3 | Act No. 91/1998 |
PART 2—GAS INDUSTRY ACT 1994
3. Principal Act
| No. 112/1994. | In this Part, the Gas Industry Act 1994 is called |
| Reprinted as | |
| at 22 August | the Principal Act. |
| 1997 and subsequently amended by Nos 55/1997, 91/1997, 99/1997, 31/1998, 40/1998 and 46/1998. |
4. Definition
In section 3 of the Principal Act, in the definition of "MSO Rules", after "48N" insert "and, if those Rules are amended, those Rules as amended and
in force for the time being".
5. Market participant
In section 5B of the Principal Act, for "Part 4A" substitute "this Act".
6. Substantial degree of power
In section 5C(1)(c) of the Principal Act, for "is engaged in" substitute "has more than a 20% interest in".
7. Application of Office of the Regulator-General Act 1994
In section 8A(a) of the Principal Act, for "Parts
4A" substitute "this section and Parts 4A".
Gas Industry Acts (Amendment) Act 1998
Act No. 91/1998 s. 8
8. New section 16HA inserted
After section 16H of the Principal Act insert—
'16HA. Power of Minister
(1) The Minister, at the request of VENCorp,
may, at any time, make a direction in writing
amending a direction made, or purportedly
made, by VENCorp under this Division (in
this section called "the VENCorp direction")
for the purpose of correcting a defect,
mistake or omission in the VENCorp
direction.(2) If a direction of the Minister under sub-
section (1) amending a VENCorp
direction—
(a)
includes a statement that the VENCorp direction is deemed to have been made as so amended; and
(b) is made—
(i) not later than 3 months after the VENCorp direction was made; or
(ii) in the case of a VENCorp direction made on or after 11 June 1998 and before 30 September 1998, not later than 31 December 1998—
the VENCorp direction is deemed to have
been made as so amended.'.
9. Section 16I substituted
For section 16I of the Principal Act substitute—
"16I. Protection from liability
(1) A person to whom this section applies is not
liable to any action, claim or demand on
account of any damage, loss or injury
Gas Industry Acts (Amendment) Act 1998
| s. 10 | Act No. 91/1998 |
sustained or alleged to be sustained because
of anything done or omitted to be done ingood faith—
(a) in or in connection with or incidental to the exercise of a power to give or make a direction, prohibition or requisition under, or purportedly under, this Act;
or(b) in the reasonable belief that the act or omission was in or in connection with or incidental to the exercise of such a power. (2) This section applies to VENCorp and the directors and servants of VENCorp.".
10. Section 16J substituted
For section 16J of the Principal Act substitute—
"16J. Protection of persons executing directions
(1) A person is not liable to any action, claim or
demand on account of any damage, loss or injury sustained or alleged to be sustained because of anything done, or omitted to be done in good faith—
(a) in the execution of any direction under, or purportedly under, this Division; or (b) in the reasonable belief that the act or omission was in the execution of such a direction. (2) A person to whom this sub-section applies is not liable to any action, claim or demand on account of any damage, loss or injury
sustained or alleged to be sustained because
of anything done, or omitted to be done, in
good faith—
Gas Industry Acts (Amendment) Act 1998
Act No. 91/1998 s. 11
(a) in the execution of any direction or purported direction (whether or not under this Division) given by VENCorp to that person or an agent of that person
(whether or not by name) on or after
11 June 1998 and before the date on
which the Gas Industry Acts
(Amendment) Act 1998 receives the
Royal Assent; or(b) in the reasonable belief that the act or omission was in the execution of such a direction. (3) Sub-section (2) applies to GASCOR, the Administrator of GASCOR, gas retailers, directors of gas retailers and servants or
agents of, or persons acting on behalf of, or
performing work or services, whether
directly or indirectly, for, GASCOR or a gasretailer.".
11. Anti-competitive conduct
At the end of section 40 of the Principal Act
insert—"(2) Sub-section (1) does not prevent a significant
producer from engaging in conduct (within that does not constitute a contravention of section 45, 45B or 47 of that Act by reason that an authorisation under that Act is in force.".
the meaning of section 4(2) of the Trade
12. Amendment of section 47
In section 47 of the Principal Act—
(a) sub-sections (1) and (2) are repealed;
Gas Industry Acts (Amendment) Act 1998
| s. 13 | Act No. 91/1998 |
(b)
for "(3) The functions are—" substitute "Without limiting any other functions of VENCorp, the functions of VENCorp in relation to the gas industry are—".
13. Tariffs and charges Orders
(1) After section 48A(6) of the Principal Act insert— "(7) The first Order made under this section has
effect from 11 December 1997.".
(2) After section 48A(7) of the Principal Act insert—
"(8) After the commencement of section 13(2) of
the Gas Industry Acts (Amendment) Act
1998—
(a)
an Order cannot be made under sub- section (1); and
(b)
an Order in force under that sub-section cannot be amended or revoked by another Order made under that sub- section.
(9) Despite sub-section (8), an Order made
under sub-section (1) may be amended by one, and only one, Order made under that sub-section on the recommendation of the Treasurer and expressed to be so made as a
consequence of a gas supply emergency.".
14. Customers
(1) In section 48M(1) of the Principal Act, after "sells" insert "(whether as principal or agent)".
(2) In section 48M(1) and (3) of the Principal Act, for "non-franchise customers" substitute "customers to whom another gas retailer may, under its
licence, sell gas".
Gas Industry Acts (Amendment) Act 1998
Act No. 91/1998 s. 15 (3) In section 48M(4) of the Principal Act, for "non-
franchise customer" substitute "a customer to
whom another gas retailer may, under its licence,
sell gas".
15. New Part 4A, Division 4, inserted
After section 48T of the Principal Act insert—
"Division 4—General
48TA. Information to be provided to VENCorp
(1) The Governor in Council, by Order
published in the Government Gazette, may
declare that a person who—
(a)
operates a pipeline that is connected to a gas transmission system; or
(b) operates an underground storage
facility; or(c) is a gas producer—
must give VENCorp such information, or
information of such class of information, as
is specified in the Order.(2) Sub-section (1) does not apply to a person to
the extent that the person and VENCorp
otherwise agree in writing.
(3) A copy of an Order made under sub-section
(1) must be laid before each House of the made. (4) An Order made under sub-section (3) is
subject to disallowance by a House of the
Parliament and sections 23, 24 and 25 of the
Subordinate Legislation Act 1994 apply to
such an Order as if the Order were a
statutory rule within the meaning of that Act,
Gas Industry Acts (Amendment) Act 1998
| s. 15 | Act No. 91/1998 |
notice of the making of which had been
published in the Government Gazette on theday on which the Order was so published.
(5) If an Order made under sub-section (1) is
disallowed by a House of the Parliament, the necessary to give effect to the disallowance.
48TB. Restriction on disclosure of confidential
information
(1) This section applies if information or a document is given to VENCorp under section 48TA and, at the time it is given, the
person giving it states that it is of a
confidential or commercially-sensitive
nature.(2) VENCorp must not, without the consent of
the person who gave it, disclose the
information or the contents of the document
to any person.
(3) Sub-section (2) does not prevent VENCorp from disclosing information or the contents of a document to a member of the staff of
VENCorp or to a person engaged by out of its functions.
(4) A member of the staff of VENCorp or a
person engaged by VENCorp in connection
with the carrying out of its functions must
not disclose information or the contents of a
document disclosed to the member or person
by VENCorp to any person (not being
another such member or person) without the
consent of the person who gave the
information or document to VENCorp.".
Gas Industry Acts (Amendment) Act 1998
Act No. 91/1998 s. 16
16. Access Code
(1) In section 48U(7)(a) of the Principal Act, for sub-
paragraph (ii) substitute—
"(ii) generally or in specified places only;".
(2) In section 48ZK(1) of the Principal Act, after
"under this Part" insert "or the Access Code".
17. Directions
(1) In section 62G(3) of the Principal Act, for
paragraph (d) substitute—
"(d) subject to sub-section (5A), takes effect
when made or, if a later time is specified in
the direction, prohibition or requisition, at
that later time; and".(2) In section 62G(4) of the Principal Act, after
"direction" insert "(including a direction under
sub-section (5))".
(3) In section 62G of the Principal Act, for sub-
section (5) substitute—
"(5) The Minister may at any time by direction
under this section amend or revoke a
direction, prohibition or requisition made, orpurportedly made, under this section.".
(4) After section 62G(5) of the Principal Act insert—
"(5A) If a direction of the Minister under sub-
section (5) amending an earlier direction for
the purpose of correcting a defect, mistake or
omission—
(a)
includes a statement that the earlier direction is deemed to have been made as so amended; and
Gas Industry Acts (Amendment) Act 1998
| s. 18 | Act No. 91/1998 |
(b) is made—
(i) not later than 3 months after the earlier direction was made; or
(ii) in the case of a direction made on or after 11 June 1998 and before 30 September 1998, not later than 31 December 1998—
the earlier direction is deemed to have been
made as so amended.".
18. New retailers
In section 62M of the Principal Act, in the
definition of "new retailer", for paragraph (c)
substitute—"(c) Energy 21 Pty Ltd A.C.N. 079 089 213;
(d)
Gas Release Co Pty Ltd A.C.N. 079 089 286;".
19. New section 62PA inserted
After section 62P of the Principal Act insert—
'62PA. Authorisation
(1) For the purposes of Part IV of the Trade
Practices Act and of the Competition Code, the following are specifically authorised—
(a) the making of rules under section 48N;
(b)
the amendment of the MSO Rules, whether under those Rules, section 48N or otherwise;
(c)
any thing done, or conduct engaged in, by VENCorp under or pursuant to, or by way of enforcement of, the MSO Rules;
Gas Industry Acts (Amendment) Act 1998
Act No. 91/1998 s. 20
(d) any thing done, or conduct engaged in by a participant or market participant under or pursuant to the MSO Rules; (e) agreement, arrangement or
understanding made under or pursuant
to the MSO Rules and made between
VENCorp and a participant or market
participant, between participants,the making of, or giving effect to, an participants and market participants.
(2) This section does not apply to anything done,
or conduct engaged in, on or after 1 January
2003.
(3) In this section—
(a) "market participant" and
"participant" have the same meanings
as they have in the MSO Rules;(b)
a reference to engaging in conduct has the same meaning as in section 4(2)(a) of the Trade Practices Act.'.
20. Application of Act to WUGS Pty Ltd
(1) After section 88A(2) of the Principal Act insert— '(3) In this section, "public gas company"
includes Western Underground Gas Storage
Pty Ltd A.C.N. 079 089 311.'.
(2) After section 100(3) of the Principal Act insert— '(4) In this section, "public gas company"
includes Western Underground Gas Storage
Pty Ltd A.C.N. 079 089 311.'.
Gas Industry Acts (Amendment) Act 1998
| s. 21 | Act No. 91/1998 |
(3) At the end of section 101A of the Principal Act
insert—
'(2) In this section, "public gas company"
includes Western Underground Gas Storage
Pty Ltd A.C.N. 079 089 311.'.
(4) In section 104B(6) of the Principal Act, in the
definition of "transferee", after "Part 7" insert "or
Western Underground Gas Storage Pty Ltd
A.C.N. 079 089 311.".
(5) In section 115A(1) of the Principal Act insert— ' "public gas company" includes Western
Underground Gas Storage Pty Ltd A.C.N.
079 089 311;'.
(6) At the end of section 115R of the Principal Act
insert—
'(2) In this section, "public gas company"
includes Western Underground Gas Storage
Pty Ltd A.C.N. 079 089 311.'.
(7) At the end of section 115S of the Principal Act
insert—
'(2) In this section, "public gas company"
includes Western Underground Gas Storage
Pty Ltd A.C.N. 079 089 311.'.
21. Supreme Court—limitation of jurisdiction
(1) At the end of section 101B of the Principal Act
insert—
"(2) It is the intention of sections 16I, 16J, 62L,
149B and 149C to alter or vary section 85 of
the Constitution Act 1975.".
(2) It is the intention of sub-section (1) to alter or vary
section 85 of the Constitution Act 1975.
Gas Industry Acts (Amendment) Act 1998
Act No. 91/1998 s. 22
22. New sections 149A, 149B and 149C inserted
After section 149 of the Principal Act insert—
"149A. Power of Minister
(1) The Minister, at the request of the Director
of Gas Safety, may, at any time, make a
direction in writing amending a direction
made, or purportedly made, by the Director
under section 149 for the purpose of
correcting a defect, mistake or omission in
such a direction.
(2) If a direction of the Minister under sub- section (1) amending a direction of the Director of Gas Safety—
(a)
includes a statement that the direction of the Director is deemed to have been made as so amended; and
(b)
is made not later than 3 months after the direction of the Director of Gas Safety was made—
the direction of the Director of Gas Safety is
deemed to have been made as so amended.
149B. Protection from liability
(1) A person to whom this section applies is not
liable to any action, claim or demand on
account of any damage, loss or injury
sustained or alleged to be sustained because
of anything done or omitted to be done in
good faith—
(a)
in or in connection with or incidental to the exercise of a power to issue a direction under, or purportedly under, section 149; or
(b)
in the reasonable belief that the act or omission was in or in connection with
Gas Industry Acts (Amendment) Act 1998
| s. 23 | Act No. 91/1998 |
| or incidental to the exercise of such a power. |
(2) This section applies to the Director of Gas
Safety, the Office of Gas Safety and the servants of the Office.
149C. Protection of persons executing directions
A person is not liable to any action, claim or demand on account of any damage, loss or injury sustained or alleged to be sustained because of anything done or omitted to be done in good faith—
(a)
in the execution of any direction under, or purportedly under, section 149; or
(b)
in the reasonable belief that the act or omission was in the execution of such a direction.".
23. Delegation
A delegation made by the Minister under section
62I of the Principal Act on 25 September 1998 has
effect as if it referred to the gas supply emergency
throughout Victoria arising from an incident atLongford which occurred on that date.
_______________
Gas Industry Acts (Amendment) Act 1998
Act No. 91/1998 s. 24
PART 3—GAS PIPELINES ACCESS (VICTORIA) ACT 1998
24. New section inserted
After section 24 of the Gas Pipelines Access No. 31/1998. (Victoria) Act 1998 insert—
'24A. Access arrangements
(1) An application for acceptance of an access
arrangement made, but not determined, before the repeal of Part 4B of the Gas Industry Act 1994 by this Act is deemed to
be an application for acceptance of an access arrangement under the new Access Code and anything done in connection with theapplication under that Part is deemed to have been done for the purposes of an application under the new Access Code.
(2) An access arrangement in force under
Part 4B of the Gas Industry Act 1994, as so in force immediately before the repeal of that Part by this Act, is deemed to be an access
(3) Until its first review under section 2 of the arrangement in force under the new Access effect accordingly. which sub-section (2) applies continues to be
subject to sections 3 and 8 and to section 9
(so far as it applies to sections 3 and 8) and
to sections 2.33 and 2.48A of the old Accessnew Access Code, an access arrangement to provisions of the new Access Code. (4) A tender process approved for the purposes
of section 3 of the old Access Code and
commenced but not completed before the
repeal of Part 4B of the Gas Industry Act
Gas Industry Acts (Amendment) Act 1998
| s. 25 | Act No. 91/1998 |
1994 has effect as a tender process approved and commenced under the new Access Code and may be completed for the purposes of
that Code.
(5) Section 3 of the new Access Code has effect as if it included sections 3.39 and 3.40 of the old Access Code.
(6) Until 1 January 2000, section 7 of the new Access Code has effect as if the definitions of "Associate" and "Associate Contract" in section 7 of the old Access Code were
substituted for the corresponding definitions
in section 7 of the new Access Code.
(7) In this section—
"new Access Code" means the National
Third Party Access Code for Natural set out in Schedule 2 to the South Australian Act) or, if that Code is amended in accordance with Schedule 1 to that Act, that Code as so amended and in force for the time being, as it applies because of section 7 of this Act as a law of Victoria;
Gas Pipeline Systems (a copy of which,
as agreed by the Council of Australian
"old Access Code" means the Access Code under Part 4B of the Gas Industry Act 1994, as in force immediately before
the repeal of that Part by this Act.'.
25. New section 24B inserted
After section 24A of the Gas Pipelines Access
(Victoria) Act 1998 insert—
'24B. Access Code
Gas Industry Acts (Amendment) Act 1998
Act No. 91/1998 s. 25 (1) Section 4.1 of the old Access Code has effect as if for paragraph (a) there were substituted—
"(a) be a legal entity registered under
the Corporations Law or a foreign
company within the meaning of
that Law, a statutory corporation,
a government or an entity
established by royal charter;".
(2) Until paragraph (a) of section 4.1 of the
new Access Code is amended in
accordance with that Code, that section
has effect as if for paragraph (a) there
were substituted—
"(a) be a legal entity registered under
the Corporations Law or a foreign
company within the meaning of
that Law, a statutory corporation,
a government or an entityestablished by royal charter;".
(3) In this section, "new Access Code"
and "old Access Code" have the same
meanings as in section 24A.'.
_______________
Gas Industry Acts (Amendment) Act 1998
| s. 26 | Act No. 91/1998 |
PART 4—GAS SAFETY ACT 1997
26. Definitions
No. 99/1997
| subsequently | (1) In section 3 of the Gas Safety Act 1997, in |
| amended by | paragraph (h) of the definition of "gas company", |
| No. 46/1998. | after "purposes)" insert ", being a person declared under section 5 to be a gas company for the purposes of this Act". |
(2) In section 3 of the Gas Safety Act 1997, the definitions of "Type A gas installation" and "Type B gas installation" are repealed.
(3) In section 3 of the Gas Safety Act 1997 insert— ' "complex gas installation" means a gas
installation which is not a standard gas
installation;
"standard gas installation" means—
(a) a gas installation—
(i) which contains only Type A appliances; and
(ii) premises of a prescribed class or
which is located in residential premises; or
(b) a gas installation—
(i) which contains only Type A appliances; and
(ii) premises of a prescribed class or
which is located in commercial premises; and
(iii) in which the total gas consumption of the appliances
Gas Industry Acts (Amendment) Act 1998
Act No. 91/1998 s. 27 does not exceed the relevant
prescribed amount per hour; and(iv) in which the length of pipe from the gas supply point to the furthest appliance does not exceed the relevant prescribed length;'.
27. Complex and standard gas installations
(1) In sections 52, 55, 56, 57, 58, 60 and 61 of the
Gas Safety Act 1997, for "Type B gas
installation" (wherever occurring) substitute"complex gas installation".
(2) In sections 54, 55, 56, 57, 58, 60, 63 and
118(1)(u) of the Gas Safety Act 1997, for
"Type B gas installations" (wherever occurring)substitute "complex gas installations".
28. Acceptance of gas installation
(1) In section 73 of the Gas Safety Act 1997 for sub-
section (1) substitute—
"(1) A person who carries out work on a complex
gas installation or on a standard gas
installation of a prescribed class must apply
to the Office for acceptance of the gas
installation before the gas installation iscommissioned.
Penalty: In the case of a natural person,
40 penalty units;
In the case of a body corporate,
200 penalty units.".(2) In section 73(4)(c) of the Gas Safety Act 1997
after "installation" insert "or to any appliance
forming part of the gas installation".
Gas Industry Acts (Amendment) Act 1998
| s. 29 | Act No. 91/1998 |
(3) After section 73(8) of the Gas Safety Act 1997
insert—
'(9) In this section "gas installation" includes
part of a gas installation.'.
29. New section 79A inserted
After section 79 of the Gas Safety Act 1997 insert—
"79A. Interference with gas installation or
pipeline
(1) A person must not wilfully or negligently break, injure, open or tamper with any gas installation or pipeline.
Penalty: 100 penalty units.
(2) This section does not apply to any person
lawfully carrying out gas work in respect of
the gas installation or pipeline.(3) This section does not apply to a pipeline operated by a gas company.".
30. New section 107A inserted
After section 107 of the Gas Safety Act 1997 insert—
"107A. Power of Minister
(1) The Minister, at the request of the Director,
may, at any time, make a direction in writing
amending a direction made, or purportedly
made, by the Director under section 106 or
107 for the purpose of correcting a defect,
mistake or omission in such a direction.
(2) If a direction of the Minister under sub- section (1) amending a direction of the Director—
Gas Industry Acts (Amendment) Act 1998
Act No. 91/1998 s. 31
(a)
includes a statement that the direction of the Director is deemed to have been made as so amended; and
(b)
is made not later than 3 months after the direction of the Director was made—
the direction of the Director is deemed to
have been made as so amended.
107B. Delegation by Director
The Director may, with the consent of the Minister, by instrument, delegate any function or power of the Director under section 106 or 107 to an officer or employee of the Office.".
31. New sections 109 and 109A inserted
For section 109 of the Gas Safety Act 1997 substitute—
"109. Protection from liability
The Director is not liable to any action, claim or demand on account of any damage, loss or injury sustained or alleged to be sustained because of anything done or omitted to be done in good faith—
(a)
in or in connection with or incidental to the exercise of a power under, or purportedly under, section 106 or 107; or
(b)
in the reasonable belief that the act or omission was in or in connection with or incidental to the exercise of such a power.
109A. Protection of persons executing directions
Gas Industry Acts (Amendment) Act 1998
| s. 32 | Act No. 91/1998 |
A person is not liable to any action, claim or demand on account of any damage, loss or injury sustained or alleged to be sustained because of anything done or omitted to be done in good faith—
(a)
in the execution of any direction under, or purportedly under, section 106 or 107; or
(b)
in the reasonable belief that the act or omission was in the execution of such a direction.".
32. New section 117A inserted
In Part 7 of the Gas Safety Act 1997, before section 118, insert—
"117A. Supreme Court—limitation of jurisdiction It is the intention of sections 109 and 109A to alter or vary section 85 of the
Constitution Act 1975.".
33. Regulations
In section 118(1)(w) of the Gas Safety Act 1997 after "gas company" (where first and thirdly occurring) insert "or any other person".
34. Transitional provision—Director of Gas Safety
At the end of section 123 of the Gas Safety Act
1997 insert—"(2) The person who held the office of Director
of Gas Safety under the Gas Industry Act
1994 immediately before the commencement
of this section continues to hold that office
under this Act on the same terms and
conditions and with the same accrued and
accruing entitlements as applied to the
person immediately before that
commencement.".
Gas Industry Acts (Amendment) Act 1998
Act No. 91/1998 s. 35
35. Building Act 1993
In section 221ZG of the Building Act 1993 for
"Type B gas installation" substitute "complex gasinstallation".
_______________
Gas Industry Acts (Amendment) Act 1998
| s. 36 | Act No. 91/1998 |
PART 5—OTHER ACTS
36. Office of the Regulator-General Act 1994
(1) In section 3(2) of the Office of the Regulator-
General Act 1994, after "sub-section (3)" insert
"or (5)".
(2) After section 3(4) of the Office of the Regulator-
General Act 1994 insert—
"(5) Sub-section (2) does not apply to the gas
industry or to the Gas Industry Act 1994,
except as provided by section 8A of that Act.
(6) Sub-section (3) does not affect any Order
made under sub-section (2) before the
commencement of section 36 of the GasIndustry Acts (Amendment) Act 1998.".
37. State Electricity Commission Act 1958
Section 85CA of the State Electricity
Commission Act 1958 is repealed.
═══════════════
Gas Industry Acts (Amendment) Act 1998
Act No. 91/1998 Notes
NOTES
†
Minister's second reading speech—
Legislative Assembly: 22 October 1998
Legislative Council: 17 November 1998
The long title for the Bill for this Act was "to amend the Gas Industry
Act 1994, the Gas Pipelines Access (Victoria) Act 1998, the Gas SafetyAct 1997 and certain other Acts and for other purposes."
Constitution Act 1975:
Section 85(5) statement:
Legislative Assembly: 10 November 1998
Legislative Council: 17 November 1998
Absolute majorities:
Legislative Assembly: 12 November 1998
Legislative Council: 17 November 1998
0
0
0