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Repealed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Division 1, 2—Repealed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Repealed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Parts 4A, 4B—Repealed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Repealed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Repealed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Repealed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.