Gas Supply Act 2003 (Qld)

Gas Supply Act 2003

An Act about the transport and supply of covered gases, and for other purposes

Chapter 1    Preliminary

Part 1    Introduction

1   Short title

This Act may be cited as the Gas Supply Act 2003.

2   Commencement

This Act commences on a day to be fixed by proclamation.

Part 2    Purpose and application of Act

3   Main purposes of Act

The main purposes of this Act are to—

(a)promote efficient and economical supply of covered gases; and

(b)ensure the interests of customers are protected by—

(i)regulating the distribution services for reticulated covered gases; and

(ii)providing for the making of relevant distribution network codes.

Note—

This Act also includes provisions about LPG distribution pipelines and LPG distribution systems. See sections 75, 75A, 131A, 258, 289, 295 and 297 to 299.

4   Gas-related matters to which Act does not apply

(1)This Act does not—

(a)provide for the safety of persons involved in, or who may be affected by, the supply or use of covered gases; or

(b)provide for the measurement or quality of covered gases; or

(c)regulate gases other than—

(i)covered gases; and

(ii)LPG, in relation to LPG distribution pipelines and LPG distribution systems.

(2)This Act provides for access to a distribution pipeline or system only to the extent of the physical connection, or the opening of the connection, to the pipeline or system.

Editor’s note—

For other laws about access to a distribution pipeline or system, see the Gas Pipelines Access Law, the Australian Consumer Law (Queensland) and the Queensland Competition Authority Act 1997.

(3)Other than for chapter 4, this Act does not provide for or regulate transmission pipelines.

5   Act binds all persons

(1)This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.

(2)However, the Commonwealth or a State can not be prosecuted for an offence against this Act.

5A   Declaration for Commonwealth Act

A distribution authority is declared not to be personal property under the Personal Property Securities Act 2009 (Cwlth).

6   Act does not affect other rights or remedies

(1)Subject to sections 241, 256, 315 and 316, this Act does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise.

(2)Without limiting subsection (1), compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached.

(3)In addition, a breach of an obligation under this Act does not, of itself, give rise to an action for breach of statutory duty or another civil right or remedy.

(4)This Act does not limit a court’s powers under the Penalties and Sentences Act 1992 or another law.

Part 3    Interpretation

Division 1 Dictionary

7   Definitions

The dictionary in schedule 2 defines particular words used in this Act.

Division 2 Key definitions

Subdivision 1 The regulator

8   Who is the regulator

The chief executive of the department is the regulator.

Subdivision 2 Covered gases

9   What is a covered gas

(1)A covered gas is a primary gas or a gas blend.

(2)A primary gas is—

(a)processed natural gas; or

(b)hydrogen; or

(c)biomethane; or

(d)synthetic methane; or

(e)a gas, prescribed by regulation, that is suitable for consumption.

(3)Processed natural gas is a substance that—

(a)is in a gaseous state at standard temperature and pressure; and

(b)consists of hydrocarbons that occur naturally and other substances; and

(c)is more than half, by volume, methane; and

(d)has been processed to be suitable for consumption.

(4)In this section—

biogas means a gas derived or recovered from organic matter other than fossilised organic matter.

biomethane means a substance—

(a)that is in a gaseous state at standard temperature and pressure; and

(b)the principal constituent of which is methane; and

(c)that is produced by refining biogas; and

(d)that is suitable for consumption.

gas blend means primary gases that have been blended together to be suitable for consumption.

synthetic methane means a substance—

(a)that is in a gaseous state at standard temperature and pressure; and

(b)the principal constituent of which is methane; and

(c)that is produced by the methanation of carbon dioxide; and

(d)that is suitable for consumption.

10   [Repealed]

11   [Repealed]

Subdivision 3 Pipelines and pipeline systems

12   What is a transmission pipeline

A transmission pipeline is a pipeline operated, or to be operated, for the primary purpose of conveying a covered gas directly to a market after it has been processed, whether or not it is subsequently processed or reprocessed.

13   What is a distribution pipeline

A distribution pipeline is a pipeline that—

(a)transports a covered gas as—

(i)part of a reticulation system within a covered gas market; or

(ii)a single point-to-point pipeline to a specific commercial or industrial facility; and

(b)is not a transmission pipeline.

14   What is a distribution system

(1)A distribution system is a system of distribution pipelines and meters and other equipment used for, or in connection with, the supply of a covered gas to more than 1 customer within a covered gas market.

(2)However, a distribution system does not include—

(a)pipelines connected from the exit point of a meter installed for a customer’s premises; or

(b)appliances or equipment connected to pipelines mentioned in paragraph (a).

15   When covered gas is reticulated

A covered gas is reticulated if it is supplied by way of a distribution pipeline.

Subdivision 4 Customers

16   Customers and their types

(1)A customer is a person who receives, or wants to receive, a reticulated covered gas.

(2)However, a receiver is only a customer if the receiver’s premises has an installation for a covered gas that, to the reasonable satisfaction of the distributor whose distribution area includes the premises, is capable of receiving supply directly from a distribution system.

(3)A small customer is a person who is—

(a)a small customer, for covered gas, under the NERL (Qld), section 5(2); or

(b)an excluded customer to whom a covered gas may be sold for premises only by an exempt seller and—

(i)who purchases the covered gas from the exempt seller principally for personal, household or domestic use at premises; or

(ii)who consumes energy at premises below the upper consumption threshold applying under the NERL (Qld), section 6.

(4)An excluded customer is a person whose premises are located in—

(a)the Maranoa distribution area; or

(b)the Western Downs distribution area.

(5)In this section—

Maranoa distribution area means the distribution area described in the distribution authority held by the Maranoa Regional Council.

Western Downs distribution area means the distribution area described in the distribution authority held by the Western Downs Regional Council.

17   [Repealed]

18   [Repealed]

Subdivision 5 Customer connection and retail services

19   What are customer connection services

(1)A person provides customer connection services to premises by—

(a)either—

(i)if the premises are not already connected to a distribution pipeline or system for a covered gas—physically connecting the premises to the pipeline or system; or

(ii)if the premises are already connected to a distribution pipeline or system for a covered gas—opening a physical connection to the pipeline or system to allow reticulated covered gas to be transported to the premises by way of the pipeline or system; and

(b)leaving the connection open to allow the covered gas to be transported to the premises by way of the pipeline or system.

(2)The provision of customer connection services does not include the transportation of a covered gas.

20   [Repealed]

Subdivision 6 Distribution authorities and distributors

21   What are a distribution authority and distribution area

A distribution authority authorises its holder to—

(a)transport a covered gas through a distribution pipeline or system within a stated area (distribution area); and

(b)provide customer connection services for the covered gas to premises in the area.

22   Distributors and references to distributors

(1)The distributor for—

(a)a distribution authority—is its holder; or

(b)a customer—is the person who holds a distribution authority and provides customer connection services for a covered gas to the customer; or

(c)premises—is the person who holds a distribution authority and provides customer connection services for a covered gas to a customer at the premises; or

(d)gas infrastructure is—

(i)if the infrastructure is the subject of a distribution authority—the person who holds the authority; or

(ii)if the infrastructure is an LPG pipeline or LPG distribution system—the LPG distributor who owns or operates the pipeline or system; or

(e)a distribution officer—is the distributor or LPG distributor that appointed the officer.

Note—

For when a distribution authority is required, see section 286. See also section 72.

(2)Otherwise, a reference to a distributor is a reference to a person who holds a distribution authority.

23   [Repealed]

Subdivision 7 [Repealed]

24   [Repealed]

25   [Repealed]

26   [Repealed]

Chapter 2    Distribution of covered gases

Part 1    Distribution authorities

Division 1 Applying for and obtaining distribution authority

Subdivision 1 Application

27   Who may apply for distribution authority

(1)A person may, in the approved form, apply to the regulator for a distribution authority.

(2)However, a retailer can not apply for a distribution authority to provide customer connection services for a covered gas to be transported through a pipeline if the retailer sells the covered gas transported through a covered pipeline.

Note—

See also sections 41 and 57.

28   Requirements for application

The application must—

(a)describe the distribution area for the distribution authority; and

(b)state the type of covered gas for the distribution authority; and

(c)be accompanied by the fee prescribed by regulation.

29   Public notice by regulator and submissions

(1)This section does not apply if the applicant holds a corresponding authority for the distribution authority.

(2)Before deciding the application, the regulator must—

(a)publish in a Statewide newspaper a notice stating each of the following—

(i)that an application for a distribution authority has been made;

(ii)the applicant’s name;

(iii)a period of at least 20 business days during which anyone may make written submissions to the regulator about the application;

(iv)where the application, other than any part of the application that is RTI excluded information, may be inspected;

(v)the type of covered gas for the distribution authority; and

(b)consider written submissions about the application made to the regulator within the stated period.

30   [Repealed]

31   Deciding application

(1)The regulator must decide whether to grant or refuse the application.

(2)If the regulator decides to grant the application, the regulator may impose conditions on the distribution authority the regulator considers appropriate.

Note—

See also division 2.

32   Criteria for deciding application

(1)The regulator may decide to grant the application only if satisfied the applicant is a suitable person to hold the distribution authority.

(2)For subsection (1), the regulator may consider any of the following (the suitability criteria), to the extent they are relevant to the applicant’s competence to hold the distribution authority—

(a)ability to provide an adequate level of customer connection services for the covered gas stated in the application;

(b)financial capacity;

(c)commercial and other dealings and the standard of honesty and integrity shown in the dealings;

(d)failure to perform contractual or statutory obligations and the reasons for the failure;

(e)criminal history;

(f)technical expertise;

(g)knowledge of, or experience in, the gas or energy industries;

(h)if the applicant is a corporation—the matters mentioned in paragraphs (a) to (g) for persons who are executive officers of, or substantial shareholders in, the corporation.

(3)However, the regulator may, without regard to any of the suitability criteria, decide the applicant is a suitable person to hold the distribution authority if the applicant holds a corresponding authority.

(4)In deciding the application, the regulator must consider any relevant government policies about energy issues.

33   [Repealed]

34   Term of authority

(1)This section applies if the regulator decides to grant the application.

(2)The regulator may decide to grant the authority for a stated term.

(3)If no term is decided for a distribution authority, it continues in force unless cancelled or surrendered under this part.

Subdivision 2 Steps after deciding application

35   Notice of decision to grant application

(1)If the regulator decides to grant the application, the regulator must, as soon as practicable, give the applicant notice (decision notice) stating each of the following—

(a)the decision;

(b)the conditions the regulator has decided to impose on the authority;

(c)any other matter relevant to the grant of the authority;

(d)a period after the giving of the decision notice for the applicant to give the regulator notice (acceptance notice) that the applicant agrees to the conditions, or the conditions with changes to which the regulator has agreed;

(e)the application will be taken to have lapsed unless the applicant gives acceptance notice within the period or later period as extended by the regulator.

(2)The stated period must end at least 20 business days after the applicant is given the decision notice.

(3)The regulator may, by notice to the applicant given before the stated period ends, extend the period for giving an acceptance notice.

36   Lapsing of application if conditions not accepted

The regulator is taken to have decided to refuse the application if—

(a)the regulator has given the applicant a decision notice; and

(b)the applicant has not given the regulator an acceptance notice within the period stated in the notice, or if the regulator has extended the period for giving an acceptance notice, the extended period.

37   Issue and public notice of authority

(1)This section applies if the applicant gives the regulator an acceptance notice within the period stated in the notice, or if the regulator has extended the period for giving an acceptance notice, the extended period.

(2)The regulator must, as soon as practicable—

(a)issue the applicant the distribution authority; and

(b)publish a notice about the authority in a Statewide newspaper.

(3)The notice must state—

(a)that the applicant has been issued a distribution authority; and

(b)the authority’s distribution area; and

(c)the conditions of the authority, or where they may be inspected.

38   Information notice about refusal

If the regulator decides to refuse the application, the regulator must, as soon as practicable, give the applicant an information notice about the decision.

Division 2 Distribution authority conditions

39   Operation of div 2

(1)This division imposes conditions on each distribution authority that apply as well as any conditions stated in the authority.

(2)If an imposed condition conflicts with a condition stated in the authority, the imposed condition prevails to the extent of the inconsistency.

(3)As well as imposing a condition, section 43 also imposes a penalty.

40   General conditions

A distributor must—

(a)take appropriate account of the environmental effects of activities carried out under the distributor’s distribution authority; and

(b)pay amounts required to be paid under the authority or this Act; and

(c)in carrying out activities under the authority, comply with this Act, the Petroleum and Gas (Production and Safety) Act and all other relevant laws; and

(d)in carrying out gas infrastructure work, comply with part 2.

41   Ring fencing requirement

A distributor must not sell a covered gas transported through a pipeline if the distributor provides customer connection services for the covered gas transported through a covered pipeline.

Note—

See also sections 27 and 57.

42   Obligation to operate and maintain distribution pipes

(1)This section imposes obligations on a distributor for each distribution pipeline the subject of the distributor’s distribution authority.

(2)If, under this Act or another Act, someone else is entitled to have the distributor transport covered gases through the pipeline, the distributor must operate, maintain and protect the pipeline to ensure the transportation is adequate, reliable and safe.

(3)Otherwise, the distributor must ensure the pipeline is operated and maintained and protected so that it is able to be used for the adequate, reliable and safe connection, transport and sale of covered gases.

(4)In this section—

maintain includes repair and replace as necessary.

43   Restriction for distributors

A distributor must not provide customer connection services to a customer outside the distribution area of the distributor’s distribution authority unless the services are provided under another distribution authority.

Maximum penalty—500 penalty units.

44   [Repealed]

45   [Repealed]

46   Standard for distribution pipes

A distributor must ensure each distribution pipe, or each distribution pipeline in a distribution system, the subject of the distributor’s distribution authority is built in a way that complies with the Petroleum and Gas (Production and Safety) Act and any other relevant Act.

47   Inquiry practices and procedures

(1)A distributor must establish and maintain appropriate practices and procedures to allow inquiries by customers and the public to be addressed or appropriately responded to within 5 business days.

(2)For subsection (1) an appropriate response means giving the inquirer notice or telling the inquirer—

(a)the work that needs to be done to address the inquiry; and

(b)the period needed to address it.

48   Contingency practices and procedures

(1)A distributor must establish and maintain appropriate practices and procedures to manage the prompt and efficient handling of all of the following reported to the distributor by anyone—

(a)emergency incidents;

(b)gas leakages;

(c)gas outages;

(d)faults and difficulties in the distributor’s gas infrastructure;

(e)unplanned interruptions to gas transport;

(f)other situations relevant to the distributor that relate to safety.

(2)A distributor must have a telephone number at which customers can report to the distributor matters mentioned in subsection (1)—

(a)at any time; and

(b)for the cost of a local telephone call.

(3)Each account of the distributor must include the number.

(4)The number may be the number of a relevant retailer from which the call is transferred to the distributor.

(5)An automated answering telephone service complies with subsection (2) only if it provides for the transfer of calls to a human being.

(6)Subsections (3) and (4) do not apply to a distributor within the meaning of the NERL (Qld).

49   Compliance with contingency supply plan requirements

A distributor must comply with chapter 4, part 2.

50   Participation in retailer of last resort scheme

A distributor must comply with the retailer of last resort scheme to the extent it applies to the distributor.

50A   Compliance with distribution network codes

A distributor must comply with any distribution network code that applies to the distributor.

50B   Membership of energy ombudsman scheme

A distributor must pay any amount that, under the Energy and Water Ombudsman Act 2006, it must pay the energy and water ombudsman.

51   Conditions imposed under a regulation

(1)A distributor must comply with—

(a)any conditions prescribed under a regulation for, or relating to, the provision of customer connection services; or

(b)any code, intergovernmental agreement, protocol or other agreement prescribed under a regulation.

(2)A code or agreement may be prescribed only if it relates to the provision of customer connection services.

Division 3 Amendment, cancellation and suspension of distribution authority

Subdivision 1 Amendment by regulator

52   Amendments for which proposed action notice is not required

The regulator may amend a distribution authority at any time by giving the distributor notice of the amendment and recording particulars of the amendment in the register of authorities if the amendment—

(a)is to correct a clerical or formal error; or

(b)does not affect the interests of the distributor or anyone else and the distributor has, in writing, agreed to the amendment.

53   Amendments for which proposed action notice is required

The regulator may amend a distribution authority if—

(a)the regulator considers the amendment necessary or desirable; and

(b)the procedure under subdivision 5 is followed.

54   Imposed condition can not be amended

The regulator can not amend a condition of a distribution authority imposed under division 2.

Subdivision 2 Amendment by application

55   Applying for amendment

(1)A distributor may, in the approved form, apply to the regulator to amend its authority in a stated way, other than to amend a condition imposed under division 2.

(2)The application must be accompanied by the fee prescribed under a regulation.

(3)Subsection (1) does not limit section 69(3).

56   Deciding application

(1)The regulator must decide to make or refuse to make the amendment.

(2)If the decision is to make the amendment, the regulator must, as soon as practicable, make the amendment to the distribution authority and give the applicant notice of the decision.

(3)If the decision is to refuse to make the amendment, the regulator must, as soon as practicable, give the applicant an information notice about the decision.

Subdivision 3 Amendment, cancellation or suspension by regulator

57   Conditions for amendment, cancellation or suspension

(1)The regulator may amend, cancel or suspend a distribution authority if—

(a)an event mentioned in subsection (2) has happened; and

(b)either—

(i)for immediate suspension—the procedure under section 58 is followed; or

(ii)for cancellation or suspension other than immediate suspension—the procedure under subdivision 5 is followed.

(2)For subsection (1), the event is that the distributor—

(a)obtained the authority because of a materially false or misleading declaration or representation, made orally or in writing; or

(b)is, or is likely to become, unsuitable to hold, or continue to hold, the authority, including, for example because of a contravention of any of the following by the distributor or, if the distributor is a corporation, any executive officer of, or substantial shareholder in, the corporation—

(i)this Act;

(ii)the Petroleum and Gas (Production and Safety) Act or another relevant Act;

(iii)a direction given under this Act, the Petroleum and Gas (Production and Safety) Act or another relevant Act;

(iv)the authority;

(v)a distribution network code, in a material way;

Note—

For criteria for deciding a material contravention, see section 270Q.

(vi)the gas retail market procedures if AEMO decides under the National Gas (Queensland) Law, section 91MB, the contravention is a material breach of the procedures; or

(c)has contravened, or is contravening, section 41; or

(d)has used the authority for a purpose other than for a purpose for which it was issued.

(3)In deciding whether the distributor is a suitable person to hold, or continue to hold, the authority the regulator must have regard to the suitability criteria.

Subdivision 4 Procedure for immediate suspension

58   Immediate suspension

(1)The regulator may, by notice (suspension notice) to the distributor, immediately suspend a distribution authority if the regulator reasonably believes—

(a)a ground exists to suspend or cancel the authority; and

(b)the circumstances are so extraordinary that it is imperative to immediately suspend the authority to control or prevent—

(i)a significant adverse economic or social impact on the State or a part of the State; or

(ii)a danger to the public.

(2)The suspension notice must—

(a)state each of the following—

(i)that the authority is suspended immediately;

(ii)the grounds for the suspension;

(iii)the facts and circumstances forming the basis for the grounds;

(iv)the suspension period;

(v)that the distributor may make written submissions to the regulator to show why the suspension should end; and

(b)include, or be accompanied by, an information notice about the decisions to give the notice and to fix the suspension period.

(3)The suspension period must not be more than 40 business days.

(4)The suspension has effect immediately after the distributor is given the suspension notice.

(5)The authority is ineffective during the suspension period.

Subdivision 5 Procedure for amendment, cancellation or suspension other than immediate suspension

59   Application of sdiv 5

This subdivision applies if—

(a)under section 53, the regulator proposes to amend a distribution authority; or

(b)the regulator proposes to cancel or suspend a distribution authority, other than an immediate suspension under section 58.

60   Notice of proposed action

(1)The regulator must give the distributor a notice stating each of the following—

(a)the action (the proposed action) the regulator proposes to take under this division;

(b)the grounds for the proposed action;

(c)the facts and circumstances that are the basis for the grounds;

(d)if the proposed action is to amend—the proposed amendment;

(e)if the proposed action is to suspend—the proposed suspension period;

(f)that the distributor may make, within a stated period, written submissions to show why the proposed action should not be taken.

(2)The stated period must end at least 20 business days after the notice is given.

61   Considering submissions

(1)The regulator must consider any written submission made under section 60 by the distributor within the period stated in the notice.

(2)If the regulator at any time decides not to take the proposed action, the regulator must, as soon as practicable, give the distributor notice of the decision.

62   Decision on proposed action

If, after complying with section 61, the regulator still believes a ground exists to take the proposed action, the regulator may decide to—

(a)if the proposed action was to amend—make the amendment; or

(b)if the proposed action was to suspend for a stated period—suspend for no longer than the proposed suspension period; or

(c)if the proposed action was to cancel—

(i)cancel the distribution authority; or

(ii)suspend it for a stated period.

63   Notice and taking of effect of proposed action decision

(1)The regulator must, as soon as practicable after making a decision under section 62, give the distributor an information notice about the decision.

(2)The decision takes effect on the later of the following—

(a)the day the information notice is given;

(b)a later day of effect stated in the notice.

(3)However, if the decision was to amend, cancel or suspend because of a conviction, the amendment, cancellation or suspension—

(a)does not take effect until—

(i)the period to appeal against the conviction ends; and

(ii)if an appeal is made against the conviction—the appeal is finally decided or is otherwise ended; and

(b)has no effect if the conviction is quashed on appeal.

Division 4 Dealings with distribution authority

Subdivision 1 Renewals

64   Applying for renewal

(1)This section applies to a distribution authority that is issued for a term.

(2)The distributor may apply to the regulator to renew the authority for a stated term or to renew it without a term.

(3)An application under this section—

(a)must be made in the approved form and accompanied by the fee prescribed under a regulation; and

(b)can not be made if the authority has ended.

65   Deciding renewal application

(1)The regulator must decide whether to grant or refuse the application.

(2)Division 1 (other than section 27) applies to the application as if it were an application for the authority.

66   Continuing effect of authority for renewal application

If the term of the distribution authority ends before the application is decided, despite the ending of the term, the authority continues in force until—

(a)the start of any renewal of the authority; or

(b)the applicant is given an information notice about a decision to refuse the application; or

(c)the application is withdrawn; or

(d)the authority is cancelled under this Act.

Subdivision 2 Transfers

67   Transfer only by application

(1)A distribution authority may be transferred only under this subdivision.

(2)A purported transfer of a distribution authority not made under this subdivision is of no effect.

Note—

See also section 301.

68   Applying for transfer

(1)A distributor may apply to the regulator to transfer the distributor’s authority.

(2)The application must be—

(a)in the approved form; and

(b)made by the distributor and the proposed transferee; and

(c)accompanied by the fee prescribed under a regulation.

69   Deciding transfer application

(1)The regulator may decide to grant the application only if the regulator is satisfied the proposed transferee is a suitable person to hold the authority.

(2)For subsection (1), the regulator may consider any suitability criteria to the extent it is relevant to the proposed transferee’s competence to hold the distribution authority.

(3)The regulator may, in granting the application, impose conditions on the authority.

(4)If the regulator decides to refuse the application or impose a condition on the authority, the regulator must, as soon as practicable, give the applicants an information notice about the decision.

(5)Subsection (4) does not apply for a condition that is the same, or is to the same effect, as a condition agreed to or requested by the applicants.

Subdivision 3 Mortgages

70   Mortgage of distribution authority

A distributor may mortgage the distributor’s distribution authority without the approval of, or notice to, the regulator.

71   Notice of intention to exercise powers under mortgage

(1)This section applies if a mortgage has been granted over a distribution authority and the distributor has defaulted under the mortgage.

(2)The mortgagee may exercise its powers under the mortgage only if the mortgagee has given the regulator at least 20 business days notice of the mortgagee’s intention to exercise powers under the mortgage that relate to the authority.

(3)Any purported exercise of a power under the mortgage relating to the authority in contravention of subsection (2) is of no effect.

72   Consequence of exercising powers under mortgage

If a mortgagee under a mortgage over a distribution authority exercises any power under the mortgage relating to the authority, this Act applies to the mortgagee as if the mortgagee were the distributor under the authority.

Subdivision 4 Surrenders

73   Surrenders

(1)A distributor may surrender its authority only if the regulator has, on the distributor’s application, approved the surrender.

(2)The application must be in the approved form and accompanied by the fee prescribed under a regulation.

(3)The regulator—

(a)may impose conditions on giving the approval; and

(b)must fix a time, no later than 6 months after deciding the application, for the surrender to take effect.

(4)If the regulator decides to refuse the application or impose a condition on the surrender, the regulator must, as soon as practicable, give the applicant an information notice about the decision.

(5)Subsection (4) does not apply for a condition that is the same, or is to the same effect, as a condition agreed to or requested by the applicant.

Division 5 [Repealed]

74   [Repealed]

Part 2    Gas infrastructure

Division 1 Preliminary

75   What is gas infrastructure and gas infrastructure work

(1)Gas infrastructure is the whole or any part of—

(a)a distribution pipeline or system the subject of a distribution authority; or

(b)an LPG distribution pipeline; or

(c)an LPG distribution system.

(2)Gas infrastructure work is the installation, operation, maintenance, repair, alteration or removal of gas infrastructure.

(3)For subsection (2), installation includes installation by way of excavation.

75A   References to distributor in pt 2 includes a reference to LPG distributor

In this part, a reference to a distributor includes a reference to an LPG distributor.

76   What is a public entity

A public entity is—

(a)a government entity under the Government Owned Corporations Act 1993, section 4; or

(b)a local government.

77   Publicly controlled places and their public entities

(1)A publicly controlled place is—

(a)a State-controlled road under the Transport Infrastructure Act 1994; or

(b)a place for which a public entity is responsible that—

(i)the public is entitled to use; or

(ii)is open to members of the public; or

(iii)is used by the public, whether or not on payment of money.

(2)However, publicly controlled place does not include any of the following under the Transport Infrastructure Act 1994—

(a)busway land;

(b)light rail land;

(c)a railway;

(d)rail corridor land.

Note—

For provisions relevant to gas infrastructure works for places mentioned in subsection (2), see the Transport Infrastructure Act 1994, chapter 6, chapter 9, part 4, divisions 4 and 5 and chapter 10, part 4, divisions 3 and 4.

(3)The public entity for a publicly controlled place is the public entity immediately and primarily responsible for the place.

Division 2 Carrying out gas infrastructure work on publicly controlled places

Subdivision 1 When work may be carried out

78   Right to carry out work on publicly controlled place

Subject to sections 79 and 88 and subdivision 2, a distributor may carry out gas infrastructure work on a publicly controlled place.

79   Requirements for carrying out work

(1)A distributor may carry out gas infrastructure work on a publicly controlled place only if—

(a)the public entity has given its written approval for the carrying out of the work; or

(b)the carrying out of the work is necessary because of an emergency.

(2)If the work is carried out because of an emergency, the distributor must, as soon as practicable, give the entity notice of the work.

80   Obtaining public entity’s approval

(1)The distributor may, in writing, apply to the public entity for approval to carry out the gas infrastructure work.

(2)The application must—

(a)describe the work and how it is proposed to be carried out; and

(b)give particulars of where it is to be carried out; and

(c)be supported by other relevant information, reasonably required by the entity, to enable it to consider the application.

(3)The entity must, within 30 business days after receiving the information mentioned in subsection (2)(c), decide to grant or refuse the approval.

(4)The entity must not unreasonably refuse to grant the approval.

81   Conditions of approval

(1)The public entity may impose conditions on the approval it considers are reasonable.

Example of a possible condition—

a condition that, to minimise interference with public access to the place, the work may be carried out only on stated days or at stated times

(2)However, a condition about an alignment for gas infrastructure on, or proposed to be built on, a road must ensure the alignment is—

(a)situated to ensure reasonable protection for the infrastructure; and

(b)if practicable, on the footpath or verge of the road.

Subdivision 2 Obligations in carrying out work

82   Application of sdiv 2

This subdivision applies if a distributor is carrying out gas infrastructure work on a publicly controlled place.

83   Guarding

(1)This section applies if the distributor has opened or broken up (the interference) the place, or any part of the place.

(2)The distributor must, at all times while the interference continues, ensure—

(a)the interference is barricaded and guarded; and

(b)signs and lights sufficient to warn and guide the public are set up and maintained against or near the interference.

(3)If required by the public entity, the distributor must also set up and maintain against or near the interference additional warning or protection devices to safeguard the public while the interference continues.

(4)The requirement may be made—

(a)before or during the carrying out of the work; and

(b)as well as any condition imposed under section 81.

84   Warning signs on roads

If the work is carried out on a road, lights and signs set up or maintained to safeguard the public must be the appropriate official signs under the Transport Operations (Road Use Management) Act 1995.

85   General obligations in carrying out work

(1)The distributor must—

(a)complete the work as soon as practicable; and

(b)restore, as nearly as practicable, the relevant part of the place to the condition it was in before the work started; and

(c)remove any rubbish or surplus earth caused by the work; and

(d)comply with—

(i)conditions the public entity has imposed on any approval it has given to carry out the work; and

(ii)any relevant provisions of the Petroleum and Gas (Production and Safety) Act and any other relevant law.

(2)If, in carrying out the work, the distributor causes damage to the place, the distributor must fix the damage as soon as practicable.

86   Maintenance

(1)This section applies if the distributor has opened or broken up the place or any part of it and has, under section 85, restored the place or part.

(2)The distributor must carry out maintenance to ensure the place or part is kept in good repair until the later of the following periods to end—

(a)the period that ends 3 months after the restoration was finished;

(b)if, because of the carrying out of the work or the restoration, the ground at the place or part subsides within the 3 months, the period that ends on the earlier of the following—

(i)the day the subsidence ends;

(ii)the first anniversary of the day the restoration was finished.

(3)The maintenance must be carried out in the way agreed between the public entity and the distributor.

Subdivision 3 Work directions

87   Power to give work direction

(1)This section applies if—

(a)a distributor is carrying out, or has carried out, gas infrastructure work on a publicly controlled place; and

(b)the public entity reasonably considers work should be, or should have been, carried out to ensure compliance with a condition imposed under section 81 or an obligation under subdivision 2.

(2)The entity may give the distributor a notice (a work direction) directing the distributor to carry out stated work to comply with the condition or obligation within a stated reasonable period.

(3)The work direction must—

(a)identify the condition or obligation; and

(b)include, or be accompanied by, an information notice about the decision to give the direction.

88   Compliance with work direction

(1)A distributor to whom a work direction has been given must comply with the direction to the reasonable satisfaction of the public entity that gave the direction.

(2)If the distributor does not comply with subsection (1), the entity may carry out the relevant work.

(3)In carrying out the work, the entity must comply with any relevant provisions of the Petroleum and Gas (Production and Safety) Act and any other relevant law.

89   Costs of carrying out directed work

(1)A distributor to whom a work direction has been given must bear the costs of complying with the direction.

(2)If, under section 88(2), the public entity has carried out the relevant work, it may recover from the distributor as a debt the amount of its reasonable costs of carrying out the work.

Division 3 Public entity work

90   Application of div 3

This division applies if a public entity for a publicly controlled place proposes to do work (public entity work) that is likely to affect the safety, location or operation of gas infrastructure.

91   Requirement to consult if gas infrastructure affected

(1)The public entity must give the distributor for the gas infrastructure a notice stating—

(a)details of the proposed public entity work; and

(b)that the distributor may, within a stated period, make written submissions to the entity about the proposal.

(2)The stated period must not end before 30 business days after the notice is given.

(3)Before deciding to make the change, the entity must consider any written submission made by the distributor within the stated period.

92   Power to require consequential work

(1)This section applies if—

(a)the public entity has complied with section 91; and

(b)to carry out the public entity work, it is reasonably necessary for any of the following work to be done (consequential work)—

(i)changing the position of the gas infrastructure;

(ii)carrying out other work in relation to the gas infrastructure.

(2)The entity may, by notice (a consequential work requirement), require the distributor to do the consequential work within a stated reasonable period.

93   Compliance with consequential work requirement

(1)A distributor of whom a consequential work requirement has been made must comply with the requirement to the reasonable satisfaction of the public entity that made the requirement.

(2)If the distributor does not comply with subsection (1), the entity may carry out the relevant consequential work.

(3)In carrying out the work, the entity must comply with any relevant provisions of the Petroleum and Gas (Production and Safety) Act and any relevant law.

94   Costs of carrying out required consequential work

(1)A public entity must bear the costs of complying with any consequential work requirement it makes.

(2)If the relevant distributor has complied with section 93(1), the distributor may recover from the entity as a debt the amount of the distributor’s reasonable costs of carrying out the work.

Division 4 Gas infrastructure interfering with publicly controlled place

95   Application of div 4

This division applies if gas infrastructure on a publicly controlled place interferes with the use of the place by the public entity or the public.

96   Remedial action by public entity in emergency

If, because of an emergency, it is necessary to take action (remedial action) to ensure the gas infrastructure ceases to interfere with the use of the place, the public entity may take the remedial action.

97   Power to require remedial action

The public entity may, by notice (a remedial action requirement), require the distributor for the gas infrastructure to take remedial action within a stated reasonable period.

98   Compliance with remedial action requirement

(1)A distributor of whom a remedial action requirement has been made must comply with the requirement to the reasonable satisfaction of the public entity that made the requirement.

(2)If the distributor does not comply with subsection (1), the entity may take the relevant remedial action.

(3)In taking the remedial action, the entity must comply with any relevant provisions of the Petroleum and Gas (Production and Safety) Act and any other relevant law.

99   Costs of taking required remedial action

(1)A public entity must bear the costs of complying with any remedial action requirement it makes.

(2)If the relevant distributor has complied with section 98(1), the distributor may recover from the entity as a debt the amount of the distributor’s reasonable costs of taking the action.

Division 5 Miscellaneous provisions

100   Ownership of gas infrastructure that becomes part of land

(1)Gas infrastructure owned by a distributor remains the distributor’s personal property despite—

(a)it becoming part of any land; or

(b)the sale or other disposal of the land.

(2)However, subsection (1) ceases to apply if the distributor agrees that the gas infrastructure is no longer the distributor’s property.

(3)This section applies despite—

(a)an Act or law of a State; or

(b)a contract, covenant or claim of right under a law of a State.

(4)This section ceases to apply if—

(a)the distribution authority is cancelled or otherwise ends; or

(b)the land on which the infrastructure is situated ceases to be land subject to, or in the distribution area of, the authority.

(5)For subsection (4), if the term of the authority ends but, under section 66, it is continued in force, the authority only ends if, under that section, it stops being in force.

101   Compensation

(1)This section applies if a person (the claimant) suffers a cost, damage or loss because of the exercise, or purported exercise, of a power under this part by a distributor.

(2)Compensation for the cost, damage or loss is payable by the distributor to the claimant.

(3)The compensation may be claimed and ordered in a proceeding brought in a court of competent jurisdiction.

Part 3    Customer connection services

Division 1 Preliminary

102   Application of pt 3

This part applies to a distributor in relation to the distributor’s gas infrastructure that is not a distribution system under the NERL (Qld).

Division 2 Applying for and obtaining customer connection services

Subdivision 1 Applying for customer connection services

103   Who may apply for customer connection services

(1)Each person as follows may apply to a distributor for the provision of customer connection services for a covered gas to premises within the distributor’s distribution area—

(a)a person who owns or occupies the premises;

(b)a retailer, for a customer or proposed customer of the retailer.

(2)The application must be made in the way and give the information reasonably required by the distributor.

104   Deciding application

(1)The distributor must decide to grant or refuse the application within—

(a)10 business days after the application is made; or

(b)a longer period agreed between the distributor and the applicant.

(2)The distributor must decide to grant the application unless a limit under section 109 on the obligation to provide customer connection services applies.

104A   Information notice for refusal of services

If the distributor decides not provide to the premises the customer connection services for the covered gas applied for, the distributor must, as soon as practicable after, but within 1 month of, receiving the application give the customer an information notice about the decision.

Subdivision 2 Steps after granting application

105   Distributor’s obligation to propose terms

(1)If the distributor decides to grant the application, the distributor must, within the relevant period, tell or give the applicant notice of, each of the following—

(a)that the application has been granted;

(b)the terms on which the distributor will provide the customer connection services for the covered gas;

(c)that the applicant may ask for the terms in writing.

(2)If the applicant asks, the distributor must, as soon as practicable, give the applicant notice of the terms.

(3)If the distributor does not comply with subsection (1) within the relevant period the distributor is taken to have decided to refuse the application.

(4)In this section—

relevant period means—

(a)10 business days after the application is decided; or

(b)a longer period agreed between the distributor and the applicant within the 10 business days.

106   Connection contract

(1)If the distributor and the applicant agree about the terms for providing the customer connection services for the covered gas, the agreement is called a connection contract.

Note—

See also section 125.

(2)The agreement may be oral or written.

(3)The making of a connection contract is subject to subdivision 3.

107   [Repealed]

108   Commencement of customer connection services

(1)If the distributor and the applicant enter into a connection contract, the distributor must, subject to section 109, start to provide the customer connection services for the covered gas at the time provided under this section.

(2)Generally, the distributor must use reasonable endeavours to comply with the obligation within the required period after entering into the contract.

(3)However, if, within the required period after entering into the contract, the distributor requires any of the following the obligation ceases—

(a)the giving of security for the services in an amount and a way that is fair and reasonable;

(b)the giving of a reasonable advance payment for the services;

(c)the payment of charges for establishing a connection to the applicant’s premises, if the charges are reasonable having regard to the expected revenue from the transportation of the covered gas as a result of the connection.

(4)If the requirement is met, the distributor must use reasonable endeavours to connect the premises within the required period after meeting the requirement.

(5)In this section—

required period, after entering into the contract or meeting the requirement, means—

(a)if starting to provide the services only involves opening a physical connection to the distributor’s pipeline or system—

(i)10 business days; or

(ii)any longer period agreed to by the applicant within the 10 business days;

(b)if starting to provide the services involves more than opening a physical connection to the distributor’s pipeline or system—

(i)a reasonable period; or

(ii)any longer period agreed to by the applicant.

109   Limits on provision of customer connection services

(1)The distributor is not obliged to provide the customer connection services to a person’s premises in any of the following circumstances—

(a)providing the services—

(i)contravenes a provision of the Petroleum and Gas (Production and Safety) Act or another relevant Act about safety; or

(ii)contravenes a provision of the Petroleum and Gas (Production and Safety) Act or another relevant Act about gas measurement or quality; or

(iii)would unreasonably interfere with the connection, transport or sale of a covered gas to other customers; or

(iv)is denied or limited under an insufficiency of supply direction;

(b)the distributor has asked the person to do any of the following and the person has not complied with the request within a reasonable period—

(i)perform work, or changes to the person’s installation for a covered gas, necessary to allow connection of the distributor’s meter to measure consumption of the covered gas;

(ii)provide or maintain access, equipment, facilities, space or anything else reasonably needed for the provision of the services;

(c)the distributor is entitled, under its connection contract or under a regulation, to disconnect customer connection services to the premises;

(d)a circumstance beyond the distributor’s control prevents the distributor from providing the customer connection services.

(2)The obligation ceases during any period in which the provision of the services is disconnected under a connection contract or under a dangerous situation direction under the Petroleum and Gas (Production and Safety) Act.

(3)Also, the obligation does not apply if a regulation states the obligation does not apply.

(4)The obligation is subject to—

(a)any relevant insufficiency of supply declaration or insufficiency of supply direction; and

(b)the retailer of last resort scheme; and

(c)the conditions of the distributor’s relevant distribution authority; and

(d)any relevant provision of a distribution network code about cooling-off periods for the provision of customer connection services.

(5)This section does not prevent the distributor from lawfully providing the customer connection services even though it is not obliged to do so.

Subdivision 3 Requirements for connection contracts

109A   General limits on what may be negotiated

(1)A connection contract must not be inconsistent with this Act or any relevant distribution network code.

(2)If—

(a)customer connection services relate to a covered gas transported through a covered pipeline; and

(b)there is an approved access arrangement for the pipeline;

a connection contract for the services must not be inconsistent with the access arrangement.

(3)A connection contract is unenforceable to the extent it does not comply with this section.

109B   Provisions for small customers

(1)This section applies to a connection contract for the provision of customer connection services to a small customer’s premises.

(2)The contract must comply with all relevant distribution network code provisions about minimum terms for the provision of customer connection services to small customers.

(3)The contract is unenforceable to the extent it does not comply with subsection (2).

(4)If, under subsection (3), a term of the contract is unenforceable because it conflicts with a minimum term provision mentioned in subsection (2), the minimum term is taken to be a term of the contract.

109C   Provisions for large customers

(1)This section applies to a connection contract for the provision of customer connection services to a large customer’s premises.

(2)The contract must provide for the provision of the services on fair and reasonable terms.

(3)The services are taken to be provided on fair and reasonable terms if the contract is consistent with relevant distribution network code provisions about minimum terms for the provision of customer connection services to small customers.

(4)In this section—

large customer, for premises, means a customer other than a small customer for the premises.

Division 3 Changes to installations for covered gases

110   Application of div 3

This division applies if the distributor provides customer connection services to a person’s premises.

111   Obligation to give information to allow proposed changes

The distributor must, if asked by the person, give the person reasonable information about the distributor’s requirements to allow the person to change or replace an installation for a covered gas at the premises.

112   Applying to change connection

(1)The person may apply to the distributor to change the connection of an installation for a covered gas at the premises to the distributor’s distribution system.

(2)The distributor must, subject to section 109, make the change within a reasonable period and on fair and reasonable terms.

Division 4 [Repealed]

113   [Repealed]

114   [Repealed]

115   [Repealed]

116   [Repealed]

117   [Repealed]

118   [Repealed]

119   [Repealed]

Division 5 [Repealed]

120   [Repealed]

121   [Repealed]

122   [Repealed]

123   [Repealed]

124   [Repealed]

Part 4    Meter and control apparatus requirements

125   Operation of pt 4

This part imposes obligations for the provision of customer connection services to small customers.

126   Distributor must provide meter

(1)The distributor must, unless the distributor and the customer otherwise agree, provide, install and maintain a meter used or to be used to measure or record a reticulated covered gas transported to the premises.

Maximum penalty—20 penalty units.

(2)Subsection (1) is subject to section 131.

127   Matters that may be considered for placement

In deciding placement of a meter the distributor may consider—

(a)safe access; and

(b)aesthetics; and

(c)protection against damage from—

(i)mechanisms; or

(ii)vibration; or

(iii)the effects of weather; or

(iv)corrosive atmosphere.

128   Placing meter on customer’s premises

(1)The customer must, at the customer’s cost—

(a)provide on the customer’s premises space, housing, mounting and connecting facilities for each meter; and

(b)maintain the facilities in a safe and sound condition.

(2)The facilities must be in a position that meets the distributor’s reasonable requirements.

129   Change of meter placement

(1)This section applies if, because of building changes or similar works, the position of a meter no longer meets the distributor’s reasonable requirements for its placement.

(2)The customer must provide space, housing, mounting and connecting facilities in another position on the customer’s premises that meets the requirements.

(3)If the distributor relocates the meter to meet the requirements, the distributor may, by notice, require the customer to pay the distributor the amount of the distributor’s costs reasonably incurred in relocating the meter.

(4)If the customer does not comply with the notice, the distributor may recover the amount from the customer as a debt.

130   Customer must provide safe access

The customer must not prevent the distributor’s distribution officers from safely exercising a power under section 138.

131   Alternative measurement

(1)This section applies if the distributor reasonably believes the customer has contravened section 130 by preventing any distribution officer of the distributor from safely reading or testing a meter connected to the distributor’s distribution pipeline or system.

(2)The distributor may, by notice, require the customer to remedy the contravention within a stated period of at least 1 month.

(3)If the customer does not comply with the notice, the distributor may install alternative metering or other equipment to measure or record a reticulated covered gas transported to the premises by remote or other suitable ways.

(4)Subsection (3) does not limit another remedy the distributor has against the customer.

(5)If the distributor acts under subsection (3), the distributor may, by notice, require the customer to pay the distributor the amount of the distributor’s costs reasonably incurred in taking the action.

(6)If the customer does not comply with the notice, the distributor may recover the amount from the customer as a debt.

Part 5    Distribution officers

Division 1A Preliminary

131A   References to distributor and covered gas in pt 5

In this part—

(a)a reference to a distributor includes a reference to an LPG distributor; and

(b)a reference to a distributor’s distribution pipeline or system includes a reference to an LPG distributor’s LPG pipeline or LPG distribution system; and

(c)a reference to covered gas transported through a distributor’s distribution pipeline or system includes, for an LPG distributor’s LPG pipeline or LPG distribution system, a reference to LPG transported through the pipeline or system.

Division 1 Appointment and functions

132   Appointment

(1)A distributor may appoint distribution officers to perform the functions mentioned in section 133.

(2)However, the distributor may appoint a person under subsection (1) only if the person is appropriately qualified for the appointment and has the necessary expertise or experience.

(3)Subject to subsection (2), an officer of a retailer may be appointed as a distribution officer.

133   Functions

A distribution officer’s functions are to—

(a)install and maintain the distributor’s gas infrastructure; and

(b)read or test meters connected to the distributor’s distribution pipeline or system; and

(c)ensure the distributor’s gas infrastructure is safe; and

(d)prevent or deal with an emergency involving, or that may involve, a covered gas transported through the distributor’s distribution pipeline or system.

134   Distribution officers are public officials for particular functions

A distribution officer is declared to be a public official for the Police Powers and Responsibilities Act 2000 if the officer is, or is proposing to, perform a function mentioned in section 133(c) or (d).

Note—

See the Police Powers and Responsibilities Act 2000, chapter 1, part 3, division 2.

135   Issue of identity card

(1)A distributor must issue an identity card to each of its distribution officers.

(2)The identity card must—

(a)contain a recent photo of the person; and

(b)contain a copy of the person’s signature; and

(c)identify the person as a distribution officer for the distributor; and

(d)state an expiry date for the card.

136   Production or display of identity card

(1)In exercising a power under division 2 in relation to another person, a distribution officer must—

(a)produce his or her identity card for the person’s inspection before exercising the power; or

(b)have the identity card displayed so it is clearly visible to the person when exercising the power.

(2)However, if it is not practicable to comply with subsection (1), the officer must produce the identity card for the person’s inspection at the first reasonable opportunity.

137   Return of identity card

A person who ceases to be a distribution officer must return the person’s identity card to the distributor within 20 business days after ceasing to be a distribution officer, unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

Division 2 Powers of entry

138   Power to enter—general

(1)A distribution officer may enter a place to—

(a)install, maintain or take away the distributor’s gas infrastructure; or

(b)read or test a meter connected to the distributor’s distribution pipeline or system.

(2)However, the officer can not under subsection (1)—

(a)enter a part of the place where a person resides; or

(b)enter the place between 5p.m. on any day and 8a.m. on the next day.

(3)The power under subsection (1) may be exercised without the consent of, or notice to, the occupier of the place.

139   Power to enter to make gas infrastructure safe

(1)A distribution officer may enter a place to make the distributor’s gas infrastructure safe if the occupier of the place has been given at least 48 hours notice of the entry.

(2)However, the officer can not under subsection (1)—

(a)enter a part of the place where a person resides; or

(b)enter the place between 5p.m. on any day and 8a.m. on the next day.

(3)The power under subsection (1) may be exercised without the occupier’s consent.

140   Power to enter for emergency

(1)A distribution officer may enter a place to prevent or deal with an emergency involving, or that may involve, a covered gas transported through the distributor’s distribution pipeline.

(2)The power under subsection (1) may be exercised without the consent of, or notice to, the occupier of the place.

(3)However, if the occupier is present at the place, before entering the place, the officer must do, or make a reasonable attempt to do, the following things—

(a)comply with section 136 for the occupier;

(b)tell the occupier the purpose of the entry;

(c)seek the consent of the occupier to the entry;

(d)tell the occupier the officer is permitted under this Act to enter the place without the occupier’s consent.

(4)Also, if the occupier is not present at the place, the officer must take reasonable steps to advise the occupier of the officer’s intention to enter the place.

(5)Subsections (3) and (4) do not require the officer to take a step that the officer reasonably believes may frustrate or otherwise hinder the prevention or dealing with the emergency.

141   Power to enter common property unaffected

(1)The powers under this division are in addition to and do not limit a distribution officer’s power, under the Body Corporate and Community Management Act 1997, section 263, to enter common property.

(2)However, if the entry is also authorised under this division, section 145 applies to the entry.

Division 3 Safeguards

142   Duty to avoid damage

In performing a function or exercising a power under this part, a distribution officer must take all reasonable steps to ensure the officer causes as little inconvenience, and does as little damage, as is practicable.

143   Notice of damage

(1)This section applies if a distribution officer damages something when performing a function or exercising a power under this part.

(2)However, this section does not apply to damage the officer reasonably considers is trivial or if the officer reasonably believes—

(a)there is no-one apparently in possession of the thing; or

(b)the thing has been abandoned.

(3)The officer must promptly give notice of the damage to the person who appears to the officer to be the owner or person in possession of the thing.

(4)However, if for any reason it is not practicable to comply with subsection (3), the officer must—

(a)leave the notice at the place where the damage happened; and

(b)ensure it is left in a conspicuous position and in a reasonably secure way.

(5)The officer may delay complying with subsection (3) or (4) if the officer is exercising a power under section 139 or 140.

(6)However, the delay may be only for so long as it is reasonably necessary—

(a)for section 139—to make the gas infrastructure safe; or

(b)for section 140—to prevent or deal with the emergency.

144   Content of notice of damage

(1)A notice of damage under section 143 must state—

(a)particulars of the damage; and

(b)that the person who suffered the damage may claim compensation under section 145.

(2)If the distribution officer believes the damage was caused by a latent defect in the thing or circumstances beyond the officer’s control, the officer may state the belief in the notice.

145   Compensation from distributor to owner or occupier

(1)This section applies if an owner or occupier of land (the claimant) suffers a cost, damage or loss because of performance, or purported performance or the exercise, or purported exercise, of a function or power under this part by a distribution officer.

(2)Compensation for the cost, damage or loss is payable by the distributor to the claimant.

(3)The compensation may be claimed and ordered in a proceeding brought in a court of competent jurisdiction.

Part 6    [Repealed]

146   [Repealed]

147   [Repealed]

Chapter 3    Supply of reticulated covered gases

Part 1    Retailers and particular exempt sellers

148   [Repealed]

149   [Repealed]

150   [Repealed]

151   [Repealed]

152   [Repealed]

153   [Repealed]

154   [Repealed]

155   [Repealed]

156   [Repealed]

157   [Repealed]

158   [Repealed]

159   [Repealed]

160   [Repealed]

161   [Repealed]

162   [Repealed]

163   [Repealed]

164   [Repealed]

165   [Repealed]

166   [Repealed]

167   [Repealed]

168   [Repealed]

169   [Repealed]

170   [Repealed]

171   [Repealed]

172   [Repealed]

173   [Repealed]

174   [Repealed]

174A   [Repealed]

174B   [Repealed]

175   [Repealed]

175A   Retailer or particular exempt sellers must enter into community services agreement

(1)A retailer must not provide customer retail services unless—

(a)the retailer—

(i)enters into an agreement with the State to provide, for at least 5 years, the community services agreed between the State and the retailer; and

(ii)complies with the agreement; or

(b)if no agreement is entered into with the State under paragraph (a)(i), the retailer—

(i)provides the community services decided by the Minister; and

(ii)complies with any conditions included in the Minister’s decision about the provision of the services.

Maximum penalty—1333 penalty units.

(2)In making a decision under subsection (1)(b), the Minister must have regard to the retailer’s reasonable administration costs and other risks in providing the community services.

(3)In this section—

retailer includes each of the following councils if the council is taken under the National Energy Retail Regulations (Queensland), section 14 as an exempt seller holding an individual exemption under the NERL (Qld), part 5, division 6—

(a)the Maranoa Regional Council;

(b)the Western Downs Regional Council.

176   [Repealed]

177   [Repealed]

178   [Repealed]

179   [Repealed]

180   [Repealed]

181   [Repealed]

182   [Repealed]

183   [Repealed]

184   [Repealed]

185   [Repealed]

186   [Repealed]

187   [Repealed]

188   [Repealed]

189   [Repealed]

190   [Repealed]

191   [Repealed]

192   [Repealed]

193   [Repealed]

194   [Repealed]

195   [Repealed]

196   [Repealed]

197   [Repealed]

Part 2    [Repealed]

Division 1 [Repealed]

Subdivision 1 [Repealed]

198   [Repealed]

199   [Repealed]

Subdivision 2 [Repealed]

200   [Repealed]

201   [Repealed]

202   [Repealed]

203   [Repealed]

Division 2 [Repealed]

204   [Repealed]

205   [Repealed]

206   [Repealed]

207   [Repealed]

Division 3 [Repealed]

208   [Repealed]

209   [Repealed]

210   [Repealed]

211   [Repealed]

212   [Repealed]

Part 3    On-supply

213   On-suppliers and their receivers

(1)An on-supplier is a person who—

(a)is the owner or occupier of premises or has the right to use premises; and

Example—

an owner, occupier or a person who has a right to use a caravan park, exhibition centre, hostel, hotel, industrial park, lodging house, marina, market arcade, motel or shopping centre

(b)supplies, by reticulation, a covered gas for use in the premises.

(2)An on-supplier also includes a body corporate or body corporate manager under a body corporate Act who supplies, or authorises someone else to supply, by reticulation, a covered gas to—

(a)members of the body corporate; or

(b)persons who occupy the premises that make up the body corporate.

(3)The premises for which a person is an on-supplier is called the on-supplier’s premises.

(4)A receiver is a person who owns, occupies or has the right to use an on-supplier’s premises and to whom the on-supplier supplies a covered gas, by reticulation.

214   [Repealed]

215   [Repealed]

216   [Repealed]

217   [Repealed]

218   [Repealed]

219   [Repealed]

220   [Repealed]

221   [Repealed]

222   Individual metering option

(1)This section applies if an on-supply agreement for the supply of a covered gas from an on-supplier to a receiver is in force.

(2)The receiver may, at any time—

(a) elect, by notice to the on-supplier, to be charged on the basis of the receiver’s consumption of the covered gas supplied from the on-supplier, as measured by a meter; and

(b)install the meter, at the receiver’s expense.

(3)However, the election has effect only if the installation—

(a)complies with the Petroleum and Gas (Production and Safety) Act and any other relevant Act; and

(b)is done in a way—

(i)that complies with any reasonable written directions the on-supplier gives the receiver within 5 business days after the giving of the notice; or

(ii)if no written directions are given within the 5 business days—that is reasonable.

(4)In deciding what is reasonable for subsection (3), regard must be had to the interests of the on-supplier and anyone who is an occupier of the on-supplier’s premises.

223   Compensation for installation damage

(1)This section applies if—

(a)a receiver has, under section 222, given an on-supplier a notice of election; and

(b)the receiver installs a meter for the covered gas supplied from the on-supplier to the receiver; and

(c)either—

(i)no written direction was given by the on-supplier under section 222(3)(b); or

(ii)the installation was done in a way that does not comply with the on-supplier’s reasonable written directions under that section; or

(iii)the installation was not done in a way that is reasonable; and

(d)a person as follows (the claimant) suffers damage to property because of the installation—

(i)the on-supplier;

(ii)anyone who is an occupier of the on-supplier’s premises.

(2)Compensation for the damage is payable by the receiver to the claimant.

(3)The compensation may be claimed and recovered in a proceeding brought in a court of competent jurisdiction.

(4)In making the order the court must have regard to—

(a)whether it was reasonable for the claimant to give the receiver an opportunity to fix the damage; and

(b)if paragraph (a) applies—whether the receiver was given a reasonable period to fix the damage.

224   [Repealed]

225   [Repealed]

226   [Repealed]

227   [Repealed]

Part 4    Pricing

Division 1 QCA investigation

227A   Direction by Minister to investigate effectiveness of retail competition

(1)The Minister may, by gazette notice, give QCA a written direction to—

(a)investigate (the pricing investigation) the effectiveness of retail competition in the Queensland retail gas market; and

(b)give the Minister a report on the pricing investigation within a stated period.

(2)QCA must comply with the direction.

(3)QCA must publish the direction on its website.

227B   Period for giving report

QCA must give the Minister the report within—

(a)the period stated in the direction; or

(b)if no period is stated in the direction—6 months after it receives the direction.

227C   Terms of reference

The direction may do all or any of the following—

(a)state the terms of reference of the pricing investigation;

(b)require QCA to, during the pricing investigation, make a draft report publicly available or available to a stated entity;

(c)require QCA to, in conducting the pricing investigation—

(i)consider stated matters; and

(ii)have stated objectives;

(d)give QCA other directions the Minister considers appropriate.

227D   Notice of pricing investigation or amended term of reference or direction

QCA must publish a notice of the following on its website and in a Statewide newspaper—

(a)the pricing investigation;

(b)if a term of reference or direction relating to the pricing investigation is amended—the amended term of reference or direction.

227E   Conduct of pricing investigation

(1)The QCA Act, part 6, other than section 171, (the applied part) applies for the pricing investigation—

(a)as if a reference in the applied part to an investigation were a reference to the pricing investigation; and

(b)as if the QCA Act, section 176(3), required the notice mentioned in that subsection to be given to any entity that QCA knows would be potentially affected by the review.

(2)However, the applied part applies subject to any requirement or direction of the Minister.

227F   Required consultation for report

Before QCA gives the Minister the report it must prepare a draft of the report and engage in the consultation prescribed under a regulation.

Division 2 Notified prices

228   Fixing of prices

(1)Subject to section 228A, the Minister may fix any or all of the following—

(a)standing offer prices of a retailer for or relating to the sale of a covered gas to a customer;

(b)charges relating to the sale of a covered gas to a customer;

(c)a methodology to fix the standing offer prices or charges.

Examples of matters for which prices, charges or a methodology may be fixed—

•charges for selling a covered gas

•charges or fees for late or dishonoured payments

•charges or fees for discontinuing or recommencing the sale of a covered gas

(2)In exercising the power, the Minister must consider the main purposes of this Act and the QCA code objective.

(3)The prices, or prices fixed under the methodology, are called notified prices.

(4)The notified prices, or methodology to fix the prices—

(a)must be notified by gazette notice; and

(b)take effect on the later of the following days—

(i)the day the notice is gazetted;

(ii)if the gazette notice states a later day of effect—the later day.

(5)In this section—
retailer means a retailer under the NERL (Qld).
standing offer prices has the meaning given by the NERL (Qld), section 2.

Note—

Under section 320, the Minister may delegate the Minister’s powers under this division to QCA.

228A   Restrictions on the first exercise of price fixing power

(1)This section applies only for the first occasion on which the Minister exercises the power under section 228.

(2)The power may be exercised only if—

(a)either—

(i)QCA has given the Minister a report about a pricing investigation; or

(ii)AEMC has, under the AEMC Act, a report about the effectiveness of retail competition in the Queensland retail gas market; and

(b)no more than 6 months has passed since the giving of the report; and

(c)the Minister has considered the report.

(3)The Minister must—

(a)publish on the department’s website reasons for exercising the power; and

(b)give each retailer a copy of the reasons.

(4)In this section—

AEMC means the Australian Energy Market Commission established under section 5 of the AEMC Act.

AEMC Act means the Australian Energy Market Commission Establishment Act 2004 (SA).

retailer means a retailer under the NERL (Qld).

229   Review of notified prices

(1)A retailer to whom notified prices apply may ask the Minister to review the notified prices.

(2)The Minister must complete the review within 6 months after the request was made.

230   Public advertisement of notified prices

(1)This section applies if there is a change to notified prices that apply to a particular retailer.

(2)QCA may publish a notice giving particulars of the changed prices in a newspaper circulating in each locality in which small customers to whom the prices apply reside.

(3)If QCA asks, the retailer must pay QCA’s reasonable costs of the publication.

231   Requirement to comply with notified prices

If—

(a)there is a notified price for or relating to the sale of a covered gas; and

(b)the notified price applies to a retailer;

the retailer must comply with the notified price unless otherwise required under the retailer of last resort scheme.

Maximum penalty—500 penalty units.

232   Additional consequences of failure to comply with notified prices

(1)This section applies if—

(a)a retailer contravenes a notified price for a matter; and

(b)the contravention was not caused by a compliance with the retailer of last resort scheme.

(2)The retailer has no right to recover from the relevant customer or receiver any amount for the matter that is more than the notified price.

(3)The customer may recover from the retailer as a debt any amount paid for the matter that is more than the notified price.

(4)The failure to comply with the notified price does not, of itself, affect the customer’s liability to the retailer to pay an amount for the matter that is no more than the notified price.

(5)This section applies despite any retail contract.

233   Directions for prices notification

(1)The Minister may, by notice, give a retailer a direction to do any of the following if the Minister reasonably believes the direction may help the Minister to fix notified prices—

(a)give the Minister stated information at stated reasonable times or intervals;

(b)keep stated records;

(c)give the Minister copies of the records at stated times or intervals.

Note—

See also section 318.

Examples of stated information in relation to a direction for prices notification for a covered gas—

•how many customers the retailer has in stated consumption ranges

•the total gas supplied to the retailer’s customers

•how much gas the retailer supplied its customers in stated consumption ranges

•the cost of gas at the point, commonly called the ‘city gate’, where a distributor’s distribution system connects with a transmission pipeline

•the fees and charges paid to the retailer for the sale of gas

•the retailer’s gas transportation costs

•the cost to the retailer of gas

•the retailer’s margin for gas supplied

•the total cost to the retailer’s customers of gas supplied

•the retailer’s total revenue from the sale of gas

•a profile of the number of the retailer’s customers in stated consumption ranges

•other information relating to the retailer’s cost and revenue bases for gas supply

(2)The direction must be accompanied by, or include, a QCAT information notice for the decision to give the direction.

234   Requirement to comply with direction for prices notification

If a retailer is given a direction under section 233, the retailer must comply with the direction unless the retailer has a reasonable excuse.

Maximum penalty—500 penalty units.

235   [Repealed]

Chapter 4    Sufficiency of supply

Part 1    Preliminary

236   Who is an industry participant

Each of the following is an industry participant—

(a)a distributor;

(b)a retailer;

(c)the holder of a transmission pipeline licence;

(d)a person who—

(i)holds—

(A)a lease under the Petroleum Act 1923; or

(B)a petroleum lease or petroleum facility licence under the Petroleum and Gas (Production and Safety) Act; and

(ii)conducts a business in relation to the lease or licence that significantly affects, or may significantly affect, the supply of a covered gas to the community or part of the community;

(e)a person who ships gas to a retail market under an agreement with a person who is an industry participant under paragraph (a), (b), (c) or (d);

(f)a customer who, in the last 12 months, consumed more than 100TJ of covered gases;

(g)a customer who, in the next 12 months, is likely to consume more than 100TJ of covered gases.

Part 2    Contingency supply plans

237   Regulator’s power to require plan

(1)The regulator may, by notice, require an industry participant to, within a stated reasonable period, make a plan that complies with section 239 for the contingency supply of a covered gas (a contingency supply plan).

(2)The industry participant must comply with the notice.

Maximum penalty—500 penalty units.

(3)For subsection (1), the plan is not made until the regulator is given a copy.

(4)Before the industry participant makes the plan, the participant must make reasonable endeavours in the circumstances to consult with the regulator and stakeholders in the covered gas industry about the proposed plan.

(5)However, subsection (4) does not apply if the industry participant has made a plan under another Act and the plan complies or substantially complies with section 239.

(6)A failure to comply with subsection (4) does not invalidate or otherwise affect the plan.

238   Regulator’s power to make plan

(1)If, in contravention of section 237, an industry participant does not make a contingency supply plan, the regulator may, by notice to the participant, make the plan for the participant.

(2)However, before making the plan, the regulator must give the industry participant—

(a)a proposed plan; and

(b)a reasonable opportunity to make submissions to the regulator about the proposed plan.

(3)This section does not prevent the industry participant from making another contingency supply plan or amending the plan made by the regulator if the other plan or amended plan complies with the content requirements.

239   Contingency supply plan—content requirements

(b)does not limit section 6(3).

316A   Protection from liability of member or employee of QCA

(1)A member or employee of QCA is not civilly liable for an act done, or omission made, in good faith under this Act.

(2)If subsection (1) prevents a civil liability attaching to a member or employee, the liability attaches instead to QCA.

317   Power to require additional information

(1)This section applies if—

(a)a person is required under this Act to give the Minister or the regulator a notice or copy of a document or information (the advice); and

(b)the person gives the advice.

(2)The Minister or the regulator may, by notice, require the person to give, within the reasonable time stated in the notice, written information about the matter for which the advice was given.

(3)The person must comply with the notice.

Maximum penalty for subsection (3)—300 penalty units.

318   Confidentiality of particular information

(1)This section applies if—

(a)a person gives information in response to—

(i)a direction under section 233; or

(ii)a requirement under section 245; or

(iii)a requirement under section 317 that relates to information given under section 233 or 245; and

(b)the information is RTI excluded information.

(2)If an official acquires the information in the official’s capacity as an official the official must not disclose the information to anyone else, unless the disclosure is—

(a)made with the person’s consent; or

(b)expressly permitted or required under another Act.

Maximum penalty—100 penalty units.

(3)In this section—

official means—

(a)the Minister; or

(b)the regulator; or

(c)a person who is, or has been, a public service employee.

319   Application of provisions

(1)This section applies if a provision of this Act applies any of the following (the applied law) for a purpose—

(a)another provision of this Act;

(b)another law;

(c)a provision of another law.

(2)The applied law and any definition relevant to it apply with necessary changes.

(3)Subsection (2) is not limited merely because a provision states how the applied law is to apply.

320   Delegation by Minister

(1)The Minister may delegate the Minister’s powers under this Act to an appropriately qualified public service officer or employee.

(2)However, the Minister can not delegate the power to make an insufficiency of supply declaration.

(3)The Minister may delegate the Minister’s powers under chapter 3, part 4, division 2 to QCA.

321   Delegation by regulator

The regulator may delegate the regulator’s powers under this Act to an appropriately qualified public service officer or employee.

321A   [Repealed]

321B   Reporting to Minister by QCA

(1)QCA must, on or before each 31 December and 30 June, give the Minister a written report about the performance of—

(a)its functions under this Act; and

(b)any of the Minister’s functions under this Act that have been delegated to QCA.

(2)QCA may, from time to time, give the Minister reports about any significant events in the State’s covered gas market of which it considers the Minister ought to be aware, including, for example, systemic issues materially affecting consumers.

(3)In this section a reference to the performance of a function includes the exercise of a power.

322   Approved forms

The regulator may approve forms for use under this Act.

323   Regulation-making power

(1)The Governor in Council may make regulations under this Act.

(2)A regulation may be made about any of the following—

(a)any matter that may, under the National Gas (Queensland) Law, be prescribed under jurisdictional gas legislation;

(b)the fees payable under this Act, including late payment fees;

(c)imposing a penalty of no more than 20 penalty units for a contravention of a provision of a regulation.

Chapter 7    Transitional provisions

Part 1    Transitional provisions for Electricity and Other Legislation Amendment Act 2006

324   Definitions for pt 1

In this part—

amendment Act means the Electricity and Other Legislation Amendment Act 2006.

former, for a provision mentioned in this part, means the provision to which the reference relates is a provision of the pre-amended Act.

FRC day means the day the amendment Act, section 114 commences.

new, for a provision mentioned in this part, means the provision to which the reference relates is a provision of the post-amended Act, as affected by any relevant definitions under the post-amended Act.

post-amended Act means this Act as in force from the FRC day.

pre-amended Act means this Act as in force before the FRC day.

325   Conversion of customer retail contracts for particular small customers to standard contracts

(1)This section applies on the FRC day if—

(a)immediately before that day, a customer retail contract under the pre-amended Act (the existing contract) was in force between a customer and a retailer for the provision of customer retail services to premises; and

(b)under the post-amended Act the customer is a small customer for the premises; and

(c)notified prices applied to the customer for the provision of the services to the premises.

(2)The existing contract ends.

(3)The ending of the existing contract does not affect rights or obligations accrued under it before the FRC day.

(4)The customer and the retailer are, under new section 204, taken to have entered into a standard retail contract for the provision of the services to the premises.

(5)New sections 204 and 207 apply to the standard retail contract as if it were a contract taken to have been entered into under that section.

326   Small customer may enter into negotiated retail contract before FRC day

(1)This section applies if—

(a)under the pre-amended Act, a customer is a non-contestable customer for premises; and

(b)the customer would, under the post-amended Act, be a small customer for the premises.

(2)Despite former section 169, the customer may enter into a negotiated retail contract under the post-amended Act for the provision of customer retail services to the premises even though this Act is not in force in the form of the post-amended Act.

(3)However, until the FRC day—

(a)customer retail services can not be provided under the negotiated retail contract; and

(b)any customer retail contract under the pre-amended Act continues to apply for the provision of the services.

(4)Also, it is taken to be a term of the negotiated contract that the customer may, by written notice to the relevant retailer given within 10 business days after the FRC day, terminate the contract without penalty.

(5)The notice need not state a ground for the termination.

327   Transitional retail contracts

(1)This section applies on the FRC day if—

(a)immediately before that day, a customer retail contract under the pre-amended Act (the existing contract) was in force between a customer and a retailer for the provision of customer retail services to premises; and

(b)in the 12 months before the FRC day, the customer at the premises consumed more than 1TJ, but less than 10TJ, of processed natural gas; and

(c)notified prices applied to the customer for the provision of the services to the premises.

(2)The existing contract ends.

(3)The ending of the existing contract does not affect rights or obligations accrued under it before the FRC day.

(4)The customer and the retailer are taken to have entered into a a new retail contract (the transitional retail contract) for the provision of the services to the premises.

(5)The terms of the transitional retail contract are the retailer’s terms for retail contracts of the type to which this section applies, as published on the area retailer’s website and given to QCA no later than 5 days before the FRC day.

(6)The retailer must, as soon as practicable after publishing the terms under subsection (5), give the customer a notice that the terms of the retailer’s transitional retail contracts may be inspected on its website.

(7)The customer and the retailer are taken to have agreed to comply with the terms and to have entered into the transitional retail contract as a deed.

(8)New section 207 applies to the transitional retail contract as if a reference in the section to a standard retail contract were a reference to the transitional retail contract.

(9)This section is subject to the retailer of last resort scheme.

328   References to other particular contracts under pre-amended Act

(1)In an Act or document, a reference to a contract of a following type (the old type) under the pre-amended Act is taken to be a reference to a type of contract under the post-amended Act stated opposite the old type—

(a)a customer connection contract—a connection contract;

(b)a customer retail contract—a retail contract.

(2)Subsection (1) applies subject to new sections 325 to 327.

329   Price publication requirements of area retailers for FRC

(1)Each area retailer must, before the following day, publish and give the Minister and QCA a list of the indicative prices that it proposes to charge its small customers under a standard retail contract for the provision of customer retail services on the FRC day—

(a)if, before 31 March 2007, a day is prescribed under a regulation—the prescribed day;

(b)otherwise—31 March 2007.

Maximum penalty—500 penalty units.

(2)For subsection (1), the indicative prices are the prices that the retailer reasonably estimates that it will be charging the customers for the services, other than for the following anticipated charges that it will pass on to them—

(a)network use of system charges;

(b)network FRC charges passed on to the area retailer from distributors;

(c)charges from the GRMO.

(3)Each area retailer must, on the earlier of the following days, publish and give the Minister and QCA a list of its actual prices for the services—

(a)the day that is 20 days after the last of the charges mentioned in subsection (2) is fixed;

(b)the day that is 5 days before the FRC day.

Maximum penalty—500 penalty units.

(4)A publication of actual prices under subsection (3) may be included in a publication of the area retailer’s standard terms under new section 206, as that section applies because of new section 330.

(5)In this section—

network FRC charges means charges for costs incurred by distributors in implementing the amendments to this Act under the amendment Act that, under their approved access arrangements, may be passed on to customers.

network use of system charges means charges by the relevant distributor for customer connection services and the transportation of processed natural gas.

publish means publish on the area retailer’s website.

330   Area retailer’s obligations about standard terms apply 1 month before FRC day

(1)New sections 160, 205 and 206 apply to each area retailer as if the sections had commenced 1 month before the FRC day.

(2)However, subsection (1) does not apply for the retailer’s standard terms to the extent the terms are its prices for customer retail services.

(3)Also, if the retailer gives a list as required under new section 329(3), the retailer may amend its standard terms to include the prices without complying with new section 206.

331   Price publication requirements of general retailers for FRC

Each general retailer must, before the FRC day, publish on its website and give QCA a list of its prices on the FRC day for its charges to small customers under a standard retail contract for customer retail services.

332   Existing mediated agreements

Former section 264 continues to apply for a mediated agreement under the pre-amended Act as if the section were still in force.

333   Existing orders on arbitrated disputes

Former section 265 continues to apply for an order made under the section as if the section were still in force.

Part 2    Transitional provision for Mines and Energy Legislation Amendment Act 2009

334   Continued protection from civil liability for particular persons

(1)This section applies to each of the following persons (a relevant person)—

(a)the GRMO;

(b)a director or other officer of the GRMO acting within the scope of the person’s directorship or other office with the GRMO;

(c)an employee of the GRMO acting within the course of the employee’s employment with the GRMO.

(2)Section 315(2) to (4) continues to apply to a relevant person.

(3)In this section—

GRMO means a body corporate—

(a)appointed by the Minister under section 257A, as in force immediately before the commencement of this section, to be the gas retail market operator; and

(b)in existence as the operator immediately before the commencement of this section.

Part 3    Transitional provisions for Electricity Competition and Protection Legislation Amendment Act 2014

335   Definition for pt 3

In this part—

commencement means the commencement of this section.

336   Continuation of cancellation or suspension of distribution authorities

(1)This section applies if, before the commencement—

(a)an event mentioned in section 57(2) has happened; and

(b)the regulator had commenced procedures under section 58 or chapter 2, part 1, division 3, subdivision 5 in relation to the event for cancellation or suspension of a distribution authority.

(2)This Act, as in force immediately before the commencement, continues to apply for the cancellation or suspension of the distribution authority.

337   Unfinished customer connection services

(1)This section applies if—

(a)before the commencement, a customer and a distributor have entered into a connection contract under section 106; and

(b)at the commencement, the customer’s premises are not physically connected to the distributor’s distribution system.

(2)Section 108 as in force immediately before the commencement, continues to apply to the construction of the connection under the connection contract.

338   Undecided retail authority applications

(1)This section applies if, before the commencement, a person applied to the regulator for a retail authority but the application had not been decided.

(2)The application lapses.

Note—

The person may be able to apply for a retailer authorisation under the NERL (Qld).

339   Existing retail authorities

(1)This section applies if, immediately before the commencement, a person was the holder of a retail authority.

(2)The retail authority ceases to have effect.

Note—

The retail sale of processed natural gas is regulated under the NERL (Qld) from the commencement.

340   Continuation of actions by QCA

(1)This section applies if, before the commencement—

(a)QCA has given a warning notice under former section 270R to a distributor or retailer; or

(b)QCA has given a code contravention notice, under former section 270U, to a distributor or retailer; or

(c)QCA has, under former section 270W, applied to the Supreme Court for an order about the payment of a civil penalty by a distributor or retailer; or

(d)QCA has, under former chapter 5A, part 5, division 3, referred a matter to the regulator; or

(e)QCA has given a distributor or retailer a notice under former section 270ZE to produce documents or information; or

(f)QCA has, under former section 270ZG, required a distributor or retailer to carry out an internal audit or to appoint an independent auditor.

(2)QCA may continue to take action under chapter 5A, part 5 as in force immediately before the commencement.

(3)In this section—

former, for a provision mentioned in this section, means the provision as in force immediately before the commencement.

341   Regulator may continue to impose civil penalties

(1)This section applies if, before the commencement—

(a)a matter mentioned in section 270ZK, as in force immediately before the commencement, was referred to the regulator; and

(b)the regulator has not yet exercised a power under section 270ZL in relation to the matter.

(2)The regulator may exercise the power under section 270ZL in relation to the matter.

Part 4    Transitional provisions for Gas Supply and Other Legislation (Hydrogen Industry Development) Amendment Act 2023

342   Definitions for part

In this part—

amendment Act means the Gas Supply and Other Legislation (Hydrogen Industry Development) Amendment Act 2023.

former, for a provision of this Act, means the provision as in force from time to time before the commencement.

new, for a provision of this Act, means the provision as in force from the commencement.

343   Existing distribution authorities

(1)This section applies to a distribution authority that was in effect immediately before the commencement.

(2)Despite new section 21, on the commencement, the distribution authority does not authorise its holder to transport, or provide customer connection services relating to, a covered gas that is hydrogen or a gas blend.

(3)However, subsection (2) does not apply to the extent the distribution authority is amended under chapter 2, part 1, division 3 so it applies in relation to a covered gas that is hydrogen or a gas blend.

344   Insufficiency of supply declarations

(1)This section applies if, immediately before the commencement, an insufficiency of supply declaration under former section 251 was in effect.

(2)On the commencement, former chapter 4, part 5, division 1 continues to apply in relation to the supply declaration.

345   Insufficiency of supply directions

(1)This section applies if, immediately before the commencement, an insufficiency of supply direction under former section 254 was in effect.

(2)On the commencement, former chapter 4, part 5, division 2 continues to apply in relation to the supply direction.

Schedule 1 Decisions subject to internal review

section 271(1)

Section reference	Description of decision
31 or 36	Refusal of distribution authority application
56	Refusal of amendment application
58	Giving of suspension notice for immediate suspension of distribution authority
58	Fixing of period of suspension for distribution authority
62	Amendment, cancellation or suspension of distribution authority
65	Refusal of renewal application for distribution authority
69	Refusal of transfer application for distribution authority or to impose a condition on the transfer, other than a condition mentioned in section 69(5)
73	Refusal of surrender application for distribution authority or to impose a condition on the surrender, other than a condition mentioned in section 73(5)
87	Giving of work direction by public entity to distributor
243	Amendment of contingency supply plan
245	Requirement of industry participant to give the regulator information
268	Requirement of distributor, retailer or public entity to give the regulator information
314	Refusal of application to replace authority

Schedule 2 Dictionary

section 7

acceptance notice see section 35(1)(d).

accounting period ...

advisory committee ...

AEMO has the meaning given under the National Gas (Queensland) Law.

appropriately qualified, for the performance of a function or exercise of a power, includes having the qualifications, experience and competence to perform the function or exercise the power.

approved access arrangement means an access arrangement approved by the relevant regulator under the National Gas Law.

approved form means the form approved by the regulator under section 322.

area distribution authority ...

area distributor ...

area retail authority ...

area retailer ...

area retailer obligation ...

body corporate Act means any Act as follows—

(a)Body Corporate and Community Management Act 1997;

(b)Building Units and Group Titles Act 1980;

(c)Integrated Resort Development Act 1987;

(d)Mixed Use Development Act 1993;

(e)Registration of Plans (H.S.P. (Nominees) Pty. Limited) Enabling Act 1980;

(f)Registration of Plans (Stage 2) (H.S.P. (Nominees) Pty. Limited) Enabling Act 1984.

code contravention notice see section 270R(1).

common area ...

common area consumption ...

conduct assurance see section 270S(1)(b)(ii).

connection contract see section 106(1).

consequential work see section 92(1)(b).

consequential work requirement see section 92(2).

consumption, of a substance, includes using it to produce heat, light or power or for air-conditioning or refrigeration.

content requirements, for a contingency supply plan, see section 239(1).

contestable customer ...

contingency supply plan, of an industry participant, means the industry participant’s contingency supply plan made under section 237, as amended from time to time under section 243.

contravention notice see section 271AC(1).

corresponding authority, for a distribution authority for a covered gas, means an authority or licence, however called, issued under any of the following that is similar to the distribution authority for the covered gas—

(a)Gas Supply Act 1996 (NSW);

(b)Gas Act 1997 (SA);

(c)Gas Industry Act 2001 (Vic);

(d)Gas Industry Act 2019 (Tas);

(e)Energy Coordination Act 1994 (WA);

(f)Energy Operators (Powers) Act 1979 (WA);

(g)Utilities Act 2000 (ACT);

(h)another law of a State relating to the transport or supply of the covered gas.

covered gas see section 9.

covered pipeline means a pipeline that, under the National Gas Law, is a covered pipeline.

Note—

See the National Gas (Queensland) Law, section 2, definition covered pipeline.

criminal history means history of convictions other than a spent conviction, for offences committed in the State or elsewhere.

customer see section 16.

customer connection contract ...

customer connection services see section 19.

customer retail contract ...

customer retail services ...

decision notice see section 35(1).

defaulting retailer ...

disconnect, for customer connection services, includes—

(a)cessation, curtailment and interruption; and

(b)a refusal to connect or reconnect.

discontinuance request ...

discontinue ...

distribution area see section 21(a).

distribution authority see section 21.

distribution network code means—

(a)an initial distribution network code; or

(b)a distribution network code made by QCA under chapter 5A and as amended from time to time under that chapter.

distribution officer, for a distributor, means a person appointed, under section 132, as a distribution officer for the distributor, whose appointment is still in force.

distribution pipeline see section 13.

distribution system see section 14.

distributor see section 22.

Electricity Act means the Electricity Act 1994.

energy and water ombudsman means the energy and water ombudsman under the Energy and Water Ombudsman Act 2006.

energy ombudsman ...

excluded customer see section 16(4).

exclusive retail authority ...

exclusive retailer ...

executive officer, of a corporation, means a person who is concerned with, or takes part in, its management, whether or not the person is a director or the person’s position is given the name of executive officer.

exempt seller means an exempt seller under the NERL (Qld), that sells gas to a customer in Queensland.

external review, for a decision, means a review of the decision by QCAT under the QCAT Act.

first accounting period ...

FOI exempt matter ...

fuel gas ...

gas infrastructure see section 75(1).

gas infrastructure work see section 75(2).

Gas Pipelines Access Law ...

Gas (Residual Provisions) Act ...

gas retail market procedures means—

(a)

the retail market procedures made under the National Gas (Queensland) Law, section 294A, that regulate the Queensland retail gas market (the initial procedures); and

(b)the retail market procedures made by AEMO under the National Gas (Queensland) Law, section 91M, that regulate the Queensland retail gas market, including procedures that amend—

(i)the initial procedures; or

(ii)other procedures made by AEMO.

gas retail market services ...

general retail authority ...

general retailer ...

greenfield distribution authority ...

GRMO ...

holder, of an authority under this Act, means each person recorded in the register of authorities as its holder.

industry code ...

industry participant see section 236.

information notice, for a decision, means a notice stating each of the following—

(a)the decision;

(b)reasons for the decision;

(c)the rights of—

(i)internal review under this Act for the decision; or

(ii)referral, under the Energy and Water Ombudsman Act 2006, for the decision;

(d)the period within which any internal review or referral must be started or made;

(e)how the rights of internal review or referral must be exercised;

(f)for a right of internal review—that a stay of a decision the subject of internal review under this Act may be applied for under this Act.

initial distribution network code means an initial distribution network code made by the Minister under chapter 5A and as amended from time to time under that chapter.

initial industry code ...

insufficiency of supply declaration see section 251.

insufficiency of supply direction see section 254(1).

internal review application see section 271(1).

internal review decision see section 274(1)(b).

internal review notice see section 278(1).

large customer ...

lot includes a parcel of land.

LPG, also called ‘LP gas’ and ‘liquefied petroleum gas’, means a substance that—

(a)is in a gaseous state at standard temperature and pressure; and

(b)is more than half propane, propylene (also called propene) or butane, in any combination; and

(c)has been processed to be suitable for consumption.

LPG distribution pipeline means a pipeline that—

(a)only transports LPG; and

(b)would, other than for the fact that it only transports LPG, be a distribution pipeline as defined under section 13.

LPG distribution system means a system of pipelines, meters and other equipment that—

(a)is only for LPG; and

(b)would, other than for the fact that the system is only for LPG, be a distribution system as defined under section 14.

LPG distributor means a person who—

(a)owns or operates an LPG distribution pipeline or LPG distribution system; and

(b)provides services to premises that—

(i)relate to the pipeline or system; and

(ii)would, if the pipeline or system was a distribution pipeline or system, be customer connection services as defined under section 19.

meter means a device used to work out, by direct measurement, the energy, mass or volume of a covered gas transferred from one place to another.

MIRN means a meter identification registration number under the gas retail market procedures.

MIRN premises—

1

A MIRN premises is premises, a part of premises or a group of premises—

(a)that, under the gas retail market procedures, has an established metering installation with a MIRN; or

(b)for which, under the gas retail market procedures, a metering installation with a MIRN is to be established.

2However, the term does not include a premises of an excluded customer.

national gas agreement means the ‘Natural Gas Pipelines Access Agreement’ relating to third party access to natural gas pipeline systems entered into by the Commonwealth and all of the States on 7 November 1997, or the agreement as amended.

Editor’s note—

A copy of the agreement is available for inspection free of charge at the department’s office at 61 Mary Street, Brisbane during office hours on business days.

National Gas Law means both of the following—

(a)the National Gas (Queensland) Act 2008;

(b)the National Gas (Queensland) Law.

negotiated retail contract ...

NERL (Qld) see the National Energy Retail Law (Queensland) Act 2014, section 3(1).

non-contestable customer ...

notice means a written notice.

notified prices see section 228(3).

on a publicly controlled or other place includes over or under the place.

on-supplier see section 213.

on-supplier’s premises see section 213(3).

on-supply agreement ...

original decision see section 271(1).

Petroleum and Gas (Production and Safety) Act means the Petroleum and Gas (Production and Safety) Act 2004.

point-to-point distribution authority ...

premises, of a customer, means premises owned or occupied by the customer.

prevent includes each of the following—

(a)hinder;

(b)obstruct.

pricing investigation see section 227A(1)(a).

processed natural gas ...

proposed action see section 60(1)(a).

prospective on-supplier ...

prospective receiver ...

protected customer ...

public entity—

(a)generally—see section 76; and

(b)for a publicly controlled place—see also section 77(3).

public entity work see section 90.

publicly controlled place see section 77.

QCA means the Queensland Competition Authority established under the QCA Act.

QCA Act means the Queensland Competition Authority Act 1997.

QCA code objective see section 270F(1).

QCAT information notice means a notice complying with the QCAT Act, section 157(2).

reasonably believes means to believe on grounds that are reasonable in the circumstances.

receiver, for an on-supplier, see section 213(4).

register ...

register of authorities means the register the regulator keeps under section 308.

regulator see section 8.

remedial action see section 96.

remedial action requirement see section 97.

retail area ...

retail authority ...

retail contract means a negotiated retail contract or a standard retail contract.

retailer means a retailer under the NERL (Qld), that sells gas to a customer in Queensland.

retailer of last resort scheme means the RoLR scheme under the NERL (Qld), section 122.

retail services application ...

reticulated, for a covered gas, see section 15.

review application ...

review decision ...

reviewer see section 271(2).

review notice ...

RTI excluded information means information that is—

(a)exempt information under the Right to Information Act 2009; or

(b)information disclosure of which could reasonably be expected to cause a public interest harm as mentioned in the Right to Information Act 2009, schedule 4, part 4.

sell includes each of the following—

(a)give or sell;

(b)agree, attempt or offer to give or sell;

(c)advertise to give or sell;

(d)cause or permit to be given or sold;

(e)give away for swap.

small customer see section 16(3).

spent conviction ...

standard retail contract ...

standard temperature and pressure means an absolute pressure of 101.325kPa at a temperature of 15ºC.

standard terms ...

Statewide newspaper means a newspaper or other publication generally circulating in the State.

substantial shareholder, in a corporation, means a person who under the Corporations Act, has a substantial shareholding in the corporation.

suitability criteria see section 32(2).

supply, for a covered gas, includes the transportation or sale of the covered gas.

transmission pipeline see section 12.

transmission pipeline licence means a licence under the Petroleum and Gas (Production and Safety) Act for a transmission pipeline.

warning notice—

(a)for chapter 5A, part 5—see section 270R(1); or

(b)for chapter 6, part 1B, division 1—see section 271AC(1).

warning period see section 271AD(1)(c).

work direction see section 87(2).

Schedule 3 [Repealed]