{"id":"gas-industry-residual-provisions-act-1994","name":"Gas Industry (Residual Provisions) Act 1994","slug":"gas-industry-residual-provisions-act-1994","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174629,"registerId":"vic-gas-industry-residual-provisions-act-1994-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Sch 4","sectionType":"schedule","heading":"Certain property, rights and liabilities transferred to GASCOR 88","content":"Schedule 4—Certain property, rights and liabilities transferred to GASCOR 88\n\n","sortOrder":0},{"sectionNumber":"Sch 5","sectionType":"schedule","heading":"Savings and transitional provisions 90","content":"Schedule 5—Savings and transitional provisions 90\n\nEndnotes 100\n\n1 General information 100\n\n2 Table of Amendments 102\n\n3 Explanatory details 107\n\n**Version No.** **071**\n\n**Gas Industry (Residual Provisions) Act 1994**\n\n**No. 112 of 1994**\n\nVersion incorporating amendments as at  \n\n**The Parliament of Victoria enacts as follows:**\n\n","sortOrder":1},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n\n","sortOrder":2},{"sectionNumber":"1","sectionType":"section","heading":"Purpose","content":"\t1 Purpose\n\nThe purpose of this Act is—\n\n(a) to restructure the gas industry; and\n\n(b) to establish Gas Transmission Corporation and GASCOR; and\n\n(c) to provide for the technical regulation of the gas industry; and\n\n(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.\n\n","sortOrder":3},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"\t2 Commencement\n\n(1) Part 1 and section 111 come into operation on the day on which this Act receives the Royal Assent.\n\n(2) Subject to subsection (3), the remaining provisions of this Act, except Part 13, come into operation on a day or days to be proclaimed.\n\n(3) If a provision referred to in subsection (2) does not come into operation within the period of 12 months 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.\n\n(4) Part 13 comes into operation on a day to be proclaimed.\n\n","sortOrder":4},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"\t3 Definitions\n\nIn this Act—\n\nS. 3 def. of *ACCC* inserted by No. 91/1997  \ns. 4(1), repealed by No. 32/2001 s. 6(a).\n\nS. 3 def. of *Access Code* inserted by No. 91/1997  \ns. 4(1), repealed by No. 31/1998 s. 25(a)(i).\n\nS. 3 def. of *Administrator* inserted by No. 36/1997 s. 4(3).\n\n***Administrator***, in relation to a gas company, means the Administrator of the gas company appointed under section 17A;\n\nS. 3 def. of *ancillary supply point* inserted by No. 91/1997 s. 4(1).\n\n***ancillary supply point*** means ancillary supply point as defined in section 6C(3);\n\nS. 3 def. of *apparatus and works* repealed by No. 73/2005 s. 4(Sch. 2 item 3.1).\n\nS. 3 def. of *appeal tribunal* inserted by No. 39/1999 s. 3, repealed by No. 32/2001 s. 6(b).\n\nS. 3 def. of *board* substituted by No. 36/1997 s. 4(1), amended by No. 2/2004 s. 3(a), repealed by No. 73/2005 s. 4(Sch. 2 item 3.1).\n\nS. 3 def. of *chief executive officer* inserted by No. 36/1997 s. 4(3).\n\n***chief executive officer***, in relation to a gas company of which an Administrator has been appointed, means the Administrator of the gas company;\n\nS. 3 def. of *civil penalty provision* inserted by No. 91/1997  \ns. 4(1), amended by No. 31/1998 s. 25(a)(ii), repealed by No. 32/2001 s. 6(c).\n\nS. 3 def. of *Commission* inserted by No. 62/2001 s. 81(a).\n\n***Commission*** means the Essential Services Commission established under the **Essential Services Commission Act 2001**;\n\nS. 3 def. of *conduct provision* inserted by No. 91/1997  \ns. 4(1), amended by No. 31/1998 s. 25(a)(iii), repealed by No. 32/2001 s. 6(d).\n\n***construction*** includes, in relation to a pipeline, the placing or testing of the pipeline;\n\n***customer*** means a person to whom a gas company transmits, distributes or supplies gas or provides goods or services;\n\nS. 3 def. of *director* amended by No. 36/1997 s. 4(2), repealed by No. 2/2004 s. 3(b).\n\n***distribute***,  in relation to gas, means convey gas through distribution pipelines;\n\nS. 3 def. of *distribution pipeline* amended by No. 96/1998 s. 257(3)(a), substituted by No. 32/2001 s. 6(e).\n\n***distribution pipeline*** has the same meaning as it has in the **Gas Industry Act 2001**;\n\nS. 3 def. of *domestic customer* repealed by No. 91/1997  \ns. 4(2)(a).\n\nS. 3 def. of *domestic tariff* amended by No. 36/1997 s. 6(1), repealed by No. 91/1997  \ns. 4(2)(a).\n\nS. 3 def. of *franchise customer* inserted by No. 91/2000 s. 3.\n\n***franchise customer*** means a customer other than a non-franchise customer;\n\nS. 3 def. of *gas* amended by No. 91/1997  \ns. 4(2)(b), substituted by No. 32/2001 s. 6(f).\n\n***gas*** has the same meaning as it has in the **Gas Industry Act 2001**;\n\nS. 3 def. of *gaseous fuel* repealed by No. 73/2005 s. 4(Sch. 2 item 3.1).\n\n***GASCOR*** means the body established by Division 2 of Part 2;\n\nS. 3 def. of *gas company* substituted by No. 91/1997  \ns. 4(2)(c), amended by No. 40/1998 s. 6(1)(a)(i)(ii).\n\n***gas company***—\n\n(a) except in Parts 2 and 7, means—\n\n(i) GASCOR, VENCorp, a gas distribution company, a gas retailer or a gas transmission company; or\n\n(ii) a company that holds all the shares in a gas distribution company, a gas retailer or a gas transmission company;\n\n(b) in Part 2 means a statutory gas company;\n\n(c) in Part 7 means GASCOR or a company all the shares in which are held by GASCOR;\n\nS. 3 def. of *gas corporation* substituted by No. 91/1997  \ns. 4(2)(c), amended by No. 40/1998 s. 6(1)(b).\n\n***gas corporation*** means GASCOR or GFCV;\n\nS. 3 def. of *gas distribution company* inserted by No. 91/1997  \ns. 4(1), substituted by No. 32/2001 s. 6(g).\n\n***gas distribution company*** has the same meaning as it has in the **Gas Industry Act 2001**;\n\nS. 3 def. of *gas distribution system* inserted by No. 91/1997  \ns. 4(1), amended by No. 39/1999 s. 4(1), repealed by No. 32/2001 s. 6(h).\n\nS. 3 def. of *gas fitting* repealed by No. 32/2001 s. 6(h).\n\nS. 3 def. of *gas incident* inserted by No. 36/1997 s. 4(3), repealed by No. 99/1997 s. 119(1).\n\nS. 3 def. of *gas producer* inserted by No. 91/1997  \ns. 4(1), repealed by No. 32/2001 s. 6(h).\n\nS. 3 def. of *gas retailer* inserted by No. 91/1997  \ns. 4(1) substituted by No. 32/2001 s. 6(i).\n\n***gas retailer*** has the same meaning as it has in the **Gas Industry Act 2001**;\n\nS. 3 def. of *gas transmission company* inserted by No. 91/1997  \ns. 4(1), substituted by No. 32/2001 s. 6(j).\n\n***gas transmission company*** has the same meaning as it has in the **Gas Industry Act 2001**;\n\nS. 3 def. of *gas transmission system* inserted by No. 91/1997  \ns. 4(1), amended by No. 39/1999 s. 4(2), repealed by No. 32/2001 s. 6(k).\n\n***GFCV*** has the same meaning as Corporation has in the **Gas and Fuel Corporation Act 1958**;\n\n***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—\n\n(a) to which GFCV was a party; or\n\n(b) that was given to or in favour of GFCV; or\n\n(c) that refers to GFCV; or\n\n(i) money is, or may become, payable to or by GFCV; or\n\n(ii) other property is to be, or may become liable to be, transferred to or by GFCV;\n\n***GTC*** means Gas Transmission Corporation established by Division 1 of Part 2;\n\nS. 3 def. of *inspector* inserted by No. 36/1997 s. 4(3), repealed by No. 99/1997 s. 119(1),  \nnew def. of *inspector* inserted by No. 39/1999 s. 3, repealed by No. 32/2001 s. 6(l).\n\n***instrument*** includes a document and an oral agreement;\n\n***liabilities*** means all liabilities, duties and obligations, whether actual, contingent or prospective;\n\nS. 3 def. of *licence* inserted by No. 91/1997  \ns. 4(1), repealed by No. 32/2001 s. 6(m).\n\nS. 3 def. of *licensee* inserted by No. 91/1997  \ns. 4(1), repealed by No. 32/2001 s. 6(n).\n\nS. 3 def. of *market participant* inserted by No. 91/1997  \ns. 4(1), amended by No. 39/1999 s. 4(3), repealed by No. 32/2001 s. 6(o).\n\nS. 3 def. of *meter* repealed by No. 32/2001 s. 6(p).\n\nS. 3 def. of *MSO Rules* inserted by No. 91/1997  \ns. 4(1), amended by Nos 91/1998 s. 4, 39/1999 s. 4(4), repealed by No. 32/2001 s. 6(q).\n\nS. 3 def. of *natural gas* inserted by No. 91/1997  \n\n***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;\n\nS. 3 def. of *non-franchise customer* inserted by No. 91/1997  \n\n***non-franchise customer***, in relation to a supply of gas from a supply point, means non-franchise customer in relation to that supply point within the meaning of section 6B;\n\nS. 3 def. of *Office* inserted by No. 36/1997 s. 4(3), repealed by No. 99/1997 s. 119(1).\n\n***operation***, in relation to a pipeline, includes the maintenance, removal and alteration of the pipeline;\n\nS. 3 def. of *ORG* inserted by No. 91/1997  \ns. 4(1), repealed by No. 62/2001 s. 81(b).\n\nS. 3 def. of *pipeline* substituted by No. 32/2001 s. 6(r).\n\n***pipeline*** has the same meaning as it has in the **Gas Industry Act 2001**;\n\nS. 3 def. of *Port Campbell facility* inserted by No. 40/1998 s. 4, repealed by No. 32/2001 s. 6(s).\n\n***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;\n\nS. 3 def. of *public gas company* inserted by No. 91/1997  \n\n***public gas company*** means a gas company—\n\n(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\n\n(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;\n\nS. 3 def. of *Regulator* inserted by No. 91/1997  \ns. 4(1) repealed by No. 32/2001 s. 6(t).\n\nS. 3 def. of *regulatory provision* inserted by No. 91/1997  \ns. 4(1), amended by No. 31/1998 s. 25(a)(iv), repealed by No. 32/2001 s. 6(u).\n\n***rights*** means all rights, powers, privileges and immunities, whether actual, contingent or prospective;\n\nS. 3 def. of *service provider* inserted by No. 91/1997  \ns. 4(1), repealed by No. 32/2001 s. 6(v).\n\nS. 3 def. of *significant producer* inserted by No. 40/1998  \ns. 4, repealed by No. 32/2001 s. 6(w).\n\nS. 3 def. of *statutory gas company* inserted by No. 91/1997  \ns. 4(1), amended by Nos 40/1998 s. 6(1)(c), 32/2001 s. 6(x).\n\n***statutory gas company*** means GASCOR;\n\nS. 3 def. of *supply point* inserted by No. 91/1997  \n\n***supply point*** means supply point within the meaning of section 6C;\n\nS. 3 def. of *transmission pipeline* amended by Nos 91/1997  \ns. 4(2)(d)(e), 96/1998 s. 257(3)(b), substituted by No. 32/2001 s. 6(y).\n\n***transmission pipeline*** has the same meaning as it has in the **Gas Industry Act 2001**;\n\n***transmit*** means convey gas through a transmission pipeline;\n\nS. 3 def. of *underground storage facility* inserted by No. 40/1998  \ns. 4, repealed by No. 32/2001 s. 6(z).\n\nS. 3 def. of *VENCorp* inserted by No. 91/1997  \ns. 4(1), amended by No. 32/2001 s. 6(za).\n\n***VENCorp*** means the Victorian Energy Networks Corporation continued under Part 8 of the **Gas Industry Act 2001**;\n\nS. 3 def. of *Victorian gas market* inserted by No. 40/1998  \ns. 4, repealed by No. 32/2001 s. 6(zb).\n\nS. 4  \namended by No. 91/1997  \ns. 4(3), repealed by No. 32/2001 s. 7(1).\n\nS. 5  \namended by Nos 91/1997  \ns. 4(4), 39/1999 ss 4(5)–(7), 5, repealed by No. 32/2001 s. 7(1).\n\nS. 5A  \ns. 5, repealed by No. 32/2001 s. 7(1).\n\nS. 5B  \ns. 5, amended by Nos 91/1998 s. 5, 39/1999 s. 6, repealed by No. 32/2001 s. 7(1).\n\nS. 5C  \ninserted by No. 40/1998  \ns. 5, amended by No. 91/1998 s. 6, repealed by No. 32/2001 s. 7(1).\n\nS. 5D  \ninserted by No. 40/1998  \ns. 5, repealed by No. 32/2001 s. 7(1).\n\nS. 6  \namended by Nos 91/1997  \ns. 6, 44/2001 s. 3(Sch. item 56.1), repealed by No. 73/2005 s. 4(Sch. 2 item 3.2).\n\nS. 6A  \ns. 7, amended by No. 32/2001 s. 7(2), repealed by No. 73/2005 s. 4(Sch. 2 item 3.2).\n\nS. 6B  \ns. 7.\n\n","sortOrder":5},{"sectionNumber":"6B","sectionType":"section","heading":"Non-franchise customer","content":"\t6B Non-franchise customer\n\n(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—\n\n(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;\n\n(b) if the gas is supplied from a supply point on or after 1 September 1998 and before 1 September 1999 and—\n\n(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\n\nS. 6B(1)(b)(ii) amended by No. 62/2001 s. 81(c).\n\n(ii) the supply point is new and the Commission is satisfied on reasonable grounds that the person will purchase not less than 500 000 GJ of gas from that supply point within a period of 12 months during the 3 years next following 1 September 1998 or the commencement of the supply, whichever is the later;\n\n(c) if the gas is supplied from a supply point on or after 1 September 1999 and before 1 September 2000 and—\n\n(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\n\nS. 6B(1)(c)(ii) amended by Nos 58/1999 s. 3, 62/2001 s. 81(c).\n\n(ii) the supply point is new and the Commission is satisfied on reasonable grounds that the person will purchase not less than 100 000 GJ of gas from that supply point within a period of 12 months during the 3 years next following 1 September 1999 or the commencement of the supply, whichever is the later; or\n\nS. 6B(1)(c)(iii) inserted by No. 58/1999 s. 3.\n\n(iii) 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 March 2000 or the commencement of the supply, whichever is the later; or\n\nS. 6B(1)(c)(iv) inserted by No. 58/1999 s. 3, amended by No. 62/2001 s. 81(c).\n\n(iv) the supply point is new and the Commission is satisfied on reasonable grounds that the person will purchase not less than 100 000 GJ of gas from that supply point within a period of 12 months during the 3 years next following 1 March 2000 or the commencement of the supply, whichever is the later;\n\nS. 6B(1)(ca) inserted by No. 39/1999 s. 7.\n\n(ca) if the gas is supplied from a supply point from which gas was supplied to Generation Victoria on 1 January 1999;\n\n(d) if the gas is supplied from a supply point on or after 1 September 2000 and before 1 September 2001 and—\n\nS. 6B(1)(d)(i) amended by No. 91/2000 s. 4(1).\n\n(i) the person had purchased not less than 10 000 GJ (or such lesser amount as is specified by Order under subsection (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\n\nS. 6B(1)(d)(ii) amended by Nos 91/2000 s. 4(1), 62/2001 s. 81(c).\n\n(ii) the supply point is new and the Commission is satisfied on reasonable grounds that the person will purchase not less than 10 000 GJ (or such lesser amount as is specified by Order under subsection (4A)) of gas from that supply point within a period of 12 months during the 3 years next following 1 September 2000 or the commencement of the supply, whichever is the later;\n\n(e) if the gas is supplied from a supply point on or after 1 September 2001.\n\n(2) A person who, by reason of subsection (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.\n\n(3) Despite subsection (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 subsection (1)(b), (c), (d) or (e) applies to the customer.\n\nS. 6B(4) amended by No. 62/2001 s. 81(c).\n\n(4) For the purpose of subsection (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.\n\nS. 6B(4A) inserted by No. 91/2000 s. 4(2).\n\n(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 subsection (1)(d)(i) and (ii).\n\n(5) In this section—\n\n***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.\n\nS. 6C  \ns. 7.\n\n","sortOrder":6},{"sectionNumber":"6C","sectionType":"section","heading":"Supply point","content":"\t6C Supply point\n\n(1) In this Act, ***supply point***, in relation to the supply of gas to a customer means—\n\n(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;\n\nS. 6C(1)(b) amended by No. 62/2001 s. 81(d)(ii).\n\n(b) in relation to a supply of gas to which an arrangement referred to in subsection (2) applies, the points of supply that the Commission agrees are to be treated as a single supply point.\n\nS. 6C(2) amended by No. 62/2001 s. 81(d)(i)(ii).\n\n(2) The Commission may agree that, for the purposes of this section, 2 or more points referred to in paragraph (a) on a customer's premises be treated as a single supply point if the Commission is satisfied that the supply of gas to those points before 1 July 1997 was, in accordance with an arrangement with the customer in force immediately before that date, treated by GASCOR as a single supply for billing purposes.\n\n(3) In this Act, ***ancillary supply point***, in relation to another supply point, means a point that, under subsection (2), is to be treated as a single supply point with the other supply point.\n\nS. 6D  \ns. 8, amended by No. 31/1998 s. 25(b), repealed by No. 32/2001 s. 7(3).\n\n","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Crown to be bound","content":"\t7 Crown to be bound\n\nThis Act binds the Crown, not only in right of Victoria but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.\n\n","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Extra-territorial operation","content":"\t8 Extra-territorial operation\n\nIt is the intention of the Parliament that the operation of this Act should, so far as possible, include operation in relation to the following—\n\n(a) land situated outside Victoria, whether in or outside Australia;\n\n(b) things situated outside Victoria, whether in or outside Australia;\n\n(c) acts, transactions and matters done, entered into or occurring outside Victoria, whether in or outside Australia;\n\n(d) things, acts, transactions and matters, (wherever situated, done, entered into or occurring) that would, apart from this Act, be governed or otherwise affected by the law of the Commonwealth, another State, a Territory or a foreign country.\n\nS. 8A  \ns. 9, amended by Nos 31/1998 s. 25(c), 91/1998 s. 7, repealed by No. 32/2001 s. 7(3).\n\nS. 8B  \ns. 9, amended by No. 31/1998 s. 25(d), repealed by No. 32/2001 s. 7(3).\n\nPt 2 (Heading) amended by No. 91/1997  \ns. 10.\n\n","sortOrder":9},{"sectionNumber":"Part 2","sectionType":"part","heading":"Statutory gas companies","content":"Part 2—Statutory gas companies\n\nPt 2 Div. 1 (Heading and ss 9–12) amended by No. 31/1995 s. 32,  \nrepealed by No. 40/1998 s. 6(1)(d).\n\nPt 2 Div. 2 (Heading and ss 13–16) repealed by No. 2/2004 s. 4.\n\nPt 2 Div. 2A (Heading and ss 16A–16L) inserted by No. 91/1997  \ns. 11.\n\n","sortOrder":10},{"sectionNumber":"Div 2A","sectionType":"division","heading":"Victorian Energy Networks Corporation","content":"Division 2A—Victorian Energy Networks Corporation\n\nSs 16A, 16B  \n\nS. 16C  \ns. 11, amended by Nos 40/1998  \ns. 8, 91/2000 s. 5, repealed by No. 32/2001 s. 8.\n\nS. 16CA inserted by No. 36/1999 s. 24, amended by No. 69/2000 s. 32, repealed by No. 32/2001 s. 8.\n\nS. 16D, 16E  \ninserted by No. 91/1997 s. 11, repealed by No. 32/2001 s. 8.\n\nS. 16F  \ns. 11, amended by No. 69/2000 s. 33, repealed by No. 32/2001 s. 8.\n\nS. 16G  \n\nS. 16H  \ns. 11, amended by No. 39/1999 s. 8(1)(a)(2), repealed by No. 32/2001 s. 8.\n\nS. 16HA inserted by No. 91/1998 s. 8, repealed by No. 32/2001 s. 8.\n\nS. 16I  \ns. 11, substituted by No. 91/1998 s. 9.\n\n","sortOrder":11},{"sectionNumber":"16I","sectionType":"section","heading":"Protection from liability","content":"\t16I Protection from liability\n\n(1) A person to whom this section applies is not liable to any action, claim or demand on account of any damage, loss or injury sustained or alleged to be sustained because of anything done or omitted to be done in good faith—\n\n(a) in or in connection with or incidental to the exercise of a power to give or make a direction, prohibition or requisition under, or purportedly under, this Act; or\n\n(b) in the reasonable belief that the act or omission was in or in connection with or incidental to the exercise of such a power.\n\n(2) This section applies to VENCorp and the directors and servants of VENCorp.\n\nS. 16J  \ns. 11, substituted by No. 91/1998 s. 10.\n\n","sortOrder":12},{"sectionNumber":"16J","sectionType":"section","heading":"Protection of persons executing directions","content":"\t16J Protection of persons executing directions\n\n(1) A person is not liable to any action, claim or demand on account of any damage, loss or injury sustained or alleged to be sustained because of anything done, or omitted to be done in good faith—\n\n(a) in the execution of any direction under, or purportedly under, this Division; or\n\n(b) in the reasonable belief that the act or omission was in the execution of such a direction.\n\n(2) A person to whom this subsection applies is not liable to any action, claim or demand on account of any damage, loss or injury sustained or alleged to be sustained because of anything done, or omitted to be done, in good faith—\n\n(a) in the execution of any direction or purported direction (whether or not under this Division) given by VENCorp to that person or an agent of that person (whether or not by name) on or after 11 June 1998 and before the date on which the **Gas Industry Acts (Amendment) Act 1998** receives the Royal Assent; or\n\n(b) in the reasonable belief that the act or omission was in the execution of such a direction.\n\n(3) Subsection (2) applies to GASCOR, the Administrator of GASCOR, gas retailers, directors of gas retailers and servants or agents of, or persons acting on behalf of, or performing work or services, whether directly or indirectly, for, GASCOR or a gas retailer.\n\nS. 16K  \ns. 11, amended by No. 39/1999 s. 8(1)(b), repealed by No. 32/2001 s. 8.\n\nS. 16L  \n\nPt 2 Div. 3 (Heading and ss 17–20) amended by Nos 36/1997 ss 7, 8, 91/1997 ss 13, 14, 40/1998 s. 6(1)(e)(f), 46/1998 s. 7(Sch. 1), 32/2001 s. 9, 2/2004 s. 5, repealed by No. 73/2005 s. 4(Sch. 2 item 3.3).\n\nPt 2 Div. 4 (Heading and ss 21–31) amended by Nos 31/1995 s. 33, 36/1997 ss 5, 9, 40/1998 s. 10, 44/2001 s. 3(Sch. item 56.2), repealed by No. 2/2004 s. 6.\n\nPt 2A (Heading and ss 31A–31I) inserted by No. 39/1999 s. 9, repealed by No. 32/2001 s. 10.\n\nPt 3 (Heading and ss 32–45) amended by Nos 31/1995  \nss 34–37(1)(a), 80/1995  \nss 4–6, 36/1997  \ns. 6(2), substituted as Pt 3 (Heading and ss 32, 33) by No. 91/1997  \ns. 15, amended by No. 40/1998  \ns. 11, repealed by No. 32/2001 s. 11.\n\nPt 3A (Heading and ss 34–45Z) inserted by No. 40/1998  \ns. 12, amended by Nos 91/1998 s. 11, 11/1999 s. 10(1)(a), 39/1999  \nss 10–13, repealed by No. 32/2001 s. 12.\n\nPt 4  \n(Heading and ss 46–48) amended by Nos 91/1997  \ns. 16, 99/1997 s. 119(2), repealed by No. 73/2005 s. 4(Sch. 2 item 3.4).\n\nPt 4A  \n(Heading and ss 48A–48T) inserted by No. 91/1997  \ns. 17, amended by Nos 31/1998 s. 25(e)(f), 40/1998, ss 14–21, 91/1998 ss 13–15, 58/1999 s. 4(a), 59/2000 s. 4, 91/2000  \nss 6–10, 12, 13, 32/2001 ss 3, 4, repealed by No. 32/2001 s. 13.\n\nPt 4B  \n(Heading and ss 48U–48ZV) inserted by No. 91/1997  \ns. 17, amended by Nos 91/1998 s. 16(1)(2), 11/1999 s. 10(1)(b)(c), repealed by No. 31/1998 s. 25(g).\n\nPt 5  \n(Heading and ss 49–60) amended by Nos 31/1995 s. 37(1)(b), 80/1995 ss 7, 8, 36/1997 ss 10–12, 91/1997 ss 18–24, 40/1998  \nss 22–24, 39/1999 s. 14, 91/2000 s. 15, 32/2001 s. 14, repealed by No. 73/2005 s. 4(Sch. 2 item 3.5).\n\n","sortOrder":13},{"sectionNumber":"Part 6","sectionType":"part","heading":"Statutory easements","content":"Part 6—Statutory easements\n\nS. 60A inserted by No. 91/1997  \ns. 25, repealed by No. 32/2001 s. 15(1).\n\n","sortOrder":14},{"sectionNumber":"61","sectionType":"section","heading":"Certain rights deemed to be easements","content":"\t61 Certain rights deemed to be easements\n\n(1) If a gas company—\n\nS. 61(1)(a) amended by Nos 91/1997  \ns. 26(1), 40/1998  \ns. 25.\n\n(a) becomes entitled under this Act to an easement, right or privilege in, over or affecting any land which, immediately before the gas company became so entitled, was an easement, right or privilege to which GFCV, GASCOR or GTC was entitled; or\n\nS. 61(1)(b) amended by Nos 91/1997  \ns. 26(2), 32/2001 s. 15(2).\n\n(b) acquires an easement, right or privilege in, over or affecting land for the purpose of its works and undertakings under this Act that is not, and is not in any instrument, expressed to be, appurtenant to any land—\n\nthe easement, right or privilege is deemed to be an easement vested in the gas company and appurtenant to all land vested in the gas company from time to time.\n\nS. 61(1A) inserted by No. 31/1995  \ns. 37(2).\n\n(1A) The easement existing immediately before the commencement of section 37(2) of the **Gas and Fuel Corporation (Repeal) Act 1995** over the land described in certificate of title volume 8758 folio 144 and appurtenant to the land described in certificate of title volume 7512 folio 120 is, by force of this section, an easement vested in GTC and appurtenant to all land vested in GTC from time to time.\n\nS. 61(2) amended by No. 31/1995  \ns. 37(3), repealed by No. 32/2001 s. 15(3).\n\n(3) If a gas company proposes to acquire an easement, right or privilege in, over or affecting land that would, if acquired by the gas company, be deemed to be an easement by virtue of subsection (1), the gas company may give notice in the appropriate form of its intention to acquire the easement, right or privilege to the Registrar of Titles.\n\n(4) Section 57 of the **Transfer of Land Act 1958**, with such modifications as are necessary, applies in relation to a notice of intention to acquire given under subsection (3) as if—\n\n(a) a reference in that section to an acquiring authority included the gas company;\n\n(b) a reference in that section to a proposal to acquire any land included a reference to a proposal to acquire the right or privilege to which the notice given under subsection (3) relates;\n\n(c) a reference in that section to a notice of intention to acquire included a notice of intention to acquire given under subsection (3); and\n\n(d) subsection (1) of that section did not form part of that section.\n\nS. 62 amended by No. 46/1998  \ns. 7(Sch. 1), repealed by No. 32/2001 s. 15(4).\n\nSs 62A-62E inserted by No. 31/1995  \ns. 38 (as amended by No. 74/2000 s. 3(Sch. 1 item 56), repealed by No. 73/2005 s. 4(Sch. 2 item 3.6).\n\nPt 6A (Heading and ss 62F–62L) inserted by No. 31/1995  \ns. 39, amended by Nos 91/1998 s. 17, 39/1999  \nss 15–19, repealed by No. 32/2001 s. 16.\n\nPt 6AA (Heading  \nand ss 62LF–62LO)  \ninserted by No. 39/1999 s. 20, repealed by No. 32/2001 s. 17.\n\nPt 6B (Heading and ss 62M–62P) inserted by No. 36/1997 s. 13.\n\n","sortOrder":15},{"sectionNumber":"Part 6B","sectionType":"part","heading":"Competition policy authorisation","content":"Part 6B—Competition policy authorisation\n\nS. 62M inserted by No. 36/1997 s. 13.\n\n","sortOrder":16},{"sectionNumber":"62M","sectionType":"section","heading":"Definitions","content":"\t62M Definitions\n\nIn this Part—\n\n***BHP*** means **BHP** Petroleum (Bass Strait) Pty Ltd or a body corporate related to it;\n\n***Competition Code*** has the same meaning as in the **Competition Policy Reform (Victoria) Act 1995**;\n\n***Esso*** means Esso Australia Resources Ltd. or a body corporate related to it;\n\nS. 62M def. of *gas supply contract* amended by No. 91/1997  \ns. 27(1)(a)  \n(i)–(iv).\n\n***gas supply contract*** means—\n\n(a) a contract for the supply of gas made between BHP and Esso as sellers and GASCOR as buyer dated 20 November 1996 or a new arrangement; and\n\n(b) each and any variation to the contract or new arrangement described in paragraph (a) in accordance with the principles of the unwritten law and, in the case of any variation to a specified exclusionary provision, a specified price provision, a specified terms provision, a specified acquisition exclusivity provision, a specified supply exclusivity provision or a specified volume provision, as approved by the Minister; and\n\n(c) a contract or arrangement made or understanding arrived at between—\n\n(i) BHP, Esso and GASCOR; or\n\n(ii) GASCOR and either BHP or Esso—\n\nfor the purpose of giving effect to, or incidental to, an obligation or right of one or more of the parties under the contract or new arrangement referred to in paragraph (a) or any variation to that contract or new arrangement under and in accordance with paragraph (b);\n\nS. 62M def. of *new arrangement* inserted by No. 91/1997  \ns. 27(1)(b), amended by No. 40/1998  \ns. 26(1).\n\n***new arrangement*** means a contract or arrangement—\n\n(a) for the supply of gas by GASCOR to a new retailer; or\n\n(b) for the supply of gas by GASCOR to customers by a new retailer as GASCOR's agent—\n\nbeing a contract or arrangement made on or after 1 December 1997 but does not include a contract or arrangement if, when the contract or arrangement is made, a party to it is a person other than a statutory authority or a company all the shares in which are held by or on behalf of the State or a statutory authority;\n\nS. 62M def. of *new retailer* inserted by No. 91/1997  \ns. 27(1)(b), amended by Nos 40/1998  \ns. 26(2), 91/1998 s. 18.\n\n***new retailer*** means—\n\n(a) Ikon Energy Pty Ltd A.C.N. 079 089 553;\n\n(b) Kinetik Energy Pty Ltd A.C.N. 079 089 188;\n\n(c) Energy 21 Pty Ltd A.C.N. 079 089 213;\n\n(d) Gas Release Co Pty Ltd A.C.N. 079 089 286;\n\nS. 62M def. of *specified acquisition exclusivity provision* substituted by No. 91/1997  \ns. 27(1)(c).\n\n***specified acquisition exclusivity provision***, in relation to a gas supply contract, means a provision that comprises or includes a condition, whether direct or indirect and whether having legal or equitable force or not, that—\n\n(a) GASCOR will not, or will not except to a limited extent, acquire gas directly or indirectly from a person who is or is likely to be or would be but for that provision, a competitor of BHP or a competitor of Esso or a competitor of a body corporate related to either of them; or\n\n(b) a new retailer will not, or will not except to a limited extent, acquire gas directly or indirectly from a person who is or is likely to be or would be but for that provision, a competitor of GASCOR or of a body corporate related to GASCOR;\n\nS. 62M def. of *specified exclusionary provision* amended by No. 91/1997  \ns. 27(1)(d)  \n(i)–(iii).\n\n***specified exclusionary provision***, in relation to a gas supply contract, means a provision that—\n\n(a) has the purpose of preventing, restricting or limiting the acquisition of gas by GASCOR or a new retailer from particular persons or classes of persons or from particular persons or classes of persons in particular circumstances or on particular conditions; or\n\n(b) has the purpose of preventing, restricting or limiting the supply of gas by Esso or BHP severally to GASCOR or to GASCOR in particular circumstances or on particular conditions or by GASCOR to or through the agency of a new retailer or to or through the agency of a new retailer in particular circumstances or on particular conditions; or\n\n(c) has the purpose of preventing, restricting or limiting the supply of gas—\n\n(i) by Esso and BHP jointly or by either or each of them severally to particular persons or classes of persons (other than GASCOR) or to particular persons or classes of persons (other than GASCOR) in particular circumstances or on particular conditions; or\n\n(ii) by GASCOR or a new retailer to particular persons, or particular persons or classes of persons in particular circumstances or on particular conditions;\n\nS. 62M def. of *specified price provision* amended by No. 91/1997  \ns. 27(1)(e).\n\n***specified price provision*** in relation to a gas supply contract, means a provision that has the purpose, or has or is likely to have the effect, of fixing, controlling or maintaining or providing for the fixing, controlling or maintaining of the price for gas to be supplied by Esso and BHP jointly or either of them severally to GASCOR or by GASCOR to or through the agency of more than one new retailer;\n\nS. 62M def. of *specified supply exclusivity provision* amended by No. 91/1997  \ns. 27(1)(f).\n\n***specified supply exclusivity provision***, in relation to a gas supply contract, means a provision that comprises or includes a condition, whether direct or indirect and whether having legal or equitable force or not, that Esso and BHP jointly or either or each of them severally or GASCOR or a new retailer (as principal or agent) will not supply gas to any person or will not, or will not except to a limited extent, supply gas to particular persons or classes of persons or to persons other than particular persons or classes of persons or in particular places or classes of places or in places other than particular places or classes of places;\n\nS. 62M def. of *specified terms provision* substituted by No. 91/1997  \ns. 27(1)(g).\n\n***specified terms provision***, in relation to a gas supply contract means a provision that provides for the supply of gas—\n\n(a) by Esso and BHP jointly or either of them severally to GASCOR; or\n\n(b) by GASCOR to or through the agency of more than one new retailer—\n\nupon identical or like or similar terms and conditions that has the purpose, or would have or would be likely to have the effect, of substantially lessening competition within the meaning of section 45 of the Trade Practices Act and the Competition Code;\n\nS. 62M def. of *specified volume provision* amended by No. 91/1997  \ns. 27(1)(h)  \n(i)–(iv).\n\n***specified volume provision***, in relation to a gas supply contract, means a provision, not being a specified acquisition exclusivity provision or a specified supply exclusivity provision, that provides for during or in respect of any particular period or series of particular periods—\n\n(a) the acquisition by GASCOR from Esso and BHP jointly or from either or each of them severally or by a new retailer from GASCOR of a volume of gas that is specified, identifiable or capable of calculation; or\n\n(b) the supply to GASCOR by Esso and BHP jointly or by either or each of them severally or by GASCOR or to or through the agency of a new retailer of a volume of gas that is specified, identifiable or capable of calculation; or\n\n(c) the payment by GASCOR to Esso and BHP jointly or to either or each of them severally or by a new retailer to GASCOR of any amount of money for the reason that GASCOR has not acquired or has not agreed to acquire from Esso and BHP jointly or from either or each of them severally (as the case may be) or the new retailer has not acquired or has not agreed to acquire from GASCOR or has not supplied or agreed to supply as GASCOR's agent a volume of gas that is specified, identifiable or capable of calculation—\n\nand that has the purpose, or has or is likely to have the effect, of substantially lessening competition within the meaning of section 45 of the Trade Practices Act and the Competition Code;\n\n***Trade Practices Act*** means the Trade Practices Act 1974 of the Commonwealth.\n\nS. 62N inserted by No. 36/1997 s. 13.\n\n","sortOrder":17},{"sectionNumber":"62N","sectionType":"section","heading":"Assignment","content":"\t62N Assignment\n\nS. 62N(1) amended by No. 91/1997  \ns. 27(2).\n\n(1) If GASCOR, Esso, BHP or a new retailer assigns the whole or any part or any combination of parts (not comprising the whole) of its rights under a gas supply contract to a person or to persons, a reference to GASCOR, Esso, BHP or the new retailer (as the case requires) in this Part (except the definitions in this Part of ***BHP***, ***Esso***, ***GASCOR*** or ***new retailer*** and this section) shall be construed from the time of that assignment to be—\n\nS. 62N(1)(a) amended by No. 91/1997  \n\n(a) in the case where GASCOR, Esso, BHP or the new retailer assigns the whole of its rights under a gas supply contract, a reference to that person or to those persons and to a body corporate related to that person or to any of those persons; and\n\nS. 62N(1)(b) amended by No. 91/1997  \n\n(b) in the case where GASCOR, Esso, BHP or the new retailer assigns a part or combination of parts (not comprising the whole) of its rights under a gas supply contract—\n\n(i) in respect of the part or combination of parts assigned, a reference to that person or to those persons and to a body corporate related to that person or to any of those persons; and\n\nS. 62N(1)(b)(ii) amended by No. 91/1997 s. 27(3).\n\n(ii) in respect of the rights retained, a reference to GASCOR, Esso, BHP or the new retailer (as the case requires).\n\nS. 62N(2) amended by No. 91/1997  \n\n(2) Subsection (1) applies to each and any assignment by a person or persons of the whole or any part or combination of parts (not comprising the whole) of the rights held originally by GASCOR, Esso, BHP or the new retailer under a gas supply contract and held at that time by that person or those persons and in respect of which there has been a previous application of subsection (1).\n\n(3) For the purpose of this section—\n\n(a) a reference to assignment and other grammatical forms of that word shall be read as a reference to assignment, conveyance, grant, transfer or novation and for the other corresponding grammatical forms of each of those words; and\n\n(b) a reference to rights under a gas supply contract shall be read as a reference to rights, benefits, privileges or facilities under a gas supply contract.\n\nS. 62O inserted by No. 36/1997 s. 13, amended by No. 91/1997  \ns. 27(4)(a).\n\n","sortOrder":18},{"sectionNumber":"62O","sectionType":"section","heading":"Approval","content":"\t62O Approval\n\nFor the purposes of Part IV of the Trade Practices Act and of the Competition Code any thing done or other conduct engaged in by any, all or some of GASCOR, BHP, Esso and the new retailers that is specified in section 62P as a thing or other conduct engaged in to which this section applies, is specifically authorised to be done during the period ending on 31 December 2010.\n\nS. 62P inserted by No. 36/1997 s. 13.\n\n","sortOrder":19},{"sectionNumber":"62P","sectionType":"section","heading":"Application","content":"\t62P Application\n\nSection 62O applies to the following things—\n\n(a) attempting to make or making a gas supply contract which contains a specified exclusionary provision;\n\n(b) attempting to give or giving effect to a specified exclusionary provision of a gas supply contract;\n\n(c) attempting to make or making a gas supply contract which contains a specified terms provision;\n\n(d) attempting to give or giving effect to a specified terms provision of a gas supply contract;\n\n(e) attempting to make or making a gas supply contract which contains a specified price provision;\n\n(f) attempting to give or giving effect to a specified price provision of a gas supply contract;\n\n(g) attempting to make or making a gas supply contract which contains a specified volume provision;\n\n(h) attempting to give or giving effect to a specified volume provision of a gas supply contract;\n\nS. 62P(i) amended by No. 91/1997  \ns. 27(4)(b)(c).\n\n(i) attempting to supply or attempting to offer to supply or supplying or offering to supply gas to GASCOR or to or through the agency of a new retailer pursuant to a gas supply contract which contains a specified acquisition exclusivity provision where the engaging by Esso and BHP or either or each of them or by GASCOR (as the case requires) in that conduct has the purpose, or has or is likely to have the effect, of substantially lessening competition within the meaning of section 47 of the Trade Practices Act and the Competition Code;\n\nS. 62P(j) amended by No. 91/1997  \ns. 27(4)(d)(e).\n\n(j) attempting to acquire or attempting to offer to acquire or acquiring or offering to acquire gas from Esso and BHP jointly or from either or each of them severally or from GASCOR pursuant to a gas supply contract which contains a specified supply exclusivity provision where the engaging by GASCOR or a new retailer (as the case requires) in that conduct has the purpose, or has or is likely to have the effect, of substantially lessening competition within the meaning of section 47 of the Trade Practices Act and the Competition Code;\n\n(k) attempting to make or making a gas supply contract which contains a provision that gas is to be supplied jointly by Esso and BHP to GASCOR;\n\n(l) attempting to give or giving effect to a provision of a gas supply contract that gas is to be supplied jointly by Esso and BHP to GASCOR.\n\nS. 62PA inserted by No. 91/1998 s. 19, amended by No. 39/1999 s. 21, repealed by No. 32/2001 s. 18.\n\nPt 6C (Heading and ss 62Q–62T) inserted by No. 40/1998  \n\n","sortOrder":20},{"sectionNumber":"Part 6C","sectionType":"part","heading":"Master agreements","content":"Part 6C—Master agreements\n\nS. 62Q inserted by No. 40/1998  \n\n","sortOrder":21},{"sectionNumber":"62Q","sectionType":"section","heading":"Definitions","content":"\t62Q Definitions\n\nIn this Part—\n\n***BHP*** means BHP Petroleum (Bass Strait) Pty Ltd or a body corporate related to it;\n\n***Competition Code*** has the same meaning as in the **Competition Policy Reform (Victoria) Act 1995**;\n\n***Esso*** means Esso Australia Resources Ltd or a body corporate related to it;\n\n***gas supply contract*** has the same meaning as in section 62M;\n\n***master agreement*** means—\n\n(a) a contract between GASCOR and a new retailer or new retailers and RCo  containing terms and conditions—\n\n(i) on which the rights and obligations of GASCOR under a gas supply contract are to be exercised; and\n\n(ii) under which quantities of gas are allocated among the new retailers and RCo; and\n\n(iii) which is designated as such by the Minister for the purpose of this provision; and\n\n(b) each and any variation to the master agreement as approved by the Minister; and\n\n(c) a contract or arrangement made or understanding arrived at between GASCOR and a new retailer or new retailers and RCo  or between new retailers and RCo  for the purpose of giving effect to, or incidental to, an obligation or right of one or more of the parties under the master agreement;\n\n***new retailer*** has the same meaning as in section 62M;\n\n***RCo*** means Gas Release Co Pty Ltd A.C.N. 079 089 286;\n\n***specified operational provision***, in relation to a master agreement, means a provision that relates to—\n\n(a) the provision of information by a new retailer or RCo to GASCOR or by GASCOR to a new retailer or RCo or the provision or sharing of information between such parties inter se; or\n\n(b) any direction or action, or decision to make any direction or take any action by a party to the master agreement or its representative collectively with any other such party or its representative relating to any right, entitlement, interest, decision or action that GASCOR has or may take or exercise under a gas supply contract—\n\nand has the purpose or has or is likely to have the effect of substantially lessening competition within the meaning of section 45 of the Trade Practices Act and the Competition Code;\n\n***specified price provision***, in relation to a master agreement, means a provision that has the purpose or has or is likely to have the effect, of fixing, controlling or maintaining or providing for the fixing, controlling or maintaining of the price for gas to be acquired by GASCOR, supplied by GASCOR to or through the agency of more than one new retailer or acquired by more than one new retailer or RCo;\n\n***specified price review provision*** means a specified price provision that relates to the conduct of any price review under the price review provisions of a gas supply contract;\n\n***specified terms provision***, in relation to a master agreement, means a provision that provides for the supply of gas by GASCOR to or through the agency of more than one new retailer or RCo, or that provides for the acquisition of gas by more than one new retailer or RCo, upon identical or like or similar terms and conditions that has the purpose, or would have or would be likely to have the effect, of substantially lessening competition within the meaning of section 45 of the Trade Practices Act and the Competition Code;\n\n***specified volume provision***, in relation to a master agreement, means a provision that relates to—\n\n(a) the acquisition by a new retailer or RCo from GASCOR of a volume of gas that is specified, identifiable or capable of calculation; or\n\n(b) the supply by GASCOR to or through the agency of a new retailer or RCo of a volume of gas that is specified, identifiable or capable of calculation; or\n\n(c) the payment by a new retailer or RCo to GASCOR of any amount of money for the reason that GASCOR has not acquired or has not agreed to acquire from Esso and BHP jointly or from either or each of them severally (as the case may be) or the new retailer or RCo has not acquired or has not agreed to acquire from GASCOR or has not supplied or agreed to supply as GASCOR's agent a volume of gas that is specified, identifiable or capable of calculation—\n\nand that has the purpose, or has or is likely to have the effect, of substantially lessening competition within the meaning of section 45 of the Trade Practices Act and the Competition Code;\n\n***Trade Practices Act*** means the Trade Practices Act 1974 of the Commonwealth.\n\nS. 62R inserted by No. 40/1998  \n\n","sortOrder":22},{"sectionNumber":"62R","sectionType":"section","heading":"Assignment","content":"\t62R Assignment\n\n(1) If GASCOR, a new retailer or RCo assigns the whole or any part or any combination of parts (not comprising the whole) of its rights under a master agreement to a person or to persons, a reference to GASCOR, the new retailer or RCo  (as the case requires) in this Part (except the definitions in this Part of GASCOR, new retailer or RCo and this section) shall be construed from the time of that assignment to be—\n\n(a) in the case where GASCOR, the new retailer or RCo assigns the whole of its rights under a master agreement, a reference to that person or to those persons and to a body corporate related to that person or to any of those persons; and\n\n(b) in the case where GASCOR, the new retailer or RCo assigns a part or combination of parts (not comprising the whole) of its rights under a master agreement—\n\n(i) in respect of the part or combination of parts assigned, a reference to that person or to those persons and to a body corporate related to that person or to any of those persons; and\n\n(ii) in respect of the rights retained, a reference to GASCOR, the new retailer or RCo  (as the case requires).\n\n(2) Subsection (1) applies to each and any assignment by a person or persons of the whole or any part or combination of parts (not comprising the whole) of the rights held originally by GASCOR, the new retailer or RCo under a master agreement and held at that time by that person or those persons and in respect of which there has been a previous application of subsection (1).\n\n(3) For the purpose of this section—\n\n(a) a reference to assignment and other grammatical forms of that word shall be read as a reference to allocation under this Act, assignment, conveyance, grant, transfer or novation and for the other corresponding grammatical forms of each of those words; and\n\n(b) a reference to rights under a master agreement shall be read as a reference to rights, benefits, privileges or facilities under a master agreement.\n\nS. 62S inserted by No. 40/1998  \n\n","sortOrder":23},{"sectionNumber":"62S","sectionType":"section","heading":"Approval","content":"\t62S Approval\n\nS. 62S(1) amended by No. 11/2002 s. 3(Sch. 1 item 29).\n\n(1) Subject to subsection (2), for the purposes of Part IV of the Trade Practices Act and of the Competition Code, any thing done or other conduct engaged in by any, all or some of GASCOR, the new retailers and RCo that is specified in section 62T as a thing or other conduct engaged in to which this section applies, is specifically authorised to be done during the period ending 31 December 2010.\n\n(2) The specific authorisation referred to in subsection (1) is intended to operate—\n\n(a) to the extent that the master agreement contains terms and conditions on which the rights and obligations of GASCOR under a gas supply contract are to be exercised; and\n\n(b) in parallel with the authorisation contained in section 62O.\n\nS. 62T inserted by No. 40/1998  \n\n","sortOrder":24},{"sectionNumber":"62T","sectionType":"section","heading":"Application","content":"\t62T Application\n\nSection 62S applies to the following things—\n\n(a) attempting to make or making a master agreement which contains a specified terms provision, other than a specified price review provision;\n\n(b) attempting to give or giving effect to a specified terms provision of a master agreement, other than a specified price review provision;\n\n(c) attempting to make or making a master agreement which contains a specified price provision, other than a specified price review provision;\n\n(d) attempting to give or giving effect to a specified price provision of a master agreement, other than a specified price review provision;\n\n(e) attempting to make or making a master agreement which contains a specified volume provision;\n\n(f) attempting to give or giving effect to a specified volume provision of a master agreement;\n\n(g) attempting to make or making a master agreement which contains a specified operational provision other than a specified price provision;\n\n(h) attempting to give or giving effect to a specified operational provision of a master agreement other than a specified price provision.\n\nPart 7—Transfer of property\n\nDivision 1—Preliminary\n\n\t63 Definitions\n\nS. 63(1) def. of *former gas corporation instrument* amended by No. 91/1997  \ns. 28(1)(a).\n\n***former gas corporation instrument*** means—\n\n(a) in relation to former gas corporation property of which the GFCV is the transferor, GFCV instrument;\n\n(b) in relation to former gas corporation property of which a gas corporation or gas company is the transferor, 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—\n\n(i) to which the gas corporation or gas company was a party; or\n\n(ii) that was given to or in favour of the gas corporation or gas company; or\n\n(iii) that refers to the gas corporation or gas company; or\n\n(iv) under which—\n\n(A) money is, or may become, payable to or by the gas corporation or gas company; or\n\n(B) other property is to be, or may become liable to be, transferred to or by the gas corporation or gas company;\n\nS. 63(1) def. of *former gas corporation property* amended by No. 91/1997  \ns. 28(1)(b)(i)(ii).\n\n***former gas corporation property*** means property, rights or liabilities of a gas corporation or gas company that, under this Part, have vested in, or become liabilities of, another gas corporation or gas company, the Treasurer or the State or a person or persons nominated in writing by the Minister;\n\nS. 63(1) def. of *former GASCOR subsidiary* inserted by No. 2/2004 s. 7(1).\n\n***former GASCOR subsidiary*** means a company all the shares in which were held by GASCOR at any time before 15 September 2003;\n\nS. 63(1) def. of *relevant date* amended by No. 39/1999 s. 30(a).\n\n***relevant date*** means—\n\n(a) in relation to the property and rights that, under section 64, are vested in the Treasurer, the commencement of that section;\n\n(b) in relation to property, rights and liabilities that, under section 65, are vested in, or become liabilities of GTC, the commencement of that section;\n\n(c) in relation to property, rights and liabilities that, under section 66, are vested in, or become liabilities of GASCOR, the commencement of that section;\n\n(d) in relation to an allocation statement under section 68 or property, rights or liabilities allocated under such an allocation statement means the date fixed by the Minister under subsection (2) for the purposes of that statement;\n\nS. 63(1) def. of *transferee* substituted by No. 91/1997  \ns. 28(1)(c).\n\n***transferee***, in relation to former gas corporation property, means the gas corporation, the Treasurer, the State or a person or persons nominated in writing by the Minister or 2 or more of the gas corporations, the Treasurer, the State and such a person or persons to which the property has been transferred under this Part;\n\n***transferred property*** means property, rights and liabilities of GFCV that, under this Part have vested in, or become liabilities of, a transferee;\n\nS. 63(1) def. of *transferor* amended by No. 91/1997  \ns. 28(1)(d).\n\n***transferor***, in relation to former gas corporation property, means the gas corporation or gas company from which the former gas corporation property was transferred under this Part.\n\n(2) The Minister may, by notice published in the Government Gazette fix the relevant date for the purposes of an allocation statement under section 68.\n\nPt 7 Div. 2 (Heading and ss 64–67) repealed by No. 73/2005 s. 4(Sch. 2 item 3.7).\n\nPt 7 Div. 3 (Heading and s. 68) amended by No. 91/1997 s. 28(2), 40/1998 s. 28, repealed by No. 73/2005 s. 4(Sch. 2 item 3.7).\n\nPt 7 Div. 4 (Heading and ss 69, 70) amended by No. 91/1997 s. 28(3), repealed by No. 73/2005 s. 4(Sch. 2 item 3.7).\n\n","sortOrder":25},{"sectionNumber":"Div 5","sectionType":"division","heading":"General","content":"Division 5—General\n\n","sortOrder":26},{"sectionNumber":"71","sectionType":"section","heading":"Certificate of chief executive officer","content":"\t71 Certificate of chief executive officer\n\nS. 71(1) amended by No. 91/1997  \ns. 28(4).\n\n(1) A certificate signed by the chief executive officer of a gas corporation or gas company that is a transferor certifying that property, rights or liabilities of the gas corporation or gas company specified in the certificate have been vested in or become liabilities of the transferee or have been allocated under an allocation statement in accordance with section 65 or 66 or the directions of the Minister is, unless revoked under subsection (2), conclusive evidence—\n\n(a) that the property, rights or liabilities have been so vested or allocated or become liabilities of the transferee; and\n\n(b) that the property, rights or liabilities vested in or became the property, rights or liabilities of the transferee on the relevant date.\n\nS. 71(1A) inserted by No. 2/2004 s. 7(2).\n\n(1A) Subsection (1) does not apply to GASCOR or to a former GASCOR subsidiary.\n\nS. 71(1B) inserted by No. 2/2004 s. 7(2).\n\n(1B) A certificate signed by the relevant person certifying that property, rights or liabilities of GASCOR (as transferor) or of a former GASCOR subsidiary (as transferor) specified in the certificate have been vested in or become liabilities of the transferee or have been allocated under an allocation statement in accordance with section 65 or 66 or the directions of the Minister is, unless revoked under subsection (2), conclusive evidence—\n\n(a) that the property, rights or liabilities have been so vested or allocated or become liabilities of the transferee; and\n\n(b) that the property, rights or liabilities vested in or became the property, rights or liabilities of the transferee on the relevant date.\n\nS. 71(2) amended by No. 2/2004 s. 7(3).\n\n(2) If the Treasurer and the Minister so direct the chief executive officer of a transferor in writing, the chief executive officer must revoke a certificate given under this section by issuing another certificate or certificates in place of the first certificate.\n\n(3) The chief executive officer of a transferor—\n\n(b) must make the register reasonably available for inspection by a transferee or other interested person.\n\nS. 71(4) inserted by No. 2/2004 s. 7(4).\n\n(4) In subsections (2) and (3), a reference to the chief executive officer of a transferor is, in the case of GASCOR or a former GASCOR subsidiary, to be taken to be a reference to the relevant person.\n\nS. 71(5) inserted by No. 2/2004 s. 7(4).\n\n(5) Nothing in subsection (1A), (1B) or (4) affects the evidentiary value of a certificate issued under subsection (1) before the commencement of the **Gas Industry (Residual Provisions) (Amendment) Act 2004**, but any such certificate may be revoked under subsection (2).\n\nS. 71(6) inserted by No. 2/2004 s. 7(4).\n\n(6) The requirement on the relevant person under subsection (3) to keep and make available a register includes the requirement to keep and make available any register kept under this section in respect of GASCOR or a former GASCOR subsidiary before the commencement of the **Gas Industry (Residual Provisions) (Amendment) Act 2004**.\n\nS. 71(7) inserted by No. 2/2004 s. 7(4).\n\n(7) In this section ***relevant person*** means—\n\nS. 71(7)(a) amended by No. 11/2024 s. 94.\n\n(a) the Administrator within the meaning of the **Electricity Industry (Residual Provisions) Act 1993**; or\n\n(b) such other person as the Treasurer may appoint by an instrument in writing for the purposes of this section.\n\nS. 72 amended by No. 91/1997 s. 28(5)–(7), repealed by No. 73/2005 s. 4(Sch. 2 item 3.8).\n\nS. 73 repealed by No. 73/2005 s. 4(Sch. 2 item 3.8).\n\nS. 74 amended by No. 91/1997  \ns. 28(8), repealed by No. 73/2005 s. 4(Sch. 2 item 3.8).\n\nSs 75–78 repealed by No. 73/2005 s. 4(Sch. 2 item 3.8).\n\n","sortOrder":27},{"sectionNumber":"79","sectionType":"section","heading":"Amendment of Register","content":"\t79 Amendment of Register\n\n(1) The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument and certificate of the chief executive officer of the transferor of former gas corporation property, must make any amendments in the Register that are necessary because of the operation of this Part.\n\nS. 79(2) repealed by No. 85/1998 s. 24(Sch. item 29.1), new s. 79(2) inserted by No. 39/1999 s. 22.\n\n(2) Despite subsection (1), it is not necessary to produce a certificate of title in the case of a request for amendment to the Register in relation to transferred property that is an easement registered under the **Transfer of Land Act 1958**.\n\nS. 79(3) repealed by No. 85/1998 s. 24(Sch. item 29.1), new s. 79(3) inserted by No. 2/2004 s. 7(5).\n\n(3) In this section, a reference to the certificate of the chief executive officer of the transferor of former gas corporation property includes, in the case of GASCOR or a former GASCOR subsidiary, a reference to the certificate of the relevant person given under section 71 in respect of former gas corporation property.\n\nS. 80 amended by No. 91/1997  \ns. 28(9).\n\n","sortOrder":28},{"sectionNumber":"80","sectionType":"section","heading":"Taxes","content":"\t80 Taxes\n\nNo stamp duty or other tax is chargeable under any Act in respect of anything effected by or done under this Part or in respect of any act or transaction connected with or necessary to be done by reason of this Part, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities of a gas corporation or gas company.\n\n","sortOrder":29},{"sectionNumber":"81","sectionType":"section","heading":"Evidence","content":"\t81 Evidence\n\n(1) Documentary or other evidence that would have been admissible for or against the interests of a transferor in relation to former gas corporation property if this Part had not been enacted, is admissible for or against the interests of the transferee.\n\nS. 81(2) amended by Nos 91/1997  \ns. 28(10), 69/2009 s. 54(Sch. Pt 1 item 28.1).\n\n(2) The **Evidence Act 2008** applies with respect to the books of account of a gas corporation or gas company and to entries made in those books of account before the relevant date, whether or not they relate to former gas corporation property, as if those books of account and entries were business records.\n\nS. 81(3) repealed by No. 69/2009 s. 54(Sch. Pt 1 item 28.3).\n\nPt 7 Div. 6 (Heading and ss 82–83B) amended by No. 91/1997 s. 29, repealed by No. 73/2005 s. 4(Sch. 2 item 3.7).\n\nPt 8  \n(Heading and ss 84–87F) amended by Nos 31/1995 ss 40, 41, 4/1996 s. 134(4), 36/1997 ss 14, 15, 91/1997 s. 30,  \n2/2004 s. 8, repealed by No. 73/2005 s. 4(Sch. 2 item 3.9).\n\nPt 8A  \n(Heading and ss 87G–87L) inserted by No. 91/1997  \ns. 31, repealed by No. 73/2005 s. 4(Sch. 2 item 3.10).\n\n","sortOrder":30},{"sectionNumber":"Part 9","sectionType":"part","heading":"General","content":"Part 9—General\n\n","sortOrder":31},{"sectionNumber":"88","sectionType":"section","heading":"Delegation by Minister and Treasurer","content":"\t88 Delegation by Minister and Treasurer\n\nThe Minister or the Treasurer may, in writing, delegate to any person any function or power of the Minister or the Treasurer under this Act, other than this power of delegation.\n\nS. 88A inserted by No. 91/1997  \ns. 32, amended by Nos 91/1998 s. 20(1), 39/1999 s. 25(1), 2/2004 s. 9, repealed by No. 73/2005 s. 4(Sch. 2 item 3.11).\n\nS. 88B inserted by No. 91/1997  \ns. 32, amended by No. 40/1998 s. 29, repealed by No. 73/2005 s. 4(Sch. 2 item 3.11).\n\nS. 88C inserted by No. 91/1997  \ns. 32, repealed by No. 73/2005 s. 4(Sch. 2 item 3.11).\n\n","sortOrder":32},{"sectionNumber":"89","sectionType":"section","heading":"Validity of things done under this Act","content":"\t89 Validity of things done under this Act\n\nS. 89(1) amended by No. 91/1997  \ns. 33(a).\n\n(1) Nothing effected or to be effected by this Act or done or suffered under this Act (including without limitation the transfer or vesting of any property, rights or liabilities in accordance with Part 7)—\n\n(a) is to be regarded as placing any person in breach of contract or confidence or as otherwise making any person guilty of a civil wrong; or\n\n(b) is subject to compliance with or is to be regarded as placing any person in breach of or as constituting a default under any Act or other law or obligation or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision or obligation prohibiting, restricting or regulating the assignment, transfer, sale or disposal of any property or the disclosure of any information; or\n\n(c) is to be regarded as fulfilling any condition which allows a person to exercise a power, right or remedy in respect of or to terminate any agreement or obligation; or\n\n(d) is to be regarded as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument because of a change in the beneficial or legal ownership of any asset, right or liability; or\n\n(g) releases any surety or other obligee wholly or in part from any obligation.\n\n(2) The validity of any act or transaction of a gas corporation or its chief executive officer must not be called in question in any proceedings on the ground that any provision of this Act or the **Gas and Fuel Corporation Act 1958** had not been complied with.\n\n(3) For the avoidance of doubt, ***contract***, in this section, includes without limitation each agreement, contract or document referred to in Schedule 4.\n\nS. 90 repealed by No. 73/2005 s. 4(Sch. 2 item 3.11).\n\nS. 90A inserted by No. 31/1995  \ns. 42.\n\n","sortOrder":33},{"sectionNumber":"90A","sectionType":"section","heading":"Saving of contracts","content":"\t90A Saving of contracts\n\nNeither this Act, nor the **Gas and Fuel Corporation (Repeal) Act 1995** nor the repeal of section 102 of the **Gas and Fuel Corporation Act 1958** varies any rights referred to in that section.\n\nS. 91 amended by Nos 80/1995  \ns. 9(1), 39/1999 s. 30(b), repealed by No. 32/2001 s. 19.\n\nS. 92 amended by No. 80/1995  \ns. 9(2)(3), repealed by No. 32/2001 s. 19.\n\nSs 93, 94 repealed by No. 73/2005 s. 4(Sch. 2 item 3.11).\n\nS. 95 amended by No. 91/1997  \ns. 33(b), repealed by No. 2/2004 s. 10.\n\nS. 96 amended by Nos 91/1997  \ns. 33(b), 2/2004 s. 11, repealed by No. 73/2005 s. 4(Sch. 2 item 3.11).\n\nS. 96A inserted by No. 31/1995  \ns. 43, amended by Nos 91/1997 s. 33(b), 40/1998 s. 30, 39/1999 s. 23, 2/2004 s. 12, 39/2005 s. 57, repealed by No. 73/2005 s. 4(Sch. 2 item 3.11).\n\nS. 97 amended by No. 91/1997  \ns. 33(c)(d), repealed by No. 73/2005 s. 4(Sch. 2 item 3.11).\n\nSs 98, 99  \nrepealed by No. 91/1997  \ns. 33(e).\n\n","sortOrder":34},{"sectionNumber":"100","sectionType":"section","heading":"Treasurer may give guarantee","content":"\t100 Treasurer may give guarantee\n\nS. 100(1) substituted by No. 91/1997  \ns. 34(1).\n\n(1) The Treasurer may, on behalf of the Government of Victoria, execute a guarantee, on such terms and conditions as the Treasurer determines, in favour of any person guaranteeing the due satisfaction of amounts that become payable by a public gas company under section 19(1) or 88B(1) or because of Part 7 or of amounts that become payable, and of other actions required to be performed, as a result of, or in connection with, the discharge of liabilities or the performance of obligations of a public gas company.\n\n(2) Any sums required by the Treasurer in fulfilling any liability arising under a guarantee given under this section shall be paid out of the Consolidated Fund, which is to the necessary extent appropriated accordingly.\n\nS. 100(3) amended by No. 91/1997  \ns. 34(2).\n\n(3) Any sums received or recovered by the Treasurer from a public gas company or otherwise in respect of any sum paid by the Treasurer under a guarantee shall be paid into the Consolidated Fund.\n\nS. 100(4) inserted by No. 91/1998 s. 20(2), repealed by No. 39/1999 s. 29(a).\n\nS. 101 amended by No. 91/1997  \ns. 35, repealed by No. 73/2005 s. 4(Sch. 2 item 3.11).\n\nS. 101A inserted by No. 91/1997  \ns. 36, amended by No. 91/1998 s. 20(3) (ILA s. 39B(1)).\n\n","sortOrder":35},{"sectionNumber":"101A","sectionType":"section","heading":"Exemption from Freedom of Information Act 1982","content":"\t101A Exemption from Freedom of Information Act 1982\n\n(1) A public gas company is not, and is not eligible to be declared to be, an agency or prescribed authority within the meaning of the **Freedom of Information Act 1982**.\n\nS. 101A(2) inserted by No. 91/1998 s. 20(3), substituted by No. 39/1999 s. 25(2).\n\n(2) In this section, ***public gas company*** includes Gas Services Business Pty Ltd A.C.N. 079 089 277.\n\nS. 101B inserted by No. 40/1998  \ns. 31, amended by No. 91/1998 s. 21(1) (ILA s. 39B(1)).\n\n","sortOrder":36},{"sectionNumber":"101B","sectionType":"section","heading":"Supreme Court—limitation of jurisdiction","content":"\t101B Supreme Court—limitation of jurisdiction\n\nS. 101B(1) repealed by No. 73/2005 s. 4(Sch. 2 item 3.11).\n\nS. 101B(2) inserted by No. 91/1998 s. 21(1).\n\n(2) It is the intention of sections 16I, 16J, 62L, 149B and 149C to alter or vary section 85 of the **Constitution Act 1975**.\n\nS. 101B(3) inserted by No. 39/1999 s. 26, repealed by No. 73/2005 s. 4(Sch. 2 item 3.11).\n\nS. 102 amended by Nos 36/1997 s. 16, 91/1997 s. 37, 99/1997 s. 119(3), 31/1998 s. 25(h), 39/1999 s. 24, substituted by No. 32/2001 s. 20.\n\n","sortOrder":37},{"sectionNumber":"102","sectionType":"section","heading":"Regulations","content":"\t102 Regulations\n\n(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.\n\n(2) The regulations are subject to disallowance by a House of the Parliament.\n\n","sortOrder":38},{"sectionNumber":"Part 10","sectionType":"part","heading":"Transitional","content":"Part 10—Transitional\n\nS. 103 amended by No. 31/1995 s. 44(1)(a), repealed by No. 73/2005 s. 4(Sch. 2 item 3.12).\n\nS. 104 amended by No. 31/1995  \ns. 44(1)(b), repealed by No. 73/2005 s. 4(Sch. 2 item 3.12).\n\nS. 104A inserted by No. 91/1997  \ns. 38, repealed by No. 73/2005 s. 4(Sch. 2 item 3.12).\n\nS. 104B inserted by No. 91/1997  \ns. 38, amended by Nos 91/1998 s. 20(4), 39/1999 s. 29(b), repealed by No. 73/2005 s. 4(Sch. 2 item 3.12).\n\nS. 104C inserted by No. 91/1997  \ns. 39, repealed by No. 73/2005 s. 4(Sch. 2 item 3.12).\n\nS. 105  \nrepealed by No. 99/1997 s. 119(4), new s. 105 inserted by No. 32/2001 s. 21.\n\n","sortOrder":39},{"sectionNumber":"105","sectionType":"section","heading":"Savings and transitional provisions","content":"\t105 Savings and transitional provisions\n\nSchedule 5 has effect.\n\nPt 11 (Heading and ss 106–112) repealed by No. 31/1995 s. 44(3)(a).\n\nPt 12 (Heading and ss 113, 114) repealed by No. 31/1995 s. 44(3)(b).\n\nPt 13 (Heading and s. 115) repealed by No. 73/2005 s. 4(Sch. 2 item 3.13).\n\nPt 13A (Heading and ss 115A–115Q)  \ninserted by No. 91/1997 s. 40.\n\n","sortOrder":40},{"sectionNumber":"Part 13A","sectionType":"part","heading":"Transfer of certain property and staff of nominated public gas companies","content":"Part 13A—Transfer of certain property and staff of nominated public gas companies\n\n","sortOrder":41},{"sectionNumber":"Div 1","sectionType":"division","heading":"Definitions and applications","content":"Division 1—Definitions and applications\n\nS. 115A inserted by No. 91/1997  \n\n","sortOrder":42},{"sectionNumber":"115A","sectionType":"section","heading":"Definitions","content":"\t115A Definitions\n\nS. 115A(1)  \n*former GASCOR subsidiary* inserted by No. 2/2004 s. 13(1).\n\n***former GASCOR subsidiary*** means a company that at any time before 15 September 2003 was—\n\n(a) a PGC all the shares in which were held by GASCOR; or\n\n(b) a PGC all the shares in which were held by a company all the shares in which were held by GASCOR;\n\n***former PGC property*** means property, rights or liabilities of a PGC that, under this Part, have vested in, or become liabilities of another person;\n\n***new employer***, in relation to a transferred PGC employee, means the person by which, by virtue of section 115O, the transferred PGC employee is regarded as being employed with effect from the relevant date;\n\n***PGC*** means a public gas company that is nominated by the Minister under section 115B;\n\n***PGC instrument*** means an instrument (including a legislative instrument other than this Act) subsisting immediately before the relevant date in relation to a PGC—\n\n(a) to which the PGC was a party; or\n\n(b) that was given to or in favour of the PGC; or\n\n(c) that refers to the PGC; or\n\n(i) money is, or may become, payable to or by the PGC; or\n\n(ii) other property is to be, or may become liable to be, transferred to or by the PGC;\n\n***PGC transferee***, in relation to former PGC property, means the person to which the property has been transferred under this Part;\n\nS. 115A(1)  \n*public gas company* inserted by No. 91/1998 s. 20(5), substituted by No. 39/1999 s. 25(3).\n\n***public gas company*** includes Gas Services Business Pty Ltd A.C.N. 079 089 277;\n\n***relevant date***—\n\n(a) in relation to an allocation statement or property, rights or liabilities allocated under an allocation statement, means the date fixed by the Minister under subsection (2) for the purposes of that statement;\n\n(b) in relation to a document referred to in section 115N(1), means a date fixed by the Minister under subsection (2) for the purposes of that document;\n\n***transferred PGC employee*** means a person who, by virtue of section 115O, is regarded as being employed by a new employer with effect from the relevant date;\n\n***transferor company*** means a public gas company.\n\n(2) The Minister may, by notice published in the Government Gazette—\n\n(a) fix a relevant date for the purposes of an allocation statement under section 115C;\n\n(b) fix a relevant date for the purposes of a document referred to in section 115N(1).\n\nS. 115B inserted by No. 91/1997  \ns. 40, amended by No. 40/1998  \ns. 33, repealed by No. 73/2005 s. 4(Sch. 2 item 3.14).\n\n","sortOrder":43},{"sectionNumber":"Div 2","sectionType":"division","heading":"Allocation of property","content":"Division 2—Allocation of property\n\nS. 115C inserted by No. 91/1997  \ns. 40, amended by No. 40/1998 s. 32, repealed by No. 73/2005 s. 4(Sch. 2 item 3.14).\n\nS. 115D inserted by No. 91/1997  \n\n","sortOrder":44},{"sectionNumber":"115D","sectionType":"section","heading":"Certificate of chief executive officer","content":"\t115D Certificate of chief executive officer\n\n(1) A certificate signed by the chief executive officer of the PGC certifying that property, rights or liabilities of the PGC specified in the certificate have been allocated under the allocation statement to a person so specified is, unless revoked under subsection (2), conclusive evidence—\n\n(a) that the property, rights or liabilities have been so allocated; and\n\n(b) that the property, rights or liabilities vested in or became the property, rights or liabilities of the person on the relevant date.\n\nS. 115D(1A) inserted by No. 2/2004 s. 13(2).\n\n(1A) Subsection (1) does not apply to GASCOR or to a former GASCOR subsidiary.\n\nS. 115D(1B) inserted by No. 2/2004 s. 13(2).\n\n(1B) A certificate signed by the relevant person certifying that property, rights or liabilities of GASCOR or of a former GASCOR subsidiary specified in the certificate have been allocated under an allocation statement under this Part to a person so specified is, unless revoked under subsection (2), conclusive evidence—\n\n(a) that the property, rights or liabilities have been so allocated; and\n\n(b) that the property, rights or liabilities vested in or became the property, rights or liabilities of the person on the relevant date.\n\nS. 115D(2) amended by No. 2/2004 s. 13(3).\n\n(2) If the Treasurer and the Minister so direct the chief executive officer of the PGC in writing, the chief executive officer of the PGC must revoke a certificate given under this section by issuing another certificate or certificates in place of the first certificate.\n\n(3) The chief executive officer—\n\n(b) must make the register reasonably available for inspection by an interested person.\n\nS. 115D(4) inserted by No. 2/2004 s. 13(4).\n\n(4) In subsections (2) and (3), a reference to the chief executive officer of the PGC is, in the case of GASCOR or a former GASCOR subsidiary, to be taken to be a reference to the relevant person.\n\nS. 115D(5) inserted by No. 2/2004 s. 13(4).\n\n(5) Nothing in subsection (1A), (1B) or (4) affects the evidentiary value of a certificate issued under subsection (1) before the commencement of the **Gas Industry (Residual Provisions) (Amendment) Act 2004**, but any such certificate may be revoked under subsection (2).\n\nS. 115D(6) inserted by No. 2/2004 s. 13(4).\n\n(6) The requirement on the relevant person under subsection (3) to keep and make available a register includes the requirement to keep and make available any register kept under this section in respect of GASCOR or a former GASCOR subsidiary before the commencement of the **Gas Industry (Residual Provisions) (Amendment) Act 2004**.\n\nS. 115D(7) inserted by No. 2/2004 s. 13(4).\n\n(7) In this section ***relevant person*** means—\n\nS. 115D(7)(a) amended by No. 11/2024 s. 95.\n\n(a) the Administrator within the meaning of the **Electricity Industry (Residual Provisions) Act 1993**; or\n\n(b) such other person as the Treasurer may appoint by an instrument in writing for the purposes of this section.\n\n","sortOrder":45},{"sectionNumber":"Div 3","sectionType":"division","heading":"Transfer of property","content":"Division 3—Transfer of property\n\nSs 115E–115J inserted by No. 91/1997  \ns. 40, repealed by No. 73/2005 s. 4(Sch. 2 item 3.14).\n\nS. 115K inserted by No. 91/1997  \n\n","sortOrder":46},{"sectionNumber":"115K","sectionType":"section","heading":"Amendment of Register","content":"\t115K Amendment of Register\n\n(1) The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument and certificate of the chief executive officer of the PGC, must make any amendments in the Register that are necessary because of the operation of this Part.\n\nS. 115K(2) repealed by No. 85/1998 s. 24(Sch. item 29.2), new s. 115K(2) inserted by No. 39/1999 s. 27.\n\n(2) Despite subsection (1), it is not necessary to produce a certificate of title in the case of a request for amendment to the Register in relation to transferred property that is an easement registered under the **Transfer of Land Act 1958**.\n\nS. 115K(3) repealed by No. 85/1998 s. 24(Sch. item 29.2), new s. 115K(3) inserted by No. 2/2004 s. 13(5).\n\n(3) In this section, a reference to the certificate of the chief executive officer of the PGC, includes, in the case of GASCOR or a former GASCOR subsidiary, a reference to the certificate of the relevant person given under section 115D.\n\nS. 115L inserted by No. 91/1997  \n\n","sortOrder":47},{"sectionNumber":"115L","sectionType":"section","heading":"Evidence","content":"\t115L Evidence\n\n(1) Documentary or other evidence that would have been admissible for or against the interests of the PGC in relation to former PGC property if this Part had not been enacted, is admissible for or against the interests of the PGC transferee.\n\n(2) Division 3A of Part III of the **Evidence Act 1958** continues to apply with respect to the books of account of the PGC and to entries made in those books of account before the relevant date, whether or not they relate to former PGC property.\n\n(3) In subsection (2), ***books of account*** has the same meaning as in Division 3A of Part III of the **Evidence Act 1958**.\n\nS. 115M inserted by No. 91/1997  \n\n","sortOrder":48},{"sectionNumber":"115M","sectionType":"section","heading":"Validity of things done under this Part","content":"\t115M Validity of things done under this Part\n\n(1) Nothing effected by this Part or done or suffered under this Part or the cessation of carrying on business by a PGC—\n\n(a) is to be regarded as placing the PGC, the State, a Minister or another person in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or\n\n(b) is to be regarded as placing any of them in breach of or as constituting a default under any Act or other law or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or\n\n(c) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or\n\n(d) is to be regarded as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument because of a change in the beneficial or legal ownership of any asset, right or liability; or\n\n(g) releases any surety or other obligee wholly or in part from any obligation.\n\n(2) The validity of any act or transaction of a PGC must not be called in question in any proceedings on the ground that any provision of this Act had not been complied with.\n\nPt 13A Div. 4 (Heading and ss 115N–115P) inserted by No. 91/1997 s. 40, amended by No. 39/1999 s. 28, repealed by No. 73/2005 s. 4(Sch. 2 item 3.15).\n\nDivision 5—Permits and licences under Pipelines Act 1967\n\nS. 115Q inserted by No. 91/1997  \n\n","sortOrder":49},{"sectionNumber":"115Q","sectionType":"section","heading":"Pipelines","content":"\t115Q Pipelines\n\n(1) If former PGC property includes a pipeline or part of a pipeline (***the transferred pipeline***) to which a permit or licence under the **Pipelines Act 1967** applies, on the relevant date in relation to the relevant allocation statement—\n\n(a) the PGC transferee is deemed to be the holder of a permit under that Act to own and use, and a licence under that Act to operate, the transferred pipeline on the same terms and conditions (with such amendments as are necessary for their application to the transferred pipeline) and for the same period as those applicable to the PGC; and\n\n(b) any permits or licences relating wholly or in part to the transferred pipeline held by the PGC under that Act are, by force of this section, varied or cancelled to the extent necessary as a result of paragraph (a).\n\n(2) As soon as practicable after the relevant date in relation to the relevant allocation statement, the Minister—\n\n(a) must issue to the PGC transferee permit and licence documents that comply with subsection (1)(a); and\n\n(b) must vary or cancel permit and licence documents, or issue permit and licence documents, so that the PGC has permit and licence documents that comply with subsection (1).\n\n(3) Subject to subsection (4), the **Pipelines Act 1967** does not apply to—\n\n(a) a permit or licence referred to in subsection (1)(a); or\n\n(b) the issue, under subsection (2), of a permit or licence document; or\n\n(c) the cancellation of a permit or licence by force of subsection (1)(b).\n\n(4) The **Pipelines Act 1967** applies on and from the relevant date to—\n\n(a) the renewal, transfer, amendment or cancellation of a permit or licence referred to in subsection (1)(a), and to any new permit or licence issued on or after the expiry of that permit or licence; and\n\n(b) the renewal, transfer, amendment or cancellation of a permit or licence referred to in subsection (3) and to any new permit or licence issued on or after the expiry of that permit or licence; and\n\n(c) the transfer of an interest in the transferred pipeline, other than a transfer under this Part; and\n\n(d) the construction, reconstruction, alteration, repair, maintenance, operation and use of the transferred pipeline.\n\n(5) Despite subsection (4), nothing in the **Pipelines Act 1967** requires a gas company to be the holder of a permit or licence under that Act by reason only of using a pipeline that the gas company does not own or construct.\n\nPt 13B  \n(Heading and ss 115R, 115S)  \n\n","sortOrder":50},{"sectionNumber":"Part 13B","sectionType":"part","heading":"Provisions relating to privatisation","content":"Part 13B—Provisions relating to privatisation\n\nS. 115R inserted by No. 91/1997  \ns. 40, amended by Nos 91/1998 s. 20(6), 39/1999 s. 25(4), repealed by No. 73/2005 s. 4(Sch. 2 item 3.16).\n\nS. 115S inserted by No. 91/1997  \ns. 40, amended by No. 91/1998 s. 20(7) (ILA s. 39B(1)).\n\n","sortOrder":51},{"sectionNumber":"115S","sectionType":"section","heading":"Freedom of Information Act 1982","content":"\t115S Freedom of Information Act 1982\n\n(1) The **Freedom of Information Act 1982** does not apply to a document to the extent to which the document discloses information about—\n\n(a) the identity of any person expressing an interest in purchasing, or making an offer to purchase, any shares in a public gas company or any property or rights of such a company; or\n\n(b) the terms of any expression of interest or offer referred to in paragraph (a).\n\nS. 115S(2) inserted by No. 91/1998 s. 20(7), substituted by No. 39/1999 s. 25(5).\n\n(2) In this section, ***public gas company*** includes Gas Services Business Pty Ltd A.C.N. 079 089 277.\n\nPt 14 (Heading and ss 116–149) inserted by No. 36/1997 s. 17, amended by Nos 46/1998 s. 7(Sch. 1), 91/1998 s. 22, repealed by No. 99/1997 s. 119(5), new Pt 14 (Heading and ss 116–127) inserted by No. 51/2002 s. 3.\n\n","sortOrder":52},{"sectionNumber":"Part 14","sectionType":"part","heading":"Transfer of certain property of GASCOR","content":"Part 14—Transfer of certain property of GASCOR\n\nNew s. 116 inserted by No. 51/2002 s. 3.\n\n","sortOrder":53},{"sectionNumber":"116","sectionType":"section","heading":"Definitions","content":"\t116 Definitions\n\n***former GASCOR property*** means the Longford assets and Longford liabilities that, under section 119, have vested in, or become liabilities of, the transferee;\n\n***GASCOR*** means GASCOR Pty Ltd ACN 085 262 773;\n\nS. 116(1)  \n*GASCOR contractual rights* amended by No. 18/2005 s. 18(Sch. 1 item 47).\n\n***GASCOR contractual rights*** means the rights of GASCOR arising out of or under—\n\n(a) any contract of insurance entered into by GASCOR on or before 10 December 1999 that includes public liability or professional indemnity insurance; or\n\n(b) any chose in action, indemnity, remedy, right of compensation or other right in respect of Longford liabilities under any contract; or\n\n(c) any contract under which GASCOR has retained a law practice or an Australian legal practitioner (within the meaning of the **Legal Profession Act 2004**) to provide legal services in connection with the Longford proceedings;\n\n***GASCOR instrument*** means an instrument (including a legislative instrument other than this Part) subsisting immediately before the relevant date in relation to GASCOR—\n\n(a) to which GASCOR was a party; or\n\n(b) that was given to or in favour of GASCOR; or\n\n(c) that refers to GASCOR; or\n\n(i) money is, or may become payable to or by GASCOR; or\n\n(ii) other property is to be, or may become liable to be, transferred to or by GASCOR;\n\n***Longford assets*** means—\n\n(a) GASCOR contractual rights; and\n\n(b) other Longford rights; and\n\n(c) all documents and records in the possession, custody or control of GASCOR relating to the Longford proceedings;\n\n***Longford liabilities*** means any liabilities of GASCOR arising out of or in connection with—\n\n(a) the Longford proceedings; or\n\n(b) the fire and explosions that occurred at the gas processing plant at Longford on 25 September 1998;\n\n***Longford proceedings*** means—\n\n(a) proceeding No. 5538 of 2001 and proceeding No. 5975 of 2001 in the Supreme Court (***the initial proceedings***); and\n\n(b) the claims by Esso Australia Pty Ltd (ACN 000 018 566) and Esso Australia Resources Pty Ltd (ACN 091 829 819) for contribution or indemnity from GASCOR in the Third Party Notice Statement of Claim dated 7 June 2001 in proceeding No. 5538 of 2001 (***the initial third party claims***); and\n\n(c) any other proceedings where—\n\n(i) a cause of action is the same or substantially similar to a cause of action in the initial proceedings or the initial third party claims; and\n\n(ii) the facts, matters and circumstances relied on in the proceedings are similar to the facts, matters and circumstances relied on in the initial proceedings or the initial third party claims; and\n\n(d) any appeal from the proceedings referred to in paragraph (a), (b) or (c);\n\n***other Longford rights*** means the rights of GASCOR (other than GASCOR contractual rights)—\n\n(a)  that arise out of any duty that a fiduciary  owes to GASCOR in relation to or in connection with the Longford proceedings;\n\n(b) under any Act or law relating to confidentiality or privilege and that arise out of or in connection with the Longford proceedings;\n\n(c) to any amount of costs, damages or compensation arising in relation to or in connection with the Longford proceedings;\n\n(d) to contribution or indemnity in respect of a Longford liability;\n\n***relevant date*** means the date fixed by the Minister under subsection (2) for the purposes of this Part;\n\n***transferee*** means the person nominated under section 118;\n\n(2) The Minister may, by notice published in the Government Gazette, fix the relevant date for the purposes of this Part.\n\nNew s. 117 inserted by No. 51/2002 s. 3.\n\n","sortOrder":54},{"sectionNumber":"117","sectionType":"section","heading":"Purpose of Part","content":"\t117 Purpose of Part\n\n(1) It is the intention of this Part to provide for the transfer as a bundle in one transaction of the whole of the Longford assets and Longford liabilities to a person nominated by the Minister under this Part.\n\n(2) This section has effect despite anything to the contrary in section 6 of the **Interpretation of Legislation Act 1984**.\n\nNew s. 118 inserted by No. 51/2002 s. 3.\n\n","sortOrder":55},{"sectionNumber":"118","sectionType":"section","heading":"Nomination of transferee","content":"\t118 Nomination of transferee\n\nThe Minister may by notice in writing to GASCOR nominate a person as the transferee for the purposes of this Part.\n\nNew s. 119 inserted by No. 51/2002 s. 3.\n\n","sortOrder":56},{"sectionNumber":"119","sectionType":"section","heading":"Transfer of Longford assets and Longford liabilities","content":"\t119 Transfer of Longford assets and Longford liabilities\n\nOn the relevant date—\n\n(a) the Longford assets vest in the transferee; and\n\n(b) the Longford liabilities become liabilities of the transferee.\n\nNew s. 120 inserted by No. 51/2002 s. 3.\n\n","sortOrder":57},{"sectionNumber":"120","sectionType":"section","heading":"Assets and liabilities to vest subject to encumbrances","content":"\t120 Assets and liabilities to vest subject to encumbrances\n\nOn the Longford assets and Longford liabilities vesting in or becoming liabilities of the transferee under section 119—\n\n(a) the Longford assets so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting; and\n\n(b) the rights to which GASCOR was entitled in respect of the Longford liabilities immediately before they ceased to be liabilities of GASCOR vest in the transferee.\n\nNew s. 121 inserted by No. 51/2002 s. 3.\n\n","sortOrder":58},{"sectionNumber":"121","sectionType":"section","heading":"Certificate of chief executive officer","content":"\t121 Certificate of chief executive officer\n\n(1) A certificate signed by the chief executive officer of the transferee certifying that property, rights or liabilities of GASCOR specified in the certificate have been vested in or become liabilities of the transferee under section 119 is, unless revoked under subsection (2), conclusive evidence—\n\n(a) that the property, rights or liabilities have been so vested or become liabilities of the transferee; and\n\n(b) that the property, rights or liabilities vested in or became the property, rights or liabilities of the transferee on the relevant date.\n\n(2) If the Treasurer and the Minister so direct the chief executive officer of the transferee in writing, the chief executive officer must revoke a certificate given under subsection (1) by issuing another certificate or certificates in place of the first certificate.\n\n(3) The chief executive officer of the transferee—\n\n(b) must make the register reasonably available for inspection by GASCOR or any other interested person.\n\nNew s. 122 inserted by No. 51/2002 s. 3.\n\n","sortOrder":59},{"sectionNumber":"122","sectionType":"section","heading":"Substitution of party to agreement","content":"\t122 Substitution of party to agreement\n\nOn the rights and liabilities of GASCOR under an agreement vesting in, or becoming liabilities of, the transferee on the relevant date in accordance with section 119—\n\n(a) the transferee becomes a party to the agreement in place of GASCOR; and\n\n(b) the agreement has effect on and after the relevant date as if the transferee had always been a party to the agreement.\n\nNew s. 123 inserted by No. 51/2002 s. 3.\n\n","sortOrder":60},{"sectionNumber":"123","sectionType":"section","heading":"GASCOR instruments","content":"\t123 GASCOR instruments\n\nEach GASCOR instrument relating to former GASCOR property continues to have effect according to its tenor on and after the relevant date as if a reference in the instrument to GASCOR were a reference to the transferee.\n\nNew s. 124 inserted by No. 51/2002 s. 3.\n\n","sortOrder":61},{"sectionNumber":"124","sectionType":"section","heading":"Longford proceedings","content":"\t124 Longford proceedings\n\n(1) This section applies on the Longford assets and Longford liabilities vesting in or becoming liabilities of the transferee under section 119.\n\n(2) If, immediately before the relevant date, any Longford proceedings were pending or existing, then on and after the relevant date—\n\n(a) the transferee is substituted for GASCOR as a party to the Longford proceedings; and\n\n(b) the transferee has the same rights in the Longford proceedings as GASCOR had; and\n\n(c) all things done in the course of the Longford proceedings before the relevant date shall have the same effect in relation to the transferee as they had in relation to GASCOR.\n\nNew s. 125 inserted by No. 51/2002 s. 3.\n\n","sortOrder":62},{"sectionNumber":"125","sectionType":"section","heading":"Taxes","content":"\t125 Taxes\n\nNo duty or other tax is chargeable under any Act in respect of anything effected by or done under this Part or in respect of any act or transaction connected with or necessary to be done by reason of this Part.\n\nNew s. 126 inserted by No. 51/2002 s. 3.\n\n","sortOrder":63},{"sectionNumber":"126","sectionType":"section","heading":"Evidence","content":"\t126 Evidence\n\n(1) Documentary or other evidence that would have been admissible for or against the interests of GASCOR in relation to former GASCOR property if this Part had not been enacted, is admissible for or against the interests of the transferee.\n\nS. 126(2) amended by No. 69/2009 s. 54(Sch. Pt 1 item 28.2).\n\n(2) The **Evidence Act 2008** applies with respect to the books of account of GASCOR and to entries made in those books of account before the relevant date, whether or not they relate to former GASCOR property, as if those books of account and entries were business records.\n\nS. 126(3) repealed by No. 69/2009 s. 54(Sch. Pt 1 item 28.3).\n\nNew s. 127 inserted by No. 51/2002 s. 3.\n\n","sortOrder":64},{"sectionNumber":"127","sectionType":"section","heading":"Validity of things done under this Part","content":"\t127 Validity of things done under this Part\n\n(1) Nothing effected by this Part or done or suffered under this Part—\n\n(a) is to be regarded as placing any person in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or\n\n(b) is to be regarded as placing any person in breach of or as constituting a default under any Act or other law or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or\n\n(c) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or\n\n(d) is to be regarded as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument because of a change in the beneficial or legal ownership of any asset, right or liability; or\n\n(g) releases any surety or other obligor wholly or in part from any obligation.\n\n(2) The validity of any act or transaction of GASCOR, the transferee or the chief executive officer of the transferee must not be called in question in any proceedings on the ground that any provision of this Part has not been complied with.\n\nPt 15 (Heading and ss 150–173) inserted by No. 40/1998  \ns. 34, amended by Nos 39/1999 s. 30(c), 58/1999 s. 4(b), repealed by No. 32/2001 s. 22.\n\nSchedules\n\nSch. 1 amended by No. 46/1998 s. 7(Sch. 1), repealed by No. 2/2004 s. 14.\n\nSch. 1A inserted by No. 91/1997  \ns. 41, repealed by No. 32/2001 s. 23.\n\nSch. 2 amended by Nos 31/1995  \ns. 44(4)(5), 58/1999 s. 4(c), repealed by No. 40/1998 s. 6(1)(g).\n\nSch. 3 repealed by No. 73/2005 s. 4(Sch. 2 item 3.17).\n\nSchedule 4—Certain property, rights and liabilities transferred to GASCOR\n\nPart A—Agreements, contracts and documents\n\nThe following agreements contracts or documents:\n\n1. Agreement dated 15 March 1969 between Esso Exploration and Production Australia Inc. (\"Esso\"), Hematite Petroleum Proprietary Limited (\"Hematite\") and GFCV (known as \"Main Agreement\")\n\nSch. 4 Pt A cl. 1A  \ninserted by No. 31/1995 s. 44(6).\n\n1A. Franchise Agreement dated 15 March 1969 between Esso, Hematite and GFCV\n\n2. Franchise Agreement dated 15 March 1969 between Esso, Hematite and The Colonial Gas Association Limited\n\n3. Agreement dated 15 March 1969 between Esso, Hematite and The Colonial Gas Association Limited\n\n4. Agreement dated 15 March 1969 between Esso, Hematite and The Gas Supply Company Ltd\n\n5. Agreement dated 15 March 1969 between Esso, Hematite and The Geelong Gas Company\n\n6. Amalgamated Agreement dated 1 January 1974 between Esso, Hematite and GFCV\n\n7. Contract dated 1 January 1975 between Esso, Hematite and GFCV (known as \"Natural Gas Sales Agreement\")\n\n8. Supplemental Agreement dated 29 December 1981 between Esso, Hematite and GFCV concerning the supply of gas to the Albury Gas Company Limited\n\n9. Deed of Settlement dated 13 May 1983 between Esso, Hematite and GFCV\n\n10. Deed of Amendment dated 9 December 1983 between Esso, BHP Petroleum Pty Ltd (\"BHPP\") and GFCV\n\n11. Deed dated 14 February 1986 between Esso, BHPP and GFCV\n\n12. Heads of Agreement set out in a letter dated 6 June 1991 from BHPP and Esso Australia Limited and accepted on behalf of GFCV\n\n13. Letter dated 17 December 1991 from BHPP and Esso Australia Limited to GFCV and accepted on behalf of GFCV\n\n14. Letter dated 29 June 1992 from BHPP and Esso Australia Limited to GFCV and accepted on behalf of GFCV\n\n15. Any agreement whether written, oral or to be implied between Esso Australia Resources Ltd, BHP Petroleum (North West Shelf) Pty Ltd, GFCV and Southern Natural Gas Development Proprietary Limited relating to gas transportation between those parties and incorporating in whole or in part the terms of draft number 13 dated 28 October 1993\n\n16. Letter dated 30 June 1992 from BHPP and Esso Australia Limited to GFCV and accepted on behalf of GFCV\n\neach to the extent (if any) that it is in force on the date on which section 65 commences and to the extent it has been amended varied or replaced from time to time and to the extent any person has been substituted for a specified party.\n\nPart B—Further agreements, contracts and documents\n\nThe following agreements contracts or documents:\n\n1. Agreement for Sale of Business relating to Heatane Gas Division Sale dated 14 May 1993 between GFCV and Elgas Limited (\"Elgas\")\n\n2. LPG Supply Agreement for Towns within Western Region, Natural Gas Division, Gas and Fuel Corporation of Victoria dated 14 May 1993 between GFCV and Elgas\n\neach to the extent (if any) that it is in force on the date on which section 65 commences and to the extent it has been amended varied or replaced from time to time and to the extent any person has been substituted for a specified party.\n\nPart C—Easements\n\nAll of the easements, rights or privileges of GFCV of the sort described in sub-section 30AB (1) of the **Gas and Fuel Corporation Act 1958** (other than the easements, rights or privileges referred to in paragraph 3(c)(ii) of Schedule 2).\n\nAll easements, rights and privileges transferred to GASCOR are appurtenant to the land vested in GASCOR from time to time and to every part of that land and are not required for the accommodation of any particular land or any part of any particular land.\n\nSch. 5 repealed by No. 31/1995  \ns. 44(7), new Sch. 5 inserted by No. 32/2001 s. 24.\n\nSchedule 5—Savings and transitional provisions\n\n\t1 Definition\n\nIn this Schedule—\n\n***old Act*** means the **Gas Industry Act 1994**.\n\n\t2 General transitional provisions\n\n(1) This Schedule does not affect or take away from the **Interpretation of Legislation Act 1984**.\n\n(2) Without limiting subclause (1), in declaring that certain provisions of the **Gas Industry Act 2001** are to be treated as re-enacting with modifications certain provisions of the old Act, this Schedule must not be taken to—\n\n(a) limit the operation of any provision of the **Interpretation of Legislation Act 1984** relating to the re-enactment; or\n\n(b) be an exhaustive list of the provisions of the old Act re-enacted by the **Gas Industry Act 2001**.\n\n(3) This Schedule applies despite anything to the contrary in any other provision of this Act or the **Gas Industry Act 2001**.\n\n\t3 Re-enacted provisions\n\nA provision of the old Act specified in Column 1 of the Table is deemed to be re‑enacted (with modifications) by the provision of the **Gas Industry Act 2001** appearing opposite in Column 2 of the Table.\n\n**TABLE**\n\n| *Old Provision* | *New Provision* |\n| section 5C | section 15 |\n| section 5D | section 16 |\n| section 6D | section 19 |\n| section 8A | section 17 |\n| section 8B | section 18 |\n| section 16H | section 186 |\n| section 16HA | section 187 |\n| Part 2A | Division 5 of Part 8 |\n| section 32 | section 232 |\n| section 33 | section 233 |\n| Part 3A | Part 5 |\n| section 48AA | section 21 |\n| section 48B | section 22 |\n| section 48BA | section 23 |\n| section 48C | section 24 |\n| section 48D | section 25 |\n| section 48E | section 26 |\n| section 48F(1) (2) and (3) | section 28 |\n| section 48F(4) | section 29 |\n| section 48F(5) | section 30 |\n| section 48F(6) and (7) | section 31 |\n| section 48G | section 34 |\n| section 48FA | section 36 |\n| section 48GA | section 33 |\n| section 48GC | section 35 |\n| section 48H | section 38 |\n| section 48I | section 39 |\n| section 48J | section 41 |\n| section 48K | section 40 |\n| *Old Provision* | *New Provision* |\n| Division 2A of Part 4A | Division 4 of Part 3 |\n| Division 2B of Part 4A | Division 2 of Part 4 |\n| Division 3A of Part 4A | Division 5 of Part 3 |\n| section 48TA | section 200 |\n| section 48TB | section 201 |\n| section 50 | section 141 |\n| section 51 | section 142 |\n| section 51B | section 144 |\n| section 52(2) | section 145 |\n| section 53 | section 148 |\n| section 54 | section 149 |\n| section 55 | section 150 |\n| section 58 | section 151 |\n| section 59 | section 152 |\n| section 60A | section 146 |\n| section 62 | section 147 |\n| Part 6A | Divisions 1 and 2 of Part 9 |\n| Part 6AA | Division 3 of Part 9 |\n| section 62PA | section 53 |\n| section 91 | section 154 |\n| section 92 | section 155 |\n| Part 15 | Part 6 |\n| Schedule 1A | Schedule |\n\n","sortOrder":65},{"sectionNumber":"4","sectionType":"section","heading":"Superseded references to old Act","content":"\t4 Superseded references to old Act\n\nOn the commencement of this clause, in any Act (other than this Act or the **Gas Industry Act 2001**), or in any instrument made under any Act or in any other document of any kind a reference to the old Act—\n\n(a) to the extent that the reference relates to a provision of the old Act re-enacted in the **Gas Industry Act 2001**, is deemed to be a reference to the **Gas Industry Act 2001**; and\n\n(b) to the extent that the reference relates to any other provision of the old Act, is deemed to be a reference to the **Gas Industry (Residual Provisions) Act 1994**.\n\n\t5 *Pipeline* under section 3\n\nAn Order made under section 3 of the old Act (definition of ***pipeline***) as in effect immediately before the commencement of this clause continues in effect and is deemed to be an Order under section 9 of the **Gas Industry Act 2001** for the purposes of that Act and may be amended, varied or revoked accordingly.\n\n\t6 *Gaseous fuel* under section 4\n\nAn Order made under section 4 of the old Act as in effect immediately before the commencement of this clause continues in effect and is deemed to be an Order made under section 8 of the **Gas Industry Act 2001** for the purposes of that Act and may be amended, varied or revoked accordingly.\n\n\t7 Orders and agreements under section 5\n\n(1) An Order made under section 5(1) of the old Act as in effect immediately before the commencement of this clause continues in effect and is deemed to be an Order made under section 10 of the **Gas Industry Act 2001** for the purposes of that Act and may be amended, varied or revoked accordingly.\n\n(2) An agreement existing under section 5(2) of the old Act as in effect immediately before the commencement of this clause is deemed to be an agreement under section 13(1) of the **Gas Industry Act 2001** for the purposes of that Act.\n\n(3) An agreement existing under section 5(2A) of the old Act as in effect immediately before the commencement of this clause is deemed to be an agreement under section 13(2) of the **Gas Industry Act 2001** for the purposes of that Act.\n\n(4) An agreement existing under section 5(3) of the old Act as in effect immediately before the commencement of this clause is deemed to be an agreement under section 14(1) of the **Gas Industry Act 2001** for the purposes of that Act.\n\n(5) An agreement existing under section 5(3A) of the old Act as in effect immediately before the commencement of this clause is deemed to be an agreement under section 14(2) of the **Gas Industry Act 2001** for the purposes of that Act.\n\n(6) An Order made under section 5(4)(a) of the old Act as in effect immediately before the commencement of this clause continues in effect and is deemed to be an Order made under section 11 of the **Gas Industry Act 2001** for the purposes of that Act and may be amended, varied or revoked accordingly.\n\n(7) An Order made under section 5(4)(b) of the old Act as in effect immediately before the commencement of this clause continues in effect and is deemed to be an Order made under section 12 of the **Gas Industry Act 2001** for the purposes of that Act and may be amended, varied or revoked accordingly.\n\n\t8 VENCorp\n\n(1) The Victorian Energy Networks Corporation continued under the **Gas Industry Act 2001** is deemed to be the same body as the Victorian Energy Networks Corporation established under the **Gas Industry Act 1994**.\n\n(2) Subject to Part 8 of the **Gas Industry Act 2001**, a director of the board of VENCorp holding office immediately before the commencement of this clause continues to hold that office for the same term and on the same conditions as existed immediately before that commencement.\n\n","sortOrder":66},{"sectionNumber":"9","sectionType":"section","heading":"Authorisation under section 42","content":"\t9 Authorisation under section 42\n\nAn authorisation under section 42 of the old Act as in effect immediately before the commencement of this clause is deemed to be an authorisation made under section 80 of the **Gas Industry Act 2001**.\n\n","sortOrder":67},{"sectionNumber":"10","sectionType":"section","heading":"Orders under section 45G and 45P","content":"\t10 Orders under section 45G and 45P\n\n(1) An Order under section 45G of the old Act as in effect immediately before the commencement of this clause continues in effect and is deemed to be an Order made under section 90 of the **Gas Industry Act 2001** and may be amended or revoked accordingly.\n\n(2) An Order under section 45P of the old Act as in effect immediately before the commencement of this clause continues in effect and is deemed to be an Order made under section 103 of the **Gas Industry Act 2001** and may be amended, varied or revoked accordingly.\n\n","sortOrder":68},{"sectionNumber":"11","sectionType":"section","heading":"Tariff Orders","content":"\t11 Tariff Orders\n\nSch. 5 cl. 11(1) repealed by No. 25/2004 s. 24\n\n(2) The Wimmera and Colac Gas Supply Tariff Order published in the Government Gazette on 17 December 1998, as in effect immediately before the commencement of this clause, continues in effect and may be amended or revoked in accordance with section 20 of the **Gas Industry Act 2001**.\n\n(3) The Order made under section 48AA of the old Act as in effect immediately before the commencement of this clause continues in effect and may be amended or revoked in accordance with section 21 of the **Gas Industry Act 2001**.\n\n","sortOrder":69},{"sectionNumber":"12","sectionType":"section","heading":"Exemptions under section 48C","content":"\t12 Exemptions under section 48C\n\nAn Order under section 48C of the old Act as in effect immediately before the commencement of this clause continues in effect and is deemed to be an Order made under section 24 of the **Gas Industry Act 2001**.\n\n","sortOrder":70},{"sectionNumber":"13","sectionType":"section","heading":"Licences under section 48E","content":"\t13 Licences under section 48E\n\nA licence issued under section 48E of the old Act as in effect immediately before the commencement of this clause is deemed to be a licence issued under section 26 of the **Gas Industry Act 2001**.\n\n","sortOrder":71},{"sectionNumber":"14","sectionType":"section","heading":"Orders under section 48GC","content":"\t14 Orders under section 48GC\n\nAn Order under section 48GC of the old Act as in effect immediately before the commencement of this clause continues in effect and is deemed to be an Order under section 35 of the **Gas Industry Act 2001** and may be amended, varied or revoked accordingly.\n\n","sortOrder":72},{"sectionNumber":"15","sectionType":"section","heading":"Orders under sections 48MA and 48MB","content":"\t15 Orders under sections 48MA and 48MB\n\n(1) An Order under section 48MA of the old Act as in effect immediately before the commencement of this clause continues in effect and is deemed to be an Order under section 42 of the **Gas Industry Act 2001** and may be amended, varied or revoked accordingly.\n\n(2) An Order under section 48MB of the old Act as in effect immediately before the commencement of this clause continues in effect and is deemed to be an Order under section 43 of the **Gas Industry Act 2001** and may be amended, varied or revoked accordingly.\n\n","sortOrder":73},{"sectionNumber":"16","sectionType":"section","heading":"Orders under retail gas market rules","content":"\t16 Orders under retail gas market rules\n\n(1) An Order under section 48MH of the old Act as in effect immediately before the commencement of this clause continues in effect and is deemed to be an Order under section 61 of the **Gas Industry Act 2001** and may be amended, varied or revoked accordingly.\n\n(2) Rules approved under section 48ML of the old Act as in effect immediately before the commencement of this clause continue in effect and are deemed to be rules approved under section 65 of the **Gas Industry Act 2001** and may be amended or revoked accordingly.\n\n(3) An Order under section 48MO of the old Act as in effect immediately before the commencement of this clause continues in effect and is deemed to be an Order under section 68 of the **Gas Industry Act 2001** and may be amended, varied or revoked accordingly.\n\n","sortOrder":74},{"sectionNumber":"17","sectionType":"section","heading":"MSO Rules—Order under section 48N","content":"\t17 MSO Rules—Order under section 48N\n\nThe Order made under section 48N of the old Act on 2 February 1999 as in effect immediately before the commencement of this clause continues in effect and may be amended or revoked in accordance with section 52 of the **Gas Industry Act 2001**.\n\n","sortOrder":75},{"sectionNumber":"18","sectionType":"section","heading":"Order under section 48TA","content":"\t18 Order under section 48TA\n\nAn Order under section 48TA of the old Act as in effect immediately before the commencement of this clause continues in effect and is deemed to be an Order under section 200 of the **Gas Industry Act 2001** and may be amended, varied or revoked accordingly.\n\n","sortOrder":76},{"sectionNumber":"19","sectionType":"section","heading":"Certificates under Part 15","content":"\t19 Certificates under Part 15\n\nSch. 5 cl. 19(1) amended by No. 62/2001 s. 81(c).\n\n(1) A certificate of the Treasurer under section 158 of the old Act as in effect immediately before the commencement of this clause continues in effect and is deemed to be a certificate of the Commission under section 123 of the **Gas Industry Act 2001**.\n\nSch. 5 cl. 19(2) amended by No. 62/2001 s. 81(c).\n\n(2) A certificate of the Treasurer under section 159 of the old Act as in effect immediately before the commencement of this clause continues in effect and is deemed to be a certificate of the Commission under section 124 of the **Gas Industry Act 2001**.\n\n","sortOrder":77},{"sectionNumber":"20","sectionType":"section","heading":"Regulations","content":"\t20 Regulations\n\n(1) The Gas Industry (Appeal Tribunal) Regulations 1999 as in effect immediately before the commencement of this clause continue in effect and are deemed to have been made under the **Gas Industry Act 2001** and may be amended or revoked accordingly.\n\n(2) The Gas Industry (Authorisation) Regulations 1999 as in effect immediately before the commencement of this clause continue in effect and are deemed to have been made under the **Gas Industry Act 2001** and may be amended or revoked accordingly.\n\n(3) The Gas Industry (MSO Rules) Regulations 1999 as in effect immediately before the commencement of this clause continue in effect and are deemed to have been made under the **Gas Industry Act 2001** and may be amended or revoked accordingly.\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n*Minister's second reading speech—*\n\n*Legislative Assembly: 16 November 1994*\n\n*Legislative Council: 2 December 1994*\n\nThe long title for the Bill for this Act was \"A Bill to restructure the gas industry, to amend the **Gas and Fuel Corporation Act 1958** and certain other Acts and for other purposes.\".\n\nThe **Gas Industry Act 1994** was assented to on 20 December 1994 and came into operation as follows:\n\nPart 1 (sections 1–8), section 111 on 20 December 1994: section 2(1); sections 9–32, 49–62, 88–109, 110(c)(e)(k), 112(f)(i)(k)(l), 113, 114, Schedule 1, Schedule 5 items 1.1, 1.3, 3–7, 9, 11 on 20 December 1994; sections 39(1)(3), 40, 41, 46, 47, 63–65, 71–83, Schedules 2–4, Schedule 5 item 2 on 21 December 1994; rest of Act (*except* sections 110(d)(h), 115) on 22 December 1994; section 110(d) on 31 December 1994; section 115 on 23 December 1994: Special Gazette (No. 100) 20 December 1994 page 1; section 110(h) on 20 December 1995: section 2(3).\n\nThe name of this Act was changed from the **Gas Industry Act 1994** to the **Gas Industry (Residual Provisions) Act 1994** by Act No. 32/2001 section 5.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Gas Industry (Residual Provisions) Act 1994** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Gas and Fuel Corporation (Repeal) Act 1995, No. 31/1995** (as amended by No. 74/2000)\n\n| Assent Date: | 6.6.95 |\n| Commencement Date: | Ss 34, 35(1), 44(4)–(6) on 20.12.94: s. 2(2); ss 32, 33, 35(2), 36–44(1)(3)(7) on 21.6.95: Special Gazette (No. 49) 14.6.95 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Gas Industry (Residual Provisions) Act 1994** |\n\n**Gas Industry (Extension of Supply) Act 1995, No. 80/1995**\n\n| Assent Date: | 28.11.95 |\n| Commencement Date: | 28.11.95 |\n\n**Superannuation Acts (Amendment) Act 1996, No. 4/1996**\n\n| Assent Date: | 18.6.96 |\n| Commencement Date: | S. 134(4) on 30.6.96: s. 2(12) |\n| Current State: | This information relates only to the provision/s amending the **Gas Industry (Residual Provisions) Act 1994** |\n\n**Gas Industry (Amendment) Act 1997, No. 36/1997**\n\n| Assent Date: | 3.6.97 |\n| Commencement Date: | Pt 1 (ss 1, 2) on 3.6.97: s. 2(1); ss 3–13, 18, 21 on 3.6.97; rest of Act on 1.7.97: Special Gazette (No. 58) 3.6.97 p. 2 |\n\n**Gas Industry (Further Amendment) Act 1997, No. 91/1997**\n\n| Assent Date: | 9.12.97 |\n| Commencement Date: | S. 30 on 1.7.97: s. 2(2); ss 3, 4, 28, 31 on 9.12.97; ss 5–11, 13–27, 29, 32–36, 37(2)–41 on 11.12.97: Special Gazette (No. 155) 9.12.97 p. 1; s. 37(1) on 1.1.99: s. 2(6) |\n| Current State: | This information relates only to the provision/s amending the **Gas Industry (Residual Provisions) Act 1994** |\n\n**Gas Safety Act 1997, No. 99/1997**\n\n| Assent Date: | 16.12.97 |\n| Commencement Date: | S. 119 on 1.2.99: Government Gazette 21.1.99 p. 80 |\n| Current State: | This information relates only to the provision/s amending the **Gas Industry (Residual Provisions) Act 1994** |\n\n**Gas Pipelines Access (Victoria) Act 1998, No. 31/1998**\n\n| Assent Date: | 19.5.98 |\n| Commencement Date: | S. 25 on 1.7.99: Government Gazette 1.7.99 p. 1521 |\n| Current State: | This information relates only to the provision/s amending the **Gas Industry (Residual Provisions) Act 1994** |\n\n**Gas Industry (Amendment) Act 1998, No. 40/1998**\n\n| Assent Date: | 26.5.98 |\n| Commencement Date: | S. 29 on 11.12.97: s. 2(3); ss 4, 5, 8, 10–12, 14–22, 24–28, 30–34 on 8.6.98: s. 2(2); ss 6, 23 on 1.1.2000: s. 2(5) |\n| Current State: | This information relates only to the provision/s amending the **Gas Industry (Residual Provisions) Act 1994** |\n\n**Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998**\n\n| Assent Date: | 26.5.98 |\n| Commencement Date: | S. 7(Sch. 1) on 1.7.98: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Gas Industry (Residual Provisions) Act 1994** |\n\n**Transfer of Land (Single Register) Act 1998, No. 85/1998**\n\n| Assent Date: | 17.11.98 |\n| Commencement Date: | S. 24(Sch. item 29) on 1.1.99: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Gas Industry (Residual Provisions) Act 1994** |\n\n**Gas Industry Acts (Amendment) Act 1998, No. 91/1998**\n\n| Assent Date: | 24.11.98 |\n| Commencement Date: | Ss 9, 10, 17(3) on 10.6.98: s. 2(2); ss 22, 23 on 25.9.98: s. 2(3); s. 21 on 22.10.98: s. 2(4); ss 8, 17(1)(2)(4) on 24.11.98: s. 2(1): ss 3–7, 11, 12, 13(1), 14–16, 18–20 on 1.12.98: s. 2(6); s. 13(2) on 3.6.99: Government Gazette 3.6.99 p. 1256 |\n| Current State: | This information relates only to the provision/s amending the **Gas Industry (Residual Provisions) Act 1994** |\n\n**Petroleum Act 1998, No. 96/1998**\n\n| Assent Date: | 24.11.98 |\n| Commencement Date: | S. 257(3) on 1.12.99: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Gas Industry (Residual Provisions) Act 1994** |\n\n**Office of the Regulator-General (Amendment) Act 1999, No. 11/1999**\n\n| Assent Date: | 11.5.99 |\n| Commencement Date: | S. 10(1) on 11.5.99: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Gas Industry (Residual Provisions) Act 1994** |\n\n**Electricity Industry Acts (Further Amendment) Act 1999, No. 36/1999**\n\n| Assent Date: | 8.6.99 |\n| Commencement Date: | S. 24 on 8.6.99: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Gas Industry (Residual Provisions) Act 1994** |\n\n**Gas Industry Acts (Further Amendment) Act 1999, No. 39/1999**\n\n| Assent Date: | 8.6.99 |\n| Commencement Date: | S. 14 on 11.12.97: s. 2(2); s. 21 on 2.2.99: s. 2(3); ss 3–8, 10–13, 15–20, 22–30 on 8.6.99: s. 2(1); s. 9 on 1.7.00: s. 2(5) |\n| Current State: | This information relates only to the provision/s amending the **Gas Industry (Residual Provisions) Act 1994** |\n\n**Gas Industry (Amendment) Act 1999, No. 58/1999**\n\n| Assent Date: | 21.12.99 |\n| Commencement Date: | 22.12.99: s. 2 |\n\n**Essential Services Legislation (Dispute Resolution) Act 2000, No. 59/2000**\n\n| Assent Date: | 8.11.00 |\n| Commencement Date: | S. 4 on 13.4.01: Government Gazette 29.3.01 p. 523 |\n| Current State: | This information relates only to the provision/s amending the **Gas Industry (Residual Provisions) Act 1994** |\n\n**Electricity Industry Legislation (Miscellaneous Amendments) Act 2000, No. 69/2000**\n\n| Assent Date: | 21.11.00 |\n| Commencement Date: | Ss 32, 33 on 1.1.01: s. 2(4) |\n| Current State: | This information relates only to the provision/s amending the **Gas Industry (Residual Provisions) Act 1994** |\n\n**Gas Industry Acts (Amendment) Act 2000, No. 91/2000**\n\n| Assent Date: | 5.12.00 |\n| Commencement Date: | S. 4 on 1.9.00: s. 2(2); s. 5 on 20.12.00: Special Gazette (No. 198) 20.12.00 p. 1; ss 3, 6–10, 12, 13 on 12.4.01: Government Gazette 12.4.01 p. 643; s. 15 on 31.12.01: s. 2(4) |\n| Current State: | This information relates only to the provision/s amending the **Gas Industry (Residual Provisions) Act 1994** |\n\n**Gas Industry Legislation (Miscellaneous Amendments) Act 2001, No. 32/2001**\n\n| Assent Date: | 19.6.01 |\n| Commencement Date: | Pt 2 Div. 1 (ss 3, 4) on 20.6.01: s. 2(1); ss 5–24 on 1.9.01: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Gas Industry (Residual Provisions) Act 1994** |\n\n**Corporations (Consequential Amendments) Act 2001, No. 44/2001**\n\n| Assent Date: | 27.6.01 |\n| Commencement Date: | S. 3(Sch. item 56) on 15.7.01: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Gas Industry (Residual Provisions) Act 1994** |\n\n**Essential Services Commission Act 2001, No. 62/2001**\n\n| Assent Date: | 23.10.01 |\n| Commencement Date: | S. 81 on 1.1.02: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Gas Industry (Residual Provisions) Act 1994** |\n\n**Statute Law (Further Revision) Act 2002, No. 11/2002**\n\n| Assent Date: | 23.4.02 |\n| Commencement Date: | S. 3(Sch. 1 item 29) on 24.4.02: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Gas Industry (Residual Provisions) Act 1994** |\n\n**Gas Industry (Residual Provisions) (Amendment) Act 2002, No. 51/2002**\n\n| Assent Date: | 4.11.02 |\n| Commencement Date: | S. 3 on 5.11.02: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Gas Industry (Residual Provisions) Act 1994** |\n\n**Gas Industry (Residual Provisions) (Amendment) Act 2004, No. 2/2004**\n\n| Assent Date: | 27.4.04 |\n| Commencement Date: | 28.4.04: s. 2 |\n\n**Energy Legislation (Regulatory Reform) Act 2004, No. 25/2004**\n\n| Assent Date: | 25.5.04 |\n| Commencement Date: | S. 24 on 30.6.05: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Gas Industry (Residual Provisions) Act 1994** |\n\n**Legal Profession (Consequential Amendments) Act 2005, No. 18/2005**\n\n| Assent Date: | 24.5.05 |\n| Commencement Date: | S. 18(Sch. 1 item 47) on 12.12.05: Government Gazette 1.12.05 p. 2781 |\n| Current State: | This information relates only to the provision/s amending the **Gas Industry (Residual Provisions) Act 1994** |\n\n**Energy Safe Victoria Act 2005, No. 39/2005**\n\n| Assent Date: | 27.7.05 |\n| Commencement Date: | S. 57 on 10.8.05: Special Gazette (No. 147) 9.8.05 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Gas Industry (Residual Provisions) Act 1994** |\n\n**Treasury Legislation (Repeal) Act 2005, No. 73/2005**\n\n| Assent Date: | 25.10.05 |\n| Commencement Date: | S. 4(Sch. 2 item 3) on 26.10.05: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Gas Industry (Residual Provisions) Act 1994** |\n\n**Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009**\n\n| Assent Date: | 24.11.09 |\n| Commencement Date: | S. 54(Sch. Pt 1 item 28) on 1.1.10: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Gas Industry (Residual Provisions) Act 1994** |\n\n**State Electricity Commission Amendment Act 2024, No. 11/2024**\n\n| Assent Date: | 26.3.24 |\n| Commencement Date: | Ss 94, 95 on 1.7.24: Special Gazette (No. 319) 18.6.24 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Gas Industry (Residual Provisions) Act 1994** |\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":78}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Yes. The Act has moved from being a primary statute to restructure the gas industry (originally the Gas Industry Act 1994) to a ‘residual provisions’ statute that preserves and manages legacy transfers, exemptions and transitional arrangements. Subsequent legislation (notably the Gas Industry Act 2001 and multiple amendment Acts) migrated many ongoing regulatory functions out of this Act; what remains are technical transfer/vesting rules, bespoke competition‑law authorisations for specific historic contracts and master agreements, evidentiary and register procedures, limited immunities, FOI exemptions and the Longford bundle transfer mechanics (Parts 7, 13A, 14 and Schedule 5). In short, the scope narrowed from broad sector reform to targeted legacy and transition functions, with concentrated benefits and legal carve‑outs for named parties preserved in place."},"complexity_factors":["Extensive interpretation section with dozens of defined terms (GASCOR, GTC, VENCorp, non‑franchise customer, supply point, specified price/volume/terms provisions etc.) (s 3)","Many Parts and Subparts with cross‑references (Parts 2, 6B, 6C, 7, 13A, 14 and Schedule 5)","Multiple conditional authorisations tied to precise definitions (e.g. specified exclusionary/price/terms/volume provisions in ss 62M, 62Q and application sections 62P, 62T)","Layered assignment/novation/vesting rules with recursive assignment treatment (ss 62N, 62R; Parts 7, 13A, 14)","Certificates treated as conclusive evidence with revocation routes and special ‘relevant person’ rules (ss 71, 115D, 121)","Numerous repeals, amendments and mappings to later legislation (extensive Schedule 5 re‑enactment table)","Evidentiary modifications referencing multiple evidence statutes across time (ss 81, 115L, 126 and later Evidence Act 2008)","Temporal limits and historical dates embedded in rules (staggered commencements, deadlines, and authorisation end date of 31 Dec 2010)"],"plain_english_summary":"**What this Act does, in plain English**\n\n- This Act is a residual, technical statute that mainly deals with the legal leftovers of Victoria’s 1990s gas industry reform program. It sets out definitions, vesting and transfer rules, limited competition-law authorisations for particular historic contracts, certain administrative powers and protections, and transitional arrangements to move rights, assets and liabilities from old public gas bodies into new entities. (See Purpose, s 1; Parts 7, 13A, 14; Schedule 5.)\n\n- Key mechanical effects:\n  - It defines who counts as different kinds of customers and what a “supply point” is for regulatory purposes (see ss 3, 6B, 6C). That determines whether a customer is a franchise or non‑franchise customer and which rules apply to a supply connection.\n  - It makes specific property transfers and vesting rules: selected assets, rights and liabilities of the old Gas and Fuel Corporation and related public gas companies are vested in named successors or transferees (Parts 7, 13A, 14; Schedule 4). Certificates issued by relevant chief executive officers are conclusive evidence of vesting or allocation (see ss 71, 115D, 121). The Registrar of Titles must amend land registers on production of those certificates (ss 79, 115K).\n  - It preserves and deems to continue a range of pre‑existing contracts, easements and instruments so they remain effective after transfers (Schedule 4; ss 61, 123). It also exempts transfers and related transactions from stamp duties and similar taxes (ss 80, 125).\n  - It authorises, for a defined historic period, certain conduct that would otherwise risk breaching Commonwealth competition law (Parts 6B and 6C — ss 62M–62P, 62Q–62T). Those provisions identify particular firms (for example BHP, Esso, named “new retailers” and RCo) and types of contract terms (e.g. “specified price”, “specified terms”, “specified volume” provisions) and state that specified conduct is authorised until 31 December 2010 (see ss 62O, 62S, 62P, 62T).\n  - It gives limited legal protections and immunities to some industry bodies and persons acting in good faith under particular directions (for example VENCorp and its officers — ss 16I–16J).\n  - It creates bespoke rules for ongoing litigation and claims connected with the Longford incident by allowing transfer of the bundle of “Longford assets” and “Longford liabilities” to a Minister‑nominated transferee and substituting that transferee into the proceedings (Part 14, ss 116–127).\n  - It contains administrative and evidentiary rules to ease the transition: evidence rules for books of account (ss 81, 115L, 126), processes for pipeline permits/licences to transfer with pipelines (s 115Q), and savings/transitional mappings to the later Gas Industry Act 2001 (Schedule 5).\n  - It records that the Act binds the Crown and is intended to operate extra‑territorially where possible (ss 7–8). It also enables the Treasurer to give guarantees on behalf of the State in relation to specified public gas company obligations (s 100) and exempts certain companies/documents from Freedom of Information (FOI) (ss 101A, 115S).\n\n**Who is affected**\n\n- Named industry parties and successors: GASCOR, GTC, VENCorp, public gas companies, and specific private parties named in the schedules and definitions (for example BHP, Esso, and specifically listed “new retailers”) — these actors have rights, obligations and authorisations recorded or preserved by the Act (Parts 2, 6B, 6C, Schedule 4).\n- Transferees and transferee employees: entities that receive assets or pipelines and people whose employment transfers under the allocation/transfer rules (Parts 7, 13A — ss 115A–115Q, 115O).\n- Customers and retailers: classification rules for franchise vs non‑franchise customers (s 6B) determine which retail arrangements and historical protections apply to particular consumers or industrial users.\n- Landowners and the Registrar of Titles: easement vesting rules and Registrar obligations for amending title records (s 61; ss 79, 115K).\n- The State and taxpayers: the Treasurer may guarantee public gas company obligations (s 100) — any payment under a guarantee is charged to the Consolidated Fund.\n\n**Why it matters (practical consequences and implementation mechanics)**\n\n- Certainty of title and continuity of contracts: by deeming easements and instruments to continue and by making CEO certificates conclusive evidence of vesting (ss 61, 71, 121), the Act reduces transactional friction when assets and liabilities move between public and private entities. That lowers legal transaction costs for transferees and third parties relying on property and contract continuity, but it concentrates administrative power in officials who issue certificates (see s 71 and s 121).\n\n- Allocation of economic risk: liabilities (including litigation connected to the Longford incident) can be moved to a nominated transferee (Part 14). That substitutes the transferee into ongoing proceedings and allocates both costs and indemnities away from the original public body (ss 119–124). Where the Treasurer gives guarantees (s 100), the public balance sheet may backstop obligations, shifting some contingent fiscal risk to taxpayers.\n\n- Competition‑law carve‑outs for specific arrangements: the Act expressly authorises certain historic contract structures and master agreements that would otherwise risk contravening sections of the Trade Practices Act and Victoria’s Competition Code (Parts 6B and 6C, ss 62O–62P, 62S–62T). The benefit of that authorisation is concentrated (named firms and defined new retailers); the cost is a temporary reduction in competition law constraint for those arrangements during the specified period. The Act links authorisation tightly to specified contract terms (see definitions in s 62M and s 62Q), which creates complex conditional rules for what conduct gets the authorisation.\n\n- Compliance and administrative burden: transferees, registrars and administering ministers are required to process certificates, amend registers, issue or vary pipeline permits and maintain registers (ss 71–79, 115K, 115Q). Gas companies and new retailers must comply with transfer and evidence rules and preserve records for evidentiary use (ss 81, 115L, 126). That produces an administrative workload concentrated on a few public offices (chief executive officers, Minister/Treasurer, Registrar).\n\n- Legal insulation and reduced litigation risk: provisions that prevent acts under the Act from being treated as breaches, defaults or grounds for contract termination (for example s 89 and similar clauses in Parts 13A and 14) reduce the ability of counterparties to use transfers as triggers for remedies. This lowers litigation risk for transferees but limits some contractual rights of third parties (ss 89, 115M, 127).\n\n**Costs, trade‑offs and implementation risks to watch**\n\n- Concentrated benefits: several provisions (competition authorisations, designated transfers of Longford liabilities, specific preserved contracts) produce benefits concentrated on named firms or transferees. That creates a concrete risk that gains are concentrated while costs (e.g. fiscal guarantees) are diffuse.\n\n- Administrative centralisation vs judicial contestability: CEO certificates are prima facie conclusive evidence of vesting (ss 71, 115D, 121). That speeds implementation but concentrates factual determinations in executive hands and reduces routine judicial fact‑finding over vesting questions.\n\n- Cross‑statutory complexity and implementation friction: the Act cross‑references multiple later and earlier statutes (Trade Practices Act, Gas Industry Act 2001, Pipelines Act 1967, Evidence Act 2008, Transfer of Land Act 1958). Operationalising transfers and authorisations therefore requires coordinated rule‑making, certificate handling and register amendments across different agencies (see Schedule 5 and multiple sections cited above). The many repeals and mappings to the Gas Industry Act 2001 (Schedule 5) increase the chance of mis‑applied references in practice.\n\n- Fiscal exposure: the Treasurer’s power to guarantee specified obligations (s 100) creates a channel for contingent public liabilities; that is an explicit mechanism by which private obligations may become public charges.\n\n**Where to look in the Act for specific rules**\n\n- Definitions and customer classification: ss 3, 6B, 6C\n- Property transfers and evidentiary certificates: Parts 7 and 13A (ss 63–71, 115A–115D) and Part 14 (ss 116–127)\n- Easements and title amendment: s 61; ss 79, 115K\n- Competition authorisations for historic contracts and master agreements: Parts 6B and 6C (ss 62M–62P; 62Q–62T)\n- Protections from liability for persons acting in good faith under directions: ss 16I–16J\n- Treasurer guarantee and FOI exemptions: ss 100, 101A, 115S\n- Savings and transitional mappings into the Gas Industry Act 2001: Schedule 5\n\n(References are to the sections and schedules of the Gas Industry (Residual Provisions) Act 1994 as set out in the instrument provided.)"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2643},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has mutated significantly from its original purpose. It began in 1994 as the primary statute to restructure the gas industry and establish statutory corporations (GASCOR, Gas Transmission Corporation). However, following the **Gas Industry Acts (Amendment) Act 1998** and the **Gas Industry Legislation (Miscellaneous Amendments) Act 2001**, most operational provisions were carved out and moved to the **Gas Industry Act 2001**, leaving this as a 'Residual Provisions' Act. Additionally, the scope expanded to include specific litigation management provisions (Part 14) for the Longford gas explosion that were not part of the original 1994 intent. The Act now functions as a legal holding pen for privatisation clean-up, competition law exemptions, and transitional mechanics rather than active industry regulation."},"complexity_factors":["Extensive amendment history with 71 versions over 30 years, resulting in a patchwork of repealed, inserted, and substituted sections visible throughout the text","Heavy reliance on definitions imported from the **Gas Industry Act 2001** (e.g., 'gas', 'pipeline', 'distribution pipeline'), creating a two-screen reading experience to understand basic terms","Technical competition law provisions (Parts 6B and 6C) with nested definitions: 'specified exclusionary provision', 'specified volume provision', 'specified acquisition exclusivity provision', each requiring cross-reference to the Trade Practices Act","Three distinct property transfer regimes with different mechanics: Part 7 (original GFCV transfers), Part 13A (nominated public gas companies), and Part 14 (Longford-specific transfers)","Complex conditional logic in section 6B defining 'non-franchise customer' with cascading thresholds (500,000 GJ → 100,000 GJ → 10,000 GJ) and date-based triggers","Schedule 5 transitional provisions mapping old Act provisions to new Act provisions via a conversion table, requiring readers to mentally translate section numbers between statutes","Interlocking definitions where 'supply point' (s 6C) defines 'ancillary supply point' which in turn affects 'non-franchise customer' status","Provisions that explicitly override other laws (e.g., s 89 validating actions that would otherwise breach contracts or statutes)"],"plain_english_summary":"**What this legislation does**\n\nThis is the *leftovers* legislation from Victoria's big gas industry sell-off. Originally the main **Gas Industry Act 1994**, most of it was moved to the **Gas Industry Act 2001**—but these \"residual provisions\" are the bits that didn't fit or were too politically tricky to transplant. Think of it as the legislative junk drawer that still holds some very sharp tools.\n\n**The big-ticket items it still handles:**\n\n*   **Asset shuffling**: It gives the government legal machinery to move property, contracts, and debts between gas companies (like GASCOR and VENCorp) and the State without triggering stamp duty or breach-of-contract lawsuits. This was designed to facilitate privatisation—turning public gas assets into private ones with minimal legal friction.\n\n*   **Competition law exemptions (the juicy bits)**: Parts 6B and 6C authorise what would normally be illegal cartel conduct. They let the big Bass Strait gas producers (BHP and Esso) and Victorian retailers fix prices, divide up customers, and share commercially sensitive information in specific gas supply contracts and \"master agreements\" until 31 December 2010. Without this, their cosy supply deals would have breached the *Trade Practices Act*.\n\n*   **Who gets to shop around**: It defines **non-franchise customers**—basically, if you buy truckloads of gas (originally 500,000 gigajoules a year, later dropping to 10,000 GJ), you can choose your retailer. Everyone else is stuck with the local franchisee.\n\n*   **The Longford explosion cleanup**: Part 14 was bolted on later specifically to deal with the legal fallout from the 1998 Longford gas plant disaster. It lets the government transfer GASCOR's legal liabilities and insurance rights for that specific litigation to a nominated transferee.\n\n*   **Statutory easements**: It converts certain pipeline rights into formal property easements so gas companies can run pipes across private land without negotiating fresh contracts every time.\n\n**Who it affects**\nGas distribution companies, large industrial gas users (who want to know if they qualify as non-franchise customers), lawyers handling the Longford litigation, and anyone trying to figure out which bits of the 1994 Act survived the 2001 rewrite.\n\n**Why it matters**\nWithout this Act, the Victorian government's privatisation of the gas industry in the 1990s and 2000s would have been legally impossible—or at least very expensive. It also carved out a temporary safe harbour where the major gas players could coordinate prices and supply without fear of competition lawsuits."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act's scope has clearly narrowed significantly from its original intent. Originally titled the 'Gas Industry Act 1994', it was presumably the primary piece of legislation governing Victoria's gas industry restructure. Over time, substantive provisions were moved to other legislation, leaving only residual matters behind — a change significant enough to warrant a formal rename. This represents a substantial contraction from a comprehensive industry governance Act to a narrow repository of leftover obligations."},"complexity_factors":["Historical legislative context requires understanding of 1990s Victorian gas industry privatisation to interpret provisions","The 'residual' nature means the Act's content is fragmented — it only contains what other legislation didn't absorb","Renaming of the Act from its original title adds confusion about its relationship to the broader gas industry legislative framework","Consolidated versioning history suggests multiple amendments over time, each potentially altering scope","Limited publicly available detail in the provided text makes full assessment of substantive provisions difficult"],"plain_english_summary":"The Gas Industry (Residual Provisions) Act 1994 is essentially a legislative “leftovers” law preserving old rights, obligations and transitional arrangements from Victoria’s 1994 gas privatisation and restructuring. It mainly affects gas industry participants and former government-owned gas entities by keeping legacy contracts, entitlements and licensing conditions alive. Practically, it’s of niche relevance today—important for historical disputes or legacy obligations, but largely a technical, historical statute."}},"importantCases":[],"_links":{"self":"/api/acts/gas-industry-residual-provisions-act-1994","history":"/api/acts/gas-industry-residual-provisions-act-1994/history","analysis":"/api/acts/gas-industry-residual-provisions-act-1994/analysis","conflicts":"/api/acts/gas-industry-residual-provisions-act-1994/conflicts","importantCases":"/api/acts/gas-industry-residual-provisions-act-1994/important-cases","documents":"/api/acts/gas-industry-residual-provisions-act-1994/documents"}}