Gas Supply Act 1996 (NSW)
An Act to regulate the supply of gas; and for other purposes.
This Act is the Gas Supply Act 1996.
This Act commences on a day or days to be appointed by proclamation.
(Repealed)
The objects of this Act are as follows—
(a) to encourage the development of a competitive market in gas, so as to promote the thermally efficient use of gas and to deliver a safe and reliable supply of gas in compliance with the principles of ecologically sustainable development contained in section 6 (2) of the Protection of the Environment Administration Act 1991,
(b) to regulate gas reticulation and gas supply, so as to protect the interests of customers,
(b1) to facilitate the continuity of supply of natural gas to customers,
(c) to promote the safe use of gas.
For the purpose of enabling the objects of this Act to be achieved, the Minister, the Tribunal and any review panel each have the duties set out in subsections (3)–(6).
In relation to licensed distributors involved in the reticulation of gas, the duties are as follows—
(a) to ensure that such persons satisfy, so far as it is economical for them to do so, all reasonable demands for the conveyance of gas,
(b) to take proper account of the business interests of such persons and the ability of such persons to finance the provision of gas reticulation services,
(c), (d) (Repealed)
(e) to take proper account of the interests of gas users in respect of transportation tariffs and other terms of service.
In relation to authorised reticulators and licensed distributors involved in the distribution or reticulation of gas, the duties are as follows—
(a) to consider the development of efficient and safe gas distribution pipelines and gas distribution systems,
(b) to promote the efficient and safe operation of gas distribution pipelines and gas distribution systems.
(Repealed)
In relation to gas users, the duties are to promote the efficient and safe use of gas.
Nothing in this section permits or requires this Act to be construed in a way that is inconsistent with the National Gas (NSW) Law or the National Gas (NSW) Regulations or the National Energy Retail Law (NSW) or the National Energy Retail Regulations (NSW).
Nothing in subsections (2)–(6) gives rise to, or can be taken into account in, any civil cause of action.
Expressions used in this Act that are defined in the Dictionary in Schedule 3 have the meanings set out in the Dictionary.
Words and expressions used in this Act (other than
A person must not operate a distribution pipeline for the purpose of conveying natural gas to any other person otherwise than under the authority of an authorisation.
Maximum penalty—
(a) 5,000 penalty units, and
(b) for a continuing offence—a further 500 penalty units for each day the offence continues.
A person does not operate a distribution pipeline for the purpose of conveying natural gas to another person merely because the person supplies natural gas to that other person by means of a distribution pipeline.
(Repealed)
Subject to any conditions imposed by or under this Act, a
An application for an authorisation or for the transfer of an authorisation—
(a) must be accompanied by such fee as may be determined by the Minister, and
(b) must contain such information as may be determined by the Minister, and
(c) must be lodged at the office of the Tribunal.
Such an application may only be made on behalf of a person who is a body corporate.
Before determining an application for an authorisation or for the transfer of an authorisation, the Minister must cause notice of the application to be published in the Gazette and in such other manner as the Minister is satisfied is likely to bring the notice to the attention of members of the public.
The notice must indicate—
(a) the nature of the authorisation to which the application relates, and
(b) the identity of the proposed holder of the authorisation, and
(c) the district in which the authorisation, if granted or transferred, would operate, and
(d) where submissions on the application should be lodged, and
(e) the time (being at least 40 days from the date on which the notice is first published) within which any such submissions should be lodged, and
(f) such other matters as may be prescribed by the regulations.
The Minister must give due consideration to matters arising from any submissions under this section.
The Minister may determine an application for an authorisation by—
(a) granting the application, or
(b) granting the application with the modifications the Minister considers appropriate, or
(c) refusing the application.
The Minister may determine an application for the transfer of an authorisation by—
(a) granting the application, or
(b) refusing the application.
When granting an application under subsection (1), with or without modifications, or subsection (1A), the Minister may impose conditions under section 11(1)(b).
An application may be refused on any of the following grounds—
(a) that the proposed holder of the authorisation fails to satisfy such technical or prudential criteria as have been adopted by the Minister to determine whether a person is able to operate a viable business as an authorised reticulator,
(b) such grounds as may be prescribed by the regulations,
(c) such grounds as the Minister considers relevant, having regard to the interests of consumers and the need to promote a competitive market for natural gas, to prevent misuse of market power and to ensure the security and reliability of the New South Wales supply system for natural gas.
The Minister must endeavour to determine an application within 6 months after it is made.
Subject to the conditions imposed on it, an authorisation remains in force until it is cancelled.
An authorisation is subject to the following conditions—
(a) the conditions imposed by this Act and the regulations,
(b) such other conditions (not inconsistent with those imposed by this Act and the regulations) as the Minister may from time to time impose in relation to the authorisation.
Without limitation, the Minister may impose the following kinds of conditions on an authorisation—
(a) a condition specifying the period for which the authorisation is to remain in force,
(b) a condition requiring the holder of the authorisation to exercise its functions under this Act in accordance with specified guidelines or subject to specified restrictions, including conditions as to the district within which those functions may be exercised,
(c) a condition requiring the holder of the authorisation to continue to satisfy such technical or prudential criteria as have been adopted by the Minister to determine whether a person is able to operate a viable business as an authorised reticulator,
(d) a condition requiring the holder of the authorisation to maintain specified insurance cover in respect of specified risks,
(e) a condition requiring the holder of the authorisation—
(i) to prepare, and submit to the Minister for approval, a plan setting out (in accordance with guidelines established by the Minister) the holder’s policies, practices and procedures with respect to the conduct of its affairs under the authorisation, and
(ii) to conduct its affairs under the authorisation in accordance with the plan as so approved,
(f) a condition requiring the holder of the authorisation to furnish to the Minister (at such times and in respect of such periods as the Minister may determine) such information as the Minister may determine to enable the Minister to ascertain whether or not the holder is complying with the conditions imposed on the authorisation by this Act or the regulations or by the Minister,
(g) a condition requiring the holder of the authorisation to develop and implement a strategy promoting the adoption of thermally efficient appliances and efficient energy-use practices.
The Minister may not impose conditions on an authorisation with respect to the terms on which an authorised reticulator grants access to its distribution pipelines.
(Repealed)
It is a condition of a reticulator’s authorisation that—
(a) the authorisation holder must be a member of the energy ombudsman scheme, and
(b) the authorisation holder is bound by, and must comply with, any decision of the energy ombudsman under the scheme relating to a dispute or complaint involving the authorisation holder and a small customer.
Note. The energy ombudsman has power to deal with disputes between retailers and customers under this Act, see sections 96A and 96B of the Electricity Supply Act 1995 and the regulations under that Act.
This section does not apply in respect of an authorised reticulator if the authorised reticulator is exempt from the requirement to be a member of the energy ombudsman scheme.
The Minister may, by order in writing, exempt an authorised reticulator from the requirement to be a member of the energy ombudsman scheme if of the opinion that the authorised reticulator is not currently engaging in any activities for which an authorisation is required.
In this section—
The Minister may vary the conditions of an authorisation, either on his or her own motion or on the application of the holder of the authorisation.
In the case of an application to vary the conditions of an authorisation so as to extend a distribution district, section 8 applies to the application in the same way as it applies to an application for an authorisation.
An application to vary the conditions of an authorisation so as to extend a distribution district must be accompanied by such fee as may be determined by the Minister.
If the Minister is satisfied that the holder of an authorisation has knowingly contravened a requirement of this Act, the regulations or the conditions of the authorisation, the Minister may do 1 or more of the following—
(a) impose a monetary penalty not exceeding $250,000 on the holder of the authorisation,
(b) if the holder of the authorisation is a corporation, impose a monetary penalty not exceeding $50,000 on a person who is a director of or concerned in the management of the corporation, but only if the Minister is satisfied that the person knowingly authorised or permitted the contravention,
(c) cancel the authorisation.
Nothing in this section prevents an authorisation from being cancelled at the request of the authorisation holder.
The Tribunal may impose a monetary penalty on the holder of an authorisation.
The Tribunal may, instead of imposing a monetary penalty, require the holder of the authorisation to take such action as the Tribunal considers appropriate in the circumstances, including (for example) requiring the sending of information to customers or the publication of notices in newspapers.
The Tribunal may not require action to be taken under subsection (2) by the holder of an authorisation if the cost of that action would exceed the monetary penalty that the Tribunal could impose under this section on the holder.
If the Tribunal requires information to be sent to a customer under subsection (2), the holder of the authorisation may satisfy that requirement by sending the information to the customer with the next account or bill to be sent to the customer by the holder or, if the holder is sending other information to that customer before the next account or bill, with that other information.
Action may be taken under this section only if the holder of the authorisation has knowingly contravened the conditions of the authorisation.
The monetary penalty that the Tribunal may impose under this section must not exceed $20,000 for the first day on which the contravention concerned occurs and a further $1,000 for each subsequent day (not exceeding 30 days) on which the contravention continues.
The Tribunal must not take action under this section unless—
(a) the Tribunal has considered whether the contravention has been or is likely to be the subject of any other penalty or action or any claim for compensation, and is satisfied that it is nevertheless appropriate to take action under this section, and
(b) the Tribunal has considered the action that the holder of the authorisation has taken or is likely to take in respect of the contravention and the cost to the holder in taking that action, and is satisfied that it is nevertheless appropriate to take action under this section.
The Tribunal is required to consider the seriousness of the contravention concerned in determining to impose a monetary penalty under this section.
The Tribunal must not take action under this section in respect of a contravention if the Minister has already taken action under section 13 in respect of the contravention.
Nothing in this section affects the Minister’s powers under section 13 in respect of a contravention, whether or not the Tribunal has already taken action under this section in respect of the contravention.
The Minister must not take action under section 11, 12 or 13, or the Tribunal must not take action under section 13A, unless—
(a) notice of the proposed action has been given to the holder of the authorisation, and
(b) the holder of the authorisation has been given a reasonable opportunity to make submissions with respect to the proposed action, and
(c) the Minister or Tribunal has given due consideration to any such submissions.
In addition, the Minister must not take action under section 13, or the Tribunal must not take action under section 13A, in respect of any contravention referred to in that section unless—
(a) notice of the contravention has been given to the holder of the authorisation, and
(b) the holder of the authorisation has been given a reasonable opportunity to discontinue the contravention and take such steps (if any) as are specified in the notice to remedy the effects of the contravention, and
(c) the holder of the authorisation has failed to discontinue the contravention or take those steps.
Subsection (1) does not apply to action taken at the request of the holder of the authorisation.
It is a condition of an authorisation that the holder of the authorisation must pay an annual authorisation fee determined by the Minister.
The annual authorisation fee must be paid by the holder of the authorisation by the date and in the way specified by the Minister by written notice to the holder.
(Repealed)
A person aggrieved by any of the following decisions of the Minister may appeal to the Supreme Court against the decision—
(a) a decision cancelling an authorisation,
(b) a decision imposing a condition on an authorisation (other than a condition imposed when the authorisation is granted),
(c) a decision varying the conditions of an authorisation,
(d) a decision refusing an application for the transfer of an authorisation,
(e) a decision imposing a monetary penalty on the holder of an authorisation.
An appeal is to be by way of a new hearing and fresh evidence, or evidence in addition to or in substitution for the evidence on which the original decision was made, may be given on the appeal.
For the purposes of an appeal, the Minister may certify in writing that a specified policy applies to the subject matter of the appeal.
In deciding an appeal to which such a certificate relates, the Supreme Court is required to apply the policy so certified, except to the extent to which the application of that policy would be contrary to law.
The decision of the Supreme Court in respect of an appeal is taken to be the decision of the Minister and is to be given effect to accordingly.
The holder of an authorisation who is aggrieved by a decision of the Tribunal to take action under section 13A in relation to the holder of the authorisation may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the decision.
Section 53 (Internal reviews) of the Administrative Decisions Review Act 1997 does not apply to such a decision of the Tribunal.
A register of authorisations is to be kept at the office of the Tribunal.
The register is to contain details of all authorisations that are granted or transferred, including details concerning the conditions imposed on them by the Minister, and is also to contain details of all determinations made by the Minister with respect to authorisations and their conditions.
The register is to be kept available for inspection by members of the public, free of charge, during normal office hours.
Copies of entries in the register are to be made available to members of the public, at cost, during normal office hours.
(Repealed)
The Minister is to establish a review panel to review a matter in respect of which an application for review has been made under this Part.
A review panel is to consist of 3 persons appointed by the Minister, of whom one is to be appointed as the chairperson.
Subject to this Act, the regulations may make provision for or with respect to the members and procedure of a review panel and, in particular, for or with respect to the payment of costs of proceedings before a review panel.
A review panel is to review the matter in respect of which it has been established.
In considering the matter under review, the review panel—
(a) may conduct investigations, and
(b) may have regard to such evidence as it considers relevant including, in particular, any submissions made by persons who are (or who may be) affected by the matter.
Except to the extent to which the regulations otherwise provide, Division 7 of Part 3 of the Independent Pricing and Regulatory Tribunal Act 1992 applies to an investigation under this section in the same way as it applies to an investigation under that Act, and so applies as if a reference in that Division to the Tribunal were a reference to a review panel.
(Repealed)
The decision of the review panel on the matter under review—
(a) takes effect on the day on which it is given, or on such later day as may be specified in the decision, and
(b) has effect as if it were a decision or order, as the case requires, of the person by whom the original decision or order was made, and
(c) does not affect any access agreement or access determination that is in force when it takes effect.
(Repealed)
The Tribunal may conduct investigations for the purpose of enabling it to exercise its functions under this Part.
Except to the extent to which the regulations otherwise provide, Division 7 of Part 3 of the Independent Pricing and Regulatory Tribunal Act 1992 applies to an investigation under this section in the same way as it applies to an investigation under that Act.
(Repealed)
The Tribunal may, by order in writing, direct the holder of an authorisation—
(a) to keep specified records, and
(b) to furnish specified information to the Tribunal,
for the purpose of enabling the Tribunal to ascertain whether or not the holder of the authorisation is complying with the requirements of this Act.
It is a condition of an authorisation that its holder must comply with the requirements of any such direction.
It is the duty of the Tribunal to notify the Minister if it becomes aware of any contravention of this Part by the holder of an authorisation.
In this section, a reference to the holder of an authorisation extends (in the case of a body corporate) to any of its related bodies corporate within the meaning of the Corporations Act 2001 of the Commonwealth.
(Repealed)
(cf section 63B of Electricity Supply Act 1995)
In this Part—
(cf section 63C of Electricity Supply Act 1995)
The Minister may approve rules for or with respect to the following matters—
(a), (b) (Repealed)
(c) the operation of distribution pipelines,
(d) (Repealed)
(d1) the establishment and operation of a wholesale natural gas market scheme, to ensure the continuity of supply of natural gas to customers, that will apply to the owners and operators of natural gas transmission pipelines, shippers of natural gas and authorised reticulators and retailers,
(e) (Repealed)
(f) any other matter prescribed by the regulations,
(g) matters ancillary to or consequential on the matters set out in paragraphs (c)–(f).
A rule may make provision for or with respect to a matter by applying, adopting or incorporating, with or without modification, the provisions of any Act or statutory rule or any other publication, whether of the same or of a different kind.
Rules referred to in subsection (1) (d1) may make provision for or with respect to the following—
(a) interruptions to the supply of natural gas in circumstances specified in the rules,
(b) the functions of the scheme regulator (being the person identified as such by the rules) with respect to ensuring compliance with the rules, including—
(i) the power to make orders against the owners and operators of natural gas transmission pipelines, shippers of natural gas and authorised reticulators and retailers (the
scheme participants ), and(ii) the power to impose civil penalties of up to $50,000 on scheme participants for failure to comply with the rules or any order of the scheme regulator,
(c) the costs payable by a scheme participant if the scheme regulator makes an order against the scheme participant or imposes a civil penalty on the scheme participant, and the recovery of any such costs or civil penalty.
A rule may—
(a) apply generally or be limited in its application by reference to specified exceptions or factors, or
(b) apply differently according to different factors of a specified kind, or
(c) authorise any matter or thing to be from time to time agreed, determined, applied or regulated by any specified person or body.
The Minister may from time to time approve amendments to the rules or the revocation of rules.
If a rule, or a rule amending or revoking a rule, is approved by the Minister—
(a) written notice of the approval of the rule must be published in the Gazette, and
(b) the rule takes effect on the day on which notice is so published or, if a later day is specified in the rule for commencement, on the later day so specified, and
(c) the Minister must make available a copy of the rule to each retailer or reticulator, unless the rule is approved in respect of a matter referred to in subsection (1) (d1), and
(d) the Minister must make available a copy of the rule on the internet site of the Department.
A rule must not be inconsistent with this Act or the regulations, or the National Energy Retail Law (NSW) or the National Energy Retail Regulations (NSW), or the National Gas (NSW) Law or the National Gas (NSW) Regulations, and is unenforceable to the extent of any such inconsistency.
Subject to subsection (6), a rule may be approved for the purposes of both this Act and any other Act or law.
In this section—
(a) any distribution pipeline (other than a pipeline that the regulations declare to be, or to form part of, a natural gas transmission pipeline), or
(b) any gas installation, or
(c) any gas pipe or associated equipment that is wholly situated on land owned by the person who owns or controls the gas pipe or equipment, or
(d) any gas pipe or associated equipment that the regulations declare not to be, or not to form part of, a natural gas transmission pipeline.
(cf section 63D of Electricity Supply Act 1995)
A person must not contravene the market operations rules.
Maximum penalty—200 penalty units.
(Repealed)
It is a condition of a reticulator’s authorisation that the reticulator must comply with the market operations rules.
Subsection (1) does not apply to a person in the person’s capacity as a customer of a retailer.
A person may be convicted of an offence under this section even though that person may have been required to pay a civil penalty under market operations rules in respect of the same act or omission.
The scheme operator, or an officer or employee of the scheme operator, does not incur any civil monetary liability for an act or omission in the exercise, or purported exercise, of a function of the scheme operator under the rules unless the act or omission is done or made in bad faith or through negligence.
The operator of a natural gas transmission pipeline, or an officer or employee of the operator, does not incur any civil monetary liability in respect of a disclosure of information to the scheme operator in compliance with, or in purported compliance with, a requirement under the rules unless the disclosure is made in bad faith or through negligence.
The civil monetary liability for an act or omission of a kind referred to in subsection (1), or of a disclosure referred to in subsection (2), done or made through negligence may not exceed the maximum amount prescribed by the regulations.
For the purposes of subsection (3), the regulations may—
(a) prescribe maximum amounts that are limited in their application to persons, events, circumstances, losses or periods specified in the regulations, and
(b) prescribe maximum amounts that vary in their application according to the persons to whom or the events, circumstances, losses or periods to which they are expressed to apply, and
(c) prescribe the manner in which a maximum amount is to be divided amongst claimants.
The scheme operator may enter into an agreement with a person varying or excluding the operation of a provision of this section (other than subsection (6) (b)) and, to the extent of that agreement, that provision does not apply.
This section does not apply to—
(a) any liability of an officer or employee of the scheme operator to the scheme operator, or
(b) any liability for death or bodily injury.
In this section—
(Repealed)
A person must not operate a distribution system for the purpose of conveying to any other person—
(a) liquefied petroleum gas, or
(b) any other gas (other than natural gas) prescribed by the regulations for the purposes of this section,
otherwise than under the authority of a distributor’s licence.
Maximum penalty—
(a) 5,000 penalty units, and
(b) for a continuing offence—a further 500 penalty units for each day the offence continues.
Subject to any conditions imposed by or under this Act, a
An application for a licence or for the transfer of a licence—
(a) must be accompanied by such fee as may be determined by the Minister, and
(b) must contain such information as may be determined by the Minister, and
(c) must be lodged at the office of the Tribunal.
Before determining an application for a licence or for the transfer of a licence, the Minister must cause notice of the application to be published in the Gazette and in such other manner as the Minister is satisfied is likely to bring the notice to the attention of members of the public.
The notice must indicate—
(a) the nature of the licence to which the application relates, and
(b) the identity of the proposed holder of the licence, and
(c) the district in which the licence, if granted or transferred, would operate, and
(d) where submissions on the application should be lodged, and
(e) the time (being at least 40 days from the date on which the notice is first published) within which any such submissions should be lodged, and
(f) such other matters as may be prescribed by the regulations.
The Minister must give due consideration to matters arising from any submissions under this section.
The Minister may determine an application for a licence by—
(a) granting the application, or
(b) granting the application with the modifications the Minister considers appropriate, or
(c) refusing the application.
The Minister may determine an application for the transfer of a licence by—
(a) granting the application, or
(b) refusing the application.
When granting an application under subsection (1), with or without modifications, or subsection (1A), the Minister may impose conditions under section 40(1)(b).
An application may be refused on any of the following grounds—
(a) that the proposed holder of the licence fails to satisfy such technical or prudential criteria as have been adopted by the Minister to determine whether a person is able to operate a viable business as a licensed distributor,
(b) such grounds as may be prescribed by the regulations,
(c) such grounds as the Minister considers relevant, having regard to the interests of consumers and the need to promote a competitive market for the gas concerned, to prevent misuse of market power and to ensure the security and reliability of the New South Wales supply system for gas (other than natural gas).
The Minister must endeavour to determine an application within 6 months after it is made.
Subject to the conditions imposed on it, a licence remains in force until it is cancelled.
A licence is subject to the following conditions—
(a) the conditions imposed by this Act and the regulations,
(b) such other conditions (not inconsistent with those imposed by this Act and the regulations) as the Minister may from time to time impose in relation to the licence.
Without limitation, the Minister may impose the following kinds of conditions on a licence—
(a) a condition specifying the period for which the licence is to remain in force,
(b) a condition requiring the holder of the licence to exercise its functions under this Act in accordance with specified guidelines or subject to specified restrictions, including conditions as to—
(i) the district within which those functions may be exercised, and
(ii) the implementation of Government policy on community service obligations to small retail customers,
(c) a condition requiring the holder of the licence to continue to satisfy such technical or prudential criteria as have been adopted by the Minister to determine whether a person is able to operate a viable business as a licensed distributor,
(d) a condition requiring the holder of the licence to maintain specified insurance cover in respect of specified risks,
(e) a condition requiring the holder of the licence—
(i) to prepare, and submit to the Minister for approval, a plan setting out (in accordance with guidelines established by the Minister) the holder’s policies, practices and procedures with respect to the conduct of its affairs under the licence, and
(ii) to conduct its affairs under the licence in accordance with the plan as so approved,
(f) a condition requiring the holder of the licence to furnish to the Minister (at such times and in respect of such periods as the Minister may determine) such information as the Minister may determine to enable the Minister to ascertain whether or not the holder is complying with the conditions imposed on the licence by this Act or the regulations or by the Minister.
The Minister may not impose a condition on a licence of the kind referred to in subsection (2) (b) (ii) unless the Minister has entered into an undertaking, on behalf of the State, to indemnify the holder of the licence with respect to the costs incurred by the holder in complying with the requirements of the condition.
The Minister may vary the conditions of a licence, either on his or her own motion or on the application of the holder of the licence.
In the case of an application to vary the conditions of a licence so as to extend a distribution district, section 37 applies to the application in the same way as it applies to an application for a licence.
An application to vary the conditions of a licence so as to extend a distribution district must be accompanied by such fee as may be determined by the Minister.
If the Minister is satisfied that the holder of a licence has knowingly contravened a requirement of this Act, the regulations or the conditions of the licence, the Minister may do 1 or more of the following—
(a) impose a monetary penalty not exceeding $250,000 on the holder of the licence,
(b) if the licence holder is a corporation—impose a monetary penalty not exceeding $50,000 on a person who is a director of or concerned in the management of the corporation, but only if the Minister is satisfied that the person knowingly authorised or permitted the contravention,
(c) cancel the licence.
Nothing in this section prevents a licence from being cancelled at the request of the licence holder.
The Tribunal may impose a monetary penalty on the holder of a licence.
The Tribunal may, instead of imposing a monetary penalty, require the holder of the licence to take such action as the Tribunal considers appropriate in the circumstances, including (for example) requiring the sending of information to customers or the publication of notices in newspapers.
The Tribunal may not require action to be taken under subsection (2) by the holder of a licence if the cost of that action would exceed the monetary penalty that the Tribunal could impose under this section on the holder.
If the Tribunal requires information to be sent to a customer under subsection (2), the holder of the licence may satisfy that requirement by sending the information to the customer with the next account or bill to be sent to the customer by the holder or, if the holder is sending other information to that customer before the next account or bill, with that other information.
Action may be taken under this section only if the holder of the licence has knowingly contravened the conditions of the licence.
The monetary penalty that the Tribunal may impose under this section must not exceed $20,000 for the first day on which the contravention concerned occurs and a further $1,000 for each subsequent day (not exceeding 30 days) on which the contravention continues.
The Tribunal must not take action under this section unless—
(a) the Tribunal has considered whether the contravention has been or is likely to be the subject of any other penalty or action or any claim for compensation, and is satisfied that it is nevertheless appropriate to take action under this section, and
(b) the Tribunal has considered the action that the holder of the licence has taken or is likely to take in respect of the contravention and the cost to the holder in taking that action, and is satisfied that it is nevertheless appropriate to take action under this section.
The Tribunal is required to consider the seriousness of the contravention concerned in determining to impose a monetary penalty under this section.
The Tribunal must not take action under this section in respect of a contravention if the Minister has already taken action under section 42 in respect of the contravention.
Nothing in this section affects the Minister’s powers under section 42 in respect of a contravention, whether or not the Tribunal has already taken action under this section in respect of the contravention.
The Minister must not take action under section 40, 41 or 42, or the Tribunal must not take action under section 42A, unless—
(a) notice of the proposed action has been given to the holder of the licence, and
(b) the holder of the licence has been given a reasonable opportunity to make submissions with respect to the proposed action, and
(c) the Minister or Tribunal has given due consideration to any such submissions.
In addition, the Minister must not take action under section 42, or the Tribunal must not take action under section 42A, in respect of any contravention referred to in that section unless—
(a) notice of the contravention has been given to the holder of the licence, and
(b) the holder of the licence has been given a reasonable opportunity to discontinue the contravention and take such steps (if any) as are specified in the notice to remedy the effects of the contravention, and
(c) the holder of the licence has failed to discontinue the contravention or take those steps.
Subsection (1) does not apply to action taken at the request of the holder of the licence.
It is a condition of a licence that the holder of the licence must pay an annual licence fee determined by the Minister.
The annual licence fee must be paid by the holder of the licence by the date and in the way specified by the Minister by written notice to the holder.
A person aggrieved by any of the following decisions of the Minister may appeal to the Supreme Court against the decision—
(a) a decision cancelling a licence,
(b) a decision imposing a condition on a licence (other than a condition imposed when the licence is granted),
(c) a decision varying the conditions of a licence,
(d) a decision refusing an application for the transfer of a licence,
(e) a decision imposing a monetary penalty on the holder of a licence.
An appeal is to be by way of a new hearing and fresh evidence, or evidence in addition to or in substitution for the evidence on which the original decision was made, may be given on the appeal.
For the purposes of an appeal, the Minister may certify in writing that a specified policy applies to the subject matter of the appeal.
In deciding an appeal to which such a certificate relates, the Supreme Court is required to apply the policy so certified, except to the extent to which the application of that policy would be contrary to law.
The decision of the Supreme Court in respect of an appeal is taken to be the decision of the Minister and is to be given effect to accordingly.
The holder of a licence who is aggrieved by a decision of the Tribunal to take action under section 42A in relation to the holder of the licence may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the decision.
Section 53 (Internal reviews) of the Administrative Decisions Review Act 1997 does not apply to such a decision of the Tribunal.
A register of licences is to be kept at the office of the Tribunal.
The register is to contain details of all licences that are granted or transferred, including details concerning the conditions imposed on them by the Minister, and is also to contain details of all determinations made by the Minister with respect to licences and their conditions.
The register is to be kept available for inspection by members of the public, free of charge, during normal office hours.
Copies of entries in the register are to be made available to members of the public, at cost, during normal office hours.
This section applies to work connected with the erection, installation, extension, alteration, maintenance and removal of gas works.
For the purposes of this Act, a network operator—
(a) may carry out work to which this section applies, and
(b) in particular, may carry out any such work on a public road.
Work to which this section applies is exempt from the requirement for an approval under the Local Government Act 1993 except in relation to buildings.
However, no such work (other than routine connections, repairs or maintenance work) may be carried out unless—
(a) notice of the proposal to carry out the work has been given to the local council, and
(b) the local council has been given a reasonable opportunity (being at least 40 days from the date on which the notice was given) to make submissions to the network operator in relation to the proposal, and
(c) the network operator has given due consideration to any submissions so made.
Subsection (4) does not apply to the carrying out of any such work to cope with emergencies.
If a public road or public reserve is damaged by any work carried out by a network operator, the local council or roads authority may require the network operator to make good the damage without delay.
If the network operator fails to carry out appropriate work in accordance with any such requirement, the local council or roads authority may carry out the work itself.
The cost of carrying out the work may be recovered by the local council or roads authority in a court of competent jurisdiction as a debt owed to it by the network operator.
A network operator may serve a written notice on a person if—
(a) the network operator needs an alteration to be made in the position of a conduit owned by the person, and
(b) the alteration would not permanently damage the conduit or adversely affect its operation.
The notice—
(a) must specify the work to be carried out, and
(b) must specify a reasonable time within which the work is to be carried out, and
(c) must include an undertaking by the network operator to pay the reasonable cost of carrying out the work.
If the work is not carried out as required by the notice, the network operator may carry out the work in a manner that does not permanently damage the conduit or adversely affect its operation.
In this section,
This section applies if a network operator has reasonable cause to believe that—
(a) a structure or thing situated in, on or near the operator’s gas works is destroying, damaging or interfering with the gas works, or
(b) there is a material risk that a structure or thing situated in, on or near the operator’s gas works could destroy, cause damage to, or interfere with the gas works.
The network operator may—
(a) give written notice to the person having control of the structure or thing requiring the person to modify or remove the structure or thing, or
(b) in an emergency—
(i) modify or remove the structure or thing itself, or
(ii) move the gas works away from the structure or thing.
A notice under subsection (2)(a)—
(a) must specify—
(i) the work to be carried out, and
(ii) a reasonable time within which the work must be carried out, and
(b) may allow the person to elect to have the network operator move the gas works away from the structure or thing.
If a person given a notice under subsection (2)(a) fails to carry out the work in accordance with the notice, the network operator may carry out the work.
A network operator may apply for an injunction to prevent a structure or thing being placed in, on or near the operator’s gas works.
Work undertaken by the person having control of the structure or thing in accordance with a notice given under section 50(2)(a) must be carried out at the expense of the person.
If the network operator carries out work under section 50(4) or following an election under section 50(3)(b), the cost of carrying out the work and repairing any damage caused to the operator’s gas works by the structure or thing may be recovered by the operator in a court of competent jurisdiction as a debt owing to the operator by the person in control of the structure or thing.
Despite subsection (2), a network operator may not recover costs associated with work carried out under section 50—
(a) if the structure or thing was—
(i) lawfully placed or constructed before the installation of the gas works, or
(ii) placed or constructed with the consent of the network operator, or
(b) if the work was undertaken due to a material risk that a structure or thing situated in, on or near the operator’s gas works could destroy, cause damage to, or interfere with those works, and the structure or thing was lawfully placed or constructed—
(i) after the installation of the gas works, and
(ii) before the commencement of section 50(1)(b) as inserted by the Energy Legislation Amendment Act 2021.
A person issued with a notice under section 50(2)(a) must pay the reasonable costs incurred by the network operator to repair damage to the gas works caused by—
(a) the structure or thing, and
(b) the removal or modification of the structure or thing.
If a network operator takes action under section 50(2)(b) to modify or remove a structure or thing, the person having control of the structure or thing must pay the reasonable costs incurred by the network operator to repair damage to the gas works caused by the structure or thing.
Despite subsections (1) and (2), a network operator may not recover the cost of repairing damage to the operator’s gas works—
(a) if the structure or thing was—
(i) lawfully placed or constructed before the installation of the gas works, or
(ii) placed or constructed with the consent of the network operator, or
(b) if the work is undertaken due to a material risk that a structure or thing situated in, on or near the operator’s gas works could destroy, cause damage to, or interfere with those works, and the structure or thing was lawfully placed or constructed—
(i) after the installation of the gas works, and
(ii) before the commencement of section 50(1)(b) as inserted by the Energy Legislation Amendment Act 2021.
The costs payable under this section may be recovered by the operator in a court of competent jurisdiction as a debt owing to the operator by the person in control of the structure or thing.
This section applies if a network operator has reasonable cause to believe that the carrying out or proposed carrying out of excavation work in, on or near its gas works—
(a) could destroy, damage or interfere with those works, or
(b) could make those works become a potential risk to public safety.
In those circumstances, a network operator may serve a written notice on the person carrying out or proposing to carry out the excavation work requiring the person—
(a) to modify the excavation work, or
(b) not to carry out the excavation work, but only if the network operator is of the opinion that modifying the excavation work will not be effective in preventing the destruction or damage of, or interference with, the gas works concerned or in preventing those works becoming a potential risk to public safety.
A notice under subsection (2) must specify the excavation work that is to be modified or not carried out.
A network operator may recover the following costs in a court of competent jurisdiction as a debt owed to it by a person who carried out excavation work the subject of a notice under subsection (2)—
(a) the costs incurred in replacing any of the network operator’s gas works destroyed by the excavation work,
(b) the costs incurred in repairing any damage to the network operator’s gas works caused by the excavation work,
(c) the costs incurred in remedying or mitigating any interference with the network operator’s gas works caused by the excavation work.
A network operator may apply for an injunction to prevent the carrying out of excavation work in, on or near its gas works.
A network operator may take action under this section even if the person carrying out the excavation work owns or occupies the land in, on or over which the network operator’s gas works are situated.
No annual or other periodic or special charge is payable by a network operator to a local council or roads authority in respect of any gas works located in a public reserve or public road or in respect of the space in a public reserve or public road that is occupied by any such works.
A network operator is the owner of its gas works, whether or not the land in, on or over which they are situated is owned by the network operator.
A network operator’s gas works are not to be taken in execution of any judgment against a person other than the network operator under any process of a court.
The provisions of this section have effect despite anything contained in section 42 of the Real Property Act 1900.
A network operator may interrupt the supply of gas to a customer, at such reasonable times as the network operator determines—
(a) for the purpose of inspecting, testing or carrying out repairs or maintenance work on its gas works, or
(b) for such other purpose as the network operator considers necessary for the safe and efficient operation of its gas works.
A government inspector may direct a network operator to take reasonable steps to disconnect specified premises from the gas network or discontinue gas supply to specified premises if the government inspector is satisfied it is necessary to ensure compliance with this Act or the regulations.
A government inspector may direct a network operator to reconnect specified premises to the gas network or continue gas supply to specified premises if the government inspector is satisfied it is necessary to ensure compliance with this Act or the regulations.
A network operator must comply with a direction given to the network operator under subsection (1) or (2).
Maximum penalty for subsection (3)—
(a) for a corporation—
(i) 5,000 penalty units, and
(ii) for a continuing offence—a further 500 penalty units for each day the offence continues, or
(b) for an individual—
(i) 1,000 penalty units, and
(ii) for a continuing offence—a further 100 penalty units for each day the offence continues.
A government inspector may disconnect premises from the gas network or discontinue gas supply to premises if satisfied the disconnection or discontinuance is necessary to ensure the safety of the gas network.
As soon as practicable after disconnecting premises or discontinuing gas supply to premises, the government inspector must give written notice to the occupier of the premises.
A gas industry inspector may enter any premises for the purpose of exercising any function conferred or imposed on a network operator by or under this Act, including—
(a) carrying out preliminary investigations in connection with the proposed installation or extension of gas works, or
(b) installing, extending, maintaining, repairing or removing gas works, or
(c) reading gas meters, or
(d) checking if the network operator’s conditions relating to tariffs and the use of gas are being complied with, or
(e) ascertaining whether an offence against this Act or the regulations has been committed, or
(f) monitoring any excavation work in accordance with regulations under section 64C, or
(g) exercising any function conferred on the network operator by section 50 or 50A.
A government inspector may enter any premises for the purposes of—
(a) ascertaining whether an offence against this Act or the regulations has been committed, or
(b) preventing or mitigating harm from a hazardous event relating to the supply of gas.
(Repealed)
Except in emergencies, the power of entry may be exercised only during daylight hours.
Before a government inspector exercises a power of entry under this division, the government inspector must give the owner or occupier of the land written notice of the intention to enter the land.
Before a gas industry inspector exercises a power of entry under this division, the network operator must give the owner or occupier of the land written notice of the intention to enter the land.
The notice must specify the day on which the inspector intends to enter the land and must be given before that day.
This section does not require notice to be given—
(a) if entry to the land is made with the consent of the owner or occupier of the land, or
(b) if entry is required for the sole purpose of reading a gas meter, or
(c) if entry is required in an emergency.
Reasonable force may be used for the purpose of gaining entry to any land (other than such part of a building as is being used for residential purposes) under a power conferred by this Division.
Reasonable force may be used by a gas industry inspector under subsection (1) only if authorised by the network operator in accordance with subsection (2).
The authority—
(a) must be in writing, and
(b) must be given in respect of the particular entry concerned, and
(c) must specify the circumstances that must exist before force may be used.
A gas industry inspector—
(a) who uses force for the purpose of gaining entry to land, or
(b) who enters land in an emergency without giving written notice to the owner or occupier of the land,
must promptly advise the network operator of that fact.
The network operator must give notice of the entry to such persons or authorities as appear to the network operator to be appropriate in the circumstances.
In the exercise of a power under this Division, an inspector must do as little damage as possible.
As far as practicable, entry onto fenced land is to be made through an existing opening in the enclosing fence or, if entry through an existing opening is not practicable, through a new opening.
Any new opening is to be properly closed when the need for entry ceases.
If, in the exercise of a power under this Division, any pit, trench, hole or bore is made, the relevant person must, if the owner or occupier of the land so requires—
(a) fence it and keep it securely fenced so long as it remains open or not sufficiently sloped down, and
(b) without unnecessary delay, fill it up or level it or sufficiently slope it down.
In this section—
(a) for a power exercised by a government inspector—the Secretary, or
(b) for a power exercised by a gas industry inspector—the network operator.
If a gas industry inspector enters any land for the purpose of making an inspection and, as a result of the inspection, the network operator requires any work to be carried out on the land, the network operator may recover the reasonable costs of the entry and inspection from the owner or occupier of the land.
The network operator must pay compensation to the owner of any land in respect of which a power has been exercised under this Division by a gas industry inspector for any loss or damage arising from the exercise of the power, but is not so liable to the extent to which the loss or damage arises from work done for the purposes of an inspection which reveals that there has been a contravention by the owner of any provision of this Act or the regulations.
A power of entry under this Division may not be exercised by an inspector unless the inspector—
(a) is in possession of a certificate of authority issued by—
(i) for a government inspector—the Secretary, or
(ii) for a gas industry inspector—the network operator, and
(b) produces the certificate when required to do so by the owner or occupier of the land.
The certificate of authority—
(a) must state that it is issued under this Act, and
(b) must give the name of the person to whom it is issued, and
(c) must describe the nature of the powers conferred and the source of those powers, and
(d) must state the date (if any) on which it expires, and
(e) must describe the kind of land to which the power extends.
(f) (Repealed)
A person must, as soon as practicable after ceasing to be an inspector, return the person’s certificate of authority to—
(a) if the person was a government inspector—the Secretary, or
(b) if the person was a gas industry inspector—the network operator.
Maximum penalty for subsection (3)—
(a) 100 penalty units, and
(b) for a continuing offence—a further 10 penalty units for each day the offence continues.
A power of entry conferred by this Division is not exercisable in relation to such part of a building as is used for residential purposes except—
(a) with the consent of the occupier of that part of the premises, or
(b) for the sole purpose of reading a gas meter, or
(b1) for a government inspector—for the sole purpose of accessing a consumer service, or
(c) under the authority conferred by a warrant of entry.
A government inspector may, at premises lawfully entered, do the following if the government inspector considers it necessary to ensure compliance with this Act or the regulations—
(a) seize a thing, if the government inspector has reasonable grounds for believing the thing is connected with an offence against this Act or the regulations,
(b) move a seized thing from the place where the thing is seized or leave the thing at the place where the thing is seized and take reasonable action to restrict access to the thing,
(c) make a seized thing inoperable,
Examples of making a thing inoperable— dismantling the thing or removing a component without which the thing is not capable of being used
(d) carry out tests,
(e) examine, inspect and remove records or other documents,
(f) copy records or other documents.
The power to seize a thing connected with an offence includes a power to seize—
(a) a thing for or with which the offence has been committed, and
(b) a thing providing evidence of the commission of the offence, and
(c) a thing used for the purposes of committing the offence.
The power to do a thing under this section—
(a) includes a power to require or arrange for the thing to be done, and
(b) may be exercised without the consent of the owner of the thing.
The power under subsection (1)(e) and (f) includes a power to examine, inspect and remove a record or other document, or to copy a record or other document, that is or includes an individual’s health information the government inspector believes, on reasonable grounds, may be relevant to providing evidence of the commission of an offence against this Act or the regulations.
In this section, a reference to an offence includes a reference to an offence there are reasonable grounds for believing has been committed.
A government inspector may, by written notice to a person, require the person to give relevant information to the government inspector.
A notice under subsection (1) must specify the following—
(a) the information required to be given,
(b) the form in which the information must be given,
(c) the time within which the information must be given.
A government inspector may require a person to answer questions in relation to a relevant matter if the government inspector believes, on reasonable grounds, the person has knowledge of the relevant matter.
A government inspector may, by written notice to a person, require the person to attend at a specified place and time to answer questions under subsection (3) if attendance at the place is reasonably required for the questions to be properly put and answered.
The place and time at which a person may be required to attend must be—
(a) a place or time nominated by the person, or
(b) if the place and time nominated is not reasonable in the circumstances or a place and time is not nominated by the person—a place and time nominated by the government inspector that is reasonable in the circumstances.
The power of a government inspector to require a person to give information or answer questions under this section includes a power to require the person to give, or answer questions relating to, health information about an individual the government inspector reasonably believes may provide evidence of the commission of an offence against this Act or the regulations.
A person must not, without lawful excuse, fail to comply with a requirement made of the person under this section.
Maximum penalty—
(a) for a corporation—5,000 penalty units, or
(b) for an individual—1,000 penalty units.
A person must not give information in purported compliance with a requirement under this section knowing the information is false or misleading in a material particular.
Maximum penalty—
(a) for a corporation—5,000 penalty units, or
(b) for an individual—1,000 penalty units.
In this section—
A government inspector may direct a network operator to carry out a specified activity or take other specified action if the government inspector believes, on reasonable grounds, the carrying out of the activity or the taking of the action is necessary to—
(a) ensure the safe supply of gas by the network operator, or
(b) prevent damage to gas works owned or operated by the network operator, or
(c) ensure the network operator complies with this Act or the regulations.
A government inspector may direct a person to stop carrying out an activity if the government inspector believes, on reasonable grounds—
(a) the activity is damaging, or is likely to damage, gas works, or
(b) the activity otherwise threatens the safe supply of gas, or
(c) it is necessary to ensure the person complies with this Act or the regulations.
A direction must be given in writing unless it is reasonably necessary to give the direction verbally—
(a) because of an emergency, or
(b) to prevent or mitigate an imminent threat of—
(i) death or serious injury to persons, or
(ii) serious damage to property or the safe supply of gas.
A person must comply with a direction given to the person under this section.
Maximum penalty for subsection (4)—
(a) for a corporation—
(i) 5,000 penalty units, and
(ii) for a continuing offence—a further 500 penalty units for each day the offence continues, or
(b) for an individual—
(i) 1,000 penalty units, and
(ii) for a continuing offence—a further 100 penalty units for each day the offence continues.
A government inspector may direct a person to not enter, or to leave, a specified place by a specified time or for a specified period if the government inspector is satisfied it is reasonably necessary to give the direction—
(a) to enable the proper investigation of—
(i) a hazardous event relating to gas works, or
(ii) a person’s compliance with this Act or the regulations, or
(b) because of a potential risk to the safety of persons at the place posed by, or as a result of, a hazardous event relating to gas works.
A direction may apply to—
(a) persons generally, or
(b) a specified person or class of persons.
A direction must be given in writing unless it is reasonably necessary to give the direction verbally—
(a) because of an emergency, or
(b) to prevent or mitigate an imminent threat of—
(i) death or serious injury to persons, or
(ii) serious damage to property or the safe supply of gas.
A direction that applies to persons generally or to a specified class of persons may be given by notice prominently displayed at the place where the direction applies.
A direction that applies to a specified person must be given to the person.
A person must comply with a direction that applies to the person under this section.
Maximum penalty for subsection (6)—
(a) for a corporation—
(i) 5,000 penalty units, and
(ii) for a continuing offence—a further 500 penalty units for each day the offence continues, or
(b) for an individual—
(i) 1,000 penalty units, and
(ii) for a continuing offence—a further 100 penalty units for each day the offence continues.
A person is not guilty of an offence of failing to comply with a requirement under this division to give information or answer a question unless the person was warned on that occasion that a failure to comply with the requirement is an offence.
A person is not excused from a requirement under this division to give information or answer a question on the ground that the information or answer might incriminate the person or make the person liable to a penalty.
However, information or an answer given by a natural person in compliance with a requirement under this division is not admissible in evidence against the person in criminal proceedings, other than proceedings under this division, if—
(a) the person objected at the time to doing so on the ground that it might incriminate the person, or
(b) the person was not warned on that occasion that the person may object to giving the information or answer on the ground that it might incriminate the person.
A record given by a person in compliance with a requirement under this division to give information is not inadmissible in evidence against the person in criminal proceedings on the ground that the record might incriminate the person.
Further information obtained as a result of information or an answer given in compliance with a requirement under this division is not inadmissible on the ground that—
(a) the information or answer had to be given, or
(b) the information or answer given might incriminate the person.
This section extends to a requirement under this division to state a person’s name and address.
A government inspector may apply to an authorised officer for a warrant of entry if, in the government inspector’s opinion, it is necessary for the government inspector to enter and inspect land, including a building used for residential purposes, for the purposes of this Act.
The network operator may apply to an authorised officer for a warrant of entry if it is of the opinion that it is necessary for an inspector to enter and inspect any land (including any building used for residential purposes) for the purposes of this Act.
An authorised officer to whom such an application is made may, if satisfied that there are reasonable grounds for doing so, issue a warrant of entry authorising an inspector named in the warrant to enter and inspect the land for the purposes of this Act.
Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a warrant of entry under this section in the same way as it applies to a search warrant under that Act.
In this section—
In this Part,
(a) Dial Before You Dig NSW/ACT Incorporated, or
(b) if another person or body is prescribed by the regulations for the purposes of this definition, that other person or body.
It is a condition of a distributor’s licence that the distributor must—
(a) be a member of the designated information provider, and
(b) comply with any obligations imposed by that membership.
It is a condition of a reticulator’s authorisation that the reticulator must—
(a) be a member of the designated information provider, and
(b) comply with any obligations imposed by that membership.
The regulations may make provision for or with respect to the provision of information by network operators in respect of underground gas pipelines, including (but not limited to) the provision of such information in connection with a request for information under section 64C.
A person must not commence to carry out excavation work to which this section applies, or authorise such excavation work to be commenced, unless the person has first—
(a) contacted the designated information provider and requested information as to the location and type of any underground gas pipelines in the vicinity of the proposed work, and
(b) complied with any reasonable procedures of the designated information provider as to the manner of contacting the designated information provider and the information to be provided by the person in connection with the person’s request for information, and
(c) allowed a reasonable period for the requested information to be provided.
Maximum penalty—
(a) for a corporation—2,000 penalty units, or
(b) for an individual—400 penalty units.
Subsection (1) does not require a person to whom that subsection applies to comply with the requirements of that subsection in relation to excavation work if another person to whom that subsection applies has already complied with those requirements in relation to that excavation work.
A person must not carry out excavation work to which this section applies, or authorise such excavation work to be carried out, unless the person has ensured that any requirements of the regulations in relation to the carrying out of the work are complied with.
Maximum penalty—
(a) for a corporation—2,000 penalty units, or
(b) for an individual—400 penalty units.
The regulations may make provision for or with respect to the following—
(a) prescribing requirements in relation to the carrying out of excavation work to which this section applies,
(b) requiring notification to be given to a specified person or body, or person or body of a specified class, in relation to the carrying out of excavation work to which this section applies,
(c) the monitoring of excavation work to which this section applies,
(d) what constitutes reasonable procedures for the purposes of subsection (1),
(e) what constitutes a reasonable period for requested information to be provided for the purposes of subsection (1).
This section applies to excavation work in an area, and of a kind, prescribed by the regulations.
A person must, as soon as practicable after becoming aware that any action of the person or any action authorised by the person has damaged an underground gas pipeline, notify the network operator that owns the pipeline of the damage.
Maximum penalty—
(a) for a corporation—5,000 penalty units, or
(b) for an individual—1,000 penalty units.
The regulations may make provision for the manner in which a person must notify for the purposes of subsection (1).
Subsection (1) does not require a person to notify the network operator of the damage concerned if another person to whom that subsection applies has already notified the network operator of the damage.
This section applies where a court convicts a person of an offence against this Part or section 66.
The court may, if it appears to the court that a network operator has, by reason of the commission of the offence—
(a) suffered loss or damage to its gas works, or
(b) incurred costs and expenses in preventing or mitigating, or in attempting to prevent or mitigate, any such loss or damage,
order the offender to pay to the network operator the costs and expenses so incurred, or compensation for the loss or damage so suffered, as the case may be, in such amount as is fixed by the order.
A court may not make an order under subsection (2) for the payment of an amount that exceeds the amount for which an order may be made by the court when exercising jurisdiction under the Civil Procedure Act 2005. An order made by the court is enforceable as if it were an order made by the court when exercising jurisdiction under that Act.
Orders may be made under this section in addition to any penalty that may be imposed or any other action that may be taken in relation to the offence concerned.
Orders may be made under this section regardless of whether any penalty is imposed, or other action taken, in relation to the offence concerned.
In this section—
This section applies to the following persons—
(a) the designated information provider, any officer or employee of the designated information provider or any person acting on behalf of the designated information provider,
(b) a network operator, any officer or employee of the network operator or any person acting on behalf of the network operator.
A person to whom this section applies does not incur any civil monetary liability for any act or omission in connection with a request for information under section 64C or the provision of information in compliance or purported compliance with the regulations under section 64B unless the act or omission is done or made in bad faith or through negligence.
In this clause,
Section 64B (1) (as inserted by the amending Act) applies to licences whether or not granted before, on or after the commencement of that subsection.
Section 64B (2) (as inserted by the amending Act) applies to authorisations whether or not granted before, on or after the commencement of that subsection.
A provision of section 64E or 66 (2)–(4) (as inserted by the amending Act) applies to offences committed on or after the commencement of that provision.
Section 64F (as inserted by the amending Act) applies to acts or omissions done or made on or after the commencement of that section.
Division 3 of Part 2 of this Act (other than section 28A), as in force immediately before 30 June 2013, has effect on and from the date of assent to the Energy Legislation Amendment (Retail Electricity and Gas Pricing) Act 2015 as if section 28A (1) as then in force had not been enacted.
In this Part—
The Tribunal is to continue to carry out its functions under section 75A (3A), as in force before the repeal of that subsection by the amending Act, in respect of any period before that repeal and this Act applies to those functions as if the amending Act had not commenced.
A person who was a regulated offer customer for the supply of gas immediately before the repeal of Division 3 of Part 2 of this Act by the amending Act may make an application under section 96A of the Electricity Supply Act 1995 in respect of any decision made before that repeal for which an application could have been made under an energy ombudsman scheme before that repeal. Section 96A of that Act continues to apply to any such application.
The provisions of an energy ombudsman scheme approved under section 96B of the Electricity Supply Act 1995 and applicable to regulated offer customers for the supply of gas immediately before that repeal continue to apply to a dispute or complaint between the regulated offer customer and a retailer about a matter that occurred before that repeal.
In this Part—
Section 9, as amended by the amending Act, applies to an application for an authorisation or transfer of an authorisation made, but not finally determined, before the commencement of the amendment.
Section 38, as amended by the amending Act, applies to an application for a licence or transfer of a licence made, but not finally determined, before the commencement of the amendment.
(Section 4)
(a) the installation, alteration, extension or repair of an autogas installation, or
(b) the connection of a gas cylinder to, or the disconnection of a gas cylinder from, an autogas installation.
(a) unauthorised access to computer data or a computer program,
(b) unauthorised modification of computer data or a computer program,
(c) unauthorised impairment of electronic communication to or from a computer,
(d) unauthorised impairment of the availability, reliability, security or operation of a computer, computer data or a computer program.
(a) any pipeline in respect of which a licence is in force under the Pipelines Act 1967 (other than a pipeline that the regulations declare to be, or to form part of, a distribution pipeline), or
(b) any gas installation, or
(c) any gas pipe or associated equipment that is wholly situated on land owned by the person who owns or controls the gas pipe or equipment, or
(d) any gas pipe or associated equipment that the regulations declare not to be, or not to form part of, a distribution pipeline.
(a) any pipeline in respect of which a licence is in force under the Pipelines Act 1967 (other than a pipeline that the regulations declare to be, or to form part of, a distribution system), or
(b) any gas installation, or
(c) any gas pipe or associated equipment that is wholly situated on land owned by the person who owns or controls the gas pipe or equipment, or
(d) any gas pipe or associated equipment that the regulations declare not to be, or not to form part of, a distribution system.
(a) natural gas, or
(b) liquefied petroleum gas, or
(c) any other substance that the regulations declare to be a gas for the purposes of this Act.
(a) any pipe or system of pipes used to convey or control gas, and any associated fittings and equipment, that are downstream of the gas supply point, but does not include anything beyond the gas installation end point, and
(b) any flue that is downstream of the gas supply point,
but does not include an autogas installation.
(a) in the case of a gas installation to which gas is supplied from a gas network—the gas outlet socket, or
(b) in any other case—the control valve or other connection point of a gas appliance or of another gas container.
(a) in the case of a gas installation to which gas is supplied from a gas network—the outlet of the gas meter at which the gas is supplied, or
(b) in any other case—the control valve or other connection point of a gas container.
(a) the installation, alteration, extension or repair of a gas installation, or
(b) the installation, alteration, extension, removal or repair of a flue, or
(c) the connection of a gas installation to, or the disconnection of a gas installation from, a gas supply point, or
(d) the connection of a gas appliance to, or the disconnection of a gas appliance from, a gas installation (otherwise than where the point of connection is a gas outlet socket), or
(e) the connection of a gas container, gas regulator or gas appliance to, or the disconnection of a gas container, gas regulator or gas appliance from, a gas installation (otherwise than where it is designed to be readily detachable from the installation whether by the use of a tool, mechanical force or otherwise).
(a) physical injury or damage to the health of a person, or
(b) damage to property or the environment.
Gas Supply Act 1996 No 38. Assented to 25.6.1996. Date of commencement, except sec 11 (2) (b) (ii) and (4), Div 2 of Part 2, sec 51, Sch 1.7 [10] (to the extent to which it repeals sec 70 of the Gas Industry Restructuring Act 1986) and cl 8 of Sch 2, 12.7.1996, sec 2 (1) and GG No 84 of 12.7.1996, p 3986; date of commencement of sec 11 (2) (b) (ii) and (4), 1.7.1999, sec 2 (2); date of commencement of Div 2 of Part 2, 30.8.1996, sec 2 (1) and GG No 99 of 30.8.1996, p 4982; date of commencement of sec 51: not in force; date of commencement of Sch 1.7 [10] (to the extent to which it repeals sec 70 (2) (b) of the Gas Industry Restructuring Act 1986), 5.10.2001, sec 2 and GG No 150 of 5.10.2001, p 8375; Sch 1.7 [10] (to the extent to which it repeals sec 70 (except sec 70 (2) (b)) of the Gas Industry Restructuring Act 1986) was not commenced and the Schedule was repealed by the Energy Legislation Amendment (National Energy Retail Law) Act 2012 No 38; cl 8 of Sch 2 was not commenced and was repealed by the Statute Law (Miscellaneous Provisions) Act 2002 No 53. This Act has been amended as follows—
No 55 | Statute Law (Miscellaneous Provisions) Act 1997. Assented to 2.7.1997. Date of commencement of Sch 1.9, 12.7.1996, Sch 1.9. | |
No 104 | Gas Supply Amendment Act 1997. Assented to 28.11.1997. Date of commencement, assent, sec 2. | |
No 41 | Gas Pipelines Access (New South Wales) Act 1998. Assented to 26.6.1998. Date of commencement of Sch 1.2, 14.8.1998, sec 2 and GG No 120 of 14.8.1998, p 6026. | |
No 120 | Statute Law (Miscellaneous Provisions) Act (No 2) 1998. Assented to 26.11.1998. Date of commencement of Sch 1.19, assent, sec 2 (2). | |
No 25 | Gas Supply Amendment (Safety) Act 1999. Assented to 7.7.1999. Date of commencement, Sch 1 [3] excepted, 15.12.2000, sec 2 and GG No 155 of 1.12.2000, p 12072; Sch 1 [3] was not commenced and was repealed by the Independent Pricing and Regulatory Tribunal and Other Legislation Amendment Act 2000 No 60. | |
No 85 | Statute Law (Miscellaneous Provisions) Act (No 2) 1999. Assented to 3.12.1999. Date of commencement of Sch 2.26, assent, sec 2 (2). | |
No 60 | Independent Pricing and Regulatory Tribunal and Other Legislation Amendment Act 2000. Assented to 5.7.2000. Date of commencement of Sch 1, 1.11.2000, sec 2 and GG No 141 of 27.10.2000, p 11289; date of commencement of Sch 3, 17.7.2000, sec 2 and GG No 88 of 14.7.2000, p 6231. Amended by Statute Law (Miscellaneous Provisions) Act (No 2) 2000 No 93. Assented to 8.12.2000. Date of commencement of Sch 2.23, assent, sec 2 (2). | |
No 18 | Gas Supply Amendment (Retail Competition) Act 2001. Assented to 19.6.2001. Date of commencement of Sch 1 (except Sch 1 [2] [3] [6] [12] (to the extent to which it inserts secs 33C and 33D) [13] [16] [21] and [24]), 1.7.2001, sec 2 and GG No 103 of 29.6.2001, p 4440; date of commencement of Sch 1 [2] [3] [6] [12] (to the extent to which it inserts secs 33C and 33D) [13] [16] [21] and [24], 1.1.2002, sec 2 and GG No 196 of 21.12.2001, p 10440. | |
No 34 | Corporations (Consequential Amendments) Act 2001. Assented to 28.6.2001. Date of commencement of Sch 4.20, 15.7.2001, sec 2 (1) and Commonwealth Gazette No S 285 of 13.7.2001. | |
No 53 | Statute Law (Miscellaneous Provisions) Act 2002. Assented to 4.7.2002. Date of commencement of Sch 3, assent, sec 2 (1). | |
No 103 | Law Enforcement (Powers and Responsibilities) Act 2002. Assented to 29.11.2002. Date of commencement of Sch 4, 1.12.2005, sec 2 and GG No 45 of 15.4.2005, p 1356. | |
No 112 | Statute Law (Miscellaneous Provisions) Act (No 2) 2002. Assented to 29.11.2002. Date of commencement of Sch 1.10, assent, sec 2 (3). | |
No 38 | Occupational Health and Safety Amendment (Dangerous Goods) Act 2003. Assented to 22.7.2003. Date of commencement of Sch 2.10, 1.9.2005, sec 2 and GG No 110 of 1.9.2005, p 6395. | |
No 82 | Statute Law (Miscellaneous Provisions) Act (No 2) 2003. Assented to 27.11.2003. Date of commencement of Sch 3, assent, sec 2 (1). | |
No 55 | Statute Law (Miscellaneous Provisions) Act 2004. Assented to 6.7.2004. Date of commencement of Sch 3, assent, sec 2 (1). | |
No 28 | Civil Procedure Act 2005. Assented to 1.6.2005. Date of commencement of Sch 5.20, 15.8.2005, sec 2 (1) and GG No 100 of 10.8.2005, p 4205. | |
No 94 | Miscellaneous Acts (Local Court) Amendment Act 2007. Assented to 13.12.2007. Date of commencement of Schs 1.48, 2 and 4, 6.7.2009, sec 2 and 2009 (314) LW 3.7.2009. | |
No 13 | Gas Supply Amendment Act 2008. Assented to 16.5.2008. Date of commencement, assent, sec 2. | |
No 31 | National Gas (New South Wales) Act 2008. Assented to 19.6.2008. Date of commencement, 1.7.2008, sec 2 and GG No 76 of 27.6.2008, p 5868 and South Australian Government Gazette 26.6.2008, p 2553. | |
No 17 | Real Property and Conveyancing Legislation Amendment Act 2009. Assented to 13.5.2009. Date of commencement of Sch 3, assent, sec 2 (1). | |
No 18 | Gas Supply Amendment (Ombudsman Scheme) Act 2009. Assented to 15.5.2009. Date of commencement, 1.7.2009, sec 2 and 2009 (256) LW 26.6.2009. | |
No 31 | Energy Legislation Amendment (Infrastructure Protection) Act 2009. Assented to 9.6.2009. Date of commencement, 1.7.2010, sec 2 and 2010 (320) LW 1.7.2010. | |
No 56 | Statute Law (Miscellaneous Provisions) Act 2009. Assented to 1.7.2009. Date of commencement of Sch 1.17, 1.7.2009, Sch 1.17 and South Australian Government Gazette of 25.6.2009, p 3000. | |
No 7 | Gas Supply Amendment Act 2010. Assented to 23.3.2010. Date of commencement, 3.9.2010, sec 2 and 2010 (507) LW 3.9.2010. | |
No 50 | Electricity and Gas Supply Legislation Amendment (Retail Price Disclosures and Comparisons) Act 2010. Assented to 28.6.2010. Date of commencement of Sch 1.2, except Sch 1.2 [1] to the extent that it inserts sec 76A (3) and (4) (c), 1.7.2010, sec 2 and 2010 (319) LW 1.7.2010; date of commencement of Sch 1.2 [1] to the extent that it inserts sec 76A (3) and (4) (c), 30.9.2010, sec 2 and 2010 (560) LW 30.9.2010. | |
No 119 | Statute Law (Miscellaneous Provisions) Act (No 2) 2010. Assented to 29.11.2010. Date of commencement of Sch 1.14, 7.1.2011, sec 2 (2). | |
No 38 | Energy Legislation Amendment (National Energy Retail Law) Act 2012. Assented to 21.6.2012. Date of commencement, 1.7.2013, sec 2 and 2013 (163) LW 26.4.2013. | |
No 95 | Civil and Administrative Legislation (Repeal and Amendment) Act 2013. Assented to 20.11.2013. Date of commencement, 1.1.2014, sec 2. | |
No 36 | Energy Legislation Amendment (Retail Electricity and Gas Pricing) Act 2015. Assented to 2.11.2015. Date of commencement of Sch 5, assent, sec 2 (1); date of commencement of Sch 6, 1.7.2017, sec 2 (2) and 2017 (289) LW 23.6.2017. | |
No 27 | Statute Law (Miscellaneous Provisions) Act 2016. Assented to 7.6.2016. Date of commencement of Sch 2, 8.7.2016, sec 2 (1). | |
No 15 | Gas and Electricity (Consumer Safety) Act 2017. Assented to 9.5.2017. Date of commencement, 1.9.2018, sec 2 and 2018 (492) LW 31.8.2018. | |
No 22 | Statute Law (Miscellaneous Provisions) Act 2017. Assented to 1.6.2017. Date of commencement of Sch 4, 7 days after assent, sec 2 (1). | |
No 25 | Statute Law (Miscellaneous Provisions) Act 2018. Assented to 15.6.2018. Date of commencement of Sch 2, 1.8.2018, sec 2 (3). | |
No 34 | Energy Legislation Amendment Act 2021. Assented to 29.11.2021. Date of commencement of Sch 4, 15.12.2021, sec 2 and 2021 (752) LW 15.12.2021. | |
No 26 | Statute Law (Miscellaneous Provisions) Act 2022. Assented to 16.6.2022. Date of commencement, assent, sec 2. | |
No 47 | Statute Law (Miscellaneous Provisions) Act 2024. Assented to 9.8.2024. Date of commencement, assent, sec 2. | |
No 21 | Energy Amendment (Pipelines and Gas Safety) Act 2025. Assented to 9.4.2025. Date of commencement of Sch 1, assent, sec 2(b). |
Sec 2 | Am 1997 No 55, Sch 1.9; 2008 No 13, Sch 1 [1]. |
Sec 3 | Am 1998 No 41, Sch 1.2 [1]–[6]; 1999 No 25, Sch 1 [1]; 2001 No 18, Sch 1 [1]–[4]; 2008 No 13, Sch 1 [2]; 2008 No 31, Sch 1.2 [1]; 2012 No 38, Sch 2 [1]–[3]. |
Sec 4 | Am 2012 No 38, Sch 2 [4]; 2024 No 47, Sch 1.15[1]. |
Part 2, heading | Subst 2001 No 18, Sch 1 [5]. |
Sec 5 | Am 1998 No 41, Sch 1.2 [7]; 2012 No 38, Sch 2 [5] [6]; 2021 No 34, Sch 4[1]; 2025 No 21, Sch 1[1]. |
Sec 6 | Am 1998 No 41, Sch 1.2 [7]. Subst 2012 No 38, Sch 2 [7]. |
Sec 7 | Am 1998 No 41, Sch 1.2 [8]; 2000 No 60, Sch 1.3 [1]; 2012 No 38, Sch 2 [8]. |
Sec 8 | Am 2018 No 25, Sch 2.11. |
Sec 9 | Am 2012 No 38, Sch 2 [9]; 2021 No 34, Sch 4[2]. |
Sec 11 | Am 1998 No 41, Sch 1.2 [9]; 2001 No 18, Sch 1 [6]; 2012 No 38, Sch 2 [10]–[12]; 2015 No 36, Sch 6.1 [1]. |
Sec 11A | Ins 2012 No 38, Sch 2 [13]. |
Sec 12 | Am 1998 No 120, Sch 1.19 [1]. |
Sec 13 | Am 2000 No 60, Sch 1.3 [2]. Subst 2021 No 34, Sch 4[3]. |
Sec 13A | Ins 2000 No 60, Sch 1.3 [3] (am 2000 No 93, Sch 2.23 [1] [2]). Am 2021 No 34, Sch 4[4]. |
Sec 14 | Am 2000 No 60, Sch 1.3 [4]–[6]. |
Sec 15 | Am 1998 No 41, Sch 1.2 [10]; 2001 No 18, Sch 1 [7] [8]; 2008 No 31, Sch 1.2 [2]; 2012 No 38, Sch 2 [14]. Subst 2021 No 34, Sch 4[5]. |
Sec 16 | Rep 1998 No 41, Sch 1.2 [11]. |
Sec 17A | Ins 2000 No 60, Sch 1.3 [7] (am 2000 No 93, Sch 2.23 [3]). Am 2013 No 95, Sch 2.68 [1] [2]. |
Sec 18 | Am 2000 No 60, Sch 1.3 [8]. |
Part 2, Div 2 (secs 19–26) | Rep 1998 No 41, Sch 1.2 [12]. |
Part 2, Div 3 | Rep 2015 No 36, Sch 6.1 [2]. |
Sec 27 | Subst 2001 No 18, Sch 1 [9]. Am 2002 No 112, Sch 1.10 [1]; 2012 No 38, Sch 2 [15]. Rep 2015 No 36, Sch 6.1 [2]. |
Sec 27A | Ins 2001 No 18, Sch 1 [9]. Am 2012 No 38, Sch 2 [16]–[18]. Rep 2015 No 36, Sch 6.1 [2]. |
Sec 28 | Am 2001 No 18, Sch 1 [10] [11]; 2012 No 38, Sch 2 [19] [20]. Rep 2015 No 36, Sch 6.1 [2]. |
Sec 28A | Ins 2012 No 38, Sch 2 [21]. Rep 2015 No 36, Sch 5 [1]. |
Sec 30 | Am 1998 No 41, Sch 1.2 [13]; 2000 No 60, Sch 3.2 [1] [2]. |
Sec 31 | Rep 1998 No 41, Sch 1.2 [14]. |
Sec 32 | Am 1998 No 41, Sch 1.2 [15]; 2000 No 60, Sch 3.2 [3]. |
Sec 33 | Am 2001 No 34, Sch 4.20 [1]. |
Part 2A, heading | Ins 2001 No 18, Sch 1 [12]. Am 2008 No 13, Sch 1 [3]; 2012 No 38, Sch 2 [22]. |
Part 2A | Ins 2001 No 18, Sch 1 [12]. Am 2012 No 38, Sch 2 [23]. |
Part 2A, Div 1 (secs 33A, 33B) | Ins 2001 No 18, Sch 1 [12]. Rep 2012 No 38, Sch 2 [23]. |
Part 2A, Div 2 | Ins 2001 No 18, Sch 1 [12]. Rep 2012 No 38, Sch 2 [23]. |
Sec 33C | Ins 2001 No 18, Sch 1 [12]. Am 2002 No 112, Sch 1.10 [1] [2]. Rep 2012 No 38, Sch 2 [23]. |
Sec 33D | Ins 2001 No 18, Sch 1 [12]. Rep 2012 No 38, Sch 2 [23]. |
Part 2A, Div 3 | Ins 2001 No 18, Sch 1 [12]. Rep 2012 No 38, Sch 2 [23]. |
Secs 33E, 33F | Ins 2001 No 18, Sch 1 [12]. Rep 2012 No 38, Sch 2 [23]. |
Sec 33G | Ins 2001 No 18, Sch 1 [12]. Am 2009 No 18, Sch 1 [1]–[3]. Rep 2012 No 38, Sch 2 [23]. |
Sec 33H | Ins 2001 No 18, Sch 1 [12]. Subst 2009 No 18, Sch 1 [4]. Rep 2012 No 38, Sch 2 [23]. |
Sec 33I | Ins 2001 No 18, Sch 1 [12]. Rep 2012 No 38, Sch 2 [23]. |
Part 2A, Div 4, heading | Rep 2012 No 38, Sch 2 [24]. |
Part 2A, Div 4 | Ins 2001 No 18, Sch 1 [12]. |
Sec 33J | Ins 2001 No 18, Sch 1 [12]. Am 2002 No 112, Sch 1.10 [1]; 2012 No 38, Sch 2 [25] [26]. |
Sec 33K | Ins 2001 No 18, Sch 1 [12]. Am 2002 No 112, Sch 1.10 [3]; 2008 No 13, Sch 1 [4]–[8]; 2008 No 31, Sch 1.2 [3]; 2009 No 56, Sch 1.17; 2012 No 38, Sch 2 [27]–[31]. |
Sec 33L | Ins 2001 No 18, Sch 1 [12]. Am 2008 No 13, Sch 1 [9]; 2012 No 38, Sch 2 [32] [33]. |
Sec 33LA | Ins 2008 No 13, Sch 1 [10]. |
Part 2A, Divs 5, 6 (secs 33M–33T) | Ins 2001 No 18, Sch 1 [12]. Rep 2012 No 38, Sch 2 [34]. |
Sec 34 | Am 2021 No 34, Sch 4[6]; 2025 No 21, Sch 1[2]. |
Sec 36 | Am 2000 No 60, Sch 1.3 [9]. |
Sec 37 | Am 2018 No 25, Sch 2.11. |
Sec 38 | Am 2021 No 34, Sch 4[7]. |
Sec 40 | Am 2001 No 18, Sch 1 [13]. |
Sec 41 | Am 1998 No 120, Sch 1.19 [2]. |
Sec 42 | Am 2000 No 60, Sch 1.3 [10]. Subst 2021 No 34, Sch 4[8]. |
Sec 42A | Ins 2000 No 60, Sch 1.3 [11]. Am 2021 No 34, Sch 4[9]. |
Sec 43 | Am 2000 No 60, Sch 1.3 [12]–[14]. |
Sec 44 | Subst 2021 No 34, Sch 4[10]. |
Sec 45A | Ins 2000 No 60, Sch 1.3 [15] (am 2000 No 93, Sch 2.23 [4]). Am 2013 No 95, Sch 2.68 [3] [4]. |
Sec 46 | Am 2000 No 60, Sch 1.3 [16]. |
Sec 50 | Subst 2021 No 34, Sch 4[11]. |
Sec 50AA | Ins 2021 No 34, Sch 4[11]. Am 2022 No 26, Sch 2.10[1]. |
Sec 50AB | Ins 2021 No 34, Sch 4[11]. Am 2022 No 26, Sch 2.10[2]. |
Sec 50A | Ins 2009 No 31, Sch 2 [1]. |
Sec 52 | Am 2009 No 17, Sch 3.9. |
Sec 54 | Rep 2012 No 38, Sch 2 [35]. Ins 2025 No 21, Sch 1[3]. |
Sec 54A | Ins 2025 No 21, Sch 1[3]. |
Part 4, Div 2, heading | Am 2025 No 21, Sch 1[4]. |
Sec 55 | Am 2009 No 31, Sch 2 [2]; 2010 No 7, Sch 1 [1]; 2016 No 27, Sch 2.18; 2017 No 15, Sch 2.8 [1]; 2025 No 21, Sch 1[5]. |
Sec 56 | Am 2025 No 21, Sch 1[6]. |
Sec 57 | Am 2025 No 21, Sch 1[7] [8]. |
Sec 58 | Am 2025 No 21, Sch 1[9] [10]. |
Sec 59 | Am 2025 No 21, Sch 1[11] [12]. |
Sec 60 | Am 2025 No 21, Sch 1[13] [14]. |
Sec 61 | Am 2025 No 21, Sch 1[15]. |
Sec 62 | Am 2025 No 21, Sch 1[16]–[19]. |
Sec 63 | Am 2025 No 21, Sch 1[20]. |
Sec 63A | Ins 2025 No 21, Sch 1[21]. |
Sec 63B | Ins 2025 No 21, Sch 1[21]. |
Sec 63C | Ins 2025 No 21, Sch 1[21]. |
Sec 63D | Ins 2025 No 21, Sch 1[21]. |
Sec 63E | Ins 2025 No 21, Sch 1[21]. |
Sec 64 | Am 2002 No 103, Sch 4.42 [1]–[3]; 2025 No 21, Sch 1[22]. |
Part 4A | Ins 2009 No 31, Sch 2 [3]. |
Sec 64A | Ins 2009 No 31, Sch 2 [3]. |
Sec 64B | Ins 2009 No 31, Sch 2 [3]. |
Sec 64C | Ins 2009 No 31, Sch 2 [3]. Am 2025 No 21, Sch 1[23]. |
Sec 64D | Ins 2009 No 31, Sch 2 [3]. Am 2025 No 21, Sch 1[24]. |
Sec 64E | Ins 2009 No 31, Sch 2 [3]. |
Sec 64F | Ins 2009 No 31, Sch 2 [3]. |
Sec 65 | Am 1998 No 41, Sch 1.2 [16]; 2012 No 38, Sch 2 [36]; 2021 No 34, Sch 4[12]; 2025 No 21, Sch 1[25]. |
Sec 66 | Am 2009 No 31, Sch 2 [4] [5]; 2025 No 21, Sch 1[26]–[28]. |
Sec 67 | Am 1998 No 41, Sch 1.2 [16]; 2021 No 34, Sch 4[12]; 2025 No 21, Sch 1[24]. |
Sec 68 | Am 2021 No 34, Sch 4[12]; 2025 No 21, Sch 1[24]. |
Sec 69 | Am 1998 No 41, Sch 1.2 [16]; 2021 No 34, Sch 4[12]; 2025 No 21, Sch 1[24]. |
Sec 70 | Am 1998 No 41, Sch 1.2 [16]; 2021 No 34, Sch 4[12]; 2025 No 21, Sch 1[24]. |
Sec 71 | Am 1998 No 41, Sch 1.2 [16]; 2021 No 34, Sch 4[12]; 2025 No 21, Sch 1[24]. |
Sec 72 | Am 2021 No 34, Sch 4[13]; 2025 No 21, Sch 1[24]. |
Sec 72AA | Ins 2025 No 21, Sch 1[29]. |
Sec 72A | Ins 2021 No 34, Sch 4[14]. |
Sec 73 | Am 1998 No 41, Sch 1.2 [16]; 2012 No 38, Sch 2 [37]. |
Sec 74 | Am 2012 No 38, Sch 2 [38]. |
Sec 75 | Am 2005 No 28, Sch 5.20 [1] [2]; 2007 No 94, Schs 1.48, 2; 2012 No 38, Sch 2 [39]. |
Part 5A | Ins 2000 No 60, Sch 1.3 [17]. |
Sec 75A | Ins 2000 No 60, Sch 1.3 [17]. Am 2012 No 38, Sch 2 [40]–[42]; 2015 No 36, Schs 5 [2], 6.1 [3]. |
Sec 76A | Ins 2010 No 50, Sch 1.2 [1]. Rep 2012 No 38, Sch 2 [43]. Ins 2021 No 34, Sch 4[15]. Am 2025 No 21, Sch 1[30]. |
Sec 76B | Ins 2025 No 21, Sch 1[31]. |
Sec 77 | Am 1999 No 25, Sch 1 [2]; 2003 No 38, Sch 2.10 [1]; 2010 No 7, Sch 1 [2]; 2016 No 27, Sch 2.18; 2017 No 15, Sch 2.8 [2]. |
Sec 77A | Ins 2025 No 21, Sch 1[32]. |
Sec 77B | Ins 2025 No 21, Sch 1[32]. |
Sec 78 | Am 2001 No 34, Sch 4.20 [2]. |
Sec 79A | Ins 2009 No 31, Sch 2 [6]. |
Sec 81 | Am 1999 No 85, Sch 2.26; 2007 No 94, Schs 2, 4; 2025 No 21, Sch 1[33]. |
Sec 83 | Am 1997 No 104, sec 3; 1998 No 41, Sch 1.2 [17]–[19]; 2000 No 60, Schs 1.3 [18], 3.2 [4] [5]; 2001 No 18, Sch 1 [14]–[18]; 2003 No 38, Sch 2.10 [2]; 2008 No 31, Sch 1.2 [1]; 2009 No 31, Sch 2 [7]; 2010 No 7, Sch 1 [3]; 2012 No 38, Sch 2 [45]–[48]; 2015 No 36, Sch 6.1 [4]; 2016 No 27, Sch 2.18; 2021 No 34, Sch 4[16]; 2025 No 21, Sch 1[34]. |
Sec 83A | Ins 2000 No 60, Sch 3.2 [6]. Am 2010 No 7, Sch 1 [4] [5]; 2010 No 119, Sch 1.14. Rep 2017 No 15, Sch 2.8 [3]. Ins 2025 No 21, Sch 1[35]. |
Sec 84 | Rep 2012 No 38, Sch 2 [49]. Ins 2025 No 21, Sch 1[35]. |
Sec 85 | Rep 2012 No 38, Sch 2 [49]. Ins 2025 No 21, Sch 1[35]. |
Sec 87 | Am 2001 No 18, Sch 1 [19]. |
Sch 1 | Am 2003 No 82, Sch 3; 2008 No 13, Sch 1 [11]. Rep 2012 No 38, Sch 2 [50]. |
Sch 2 | Am 1999 No 25, Sch 1 [4]; 2001 No 18, Sch 1 [20]–[22]; 2002 No 53, Sch 3; 2002 No 112, Sch 1.10 [1]; 2003 No 38, Sch 2.10 [3]; 2004 No 55, Sch 3; 2008 No 13, Sch 1 [12] [13]; 2009 No 18, Sch 1 [5] [6]; 2009 No 31, Sch 2 [8] [9]; 2010 No 7, Sch 1 [6]; 2010 No 50, Sch 1.2 [2]; 2012 No 38, Sch 2 [51]; 2015 No 36, Schs 5 [3], 6.1 [5]; 2021 No 34, Sch 4[17]. |
Sch 3 (previously Dictionary) | Renumbered 2024 No 47, Sch 1.15[2]. Am 2024 No 47, Sch 1.15[3]; 2025 No 21, Sch 1[36]. |
Dictionary | Am 1998 No 41, Sch 1.2 [20]–[26]; 1999 No 25, Sch 1 [5]–[7]; 2001 No 18, Sch 1 [23] [24]; 2002 No 112, Sch 1.10 [4] [5]; 2003 No 38, Sch 2.10 [4]; 2008 No 13, Sch 1 [14]; 2008 No 31, Sch 1.2 [2]; 2010 No 7, Sch 1 [7]; 2012 No 38, Sch 2 [52]–[55]; 2015 No 36, Sch 6.1 [6]; 2017 No 22, Sch 4.18; 2021 No 34, Sch 4[18]. Renumbered as Sch 3, 2024 No 47, Sch 1.15[2]. |
0
0
0