Gas Supply (Miscellaneous Amendments) Regulation 2004 (NSW)
2004 No 274
New South Wales
Gas Supply (Miscellaneous
Amendments) Regulation 2004
under the
Gas Supply Act 1996
Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Gas Supply Act 1996.
FRANK ERNEST SARTOR, M.P.,
Minister for Energy and Utilities
Explanatory note
The object of this Regulation is to transfer from the Gas Supply (General) Regulation 1997 to the Gas Supply (Natural Gas Retail Competition) Regulation 2001 such provisions of the former regulation as relate to:
| (a) | the constitution and procedure of the review panels established to review gas pricing orders made by the Independent Pricing and Regulatory Tribunal, and |
| (b) | the delegation of functions by the Director-General of the Department of Energy, Utilities and Sustainability. |
The former regulation will continue to regulate the carrying out of gasfitting work.
This Regulation is made under the Gas Supply Act 1996, including section 83 (the general power to make regulations) and sections 28 and 29.
| Published in Gazette No 91 of 28 May 2004, page 3225 | Page 1 |
| 2004 No 274 | |
| Clause 1 | Gas Supply (Miscellaneous Amendments) Regulation 2004 |
Gas Supply (Miscellaneous Amendments) Regulation
2004
under the
Gas Supply Act 1996
1 Name of Regulation
This Regulation is the Gas Supply (Miscellaneous Amendments)
Regulation 2004.
2 Amendment of Gas Supply (General) Regulation 1997
The Gas Supply (General) Regulation 1997 is amended as set out in
Schedule 1.
3 Amendment of Gas Supply (Natural Gas Retail Competition) Regulation 2001
The Gas Supply (Natural Gas Retail Competition) Regulation 2001 is amended as set out in Schedule 2.
2004 No 274
Gas Supply (Miscellaneous Amendments) Regulation 2004
| Amendment of Gas Supply (General) Regulation 1997 | Schedule 1 | |
| Schedule 1 | Amendment of Gas Supply (General) | |
|
[1] Clause 3 Definitions
Omit the definitions of gas marketer, Marketing Code of Conduct and review panel.
[2] Parts 4 and 5
Omit the Parts.
2004 No 274
Gas Supply (Miscellaneous Amendments) Regulation 2004
| Schedule 2 | Amendment of Gas Supply (Natural Gas Retail Competition) Regulation 2001 | |
| Schedule 2 | Amendment of Gas Supply (Natural Gas | |
|
[1] Clause 3 Definitions
Omit the definition of Director-General.
Insert instead:
Director-General means the Director-General of the
Department of Energy, Utilities and Sustainability.
[2] Clause 3
Insert in alphabetical order:
review panel means a review panel established under
section 29 of the Act.
[3] Part 1A
Insert after Part 1:
Part 1A Review of Tribunal decisions
4A Applications for review: section 28
(1)
An application to the Minister for a review of a decision or a gas pricing order of the Independent Pricing and Regulatory Tribunal:
(a) must be in writing, and (b) must state the basis of the application, and (c)
must be accompanied by a fee determined by the Minister.
(2) The Minister must give notice of the application, and of the
proposed review:
(a)
in a daily newspaper circulating throughout New South Wales, or
(b)
in such other manner as the Minister considers appropriate.
2004 No 274
Gas Supply (Miscellaneous Amendments) Regulation 2004
| Amendment of Gas Supply (Natural Gas Retail Competition) Regulation | Schedule 2 |
| 2001 |
4B Qualifications of members of review panels: section 29
(1)
A person is not to be appointed to be a member or a deputy of a member of a review panel unless, in the opinion of the Minister, the person has appropriate qualifications or experience having regard to the matter to be investigated by the panel.
(2) A person is not to be appointed to a review panel if the person:
(a)
is an employee or an associate of the holder of the authorisation with which the review panel’s investigation will be concerned, or
(b)
has a direct or indirect pecuniary interest in a matter with which the review panel’s investigation will be concerned, other than such an interest that the person has merely as a result of being a gas user.
4C Appointment of deputies of members of review panels
(1) The Minister may, from time to time, appoint a person to be
the deputy of a member of a review panel.(2) In the absence of a member, the member’s deputy:
(a) may, if available, act in the place of the member, and (b)
while so acting, has all the functions of the member and is to be taken to be a member.
(3)
The deputy of the member who is chairperson of the review panel has the functions of the chairperson while acting in the place of the chairperson.
(4)
No act, determination or proceeding of a review panel is invalid merely because at the time of the act, determination or proceeding there is a vacancy in the office of a member of the panel.
4D Allowances for members of review panels A member or deputy of a member of a review panel is entitled to be paid such allowances as the Minister may from time to time determine in respect of the member or deputy.
2004 No 274
Gas Supply (Miscellaneous Amendments) Regulation 2004
| Schedule 2 | Amendment of Gas Supply (Natural Gas Retail Competition) Regulation 2001 |
4E General procedure of review panels The procedure for:
(a)
the calling of and the conduct of business at meetings of a review panel, and
(b) the conduct of investigations by a review panel, is, subject to the Act and this Regulation, to be as determined
by the panel.
4F Quorum
The quorum for a meeting of a review panel is 2 members.
4G Presiding member
(1)
The chairperson of a review panel (or, in the absence of the chairperson, another member elected to chair the meeting by the members present) is to preside at a meeting of the panel.
(2)
The person presiding at a meeting of a review panel has a deliberative vote and, in the event of an equality of votes, a second or casting vote.
4H Voting
A decision supported by a majority of the votes cast at a meeting of a review panel at which a quorum is present is the decision of the panel.
4I Determination and payment of costs
(1)
The costs of and incidental to proceedings before a review panel are, subject to the Act and this Regulation, to be as determined by the panel.
(2) The costs may include any allowances payable to the members of the panel.
(3) The liability for the payment of the costs is to be as determined by the Minister on the recommendation of the panel.
(4)
The costs may be recovered by or on behalf of the Minister in a court of competent jurisdiction as a debt due to the Crown.
2004 No 274
Gas Supply (Miscellaneous Amendments) Regulation 2004
| Amendment of Gas Supply (Natural Gas Retail Competition) Regulation | Schedule 2 |
| 2001 |
[4] Clause 82A
Insert after clause 82:
82A Delegations
The Director-General may delegate to any person the exercise of all or any of the Director-General’s functions under this Regulation or any other regulation under the Act, other than this power of delegation.
BY AUTHORITY
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