Version No. 045
Gas Industry Act 1994
Act No. 112/1994
Version incorporating amendments as at 15 July 2001
table of provisions
SectionPage
1
SectionPage
Part 1—Preliminary
1.Purpose
2.Commencement
3.Definitions
4.Declaration of gaseous fuel
5.Declaration of pipeline to be, or not to be, a transmission
pipeline
5A.Declaration of gas companies
5B.Nomination of market participants
5C.Substantial degree of power
5D.Sale of gas under MSO Rules
6.Subsidiary
6A.Application of Act to certain distribution, retail and
transmission companies
6B.Non-franchise customer
6C.Supply point
6D.Conferral of functions on ACCC
7.Crown to be bound
8.Extra-territorial operation
8A.Application of Office of the Regulator-General Act 1994
8B.Objectives of ORG
Part 2—Statutory Gas Companies
Division 1—Repealed
9–12. Repealed
Division 2—GASCOR
13.Establishment of GASCOR
14.GASCOR not to represent the Crown
15.Functions and powers
16.GASCOR may trade as Gas and Fuel
Division 2A—Victorian Energy Networks Corporation
16A.Establishment
16B.VENCorp not to represent the Crown
16C.Functions and powers relating to gas industry
16CA.Functions and powers relating to electricity
16D.General powers
16E.Board of Directors
16F.Directors
16G.Appointment of directors
16H.VENCorp may give directions
16HA.Power of Minister
16I.Protection from liability
16J.Protection of persons executing directions
16K.Continuing offences
16L.Review of this Part
Division 3—Provisions applying to statutory gas companies
17.Schedule 1
17A.Appointment of Administrators
17B.Vacancy etc. in office of Administrator
17C.Deputy Administrator
17D.Resignation and removal
17E.Functions and powers of Deputy
17F.Staff of Administrator
17G.Functions and powers of Administrator
17H.Delegation
17I.Directions
18.Borrowing and investment by gas companies
19.Payments in respect of financial obligations
20.As to other government authorities
Division 4—General
21.Duties of directors
22.Gas company or Minister may bring proceedings
23.Directions
24.Gas company not to make loans to directors
25.Indemnity
26.Corporate plan
27.Statement of corporate intent: contents
28.Non-commercial functions
29.Dividends
30.Reports to Treasurer
31.Annual report
Part 2A—Inspection
Division 1—Appointment of inspectors
31A.Inspectors
Division 2—Powers of entry—enforcement
31B.Powers of entry—enforcement
31C.Occupier to be given copy of consent
31D.Search warrant
31E.Announcement before entry
31F.Copy of warrant to be given to occupier
Division 3—General
31G.Offence to obstruct inspector
31H.Police to assist inspectors
31I.Impersonation of inspector
Part 3—Transmission and Distribution of Gas
32.Gas retailer not liable for failure to supply gas
33.Exemption from liability to transmit or convey gas
Part 3A—Significant Producers
Division 1—Preliminary
34.Conduct
35.References to purpose
36.Subsidiary, holding and related bodies corporate
37.Joint ventures
38.Provisions of this Part are in addition to other anti-competitive laws
39.Persons involved in contravention of competition rule
Division 2—Anti-competitive conduct
40.Anti-competitive conduct
41.Prohibition of anti-competitive conduct
Division 3—Authorisation
42.ORG may grant authorisation
43.Variation or revocation of authorisation
44.Appeal
Division 4—Competition notices
45.Competition notices
45A.Legal proceedings excluded
45B.Competition notice to be given to significant producer
45C.Evidentiary effect of competition notice
45D.Notice of orders
45E.Making of orders
45F.Extension of time limits
45G.Mandatory orders
45H.Penalty orders
45I.Reasons for orders
45J.Enforcement of orders of ORG
Division 5—Appeal Tribunal
45K.Application for review of order
45L.Appeal tribunal
45M.Procedure
45MA.Questions of law or procedure
45N.Material which appeal tribunal may consider
45O.Decision of appeal tribunal
45OA.Decision if members not unanimous
45OB.Disclosure of interests
45OC.Member of appeal tribunal becomes unavailable
45P.ORG may make consequential orders
45Q.Appeal to Supreme Court
45R.Operation of order that is subject to review
Division 6—Injunctions etc.
45S.Injunctions
45T.Actions for damages for contravention of competition rule
45U.Declaratory relief
Division 7—Access to information
45V.Power to obtain information and documents
45W.Restriction on disclosure of confidential information
45X.Application against disclosure notice
Division 8—Review of Part
45Y.Review of operation of this Part
Division 9—Legal proceedings excluded
45Z.No proceedings
Part 4—Technical Regulation
46–48.Repealed87
Part 4A—Regulation of Gas Industry
Division 1—Regulation of tariffs and charges
48A.Tariffs and charges Orders
48AA.Regulation of tariffs for prescribed customers
Division 2—Licensing of gas distribution companies, gas retailers and providers of underground storage facilities
48B.Offence to distribute or retail gas without licence
48BA.Offence to operate underground storage facility without licence
48C.Exemptions
48D.Application for licence
48E.Determination of application
48F.Provisions relating to licences
48FA.Customer dispute resolution
48G.Conditions in licence
48GA.Reliability of retail supply
48GB.Repealed
48GC.Condition restricting sale to certain customers
48H.Variation or revocation of licence
48I.Gazettal requirement
48J.Appointment of administrator
48K.Transfer of licence
48L.Transitional provisions
48M.Obligations of gas retailer
Division 2A—Terms and Conditions of Sale and Supply of Gas
48MA.Offer to domestic or small business customers
48MB.Terms and conditions of contracts for sale of gas to certain customers
48MC.Deemed contracts with former franchise customers
48MD.Variation of contracts with former franchise customers
48ME.Deemed contracts for supply and sale for certain domestic
or small business customers
48MF.Deemed contracts for supply and sale for certain relevant customers
Division 2B—Facilitation of retail competition
48MG.What are retail gas market rules?
48MH.Principles for retail gas market rules
48MI.Retail gas market rules—VENcorp
48MJ.Retail gas market rules—gas distribution company
48MK.Conditions of licence relating to retail gas market
48ML.Approval of rules by ORG
48MM.Operation of approved rules
48MN.Amendments to approved rules
48MO.Cost recovery
Division 3—Market and System Operation Rules
48N.MSO Rules
48O.Proceedings
48P.Criminal proceedings do not lie
48Q.Civil penalty
48R.Injunctions
48S.Actions for damages for contravention of conduct provision
48T.Declaratory relief
Division 3A—Community Services Agreements
48TAA.Community services
48TAB.Transitional provision relating to community services
48TAC.ORG may determine certain matters
Division 4—General
48TA.Information to be provided to VENCorp
48TB.Restriction on disclosure of confidential information
Part 4B—Repealed131
48U–48ZV. Repealed131
Part 5—Property and Works
49.Certain pipelines are not part of land
50.Agreement for operation of pipelines
51.Power of gas transmission company or gas distribution
company to acquire land
51A.Power to acquire easements
51B.Application of other laws in relation to land vested in a gas company
52.Rateability of property of public gas companies or VENCorp
53.Powers as to works etc.
54.Power to open and break up roads etc.
55.Obstructing construction or operation of pipelines
56.Tampering with pipelines
57.Obstruction of gas company
58.Offences relating to transmission pipelines
59.Offences relating to gas supply
60.Offence to retain or use a gas company's property without permission
Part 6—Statutory Easements
60A.Making of easements in sub-divisions
61.Certain rights deemed to be easements
62.Easements over lands held by Crown licensees or lessees
62A.Agreement for easement
62B.Statutory easement
62C.Effect of order
62D.Certain rules about easements not to apply
62E.Amendment of Register
Part 6A—Gas Supply Emergency Provisions
62F.Proclamation that Part applies
62G.Powers of Minister
62H.Compliance with directions etc. of Minister
62HA.Offence to obstruct a person carrying out a direction
62I.Delegation of powers and functions by Minister
62J.Offences
62JA.Offences by bodies corporate
62JB.Offences by partnerships or unincorporated associations
62K.Judicial notice
62L.Immunity from suit
62LA.Powers of entry—enforcement
62LB.Occupier to be given copy of consent
62LC.Search warrant
62LD.Announcement before entry
62LE.Copy of warrant to be given to occupier
Part 6AA—Infringement Notices
62LF.Definition
62LG.Power to serve a notice
62LH.Form of notice
62LI.Infringement penalties
62LJ.Late payment of penalty
62LK.Withdrawal of notice
62LL.Payment expiates offence
62LM.Payment not to have certain consequences
62LN.Prosecution after service of infringement notice
62LO.Enforcement of infringement penalty
Part 6B—Competition Policy Authorisation
62M.Definitions
62N.Assignment
62O.Approval
62P.Application
62PA.Authorisation
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.Identification cards
92.Power of entry
93.Emergency powers
94.Offences by bodies corporate
95.Service of documents on statutory gas company
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.Repealed
PartS 11, 12—Repealed234
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—Repealed251
116–149.Repealed251
Part 15—Prohibited Interests
Division 1—Preliminary
150.Definitions
151.Relevant interest in, and entitlement to, shares
152.Corporations Law
153.Unit trusts
154.Stock
155.Controlling interest
156.Substantial interest
157.Application of Part to partnerships
158.Certain shareholders agreements to be disregarded
159.Certain "see-through" interests to be disregarded
160.Effect of certificate under section 158 or 159
161.Application and construction of Part
Division 2—Prohibited interests
162.Prohibited interests
163.Other provisions relating to prohibited interests
164.Temporary exemption from prohibition
165.Power to require information relating to interests
166.Disposal of interest
167.Voting rights in respect of certain shares
168.Revocation of licence
169.Annulment of certain resolutions
170.Making, review and revocation of determination by ORG
171.Appeal against determination of ORG
172.Sale of forfeited shares
173.Service
______
SCHEDULES
SCHEDULE 1—Provisions applying to gas companies
SCHEDULE 1A—Easements for use of gas company
SCHEDULE 2—Repealed
SCHEDULE 3—Retained property, rights and liabilities ofGFCV
SCHEDULE 4—Certain property, rights and liabilities transferred to GASCOR
SCHEDULE 5—Repealed294
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 045
Gas Industry Act 1994
Act No. 112/1994
Version incorporating amendments as at 15 July 2001
1
Gas Industry 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).
"ACCC" means the Australian Competition and Consumer Commission established by section6A of the Trade Practices Act 1974 of the Commonwealth and includes a member of the Commission or a Division of the Commission performing functions of the Commission;
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.
"appeal tribunal" means the appeal tribunal referred to in section 45L;
S. 3 def. of "board" substituted by No. 36/1997 s.4(1).
"board", in relation to a gas company, means the board of directors of the gas company or, if an Administrator of the gas company has been appointed under section 17A, the Administrator;
s. 3
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).
"civil penalty provision" means—
(a)in Part 4A, a provision of the MSO Rules that is prescribed as a civil penalty provision for the purposes of Division 3 of Part 4A;
*****
S. 3 def. of "conduct provision" inserted by No. 91/1997
s. 4(1), amended by No. 31/1998 s.25(a)(iii).
"conduct provision" means—
(a)in Part 4A, a provision of the MSO Rules that, under the MSO Rules, is a conduct provision for the purposes of Division 3 of Part 4A;
*****
"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
S. 3 def. of "director" amended by No. 36/1997 s.4(2).
"director", in relation to a gas company, other than a gas company of which an Administrator has been appointed means director of the gas company;
"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).
"distribution pipeline" means a pipeline for the conveyance of gas but does not include—
(a)a transmission pipeline;
(b)a gathering line within the meaning of the Petroleum Act 1998;
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 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).
"gas" means any gaseous fuel but does not include any gaseous fuel that is declared under section 4 not to be gas for the purposes of this Act or any provision of this Act;
s. 3
"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;
(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).
"gas distribution company" means a person declared under section 5A to be a gas distribution company for the purposes of this Act who—
(a)holds a licence to provide services by means of a distribution pipeline; or
s. 3
(b)is exempt from a requirement to hold such a licence because of an Order under section 48C;
S. 3 def. of "gas distribution system" inserted by No. 91/1997
s. 4(1), amended by No. 39/1999 s.4(1).
"gas distribution system" means—
(a)the system of distribution pipelines operated by GASCOR immediately before the commencement of section 11 of the Gas Industry (Further Amendment) Act 1997, other than any part of that system to which an Order under section 5(4) applies; and
(b)any distribution pipeline or system of distribution pipelines that, under section5(2), is an approved connection; and
(c)any distribution pipeline or system of distribution pipelines that, under section 5(2A), is an approved adjunct;
"gas fitting" includes meter, pipeline, burner, fitting, appliance and apparatus used in connection with the consumption of gas;
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).
"gas producer" means a person who carries on a business of producing natural gas;
S. 3 def. of "gas retailer" inserted by No. 91/1997
s. 4(1).
"gas retailer" means a person declared under section 5A to be a gas retailer for the purposes of this Act who—
(a)holds a licence to sell gas; or
(b)is exempt from a requirement to hold such a licence because of an Order under section 48C;
s. 3
S. 3 def. of "gas transmission company" inserted by No. 91/1997
s. 4(1).
"gas transmission company" means VENCorp or any other person who owns, operates or provides a service by means of a transmission pipeline, being a person declared under section 5A to be a gas transmission company for the purposes of this Act;
S. 3 def. of "gas transmission system" inserted by No. 91/1997
s. 4(1), amended by No. 39/1999 s.4(2).
"gas transmission system" means—
(a)the system of transmission pipelines operated by GTC immediately before the commencement of section 11 of the Gas Industry (Further Amendment) Act 1997, other than any part of that system to which an Order under section5(4) applies; and
(b)any transmission pipeline or system of transmission pipelines that, under section 5(3), is an approved connection; and
(c)any transmission pipeline or system of transmission pipelines that, under section 5(3A), is an approved adjunct;