Utilities (Gas Restrictions) Regulation 2005 (ACT)

Utilities (Gas Restrictions) Regulation 2005   

SL2005-8

made under the

Utilities Act 2000

Republication No 5

Effective:  14 October 2015

Republication date: 14 October 2015

Last amendment made by A2015‑33

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Utilities (Gas Restrictions) Regulation 2005, made under the Utilities Act 2000 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 14 October 2015.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 14 October 2015. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $150 for an individual and $750 for a corporation (see Legislation Act 2001, s 133).

Utilities (Gas Restrictions) Regulation 2005

made under the

Utilities Act 2000

Contents

Page

Part 1      Preliminary

1            Name of regulation  2

3            Dictionary  2

4            Notes  2

5Offences against regulation—application of Criminal Code etc 3

Part 2      Gas restriction scheme

6            Approved gas restriction scheme  4

7           Scope of gas restriction scheme  4

8            Public inspection of scheme documents  5

9            Declaration of gas restriction scheme  5

10          Utility may impose gas restriction measures  6

11          Reports on gas restrictions  6

12          State of emergency  7

Part 3      Enforcement

13          Meaning of gas restriction for pt 3  8

14          Contravening gas restrictions  8

15          Directions by authorised people  8

16          Contravening directions of authorised person  9

17          Ending unauthorised use of gas  9

18          Damage etc to be minimised  11

19          Immunity from liability  11

Dictionary12

Endnotes

1            About the endnotes  13

2            Abbreviation key  13

3            Legislation history  14

4            Amendment history  15

5            Earlier republications  16

Utilities (Gas Restrictions) Regulation 2005

made under the

Utilities Act 2000

Part 1Preliminary

1. Name of regulation

   This regulation is the Utilities (Gas Restrictions) Regulation 2005.

2. Dictionary

   The dictionary at the end of this regulation is part of this regulation.

   Note 1The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere.

   For example, the signpost definition ‘emergency controller—see the Emergencies Act 2004, dictionary’ means that the term ‘emergency controller’ is defined in that dictionary and the definition applies to this regulation.

   Note 2A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

3. Notes

   A note included in this regulation is explanatory and is not part of this regulation.

   NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

4. Offences against regulation—application of Criminal Code etc

   Other legislation applies in relation to offences against this regulation.

   Note 1Criminal Code

   The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1).

   The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

   Note 2Penalty units

   The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2Gas restriction scheme

1. Approved gas restriction scheme

   (1)The Minister may approve a scheme to restrict the use of gas (the approved gas restriction scheme) if satisfied that the scheme is necessary, if there is a shortage of gas, to—

   (a)facilitate, as far as practicable, the provision of efficient, reliable and sustainable gas services by utilities to consumers; or

   (b)protect the interests of consumers; or

   (c)manage the safety and security of the gas network and the supply of gas to the network; or

   (d)protect public safety.

   (2)The approved scheme is a disallowable instrument.

   NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

2. Scope of gas restriction scheme

   (1)The Minister may approve a gas restriction scheme under section 6 only if the scheme provides for a range of restriction measures that may be imposed under the scheme.

   (2)An approved gas restriction scheme may include provision for a utility to exempt a consumer from a gas restriction if the restriction would cause the consumer serious detriment.

3. Public inspection of scheme documents

   (1)The director‑general must name a place where copies of a document or documents setting out the approved gas restriction scheme may be inspected.

   (2)An instrument under subsection (1) is a notifiable instrument.

   NoteA notifiable instrument must be notified under the Legislation Act.

4. Declaration of gas restriction scheme

   (1)The Minister may declare that an approved gas restriction scheme is in force.

   (2)The declaration must state—

   (a)the restriction measures, including their duration or maximum duration, that may be imposed under the scheme; and

   (b)that a utility may, under section 10, impose those restriction measures; and

   (c)the period (not longer than 3 months) the declaration is in force.

   (3)To remove any doubt, the Minister may make more than 1 declaration in relation to an approved gas restriction scheme.

   (4)A declaration is a notifiable instrument.

   Note 1A notifiable instrument must be notified under the Legislation Act.

   Note 2The power to make a declaration includes the power to repeal the declaration (see Legislation Act, s 46).

5. Utility may impose gas restriction measures

   (1)A utility may, in writing, impose gas restriction measures under a gas restriction scheme in force under section 9.

   NoteA power given under an Act to make a statutory instrument includes the power to amend or repeal the instrument (see Legislation Act, s 46).

   (2)The imposition must be in accordance with the approved gas restriction scheme.

   (3)As soon as possible after imposing gas restriction measures, the utility must—

   (a)ensure that notice of the imposition is broadcast in the ACT by television or radio; and

   (b)give notice of the imposition on the utility’s internet website; and

   (c)give public notice of the imposition.

   NotePublic notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1).

   (4)To remove any doubt, the utility may impose gas restriction measures more than once under a gas restriction scheme in force under section 9.

   (5)A failure to comply with subsection (3) does not affect the validity of the imposition.

6. Reports on gas restrictions

   (1)The director‑general may require a utility to give the director‑general reports about the effectiveness and operation of restrictions imposed by the utility under an approved gas restriction scheme.

   (2)The requirement may include requirements about the content, frequency and timing of reports.

   (3)A utility must comply with the requirement.

7. State of emergency

   Restrictions imposed under this regulation have effect subject to the exercise of a function by an emergency controller under the Emergencies Act 2004.

Part 3Enforcement

1. Meaning of gas restriction for pt 3

   In this part:

   gas restriction means a gas restriction measure imposed under section 9 (Declaration of gas restriction scheme).

2. Contravening gas restrictions

   (1)A person commits an offence if—

   (a)the person is the occupier of premises; and

   (b)gas is used on the premises in contravention of a gas restriction; and

   (c)the gas restriction has been notified under section 10 (Utility may impose gas restriction measures).

   Maximum penalty:  10 penalty units.

   (2)An offence against this section is a strict liability offence.

   (3)It is a defence to a prosecution for an offence against this section if the defendant proves that the defendant did not know the gas restriction had been imposed.

3. Directions by authorised people

   (1)This section applies if an authorised person believes, on reasonable grounds, that—

   (a)gas has just been used, or is being used, on premises in contravention of a gas restriction; or

   (b)gas has been used on premises in contravention of a gas restriction and that a further contravention is likely.

   (2)The authorised person may give the occupier of the premises a written direction to take action stated in the direction to ensure that gas is used at the premises in accordance with the gas restriction.

   (3)It is sufficient if the direction is addressed to ‘the occupier’ of the premises.

   (4)The direction may state a period in which the person must comply with the direction.

   (5)The direction may also be given—

   (a)by leaving it in the letterbox at the premises; or

   (b)by leaving it, secured conspicuously, at the premises.

   NoteFor other ways in which the direction may be given, see the Legislation Act, pt 19.5.

4. Contravening directions of authorised person

   (1)A person commits an offence if—

   (a)an authorised person has given the person a direction under section 15; and

   (b)the person contravenes the direction.

   Maximum penalty: 10 penalty units.

   (2)An offence against this section is a strict liability offence.

5. Ending unauthorised use of gas

   (1)An authorised person may arrange to stop the supply of gas from the gas network to premises if the person believes, on reasonable grounds, that the occupier of the premises is contravening a direction under section 15 (Directions by authorised people).

   (2)An authorised person may also arrange to stop the supply of gas from the gas network to premises if the authorised person believes, on reasonable grounds, that—

   (a)gas is being used on the premises in contravention of a gas restriction; and

   (b)a direction under section 15 is unlikely to end the contravention because, for example—

   (i)the premises are unoccupied (whether temporarily or permanently); or

   (ii)after making reasonable inquiries, the authorised person cannot find the occupier of the premises; or

   (iii)the occupier is unlikely to comply with the direction; and

   (c)the contravention is likely to continue unless action is taken under this section.

   NoteAn example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

   (3)The authorised person must give the occupier of the premises a written notice stating that the supply of gas will be stopped.

   (4)It is sufficient if the notice is addressed to ‘the occupier’ of the premises.

   (5)The notice may also be given—

   (a)by leaving it in the letterbox at the premises; or

   (b)by leaving it, secured conspicuously, at the premises.

   NoteFor other ways in which the direction may be given, see the Legislation Act, pt 19.5.

6. Damage etc to be minimised

   (1)In the exercise, or purported exercise, of a function under this regulation, an authorised person must take all reasonable steps to ensure that the authorised person causes as little inconvenience, detriment and damage as practicable.

   (2)If an authorised person damages anything in the exercise, or purported exercise, of a function under this regulation, the authorised person must give written notice of the particulars of the damage to the person whom the authorised person believes is the owner of the thing.

   (3)It is sufficient if the notice is addressed to ‘the occupier’ of the premises where the damage happened.

   (4)The notice may also be given—

   (a)by leaving it in the letterbox at the premises where the damage happened; or

   (b)by leaving it, secured conspicuously, at those premises.

   NoteFor other ways in which the direction may be given, see the Legislation Act, pt 19.5.

7. Immunity from liability

   (1)A utility, an authorised person, or anyone acting under the direction of a utility, is not liable for anything done or omitted to be done honestly—

   (a)in the exercise of a function under this regulation; or

   (b)in the reasonable belief that the act or omission was in the exercise of a function under this regulation.

   (2)Any liability that, apart from subsection (1), would attach to a person attaches instead to the Territory.

Dictionary

(see s 3)

Note 1The Legislation Act contains definitions and other provisions relevant to this regulation.

Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

·     contravene

·     director‑general (see s 163)

·     Minister (see s 162).

Note 3Terms used in this regulation have the same meaning that they have in the Utilities Act 2000 (see Legislation Act, s 148.) For example, the following terms are defined in the Utilities Act 2000, dict:

·     authorised person

·     gas distributor

·     premises.

approved gas restriction scheme—see section 6.

emergency controller––see the Emergencies Act 2004, dictionary.

gas restriction, for part 3 (Enforcement)—see section 13.

utility means gas distributor.

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

1. Legislation history

   Utilities (Gas Restrictions) Regulation 2005 SL2005-8

   notified LR 13 April 2005
   s 1, s 2 commenced 13 April 2005 (LA s 75 (1))
   remainder commenced 14 April 2005 (s 2)

   as amended by

   Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.76

   notified LR 1 September 2009
   s 1, s 2 commenced 1 September 2009 (LA s 75 (1))

   sch 3 pt 3.76 commenced 22 September 2009 (s 2)

   Emergencies Amendment Act 2010 A2010-17 sch 1 pt 1.3

   notified LR 12 May 2010
   s 1, s 2 commenced 12 May 2010 (LA s 75 (1))
   sch 1 pt 1.3 commenced 20 August 2010 (s 2 and CN2010-8)

   Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.165

   notified LR 30 June 2011
   s 1, s 2 commenced 30 June 2011 (LA s 75 (1))

   sch 1 pt 1.165 commenced 1 July 2011 (s 2 (1))

   Red Tape Reduction Legislation Amendment Act 2015 A2015-33 sch 1 pt 1.70

   notified LR 30 September 2015
   s 1, s 2 commenced 30 September 2015 (LA s 75 (1))
   sch 1 pt 1.70 commenced 14 October 2015 (s 2)

2. Amendment history

   Commencement

   s 2om LA s 89 (4)

   Dictionary

   s 3am A2010‑17 amdt 1.9

   Approved gas restriction scheme

   s 6am A2009‑20 amdt 3.220

   Public inspection of scheme documents

   s 8am A2009‑20 amdt 3.220; A2011‑22 amdt 1.459

   Declaration of gas restriction scheme

   s 9am A2009‑20 amdt 3.220

   Utility may impose gas restriction measures

   s 10am A2009‑20 amdt 3.218; A2015‑33 amdt 1.245

   Reports on gas restrictions

   s 11am A2011‑22 amdt 1.460

   State of emergency

   s 12am A2010‑17 amdt 1.10

   Contravening gas restrictions

   s 14am A2015‑33 amdt 1.246

   Dictionary

   dictam A2009‑20 amdt 3.219; A2010‑17 amdt 1.11; A2011‑22 amdt 1.461, amdt 1.462; A2015‑33 amdt 1.247

   def emergency controller ins A2010‑17 amdt 1.12

   def territory controller om A2010‑17 amdt 1.13

3. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 14 Apr 2005	14 Apr 2005– 21 Sept 2009	not amended	new regulation
R2 22 Sept 2009	22 Sept 2009– 19 Aug 2010	A2009‑20	amendments by A2009‑20
R3 20 Aug 2010	20 Aug 2010– 30 June 2011	A2010‑17	amendments by A2010‑17
R4 1 July 2011	1 July 2011– 13 Oct 2015	A2011‑22	amendments by A2011‑22