Version No. 060
Gas Industry (Residual Provisions) Act 1994
Act No. 112/1994
Version incorporating amendments as at 28 April 2004
table of provisions
SectionPage
1
SectionPage
Part 1—Preliminary
1.Purpose
2.Commencement
3.Definitions
4–5D.Repealed14
6.Subsidiary
6A.Application of Act to certain distribution, retail and transmission companies
6B.Non-franchise customer
6C.Supply point
6D.Repealed
7.Crown to be bound
8.Extra-territorial operation
8A, 8B.Repealed21
Part 2—Statutory Gas Companies
Division 1, 2—Repealed
9–16.Repealed22
Division 2A—Victorian Energy Networks Corporation
16A–16HA.Repealed22
16I.Protection from liability
16J.Protection of persons executing directions
16K, 16L.Repealed25
Division 3—Provisions applying to statutory gas companies
17–18.Repealed26
19.Payments in respect of financial obligations
20.As to other government authorities
Division 4—Repealed28
21–31.Repealed
Parts 2A–3A—Repealed29
31A–45Z. Repealed29
Part 4—Technical Regulation
46–48.Repealed31
Parts 4A, 4B—Repealed
48A–48ZV. Repealed31
Part 5—Property and Works
49.Certain pipelines are not part of land
50–51B.Repealed
52.Rateability of property of public gas companies
53–60.Repealed
Part 6—Statutory Easements
60A.Repealed
61.Certain rights deemed to be easements
62.Repealed37
62A.Agreement for easement
62B.Statutory easement
62C.Effect of order
62D.Certain rules about easements not to apply
62E.Amendment of Register
Parts 6A, 6aa—Repealed42
62F–62LO.Repealed42
Part 6B—Competition Policy Authorisation
62M.Definitions
62N.Assignment
62O.Approval
62P.Application
62PA.Repealed52
Part 6C—Master Agreements
62Q.Definitions
62R.Assignment
62S.Approval
62T.Application
Part 7—Transfer of Property
Division 1—Preliminary
63.Definitions
Division 2—Transfer by operation of Act
64.Transfer of property of GFCV in GFE Resources Ltd
65.Transfer of certain GFCV property to GTC
66.Transfer of GFCV property to GASCOR
67.GASCOR to be successor in law of GFCV
Division 3—Direction to allocate property
68.Minister may direct transfer of property
Division 4—Transfer by allocation
69.Property transferred in accordance with direction
70.Allocation of property etc. subject to encumbrances
Division 5—General
71.Certificate of chief executive officer
72.Pipelines
73.Value of former gas corporation property
74.Substitution of party to agreement
75.Former gas corporation instruments
76.Schedule 4 documents
77.Proceedings
78.Interests in land
79.Amendment of Register
80.Taxes
81.Evidence
Division 6—Rights as between transferees
82.Interim arrangements
83.Easements
83A.Further interim arrangements
83B.Agreement about certain easements
Part 8—Staff
84.Definitions
85.Transfer of GFCV staff to GASCOR
86.Future terms and conditions of transferred employees
87.Superannuation
87A.Rights of former GASCOR staff
87B.Closure of Gas and Fuel Superannuation Fund
87C.Provisions relating to transfer of members and beneficiaries
87D.Transfer of assets
87E.General provisions
87F.Payment of benefits
Part 8A—Transfer of Staff of GASCOR or GTC
87G.Definitions
87H.Relevant date
87I.List of staff
87J.Transfer of staff
87K.Future terms and conditions of transferred employees
87L.Superannuation
Part 9—General
88.Delegation by Minister and Treasurer
88A.Directions to public gas companies
88B.Payments in respect of financial obligations
88C.Government departments and local authorities
89.Validity of things done under this Act
90.GTC may act under certain agreements and instruments
90A.Saving of contracts
91, 92.Repealed
93.Emergency powers
94.Offences by bodies corporate
95.Repealed
96.Evidence of documents
96A.Proceedings for offences
97.Evidence of ownership
98, 99.Repealed
100.Treasurer may give guarantee
101.Trade Practices Act 1974 of the Commonwealth and the Competition Code
101A.Exemption from Freedom of Information Act 1982
101B.Supreme Court—limitation of jurisdiction
102.Regulations
Part 10—Transitional
103.Annual reports of gas companies for 1994, 1995
104.Annual report of GFCV for 1994, 1995
104A.Annual reports of GASCOR transferees and GASCOR
104B.Annual reports of GTC transferees and GTC
104C.Repeal of Public Authorities (Contributions) Act 1966
105.Savings and transitional provisions
Parts 11, 12—Repealed103
106–114. Repealed
Part 13—Treasury Corporation of Victoria
115.Certain liabilities under financial obligations of GFCV
Part 13A—Transfer of Certain Property and Staff of Nominated Public Gas Companies
Division 1—Definitions and applications
115A.Definitions
115B.Nomination of transferor company
Division 2—Allocation of property
115C.PGC to prepare allocation statement
115D.Certificate of chief executive officer
Division 3—Transfer of property
115E.Property transferred
115F.Allocation of property etc. subject to encumbrances
115G.Substitution of party to agreement
115H.PGC instruments
115I.Proceedings
115J.Interests in land
115K.Amendment of Register
115L.Evidence
115M.Validity of things done under this Part
Division 4—Staff
115N.List of PGC staff
115O.Transfer of PGC staff
115P.Future terms and conditions of transferred employees
Division 5—Permits and licences under Pipelines Act 1967
115Q.Pipelines
Part 13B—Provisions Relating to Privatisation
115R.Treasurer may be party to agreement for sale
115S.Freedom of Information Act 1982
Part 14—Transfer of Certain Property of GASCOR
116.Definitions
117.Purpose of Part
118.Nomination of transferee
119.Transfer of Longford assets and Longford liabilities
120.Assets and liabilities to vest subject to encumbrances
121.Certificate of chief executive officer
122.Substitution of party to agreement
123.GASCOR instruments
124.Longford proceedings
125.Taxes
126.Evidence
127.Validity of things done under this Part
128–149. Repealed
Part 15—Repealed129
150–173. Repealed129
______
SCHEDULES
SCHEDULES 1–2—Repealed130
SCHEDULE 3—Retained Property, Rights and Liabilities of GFCV
SCHEDULE 4—Certain Property, Rights and Liabilities Transferred to GASCOR
SCHEDULE 5—Savings and Transitional Provisions
═══════════════
ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
INDEX154
1
Version No. 060
Gas Industry (Residual Provisions) Act 1994
Act No. 112/1994
Version incorporating amendments as at 28 April 2004
1
Gas Industry (Residual Provisions) Act 1994
Act No. 112/1994
The Parliament of Victoria enacts as follows:
Part 1—Preliminary
1.Purpose
The purpose of this Act is—
(a)to restructure the gas industry; and
(b)to establish Gas Transmission Corporation and GASCOR; and
(c)to provide for the technical regulation of the gas industry; and
(d)to provide for the transfer of property, rights and liabilities from the Gas and Fuel Corporation of Victoria and for the transfer of staff.
2.Commencement
(1)Part 1 and section 111 come into operation on the day on which this Act receives the Royal Assent.
(2)Subject to sub-section (3), the remaining provisions of this Act, except Part 13, come into operation on a day or days to be proclaimed.
(3)If a provision referred to in sub-section (2) does not come into operation within the period of 12months beginning on, and including, the day on which this Act receives the Royal Assent, it comes into operation on the first day after the end of that period.
(4)Part 13 comes into operation on a day to be proclaimed.
3.Definitions
s. 3
In this Act—
S. 3 def. of "ACCC" inserted by No. 91/1997
s. 4(1), repealed by No. 32/2001 s.6(a).
*****
S. 3 def. of "Access Code" inserted by No. 91/1997
s. 4(1), repealed by No. 31/1998 s.25(a)(i).
*****
S. 3 def. of "Admin-istrator" inserted by No. 36/1997 s.4(3).
"Administrator", in relation to a gas company, means the Administrator of the gas company appointed under section 17A;
S. 3 def. of "ancillary supply point" inserted by No. 91/1997 s.4(1).
"ancillary supply point" means ancillary supply point as defined in section 6C(3);
"apparatus and works" means, in relation to being associated with a pipeline—
(a)apparatus for inducing or facilitating the flow or movement of anything through the pipeline;
(b)apparatus or structure for giving protection or support to the pipeline;
(c)apparatus for transmitting information or instruction with regard to the operation of the pipeline;
(d)valves, valve chambers, manholes, inspection pits and other similar works annexed to or incorporated in the course of the pipeline;
(e)storage, loading and all ancillary facilities and installations required for the pipeline or used in connection with, or incidental to, the pipeline;
(f)prime movers for the operation of any apparatus or works mentioned in paragraph (a), (d) or (e);
S. 3 def. of "appeal tribunal" inserted by No. 39/1999 s.3, repealedby No. 32/2001 s.6(b).
*****
s. 3
S. 3 def. of "board" substituted by No. 36/1997 s.4(1), amendedby No. 2/2004 s.3(a).
"board", in relation to a gas company, means the board of directors of the gas company;
S. 3 def. of "chief executive officer" inserted by No. 36/1997 s.4(3).
"chief executive officer", in relation to a gas company of which an Administrator has been appointed, means the Administrator of the gas company;
S. 3 def. of "civil penalty provision" inserted by No. 91/1997
s. 4(1), amended by No. 31/1998 s.25(a)(ii), repealed by No. 32/2001 s.6(c).
*****
S. 3 def. of "Commiss-ion" insertedby No. 62/2001 s.81(a).
"Commission" means the Essential Services Commission established under the Essential Services Commission Act 2001;
s. 3
S. 3 def. of "conduct provision" inserted by No. 91/1997
s. 4(1), amended by No. 31/1998 s.25(a)(iii), repealed by No. 32/2001 s.6(d).
*****
"construction" includes, in relation to a pipeline, the placing or testing of the pipeline;
"customer" means a person to whom a gas company transmits, distributes or supplies gas or provides goods or services;
S. 3 def. of "director" amended by No. 36/1997 s.4(2), repealedby No. 2/2004 s.3(b).
*****
"distribute",in relation to gas, means convey gas through distribution pipelines;
S. 3 def. of "distribution pipeline" amended by No. 96/1998 s.257(3)(a), substituted by No. 32/2001 s.6(e).
"distribution pipeline" has the same meaning as it has in the Gas Industry Act 2001;
S. 3 def. of "domestic customer" repealed by No. 91/1997
s. 4(2)(a).
*****
S. 3 def. of "domestic tariff" amended by No. 36/1997 s.6(1), repealed by No. 91/1997
s. 4(2)(a).
*****
s. 3
S. 3 def. of "franchise customer" inserted by No. 91/2000 s.3.
"franchise customer" means a customer other than a non-franchise customer;
S. 3 def. of "gas" amended by No. 91/1997
s. 4(2)(b), substituted by No. 32/2001 s.6(f).
"gas" has the same meaning as it has in the Gas Industry Act 2001;
"gaseous fuel" includes petrochemical feed stock;
"GASCOR" means the body established by Division 2 of Part 2;
S. 3 def. of "gas company" substituted by No. 91/1997
s. 4(2)(c), amended by No. 40/1998 s.6(1)(a)(i)(ii).
"gas company"—
(a)except in Parts 2 and 7, means—
(i)GASCOR, VENCorp, a gas distribution company, a gas retailer or a gas transmission company; or
(ii)a company that holds all the shares in a gas distribution company, a gas retailer or a gas transmission company;
(b)in Part 2 means a statutory gas company;
s. 3
(c)in Part 7 means GASCOR or a company all the shares in which are held by GASCOR;
S. 3 def. of "gas corporation" substituted by No. 91/1997
s. 4(2)(c), amended by No. 40/1998 s.6(1)(b).
"gas corporation" means GASCOR or GFCV;
S. 3 def. of "gas distribution company" inserted by No. 91/1997
s. 4(1), substituted by No. 32/2001 s.6(g).
"gas distribution company" has the same meaning as it has in the Gas Industry Act 2001;
S. 3 def. of "gas distribution system" inserted by No. 91/1997
s. 4(1), amended by No. 39/1999 s.4(1), repealed by No. 32/2001 s.6(h).
*****
S. 3 def. of "gas fitting" repealed by No. 32/2001 s.6(h).
*****
s. 3
S. 3 def. of "gas incident" inserted by No. 36/1997 s.4(3), repealed by No. 99/1997 s.119(1).
*****
S. 3 def. of "gas producer" inserted by No. 91/1997
s. 4(1), repealed by No. 32/2001 s.6(h).
*****
S. 3 def. of "gas retailer" inserted by No. 91/1997
s. 4(1) substituted by No. 32/2001 s.6(i).
"gas retailer" has the same meaning as it has in the Gas Industry Act 2001;
S. 3 def. of "gas transmission company" inserted by No. 91/1997
s. 4(1), substituted by No. 32/2001 s.6(j).
"gas transmission company" has the same meaning as it has in the Gas Industry Act 2001;
S. 3 def. of "gas transmission system" inserted by No. 91/1997
s. 4(1), amended by No. 39/1999 s.4(2), repealed by No. 32/2001 s.6(k).
*****
s. 3
"GFCV" has the same meaning as Corporation has in the Gas and Fuel Corporation Act 1958;
"GFCV instrument" means an instrument (including a legislative instrument other than this Act and regulations under this Act and the Gas and Fuel Corporation Act 1958 and regulations under that Act) subsisting immediately before the appropriate relevant date—
(a)to which GFCV was a party; or
(b)that was given to or in favour of GFCV; or
(c)that refers to GFCV; or
(d)under which—
(i)money is, or may become, payable to or by GFCV; or
(ii)other property is to be, or may become liable to be, transferred to or by GFCV;
"GTC" means Gas Transmission Corporation established by Division 1 of Part 2;
S. 3 def. of "inspector" inserted by No. 36/1997 s.4(3), repealed by No. 99/1997 s.119(1),
new def. of "inspector" inserted by No. 39/1999 s.3, repealedby No. 32/2001 s.6(l).
*****
"instrument" includes a document and an oral agreement;
s. 3
"liabilities" means all liabilities, duties and obligations, whether actual, contingent or prospective;
S. 3 def. of "licence" inserted by No. 91/1997
s. 4(1), repealedby No. 32/2001 s.6(m).
*****
S. 3 def. of "licensee" inserted by No. 91/1997
s. 4(1), repealedby No. 32/2001 s.6(n).
*****
S. 3 def. of "market participant" inserted by No. 91/1997
s. 4(1), amended by No. 39/1999 s.4(3), repealed by No. 32/2001 s.6(o).
*****
S. 3 def. of "meter" repealed by No. 32/2001 s.6(p).
*****
s. 3
S. 3 def. of "MSO Rules" inserted by No. 91/1997
s. 4(1), amended by Nos 91/1998 s.4, 39/1999 s.4(4), repealed by No. 32/2001 s.6(q).
*****
S. 3 def. of "natural gas" inserted by No. 91/1997
s. 4(1).
"natural gas" means a substance which is in a gaseous state at standard temperature and pressure and which consists of naturally occurring hydrocarbons, or a naturally occurring mixture of hydrocarbons and non-hydrocarbons, the principal constituent of which is methane;
S. 3 def. of "non-franchise customer" inserted by No. 91/1997
s. 4(1).
"non-franchise customer", in relation to a supply of gas from a supply point, means non-franchise customer in relation to thatsupply point within the meaning of section 6B;
S. 3 def. of "Office" inserted by No. 36/1997 s.4(3), repealed by No. 99/1997 s.119(1).
*****
"operation", in relation to a pipeline, includes the maintenance, removal and alteration of the pipeline;
S. 3 def. of "ORG" inserted by No. 91/1997
s. 4(1), repealed by No. 62/2001 s.81(b).
*****
s. 3
S. 3 def. of "pipeline" substituted by No. 32/2001 s.6(r).
"pipeline" has the same meaning as it has in the Gas Industry Act 2001;
S. 3 def. of "Port Campbell facility" inserted by No. 40/1998 s.4, repealedby No. 32/2001 s.6(s).
*****
"property" means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;
S. 3 def. of "public gas company" inserted by No. 91/1997
s. 4(1).
"public gas company" means a gas company—
(a)that is a statutory authority or a company all the shares in which are held by or on behalf of the State or a statutory authority; or
(b)all the shares in which are held by a company all the shares in which are held by or on behalf of the State or a statutory authority;
S. 3 def. of "Regulator" inserted by No. 91/1997
s. 4(1) repealed by No. 32/2001 s.6(t).
*****
S. 3 def. of "regulatory provision" inserted by No. 91/1997
s. 4(1), amended by No. 31/1998 s.25(a)(iv), repealed by No. 32/2001 s.6(u).
*****
s. 3
"rights" means all rights, powers, privileges and immunities, whether actual, contingent or prospective;
S. 3 def. of "service provider" inserted by No. 91/1997
s. 4(1), repealed by No. 32/2001 s.6(v).
*****
S. 3 def. of "significant producer" inserted by No. 40/1998
s. 4, repealedby No. 32/2001 s.6(w).
*****
S. 3 def. of "statutory gas company" inserted by No. 91/1997
s. 4(1), amended by Nos 40/1998 s.6(1)(c), 32/2001 s.6(x).
"statutory gas company" means GASCOR;
S. 3 def. of "supply point" inserted by No. 91/1997
s. 4(1).
"supply point" means supply point within the meaning of section 6C;
S. 3 def. of "transmission pipeline" amended by Nos 91/1997
s. 4(2)(d)(e), 96/1998 s.257(3)(b), substituted by No. 32/2001 s.6(y).
"transmission pipeline" has the same meaning as it has in the Gas Industry Act 2001;
s. 3
"transmit" means convey gas through a transmission pipeline;
S. 3 def. of "underground storage facility" inserted by No. 40/1998
s. 4, repealedby No. 32/2001 s.6(z).
*****
S. 3 def. of "VENCorp" inserted by No. 91/1997
s. 4(1), amended by No. 32/2001 s.6(za).
"VENCorp" means the Victorian Energy Networks Corporation continued under Part8 of the Gas Industry Act 2001;
S. 3 def. of "Victorian gas market" inserted by No. 40/1998
s. 4, repealedby No. 32/2001 s.6(zb).
*****
S. 4
amended by No. 91/1997
s. 4(3), repealed by No. 32/2001 s.7(1).
*****
S. 5
amended by Nos. 91/1997
s. 4(4) (ILA
s. 39B(1)), 39/1999 ss4(5)–(7), 5, repealedby No. 32/2001 s.7(1).
*****
s. 3
S. 5A
inserted by No. 91/1997
s. 5, repealedby No. 32/2001 s.7(1).
*****
S. 5B
inserted by No. 91/1997
s. 5, amendedby Nos91/1998 s.5, 39/1999 s.6, repealedby No. 32/2001 s.7(1).
*****
S. 5C
inserted by No. 40/1998
s. 5, amendedby 91/1998 s.6, repealedby No. 32/2001 s.7(1).
*****
S. 5D
inserted by No. 40/1998
s. 5, repealedby No. 32/2001 s.7(1).
*****
S. 6
amended by Nos 91/1997
s. 6(a)(b), 44/2001 s.3(Sch. item56.1).
6.Subsidiary
s. 6
For the purposes of this Act, the question whether a body corporate is a subsidiary of a statutory gas company shall be determined in the same manner as the question would be determined under the Corporations Act if the statutory gas company and the body corporate were corporations within the meaning of that Act.
S. 6A
inserted by No. 91/1997
s. 7, amendedby No. 32/2001 s.7(2).
6A.Application of Act to certain distribution, retail and transmission companies
The Governor in Council, by Order published in the Government Gazette, may declare that a reference in section 93 or Part 5 or 6 to a gas company does not include a reference to a specified gas distribution company, gas retailer or gas transmission company.
S. 6B
inserted by No. 91/1997
s. 7.
6B.Non-franchise customer
(1)For the purposes of this Act, a person is a non-franchise customer in relation to a supply of gas from a supply point—
(a)if the gas is supplied from a supply point installed on or after 1 December 1997, other than a supply point installed within one kilometre of a distribution pipeline that was in operation on 1 July 1997;
(b)if the gas is supplied from a supply point on or after 1 September 1998 and before 1September 1999 and—
(i)the person had purchased not less than 500 000 GJ of gas from that supply point, or an ancillary supply point, during the 12 months immediately preceding 1 September 1998 or the commencement of the supply, whichever is the later; or
S. 6B(1)(b)(ii) amended by No. 62/2001 s.81(c).
(ii)the supply point is new and the Commission is satisfied on reasonable grounds that the person will purchase not less than 500000 GJ of gas from that supply point within a period of 12months during the 3 years next following 1September 1998 or the commencement of the supply, whichever is the later;
s. 6B
(c)if the gas is supplied from a supply point on or after 1 September 1999 and before 1September 2000 and—
(i)the person had purchased not less than 100 000 GJ of gas from that supply point, or an ancillary supply point, during the period of 12 months immediately preceding 1 September 1999 or the commencement of the supply, whichever is the later; or
S. 6B(1)(c)(ii) amended by Nos 58/1999 s.3, 62/2001 s.81(c).
(ii)the supply point is new and the Commission is satisfied on reasonable grounds that the person will purchase not less than 100000 GJ of gas from that supply point within a period of 12months during the 3 years next following 1September 1999 or the commencement of the supply, whichever is the later; or
S. 6B(1)(c)(iii) inserted by No. 58/1999 s.3.
(iii)the person had purchased not less than 100000 GJ of gas from that supply point, or an ancillary supply point, during the period of 12 months immediately preceding 1 March 2000 or the commencement of the supply, whichever is the later; or
S. 6B(1)(c)(iv) inserted by No. 58/1999 s.3, amendedby No. 62/2001 s.81(c).
(iv)the supply point is new and the Commission is satisfied on reasonable grounds that the person will purchase not less than 100000 GJ of gas from that supply point within a period of 12months during the 3 years next following 1March 2000 or the commencement of the supply, whichever is the later;
S. 6B(1)(ca) inserted by No. 39/1999 s.7.
s. 6B
(ca)if the gas is supplied from a supply point from which gas was supplied to Generation Victoria on 1 January 1999;
(d)if the gas is supplied from a supply point on or after 1 September 2000 and before 1September 2001 and—
S. 6B(1)(d)(i) amended by No. 91/2000 s.4(1).
(i)the person had purchased not less than 10 000 GJ (or such lesser amount as is specified by Order under sub-section (4A)) of gas from that supply point, or an ancillary supply point, during the period of 12 months immediately preceding 1 September 2000 or the commencement of the supply, whichever is the later; or
S. 6B(1)(d)(ii) amended by Nos 91/2000 s.4(1), 62/2001 s.81(c).
(ii)the supply point is new and the Commission is satisfied on reasonable grounds that the person will purchase not less than 10000 GJ (or such lesser amount as is specified by Order under sub-section (4A)) of gas from that supply point within a period of 12months during the 3 years next following 1 September 2000 or the commencement of the supply, whichever is the later;
(e)if the gas is supplied from a supply point on or after 1 September 2001.
(2)A person who, by reason of sub-section (1), becomes a non-franchise customer in relation to a supply of gas from a supply point, or an ancillary supply point, continues to be a non-franchise customer in respect of the supply of gas from that supply point or ancillary supply point.
s. 6B
(3)Despite sub-section (1)(a), a customer of a gas retailer who holds a new areas licence to sell gas in a particular area is not a non-franchise customer in relation to a supply point in that area during the term of that licence, unless sub-section (1)(b), (c), (d) or (e) applies to the customer.
S. 6B(4) amended by No. 62/2001 s.81(c).
(4)For the purpose of sub-section (1)(a), a supply point is deemed to be installed within one kilometre of a distribution pipeline if the Commission certifies in writing that it is so installed.
S. 6B(4A) inserted by No. 91/2000 s.4(2).
(4A)The Governor in Council may, by Order published in the Government Gazette, specify an amount of gas that is less than 10 000 GJ and equal to or more than 5000 GJ for the purposes of sub-section(1)(d)(i) and (ii).
(5)In this section—
"new areas licence" means a licence to sell natural gas by retail in an area in which natural gas was not generally available for purchase by retail before the issue of the licence and which is expressed to be a new areas licence.
S. 6C
inserted by No. 91/1997
s. 7.
6C.Supply point
s. 6C
(1)In this Act, "supply point", in relation to the supply of gas to a customer means—
(a)unless paragraph (b) applies, the point where the gas leaves the gas company's system before being supplied to the customer, whether or not it passes through facilities owned or operated by another person after that point and before being so supplied;
S. 6C(1)(b) amended by No. 62/2001 s.81(d)(ii).
(b)in relation to a supply of gas to which an arrangement referred to in sub-section (2) applies, the points of supply that the Commission agrees are to be treated as a single supply point.