Gas Services Information Amendment Regulations (No. 2) 2013 (WA)
WESTERN
AUSTRALIAN
GOVERNMENT
ISSN 1448-949X PRINT POST APPROVED PP665002/00041
Gas Services Information Act 2012
Gas Services Information Amendment
Regulations (No. 2) 2013
Made by the Lieutenant-Governor and deputy of the Governor in
Executive Council.1. Citation
These regulations are the Gas Services Information Amendment
Regulations (No. 2) 2013.
2. Commencement
These regulations come into operation as follows —
(a)
regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b) the rest of the regulations — on the day after that day.
Delete regulation 4(3).
3. Regulations amended
These regulations amend the Gas Services Information
Regulations 2012.
4. Regulation 4 amended
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5. Parts 4 to 9 and Schedules 1 and 2 inserted
After regulation 11 insert:
Part 4 — Obligations to provide information
12. Ongoing requirement to provide information
(1) A gas market participant of a particular class must give
to the operator the information specified in the GSI
rules in relation to that class of gas market participant.Penalty: a fine of $20 000 and a daily penalty of $2 000.
(2) The operator may, in accordance with the GSI rules,
exempt a gas market participant from the requirement
in subregulation (1) in relation to some or all of the
information the participant would otherwise be
required to give.13. Operator may request information
(1)
The operator may, for the purposes of the performance of its function, request a gas market participant to give specified information to the operator.
(2) The request must — (a) be in writing; and
(b) specify the information; and
(c)
specify the occasion or occasions on which, or the frequency at which, the information is to be given; and
(d)
specify the time within which the information must be given.
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(3) A person given a request must comply with it. Penalty: a fine of $20 000 and a daily penalty of $2 000.
Part 5 — Enforcement of GSI rules
Division 1 — Preliminary
14. Terms used
In this Part —
civil penalty means a penalty demanded by the
operator under regulation 16(1) or imposed by the
Board under regulation 18(1);civil penalty provision has the meaning given in
regulation 15(1).
Division 2 — Orders and penalties
15. Civil penalty provisions and civil penalties
(1) The provisions of the GSI rules specified in Schedule 1
are civil penalty provisions for the purposes of these
regulations.(2) The category of a civil penalty provision is the
category specified for the provision in Schedule 1.(3) The maximum civil penalty amount (which may
include a daily amount) that may be demanded from or
imposed upon a gas market participant who
contravenes a civil penalty provision is prescribed in
Schedule 1.(4) An amount specified as a daily amount in Schedule 1
in respect of a contravention of a civil penalty
provision applies, as part of the prescription of the
maximum civil penalty amount for the contravention,
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for each day or part of a day that the contravention
continues after —
(a)
if a day or time by which the contravention was to be rectified is specified in a warning notice given to the gas market participant — the day by which the contravention was to be rectified; or
(b)
in any other case — the day on which the gas market participant is given a warning notice.
(5) For the purposes of subregulation (4), if the
contravention consists of a failure to do something
required to be done, the contravention is to be regarded
as continuing until the act is done, despite the fact that
any period within which, or time before which, the act
is required to be done has expired or passed.16. Contravention of category A civil penalty provision: operator may demand civil penalty
(1)
If the operator considers that a gas market participant has contravened a category A civil penalty provision, the operator may, by notice given to the participant,
demand that the participant pay to the operator a civil
penalty of an amount that does not exceed the lesser
of —
(a)
the maximum civil penalty amount prescribed for the contravention in Schedule 1; and
(b) $20 000.
(2) The operator cannot demand that the participant pay
the civil penalty unless the operator has already given
the participant a warning notice.(3) The demand must be made within 6 years after the day
on which the participant is considered by the operator
to have contravened the provision.
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(4) The notice must — (a) be in writing; and
(b) state the name and address of the participant; and (c) state that the notice is given under the Gas Services Information Regulations 2012 regulation 16; and (d) specify the category A civil penalty provision that the operator considers the participant has contravened; and (e) provide details of the contravention, including the act or omission that the operator considers constitutes the contravention; and (f) specify the amount of the civil penalty; and (g) inform the participant that the participant may apply to the Board for review of the operator’s decision to demand the penalty; and (h) contain a statement to the effect that if the participant does not, within 28 days after the day on which the participant receives the notice — (i) pay to the operator the amount demanded; or
(ii) apply to the Board for review of the operator’s decision to demand the penalty,
the operator may apply to the Board for an
order for the payment of the penalty.
(5) If the participant does not, within 28 days after the day
on which the participant received the notice —
(a)
pay to the operator the penalty demanded in the notice; or
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(b)
apply to the Board for review of the operator’s decision to demand the penalty,
the operator may, within a further 28 days, apply to the
Board for an order for the payment of the penaltydemanded in the notice.
(6) The Board may make an order that the participant pay
the civil penalty demanded of the participant if —
(a)
the operator made the demand in accordance with this regulation; and
(b)
the participant has not paid the civil penalty to the operator; and
(c)
the participant has not applied to the Board for review of the operator’s decision to demand the amount.
(7) If the Board has made an order under regulation 18 that
a gas market participant pay a civil penalty in respect
of a contravention of a civil penalty provision —
(a)
the operator may not demand that the participant pay the operator a civil penalty in respect of the contravention; and
(b)
the Board may not make an order that the participant pay the civil penalty demanded of the participant.
(8) The operator cannot make a demand under
subregulation (1) in relation to a contravention that
occurs before 1 November 2013.17. Contraventions of provisions of GSI rules: applications for orders from Board
(1) If the operator considers that a gas market participant
has contravened a provision of the GSI rules, the
operator may apply to the Board for one or more orders
under regulation 18.
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(2) The application must be made within 6 years after the
day on which the participant is considered by the
operator to have contravened the provision.(3) No other person may apply for an order under
regulation 18.(4) The operator cannot make an application for an order under regulation 18 in relation to a contravention that occurs before 1 November 2013. 18. Contraventions of provisions of GSI rules: orders Board may make
(1) If the Board determines that a gas market participant
has contravened a provision of the GSI rules, the Board
may make one or more of the following orders —
(a)
if the provision is a civil penalty provision — an order that the participant pay to the operator a civil penalty of an amount that does not exceed the maximum civil penalty amount prescribed for the contravention in Schedule 1;
(b)
an order that the participant cease, within a specified period, the act or omission constituting the contravention;
(c)
an order that the participant take the action, or adopt the practice, that the Board requires for remedying the contravention or preventing a recurrence of the contravention;
(d)
an order that the participant implement a specified programme for compliance with the GSI rules.
(2) Before making an order, the Board must have regard to
all relevant matters, including the following —
(a) the nature and extent of the contravention;
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(b)
the nature and extent of any loss or damage suffered as a result of the contravention;
(c)
the circumstances in which the contravention took place;
(d)
whether the participant has previously been found by the Board in proceedings under the Act to have engaged in any similar conduct;
(e) the consequences of making the order.
(3) If the operator has demanded that a gas market
participant pay to the operator a civil penalty in respect
of the contravention of a civil penalty provision, the
Board may not make an order under this regulation that
the participant pay a civil penalty in respect of the
contravention.19. Enforcement of orders of the Board
(1) The operator may enforce an order of the Board made
under regulation 16(6) or 18(1) by lodging with the
Supreme Court a certified copy of it, and an affidavit
stating to what extent it has not been complied with.(2) When lodged, the order is to be taken to be a judgment
of the court and may be enforced accordingly.20. Contravention of provision of GSI rules not an offence
A contravention of a provision of the GSI rules is not
an offence.21. Conduct contravening more than one civil penalty provision
(1) If the conduct of a gas market participant constitutes a
contravention of 2 or more civil penalty provisions,
action may be taken under this Part against the
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participant in relation to the contravention of any one
or more of those provisions.
(2) However, the participant is not liable for more than one
civil penalty in respect of the same conduct.22. Application of civil penalties received by the operator
A civil penalty received by the operator must be
credited to the Consolidated Account.23. Operator to inform certain persons of decisions not to take action
(1) If the operator is given information by a person in
relation to a contravention or possible contravention of
a provision of the GSI rules by a gas market participant
but —
(a)
decides not to investigate the contravention or possible contravention; or
(b)
following an investigation, decides not to demand a civil penalty under regulation 16 or seek an order from the Board under regulation 18,
the operator must notify the person of the decision in
writing.
(2) This regulation does not apply if the person gave the
information anonymously.24. Applications for orders from Board: procedure
An application by the operator to the Board for an
order under regulation 16(6) or 18(1) must —(a) be in writing; and
(b) state that the applicant is the operator; and
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(c)
specify the provision of these regulations under which the operator is seeking the order; and
(d)
provide details of the contravention of the GSI rules that the operator considers has occurred, including the name and address of the gas
market participant alleged to have contravened
the GSI rules; and(e) specify the nature of the order sought. Part 6 — Review by the Board
Division 1 — Review by the Board
25. Reviewable decisions and procedural decisions
(1) In this Part — procedural decision means a reviewable decision made
under a provision listed in the Table to Schedule 2
clause 2;reviewable decision means a decision that is
reviewable under section 12(1) of the Act.(2) For the purposes of section 12(1) of the Act, the
decisions made under provisions of these regulations or
the GSI rules not listed in the Table to Schedule 2
clause 1 are specified.26. Review by the Board: all reviewable decisions
(1) A person whose interests are adversely affected by a
reviewable decision may apply to the Board for a
review of the decision.(2) The Board may make an order affirming, setting aside
or varying (immediately or as from a specified future
date) the decision and, for the purposes of the review,
may exercise the same powers with respect to the
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subject matter of the decision as may be exercised with
respect to that subject matter by the person who madethe decision.
(3) The Board may refuse to review a reviewable decision
if it considers that the application for review is trivial
or vexatious.(4) A determination by the Board on the review of a
reviewable decision has the same effect as if it were
made by the person who made the decision.(5) If the Board decides that a person’s interests are not
adversely affected by a reviewable decision, the Board
must give the person written reasons for its decision.(6) This regulation is subject to regulation 27. 27. Review by the Board: procedural decisions
(1)
In reviewing a procedural decision, the Board is to consider only the question of whether the decision maker followed the procedure required to be followed
under these regulations, the GSI rules or the GSI procedures in connection with the making of the decision.
(2) In reviewing a procedural decision, the Board is to be
constituted by a legal practitioner only.(3) In reviewing a procedural decision, the Board must —
(a)
if it finds that the decision maker followed the procedure — affirm the decision; or
(b)
if it finds that the decision maker did not follow the procedure — set the decision aside and remit the matter to the decision maker.
(4) If the Board remits a matter to the decision maker
under subregulation (3)(b), the Board may make
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recommendations as to how the decision maker should
go about making the decision.28. Application for review
(1) An application for review of a reviewable decision
must be made within —
(a)
if notice of the making of the decision is required by these regulations or the GSI rules to be given to a person affected by the decision — 28 days after the day on which the notice is given; or
(b)
in any other case — 28 days after the day on which notice of the making of the decision is published in accordance with subregulation (2).
(2) For the purposes of subregulation (1)(b), notice of a
decision is published if the notice is published on the
GSI website.(3) An application for review of a reviewable decision
must —(a) be in writing; and
(b) state the name and address of the applicant; and (c) provide details of the decision, including who made the decision and under which regulation or GSI rule the decision was made or purportedly made; and
(d)
state how the applicant is adversely affected by the decision.
(4) The Board may extend the time within which an
application for review of a reviewable decision may be
made, by 14 days, and may do so even though the time
has elapsed.
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(5) The Board must give written notice of an application for review of a reviewable decision to the person who made the decision. 29. Effect of application for review
(1) The making of an application for review of a
reviewable decision does not affect the operation of the
decision or prevent the taking of action to implement it
unless the Board, on application by a party to the
proceedings, makes an order under subregulation (2).(2) The Board may make an order staying or otherwise
affecting the operation or implementation of the whole
or a part of the decision if the Board thinks that it is
appropriate to do so for the purpose of securing the
effectiveness of the hearing and determination of the
application, after taking into account the interests of
any persons who may be affected by the review.(3) An order under this regulation —
(a) may be varied or revoked; and (b) is subject to the conditions specified in the order; and (c) has effect until the earlier of — (i) the end of the period of operation specified in the order (if any); or
(ii) the time at which the decision of the Board on the application comes into operation.
30. Procedure generally
(1) This regulation applies to proceedings before the Board
for a review of a reviewable decision.(2) The Board must make its determination on the review
within 120 days after receiving the application for
review.
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(3) The Board may extend, or further extend, the period
referred to in subregulation (2) by a period of 30 days
if it considers that the matter cannot be dealt with
properly without the extension, either because of its
complexity or because of other special circumstances.(4)
If the Board extends the period, it must, before the end of the period, notify the applicant of the extension and the reasons for it.
(5) The Board may require the operator to give
information and other assistance, and to make reports,
as specified by the Board for the purposes of the
proceedings.(6) In the proceedings —
(a)
it is a reasonable excuse for a person to fail to answer a question if answering the question might tend to incriminate the person; and
(b)
it is a reasonable excuse for a person to fail to produce a document if producing the document might tend to incriminate the person.
(7) On the application of a party to the proceedings, the
Board may conduct the proceedings in the absence of
the public.(8) If the Board is satisfied that it is desirable to do so
because of the confidential nature of any evidence or
matter or for any other reason, relating to the
proceedings, the Board may, by order —
(a)
give directions prohibiting or restricting the publication of evidence given before the Board (whether in public or private) or of matters contained in documents filed with, or received in evidence by, the Board; or
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(b)
give directions prohibiting or restricting the disclosure to some or all of the parties to the proceedings, of evidence given before the
Board or of matters contained in documents
filed with, or received in evidence by, the
Board.
(9) In considering whether to make an order under
subregulation (8) the Board is to take as the basis of its
consideration the principle that the evidence and the
matters contained in the documents should be made
available to all parties, but must pay due regard to any
reasons given to the Board as to why publication or
disclosure of the evidence or matter should be
prohibited or restricted.
(10) A witness summoned to appear at a hearing of the
Board is entitled to be paid such allowances and
expenses as the Board determines.31. Procedure: conferences
(1) If an application is made to the Board for review of a
reviewable decision, the Board may direct that a
conference of the parties to the proceedings be held,
presided over by a member of the Board.(2) If —
(a) a conference is held; and (b) at or after the conference, agreement is reached between the parties as to the terms of a decision of the Board in the proceedings that would be acceptable to the parties; and
(c)
the terms of the agreement are written down, signed by the parties and given to the Board; and
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(d) the Board is satisfied that — (i) a decision in those terms would be within the powers of the Board; and
(ii) that it would be appropriate to make a decision in those terms,
the Board may, without holding a hearing, make a
decision in accordance with those terms.
(3) At the hearing of proceedings before the Board
evidence must not be given, and statements must not be
made, about anything that happened at a conference
held under subregulation (1) in relation to the
proceedings, unless the parties otherwise agree.(4) If, in relation to the hearing of proceedings before the
Board —
(a)
a party to the proceedings who was present at a conference objects to the member of the Board who presided over the conference participating in the proceedings; and
(b)
that party notifies the Board of that objection before or at the start of the hearing,
the member is not entitled to be a member of the Board
constituted for the purposes of the proceedings.32. Parties to proceedings
(1) If a party to proceedings before the Board has had
reasonable notice of the proceedings and fails, without
reasonable excuse, either to appear at a conference or at
the hearing of the proceedings, the Board may —
(a)
if the only other party to the proceedings is the person who made the reviewable decision — dismiss the application concerned; or
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(b)
in any other case — direct that the person who failed to appear ceases to be a party to the proceedings.
(2) If an application has been made by a person for review
of a reviewable decision, any other person whose
interests are adversely affected by the decision may
apply to the Board to be made a party to the
proceedings and the Board may, by order, make the
person a party to the proceedings.(3) An application under subregulation (2) must — (a) be in writing; and
(b) state the name and address of the applicant; and (c)
provide details of the proceedings to which the applicant is applying to be made a party; and
(d)
provide details of how the applicant’s interests are adversely affected by the decision.
Division 2 — Arbitrator and Board funding
33. Terms used
In this Division —
assessment amount means the amount payable as
specified in a notice of assessment under
regulation 34(3)(b);core functions costs, for a quarter, means costs that —
(a)
are incurred in the quarter in connection with the performance by the Arbitrator of the Arbitrator’s functions under the Energy Arbitration and Review Act 1998 in relation to the Board’s functions under this Part; and
(b) cannot be recovered under regulation 35;
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determined costs means an amount determined by the Board under regulation 35 to be payable by a party to proceedings;
proceedings includes proceedings that are commenced
but discontinued or otherwise not brought to finality;
quarter means a period of 3 months beginning on
1 July, 1 October, 1 January or 1 April, but does notinclude a quarter beginning before 1 July 2013;
standing charge means a charge under regulation 34.
34. Arbitrator funding: standing charges
(1) At the end of each quarter the operator is liable to pay a
charge in connection with the performance by the
Arbitrator of the Arbitrator’s functions under the
Energy Arbitration and Review Act 1998 in relation to
the Board’s functions under this Part.(2) The amount of the charge is the amount of the core
functions costs for the quarter.(3) As soon as is practicable after the end of each quarter
the Arbitrator must —
(a) assess the standing charge payable; and (b) give a notice of assessment specifying — (i) the amount of the charge payable; and
(ii) the core functions costs used in calculating the charge; and
(iii) the day on which the notice of assessment was issued.
35. Costs and expenses of proceedings before the Board
(1) The Board may fix an amount that represents the cost
and expenses of the hearing and determination of
particular proceedings before it.
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(2) Without limiting subregulation (1), the cost and
expenses of the hearing and determination of particular
proceedings include —
(a) the costs of constituting the Board for the purposes of those proceedings, including the payment of any remuneration and allowances payable under the Energy Arbitration and Review Act 1998 section 55 to the members of the Board; and (b) provision of services, facilities and support
under the Energy Arbitration and Reviewany cost and expenses attributable to the proceedings.
(3) The Board may determine —
(a)
which of the parties to the proceedings is liable for payment of the whole or any part of an amount fixed under subregulation (1); and
(b)
the manner in which, and time within which, payment is to be made.
(4) A party to proceedings must pay any amount
determined by the Board to be payable by the person in
the manner and within the time determined by the
Board.36. Recovery of unpaid amounts
(1) The Arbitrator may recover —
(a) any unpaid assessment amount; or (b) any unpaid determined costs,
in a court of competent jurisdiction as a debt due to the
Arbitrator.
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(2) In proceedings under subregulation (1) a certificate —
(a) purporting to be signed by the Arbitrator; and (b) specifying an amount as being an assessment amount or determined costs; and (c) specifying a person as being liable to pay the specified amount; and (d)
stating that the specified amount is unpaid,
is, without proof of the appointment of the Arbitrator
or of the authenticity of the signature, sufficient
evidence of the matters specified or stated.
37. Matters to be included in Arbitrator’s annual report
The annual report submitted by the Arbitrator under the
Financial Management Act 2006 section 61 must
include details of the following matters in respect of
the financial year to which the annual report relates —
(a) the total core functions costs; (b) the total amount of standing charges; (c) the total determined costs.
Part 7 — Protection of information
38. Protection of protected information
(1) The operator must take all reasonable measures to
protect protected information from unauthorised use or
disclosure.(2) The operator may use or disclose protected information
if the use or disclosure is authorised or required under
the Act.(3) Regulations 39 to 42 do not limit subregulation (2).
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39. Disclosure with prior written consent
The operator is authorised to disclose protected
information if it has the written consent of the person
from whom the information was obtained.40. Disclosure authorised or required by law
(1) The operator is authorised to disclose protected
information as authorised or required under a written
law, or a law of the Commonwealth, a State or a
Territory.(2) A person or body to whom protected information is
disclosed under subregulation (1) is, to the extent
consistent with the law, limited to using the
information in connection with the performance of the
functions, or the exercise of the powers, of the person
or body for the purposes of which the information was
disclosed.41. Disclosure for purposes of proceedings before court or tribunal
The operator is authorised to disclose protected
information for the purposes of —
(a) civil or criminal proceedings; or (b) proceedings before a tribunal established by or under a written law or a law of the Commonwealth, a State or a Territory.
42. Other grounds for disclosure
(1)
If a document contains both protected information and other information, the operator is authorised to disclose the document if the protected information is omitted.
(2)
The operator must include a note at the place in the document from which the protected information is
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omitted to the effect that protected information has
been omitted from the document.
(3) The operator is authorised to disclose protected
information if —
(a)
it does not disclose any elements of the information that could lead to the identification of the person to whom the information relates; or
(b)
the manner in which it discloses the information does not identify the person to whom that information relates and could not reasonably be expected to lead to the person being identified.
(4) The operator is authorised to disclose protected
information if the information is in the public domain.
Part 8 — Accountability and review of
operations
43. Minister may give directions
(1) The Minister may give directions in writing to the
operator with respect to the general performance of its
functions and, subject to regulation 44, the operator
must give effect to any such direction.(2) A direction under subregulation (1) must not be
inconsistent with the objectives set out in section 6 of
the Act.(3) The Minister must cause the text of any direction under
subregulation (1) to be laid before each House of
Parliament or dealt with under regulation 51 —
(a) within 14 days after the direction is given; or
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(b) if the direction is the subject of a notice under the Statutory Corporations (Liability of Directors) Act 1996 section 17, within 14 days after it is confirmed under that section. 44. When directions take effect
(1) A direction under regulation 43(1) becomes
effective —
(a)
on the expiry of 7 days after its receipt by the operator or of such longer period as the Minister may, at the request of the operator, determine; or
(b)
if it is the subject of a notice under the Statutory Corporations (Liability of Directors) Act 1996 section 17, on its being confirmed under that section.
(2) If the operator asks the Minister to extend the 7 day
period under subregulation (1), the Minister must
consider the request and notify the operator of his or
her decision before the 7 day period has expired.45. Consultation
The operator and the Minister, at the request of either,
are to consult together, either directly or through
appropriate representatives, in relation to the general
performance of the functions of the operator.46. Minister to have access to information
(1) In this regulation — document includes any tape, disk or other device or medium on which information is recorded or stored mechanically, photographically, electronically or
otherwise;
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information means information (including protected
information) specified, or of a description specified, by
the Minister that relates to the general performance ofthe functions of the operator.
(2) The Minister is entitled —
(a)
to have information in the possession of the operator; and
(b)
where the information is in or on a document, to have, and make and retain copies of, that document.
(3) For the purposes of subregulation (2) the Minister
may —
(a)
request, in writing, the operator to provide information to the Minister; and
(b)
request, in writing, the operator to give the Minister access to information; and
(c)
for the purposes of paragraph (b), make use of the staff of the operator to obtain information and provide it to the Minister.
(4) A request under subregulation (3)(a) may specify a
time before which the information is to be provided.(5) The operator must —
(a)
comply with a request under subregulation (3); and
(b)
make staff and facilities available to the Minister for the purposes of subregulation (3)(c).
(6) Where the operator provides or gives access to
information to the Minister, the Minister must be
advised whether or not, in the opinion of the operator,
the public disclosure of the information may adversely
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affect the commercial interests of the operator or any
gas market participant.47. Provision of information in compiled form
(1) Subregulation (2) applies if the Minister wishes to
obtain from the operator information, that relates to the
general performance of the functions of the operator,
that —
(a)
is not itself in the possession of the operator; but
(b)
is capable of being assembled or compiled from information in the possession of the operator.
(2) The Minister may request the operator to provide to the
Minister a document containing information that —
(a) is of a specified description; or (b) is presented in a specified way; or (c) relates to a specified period; or (d) has some other specified characteristic.
(3)
A request under subregulation (2) must be in writing and may specify a time before which the document is to be provided.
(4) The operator is to comply with a request under
subregulation (2) and is to take, or cause to be taken,
whatever steps are necessary in order to do so.(5) Regulation 46(2) applies to a document prepared or
compiled for the purposes of this regulation in the same
way as it applies to other information in the possession
of the operator.(6) Regulation 46(6) applies where a document is provided
under this regulation in the same way as it applies
where information is provided under regulation 46.
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48. Review of GBB and GSOO
(1)
The Minister may, after consulting with the operator, appoint a person to conduct a strategic review of the operation and content of the GBB and the preparation
and content of the GSOO. (2) The operator must, for the purposes of
subregulation (1) —
(a)
give the person access to information, including protected information, in the possession of the operator; and
(b) give the person all reasonable assistance; and (c) make staff and facilities available to the person.
(3) A person who conducts a strategic review cannot use or
disclose protected information obtained during the
course of the review other than —
(a) for the purposes of the review; or (b)
under regulation 40 or 41, which apply to the person as if references in those regulations to the operator were references to the person.
(4) In the report to the Minister on a strategic review, the
person conducting the review must not include
protected information unless —
(a)
the person from whom the information was obtained has consented to the inclusion of the information in the report; or
(b)
it is included in such a way that the identity of the person to whom it relates is not apparent and could not reasonably be worked out; or
(c) it is in the public domain.
(5) The Minister may direct the operator to conduct a
review of the operation and content of the GBB and the
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preparation and content of the GSOO and, as part of
that, may direct the operator as to —
(a) the scope of the review; and (b) consulting with gas market participants and other persons and entities; and (c) when the review should be undertaken; and (d) reporting to the Minister on the results of the review. Part 9 — Miscellaneous
49. Maximum civil monetary liabilities
(1)
For the purposes of section 14(3) of the Act, the following maximum amounts are prescribed —
(a) in relation to the civil monetary liability of a gas market participant to a person who suffers loss as a result of an act or omission, the lesser of — (i) $400 000; and
(ii) the maximum amount worked out under subregulation (2);
(b)
in relation to the civil monetary liability of the operator, or an officer or employee of the operator, to a person who suffers loss as a result of an act or omission — $1.
(2)
The maximum amount of a person’s civil monetary liability under subregulation (1)(a) is worked out by deducting from $20 million the aggregate of the
amounts already paid by the person in the discharge of
the person’s civil monetary liabilities to persons
suffering losses as a result of acts or omissions
occurring during the financial year in which the
relevant act or omission occurred.
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50. Continuing offences: daily penalties
(1) If, in addition to a penalty specified for an offence
under these regulations, a daily penalty is specified for
the offence, a person convicted of the offence is also
liable to a daily penalty, not exceeding the amount
specified, for each day or part of a day during which
the offence continues after notice of the alleged offence
has been given to the offender.(2) A notice referred to in subregulation (1) must — (a) be in writing; and
(b) state the name and address of the person to whom the notice is directed; and (c) specify the particular provision that the person is alleged to have contravened; and (d) provide details of the contravention; and (e) state that criminal proceedings may be instituted against the person.
51. Supplementary provision for laying documents before Parliament
(1) If —
(a)
at the commencement of a period referred to in regulation 43(3) a House of Parliament is not sitting; and
(b)
the Minister is of the opinion that that House will not sit during that period,
the Minister must transmit a copy of the document to
the Clerk of that House.
(2) A copy of a document transmitted to the Clerk of a
House is to be regarded as having been laid before that
House.
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(3) The laying of a copy of a document that is to be
regarded as having occurred under subregulation (2)
must be recorded in the Minutes, or Votes and
Proceedings, of the House on the first sitting day of the
House after the Clerk received the copy.Schedule 1 — Civil penalty provisions and amounts
[r. 15]
Rule Category Maximum civil penalty amount r. 18(5) A first contravention: $10 000
subsequent contraventions: $20 000r. 18(6) B first contravention: $40 000
subsequent contraventions: $80 000r. 22 B $25 000 plus a daily amount of $5 000 r. 23 B $25 000 plus a daily amount of $5 000 r. 27(4) A $5 000 plus a daily amount of $1 000 r. 32(6) A $5 000 plus a daily amount of $1 000 r. 34(3) A $5 000 plus a daily amount of $1 000 r. 36(3) A $5 000 plus a daily amount of $1 000 r. 39(4) A $5 000 plus a daily amount of $1 000 r. 49(1) A $5 000 plus a daily amount of $1 000 r. 49(2) A $5 000 plus a daily amount of $1 000 r. 53(1) A $5 000 plus a daily amount of $1 000 r. 53(2) A $5 000 plus a daily amount of $1 000
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Rule Category Maximum civil penalty amount r. 54(1) A $5 000 plus a daily amount of $1 000 r. 54(2) A $5 000 plus a daily amount of $1 000 r. 54(3) A $5 000 plus a daily amount of $1 000 r. 55(1) A $5 000 plus a daily amount of $1 000 r. 55(2) A $5 000 plus a daily amount of $1 000 r. 56(1) A $5 000 plus a daily amount of $1 000 r. 56(4) A $5 000 plus a daily amount of $1 000 r. 57(1) A $5 000 plus a daily amount of $1 000 r. 57(2) A $5 000 plus a daily amount of $1 000 r. 58(1) A $5 000 plus a daily amount of $1 000 r. 58(2) A $5 000 plus a daily amount of $1 000 r. 59(1) A $5 000 plus a daily amount of $1 000 r. 59(2) A $5 000 plus a daily amount of $1 000 r. 59(3) A $5 000 plus a daily amount of $1 000 r. 60 A $5 000 plus a daily amount of $1 000 r. 61(1) A $20 000 plus a daily amount of $2 000 r. 61(2) A $20 000 plus a daily amount of $2 000 r. 62(1) A $5 000 plus a daily amount of $1 000 r. 62(2) A $5 000 plus a daily amount of $1 000
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Rule Category Maximum civil penalty amount r. 63(1) A $5 000 plus a daily amount of $1 000 r. 63(2) A $5 000 plus a daily amount of $1 000 r. 64(1) A $5 000 plus a daily amount of $1 000 r. 64(4) A $5 000 plus a daily amount of $1 000 r. 65(1) A $5 000 plus a daily amount of $1 000 r. 65(2) A $5 000 plus a daily amount of $1 000 r. 66(1) A $5 000 plus a daily amount of $1 000 r. 66(2) A $5 000 plus a daily amount of $1 000 r. 67(1) A $5 000 plus a daily amount of $1 000 r. 67(2) A $5 000 plus a daily amount of $1 000 r. 68(1) A $5 000 plus a daily amount of $1 000 r. 69(1) A $5 000 plus a daily amount of $1 000 r. 69(2) A $5 000 plus a daily amount of $1 000 r. 70(1) A $5 000 plus a daily amount of $1 000 r. 70(2) A $5 000 plus a daily amount of $1 000 r. 71(1) A $5 000 plus a daily amount of $1 000 r. 71(4) A $5 000 plus a daily amount of $1 000 r. 72(1) A $5 000 plus a daily amount of $1 000 r. 72(2) A $5 000 plus a daily amount of $1 000
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Rule Category Maximum civil penalty amount r. 73(1) A $5 000 plus a daily amount of $1 000 r. 74(1) A $20 000 plus a daily amount of $2 000 r. 74(3) A $20 000 plus a daily amount of $2 000 r. 74(4) A $20 000 plus a daily amount of $2 000 r. 75(5) A $20 000 plus a daily amount of $2 000 r. 76(1) A $5 000 plus a daily amount of $1 000 r. 76(2) A $5 000 plus a daily amount of $1 000 r. 77(1) A $5 000 plus a daily amount of $1 000 r. 77(2) A $5 000 plus a daily amount of $1 000 r. 78(1) A $5 000 plus a daily amount of $1 000 r. 98(1) A $5 000 plus a daily amount of $1 000 r. 98(2) A $5 000 plus a daily amount of $1 000 r. 99(1) A $5 000 plus a daily amount of $1 000 r. 99(2) A $5 000 plus a daily amount of $1 000 r. 100(1) A $5 000 plus a daily amount of $1 000 r. 100(2) A $5 000 plus a daily amount of $1 000 r. 101(1) A $5 000 plus a daily amount of $1 000 r. 101(2) A $5 000 plus a daily amount of $1 000
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Rule Category Maximum civil penalty amount r. 106(2) A first contravention: $10 000 plus a daily
amount of $2 000
subsequent contraventions: $20 000 plus a
daily amount of $2 000r. 115(1) A $10 000 plus a daily amount of $2 000 r. 115(3) A $10 000 plus a daily amount of $2 000 r. 118(1) A $10 000 plus a daily amount of $2 000 r. 118(3) A $10 000 plus a daily amount of $2 000 r. 119(5) A $10 000 plus a daily amount of $2 000 r. 166 A $5 000 plus a daily amount of $1 000 r. 169(3) B first contravention: $15 000 plus a daily
amount of $500
subsequent contraventions: $30 000 plus a
daily amount of $1 000r. 169(5) B first contravention: $15 000 plus a daily
amount of $500
subsequent contraventions: $30 000 plus a
daily amount of $1 000r. 173(2) B first contravention: $15 000 plus a daily
amount of $500
subsequent contraventions: $30 000 plus a
daily amount of $1 000
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Schedule 2 — Reviewable decisions and
procedural decisions
[r. 25]
1. Reviewable decisions
For the purposes of regulation 25(2), the following
provisions are listed: reg. indicates a provision of these
regulations and r. indicates a provision of the GSI rules.
Table
reg. 16(1) r. 13(1) r. 28(2) r. 34(2) r. 36(2) r. 39(3) r. 43(2) r. 46(3) r. 48(2) r. 67(4) r. 68(3) r. 73(3) r. 78(3) r. 131(1)(a) r. 131(2) r. 134(1)(a) r. 137(1)(a) r. 156(3)(a) r. 160(2) 2. Procedural decisions
For the purposes of definition of procedural decision in
regulation 25(1), the following provisions of the GSI rules
are listed.
Table
r. 13(1) r. 28(2) r. 34(2) r. 36(2) r. 39(3) r. 43(2) r. 46(3) r. 48(2) r. 67(4)
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r. 68(3) r. 73(3) r. 78(3) r. 131(1)(a) r. 131(2) r. 134(1)(a) r. 137(1)(a) r. 156(3)(a) r. 160(2)
By Command of the Lieutenant-Governor and deputy of the Governor,
N. HAGLEY, Clerk of the Executive Council.
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