Gas (Residual Provisions) Act 1965 (Qld)

GAS ACT 1965

Queensland GAS ACT 1965 Reprinted as in force on 1 November 2002 (includes amendments up to Act No. 56 of 2002) Reprint No. 3B This reprint is prepared by the Ofﬁce of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This Act is reprinted as at 1 November 2002. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. This page is speciﬁc to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard copy and electronic, are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of a hard copy reprint is the same as the date shown for an electronic version previously published, it merely means that the electronic version was published before the hard copy version. Also, any revised edition of the previously published electronic version will have the same date as that version. Replacement reprint date If the date of a hard copy reprint is the same as the date shown on another hard copy reprint it means that one is the replacement of the other.

Queensland GAS ACT 1965 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 2 Relationship to prescribed Acts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 2A Act inapplicable in certain case. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 5 Deﬁnitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 5A Meaning of “supply charge” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 PART 2—ADMINISTRATION 6 Administration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 6A Minister may appoint advisory committees . . . . . . . . . . . . . . . . . . . . . . . . . 14 7 Appointment of ofﬁcers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 7A Power to delegate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 8 Powers of inspection etc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 9 Assistance to gas examiners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 10 Obstruction of gas examiners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 10A Notiﬁcation of accidents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 10B Fees payable in all cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 10C Protection for acts done in the execution of this Act. . . . . . . . . . . . . . . . . . . 20 10D Inquiries into accidents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 PART 3—GRANTING OF FRANCHISES 12 Application for and grant of franchise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 12A Special conditions on franchise. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 13 Offence in relation to franchise areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 15 Cancellation of franchise. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 16 Applications for franchise in lieu of cancelled franchise . . . . . . . . . . . . . . . 25

2 Gas Act 1965 17 Effect of cancellation of franchise. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Restriction on disposal of reticulation system. . . . . . . . . . . . . . . . . . . . . . . . 19 Surrender of franchise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Provisions applicable to a reticulation system . . . . . . . . . . . . . . . . . . . . . . . PART 4—FUEL GAS SUPPLIED UNDER A FRANCHISE 23 Application of this part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Forfeiture by fuel gas supplier for insufﬁciency of supply . . . . . . . . . . . . . . 28 Duty of fuel gas supplier to supply consumers . . . . . . . . . . . . . . . . . . . . . . . 29 Request for fuel gas supply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29A Consumer’s liability for supply charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29AA Security for supply or supply charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29B Discontinuance of supply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29C Forfeiture where unauthorised discontinuance of supply . . . . . . . . . . . . . . . 30 Application to Minister to obtain a supply of fuel gas . . . . . . . . . . . . . . . . . 32 Conservation and utilisation of fuels. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32A Minister may direct to ensure continuous supply of fuel gas . . . . . . . . . . . . 32B Minister’s powers to ensure satisfactory progress. . . . . . . . . . . . . . . . . . . . . 32C Penalty for disobedience to direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Meters, pipes etc. not subject to distress for rent etc. . . . . . . . . . . . . . . . . . . PART 5—PROVISIONS RELATING TO CONTESTABILITY Division 1—Preliminary 33A Meaning of “contestable consumer” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33B Meaning of “non-contestable consumer” and “new non-contestable consumer” .............................................. Division 2—Contestable consumers 33BA New or replacement premises of same registered owner . . . . . . . . . . . . . . . 33BB Subsequent registered owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33BC Contestable consumer remains contestable consumer despite consumption or use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 3—Contestable consumer certiﬁcation Subdivision 1—Application for contestable consumer certiﬁcation 33BD Applying for certiﬁcation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33BE Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 26 27 27 28 28 29 29 30 31 31 32 32 33 34 34 35 35 36 37 37 38 38 38 39

3 Gas Act 1965 33BF Issue of certiﬁcation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33BG Refusal of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 2—Review of decision to refuse contestable consumer certiﬁcation 33BH Consumer may request review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33BI Procedure for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33BJ Reviewer may seek advice or information . . . . . . . . . . . . . . . . . . . . . . . . . . 33BK Offence about disclosure of advice or information . . . . . . . . . . . . . . . . . . . . 33BL Review decision binding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 4—Other provisions relating to contestability 33C Restriction on constructing and maintaining distribution pipeline . . . . . . . . 33D Restriction on sale of gas in franchise area . . . . . . . . . . . . . . . . . . . . . . . . . . 33E Market operating arrangements in natural gas market . . . . . . . . . . . . . . . . . 33F Tabling and inspection of code of conduct . . . . . . . . . . . . . . . . . . . . . . . . . . PART 6—SUFFICIENCY OF SUPPLY OF FUEL GAS 42 Application of part. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Provision for insufﬁciency of supply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 7—THE GAS TRIBUNAL 45 Application of this part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Eligibility of members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Gas Tribunal inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Conﬁdentiality of information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Authorities of the Gas Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Inquiry into fuel gas prices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Fixing of prices and charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 7A—TAKING OF EASEMENTS 51A Deﬁnition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51B Constitution of corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51C Corporation a constructing authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51D Power of corporation to take easement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51E Compensation and expenses payable by person for whose beneﬁt easement taken . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51F Rights of beneﬁted person. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 40 40 41 41 42 42 42 43 44 45 46 46 47 47 47 48 48 49 49 50 50 51 51 51 52

4 Gas Act 1965 PART 8—MISCELLANEOUS 52 Person in charge of gas works to be qualiﬁed . . . . . . . . . . . . . . . . . . . . . . . . 52A Measurement of fuel gas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52B Supply of gas through meters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52C Restriction on constructing and maintaining pipe. . . . . . . . . . . . . . . . . . . . . 53 Use of meters etc. restricted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53A Use of large containers of another without permission prohibited . . . . . . . . 54 Unauthorised interference with meters or ﬁttings prohibited . . . . . . . . . . . . 55 Regulation of payment to gas supplier . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Prepayment meters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 Hire of prepayment meter and ﬁttings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 Accounts and audit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Returns. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59A Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60A Provisions to ensure standards and safety requirements complied with . . . . 60B Provisions with respect to defective or dangerous ﬁttings . . . . . . . . . . . . . . 60C Standards of gas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Penalties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61A Power of court to order cause of contravention to be remedied . . . . . . . . . . 62 Evidentiary provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 Laying of complaint; service of analyst’s certiﬁcate. . . . . . . . . . . . . . . . . . . 64 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . PROVISIONS APPLICABLE TO THE ESTABLISHMENT AND MAINTENANCE OF A GAS UNDERTAKING 1 Meaning of term “holder” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Power to produce gas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Power of acquisition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Execution against holder’s property restricted . . . . . . . . . . . . . . . . . . . . . . . 5 Power of salaried ofﬁcers to hold shares in body corporate . . . . . . . . . . . . . 6 Authority to dispense with corporate seal . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Incorporated holder may act through agent. . . . . . . . . . . . . . . . . . . . . . . . . . 8 Powers of holder to erect structures and install ﬁttings. . . . . . . . . . . . . . . . . 52 53 53 55 56 56 57 58 58 59 59 59 59 59 60 61 61 62 62 63 63 65 65 65 65 65 66 66 66 66

5 Gas Act 1965 9 Power of holder to enter and inspect any place . . . . . . . . . . . . . . . . . . . . . . . 10 Power to inspect ﬁttings and to order removal thereof . . . . . . . . . . . . . . . . . 11 Power to contract for supply of gas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Power to lay pipes from mains . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Breaking up of ground. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Duty of holder upon breaking up etc. of street . . . . . . . . . . . . . . . . . . . . . . . 15 Local government etc. to supply information as to levels and alignments . . 16 Alteration of street levels. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Fraudulent appropriation of gas etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17A Offences in relation to pipes etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Duty to prevent leakage of gas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Duty to prevent contamination of water . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Holder may cut off supply of gas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Obstruction prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Power of court to assess forfeitures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Holder’s right to refuse to supply gas restricted . . . . . . . . . . . . . . . . . . . . . . 24 Prohibition of differential terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . PURPOSES FOR WHICH REGULATIONS MAY BE MADE 68 69 69 69 70 70 71 72 72 73 76 79 79 80 80 80 81 82 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 2 Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . 84 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 5 Tables in earlier reprints. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88

s 1 7 s 2A Gas Act 1965 GAS ACT 1965 [as amended by all amendments that commenced on or before 1 November 2002] An Act to provide for the regulation and control of the production, storage, supply and use of gases, the safe handling of gases, the setting of standards for gases, certain administrative matters associated with the gas industry and for related purposes PART 1—PRELIMINARY 1 Short title This Act may be cited as the Gas Act 1965 . 2 Relationship to prescribed Acts (1) This Act is to be construed so as not to derogate from the provisions of a prescribed Act and if there is an inconsistency between a provision of this Act and that of a prescribed Act, the provision of the prescribed Act prevails to the extent of the inconsistency. (2) In this section “prescribed Act” means— (a) Carriage of Dangerous Goods by Road Act 1984 ; or (b) Gas Pipelines Access (Queensland) Law; or (c) Health Act 1937 ; or (d) Petroleum Act 1923 . 2A Act inapplicable in certain case Save as is by this Act otherwise expressly prescribed, this Act does not apply to or in relation to fuel gas supplied by the producer thereof to a fuel gas supplier except in relation to the safe handling and measurement thereof.

s5 8 s5 Gas Act 1965 5 Deﬁnitions In this Act— “appliance” means any device which uses gas to produce light, heat or power. “approved” means approved by the Minister. “approved form” see section 59A. 1 “bulk liqueﬁed petroleum gas” or “bulk L.P. gas” , in relation to a supply, consumption, carriage or other act done in respect of liquefied petroleum gas, means such gas which is supplied from, in or into, consumed from, carried or, as the case may be, otherwise dealt with in containers of a greater water capacity than 500 kg. “caravan” means a structure designed or adapted for human habitation or for use as a workshop or mobile kitchen that is able to be moved from 1 place to another, whether by being towed or transported on a vehicle or trailer, and includes any vehicle designed or adapted for use as a caravan. “carburetted water gas” means flammable gas produced by the interaction of steam and hot coke and which has had its heating power increased by the admixture of a gas. “chief gas examiner” means the chief gas examiner appointed under the provisions of this Act, and includes any person for the time being carrying out the functions and duties of that office. “coal gas” includes all flammable gases produced by the thermal treatment of coal. “consumer” means a person supplied or desirous of being supplied with gas, and includes a gas supplier supplied with gas by another gas supplier. “contestable consumer” see section 33A. “contestable consumer certiﬁcation” , for premises, means a certiﬁcation given under section 33BF(1) for the supply of gas to the premises. “ﬁnancial year” means the period of time commencing on 1 July in a calendar year and concluding on 30 June in the next ensuing calendar year: where the gas supplier concerned is accustomed to extracting its 1 Section 59A (Approval of forms)

s5 9 s5 Gas Act 1965 annual balance sheet and profit and loss account in respect of some other period, the term means that other period. “ﬁttings” includes every appliance and everything used, designed or intended for use in connection with an appliance and everything used, designed or intended for use in or in connection with the supply, distribution or consumption of gas. “franchise” means the right to establish and maintain a reticulation system in an area, granted under part 3. “franchise area” means a part of the State in relation to which a gas supplier holds a subsisting franchise. “fuel gas” means natural gas, carburetted water gas, coal gas, oil gas, producer gas, water gas, liquefied petroleum gas, tempered liquefied petroleum gas, reformed liquefied petroleum gas, liquefied natural gas, reformed natural gas, refinery gas, reformed refinery gas and any substance declared under a regulation to be fuel gas for the purposes of this Act, and a mixture of 2 or more fuel gases. “fuel gas supplier” means a person supplying or desirous of supplying by way of sale— (a) bulk liqueﬁed petroleum gas; (b) fuel gas through a reticulation system; (c) fuel gas to a consumer through pipes or mains located outside the consumer’s premises; (d) fuel gas in any manner declared under a regulation for the purposes of this deﬁnition. “gas” means any substance that has a critical temperature of less than 50ºC or exerts, at that temperature, a vapour pressure greater than 300 kPa and any substance declared under a regulation to be gas for the purposes of this Act, and a mixture of 2 or more gases. “gas examiner” means the chief gas examiner, the deputy chief gas examiner appointed for the purposes of this Act, or deemed so to be, and any person for the time being performing the whole or any part of the duties of a gas examiner. “gas supplier” means a person supplying or desirous of supplying gas by way of sale, and includes a fuel gas supplier. “gas terminal” means a place— (a) where gas is manufactured; or

s 5 10 s 5 Gas Act 1965 (b) into which gas is supplied from road, rail or marine tankers or by pipeline and, while awaiting delivery into road, rail or marine tankers or a pipeline or awaiting dispatch in cylinders, tanks or other vessels, is there stored in containers with an aggregate water capacity of 100 t or more; or (c) any other place declared under a regulation to be a gas terminal. “gas works” means a gas terminal or a place where gas is produced for supply to a consumer. “ground” includes stones, soil, pavement or material of any footway, and the roadway of any street. “liqueﬁed petroleum gas” means a mixture composed substantially of C3 or C4 hydrocarbons or both of them either in a liquid or a gaseous state. “lot” , for part 5, division 2, includes a parcel of land. “main” means a pipe conveying gas for supply to 2 or more consumers. “meter” means an instrument to measure the volume of gas supplied through it. “natural gas” means a gaseous material containing hydrocarbons and obtained from bore holes or from crude oil otherwise than by thermal or catalytic process. “new non-contestable consumer” see section 33B(2). “non-contestable consumer” see section 33B. “oil gas” means gas manufactured from petroleum or other oil by thermal, catalytic or other process but not including liquefied petroleum gas. “party to the review” , for part 5, division 2, see section 33BI(1). “pipe” means any pipe, main or service pipe for conveying gas, and includes all equipment and works connected with a pipe. “place” means any land, building, house, shop, factory, vessel within any harbour, river or inland waters, caravan, vehicle, aeroplane or premises whatsoever. “premises” means any land or building, and where a building is subdivided, each subdivision thereof which is separately occupied. “prepayment meter” means a meter or appliance whereby the quantity of gas supplied through it is regulated according to the amount of money inserted therein.

s 5 11 s 5 Gas Act 1965 “private way” means any private way, private land, private building, private passage or private grounds. “producer gas” means gas manufactured by the action of air on hot coke. “qualiﬁed person” means a person who— (a) is— (i) a graduate in an approved branch of science or engineering of an approved educational institution; or (ii) a corporate member of The Institution of Engineers, Australia, or the Royal Australian Chemical Institute; and has had at least 12 months relevant technical experience approved by the chief gas examiner; or (b) is— (i) the holder of a diploma in an approved branch of science, applied science or engineering; or (ii) the holder of a certiﬁcate of competency as a gas manager issued by the Australian Gas Association; and has had at least 2 years relevant technical experience approved by the chief gas examiner; or (c) has qualiﬁcations and experience that in the opinion of the chief gas examiner are equivalent to the qualiﬁcations and experience prescribed by paragraph (a) or (b). “reﬁnery gas” means the residual gas produced at a refinery and left over after all normally useable products (including liquefied petroleum gas) have been made or extracted from the crude or a feed stock. “registered owner” , of a lot, for part 5, division 2, means— (a) the person recorded in the freehold land register under the LandTitle Act 1994 as the person entitled to the fee simple interest in the lot; or (b) a lessee (other than a sublessee), licensee (other than a sublicensee) or permittee of the lot under the Land Act 1994 . “regulator” means a device for controlling and maintaining a uniform gas supply pressure. “relevant fuel gas supplier” , for a consumer, means the fuel gas supplier that supplies fuel gas to the consumer—

s 5A 12 s 5A Gas Act 1965 (a) under a franchise; and (b) through a meter owned by the fuel gas supplier. “reticulation system” means an interconnected network of underground mains and associated fittings supplying fuel gas to at least 50 consumers. “review decision” , for part 5, division 2, see section 33BH(2). “reviewer” , for part 5, division 2, see section 33BH(2). “service pipe” means a pipe which conveys gas from a main to the premises of a consumer. “standard” , used in relation to a gas, means the standard prescribed for the time being pursuant to this Act. “street” means any street, road, highway, lane, way, bridge, passage or other public place. “supply charge” see section 5A. “system” means an assembly of equipment consisting essentially of a container and major devices such as vaporisers, relief valves, excess flow valves, regulators, appliances and pipes connecting such devices. “tempered liqueﬁed petroleum gas” means gas manufactured by mixing liquefied petroleum gas with air. “testing place” means a testing place provided by a gas supplier or by the Minister under this Act for the purpose of carrying out the provisions of this Act in relation to testing of gas. “water gas” means gas manufactured by the action of steam on hot coke. “wet basis” means saturated with water vapour. “wet type meter” means a device for measuring a supply of gas using as its principle of measurement the position displacement of a liquid within a device such as a rotating subdivided cylindrical vessel or drum. 5A Meaning of “supply charge” (1) A “supply charge” means— (a) a charge or tariff for a supply of fuel gas given to a consumer’s premises; or

s 5A 13 s 5A Gas Act 1965 (b) a fee or charge— (i) that is incidental to the supply; or Examples — • An account opening fee for the supply. • A fee for a special reading of a consumer’s meter if the consumer asked for the reading and the supplier of the fuel gas was not obliged to perform the reading under this Act. (ii) for discontinuing the supply or removing meters and ﬁttings from the premises under section 29B; 2 or (iii) if the supply is discontinued under section 29B—for reconnecting supply or meters and ﬁttings; or (iv) if supply to a consumer’s premises is disconnected at the consumer’s request and, within 1 year, reconnected at the consumer’s request—for the reconnection. (2) Also, if the supplier demands payment of a charge, fee or tariff under subsection (1) and the consumer fails to pay, “supply charge” includes a fee or charge, wholly or partly, for a cost or liability incurred by the supplier— (a) because of the failure to pay; or (b) for recovering or collecting, or attempting to recover or collect, the charge, fee or tariff. Examples — • A fee for a dishonoured cheque given to the supplier in purported payment of the charge, fee or tariff. • A fee or charge for an agent or employee of the supplier engaged to recover the charge, fee or tariff. 2 Section 29B (Discontinuance of supply)

s 6 14 s 7 Gas Act 1965 PART 2—ADMINISTRATION 6 Administration This Act shall be administered by the Minister and, subject to the Minister, by the chief executive of the department within which this Act is administered, the chief gas examiner, the deputy chief gas examiner and such other gas examiners and ofﬁcers appointed for the purposes of the Act or delegated in writing by the Minister to administer particular provisions of the Act and by persons and the holders from time to time of appointments authorised or speciﬁed by the regulations to the extent speciﬁed in the regulations. 6A Minister may appoint advisory committees (1) The Minister may from time to time appoint advisory committees to advise the Minister and the chief gas examiner in respect of the administration of the provisions of this Act that relate to licensing. (2) A member of an advisory committee shall not be paid a fee for attending any meeting of the committee. 7 Appointment of ofﬁcers (1) There shall be appointed from time to time for the purposes of this Act— (a) members of the Gas Tribunal; (b) a chief gas examiner; (c) a deputy chief gas examiner; (d) such number of gas examiners and other ofﬁcers as are necessary for the effectual administration of this Act. (2) Except for the members of the Gas Tribunal every person such as is referred to in subsection (1) shall be appointed as and shall hold appointment as an officer of the public service. (2A) Judicial notice shall be taken of every such appointment notified in the gazette.

s 7A 15 Gas Act 1965 s8 (3) The Gas Tribunal shall consist of 1 or more persons possessing relevant qualifications and experience and appointed by the Governor in Council on the recommendation of the Minister. (4) A member of the Gas Tribunal— (a) shall be appointed for a term not exceeding 5 years; and (b) shall hold appointment upon such conditions as the Governor in Council determines; and (c) shall be eligible for reappointment. 7A Power to delegate The chief gas examiner may, delegate to any gas examiner or, with the Minister’s approval, to any other person all or any of his or her powers, functions and duties. 8 Powers of inspection etc. (1) If it appears to the chief gas examiner or the deputy chief gas examiner necessary or desirable so to do for the purposes of this Act, he or she or any gas examiner authorised by the chief gas examiner’s or deputy chief examiner’s notice may— (a) enter any place which is used, designed or intended to be used or which the gas examiner seeking entry reasonably believes to be used, designed or intended to be used for the production, supply, storage or consumption of gas or wherein the gas examiner seeking entry reasonably believes that there is or may be gas which is escaping or has escaped; (b) inspect such place and any works, machinery or thing in, on or about such place, test any substance which he or she reasonably believes to be gas, test any meter found therein and make such other tests as the gas examiner making such inspection considers necessary; (c) require in writing any person who is or who appears to the gas examiner to be for the time being in charge of the place in question or of any works therein or thereon to do all things which, in the opinion of the gas examiner issuing such requisition, are necessary to render or maintain such place or

s 8 16 s 8 Gas Act 1965 works and all machinery and things in, on or about such place or works safe; (d) take (without payment) samples of any substance which the gas examiner so sampling reasonably believes to be gas for the purpose of examination and testing; (e) seize, remove and detain any substance which the gas examiner so seizing reasonably believes to be gas (and any ﬁtting, container, vehicle, caravan or vessel in which it is contained or is being carried) and any ﬁtting, container, vehicle, caravan or vessel if he or she reasonably believes that a contravention or non-compliance with any provision of this Act exists or has occurred in respect of such substance, ﬁtting, container, vehicle, caravan or vessel or that such ﬁtting, container, vehicle, caravan or vessel is intended for use in contravention of or non-compliance with the provisions of this Act; (f) require the production of any certiﬁcate prescribed by this Act to be had, and any book, notice, record, list or writing which by this Act is required to be kept or exhibited, and inspect, examine and take copies or extracts from the same. (1A) As soon as practicable after a gas examiner has made a test pursuant to the provisions of this subsection the gas examiner shall— (a) compile a report in writing of the results of such test; and (b) if the gas examiner is other than the chief gas examiner—furnish such report to the chief gas examiner; and (c) give to the occupier or person apparently in charge of the place wherein the substance or meter so tested was found a copy of such report. (2) The chief gas examiner may, in writing— (a) require any person to dig around and expose any pipe or ﬁtting or require a gas supplier to take apart or dismantle any item of plant to assist or facilitate an inspection being made or about to be made for the purposes of this Act; (b) require a gas supplier to replace any of its meters and to deliver a meter so replaced to the chief gas examiner for inspection and testing.

s 9 17 s 9 Gas Act 1965 (3) A person to whom a requisition is given pursuant to the provisions of subsection (1), (1A) or (2) shall comply therewith forthwith or, where a period for compliance is therein limited, within such period. (4) Where a gas examiner is of opinion that in any place whatsoever— (a) there exists a danger or likelihood of danger to the safety of persons or things caused directly or indirectly by the presence or escape of gas; or (b) because of the existence of a state of things arising from an act done or omitted to be done by any person, a danger or likelihood of danger to the safety of persons or things would exist should gas be present or escape; the gas examiner may— (c) do all such things and take all such steps; and (d) in the case of an act done or omitted to be done by any person as referred to in this subsection, require that person to do all such things and take all such steps; as the gas examiner considers necessary or desirable to remove or limit the extent of such danger or the likelihood of such danger. (5) A gas examiner shall be furnished with a certificate of the gas examiner’s appointment signed by the Minister and shall, if required by a person apparently in charge of premises to which the gas examiner is seeking entry for the purposes of this Act, produce such certificate for the inspection of such person. (6) Such a certificate shall be prima facie evidence of the appointment to which it refers and to the identity of the person who produces such certificate with the appointee named therein. 9 Assistance to gas examiners If it appears to a gas examiner necessary or desirable so to do, the gas examiner may require any person to assist the gas examiner or to furnish to the gas examiner any facility or information for the purpose of the exercise or discharge by the gas examiner of his or her powers or duties under this Act.

s 10 18 s 10A Gas Act 1965 10 Obstruction of gas examiners (1) Any person who— (a) wilfully obstructs any gas examiner in the exercise or discharge by the gas examiner of any of his or her powers or duties under this Act, or attempts so to do; or (b) fails to comply in all respects with a requisition of a gas examiner given under this Act; or (c) when required by a gas examiner under this Act to furnish information, furnishes information which to the knowledge of such person is false or misleading; or (d) threatens or uses any abusive or insulting language to a gas examiner in relation to any act or thing done, attempted to be done or desired to be done by the gas examiner under this Act; or (e) interferes with or damages any equipment, apparatus or thing being used by, or in the possession of, a gas examiner for the purpose of the exercise or discharge by the gas examiner of any of his or her powers or duties under this Act; commits an offence against this Act. (2) In the case of damage done to any equipment, apparatus or thing being used by, or in the possession of, a gas examiner for the purpose of the exercise or discharge of any of the gas examiner’s powers or duties, under this Act the offender, whether or not any other penalty is imposed on the offender, shall be ordered to make restitution to the Minister to the value of any damage so done. 10A Notiﬁcation of accidents (1) Where by reason of an accident caused by, involving or affecting gas or the production, supply or distribution of gas, injury to or the death of any person or damage to an amount apparently in excess of the sum prescribed under a regulation occurs— (a) the gas supplier; and (b) the owner, occupier or person in charge of the place where the accident occurs; and (c) any other person prescribed under a regulation; shall—

s 10A 19 Gas Act 1965 s 10A (d) where injury to or the death of any person occurs—immediately on becoming aware of the accident and of the injury or death; (e) where a ﬁre occurs in connection with the accident—immediately on becoming aware of the accident and of the ﬁre; (f) if damage happens—within 1 month after becoming aware of the accident and damage or, if another time is prescribed under a regulation, that time; notify the chief gas examiner of all details known to him or her in relation thereto. (2) A person required to notify the chief gas examiner in accordance with subsection (1) is excused from so doing where, to the person’s knowledge, all details known to the person have been notified to the chief gas examiner by another of the persons so required to notify the chief gas examiner. (3) When an accident which any person is required, by and in accordance with the provisions of subsection (1), to notify the chief gas examiner immediately that person becomes aware of the accident occurs, no person shall move or otherwise interfere with the place of the accident or anything involved in the accident unless the person first obtains the permission of a gas examiner or, if a gas examiner is not available, a police officer save where such movement or interference is necessary to save life, relieve suffering or to prevent damage to property. (3A) A person who moves or interferes with the place of that accident or anything involved in that accident shall immediately furnish the gas examiner referred to in subsection (4) with full details thereof unless the gas examiner otherwise directs. (4) Upon being informed of an accident referred to in subsection (1), the chief gas examiner or other gas examiner nominated by the chief gas examiner shall inquire into the circumstances of the accident with a view to establishing the cause thereof and shall make a written report of the gas examiner’s findings which, in the case of a gas examiner other than the chief gas examiner, shall be made to the chief gas examiner. (5) In discharging his or her duty under this subsection a gas examiner— (a) may require a person to inform the gas examiner of what that person knows concerning the accident;

s 10B 20 Gas Act 1965 s 10C (b) may require a person to submit to the chief gas examiner within 2 weeks after the making of the requisition a written report containing a full and correct statement of the circumstances of and surrounding the accident as known to that person; (c) may inspect any book, register, record (in whatever form it may be kept), list, document, notice or other writing and take possession thereof or make copies or extracts thereof or take print-outs thereof. (6) Any person who fails to comply with a requisition made on the person under subsection (5) or who conceals any particulars or who gives or tenders false or misleading particulars regarding an accident caused by, involving or affecting gas or the production, supply or distribution of gas or regarding the nature of the injury or damage caused by that accident commits an offence against this Act. 10B Fees payable in all cases Fees prescribed to be paid for the purposes of this Act with respect to the sale, supply, use and consumption of gas and in all other respects are payable in all cases and for all such purposes notwithstanding any other provisions of this Act. 10C Protection for acts done in the execution of this Act (1) Without derogating from section 44(5), no act or thing done or omitted by any person— (a) who is acting in that respect in execution of the person’s functions, powers or duties under this Act; or (b) who purports to be acting in that respect in execution of the person’s functions, powers or duties under this Act and acts in good faith and without negligence; shall subject the person to any liability in respect thereof. (2) When any question arises as to whether any liability for any act or omission, the subject of any proceedings, is negatived under the provisions of subsection (1), and it appears that the act or omission of the person proceeded against was for the purpose of executing this Act or in the execution of any of the person’s functions, powers or duties under this Act, the burden of proof of negligence and the absence of good faith shall lie upon the person taking those proceedings.

s 10D 21 Gas Act 1965 s 10D 10D Inquiries into accidents (1) In every case of an accident in relation to which a person is required by section 10A(1) to notify the chief gas examiner, unless the Minister otherwise determines, an inquiry shall be held before a tribunal consisting of— (a) a stipendiary magistrate who ordinarily constitutes a Magistrates Court in the Magistrates Court district in which the accident occurs, who shall be chairperson of the tribunal; and (b) 3 persons with practical knowledge and skill in the gas industry (the “reviewers” ) having no connection with the gas supplier concerned or the owner, occupier or person in charge of the place where the accident occurred who shall be selected by the Stipendiary Magistrate who is to be chairperson of the tribunal. (2) In the case of an inquiry into a fatal accident, the stipendiary magistrate shall, at least 4 days before the inquiry is to commence, cause notice of the time and place for holding the inquiry to be given to— (a) the gas supplier concerned; and (b) the owner, the occupier and the person in charge of the place where the accident occurred; and (c) the relict or nearest of kin of the deceased person if that person resides in Queensland at an address known to the stipendiary magistrate; and (d) the chief gas examiner. (3) In the case of an inquiry into a non-fatal accident, the stipendiary magistrate shall, at least 4 days before the inquiry is to commence, cause notice such as is referred to in subsection (2) to be given to the persons specified in that subsection except that, in lieu of the persons specified in subsection (2)(c), the notice shall be given to a person resident in Queensland nominated by the injured person or, as the case may be, the owner of property damaged in the accident. (4) At an inquiry held under this section each person injured in the accident, each owner of property damaged in the accident and each person to whom notice is given under subsection (2) or (3) is entitled to be present and to call, examine, cross-examine and re-examine witnesses, personally or by counsel, solicitor or agent.

s 12 22 s 12 Gas Act 1965 (5) A tribunal conducting an inquiry shall be deemed to be a commission within the meaning of the CommissionsofInquiryAct1950 and the provisions of that Act, other than sections 4, 4A, 5A, 5B, 10(3), 13, 14(1A), 19A, 19B, 19C and 26, shall apply in respect of the conduct of the inquiry. (6) When a tribunal has heard and received all the evidence adduced at the inquiry the reviewers shall record their findings as to the cause or causes of the accident and shall record such recommendations as they consider appropriate with a view to preventing the occurrence of a similar accident. (6A) The chairperson of the tribunal shall also record the chairperson’s findings as to the cause or causes of the accident. (7) The chairperson of the tribunal shall send to the Minister administering the Commissions of Inquiry Act 1950 — (a) the depositions of evidence adduced at the inquiry; (b) documentary exhibits received in the inquiry; (c) the record of the chairperson’s ﬁndings and the ﬁndings and recommendations of the reviewers; and shall send a copy thereof to the Minister. PART 3—GRANTING OF FRANCHISES 12 Application for and grant of franchise (1) A person who proposes to establish and maintain a reticulation system in any part of the State or to extend a reticulation system outside the area to which a franchise relates shall— (a) make written application to the Minister for a franchise so to do; and (b) cause to be published in a newspaper circulating within the part of the State in respect of which application under this section has been made and, where such part is outside the City of Brisbane, in 1 of the principal newspapers circulating in and around Brisbane, as often as the Minister directs, a notice prescribed by subsection (2).

s 12 23 s 12 Gas Act 1965 (1A) An application referred to in subsection (1)(a) shall— (a) be in a form that is acceptable to the Minister; and (b) particularise the part of the State in respect of which the application is made; and (c) specify the length of time it will take to establish or, as the case may be, extend the reticulation system. (1B) The Minister may require the applicant to specify the length of time it will take to establish distinct parts of the reticulation system or extension. (2) A notice published pursuant to subsection (1) shall— (a) be in an approved form signed by or on behalf of the applicant; and (b) particularise— (i) that an application has been made under subsection (1) and the nature of such application; and (ii) the part of the State in respect of which such application has been made; and (iii) any other matters which the Minister may, in any case, direct; and (c) specify the date before which any objection to such application must be made to accord with the provisions of subsection (3). (3) A person who desires to object to an application made under subsection (1) shall within 14 days after the date of last publication of the notice prescribed by subsection (1), make an application in writing to the Minister for a franchise in relation to or including the same part of the State as that in respect of which the application objected to was made. (3A) Save as the Minister may direct, an objector shall not be required to comply with the provisions of subsection (1)(b). (4) The Minister may, by gazette notice— (a) grant a franchise or an extension of a franchise on conditions stated in the notice; or (b) refuse to grant a franchise or an extension of a franchise. (4A) A condition must not be inconsistent with this Act.

s 12A 24 Gas Act 1965 s 15 (5) Subject to section 15, as long as a franchise remains in force in relation to an area no other franchise shall be granted in relation to the same area or to any part thereof. (6) The holder of a franchise may do all things which the holder is empowered by this Act to do or which the holder may otherwise lawfully do and which the holder considers to be necessary to the establishment or maintenance of a reticulation system in the area in relation to which the franchise was granted, or any part thereof. 12A Special conditions on franchise (1) A condition of the grant or extension of a franchise is in addition to a condition imposed by this Act. (3) The holder of a franchise who contravenes or fails to comply with a condition imposed on that franchise under this section commits an offence against this Act. 13 Offence in relation to franchise areas (1) A person shall not establish or maintain a reticulation system in a franchise area unless the person is the holder of the franchise that relates to the area. (2) A person who contravenes subsection (1) commits a continuing offence against this Act and, whether or not any other penalty is imposed in respect thereof, is liable to a penalty of 20 penalty units for each day during which the offence continues. 15 Cancellation of franchise (1) Should the holder of a franchise fail to make such progress in the establishment of a reticulation system in the franchise area or in any part thereof as, in the opinion of the Minister, is satisfactory, or where this Act otherwise permits cancellation of a franchise, the Minister may, by writing, call upon such holder to show cause within 1 month of the date of such notice why the holder’s franchise for such area or, as the case may be, part should not be cancelled. (2) The Governor in Council may cancel the franchise for all or part of the franchise area from a specified date.

s 16 25 s 17 Gas Act 1965 (3) The Governor in Council may cancel the franchise only after the Minister has considered the oral or written representations made by the franchise holder within the stated time. (4) The Minister must give to the franchise holder written notice of the cancellation and the day of effect of the cancellation. (5) If the Governor in Council cancels a franchise for all or part of a franchise area, the Minister may, after inviting applications from persons interested in establishing a reticulation system in the area, grant another franchise for the area. (6) The Minister must publish notice of the invitation— (a) in a newspaper circulating in the area; and (b) if the area is outside Brisbane—in a newspaper circulating in Brisbane. 16 Applications for franchise in lieu of cancelled franchise (1) An applicant who desires to apply for a franchise consequent upon a notice published pursuant to the provisions of section 15, shall make application to the Minister in accordance with the provisions of section 12. (2) Such an application and every objection thereto shall take the same form as, and be treated in every respect as if it were, an application or, as the case may be, an objection, under section 12 and shall be subject to the provisions of that section accordingly except that every such application and objection shall be in respect of or include the whole of the area or part of an area in respect of which the subsisting franchise is liable to be cancelled. 17 Effect of cancellation of franchise (1) When a franchise is cancelled under section 15 the person who theretofore was the holder thereof shall cease to be the holder of a franchise in relation to the area or part of the area in respect of which such franchise is cancelled. (2) The person who was, immediately prior to such cancellation, the holder of such franchise shall be entitled to compensation to be paid by the person who is the holder of the franchise granted in lieu of the franchise so cancelled.

s 18 26 s 18 Gas Act 1965 (2A) Compensation shall be payable in respect of the value of work done and any asset acquired in the course of and for the purpose of the establishment of the reticulation system concerned prior to such cancellation which work or asset is made use of or taken over by the person to whom a franchise is granted in lieu of the franchise so cancelled and such value shall be assessed as at the date of such cancellation. (2B) However, in no case shall the compensation payable for any such work or asset exceed the amount paid or agreed to be paid for the doing of such work or the acquisition of such asset by the person entitled to compensation or, as the case may be, by any previous holder of a franchise in relation to the area or part in question. (3) If within 6 months after the date of cancellation of a franchise there is no agreement between the holder of the franchise granted in lieu of such cancelled franchise and the person who was the holder of the franchise so cancelled with respect to an amount of compensation payable under this section, the Minister may refer the question of such compensation to the Gas Tribunal which shall advise the Minister as to the amount of compensation which, in its opinion, should be paid. (4) The Minister shall consider the advice of the Gas Tribunal and such other information as the Minister considers relevant and shall recommend to the Governor in Council the amount of compensation which in the Minister’s opinion should be paid by the holder of the franchise granted in lieu of the cancelled franchise to the person who was the holder of the franchise so cancelled and, without in any way being bound by that recommendation, the Governor in Council shall, under a regulation, decide the amount of compensation payable by the holder to the previous holder. (5) A decision by the Governor in Council under subsection (4) shall be final and binding on the holder of the franchise granted in lieu of the cancelled franchise and the person who was the holder of the franchise so cancelled. (6) A copy of a regulation made under subsection (4) may be filed in the registry of the Supreme Court whereupon the regulation shall be deemed to be a judgment of that court duly made that requires the payment of money and may be enforced accordingly. 18 Restriction on disposal of reticulation system (1) The holder of a franchise shall not sell or otherwise dispose of such franchise or the reticulation system established or maintained by the holder

s 19 27 s 20 Gas Act 1965 pursuant thereto or any part of such reticulation system without the Minister’s previous approval. (2) If the Minister approves of a sale or other disposition of a franchise or a reticulation system established or maintained pursuant thereto or any part of such reticulation system then, upon completion of such sale or other disposition the person to whom such franchise or reticulation system or part is sold or disposed of shall be deemed to be the holder of a franchise in relation to the area specified in such approval. (3) Any purported sale or other disposition of a franchise or reticulation system or any part of a reticulation system in contravention of this section shall be null and void and shall render the franchise concerned or pursuant to which such reticulation system is maintained liable to be cancelled in accordance with this Act. 19 Surrender of franchise (1) The holder of a franchise who desires to surrender that franchise in respect of the whole or any part of the area in relation to which it was granted shall— (a) notify the Minister, in writing, of the holder’s desire to surrender; and (b) cause to be published in a newspaper circulating within the area or part thereof in respect of which such holder desires to surrender the holder’s franchise, as often as the Minister directs, a notice of the holder’s desire to surrender specifying therein the area or part which will be affected by such surrender. (2) The Minister may either— (a) accept the surrender, with or without conditions; or (b) refuse to accept the surrender. (3) If the Minister imposes conditions on the acceptance of the surrender, the surrender does not take effect until the conditions are satisfied. 20 Provisions applicable to a reticulation system (1) The provisions set forth in schedule 1 shall apply in respect of the establishment and maintenance of a reticulation system under this Act.

s 23 28 s 26 Gas Act 1965 (1A) The provisions of schedule 1, sections 8 to 10 and 13 to 21 and such other sections thereof as the Governor in Council may, under a regulation prescribe (either generally or in a particular case) shall apply, with any necessary adaptations, with respect to— (a) a person authorised to construct or maintain a pipe pursuant to section 33C or 52C; (b) a person supplying gas through a pipe the construction or maintenance of which is authorised under section 33C or 52C; and in respect of the supply of gas thus supplied or received as if such person were a holder of a franchise in relation to the area wherein the person is so authorised to supply gas or the person receives the supply of gas as the case may be. (2) If the Governor in Council considers it to be necessary or desirable for the effectual establishment or maintenance of a particular reticulation system that schedule 1 should be modified in its application to that reticulation system the Governor in Council may, under a regulation, specify the necessary or desirable modifications. (3) Schedule 1 as so modified for the time being shall apply to the particular reticulation system in lieu of the schedule 1 prescribed by this Act. (4) The power to modify schedule 1 does not include power to substantially rescind schedule 1 and substitute another schedule in its stead. PART 4—FUEL GAS SUPPLIED UNDER A FRANCHISE 23 Application of this part This part applies only with respect to fuel gas suppliers which supply fuel gas to consumers under a franchise and with respect to the supply of fuel gas under a franchise. 26 Forfeiture by fuel gas supplier for insufﬁciency of supply (1) A fuel gas supplier which maintains a reticulation system in an area in respect of which a regulation is made under section 44 or is the holder of a franchise granted in relation to that area is liable to forfeit the sum of

s 28 29 s 29 Gas Act 1965 $1 000 for every day during which such proclamation remains in force with respect to that area. (2) A fuel gas supplier shall not suffer a forfeiture under this section if it be proved that the insufficiency in the supply of fuel gas was caused by circumstances beyond its control. 28 Duty of fuel gas supplier to supply consumers (1) Within a reasonable time of being asked under section 29 by the owner or occupier of any premises within the area in relation to which such fuel gas supplier is the holder of a franchise such fuel gas supplier shall, subject to this Act, give and continue to give a supply of fuel gas for such premises and shall furnish and lay all pipes that may be necessary for such purpose. (1A) Such owner or, as the case may be, occupier, shall, upon demand therefor being made in writing by the fuel gas supplier concerned, pay the cost of so much of any service pipe laid for the purpose of such supply in, upon or through land owned or occupied by him or her and the cost of so much of any service pipe in excess of a distance of 20 m from any main of the fuel gas supplier concerned laid for the purpose of such supply in, upon or through land other than land owned or occupied by him or her and the cost of so much of any main in excess of a distance of 20 m laid for the purpose of such supply. (2) If a fuel gas supplier believes that in respect of particular premises a supply of fuel gas can not be given under the conditions specified in subsection (1) and provide the supplier with an economic financial return, the fuel gas supplier may apply to the Minister to be exempted from the duty imposed by subsection (1) and the Minister may, if the Minister thinks fit, grant the exemption sought. 29 Request for fuel gas supply (1) A consumer who owns or occupies premises and wishes to be given a supply of fuel gas for the premises may ask the supplier mentioned in section 28(1) for the supply. (2) However, a request under subsection (1) may only be made in a way approved by the supplier.

s 29A 30 Gas Act 1965 s 29A 29A Consumer’s liability for supply charges (1) This section applies if, before or after this section commenced— (a) a consumer who owns or occupies premises has asked, or given notice to, a fuel gas supplier to give a supply of fuel gas for the premises; and (b) the supply was given or is being given. (2) The consumer must pay the supplier for all supply charges for the supply— (a) if the supplier has contracted with the consumer to give the supply under schedule 1, section 11 3 —under the contract; or (b) if the supplier has not contracted with the consumer to give the supply under schedule 1, section 11, under the supplier’s standard conditions at the time of the supply that apply to— (i) consumers of the same type as the consumer; and (ii) premises of the same type as the premises. (3) However, for supply given before the commencement— (a) the consumer is only liable for supply charges for the supply if the supply was given within 6 years before the commencement; and (b) the consumer is only liable for an incidental supply charge if the supplier demanded payment before the commencement. (4) The contract or standard conditions are subject to a regulation under section 10B or 51 so far as supply charges are concerned. 4 (5) Also, if a regulation under schedule 2, section 11 5 requires the amount of a supply charge to be approved, the supply charge must not be more than the approved amount. (6) In subsection (3)(b)— “incidental supply charge” means a supply charge under section 5A(1)(b) or (2). 6 3 Schedule 1, section 11 (Power to contract for supply of gas) 4 Sections 10B (Fees payable in all cases) and 51 (Fixing of prices and charges). No regulations were made under section 10B or 51 before the commencement. 5 Schedule 2 (Purposes for which regulations may be made) 6 Section 5A (Meaning of “supply charge”)

s 29AA 31 Gas Act 1965 s 29B 29AA Security for supply or supply charges (1) This section applies if, before or after this section commenced, a consumer who owns or occupies premises has asked, or given notice to, a fuel gas supplier to give a supply of fuel gas for the premises. (2) If the supplier needs to extend a main to give the supply, the supplier may require the consumer to agree in writing to accept the supply for at least 1 year from when the supply begins. (3) The supplier may require the consumer to give the supplier a security deposit for supply charges to the premises in a way and for an amount that is reasonable. (4) However, if a regulation requires approval of the way in which the security deposit is to be given, the supplier may only require the security deposit to be given in an approved way. (5) Also, if a regulation requires the amount of the security deposit to be approved, the amount of the security deposit must not be more than the approved amount. (6) The duty to supply fuel gas to the premises under section 28 7 does not apply to the supplier while the consumer fails to comply with a requirement of the supplier under this section. (7) In this section— “security deposit” includes an advance payment. 29B Discontinuance of supply (1) If— (a) damage is occasioned to the meter or ﬁttings, the property of the fuel gas supplier; or (b) the owner or, as the case may be, occupier of premises supplied with fuel gas by a fuel gas supplier fails to pay all moneys for the time being due and payable to the fuel gas supplier on account of such supply, or for the hire of such meter or ﬁttings; the fuel gas supplier concerned may discontinue a supply of fuel gas to the premises concerned and may remove such meter and ﬁttings. 7 Section 28 (Duty of fuel gas supplier to supply consumers)

s 29C 32 Gas Act 1965 s 30 (2) The power conferred by subsection (1) is in addition to any other remedy afforded a fuel gas supplier by law to secure payment for fuel gas supplied by it to a consumer or for damage to any of its property. 29C Forfeiture where unauthorised discontinuance of supply A fuel gas supplier which wilfully fails to give or continue a supply of fuel gas of the quality and at the pressure prescribed to premises entitled thereto by this Act, the owner or occupier of which premises has complied with sections 29 to 29B, is liable to forfeit the sum of $100 for each day during which such failure continues unless such failure is authorised by the provisions of section 29B(1). 30 Application to Minister to obtain a supply of fuel gas (1) Any 20 or more persons who are either owners or occupiers of premises situated in or adjacent to a franchise area and who require a supply of fuel gas from that fuel gas supplier for those premises may address an application in the approved form to the Minister whereby— (a) it is stated that such premises are not supplied with fuel gas, could conveniently to such fuel gas supplier be supplied with fuel gas and ought reasonably to be supplied with fuel gas by such fuel gas supplier; and (b) each of such persons undertakes to be a consumer of a quantity of fuel gas speciﬁed therein for at least 12 months commencing on the date a supply of fuel gas to such premises commences. (2) If the Minister is satisfied the return to the fuel gas supplier from the aggregate sales of fuel gas supplied to premises adjacent to a franchise area would be an economic return on the outlay that would be incurred by the supplier in supplying the fuel gas, the Minister may, by gazette notice, extend the franchise area to include the premises. (2A) If the Minister is satisfied of the matters referred to in subsection (2) and the premises in question are in a franchise area (including the case where the franchise area has been extended under subsection (2)), the Minister may, by signed order, direct the fuel gas supplier concerned to lay such pipes, extend such mains and construct all such other works and do all such things, within a time limited by the order, as are necessary for the purpose of supplying fuel gas to premises in the part of the State defined in the order.

s 32 33 s 32 Gas Act 1965 (3) If, within the time limited therefor in the order, the fuel gas supplier concerned has not complied with the order the Minister may cause such work and things to be done as are necessary to carry out the terms of the order. (4) All expense incurred by the Minister in carrying out the terms of the order shall be repaid to the Minister by the fuel gas supplier concerned. (5) A certificate under the hand of the Minister certifying the amount of such expense may be filed in the registry of a court which has jurisdiction in relation to a personal action arising otherwise than out of an accident in which a motor vehicle is involved in which the amount claimed is not more than the amount of such expense required by this Act to be paid by the fuel gas supplier concerned. (6) Such certificate shall, at the time of its being so filed, be endorsed with or be accompanied by a statement of the amount of such expense which the fuel gas supplier thereunto required by this Act has failed to pay and such endorsement or statement shall be verified as correct by the Minister. (7) Upon its being filed as aforesaid such certificate shall be of the same force and effect and all proceedings and remedies for the enforcement thereof with costs may be taken as if such certificate were a judgment of the court in the registry of which such certificate is filed ordering payment of the amount of such expense together with costs. 32 Conservation and utilisation of fuels (1) The Governor in Council may, by gazette notice, direct a fuel gas supplier— (a) to supply a particular type of fuel gas; (b) to use a particular type of feed stock for the purpose of supplying its fuel gas; in lieu of or in addition to any other fuel gas or feed stock as the Governor in Council thinks ﬁt. (2) The Governor in Council shall specify in such a direction a date before which or a period within which the act or thing directed to be done shall be done. (3) A copy of such notification shall be given to the fuel gas supplier concerned.

s 32A 34 Gas Act 1965 s 32B (4) A copy of the gazette containing such a notification shall, upon its production in any proceeding, be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein and that the direction so notified has been duly given. (5) The expression— “feed stock” includes any fuel gas and any substance from which fuel gas can be produced. 32A Minister may direct to ensure continuous supply of fuel gas (1) The Minister may, in writing, direct a fuel gas supplier to do any act or thing which, in the opinion of the Minister, is necessary for the maintenance by the fuel gas supplier of a continuous supply of fuel gas in accordance with the provisions of this Act to all consumers of fuel gas supplied by it or to persons who are entitled, pursuant to this Act, to become such consumers and who have applied in that behalf. (2) The Minister shall specify in such a direction a date before which or a period within which the act or thing directed to be done shall be done. 32B Minister’s powers to ensure satisfactory progress (1) The Minister may at any time by notice in writing require a fuel gas supplier to furnish the Minister with any information within a time specified in such notice with a view to determining if the fuel gas supplier is making satisfactory progress in establishing, maintaining or expanding the business of supplying fuel gas within the scope of a franchise granted to that fuel gas supplier. (2) The fuel gas supplier shall furnish the information referred to in such notice within the time specified therein. (3) Irrespective of whether the Minister seeks information under subsection (1) or whether a fuel gas supplier supplies information, if, in the Minister’s opinion, a fuel gas supplier is not making satisfactory progress in establishing, maintaining or expanding the business of supplying fuel gas within the scope of a franchise granted to that fuel gas supplier (whether or not persons are entitled to apply to be supplied with fuel gas under the provisions of section 32A(1) and whether or not such an application has been made), the Minister may, by notice in writing, call upon the fuel gas supplier to show cause within a period of not less than

s 32C 35 Gas Act 1965 s 33 1 month specified in such notice why the Minister should not direct the fuel gas supplier to do such things— (a) as are speciﬁed in the notice; and (b) as are within the scope of the franchise; and (c) as are directed towards satisfactory progress in establishing, maintaining or expanding the business of supplying fuel gas. (4) If such cause is not shown to the Minister’s satisfaction within the period specified, the Minister may, in writing, direct the fuel gas supplier to do all or any of the things specified in the notice to show cause and such other things as may be incidental or ancillary thereto. (5) The Minister shall specify in the direction a date before which or a period within which the things directed to be done shall be done. 32C Penalty for disobedience to direction A fuel gas supplier which, having been directed by the Governor in Council or by the Minister under section 32, 32A or 32B, fails to comply with such direction before the date or within the period speciﬁed therein commits an offence against this Act and, whether or not any other penalty is imposed in respect thereof, is liable— (a) in the case of a direction given by the Governor in Council—to a penalty of 40 penalty units; or (b) in the case of a direction given by the Minister—to a penalty of 20 penalty units; for each day after the said date or period during which its failure to comply continues. 33 Meters, pipes etc. not subject to distress for rent etc. The meters, pipes, ﬁttings and other property of a fuel gas supplier shall not be— (a) subject to distress for rent of the premises where the same are for the purpose of being used by any consumer; or (b) taken in execution under any process of law against the consumer in whose possession the same may be for the time being; or

s 33A 36 Gas Act 1965 s 33A (c) affected by the sale or other disposal of the premises occupied by any consumer. PART 5—PROVISIONS RELATING TO CONTESTABILITY Division 1—Preliminary 33A Meaning of “contestable consumer” (1) From 1 July 2001 until 31 December 2002, a consumer of gas is a “contestable consumer” for premises if the consumer’s actual consumption of gas at the premises in the previous financial year is at least 100 terajoules. (2) However, if the consumer has not been a consumer at the premises for the whole of the previous financial year or there has been a change that will significantly increase the consumer’s consumption of gas at the premises, the consumer is a contestable consumer for the premises if the consumer’s projected consumption of gas at the premises is at least 100 terajoules. (3) If the gas supplier for the premises does not agree with the consumer’s projected consumption of gas, the Minister must decide the projected consumption. (4) From 1 January 2003, a “contestable consumer” for premises is a consumer who— (a) under subsections (1) to (3), was a contestable consumer for the premises on 31 December 2002; or (b) under division 2, is a contestable consumer for the premises; or (c) has contestable consumer certiﬁcation for the premises; or (d) is, under section 33BI(4), taken to have the certiﬁcation. (5) In this section—

s 33B 37 Gas Act 1965 s 33BA “gas” means natural gas as defined under the Gas Pipelines Access (Queensland) Law, section 2. “gas supplier” means a natural gas supplier. 33B Meaning of “non-contestable consumer” and “new non-contestable consumer” (1) A “non-contestable consumer” is a consumer of gas (other than a contestable consumer) at premises within a franchise area. (2) A consumer is a “new non-contestable consumer” if— (a) the consumer is a non-contestable consumer for premises within a franchise area; and (b) a franchise holder has not previously supplied gas to a consumer at the premises. Division 2—Contestable consumers 33BA New or replacement premises of same registered owner (1) This section applies if— (a) under section 33A, a consumer is a contestable consumer for a premises (the “original premises” ) of the consumer; and (b) the consumer is the registered owner of the lot or lots on which the original premises is situated. (2) The consumer is also a contestable consumer for— (a) a premises of the consumer on the lot or lots that replaces, or substantially replaces, the original premises; and (b) any other premises of the consumer on the lot or lots, other than a premises— (i) existing before the consumer became a contestable consumer for the original premises; and (ii) for which the consumer did not become a contestable consumer when the consumer became a contestable consumer for the original premises.

s 33BB 38 Gas Act 1965 s 33BD 33BB Subsequent registered owner (1) This section applies if— (a) under section 33A, a consumer (the “original consumer” ) is a contestable consumer for a premises (the “original premises” ); and (b) when the original consumer became a contestable consumer for the original premises, the original consumer was the registered owner of the lot or lots on which the premises is situated; and (c) another person (the “new consumer” ) becomes the registered owner of the lot or lots. (2) The new consumer is a contestable consumer for the supply of gas to each premises on the lot or lots, other than a premises— (a) existing before the new consumer became the registered owner of the lot or lots; and (b) for which the original consumer did not become a contestable consumer when the original consumer became a contestable consumer for the original premises. 33BC Contestable consumer remains contestable consumer despite consumption or use If, under this division, a consumer becomes a contestable consumer for a premises, the consumer continues to be a contestable consumer for the premises despite— (a) the actual consumption of gas for the premises; or (b) the purpose for which the premises is used. Division 3—Contestable consumer certiﬁcation Subdivision 1—Application for contestable consumer certiﬁcation 33BD Applying for certiﬁcation (1) A consumer may apply to the relevant fuel gas supplier for contestable consumer certification for any premises of the consumer.

s 33BE 39 Gas Act 1965 s 33BE (2) The application must— (a) be written; and (b) state the applicant’s name and the premises to which the application relates; and (c) be supported by other relevant information, reasonably required by the supplier, to enable it to consider the application. 33BE Deciding application (1) Within 1 month after receiving the information mentioned in section 33BD(2)(c), the relevant fuel gas supplier must decide whether to grant or refuse the application. (2) The supplier must decide to grant the application if satisfied— (a) the consumption of gas, worked out by the supplier, for the premises during a consumption period was the consumption (the “prescribed consumption” ) prescribed under a regulation; or (b) the consumption of gas, estimated by the supplier, for the premises in a future consumption period is the prescribed consumption. (3) If the supplier does not make a decision under subsection (1) within the relevant period, the supplier is taken to have decided to refuse the application. (4) In this section— “consumption period” means any period of 1 year beginning on or after 1 July 2001. “future consumption period” means any period of 1 year, whether beginning before, on or after the commencement of this section, that has not ended. “ relevant period ” means the ﬁrst of the following periods to end— (a) 1 month after the supplier receives the information required by the supplier under section 33BD(2)(c); (b) 3 months after the application was made.

s 33BF 40 Gas Act 1965 s 33BH 33BF Issue of certiﬁcation (1) As soon as practicable after deciding to grant the application, the relevant fuel gas supplier must give the applicant the contestable consumer certification for which the application was made. (2) The certification must be written and state each of the following— (a) the consumer’s name; (b) the premises of the consumer to which the certiﬁcation applies; (c) that the supplier was satisﬁed as required under section 33BE(2). 33BG Refusal of application (1) As soon as practicable after deciding to refuse the application, the relevant fuel gas supplier must give the applicant written notice of the decision. (2) The notice must state each of the following— (a) the decision; (b) the reasons for the decision; (c) that the applicant may, under section 33BH, ask the Minister or a person appointed by the Minister to review the decision. Subdivision 2—Review of decision to refuse contestable consumer certiﬁcation 33BH Consumer may request review (1) This section applies if a relevant fuel gas supplier— (a) decides to refuse a consumer’s application for contestable consumer certiﬁcation; or (b) is taken, under section 33BE(3), to have decided to refuse the application. (2) The consumer may ask the Minister, or a person appointed by the Minister, (the “reviewer” ) to review the decision and make a decision (the “review decision” ) as to whether the application should have been granted.

s 33BI 41 Gas Act 1965 s 33BJ 33BI Procedure for review (1) The reviewer may require the relevant fuel gas supplier or consumer (each a “party to the review” ) to give the reviewer information reasonably required by the reviewer to make the review decision. (2) The reviewer must give the parties to the review a reasonable opportunity to make representations to the reviewer before making the review decision. (3) After considering any representations made by the parties, the reviewer must— (a) make the review decision; and (b) give the parties a written notice stating— (i) the review decision; and (ii) the reasons for the review decision. (4) If the review decision is that the application should have been granted, the consumer is taken to have been given, when the review decision was made, the contestable consumer certiﬁcation for which the application was made. 33BJ Reviewer may seek advice or information (1) To help the reviewer make the review decision, the reviewer may seek advice or information from any other person. (2) The matters the reviewer may take into account in making the review decision include any advice or information obtained under subsection (1) for the decision or another review decision the reviewer has been asked to make. (3) If the reviewer obtains advice or information under subsection (1) for the review decision or, in making the decision, takes into account advice or information the reviewer obtained for another review decision, the reviewer must— (a) if the advice or information is written, give a copy of it to the parties to the review; or (b) if the advice or information is oral, disclose the substance of the advice to the parties.

s 33BK 42 Gas Act 1965 s 33C 33BK Offence about disclosure of advice or information (1) This section applies if, under section 33BJ, the reviewer gives a copy of advice or information, or discloses the substance of advice or information, to a party to the review. (2) The party must not disclose the advice or information to another person unless the party has a reasonable excuse. Maximum penalty—20 penalty units. (3) It is a reasonable excuse for the party to make the disclosure if the disclosure is for the review or an appeal against the review decision. 33BL Review decision binding (1) The review decision binds each party to the review. (2) A party may not apply for a review of, or appeal against, the decision other than under the Judicial Review Act 1991 . Division 4—Other provisions relating to contestability 33C Restriction on constructing and maintaining distribution pipeline (1) A person must not construct or maintain a distribution pipeline for supplying gas to a consumer from outside the premises of the consumer unless— (a) the person is the current holder of the franchise for the area where the pipeline is to be constructed or maintained; or (b) the person is authorised under a regulation to construct or maintain the pipeline; or (c) the pipeline and all associated ﬁttings are contained completely within a single parcel of land; or (d) the premises are contiguous with other premises and— (i) all the premises are occupied by— (A) if the premises consist of lots shown on a building units plan or a group titles plan under the Building Units andGroupTitlesAct1980 —the members of the body corporate for the plan; or

s 33D 43 Gas Act 1965 s 33D (B) if the premises consist of lots included in a community titles scheme under the BodyCorporateandCommunityManagementAct1997 —the members of the body corporate for the scheme; or (C) tenants of the same landlord; and (ii) the pipeline and all associated ﬁttings are contained wholly within the perimeter of the contiguous premises. Maximum penalty—20 penalty units. (2) A person who is convicted of an offence against subsection (1)— (a) commits a continuing offence for each day after the day of conviction while the person continues to construct or maintain a pipe in contravention of subsection (1); and (b) is liable to a penalty of 20 penalty units for each day after conviction while the offence continues; and (c) may be charged in 1 complaint for the offence for a period. (3) For subsection (1)(b), if the pipeline is to be in a franchise area, a regulation may only authorise a person to construct or maintain the pipeline for supplying gas to— (a) a new non-contestable consumer; or (b) a contestable consumer. (4) The authorisation may be given on stated conditions. (5) If the authorisation is given on conditions, the authorisation operates only if the conditions are complied with. (6) In this section— “conviction” includes a plea of guilty or a finding of guilt by a court even though a conviction is not recorded. “distribution pipeline” means a pipe that is a distribution pipeline as deﬁned under the Gas Pipelines Access (Queensland) Law, section 2. “gas” means natural gas as defined under the Gas Pipelines Access (Queensland) Law, section 2. 33D Restriction on sale of gas in franchise area (1) A person must not sell gas in a franchise area to a consumer unless—

77 Gas Act 1965 SCHEDULE 1 (continued) (4) Where a leakage of gas has been classified by the holder as class A, the holder shall commence work on repairs immediately and shall continue that work with expedition until those repairs are completed and the leakage of gas eliminated. (4A) Leakages of gas that shall be classified by the holder as class A include— (a) a blowing leakage of gas (whether detected by hearing, sight or smell); (b) a leakage of gas in or under a building; (c) a leakage of gas in an underground duct, utility hole, subway or other conﬁned space; (d) any other leakage of gas that having regard to the circumstances the holder thinks hazardous. (4B) Where in a case to which subsection (4) applies, the source of the leakage of gas is fittings that are not the property of the holder, the holder may, for the purpose of enabling work on repairs to be undertaken, cut off the supply of gas to those fittings. (5) A leakage of gas that has been classified as potentially hazardous or non-hazardous shall be listed— (a) for repair; or (b) for re-examination of the location at a later date; as the case requires. (5A) A leakage of gas that has been classified as class B and listed for repair shall be repaired within 7 days of the date of investigation unless a further inspection during that period indicates that the leakage may be reclassified and repair thereof deferred. (5B) Leakages of gas to which subsection (5A) applies include— (a) an area of density of leakages that renders a form of collective repair necessary, subject always to consideration of the possibility that individual leakages in this category may justify attention of a higher priority; (b) an indication of a leakage within 2 m of a building where the reading from a vented barhole exceeds 50% LEL and an

78 Gas Act 1965 SCHEDULE 1 (continued) examination has indicated that there is no gas in or under the building; (c) an indication of a leakage within 5 m of a building where there is in the vicinity a medium or high-pressure gas main or service; (d) an indication of a leakage adjacent to a school, hospital or place in which members of the public assemble. (6) Leakages of gas that have been classified as class C and that may be left unrepaired include— (a) an indication of a leakage in an area outside a radius of 30 m from the nearest building where there is no evidence of vegetation decay and vented barhole readings are less than 50% LEL; (b) an indication of a leakage that is considered by the holder not to constitute a hazard and of such a nature as to be left unrepaired until the next survey. (7) For the purposes of subsections (5B) and (6)— “LEL” means lower explosive limit of the gas being measured. “vented barhole” means a barhole that has been vented for a period of at least 3 hours. (8) A holder shall keep records in proper form to the satisfaction of the chief gas examiner of— (a) every report received of a leakage of gas; (b) every inspection, investigation and report made by the holder following receipt of a report of a leakage of gas; (c) the action taken by the holder in respect of every report received of a leakage of gas following an inspection and investigation thereof. (9) A holder who fails to comply with a provision of this section commits an offence against this Act. Maximum penalty—$25 for each day or part thereof during which the failure to comply continues.

79 Gas Act 1965 SCHEDULE 1 (continued) 19 Duty to prevent contamination of water (1) When water which is intended for the use of inhabitants of an area is contaminated or affected by gas of the holder the holder shall forthwith upon learning of such contamination or affection take effectual measures to prevent further such contamination or affection. (1A) The holder who, within 48 hours after learning of such contamination or affection, does not prevent further such contamination or affection shall forfeit and pay to the local government or other authority charged with the control of the supply of water concerned a sum not exceeding $20 for each day or part thereof during which contamination or affection is caused to such water after the expiration of such period of 48 hours. Search for cause of contamination (2) Should a question arise whether water referred to in subsection (1) is or is likely to be contaminated or affected by gas of the holder the local government or other authority charged with the control of the supply of water concerned may by its servants and agents dig to and about the ﬁttings of the holder wherever situated and may examine such ﬁttings whether situated above or below the ground. (3) If it is established that gas of the holder is causing or is likely to cause such contamination or affection the holder shall forfeit and pay to the local government or other authority concerned the expenses incurred in and in connection with such digging and examination and reinstatement of any ground necessitated thereby but otherwise such expenses shall be borne by such local government or other authority which shall also forfeit and pay to the holder a sum in satisfaction for damage occasioned thereby to any fittings of the holder. 20 Holder may cut off supply of gas (1) When a person who has consumed gas of the holder in any place— (a) pursuant to an agreement with the holder; or (b) without lawful authority; fails to pay to the holder the price of such gas within 7 days after demand therefor has been made upon the person by the holder, the holder may,

80 Gas Act 1965 SCHEDULE 1 (continued) subject, in the case referred to in paragraph (a), to the terms of the agreement, cut off the supply of gas to such place. (2) Subsection (1) shall not be construed to prejudice any other right or remedy of the holder to recover the price of such gas. 21 Obstruction prohibited (1) A person shall not obstruct or hinder the holder or the holder’s servants or agents a local government or other authority, its servants or agents in the exercise or performance by the person, it or them of any power or duty conferred or imposed by this schedule. Maximum penalty—$100. (2) A person convicted of a contravention of the provisions of this section shall, whether or not any other penalty is imposed upon the person, forfeit and pay to the holder the local government or, as the case may be, other authority the amount of any loss or damage occasioned to the holder or it by such contravention. 22 Power of court to assess forfeitures Where by this schedule it is prescribed that an indeterminate sum shall be forfeited and paid to any person it is implied that a court seised of a matter in issue giving rise to such forfeiture may assess the amount to be so forfeited and paid and may order the forfeiture and payment of the amount so assessed. 23 Holder’s right to refuse to supply gas restricted (1) The holder shall not refuse to supply gas to a person for the reason that such person is using or is contemplating the use of any other method of lighting, heating or power in substitution for or in combination with gas. (1A) A person who alleges that a refusal of the holder to supply the person with gas is in contravention of this section may by way of summary proceeding under the JusticesAct1886 , cause a Magistrates Court to inquire into the reason for such refusal and, if such court is satisfied that such refusal is in contravention of this section, it shall order the holder to

81 Gas Act 1965 SCHEDULE 1 (continued) supply and to continue to supply such person with gas until lawful cause to discontinue such supply exists. (1B) The holder who fails to comply with such an order within 30 days after the making thereof or, where a period for compliance is therein limited, within such period, commits an offence against this Act and is liable to a penalty of $25 for each day thereafter during which the holder fails to supply such person. (2) A proceeding for an inquiry under this section shall be instituted in the Magistrates Court constituted for the district in which are situated the premises in respect of which a supply of gas has been refused. 24 Prohibition of differential terms If the holder supplies gas to any consumer the holder shall supply it on the same terms as those on which any other consumer is entitled under similar circumstances to a similar supply of gas from such holder.

82 Gas Act 1965 SCHEDULE 2 PURPOSES FOR WHICH REGULATIONS MAY BE MADE section 64 1. Providing for and regulating the powers, duties and authorities of a gas examiner and any person or holder of an appointment authorised under this Act to administer this Act. 2. Providing for and regulating the testing, examination and stamping of meters, the registration and regulation of meters and the installation of meters upon consumers’ premises. 3. Providing for and regulating the installation of fittings including regulating the type thereof, the manner of their installation, rectification of defects in fittings or their installation, the payment of the costs of such rectification and the persons who may install fittings and providing for a system of licensing such persons (including the specification of types of licences and qualifications therefor, who may sponsor a licensee, the duties and responsibilities of a sponsor and the recognition, cancellation and revocation of gasfitter’s licences issued under the SewerageandWaterSupply Act 1949 ) and the control and discipline of licensed persons. 4. Providing for and regulating the composition, characteristics and quality of gas and the pressure at which it is to be supplied. 5. Providing for and regulating the safe storage, handling and transport of gas and the maintenance of plant and fittings used, designed or intended for use in or in connection with the production, treatment, storage, handling and transport of gas. 6. Providing for and regulating the construction, marketing, and maintenance of fittings. 6A. Providing for the regular inspection of fittings and the issue of certificates of compliance with the standards prescribed for those fittings. 6B. Providing for the control and regulation of the dealing in (including selling, disposing and transferring) fittings.

83 Gas Act 1965 SCHEDULE 2 (continued) 7. Providing for the places and methods for the testing of gas and the apparatus to be used therein. 8. Providing for the location, arrangement and requirements of installations to be used for the purpose of storing, distributing or filling containers with liquefied petroleum gas and the conditions upon which such gas may be supplied. 9. Providing for records to be kept by gas suppliers and the furnishing of information to the chief gas examiner in respect thereof and of meters used by such suppliers for the purpose of the supply and consumption of gas. 10. Providing for returns and information to be furnished to the chief gas examiner, forms to be used and fees to be paid for the purposes of this Act. 11. Providing for the approval of any supply charges or security deposits demandable by gas suppliers and regulating the terms and conditions upon which such deposits are to be held. 12. Providing for and regulating the presentation to consumers of accounts for gas supplied by a gas supplier, the contents of such accounts and payment thereof. 12A. Providing for the registration of persons as agents or distributors of the grantees of gas suppliers’ licences, the qualifications necessary to be had for registration and the suspension and cancellation of that registration. 13. Providing for exemptions from compliance with the regulations or part thereof.

84 Gas Act 1965 ENDNOTES 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .84 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .84 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .85 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .85 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .85 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .88 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 November 2002. Future amendments of the Gas Act 1965 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = deﬁnition = division = expires/expired = gazette = heading = inserted = lapsed = notiﬁed = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No.[X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered

85 Gas Act 1965 4 Table of earlier reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of earlier reprints, see the latest reprint. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. TABLE OF EARLIER REPRINTS Reprint No. 1 2 2A 2B 2C 2D 2E 3 3A Amendments included to Act No. 87 of 1994 to Act No. 58 of 1995 to Act No. 28 of 1997 to Act No. 71 of 1997 to Act No. 28 of 1998 to Act No. 46 of 2000 to Act No. 45 of 2001 to Act No. 53 of 2001 to Act No. 83 of 2001 Effective 1 December 1994 28 November 1995 13 July 1997 1 December 1997 18 May 2000 25 October 2000 15 July 2001 16 August 2001 3 December 2001 Reprint date 22 December 1994 30 November 1995 15 August 1997 5 December 1997 23 May 2000 10 November 2000 20 July 2001 5 September 2001 11 December 2001 5 Tables in earlier reprints TABLES IN EARLIER REPRINTS Name of table Changed citations and remade laws Changed names and titles Obsolete and redundant provisions Renumbered provisions Reprint No. 1 1 1 1 6 List of legislation Gas Act 1965 No. 68 date of assent 24 December 1965 commenced 1 July 1966 (proc pubd gaz 25 June 1966 p 1116) amending legislation— Gas Act Amendment Act 1966 No. 34 date of assent 21 December 1966 commenced on date of assent Gas Acts Amendment Act 1967 No. 33 date of assent 15 November 1967 commenced on date of assent

86 Gas Act 1965 Gas Act Amendment Act 1971 No. 5 date of assent 14 April 1971 commenced on date of assent Metric Conversion Act 1972 No. 31 pt 2 sch 1 date of assent 21 December 1972 commenced 15 July 1976 (proc pubd gaz 17 July 1976 p 1616) Gas Act Amendment Act 1974 No. 10 date of assent 18 April 1974 commenced on date of assent Gas Act Amendment Act 1976 No. 35 date of assent 28 April 1976 commenced on date of assent Gas Act Amendment Act 1981 No. 39 date of assent 20 May 1981 commenced on date of assent Gas Act Amendment Act 1981 (No. 2) No. 108 date of assent 16 December 1981 commenced on date of assent Gas Act Amendment Act 1985 No. 75 date of assent 23 October 1985 commenced on date of assent Gas Act Amendment Act 1988 No. 9 date of assent 7 April 1988 ss 1–2 commenced on date of assent ss 3, 7–9, 11–15, 27, 32–34, 37, 43, 45–50 commenced 28 May 1988 (proc pubd gaz 28 May 1988 pp 720–1) remaining provisions commenced 1 August 1988 (proc pubd gaz 2 July 1988 p 2620) Statute Law (Miscellaneous Provisions) Act 1989 No. 103 s 3 sch date of assent 25 October 1989 commenced on date of assent Gas Act Amendment Act 1990 No. 66 date of assent 19 September 1990 ss 1–2 commenced on date of assent remaining provisions commenced 13 October 1990 (proc pubd gaz 13 October 1990 p 792) Statute Law (Miscellaneous Provisions) Act (No. 2) 1994 No. 87 ss 1–3 sch 1 date of assent 1 December 1994 commenced on date of assent (see s 2) Statute Law Revision Act 1995 No. 57 ss 1–2, 4 sch 1 (as amd Statute Law RevisionAct (No. 2) 1995 No. 58 ss 1–2, 4 sch 1) date of assent 28 November 1995 commenced on date of assent

87 Gas Act 1965 Statute Law Revision Act (No. 2) 1995 No. 58 ss 1–2, 4 sch 2 date of assent 28 November 1995 commenced on date of assent Body Corporate and Community Management Act 1997 No. 28 ss 1–2, 295 sch 3 date of assent 22 May 1997 ss 1–2 commenced on date of assent remaining provisions commenced 13 July 1997 (1997 SL No. 210) Petroleum and Gas Legislation Amendment Act 1997 No. 71 pt 4, sch date of assent 1 December 1997 commenced on date of assent Gas Pipelines Access (Queensland) Act 1998 No. 28 ss 1–2 pt 7 div 2 (this Act is amended, see amending legislation below) date of assent 18 May 1998 ss 1–2 commenced on date of assent remaining provisions commenced 18 May 2000 (automatic commencement under AIA s 15DA(2)) (1999 No. 86 s 2) amending legislation— ElectricityandGasLegislation Amendment Act1999 No. 82 ss 1, 5, 7 (amends 1998 No. 28 above) date of assent 14 December 1999 commenced on date of assent Statute Law (Miscellaneous Provisions) Act 2000 No. 46 ss 1, 3 sch date of assent 25 October 2000 commenced on date of assent Corporations (Ancillary Provisions) Act 2001 No. 45 ss 1–2, 29 sch 3 date of assent 28 June 2001 ss 1–2 commenced on date of assent sch 3 commenced 15 July 2001 (see s 2(2) of Act 2001 No. 45 (Qld) and CorporationsAct2001 No. 50 (Cwlth) and proc pubd Cwlth of Australia gaz 13 July 2001, No. S285 remaining provision commenced immediately before 15 July 2001 (see s 2(1) of Act 2001 No. 45 (Qld) and Corporations Act 2001 No. 50 (Cwlth) and proc pubd Cwlth of Australia gaz 13 July 2001, No. S285) Gas Amendment Act 2001 No. 53 date of assent 16 August 2001 commenced on date of assent Gas Amendment Act (No. 2) 2001 No. 83 date of assent 3 December 2001 commenced on date of assent Treasury Legislation Amendment Act 2002 No. 56 ss 1–2(1), pt 4 date of assent 1 November 2002 ss 1–2 commenced on date of assent remaining provisions commenced on date of assent (see s 2(1))

88 Gas Act 1965 7 List of annotations Title sub 1990 No. 66 s 3 Short title s 1 amd 1995 No. 57 s 4 sch 1 Relationship to prescribed Acts s 2 amd 1967 No. 33 s 2; 1971 No. 5 s 2; 1972 No. 31 s 6 sch 1; 1988 No. 9 s 4 sub 1990 No. 66 s 4 amd 2001 No. 83 s 3 Act inapplicable in certain case s 2A ins 1990 No. 66 s 4 Arrangement of Act s 3 amd 1971 No. 5 s 3; 1976 No. 35 s 2; 1988 No. 9 s 5; 1990 No. 66 s 5 om R1 (see RA s 36) Repeals and savings s 4 amd R1 (see RA s 40) om 1997 No. 71 s 1 sch Further repeals s 4A ins 1990 No. 66 s 6 om R1 (see RA s 40) Deﬁnitions prov hdg amd 1997 No. 71 s 1 sch s 5 amd 1988 No. 9 s 6(a)(i), (b) def “approved form” ins 1995 No. 57 s 4 sch 1 def “Area” amd 1971 No. 5 s 4 om 1988 No. 9 s 6(a)(ii) def “British Thermal unit” or “B.T.U.” om 1972 No. 31 s 6 sch 1 def “bulk liqueﬁed petroleum gas” or “bulk L.P. gas” amd 1972 No. 31 s 6 sch 1; 1988 No. 9 s 6 (a)(iii) def “Caloriﬁc value” om 1972 No. 31 s 6 sch 1 def “caravan” ins 1988 No. 9 s 6(a)(iv) def “carburetted water gas” amd 1976 No. 35 s 3(a) def “chief gas examiner” ins 1976 No. 35 s 3(b) def “coal gas” amd 1976 No. 35 s 3(c) def “contestable consumer” ins 1998 No. 28 s 64 amd 2001 No. 83 s 4(1) def “contestable consumer certiﬁcation” ins 2002 No. 56 s 12(2) def “Cylinder” om 1976 No. 35 s 3(d) def “dry basis” om 2002 No. 56 s 12(1) def “dry type meter” om 2002 No. 56 s 12(1) def “ﬁttings” amd 1976 No. 35 s 3(e) def “franchise” amd 1976 No. 35 s 3(f) sub 1988 No. 9 s 6(a)(v) def “franchise area” ins 1988 No. 9 s 6(a)(vi) def “fuel gas” ins 1990 No. 66 s 7(a) amd 1995 No. 57 s 4 sch 1

89 Gas Act 1965 def “fuel gas supplier” ins 1990 No. 66 s 7(a) amd 1995 No. 57 s 4 sch 1 def “gas” amd 1976 No. 35 s 3(g) sub 1990 No. 66 s 7(a) amd 1995 No. 57 s 4 sch 1 def “gas examiner” amd 1988 No. 9 s 6(a)(vii) def “gas supplier” sub 1988 No. 9 s 6(a)(viii); 1990 No. 66 s 7(b) def “gas terminal” ins 1990 No. 66 s 7(b) amd 1995 No. 57 s 4 sch 1 def “Gas undertaking” amd 1985 No. 75 s 2 om 1988 No. 9 s 6(a)(ix) def “gas works” sub 1988 No. 9 s 6(a)(x) amd 1990 No. 66 s 7(c) def “heating value” ins 1972 No. 31 s 6 sch 1 om 2002 No. 56 s 12(1) def “industrial and commercial” om 2002 No. 56 s 12(1) def “justice” om R1 (see RA s 39) def “Liqueﬁed petroleum gas terminal” ins 1988 No. 9 s 6(a)(xi) om 1990 No. 66 s 7(d) def “local government” om 1995 No. 57 s 4 sch 1 def “lot” ins 2002 No. 56 s 12(2) def “measured gas” om 2002 No. 56 s 12(1) def “Metal working” ins 1966 No. 34 s 2 om 1990 No. 66 s 7(e) def “Minister” sub 1988 No. 9 s 6(a)(xii); 1990 No. 66 s 7(f) om R1 (see RA s 39) def “new non-contestable consumer” ins 2002 No. 56 s 12(2) def “non-contestable consumer” ins 1998 No. 28 s 64 amd 2001 No. 83 s 4(2) def “Part” om R1 (see RA s 39) def “party to the review” ins 2002 No. 56 s 12(2) def “pipe” sub 1990 No. 66 s 7(g) def “Pound avoirdupois” om 1972 No. 31 s 6 sch 1 def “private purposes” amd 1975 No. 35 s 3(h) om 2002 No. 56 s 12(1) def “P.S.I.G.” om 1972 No. 31 s 6 sch 1 def “Public purposes” om 1975 No. 35 s 3(i) def “qualiﬁed person” sub 1988 No. 9 s 6(a)(xiii) def “registered owner” ins 2002 No. 56 s 12(2) def “relevant fuel gas supplier” ins 2002 No. 56 s 12(2) def “relief device” om 2002 No. 56 s 12(1) def “reticulation system” ins 1988 No. 9 s 6(a)(xiv) amd 1990 No. 66 s 7(h) def “review decision” ins 2002 No. 56 s 12(2) def “reviewer” ins 2002 No. 56 s 12(2) def “speciﬁc gravity” om 2002 No. 56 s 12(1) def “Standard cubic foot of gas” om 1972 No. 31 s 6 sch 1 def “Standard cubic foot of gas (saturated)” om 1972 No. 31 s 6 sch 1

90 Gas Act 1965 def “standard cubic metre of gas” ins 1972 No. 31 s 6 sch 1 amd 1988 No. 9 s 6(a)(xv) om 2002 No. 56 s 12(1) def “standard cubic metre of gas (saturated)” ins 1972 No. 31 s 6 sch 1 amd 1988 No. 9 s 6(a)(xvi) om 2002 No. 56 s 12(1) def “Station meter” om 1990 No. 66 s 7(i) def “supply charge” ins 1997 No. 71 s 1 sch def “tolling arrangement” ins 1988 No. 9 s 6(a)(xvii) om 2002 No. 56 s 12(1) def “Unaccounted for gas” amd 1988 No. 9 s 6(a)(xviii) om 1990 No. 66 s 7(j) Meaning of “supply charge” s 5A ins 1997 No. 71 s 23 Administration s 6 amd 1966 No. 34 s 3 sub 1988 No. 9 s 7 amd 1990 No. 66 s 8 Minister may appoint advisory committees s 6A ins 1990 No. 66 s 9 Appointment of ofﬁcers s 7 sub 1988 No. 9 s 8 Power to delegate s 7A ins 1976 No. 35 s 4 amd 1988 No. 9 s 9; 1995 No. 57 s 4 sch 1 Powers of inspection etc. s 8 amd 1967 No. 33 s 3; 1971 No. 5 s 5; 1976 No. 35 s 5; 1988 No. 9 s 10; 1995 No. 57 s 4 sch 1 Obstruction of gas examiners s 10 amd 1988 No. 9 s 11 Notiﬁcation of accidents s 10A ins 1971 No. 5 s 6 amd 1976 No. 35 s 6; 1988 No. 9 s 12; 1995 No. 57 s 4 sch 1 Fees payable in all cases s 10B ins 1971 No. 5 s 7 Protection for acts done in the execution of this Act s 10C ins 1971 No. 5 s 8 amd 1988 No. 9 s 13 Inquiries into accidents s 10D ins 1988 No. 9 s 14 amd 1995 No. 57 s 4 sch 1 Relationship of pt 3 and sch 1 to Gas Pipelines Access (Queensland) Law s 11 prev s 11 sub 1988 No. 9 s 15

91 Gas Act 1965 om 1994 No. 87 s 3 sch 1 pres s 11 ins 1998 No. 28 s 66 om 2001 No. 83 s 7 Cessation of certain franchises s 11A ins 1988 No. 9 s 16 om 1994 No. 87 s 3 sch 1 Sole right to supply LP gas s 11B ins 1988 No. 9 s 17 om 1994 No. 87 s 3 sch 1 Application for and grant of franchise s 12 amd 1985 No. 75 s 3; 1988 No. 9 s 18; 1990 No. 66 s 10; 1994 No. 87 s 3 sch 1 Special conditions on franchise s 12A ins 1990 No. 66 s 11 amd 1994 No. 87 s 3 sch 1 Offence in relation to franchise areas prov hdg amd 1985 No. 75 s 4(a); 1990 No. 66 s 12(a) s 13 amd 1971 No. 5 s 9; 1976 No. 35 s 23(1) sch; 1985 No. 75 s 4(b)–(c) sub 1988 No. 9 s 19 amd 1990 No. 66 s 12(b)–(c) Authorisation to supply gas in special cases s 14 sub 1988 No. 9 s 20 om 1990 No. 66 s 13 Restriction on supply of gas outside franchise area s 14A ins 1988 No. 9 s 21 om 1990 No. 66 s 13 Cancellation of franchise s 15 amd 1988 No. 9 s 22; 1990 No. 66 s 14; 1994 No. 87 s 3 sch 1 Effect of cancellation of franchise s 17 amd 1988 No. 9 s 23; 1995 No. 57 s 4 sch 1 Restriction on disposal of reticulation system prov hdg amd 1988 No. 9 s 24(a) s 18 amd 1988 No. 9 s 24(b); 1990 No. 66 s 15; 1994 No. 87 s 3 sch 1 Surrender of franchise s 19 amd 1990 No. 66 s 16; 1994 No. 87 s 3 sch 1 Provisions applicable to a reticulation system prov hdg amd 1985 No. 75 s 5(a); 1988 No. 9 s 25(a) s 20 amd 1971 No. 5 s 10; 1985 No. 75 s 5(b)–(c); 1988 No. 9 s 25(b)–(c); 1990 No. 66 s 17; 1995 No. 57 s 4 sch 1; 1997 No. 71 s 1 sch; 1998 No. 28 s 67; 2001 No. 83 s 8 Mode of grant, &c., of franchise s 21 om 1990 No. 66 s 18

92 Gas Act 1965 Power to vary franchise areas prov hdg amd 1988 No. 9 s 26(a) s 22 amd 1988 No. 9 s 26(b) om 1990 No. 66 s 18 PART 4—FUEL GAS SUPPLIED UNDER A FRANCHISE pt hdg sub 1976 No. 35 s 7 amd 1990 No. 66 s 30 Application of this part s 23 amd 1976 No. 35 s 8; 1990 No. 66 s 30 Quality and pressure of gas s 24 om 1988 No. 9 s 27 Provision for insufﬁciency of supply s 25 renum as s 40A 1971 No. 5 s 14(b) Forfeiture by fuel gas supplier for insufﬁciency of supply prov hdg amd 1988 No. 9 s 28(a); 1990 No. 66 s 30 s 26 amd 1966 No. 34 s 6 sch; 1971 No. 5 s 12; 1976 No. 35 s 23(1) sch; 1988 No. 9 s 28(b)–(e); 1990 No. 66 s 30 Person in charge of gas works to be qualiﬁed s 27 renum as s 52 1990 No. 66 s 19(a) Duty of fuel gas supplier to supply consumers prov hdg amd 1990 No. 66 s 30 s 28 amd 1967 No. 33 s 4; 1972 No. 31 s 6 sch 1; 1976 No. 35 s 9; 1988 No. 9 s 29; 1990 No. 66 s 30; 1997 No. 71 s 24; 1997 No. 71 s 1 sch Request for fuel gas supply prov hdg amd 1988 No. 9 s 30(a); 1990 No. 66 s 30 s 29 amd 1966 No. 34 s 6 sch; 1974 No. 10 s 2; 1976 No. 35 s 23(1) sch; 1988 No. 9 s 30(b); 1990 No. 66 s 30; 1995 No. 57 s 4 sch 1 s 29(2)–(3) renum as 29A 1995 No. 58 s 4 sch 2 s 29(4)–(4A) renum as 29B 1995 No. 58 s 4 sch 2 s 29(5) renum as 29C 1995 No. 58 s 4 sch 2 sub 1997 No. 71 s 25 Consumer’s liability for supply charges s 29A new s 29A (prev s 29(2)–(3)) renum 1995 No. 58 s 4 sch 1 sub 1997 No. 71 s 25 Security for supply or supply charges s 29AA ins 1997 No. 71 s 25 Discontinuance of supply s 29B new s 29B (prev s 29(4)–(4A)) renum 1995 No. 58 s 4 sch 1 amd 1997 No. 71 s 1 sch Forfeiture where unauthorised discontinuance of supply s 29C new s 29C (prev s 29(5) renum 1995 No. 58 s 4 sch 1 amd 1997 No. 71 s 1 sch

93 Gas Act 1965 Application to Minister to obtain a supply of fuel gas prov hdg amd 1990 No. 66 s 30 s 30 amd 1966 No. 34 s 6 sch; 1988 No. 9 s 31; 1990 No. 66 s 30; 1994 No. 87 s 3 sch 1; 1995 No. 57 s 4 sch 1 Measurement of gas s 31 amd 1966 No. 34 s 6 sch; 1976 No. 35 s 10; 1976 No. 35 s 23(1) sch; 1988 No. 9 s 32 om 1990 No. 66 s 20 Conservation and utilisation of fuels s 32 amd 1966 No. 34 s 6 sch; 1976 No. 35 ss 11, 23(1) sch; 1988 No. 9 s 33; 1990 No. 66 s 30; 1995 No. 57 s 4 sch 1 s 32(2)–(2AA) renum as s 32A(1)–(2) 1995 No. 57 s 4 sch 1 s 32(2A)–(2E) renum as s 32B(1)–(5) 1995 No. 57 s 4 sch 1 s 32(3) renum as s 32C 1995 No. 57 s 4 sch 1 Minister may direct to ensure continuous supply of fuel gas s 32A new s 32A (prev s 32(2)–(2AA)) renum 1995 No. 57 s 4 sch 1 Minister’s powers to ensure satisfactory progress s 32B new s 32B (prev s 32(2A)–(2E)) renum 1995 No. 57 s 4 sch 1 Penalty for disobedience to direction s 32C new s 32C (prev s 32(3)) renum 1995 No. 57 s 4 sch 1 Meters, pipes etc. not subject to distress for rent etc. s 33 amd 1988 No. 9 s 34; 1990 No. 66 s 30; 1995 No. 57 s 4 sch 1; 2001 No. 45 s 29 sch 3 PART 5—PROVISIONS RELATING TO CONTESTABILITY pt hdg prev pt 5 hdg sub 1988 No. 9 ss 35(a), 36 exp 30 June 1995 (see s 34) pres pt 5 hdg ins 2001 No. 83 s 9 Division 1—Preliminary div hdg ins 2002 No. 56 s 16(1) Meaning of “contestable consumer” s 33A (prev s 5B) ins 1998 No. 28 s 65 (as amd 1999 No. 82 s 7(1)) amd 2000 No. 46 s 3 sch; 2001 No. 53 s 3 renum and reloc 2001 No. 83 s 5 amd 2002 No. 56 s 13 Meaning of “non-contestable consumer” and “new non-contestable consumer” prov hdg amd 2002 No. 56 s 14(1) s 33B (prev s 5C) ins 1998 No. 28 s 65 (as amd 1999 No. 82 s 7(2)–(3)) amd 2000 No. 46 s 3 sch; 2001 No. 53 s 4; 2001 No. 83 s 6(1) renum and reloc 2001 No. 83 s 6(2) amd 2002 No. 56 s 14(2)–(3) Division 2—Contestable consumers div 2 (ss 33BA–33BC) ins 2002 No. 56 s 15

94 Gas Act 1965 Division 3—Contestable consumer certiﬁcation div hdg ins 2002 No. 56 s 15 Subdivision 1—Application for contestable consumer certiﬁcation sdiv 1 (ss 33BD–33BG) ins 2002 No. 56 s 15 Subdivision 2—Review of decision to refuse contestable consumer certiﬁcation sdiv 2 (ss 33BH–33BL) ins 2002 No. 56 s 15 Division 4—Other provisions relating to contestability div hdg ins 2002 No. 56 s 16(2) Restriction on constructing and maintaining distribution pipeline s 33C (prev s 52D) ins 1998 No. 28 s 69 renum and reloc 2001 No. 83 s 10 Restriction on sale of gas in franchise area s 33D (prev s 52E) ins 1998 No. 28 s 69 renum and reloc 2001 No. 83 s 10 Market operating arrangements in natural gas market s 33E ins 2001 No. 83 s 9 Tabling and inspection of code of conduct s 33F ins 2001 No. 83 s 9 Termination of this part s 34 amd 1985 No. 75 s 6 sub 1988 No. 9 ss 35(b), 36 exp 30 June 1995 (see s 34) Gas supplier to be licensed s 35 sub 1988 No. 9 ss 35(b), 36 amd 1990 No. 66 s 21 exp 30 June 1995 (see s 34) Granting of gas supplier’s licence s 36 sub 1988 No. 9 ss 35(b), 37 exp 30 June 1995 (see s 34) Contents of licences s 37 amd 1972 No. 31 s 6 sch 1 sub 1988 No. 9 ss 35(b), 37 amd 1990 No. 66 s 22 exp 30 June 1995 (see s 34) Licence fee s 38 sub 1988 No. 9 ss 35(b), 37 exp 30 June 1995 (see s 34) Cancellation of licence s 39 amd 1971 No. 5 s 13; 1972 No. 31 s 6 sch 1; 1976 No. 35 s 12 sub 1988 No. 9 ss 35(b), 38 exp 30 June 1995 (see s 34)

95 Gas Act 1965 Surrender, transfer etc. of licence s 40 amd 1966 No. 34 s 6 sch; 1976 No. 35 sch sub 1988 No. 9 ss 35(b), 38 exp 30 June 1995 (see s 34) PART VIA—INSUFFICIENCY OF SUPPLY OF GAS pt hdg ins 1971 No. 5 s 14(a) om 1988 No. 9 s 35(a) Provision for insufﬁciency of supply s 40A pres s 40A (prev s 25) renum 1967 No. 5 s 14(b) amd 1966 No. 34 s 6 sch amd 1976 No. 35 s 23(1) sch om 1988 No. 9 s 35(b) Penalty for breach of licence conditions s 41 amd 1976 No. 35 s 14 sub 1988 No. 9 ss 35(b), 38 exp 30 June 1995 (see s 34) PART 6—SUFFICIENCY OF SUPPLY OF FUEL GAS pt hdg sub 1988 No. 9 ss 35(a), 39 amd 1990 No. 66 s 30 Application of part s 42 sub 1988 No. 9 ss 35(b), 39 amd 1990 No. 66 s 30 Allocation of fuel gas resources prov hdg amd 1990 No. 66 s 30 s 43 amd 1966 No. 34 s 6 sch; 1967 No. 33 s 5 sub 1974 No. 10 s 3 amd 1976 No. 35 s 15; 1976 No. 35 sch sub 1988 No. 9 ss 35(b), 39 amd 1990 No. 66 s 30 om 1997 No. 71 s 26 Conduct of business by gas supplier s 43A ins 1974 No. 10 s 4 om 1988 No. 9 s 35(b) Directions by Minister as to certain dealings by a gas supplier s 43B ins 1974 No. 10 s 4 amd 1976 No. 35 s 23(1) sch om 1988 No. 9 s 35(b) Provision for insufﬁciency of supply s 44 amd 1967 No. 33 s 6 sub 1988 No. 9 ss 35(b), 39 amd 1990 No. 66 ss 23, 30; 1995 No. 57 s 4 sch 1 PART 7—THE GAS TRIBUNAL pt hdg sub 1976 No. 35 s 13; 1988 No. 9 ss 35(a), 40

96 Gas Act 1965 Application of this part s 45 amd 1966 No. 34 ss 4, 6 sch; 1967 No. 33 s 7; 1974 No. 10 s 5; 1981 No. 39 s 2; 1981 No. 108 s 2 sub 1988 No. 9 ss 35(b), 40 amd 1990 No. 66 s 30 Eligibility of members s 46 prev s 46 om 1974 No. 10 s 6 pres s 46 ins 1988 No. 9 s 40 Gas Tribunal inquiry s 47 amd 1974 No. 10 s 7 sub 1988 No. 9 ss 35(b), 40 Conﬁdentiality of information s 48 sub 1988 No. 9 ss 35(b), 41 Authorities of the Gas Tribunal s 49 sub 1988 No. 9 ss 35(b), 41 amd 1990 No. 66 s 30 Inquiry into fuel gas prices prov hdg amd 1990 No. 66 s 30 s 50 sub 1988 No. 9 ss 35(b), 42 amd 1989 No. 103 s 3 sch; 1990 No. 66 s 30 Fixing of prices and charges s 51 amd 1966 No. 34 s 6 sch; 1967 No. 33 s 8; 1976 No. 35 ss 16, 23(1) sch sub 1988 No. 9 ss 35(b), 42 amd 1990 No. 66 s 30; 1995 No. 57 s 4 sch 1 PART 7A—TAKING OF EASEMENTS pt hdg ins 1990 No. 66 s 24 Deﬁnition s 51A ins 1974 No. 10 s 8 prev s 51A om 1988 No. 9 s 35(b) pres s 51A ins 1990 No. 66 s 24 Constitution of corporation s 51B ins 1974 No. 10 s 8 prev s 51B om 1988 No. 9 s 35(b) pres s 51B ins 1990 No. 66 s 24 Corporation a constructing authority s 51C ins 1990 No. 66 s 24 Power of corporation to take easement s 51D ins 1990 No. 66 s 25 Compensation and expenses payable by person for whose beneﬁt easement taken s 51E ins 1990 No. 66 s 25 Rights of beneﬁted person s 51F ins 1990 No. 66 s 25

97 Gas Act 1965 PART 8—MISCELLANEOUS pt hdg amd 1995 No. 57 s 4 sch 1 Person in charge of gas works to be qualiﬁed s 52 amd 1967 No. 33 s 9 prev s 52 om 1988 No. 9 s 43 pres s 52 (prev s 27) renum 1990 No. 66 s 19(a) amd 1990 No. 66 s 19(b)–(c); R1 (see RA s 39) Measurement of fuel gas s 52A ins 1990 No. 66 s 26 Supply of gas through meters s 52B ins 1990 No. 66 s 26 amd 1995 No. 57 s 4 sch 1 Restriction on constructing and maintaining pipe s 52C ins 1990 No. 66 s 26 amd 1995 No. 57 s 4 sch 1; 1997 No. 28 s 295 sch 3; 1998 No. 28 s 68 Use of meters etc. restricted s 53 amd 1988 No. 9 s 44 Use of large containers of another without permission prohibited s 53A ins 1988 No. 9 s 45 amd 1990 No. 66 s 30 Unauthorised interference with meters or ﬁttings prohibited s 54 amd 1966 No. 34 s 6 sch; 1976 No. 35 s 23(1) sch Returns s 59 amd 1988 No. 9 s 46 sub 1995 No. 57 s 4 sch 1 Approval of forms s 59A ins 1995 No. 57 s 4 sch 1 Regulations s 60 amd 1995 No. 57 s 4 sch 1 reloc as s 64 1995 No. 57 s 4 sch 1 Provisions to ensure standards and safety requirements complied with s 60A ins 1976 No. 35 s 18 amd 1989 No. 103 s 3 sch; 1997 No. 71 s 1 sch Provisions with respect to defective or dangerous ﬁttings s 60B ins 1976 No. 35 s 18 amd 1990 No. 66 s 28 Standards of gas s 60C ins 1988 No. 9 s 47 Penalties s 61 amd 1966 No. 34 s 6 sch; 1971 No. 5 s 15; 1976 No. 35 s 19; 1976 No. 35 s 23(1) sch; 1988 No. 9 s 48

98 Gas Act 1965 Power of court to order cause of contravention to be remedied s 61A ins 1976 No. 35 s 20 amd 1988 No. 9 s 49 Evidentiary provisions s 62 amd 1971 No. 5 s 16; 1988 No. 9 s 50; 1995 No. 57 s 4 sch 1 Laying of complaint; service of analyst’s certiﬁcate s 63 amd 1971 No. 5 s 17; 1988 No. 9 s 51; 1997 No. 71 s 1 sch Regulation-making power prov hdg amd 1997 No. 71 s 1 sch s 64 prev s 64 amd 1971 No. 5 s 18 sub 1974 No. 10 s 9 om 1995 No. 57 s 4 sch 1 new s 64 (prev s 60) amd 1976 No. 35 s 17; 1990 No. 66 s 27; 1995 No. 57 s 4 sch 1 reloc 1995 No. 57 s 4 sch 1 amd 1997 No. 71 s 1 sch; 1998 No. 28 s 70; 2001 No. 83 s 11 PART 9—TRANSITIONAL pt hdg ins 1995 No. 57 s 4 sch 1 om 1997 No. 71 s 1 sch Approved forms s 65 sub 1990 No. 66 s 29; 1995 No. 57 s 4 sch 1 amd 1995 No. 58 s 4 sch 1 exp 28 February 1996 (see s 65(3)) SCHEDULE 1—ACTS REPEALED BY THIS ACT sch om R1 (see RA s 40) SCHEDULE 1A sch ins 1990 No. 66 s 31 om R1 (see RA s 40) SCHEDULE 1—PROVISIONS APPLICABLE TO THE ESTABLISHMENT AND MAINTENANCE OF A GAS UNDERTAKING pres sch 1 (prev sch 2) renum 1997 No. 71 s 1 sch Power of acquisition s 3 amd 2001 No. 45 s 29 sch 3 Execution against holder’s property restricted s 4 amd 2001 No. 45 s 29 sch 3 Authority to dispense with corporate seal s 6 amd 2001 No. 45 s 29 sch 3 Powers of holder to erect structures and install ﬁttings s 8 amd 1967 No. 33 s 10; 1971 No. 5 s 19(a); 1972 No. 31 s 6 sch 1; 1974 No. 10 s 10(a); 1976 No. 35 s 21(a); 1989 No. 103 s 3 sch Power of holder to enter and inspect any place s 9 amd 1976 No. 35 s 21(b)

99 Gas Act 1965 Power to inspect ﬁttings and to order removal thereof s 10 1976 No. 35 s 21(c) Power to contract for supply of gas s 11 amd 1997 No. 71 s 27 Power to lay pipes from mains s 12 amd 1989 No. 103 s 3 sch Breaking up of ground prov hdg sub 1995 No. 57 s 4 sch 1 s 13 amd 1995 No. 57 s 4 sch 1 Local government etc. to supply information as to levels and alignments prov hdg amd 1971 No. 5 s 19(b)(i) s 15 amd 1971 No. 5 s 19(b)(ii) Alteration of street levels prov hdg amd 1971 No. 5 s 19(c)(i); 1995 No. 57 s 4 sch 1 s 16 amd 1971 No. 5 s 19(c)(ii); 1995 No. 57 s 4 sch 1 Fraudulent appropriation of gas s 17 amd 1966 No. 34 s 6 sch; 1976 No. 35 s 23(2) sch; 1995 No. 57 s 4 sch 1; 1995 No. 58 s 4 sch 2 Offences in relation to pipes, etc. s 17A ins 1971 No. 5 s 19(d) amd 1976 No. 35 s 23(2) sch; 1989 No. 103 s 3 sch Duty to prevent leakage of gas s 18 amd 1966 No. 34 s 6 sch sub 1974 No. 10 s 10(b) amd 1976 No. 35 s 23(2) sch Duty to prevent contamination of water s 19 amd 1966 No. 34 s 6 sch Obstruction prohibited s 21 amd 1966 No. 34 s 6 sch; 1976 No. 35 s 23(2) sch Holder’s right to refuse supply of gas restricted s 23 amd 1966 No. 34 s 6 sch; 1976 No. 35 s 23(2) sch SCHEDULE 2—PURPOSES FOR WHICH REGULATIONS MAY BE MADE pres sch 2 (prev sch 4) renum 1997 No. 71 s 1 sch amd 1966 No. 34 s 5; 1976 No. 35 s 22; 1989 No. 103 s 3 sch; 1990 No. 66 s 32; 1997 No. 71 s 28 SCHEDULE 3—LIST OF ASSETS TO BE UTILIZED IN THE CALCULATION OF PRICE OF GAS amd 1967 No. 33 s 11 om 1974 No. 10 s 11 © State of Queensland 2002