Gas Industry (Amendment) Act 1997 (Vic)
Gas Industry (Amendment) Act 1997
Act No. 36/1997
TABLE OF PROVISIONS
Section Page PART 1—PRELIMINARY 1
1. Purpose 1 2. Commencement 1
PART 2—GAS INDUSTRY ACT 1994 3
3. Principal Act 3 4. Definitions 3 5. Amendment of section 30 4 6. Domestic tariff 4 7. Amendment of section 17 4 8. New sections 17A–17I inserted 4 17A. Appointment of Administrators 4 17B. Vacancy etc. in office of Administrator 5 17C. Deputy Administrator 5 17D. Resignation and removal 6 17E. Functions and powers of Deputy 6 17F. Staff of Administrator 7 17G. Functions and powers of Administrator 7 17H. Delegation 7 17I. Directions 8 9. Amendment of section 23 8 10. New section 51A inserted 10 51A. Power to acquire easements 10 11. Amendment of section 53 10 12. Amendment of section 57 11 13. New Part 6B inserted 11 PART 6B—COMPETITION POLICY AUTHORISATION 11 62M. Definitions 11 62N. Assignment 16 62O. Approval 17 62P. Application 18
i
Section Page
14. Definitions 20 15. New sections 87B–87F inserted 21 87B. Closure of Gas and Fuel Superannuation Fund 21 87C. Provisions relating to transfer of members and
beneficiaries 21 87D. Transfer of assets 21 87E. General provisions 22 87F. Payment of benefits 22
16. Regulations 23 17. New Part 14 inserted 24 PART 14—GAS SAFETY 24 Division 1—Office of Gas Safety 24 116. Establishment 24 117. Objectives of the Office 25 118. Functions 25 119. Powers 26 120. Committees 26 121. Delegation 27 122. Office consists of Director of Gas Safety 27 123. Appointment of Director of Gas Safety 27 124. Terms and conditions of appointment 27 125. Vacancies, resignations and removal from office 28 126. Acting appointments 28 127. Validity of decisions 29 128. Disclosure of interests 29 129. Corporate plan 30 130. Statement of corporate intent: contents 31 131. Office to act in accordance with corporate plan 32 132. Nothing void merely because of non-compliance 32 133. Protection from liability 33 134. Appointment of persons to assist Office 33 135. Improper use of information 33 136. Costs of Office 34 Division 2—Gas safety 34 137. General duties of gas company 34 138. Safety plans 35 139. Mandatory reporting of gas incidents 36 Division 3—Inspection and enforcement 36 140. Inspectors 36 141. Powers of entry 37 142. Emergency access 38 143. Powers on entry 38
ii
Section Page
144. Return of things seized 39 145. Magistrates' Court may extend period 40 146. Power of inspector to require information or documents 40 147. Copying of documents 41 148. Protection against self-incrimination 42 149. Director of Gas Safety may give directions 42
PART 3—OTHER ACTS 44
18. State Electricity Commission Act 1958 44 19. Repeal of Energy Consumption Levy Act 1982 44 20. Consequential amendments 44 21. Country Fire Authority Act 1958 45
═══════════════
NOTES 46
iii
Victoria
No. 36 of 1997
Gas Industry (Amendment) Act 1997†
[Assented to 3 June 1997]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purpose
The purpose of this Act is to make provision for the further restructure and reform of the gas industry.
2. Commencement
(1) This Part comes into operation on the day on which this Act receives the Royal Assent.
Gas Industry (Amendment) Act 1997
Act No. 36/1997 s. 2 (2) The remaining provisions of this Act come into operation on a day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 July 1998, it
comes into operation on that day.
_______________
Gas Industry (Amendment) Act 1997
| s. 3 | Act No. 36/1997 |
PART 2—GAS INDUSTRY ACT 1994
3. Principal Act
| No. 112/1994. | In this Part, the Gas Industry Act 1994 is called |
| Reprint No. 1 | |
| as at 29 | the Principal Act. |
| August 1996. |
4. Definitions
(1) In section 3 of the Principal Act, for the definition
of "board" substitute—
' "board", in relation to a gas company, means
the board of directors of the gas company or,
if an Administrator of the gas company has
been appointed under section 17A, the
Administrator;'.(2) In section 3 of the Principal Act, in the definition
of "director", after "a gas company" insert ", other
than a gas company of which an Administrator
has been appointed".
(3) In section 3 of the Principal Act insert—
' "Administrator", in relation to a gas company, means the Administrator of the gas company appointed under section 17A;
"chief executive officer", in relation to a gas company of which an Administrator has been appointed, means the Administrator of
the gas company;
"gas incident" means any incident or event
relating to the transmission, distribution,
transportation, supply or use of gas which
causes or has the potential to cause—
(a) the death of or injury to a person; or
(b) significant damage to property; or
(c) a fire;
Gas Industry (Amendment) Act 1997
Act No. 36/1997 s. 5 "inspector" means a person appointed as an inspector under Part 14;
"Office" means the Office of Gas Safety
established under Part 14;'.
5. Amendment of section 30
In section 30 of the Principal Act, omit "of directors".
6. Domestic tariff
(1) In section 3 of the Principal Act, in the definition
of "domestic tariff", after "section 32" insert
"(3A)".
(2) After section 32(3) of the Principal Act, insert—
"(3A) A gas company may, from time to time, by
notice published in the Government Gazette,
give notice specifying a tariff as a domestic
tariff and specifying the terms and conditions
on which the gas company distributes or
supplies gas to or transmits gas forcustomers at that tariff.".
7. Amendment of section 17
In section 17 of the Principal Act, after "gas company" insert ", other than a gas company of which an Administrator has been appointed".
8. New sections 17A–17I inserted
After section 17 of the Principal Act insert—
"17A. Appointment of Administrators
(1) The Treasurer, after consultation with the
Minister, may appoint an Administrator for the restructuring of GASCOR.
(2) The Treasurer, after consultation with the
Minister, may appoint an Administrator for the restructuring of GTC.
Gas Industry (Amendment) Act 1997
| s. 8 | Act No. 36/1997 |
(3) The term of office of an Administrator is the term, not exceeding 2 years, specified in the instrument of appointment, and the
Administrator is eligible for re-appointment. (4) Subject to this section, the terms and
conditions of appointment of an after consultation with the Minister.
(5) An Administrator is not subject to the Public
Sector Management Act 1992 by reason only of the appointment as Administrator.
17B. Vacancy etc. in office of Administrator
(1) The office of an Administrator becomes
vacant if the Administrator—
(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or (b) is convicted of an indictable offence or of an offence that, if committed in Victoria, would be an indictable offence. (2) An Administrator may resign by writing delivered to the Minister.
(3) The Treasurer, after consultation with the
Minister, may remove an Administrator from office.
17C. Deputy Administrator
(1) The Treasurer, after consultation with the
Minister, may appoint a Deputy
Administrator for a gas company of which an
Administrator has been appointed.
Gas Industry (Amendment) Act 1997
Act No. 36/1997 s. 8 (2) The term of office of a Deputy Administrator
is the term, not exceeding 2 years, specified
in the instrument of appointment, and the
Deputy Administrator is eligible for re-
appointment.
(3) Subject to this section, the terms and
conditions of appointment of a Deputy after consultation with the Minister.
(4) A Deputy Administrator is not subject to the
Public Sector Management Act 1992 by
reason only of appointment as DeputyAdministrator.
17D. Resignation and removal
(1) A Deputy Administrator may resign by writing delivered to the Minister.
(2) The Treasurer, after consultation with the
Minister, may remove a Deputy
Administrator from office.
17E. Functions and powers of Deputy
(1) A Deputy Administrator for a gas company
shall act as Administrator for the gas
company—
(a) during a vacancy in the office of Administrator; and (b) during any period when the other reason, unable to perform the functions of Administrator—
but must not continue so to act for more than
6 months.
Gas Industry (Amendment) Act 1997
| s. 8 | Act No. 36/1997 |
(2) A Deputy Administrator—
(a)
when acting as Administrator, has and may exercise all the powers of the Administrator under this or any other Act;
(b)
at any other time, has such powers of the Administrator under this or any other Act as are specified in the instrument of appointment or as are delegated to the Deputy Administrator by the Administrator under section 17H.
17F. Staff of Administrator
An Administrator may appoint or engage such employees or other persons as are necessary for the performance of the Administrator's functions, on such terms and conditions of appointment or employment as are determined by the Administrator.
17G. Functions and powers of Administrator
An Administrator of a gas company—
(a) is responsible for the management of the affairs of the gas company; and (b) may exercise the powers of the gas company; and (c) has any other functions and powers this or any other Act.
17H. Delegation
An Administrator may, in writing, delegate
to a person approved by the Minister any
function or power of the Administrator under
Gas Industry (Amendment) Act 1997
Act No. 36/1997 s. 9 this or any other Act, other than this power
of delegation.
17I. Directions
(1) The Treasurer and the Minister, acting
jointly, may from time to time, by written
notice to an Administrator, give such
directions to the Administrator as the
Treasurer or Minister think fit.
(2) An Administrator must comply with a
direction given under this section but an act
or decision of the Administrator is not
invalid merely because of a failure to comply
with such a direction.
(3) An Administrator must keep a copy of each direction given under this section available for inspection at the office of the
Administrator during business hours, other than any direction, or part of a direction, that the Treasurer and the Minister have declared to be confidential.
(4) An Administrator must include in the annual
the Financial Management Act 1994 a brief
summary, in a form approved by thereport of the gas company, under Part 7 of Administrator under this section, together with a statement of the Administrator's response to the direction.
(5) A notice containing a direction given under
this section is an exempt document for the purposes of the Freedom of Information Act 1982.".
9. Amendment of section 23
Gas Industry (Amendment) Act 1997
Act No. 36/1997
In section 23(1) of the Principal Act, after "gas company" insert ", other than a gas company of which an Administrator has been appointed".
Gas Industry (Amendment) Act 1997
Act No. 36/1997 s. 10
10. New section 51A inserted
After section 51 of the Principal Act insert—
'51A. Power to acquire easements
(1) A person to which this section applies may recommend to the Minister the compulsory acquisition of an easement required by the person for or in connection with the
construction or operation of a transmission
pipeline or a distribution pipeline.(2) The Land Acquisition and Compensation Act 1986 applies to this section and for that purpose—
(a) this Act is the special Act;
(b) the Minister administering this Act is the Authority. (3) Despite anything to the contrary in the Land Acquisition and Compensation Act 1986, section 109(2) of that Act does not apply to land acquired in accordance with this section
by the Minister administering this Act.
(4) In this section—
"easement" includes right, charge, power or privilege in, under, over affecting or in connection with land;
"person to which this section applies"
means a person authorised under section 40 to convey gas through transmission pipelines or distribution
pipelines.'.
11. Amendment of section 53
(1) In section 53 of the Principal Act—
(a) omit "by its officers and employees,";
Gas Industry (Amendment) Act 1997
| s. 12 | Act No. 36/1997 |
(b) in sub-section (1B), omit "by its officers or employees"; (c) in sub-section (1C), omit "an officer or employee of"; (d) in sub-section (1C)(c) for "condition in which the officer or employee found it" substitute "same condition as it was in before the exercise of the powers". (2) After section 53(3) of the Principal Act insert— "(4) A gas company may exercise its powers
under this section by its officers or
employees or by any other person authorised
in writing by it or by the officers oremployees of any such person."
12. Amendment of section 57
In section 57 of the Principal Act—
(a) after "any director," insert "the board or an"; (b) after "any such director," insert "the board,".
13. New Part 6B inserted
After Part 6A of the Principal Act, insert—
'PART 6B—COMPETITION POLICY
AUTHORISATION
62M. Definitions
In this Part—
"BHP" means BHP Petroleum (Bass Strait)Pty Ltd or a body corporate related to it;
"Competition Code" has the same meaning
as in the Competition Policy Reform
(Victoria) Act 1995;
Gas Industry (Amendment) Act 1997
Act No. 36/1997 s. 13 "Esso" means Esso Australia Resources Ltd. or a body corporate related to it;
"gas supply contract" means—
(a) a contract for the supply of gas made between BHP and Esso as sellers and GASCOR as buyer dated 20 November 1996; and (b) contract described in paragraph
(a) in accordance with the
principles of the unwritten law
and, in the case of any variation to
a specified exclusionary
provision, a specified price
provision, a specified terms
provision, a specified acquisition
exclusivity provision, a specified
supply exclusivity provision or aeach and any variation to the approved by the Minister; and
(c) a contract or arrangement made or between—
(i) BHP, Esso and GASCOR; or
(ii) GASCOR and either BHP or Esso—
for the purpose of giving effect to,
or incidental to, an obligation or
right of one or more of the parties
under the contract referred to in
paragraph (a) or any variation to
that contract under and inaccordance with paragraph (b);
"specified acquisition exclusivity
provision", in relation to a gas supply
Gas Industry (Amendment) Act 1997
| s. 13 | Act No. 36/1997 |
| contract, means a provision that comprises or includes a condition, whether direct or indirect and whether having legal or equitable force or not, that GASCOR will not, or will not except to a limited extent, acquire gas directly or indirectly from a person who is or is likely to be or would be but for that provision, a competitor of BHP or a competitor of Esso or a competitor of a body corporate related to either of them; |
"specified exclusionary provision", in
relation to a gas supply contract, means
a provision that—
(a) restricting or limiting the
acquisition of gas by GASCOR
from particular persons or classes
of persons or from particular
persons or classes of persons inhas the purpose of preventing, particular conditions; or
(b) restricting or limiting the supply
of gas by Esso or BHP severally
to GASCOR or to GASCOR inhas the purpose of preventing, particular conditions; or
(c) has the purpose of preventing, of gas—
(i) by either or each of them
by Esso and BHP jointly or persons or classes of persons
Gas Industry (Amendment) Act 1997
Act No. 36/1997 s. 13 (other than GASCOR) or to particular persons or classes of persons (other than
GASCOR) in particular
circumstances or onparticular conditions; or
(ii) by GASCOR to particular
persons, or particular persons
or classes of persons in
particular circumstances or
on particular conditions;"specified price provision" in relation to a gas supply contract, means a provision that has the purpose, or has or is likely to have the effect, of fixing, controlling or maintaining or providing for the
fixing, controlling or maintaining of the price for gas to be supplied by Esso and BHP jointly or either of them severally to GASCOR;
"specified supply exclusivity provision",
in relation to a gas supply contract, means a provision that comprises or includes a condition, whether direct or
indirect and whether having legal or equitable force or not, that Esso and BHP jointly or either or each of them
severally or GASCOR will not supply
gas to any person or will not, or will
not except to a limited extent, supply
gas to particular persons or classes of
persons or to persons other than
particular persons or classes of persons
or in particular places or classes of
places or in places other than particular
places or classes of places;
Gas Industry (Amendment) Act 1997
| s. 13 | Act No. 36/1997 |
"specified terms provision", in relation to a
that provides for the supply of gas by
gas supply contract, means a provision severally to GASCOR upon identical or like or similar terms and conditions that has the purpose, or would have or would be likely to have the effect, of substantially lessening competition within the meaning of section 45 of the Trade Practices Act and the Competition Code; "specified volume provision", in relation to
a gas supply contract, means a
provision, not being a specified
acquisition exclusivity provision or a
specified supply exclusivity provision,
that provides for during or in respect of
any particular period or series of
particular periods—
(a) the acquisition by GASCOR from either or each of them severally of a volume of gas that is specified, identifiable or capable of calculation; or
(b)
the supply to GASCOR by Esso and BHP jointly or by either or each of them severally of a
volume of gas that is specified,
identifiable or capable of
calculation; or(c)
the payment by GASCOR to Esso and BHP jointly or to either or each of them severally of any amount of money for the reason that GASCOR has not acquired or
Gas Industry (Amendment) Act 1997
Act No. 36/1997 s. 13 has not agreed to acquire from Esso and BHP jointly or from either or each of them severally
(as the case may be) a volume of gas that is specified, identifiable or capable of calculation—
and that has the purpose, or has or is
likely to have the effect, of
substantially lessening competition
within the meaning of section 45 of the
Trade Practices Act and the
Competition Code."Trade Practices Act" means the Trade
Practices Act 1974 of the
Commonwealth.
62N. Assignment
(1) If GASCOR, Esso or BHP assigns the whole
or any part or any combination of parts (not
comprising the whole) of its rights under a
gas supply contract to a person or to persons,
a reference to GASCOR, Esso or BHP (as
the case requires) in this Part (except the
definitions in this Part of "BHP", "Esso" or
"GASCOR" and this section) shall be
construed from the time of that assignment to
be—
(a)
in the case where GASCOR, Esso or BHP assigns the whole of its rights under a gas supply contract, a reference to that person or to those persons and to a body corporate related to that person or to any of those persons; and
(b)
in the case where GASCOR, Esso or BHP assigns a part or combination of parts (not comprising the whole) of its rights under a gas supply contract—
Gas Industry (Amendment) Act 1997
| s. 13 | Act No. 36/1997 |
(i) in respect of the part or combination of parts assigned, a reference to that person or to those persons and to a body corporate related to that person or to any of those persons; and
(ii) in respect of the rights retained, a reference to GASCOR, Esso or BHP (as the case requires).
(2) Sub-section (1) applies to each and any
assignment by a person or persons of the whole or any part or combination of parts (not comprising the whole) of the rights held
originally by GASCOR, Esso or BHP under
a gas supply contract and held at that time by
that person or those persons and in respect of
which there has been a previous applicationof sub-section (1).
(3) For the purpose of this section—
(a) grammatical forms of that word shall be
read as a reference to assignment,
conveyance, grant, transfer or novation
and for the other correspondinga reference to assignment and other words; and
(b)
a reference to rights under a gas supply contract shall be read as a reference to rights, benefits, privileges or facilities under a gas supply contract.
62O. Approval
For the purposes of Part IV of the Trade Practices Act and of the Competition Code any thing done or other conduct engaged in by any, all or some of GASCOR, BHP and
Gas Industry (Amendment) Act 1997
Act No. 36/1997 s. 13 Esso that is specified in section 62P as a thing or other conduct engaged in to which this section applies, is specifically authorised to be done during the period ending on 31 December 2010.
62P. Application
Section 62O applies to the following things—
(a) attempting to make or making a gas supply contract which contains a specified exclusionary provision; (b) attempting to give or giving effect to a specified exclusionary provision of a gas supply contract; (c) attempting to make or making a gas supply contract which contains a specified terms provision; (d) attempting to give or giving effect to a specified terms provision of a gas supply contract; (e) attempting to make or making a gas supply contract which contains a specified price provision; (f) attempting to give or giving effect to a specified price provision of a gas supply contract; (g) attempting to make or making a gas supply contract which contains a specified volume provision; (h) attempting to give or giving effect to a specified volume provision of a gas supply contract; (i) attempting to supply or attempting to offer to supply or supplying or offering
Gas Industry (Amendment) Act 1997
| s. 13 | Act No. 36/1997 |
| to supply gas to GASCOR pursuant to a gas supply contract which contains a specified acquisition exclusivity provision where the engaging by Esso and BHP or either or each of them in that conduct has the purpose, or has or is likely to have the effect, of substantially lessening competition within the meaning of section 47 of the Trade Practices Act and the Competition Code; |
(j) attempting to acquire or attempting to offer to acquire or acquiring or offering to acquire gas from Esso and BHP jointly or from either or each of them severally pursuant to a gas supply contract which contains a specified supply exclusivity provision where the engaging by GASCOR in that conduct has the purpose, or has or is likely to have the effect, of substantially lessening competition within the meaning of section 47 of the Trade Practices Act and the Competition Code; (k) attempting to make or making a gas supply contract which contains a provision that gas is to be supplied jointly by Esso and BHP to GASCOR; (l) attempting to give or giving effect to a provision of a gas supply contract that gas is to be supplied jointly by Esso and BHP to GASCOR.'.
Gas Industry (Amendment) Act 1997
Act No. 36/1997 s. 14
14. Definitions
In section 84 of the Principal Act insert the
following definitions—' "approved superannuation fund" means a
superannuation entity or a superannuation
fund within the meaning of section 10 of the
Commonwealth Superannuation Industry(Supervision) Act 1993 which is—
(a) complying approved deposit fund
within the meaning of Part IX of thea complying superannuation fund or a Assessment Act 1936; and
(b) approved by the Minister by notice published in the Government Gazette as the successor fund to the Gas and Fuel Superannuation Fund; "dissolution date" means the date fixed by the
Minister by notice published in the
Government Gazette as the dissolution date;
"transferred beneficiary" means a beneficiary in
the Gas and Fuel Superannuation Fund who
first became entitled to a pension or other
benefit payable, or that would have been
payable but for any requirements relating to
deferment or preservation, on or before the
dissolution date but not paid as at the
dissolution date or who becomes entitled
after the dissolution date due to the death of
the first beneficiary after the dissolution
date;
"transferred member" means an employee of GASCOR or GTC who is a member of the Gas and Fuel Superannuation Fund at the
dissolution date.'.
Gas Industry (Amendment) Act 1997
| s. 15 | Act No. 36/1997 |
15. New sections 87B–87F inserted
After section 87A of the Principal Act insert—
"87B. Closure of Gas and Fuel Superannuation
Fund
(1) A person cannot become a member of the Gas and Fuel Superannuation Fund on or after the dissolution date.
(2) New contributions cannot be paid into the Gas and Fuel Superannuation Fund on or after the dissolution date.
87C. Provisions relating to transfer of members
and beneficiaries
(1) On the dissolution date a person who is a
member or beneficiary of the Gas and Fuel approved superannuation fund. (2) The consent of a member or beneficiary to his or her transfer under this section is not required.
87D. Transfer of assets
(1) The trustee of the Gas and Fuel
Superannuation Fund must transfer the assets liabilities incurred by the trustee for which the trustee is liable as a result of the dissolution, to the approved superannuation fund in the manner and form and by the date specified in directions given under section 87E.
of the Gas and Fuel Superannuation Fund,
other than any assets required to meet the
expenses of winding up the Gas and Fuel
Gas Industry (Amendment) Act 1997
Act No. 36/1997 s. 15 (2) As soon as the assets have been transferred,
the assets form part of the approved
superannuation fund.
(3) The trustee of the Gas and Fuel
Superannuation Fund is released from any liability in respect of the entitlements of transferred members and beneficiaries as soon as the assets have been transferred.
(4) No stamp duty or other tax is payable under
any Act in respect of anything done under
this section.
(5) The Gas and Fuel Superannuation Fund is dissolved on the dissolution date.
87E. General provisions
(1) GASCOR may by instrument in writing give such directions to the trustees of the Gas and Fuel Superannuation Fund as GASCOR
considers necessary in relation to the
dissolution of the Gas and Fuel
Superannuation Fund.(2) Notwithstanding anything to the contrary in
the trust deed of the Gas and Fuel
Superannuation Fund, the trustee must
comply with any directions under sub-
section (1).
(3) The trust deed of the Gas and Fuel
Superannuation Fund is to be read and construed as if the provisions of section 87B to 87E formed part of the trust deed and if a provision of section 87B to 87E is inconsistent with a provision of the trust deed, the provision of this Act prevails.
87F. Payment of benefits
(1) The approved superannuation fund must be one in which the assets transferred under
Gas Industry (Amendment) Act 1997
| s. 16 | Act No. 36/1997 |
section 87D are applied to secure the
provision of benefits in the following order.
(2) First, in the payment of—
(a) pensions to transferred beneficiaries;
(b) other benefits payable from the Gas and Fuel Superannuation Fund but not paid as at the dissolution date; (c) any benefits that would have been paid or become payable from the Gas and Fuel Superannuation Fund as at the dissolution date but for any requirements relating to deferment or preservation. (3) Secondly, in respect of each transferred
member, in the payment of a benefit equal to
the benefit which would have been payable
to the member had he or she voluntarily
ceased employment in good health on the
dissolution date.
(4) Thirdly, in the payment of any other benefits
that become payable on or after the
dissolution date to, or in respect of—
(a) transferred members;
(b) successor of GASCOR or GTC who
became members of the approvedemployees of GASCOR or GTC or of a dissolution date.".
16. Regulations
(1) In section 102(1) of the Principal Act in
paragraphs (d) and (e) after "gas fitting work"
insert "or any work on any pipeline, installation,
facility or service relating to the transmission,
distribution, supply or use of gas".Gas Industry (Amendment) Act 1997
Act No. 36/1997 s. 17
(2) After section 102(1)(f) of the Principal Act
insert—
"(fa) the safe conveyance, distribution and
transportation of gas whether through
transmission pipelines, distribution pipelinesor otherwise;
(fb) the safe storage and use of gas;
(fc) the safety of gas appliances which are
offered for sale or hire to the public,
including the establishment or recognition of
approval schemes by the Office with respectto gas appliances or classes of gas appliance;
(fd) recall of unsafe gas appliances or classes of
gas appliance;
(fe) fixing fees and charges in respect of any
function or service carried out by the
Office;".
17. New Part 14 inserted
After Part 13 of the Principal Act insert—
'PART 14—GAS SAFETY
Division 1—Office of Gas Safety
116. Establishment
(1) There is established a body by the name "Office of Gas Safety".
(2) The Office—
(a)
is a body corporate with perpetual succession;
(b) has an official seal;
(c) may sue and be sued;
Gas Industry (Amendment) Act 1997
| s. 17 | Act No. 36/1997 |
(d) may acquire, hold and dispose of real and personal property; (e) may do and suffer all acts and things that a body corporate may by law do and suffer. (3) All courts must take judicial notice of the
seal of the Office affixed to a document and,
until the contrary is proved, must presume
that it was duly affixed.
(4) The official seal of the Office must be kept
in such custody as the Office directs and
must not be used except as authorised by the
Office.
117. Objectives of the Office
The objectives of the Office are—(a)
to ensure the safety of gas supply, transmission and distribution and use in gas installations; and
(b)
to control the gas safety standards of gasfitting work in gas installations; and
(c)
to maintain public and industry awareness of gas safety requirements.
118. Functions
The functions of the Office are—(a) to issue guidelines specifying minimum safety standards for gas appliances, gas equipment, gas components, gas installations, gas related services and
gas transmission, distribution and
supply;(b) to monitor compliance of gas components, gas installations, gas
Gas Industry (Amendment) Act 1997
Act No. 36/1997 s. 17 related services and gas transmission,
distribution and supply with the
specified safety standards;
(c)
to investigate events or incidents which have implications for gas safety;
(d)
to provide advisory and consultative services in relation to gas safety;
(e)
to consult with and advise industry and the community in relation to gas safety;
(f)
such other functions are as conferred on the Office by or under this Act or any other Act or the regulations under this Act.
119. Powers the Office—
(a)
has such powers as are conferred on it by this or any other Act; and
(b)
may do all other things necessary or convenient to be done for or in connection with, or as incidental to, the achievement of its objectives or the performance of its functions.
120. Committees
(1) The Office may establish such committees as it determines.
(2) A committee established under sub-section (1) shall consist of—
(a)
such officers or employees of the Office; and
(b) such other persons—
as the Office determines.
Gas Industry (Amendment) Act 1997
| s. 17 | Act No. 36/1997 |
(3) The Office must appoint one of the members of the committee as chairperson.
(4) Except as otherwise provided by the
regulations, the procedure of a committee is
in its discretion.
121. Delegation official seal, delegate any function or power of the Office, other than this power of delegation, to—
(a) an officer or employee of the Office;
(b) a member of a committee appointed in accordance with this Part; (c) with the consent of the Minister, another person. 122. Office consists of Director of Gas Safety The Office consists of the Director of Gas Safety.
123. Appointment of Director of Gas Safety
(1) The Governor in Council, on the
recommendation of the Minister, may
appoint a person to be the Director of Gas
Safety.(2) The Public Sector Management Act 1992
(except Part 9) does not apply to the Director
of Gas Safety in respect of the office of
Director of Gas Safety.
124. Terms and conditions of appointment
(1) The Director of Gas Safety shall be
appointed for such term, not exceeding 5 years, as is specified in the instrument of appointment, but is eligible for re-
appointment.
Gas Industry (Amendment) Act 1997
Act No. 36/1997 s. 17 (2) The Director of Gas Safety holds office,
subject to this Act, on such terms and
conditions as are determined by the Minister.
125. Vacancies, resignations and removal from office
(1) The Director of Gas Safety ceases to hold office if he or she becomes bankrupt.
(2) The Director of Gas Safety may resign by writing delivered to the Governor.
(3) The Governor in Council may remove the Director of Gas Safety from office.
126. Acting appointments
(1) The Governor in Council may appoint a person to act as Director of Gas Safety—
(a) during a vacancy in the office of the Director of Gas Safety; (b) during any period, or during all periods, absent or, for any other reason, is unable to perform the functions of Director of Gas Safety—
but a person appointed to act during a
vacancy must not continue so to act for more
than 6 months, unless re-appointed.(2) An acting appointment shall be for the term
and on the conditions determined by the
Governor in Council.
(3) The Governor in Council may at any time terminate an acting appointment.
(4) A person appointed under this section has all
the powers, and may perform all the
functions, of the person for whom he or she
is acting.
Gas Industry (Amendment) Act 1997
| s. 17 | Act No. 36/1997 |
127. Validity of decisions
(1) An act or decision of the Office is not invalid merely because of a defect or irregularity in, or in connection with, the appointment of the Director of Gas Safety.
(2) Anything done by or in relation to a person
purporting to act as Director of Gas Safety is
not invalid merely because—
(a)
the occasion for the appointment has not arisen; or
(b)
there was a defect or irregularity in relation to the appointment; or
(c)
the appointment has ceased to have effect; or
(d)
the occasion for the person to act had not arisen or had ceased.
128. Disclosure of interests
(1) If the Director of Gas Safety has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the
Office, he or she must, as soon as practicable after the relevant facts come to his or her knowledge, disclose the nature of the interest to the Minister.
(2) Sub-section (1) does not apply if the interest
is as a result of the supply of goods or
services that are available to members of the
public on the same terms and conditions.
(3) A failure to comply with this section does
not affect the validity of any act or decision of the Office or the Director of Gas Safety.
Gas Industry (Amendment) Act 1997
Act No. 36/1997 s. 17 129. Corporate plan
(1) The Office must prepare a corporate plan
each year.
(2) The Office must give a copy of the proposed
plan to the Minister and the Treasurer on or
before 31 May in each year.
(3) The proposed corporate plan must be in or to the effect of a form approved by the Minister and the Treasurer and must include—
(a) a statement of corporate intent in accordance with section 130. (b) a business plan containing such Minister requires;
(c) financial statements containing such
information as the Treasurer requires.
(4) The Office must consider any comments on the proposed plan that are made to it by the Treasurer or the Minister within 2 months
after the plan was submitted to the Treasurer
and the Minister.
(5) The Office must consult in good faith with
communication to it of the comments, must
make such changes to the plan as are agreed
between the Treasurer, the Minister and thethe Treasurer and the Minister following to the Treasurer and the Minister within 2 months after the commencement of the financial year. (6) The plan, or any part of the plan, must not be published or made available except for the
Gas Industry (Amendment) Act 1997
| s. 17 | Act No. 36/1997 |
purposes of this Part without the prior
approval of the Office, the Treasurer and theMinister.
(7) The plan may be modified at any time by the
Office with the agreement of the Treasurer and the Minister.
(8) If the Office, by written notice to the
Treasurer and the Minister, proposes a
modification of the plan, the Office may,
within 14 days, make the modification unless
the Treasurer or Minister, by written notice
to the Office, directs the Office not to makeit.
(9) The Treasurer or the Minister may, from
time to time, by written notice to the Office, direct the Office to include in, or omit from, a statement of corporate intent, a business
plan or a financial statement of a specified
kind, any specified matters.(10) Before giving a direction under this section, the Treasurer and the Minister must consult with the Office as to the matters to be
referred to in the notice.
(11) The Office must comply with a direction under this section.
(12) At any particular time, the statement of
corporate intent, the business plan or the financial statements for the Office are the statements and plan last completed, with any
modifications or deletions made in
accordance with this Part.130. Statement of corporate intent: contents Each statement of corporate intent must specify for the Office, in respect of the
Gas Industry (Amendment) Act 1997
Act No. 36/1997 s. 17 financial year to which it relates and each of the 2 following financial years, the following information—
(a) the objectives of the Office;
(b) the nature and scope of the activities to be undertaken by the Office; (c) the accounting policies to be applied in the accounts; (d) the performance targets and other measures by which the performance of the Office may be judged in relation to its stated objectives; (e) the kind of information to be provided to the Treasurer and the Minister by the Office during the course of those financial years; (f) such other matters as may be agreed on by the Treasurer, the Minister and the Office from time to time. 131. Office to act in accordance with corporate plan
The Office must act only in accordance with its corporate plan, as existing from time to time, unless it has first obtained the written approval of the Minister and the Treasurer to do otherwise.
132. Nothing void merely because of non- compliance
Nothing done by the Office is void or unenforceable merely because the Office has failed to comply with this Part.
Gas Industry (Amendment) Act 1997
| s. 17 | Act No. 36/1997 |
133. Protection from liability
(1) The Director of Gas Safety is not personally
liable for anything done or omitted to be
done in good faith—
(a)
in the exercise of a power or the performance of a function of the Office; or
(b)
in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function of the Office.
(2) Any liability resulting from an act or
omission that, but for sub-section (1), would attach to the Director of Gas Safety attaches instead to the Office.
134. Appointment of persons to assist Office
(1) The Office may appoint or engage such
employees or other persons as are necessary
for the performance of its functions.
(2) The terms and conditions of appointment or
engagement are as determined by the Office.
135. Improper use of information
A person who is, or has been, Director of
Gas Safety or an employee, agent or
contractor of the Office, must not make
improper use of any information acquired
only in the course of his or her duties to
obtain directly or indirectly any pecuniary or
other advantage for himself or herself or for
any other person.
Penalty: 50 penalty units.Gas Industry (Amendment) Act 1997
Act No. 36/1997 s. 17
136. Costs of Office Act to distribute gas in the State must pay to the Office at such time or times as the Minister determines such annual amount as the Minister determines in respect of the remuneration and reasonable costs and expenses of the Office and the Director of Gas Safety.
Division 2—Gas safety
137. General duties of gas company any pipeline, installation, facility or service relating to the transmission, distribution or supply of gas by the company as far as practicable—
(a) to provide for the safety of the public and customers; and (b) to prevent damage to property of the public and customers; and (c) to ensure that the prescribed requirements relating to gas odorisation, purity, temperature and pressure are maintained so that the gas can be conveyed and used safely; and
(d) with gas that complies with the
prescribed requirements relating toto ensure that customers are supplied and gas quality; and
Gas Industry (Amendment) Act 1997
| s. 17 | Act No. 36/1997 |
(e) to minimise the risks to safety of—
(i) interruptions to the conveyance, transportation or supply of gas; and
(ii) the reinstatement of an interrupted gas supply.
138. Safety plans
(1) A gas company must submit to the Office for
approval, a plan setting out the safety
management policies and procedures being
taken or to be taken by the gas company—
(a) to comply with its duties under section 137; and (b) in relation to any other matters relating to the safe transmission, distribution or supply of gas that are prescribed. (2) The safety plan for a pipeline, installation,
facility or service existing immediately
before the commencement of section 16 of
the Gas Industry (Amendment) Act 1997
must be submitted within 2 months after that
commencement.
(3) The safety plan for any other pipeline, installation, facility or service must be submitted and approved before the pipeline,
installation, facility or service commences
operation.(4) Subject to this section and any requirements specified in the regulations, the Office may determine the procedures that are to apply in
respect of the contents, submission and
approval of safety plans.
(5) A gas company must comply with an
approved safety plan in relation to the
Gas Industry (Amendment) Act 1997
Act No. 36/1997 s. 17 management and operation of any pipeline,
installation, facility or service relating to the
transmission, distribution or supply of gas towhich the plan applies.
139. Mandatory reporting of gas incidents
(1) A gas company must report to the Office of Gas Safety any gas incident which occurs in relation to any pipeline, installation, facility or service of the gas company.
(2) The Chief Officer of the Metropolitan Fire
Officer under the Country Fire Authority
Act 1958 must report to the Office of Gasand Emergency Services and the Chief gas was a cause or contributing factor.
Division 3—Inspection and enforcement
140. Inspectors
(1) The Director of Gas Safety may appoint an
officer or employee of the Office of Gas this Act. (2) The Director of Gas Safety must give an
identification card to each officer and
employee who is appointed an inspector.
(3) The identification card—
(a)
must be signed by the Director of Gas Safety; and
(b)
bear a photograph and the signature of the officer or employee.
(4) An inspector must, in the course of
performing his or her functions under this any person who requests its production.
Gas Industry (Amendment) Act 1997
| s. 17 | Act No. 36/1997 |
(5) In this section, "officer or employee" includes an agent or contractor of a gas company authorised by the gas company to
carry out certain functions.
141. Powers of entry
(1) An inspector may exercise powers under this section only to the extent that it is reasonably necessary to do so for the purpose of
investigating any gas incident or determining
the safety or compliance with this Act and
the regulations of any pipeline installation,
facility or service relating to the
transmission, distribution, supply or use of
gas.(2) Subject to this section, an inspector with any
assistants the inspector considers necessary
may enter any premises (including any
caravan, mobile home and vessel).
(3) Except in an emergency, an inspector may—
(a) enter a residence only between 8 a.m. and 6 p.m.; and (b) enter any other premises at any reasonable time. (4) In carrying out an inspection under this section, an inspector must—
(a)
cause as little harm and inconvenience or damage as possible; and
(b)
not remain on the premises any longer than is reasonably necessary; and
(c)
leave the premises as nearly as possible in the same condition as it was found prior to the inspection being carried out.
Gas Industry (Amendment) Act 1997
Act No. 36/1997 s. 17 (5) An inspector may not exercise any powers
under this section if the inspector fails to
produce, on request, his or her identity card
for inspection by the occupier of the
premises.
142. Emergency access
(1) An inspector may enter any premises
(including any caravan, mobile home and
vessel) at any time in an emergency if there
is a threat to the safety of persons or property
arising from a situation relating to gas.(2) If an inspector exercises a power of entry
under this section, without the owner or
occupier being present, the inspector must,
on leaving the premises, leave a notice
setting out—
(a) the time of entry; and
(b) the purpose of entry; and
(c)
a description of all things done while on the premises; and
(d) the time of departure; and
(e)
the procedure for contacting the Office of Gas Safety for further details of the entry.
143. Powers on entry
(1) On exercising a power of entry under this Division, an inspector may—
(a) search the premises and anything found at the premises; (b) inspect and take photographs (including video recordings), or make sketches, of the premises or anything at the premises;
Gas Industry (Amendment) Act 1997
| s. 17 | Act No. 36/1997 |
(c) inspect, and make copies of, or take extracts from, any document kept at the premises; (d) seize anything at the premises the inspector believes on reasonable grounds that it is necessary to seize in order to prevent its concealment, loss or destruction; (e) examine, test and, if necessary, disconnect, seize and remove or otherwise make safe any gas appliance, gas installation, gas pipe, gas fitting,
apparatus, or equipment that the
inspector considers unsafe, or does not
comply with this Act or the regulations
or was involved in a gas incident.(2) If an inspector is unable to ascertain the
identity of the owner or custodian of
anything seized, the inspector must leave a
receipt with, or post it to, the owner of the
premises from which the thing was seized.
144. Return of things seized
(1) If an inspector seizes a thing under section
143, the inspector must take reasonable steps
to return the thing to the person from whom
it was seized if the reason for its seizure no
longer exists.
(2) If the thing has not been returned within 3
months after it is seized, the inspector must
take reasonable steps to return it unless—
(a) proceedings have commenced and
those proceedings (including any
appeal) have not been completed; or(b)
a court makes an order under section 145 extending the period of 3 months.
Gas Industry (Amendment) Act 1997
Act No. 36/1997 s. 17 145. Magistrates' Court may extend period
(1) An inspector may apply to the Magistrates'
Court before the expiration of the period referred to in section 144 or within a period extended by the Court under this section for an extension of that period.
(2) The Magistrates' Court may order such an extension if satisfied that retention of the thing is necessary—
(a) for the purposes of an investigation into committed; or
(b) to enable evidence of an offence to be obtained for the purposes of a prosecution. (3) The Court may adjourn an application to
enable notice of the application to be given
to any person.
146. Power of inspector to require information or documents
(1) An inspector who—
(a)
exercises a power of entry under this Division; and
(b)
produces his or her identity card for inspection by a person—
may, to the extent that it is reasonably
necessary for the purposes set out in section
141(1) and 142(1), require the person to give
information to the inspector, to produce
documents to the inspector and to give
reasonable assistance to the inspector.(2) A person must not refuse or fail, without
reasonable excuse, to comply with a
requirement made under sub-section (1).
Gas Industry (Amendment) Act 1997
| s. 17 | Act No. 36/1997 |
Penalty:
(a) in the case of a corporation, 1000 penalty units;
(b) in any other case, 100 penalty units. (3) A person must not—
(a)
give information that the person knows to be false or misleading in a material particular; or
(b)
produce a document that the person knows to be false or misleading in a material particular without indicating
the respect in which it is false or
misleading and, if practicable,
providing correct information.Penalty:
(a)
in the case of a corporation, 1000 penalty units;
(b) in any other case, 100 penalty units.
147. Copying of documents inspector in accordance with a requirement under section 146, the inspector may make copies of, or take extracts from, the document.
Gas Industry (Amendment) Act 1997
Act No. 36/1997 s. 17
148. Protection against self-incrimination information, produce a document or do any other thing that the person is required to do by or under this Act if the giving of the information, the production of the document or the doing of that other thing would tend to incriminate the person.
149. Director of Gas Safety may give directions
(1) The Director of Gas Safety may, in writing,
direct a gas company—
(a)
to cease the supply of gas to a gas installation, facility, service, appliance or equipment; or
(b)
disconnect a gas installation from the gas supply—
if the Director of Gas Safety considers that it
is necessary to do so for safety reasons.(2) The Director of Gas Safety may, in writing, direct a person—
(a) to cease to use a particular gas or equipment; or
(b)
to make safe a gas installation or appliance; or
(c)
to do any other thing necessary to make an emergency situation safe—
if the Director of Gas Safety is satisfied that
it is necessary to issue the directions for
safety reasons.
Gas Industry (Amendment) Act 1997
| s. 17 | Act No. 36/1997 |
(3) A person must comply with a direction under
this section that applies to the person.
Penalty:
(a)
in the case of a corporation, 1000 penalty units; and
(b) in any other case, 100 penalty units.'.
_______________
Gas Industry (Amendment) Act 1997
Act No. 36/1997 s. 18
PART 3—OTHER ACTS
18. State Electricity Commission Act 1958
After section 12B(1)(d) of the State Electricity
Commission Act 1958 insert—"(e) to carry out such functions as the Minister
directs in relation to the restructure or reform
of the gas industry.".
19. Repeal of Energy Consumption Levy Act 1982
(1) The Energy Consumption Levy Act 1982 is
repealed.
(2) Despite its repeal by sub-section (1), the Energy Consumption Levy Act 1982 continues to apply in respect of energy consumption levy in relation to a billing period that commenced before the
commencement of this section.
(3) For the purposes of this section, a billing period under the Energy Consumption Levy Act 1982 that commenced before and, but for this sub-
section, would not end before, the commencement
of this section, is deemed to have endedimmediately before that commencement.
20. Consequential amendments
(1) In section 3(1) of the Administrative Appeals Tribunal Act 1984, in the definition of "taxing Act", omit "the Energy Consumption Levy Act
1982,".
(2) In section 4(1) of the Evidence (Commissions) Act 1982, paragraph (ba) is repealed.
(3) In section 21 of the Loy Yang B Act 1992, sub- section (3) is repealed.
(4) In section 137Q of the Stamps Act 1958,
paragraph (f) is repealed.
Gas Industry (Amendment) Act 1997
| s. 21 | Act No. 36/1997 |
(5) In the Taxation (Interest on Overpayments) Act
1986—
(a) in section 3(1)—
(i) in the definition of "objection", paragraph (b) is repealed;
(ii) in the definition of "relevant repealed;
(iii) in the definition of "relevant tax", paragraph (b) is repealed;
(b) in section 5(2)—
(i) in the definition of "relevant Act", paragraph (b) is repealed;
(ii) in the definition of "secrecy provisions", paragraph (b) is repealed.
(6) In section 3(1) of the Taxation (Reciprocal Powers) Act 1987, in the definition of "State taxation Act", paragraph (e) is repealed.
21. Country Fire Authority Act 1958
In section 32(2) of the Country Fire Authority Act 1958 after "Electricity Industry Act 1993" insert "or gas company within the meaning of the Gas Industry Act 1994 or person authorised
under section 40 of the Gas Industry Act 1994".
═══════════════
Gas Industry (Amendment) Act 1997
Act No. 36/1997 Notes
NOTES
†
Minister's second reading speech—
Legislative Assembly: 23 April 1997
Legislative Council: 20 May 1997
The long title for the Bill for this Act was "to amend the Gas Industry
Act 1994 and the State Electricity Commission Act 1958, to repeal the
Energy Consumption Levy Act 1982 and for other purposes."
0
0
0