{"id":"gas-regulations-2012","name":"Gas Regulations 2012","slug":"gas-regulations-2012","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235589,"registerId":"sa-gas-regulations-2012-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 2","sectionType":"part","heading":"Administration","content":"Part 2—Administration\n6—Functions and powers of Commission\n\t(1)\tPursuant to section 6A of the Act, the Commission has (in addition to the Commission's functions and powers under the Act and the Essential Services Commission Act 2002) the following functions:\n\t(a)\tto determine, in accordance with a process specified by the Minister by notice in the Gazette, and at the expense of 1 or more of the entities, any matter in dispute between 2 or more gas entities that falls within a range of matters specified by the Minister by notice in the Gazette;\n\t(b)\ton or before 31 August in each year, to submit to the Minister and publish on its website a report prepared for the purposes of monitoring prices for the sale of gas available to a small customer under the National Energy Retail Law (South Australia) during the immediately preceding financial year containing the information required by the Minister under subregulation (2).\n\t(2)\tThe Minister may require the following information for the year to which the report relates to be included in a report prepared under subregulation (1)(b):\n\t(a)\tcomparisons of standing offer prices of NERL retailers generally available to classes of small customers in South Australia;\n\t(b)\testimates relating to the annual cost to a small customer of gas supplied to the customer (based on a reasonable estimate of the average annual level of consumption of gas by a small customer in South Australia) under each standard retail contract of NERL retailers generally available to classes of small customers in South Australia;\n\t(c)\tdetails relating to the difference in annual cost to a small customer of gas supplied to the customer (based on a reasonable estimate of the average annual level of consumption of gas by a small customer in South Australia) under market offer prices of NERL retailers generally available to classes of small customers in South Australia compared to the cost to that customer under standing offer prices of NERL retailers generally available to classes of small customers in South Australia;\n\t(d)\tsuch other information as the Minister requires in writing to be included.\n\t(3)\tThe Minister may require the information referred to in subregulation (2) to be presented in such manner and form as the Minister considers appropriate, including in the form of variations or trends over time.\nmarket offer prices, standard retail contract and standing offer prices have the same respective meanings as in the National Energy Retail Law.\nPart 3—Licensing of gas entities\n7—Exemption from requirement to hold licence\n\t(1)\tA person who carries on the operation of a distribution system is not required to be licensed under the Act if the system consists only of an inset distribution system.\n\t(2)\tA person who carries on the operation of a distribution system is not required to be licensed under the Act if the system consists only of a prescribed transmission pipeline.\n\t(3)\tA person who carries on the retailing of gas is not required to be licensed under the Act if the sale of gas is only for the operation of an electricity generating plant by a person who holds or is required to hold a licence under the Electricity Act 1996 to carry on the operation of the plant.\n\t(4)\tSubject to these regulations, an exemption under this regulation is subject to the condition that the person comply with any requirement imposed by or under the Act, these regulations or a code made by the Commission under the Essential Services Commission Act 2002 as if the person were a gas entity authorised by a licence to carry on the operations to which the exemption relates.\n\t(5)\tThe appropriate regulator may grant an exemption from subregulation (4), or from specified requirements referred to in that subregulation, on terms and conditions the appropriate regulator considers appropriate.\n\t(6)\tIn subregulation (5)—\nappropriate regulator means—\n\t(a)\tin relation to Part 5 of the Act or Part 9 of these regulations or any safety requirement—the Technical Regulator; or\n\t(b)\tin any other case—the Commission.\n8—Licence fees—transitional provision—licensed supplier of reticulated gas under repealed Act\nPursuant to clause 2(2) of Schedule 1 of the Act, the following provisions apply with respect to the payment of licence fees and the initial licence period:\n\t(a)\ta person to whom a licence is issued under clause 2(1) of Schedule 1 authorising the retailing of gas must pay—\n\t(i)\tnot later than the first day of the licence period, by way of annual licence fee, an amount equal to one‑quarter of the amount calculated or fixed under section 24(3)(a) of the Act; and\n\t(ii)\tthereafter, instalments of the annual licence fee as for a licence issued on 1 October 1997;\n\t(b)\ta person to whom a licence is issued under clause 2(1) of Schedule 1 authorising the operation of a distribution system must pay—\n\t(i)\tnot later than the first day of the licence period, by way of annual licence fee, an amount equal to 1 quarter of the amount calculated or fixed under section 24(3)(b) of the Act; and\n\t(ii)\tthereafter, instalments of the annual licence fee as for a licence issued on 1 October 1997.\n9—Licence fees and returns\n\t(1)\tFor the purposes of section 24(2) of the Act, the licence fee, or the first instalment of the licence fee (as the case may require), must—\n\t(a)\tin the case of a licence referred to in regulation 8 (after the initial payments under that regulation), be paid before 1 October in each year; or\n\t(b)\tin any other case, be paid before the anniversary in each year of the day on which the licence was issued.\n\t(2)\tFor the purposes of section 24(2) of the Act, an annual return must be lodged before 31 August in each year.\n\t(3)\tFor the purposes of section 24(7) of the Act, the penalty for default—\n\t(a)\tfor failing to pay a licence fee, or an instalment of a licence fee, is 10% per annum of the outstanding amount calculated daily on a cumulative basis;\n\t(b)\tfor failing to lodge an annual return is $500.\n\t(4)\tFor the purposes of paragraph (d) of the definition of administrative costs in section 24(9) of the Act, the costs of administration of the Australian Energy Market Commission relating to the gas supply industry in South Australia in the financial year to which the licence relates is a prescribed cost.\n10—Licence condition requiring retailers to match available gas to customers' estimated aggregate demand\nThe Commission must make a licence authorising the retailing of gas subject to a condition requiring the gas entity to ensure that at all times the quantity of gas available to it for delivery to its customers from a distribution system is sufficient to meet reasonable forecasts of its customers' aggregate demand for gas from the distribution system.\n11—Ombudsman scheme\nFor the purposes of sections 26(1)(d) and 26A(2)(i) of the Act, the electricity supply industry is prescribed.\n12—Licence condition requiring pricing information for small customers\nFor the purposes of section 26A(2)(d) of the Act, 1 January 2005 is the prescribed date.\n13—Prescribed information in small customer accounts for purposes of section 26A(2)(da) of Act\nFor the purposes of section 26A(2)(da) of the Act, the following provisions apply:\n\t(a)\tthe gas entity must include in each account for gas charges sent to a small customer for gas supply through a particular metered delivery point the following information:\n\t(i)\tthe customer's average daily consumption level, expressed in megajoules, of gas supplied through the delivery point for the period to which the account relates;\n\t(ii)\tthe customer's average daily consumption level, expressed in megajoules, of gas supplied through the delivery point for each period during the preceding 12 months in respect of which the customer was sent by the entity an account for gas supply through the delivery point;\n\t(iii)\tthe average daily cost to the customer of gas supplied to the customer through the delivery point during the period to which the account relates;\n\t(b)\tthe gas entity must also include in each account for gas charges sent to a small customer the following statement:\nFor more information about energy efficiency, visit www.escosa.sa.gov.au or call ........................ [telephone number as specified by the Commission by written notice to the entity].\n14—Ombudsman scheme and retailing—annual gas consumption level\nFor the purposes of section 26A(2)(i) of the Act, an annual gas consumption level of 10 terajoules is prescribed.\n15—Content of register of licences\nFor the purposes of section 32(2) of the Act, the register of licences must include (in addition to the terms and conditions of each licence)—\n\t(a)\tdetails of each application for the issue, renewal or variation of a licence; and\n\t(b)\ton any such application being refused or withdrawn, a statement to that effect.\n","sortOrder":0},{"sectionNumber":"Part 4","sectionType":"part","heading":"Retailer Energy Productivity Scheme","content":"Part 4—Retailer Energy Productivity Scheme\nDivision 1—Preliminary\n16—Application\n\t(1)\tThe following provisions apply in relation to the application of this Part to a regulated entity authorised to sell gas by retail (whether or not the entity is required to hold a licence under the Act):\n\t(a)\tthis Part applies in a calendar year to a regulated entity if, as at 30 June in the preceding year, the regulated entity sold gas as a retailer to a number of residential customers within South Australia equal to or greater than the threshold set for the purposes of this paragraph;\n\t(b)\twithout derogating from paragraph (a), this Part, other than regulation 19 or 21, applies in a calendar year to a regulated entity if, during the preceding financial year, the regulated entity purchased a quantity of gas, excluding designated gas purchases, equal to or greater than the threshold set for the purposes of this paragraph for retailing to customers within South Australia.\n\t(2)\tFor the purposes of subregulation (1)(a) and (b), the Minister must, by notice in the Gazette, set the relevant thresholds for a 5 year period at the time of setting the annual energy productivity targets for the purposes of this Part.\n\t(3)\tThis regulation applies subject to the operation of regulations 20(5) and 21(4).\ndesignated gas purchase means a purchase of gas of a kind determined by the Minister by notice in the Gazette;\nresidential customer means a small customer—\n\t(a)\twho acquires gas primarily for domestic use; and\n\t(b)\twho satisfies other criteria (if any) determined by the Commission for the purposes of this definition.\n17—Interpretation\n\t(1)\tIn this Part, unless the contrary intention appears—\nenergy credit, in relation to energy productivity activities, means the difference between the amount of normalised gigajoules actually achieved by a retailer in a year through the conduct or acquisition of energy productivity activities under this Part and the EPT that applies to the retailer for that year (if the difference is positive);\nenergy productivity activity means an activity or measure determined by the Minister under regulation 22 to be an energy productivity activity for the purposes of this Part;\nEPT—see regulation 18;\npriority group household means residential premises in which a person of a class determined by the Minister for the purposes of these regulations resides;\nrelevant electricity retailer means a regulated entity within the ambit of Part 4 of the Electricity (General) Regulations 2012;\nrelevant gas retailer means a relevant gas retailer within the meaning of regulation 16(1);\nretailer means a relevant electricity retailer or a relevant gas retailer.\n\t(2)\tFor the purposes of this Part, an energy productivity activity undertaken in accordance with this Part will be taken to have been undertaken on the day on which the activity is reported to the Commission under regulation 27.\nDivision 2—Energy productivity activities\n18—Energy productivity targets\n\t(1)\tThe Minister must, by notice in the Gazette, set the annual energy productivity targets for the purposes of this Part, being the amount of normalised gigajoules required to be achieved by retailers through the carrying out of energy productivity activities in accordance with this Part and Part 4 of the Electricity (General) Regulations 2012.\n\t(2)\tThe Minister must, for the purposes of subregulation (1), set annual energy productivity targets relating to each of the following 5 year periods:\n\t(a)\t2021 to 2025 (inclusive);\n\t(b)\t2026 to 2030 (inclusive).\n\t(3)\tThe Commission must set an annual energy productivity target (EPT) for each retailer by apportioning the relevant annual target set by the Minister between retailers in accordance with any requirements of the Minister.\n19—Primary and secondary subtargets\n\t(1)\tThe Minister may, by notice in the Gazette, determine that a percentage or specified amount of an annual energy productivity target is to be achieved by any 1 or more of the following (a primary subtarget):\n\t(a)\tthe provision of energy productivity activities to a class of customers specified in the notice;\n\t(b)\tthe undertaking of a kind of energy productivity activity specified in the notice.\n\t(2)\tFor the purposes of this Part, the Minister—\n\t(a)\tmust determine a primary subtarget in relation to priority group households; and\n\t(b)\tmay determine other primary subtargets.\n\t(3)\tA notice under this regulation may specify that a percentage or specified amount of a subtarget is to be achieved by any 1 or more of the following (a secondary subtarget):\n\t(a)\tthe provision of energy productivity activities to a class of customers specified in the notice;\n\t(b)\tthe undertaking of a kind of energy productivity activity specified in the notice.\nExample—\nThe Minister determines (under subregulation (1)) that 50% of an annual energy productivity target must be achieved by retailers through the carrying out of energy productivity activities in households (the household primary subtarget). The Minister determines (under subregulation (3)) that 50% of the household primary subtarget must be achieved by retailers through the carrying out of \"demand-response\" energy productivity activities (specified by the Minister) (the demand-response secondary subtarget).\n\t(4)\tThe Commission must, in accordance with any requirements of the Minister—\n\t(a)\tset primary subtargets for each retailer by apportioning each primary subtarget determined by the Minister in accordance with any requirements of the Minister; and\n\t(b)\tset secondary subtargets for each retailer by apportioning each secondary subtarget determined by the Minister (if any) in accordance with any requirements of the Minister.\n20—Energy productivity activities\n\t(1)\tA retailer must, subject to subregulation (2), undertake energy productivity activities sufficient to achieve the EPT that applies to the retailer for that year (as adjusted to take into account any shortfall added under subregulation (3)).\n\t(2)\tA retailer will be taken not to have failed to achieve the EPT that applies to the retailer for a year if the retailer undertakes energy productivity activities in the year sufficient to achieve at least 90% of the EPT.\n\t(3)\tDespite subregulation (2), where a retailer fails to achieve its EPT in a year, the energy productivity shortfall must be added to an EPT that applies to the retailer in a subsequent year.\n\t(4)\tAn energy productivity activity undertaken by a retailer for the purposes of achieving a primary subtarget or secondary subtarget under regulation 21 is taken to be included as an energy productivity activity undertaken by a retailer for the purpose of achieving its EPT under this regulation.\n\t(a)\ta retailer undertakes energy productivity activities in a year sufficient to achieve at least 90% of its EPT for that year but does not achieve its EPT; and\n\t(b)\tin the subsequent calendar year this Part no longer applies to the retailer as a result of the operation of regulation 16(1),\nthe retailer must undertake energy productivity activities in the subsequent year to account for its energy productivity shortfall from the previous year.\n\t(6)\tIf—\n\t(a)\ta retailer fails to achieve its EPT with respect to any year; and\n\t(b)\tthe retailer—\n\t(i)\tpays a shortfall penalty in accordance with the requirements of section 91A of the Act with respect to that failure; or\n\t(ii)\tis subject to a penalty on account of a prosecution in respect of that failure,\nthe energy productivity shortfall to which the shortfall penalty or prosecution relates will no longer apply to the retailer.\n\t(7)\tIn this regulation—\nenergy productivity shortfall means the difference between the EPT that applies to the retailer for a year and the amount of normalised gigajoules actually achieved (in accordance with this Part) by that retailer in that year through the conduct of energy productivity activities.\n21—Energy productivity activities—subtargets\n\t(1)\tA retailer must, subject to subregulation (2), undertake energy productivity activities sufficient to achieve each primary subtarget and secondary subtarget applying to the retailer for a year (as adjusted to take into account any shortfall added under subregulation (3)).\n\t(2)\tA retailer will be taken not to have failed to achieve a primary subtarget or secondary subtarget applying to the retailer for a year if the retailer undertakes energy productivity activities in the year sufficient to achieve at least 90% of the primary subtarget or secondary subtarget (as the case requires).\n\t(3)\tDespite subregulation (2)—\n\t(a)\tif a retailer fails to achieve a primary subtarget in a year, the Commission must ensure that the energy productivity shortfall is added—\n\t(i)\tif an equivalent primary subtarget applies to the retailer in the subsequent year—to that primary subtarget; or\n\t(ii)\tin any other case—to the EPT that applies to the retailer in a subsequent year; and\n\t(b)\tif a retailer fails to achieve a secondary subtarget in a year, the Commission must ensure that the energy productivity shortfall is added—\n\t(i)\tif an equivalent secondary subtarget applies to the retailer in the subsequent year—to that secondary subtarget; or\n\t(ii)\tin any other case—to the EPT that applies to the retailer in a subsequent year.\n\t(4)\tIf—\n\t(a)\ta retailer undertakes energy productivity activities in a year sufficient to achieve at least 90% of a primary subtarget or secondary subtarget for that year but does not achieve the primary subtarget or secondary subtarget (as the case requires); and\n\t(b)\tin the subsequent calendar year this Part no longer applies to the retailer as a result of the operation of regulation 16(1),\nthe retailer must undertake energy productivity activities in the subsequent year to account for its energy productivity shortfall (for the relevant primary subtarget or secondary subtarget) from the previous year.\n\t(a)\ta retailer fails to achieve a primary subtarget or secondary subtarget that applies to the retailer for a year; and\n\t(b)\tthe retailer—\n\t(i)\tpays a shortfall penalty in accordance with the requirements of section 91A of the Act with respect to that failure; or\n\t(ii)\tis subject to a penalty on account of a prosecution in respect of that failure,\nthe energy productivity shortfall to which the shortfall penalty or prosecution relates will no longer apply to the retailer.\n\t(6)\tIn this regulation—\nenergy productivity shortfall means—\n\t(a)\tin the case of a failure by a retailer to achieve a primary subtarget applying to the retailer in a year—the difference between the primary subtarget and the amount of normalised gigajoules actually achieved by that retailer in that year by undertaking energy productivity activities to achieve that primary subtarget; or\n\t(b)\tin the case of a failure by a retailer to achieve a secondary subtarget applying to the retailer in a year—the difference between the secondary subtarget and the amount of normalised gigajoules actually achieved by that retailer in that year by undertaking energy productivity activities to achieve that secondary subtarget.\n22—Determination of activities or measures that constitute energy productivity activities\n\t(1)\tThe Minister may, by notice in the Gazette, on the Minister's own initiative or by application, determine 1 or more activities or measures that may be undertaken by retailers to be energy productivity activities for the purposes of this Part.\n\t(2)\tAn application under subregulation (1) must be made in a manner and form determined by the Minister.\n\t(3)\tA determination may be of general application or limited (according to criteria determined by the Minister) in its application to a particular retailer or particular retailers.\n\t(4)\tA notice published under this regulation must set out relevant information relating to an activity or measure that constitutes an energy productivity activity, including—\n\t(a)\ta description of the activity or measure that constitutes the energy productivity activity; and\n\t(b)\tthe minimum specification in accordance with which the activity or measure that constitutes the energy productivity activity must be performed; and\n\t(c)\tthe amount of normalised gigajoules taken to be achieved, or the method of calculating such an amount, if the activity or measure that constitutes the energy productivity activity is undertaken; and\n\t(d)\tany other matter the Minister thinks fit.\n\t(5)\tThe Minister may, by notice in the Gazette, vary or revoke a determination made under this regulation.\nDivision 3—Other matters\n23—Administration\n\t(1)\tThe Commission has such functions and powers as are necessary or expedient to give effect to the retailer energy productivity scheme including the following functions:\n\t(a)\tto administer the scheme;\n\t(b)\tto ensure that retailers comply with the relevant requirements of this Part;\n\t(c)\tto report to the Minister—\n\t(i)\tat the end of each year as to the administration of the scheme and the progress of retailers in achieving the targets set by this Part; and\n\t(ii)\tfrom time to time on any other matter relating to this Part as required by the Minister;\n\t(d)\tto include the following information in its annual report under the Essential Services Commission Act 2002:\n\t(i)\tinformation relating to energy productivity activities and measures being undertaken under this Part, including the kind, number and average cost of such activities and measures;\n\t(ii)\tany other information required by the Minister or considered relevant by the Commission.\n\t(2)\tThe Commission (in the case of a relevant gas retailer required to hold a licence under the Act)—\n\t(a)\tis required to impose a condition on the licence of the retailer under the Act that the retailer comply with the relevant provisions of this Part, pursuant to section 25(2) of the Act (so that a failure to comply with a relevant provision of this Part will constitute a contravention of a condition of the licence); and\n\t(b)\tis to vary conditions of the licence of the retailer under the Act to ensure that the retailer complies with the relevant provisions of this Part as required from time to time, pursuant to section 29(1) of the Act (so that a failure to comply with a relevant provision of this Part will constitute a contravention of a condition of the licence).\n24—Notification and adjustment of targets\n\t(1)\tThe Commission must, in relation to each calendar year in which the retailer energy productivity scheme is to apply, notify in writing each retailer of any annual—\n\t(a)\tEPT; and\n\t(b)\tprimary subtarget; and\n\t(c)\tsecondary subtarget,\nthat applies to the retailer for that year.\n\t(2)\tThe Commission may adjust a target that would otherwise apply to a retailer after taking into account any energy productivity shortfall under regulation 20 or 21 from a previous year that must be added to the target in accordance with regulation 20 or 21 (as the case requires).\n\t(3)\tThe Commission may, in accordance with any requirements of the Minister, also adjust a target that would otherwise apply to a retailer in 2021 to reflect any amount to be added to the target under a notice published by the Minister under old regulation 29A (approving an alternative arrangement relating to the retailer).\n\t(4)\tIf the customers of 1 retailer (in this regulation referred to as the first retailer) are transferred during a year to another retailer (in this regulation referred to as the acquiring retailer) by the sale, transmission or assignment of the whole or part of the business or undertaking of the first retailer, the Commission may adjust the targets of both the first retailer and the acquiring retailer for that year on a pro rata basis taking into account the date on which the customers were transferred.\n\t(a)\tthis Part and Part 4 of the Electricity (General) Regulations 2012 did not apply to the acquiring retailer before the transfer of customers to the acquiring retailer as a result of the operation of regulation 16(1); and\n\t(b)\tas a result of the transfer of customers the acquiring retailer has at least the threshold number of customers set for the purposes of regulation 16(1)(a) or the threshold amount set for the purposes of regulation 16(1)(b),\nthis Part and Part 4 of the Electricity (General) Regulations 2012 apply with immediate effect to the acquiring retailer and the Commission must—\n\t(c)\tin accordance with subregulation (1), notify the acquiring retailer of its targets under this Part; and\n\t(d)\tadjust the targets that apply to both the first retailer and the acquiring retailer for that year on a pro rata basis taking into account the date on which the transfer of customers occurred.\n\t(6)\tSubject to subregulation (7), if a retailer accrues an energy credit in a year and does not transfer the credit under regulation 25, the Commission must, on application by the relevant retailer, take the credit into account in determining whether the retailer has met a target that applies to the retailer in any subsequent year.\n\t(7)\tThe Minister may, by notice in the Gazette, determine the maximum energy credit that a retailer may apply to have taken into account in determining whether the retailer has met a target that applies to the retailer in the subsequent year.\n\t(8)\tThe Minister must publish a notice under subregulation (7) in the Gazette on or before 31 December in the year preceding the year in which the energy credit may be accrued.\nExample—\nThe Minister publishes a notice in December 2021 determining the maximum energy credit that a retailer may apply in 2023 to have taken into account in determining whether the retailer has met a target applying to the retailer (in 2023).\n\t(9)\tIn this regulation—\nold regulation 29A means regulation 29A of these regulations as in force immediately before 1 January 2021.\n25—Retailers may enter into arrangements\n\t(1)\tIf a retailer accrues an energy credit, the retailer may, at any time, transfer the credit to another retailer.\n\t(2)\tA retailer may enter into an arrangement with another person (including another retailer) for that person to undertake energy productivity activities on its behalf.\n\t(3)\tDespite any arrangement entered into under subregulation (2), a retailer remains liable for any offence or penalty arising from a failure to meet an EPT, primary subtarget or secondary subtarget that applies to the retailer under this Part.\n26—Energy productivity activities acquisition scheme\n\t(1)\tThe Minister may adopt a scheme providing for—\n\t(a)\tenergy productivity activities to be performed by persons or bodies in accordance with the scheme; and\n\t(b)\tretailers to acquire energy productivity activities performed by such persons or bodies under the scheme in connection with achieving targets under this Part; and\n\t(c)\tprocedural and other matters related to the operation of the scheme.\n\t(2)\tA scheme adopted under this regulation must be published by the Minister in the manner determined by the Minister.\n\t(3)\tA reference in this regulation to an energy productivity activity includes a reference to any activity or measure relating to energy productivity determined by the Minister for the purposes of this regulation (in addition to an activity or measure determined by the Minister under regulation 22).\n27—Compliance and reporting\n\t(1)\tA retailer must, as required from time to time by the Commission, submit to the Commission a compliance plan for the purposes of this Part in accordance with a code published by the Commission under Part 4 of the Essential Services Commission Act 2002.\n\t(2)\tA retailer must, as required from time to time by the Commission, report on compliance with this Part in accordance with a code published by the Commission under Part 4 of the Essential Services Commission Act 2002.\n\t(3)\tA code published under this regulation must comply with any requirements of the Minister.\n28—Energy productivity shortfalls\n\t(1)\tFor the purposes of section 91A of the Act, a relevant gas retailer is a retailer who is subject to the application of this Part (including on account of regulation 20(5) or 21(4)).\n\t(2)\tFor the purposes of section 91A(13)(a) of the Act, the requirements imposed under this Part on a retailer—\n\t(a)\tto undertake energy productivity activities under regulation 20 sufficient to achieve the relevant EPT; and\n\t(b)\tto undertake energy productivity activities under regulation 21 sufficient to achieve any relevant primary subtarget or secondary subtarget,\nconstitute the activities relating to energy productivity in which a relevant gas retailer must engage, and for the purposes of that section the retailer must engage in those activities to the extent necessary to achieve compliance with regulation 20(2) or 21(2) (as the case requires).\n\t(3)\tFor the purposes of section 91A(13)(b) of the Act, the extent of an energy productivity shortfall with respect to a particular year—\n\t(a)\twill be determined in relation to each of the activities referred to in subregulation (2)(a) and (b); and\n\t(b)\twill be as follows:\n\t(i)\tin relation to energy productivity activities under regulation 20—an amount equal to the energy productivity shortfall applying to the retailer for that year;\n\t(ii)\tin relation to energy productivity activities under regulation 21 relating to a primary subtarget or secondary subtarget—an amount equal to the energy productivity shortfall for the primary subtarget or secondary subtarget (as the case requires) applying to the retailer for that year.\n\t(4)\tFor the purposes of section 91A(2)(a) of the Act, the prescribed base penalty is $10 000 for each category of shortfall identified under subregulation (3).\n\t(5)\tFor the purposes of subsection (2)(b) of section 91A of the Act, the amount payable under that subsection will be—\n\t(a)\tin the case of an energy productivity shortfall under subregulation (3)(b)(i)—the amount constituting the energy productivity shortfall (expressed in normalised gigajoules) multiplied by $21.45; or\n\t(b)\tin the case of an energy productivity shortfall under subregulation (3)(b)(ii)—the amount constituting the energy productivity shortfall for the relevant primary subtarget or secondary subtarget (expressed in normalised gigajoules) multiplied by $21.45.\n29—Review\n\t(1)\tThe Minister must cause a review of the operation of this Part to be conducted and a report on the results of the review to be submitted to the Minister before 31 December 2029.\n\t(2)\tThe review must consider whether the scheme should continue and any other matter the Minister considers should be considered in the review.\n\t(3)\tThe Minister must, within 12 sitting days after receiving the report, cause copies of the report to be laid before both Houses of Parliament.\n30—Expiry\nThis Part will expire on 31 December 2030.\n","sortOrder":1},{"sectionNumber":"Part 5","sectionType":"part","heading":"Price regulation","content":"Part 5—Price regulation\n32—Price regulation—prescribed class of customers\nFor the purposes of section 33(1)(a) of the Act, each customer whose annual gas consumption level for a metered delivery point equals or exceeds 1 terajoule but is less than 10 terajoules is a customer of a prescribed class in relation to gas supply to the customer through the delivery point.\n","sortOrder":2},{"sectionNumber":"Part 6","sectionType":"part","heading":"Standard terms and conditions","content":"Part 6—Standard terms and conditions\n33—Standard terms and conditions—prescribed class of customers\nFor the purposes of section 34(1) of the Act—\n\t(a)\teach customer whose annual gas consumption level for a metered delivery point equals or exceeds 10 terajoules is a customer of a prescribed class in relation to gas supply to the customer through the delivery point;\n\t(b)\teach customer whose annual gas consumption level for a metered delivery point equals or exceeds 1 terajoule but is less than 10 terajoules is a customer of a prescribed class in relation to gas supply to the customer through the delivery point.\n","sortOrder":3},{"sectionNumber":"Part 7","sectionType":"part","heading":"Default contracts","content":"Part 7—Default contracts\n34—Interpretation\nIn this Part—\ndefault contract means a retail contract under which a gas entity to which section 34B of the Act applies sells gas at the entity's default contract price and subject to the entity's default contract terms and conditions;\ndefault contract price and default contract terms and conditions have the same respective meanings as in section 34B of the Act;\nexcluded area means an area that is for the time being determined by the Minister to be an excluded area;\nmarket contract means a retail contract other than a standing contract or default contract;\nstanding contract means a retail contract under which a gas entity to which section 34A of the Act applies sells gas at the entity's standing contract price and subject to the entity's standing contract terms and conditions;\nstanding contract price and standing contract terms and conditions have the same respective meanings as in section 34A of the Act.\n35—Provisions relating to default contracts\n\t(1)\tIf a person receives gas supply through a metered delivery point otherwise than under a retail contract—\n\t(a)\tthat person; and\n\t(b)\tthe gas entity that was last a party to a retail contract in relation to that delivery point,\nbecome parties to a default contract in relation to that delivery point for the purposes of section 34B(2) of the Act.\n\t(2)\tSubregulation (1) does not apply in relation to a metered delivery point situated within an excluded area.\n\t(3)\tThe default contract continues until—\n\t(a)\tthe customer becomes a party to a market contract or standing contract (whether with the same entity or some other gas entity) in relation to the delivery point; or\n\t(b)\tsome other person becomes a party to a retail contract in relation to the delivery point; or\n\t(c)\tthe occurrence of an event of a kind determined by the Commission.\n\t(4)\tOn the gas entity becoming aware that it has become a party to the default contract, the entity must, within 5 business days, give the customer a written notice setting out the terms and conditions of the default contract and describing, in general terms, the other contractual options that may be available to the customer for the purchase of gas.\n\t(5)\tThe gas entity must, in giving notice under subregulation (4), comply with any requirements imposed by a code made by the Commission under the Essential Services Commission Act 2002, relating to the contents of the notice or the manner in which the notice is to be given.\n\t(6)\tFor the purposes of paragraph (b) of the definition of default contract price in section 34B(3) of the Act, the prescribed period is—\n\t(a)\tif the price fixed as the default contract price by the entity by the notice referred to in that paragraph is the same as the price that will be in force as the standing contract price (whether or not for the same entity) 14 days from the date of publication of that notice—14 days; or\n\t(b)\tin any other case—28 days.\n","sortOrder":4},{"sectionNumber":"Part 8","sectionType":"part","heading":"Gas entities' powers and duties","content":"Part 8—Gas entities' powers and duties\n36—Carrying out certain work on public land\n\t(1)\tFor the purposes of section 47(5) of the Act, prior notice and agreement are not required under section 47(3) of the Act for—\n\t(a)\twork in an emergency; or\n\t(b)\tmaintenance, repairs or minor extensions of existing gas infrastructure, including any necessary excavation or removal of obstructions.\n\t(2)\tFor the purposes of section 47(6) of the Act, agreement is not required under section 47(3) of the Act for—\n\t(a)\tinstallation or relocation of gas infrastructure as a part of road reconstruction; or\n\t(b)\talterations or additions to existing gas infrastructure not involving any significant enlargement of the area of public land occupied by the infrastructure or any significant change in appearance.\n","sortOrder":5},{"sectionNumber":"Part 8A","sectionType":"part","heading":"Regulation of NERL retailers","content":"Part 8A—Regulation of NERL retailers\n36A—NERL retailers to comply with code provisions and other requirements\n\t(1)\tFor the purposes of section 59A(1) of the Act, a NERL retailer must comply with—\n\t(a)\ta code made by the Commission under the Essential Services Commission Act 2002 relating to gas metering; and\n\t(b)\tif the scheme under Part 4 of these regulations applies to the retailer, a code made by the Commission under the Essential Services Commission Act 2002 relating to energy productivity.\nRegulation 16 provides for the application of a scheme relating to energy efficiency to NERL retailers.\n\t(2)\tFor the purposes of section 59A(1) of the Act, a NERL retailer must comply with the following requirements:\n\t(a)\ta NERL retailer must prepare, maintain, publish on its website and periodically revise a safety awareness plan in accordance with the following requirements:\n\t(i)\tthe plan must deal with matters prescribed by subregulation (3);\n\t(ii)\tthe retailer must obtain the approval of the Technical Regulator to the plan and any revision;\n\t(iii)\tthe retailer must comply with the plan as approved from time to time;\n\t(iv)\tthe retailer must audit from time to time its compliance with the plan and report the results of those audits to the Technical Regulator;\n\t(v)\tthe retailer must, on or before 31 August in each year, lodge with the Technical Regulator a report relating to the previous financial year containing the following information:\n\t(A)\tthe results of any audit of the retailer's compliance with its safety awareness plan;\n\t(B)\tdetails of the measures taken to implement the plan, such as information about the publication and distribution of brochures, and the number of times the plan and related material has been viewed by customers on any website operated by the retailer;\n\t(C)\twhether the retailer has been able to comply with all aspects of the safety awareness plan and whether the retailer considers the plan to have been operating effectively;\n\t(b)\ta NERL retailer must, subject to the limitation set out in paragraph (c), use its best endeavours to supply gas in accordance with the standards of quality under regulation 38 and any relevant Act or other instrument that relates to the quality of gas supply;\n\t(c)\tthe obligation in paragraph (b) is limited to the extent that the distribution system or the quality of gas supply is adversely affected by the actions or equipment of a small customer;\n\t(d)\ta NERL retailer must use its best endeavours to supply gas in a manner that does not interfere with the safe operation of a distribution system;\n\t(e)\ta NERL retailer must use its best endeavours to provide a reliable supply of gas to a small customer in accordance with any relevant Act or other instrument that relates to the reliability of gas supply;\n\t(f)\ta NERL retailer must, if it carries out the work of installation, maintenance, operation, reading or replacement of a meter—\n\t(i)\tsupply to an entity holding a licence authorising the operation of a distribution system information obtained from those meters as is reasonably required by the entity for the purposes of its operations in such format as is reasonably required by the entity and in a manner consistent with recognised practices in the gas industry; and\n\t(ii)\tallow the entity, at the expense of the entity, to inspect and test the meter as is reasonably required by the entity for the purpose of its operations.\n\t(3)\tThe following are matters that must be dealt with by a safety awareness plan:\n\t(a)\tthe establishment and maintenance of systems for—\n\t(i)\tcommunicating information to customers regarding the safety of gas infrastructure, installations and appliances; and\n\t(ii)\tmeasuring the use of such information systems by customers;\n\t(b)\tthe provision of material with information and adequate warnings about the properties of gas relevant to safety;\n\t(c)\tthe establishment and maintenance of systems for—\n\t(i)\twarning the public about the need for due care with respect to gas infrastructure, installations and appliances; and\n\t(ii)\tinforming customers about the correct action to be taken with respect to defects or malfunctions of gas infrastructure, installations and appliances (including but not limited to gas leaks or suspected gas leaks), and the means by which customers can report those defects or malfunctions; and\n\t(iii)\tinforming customers of approval schemes for gas appliances and the manner in which a customer can determine whether a gas appliance has been approved; and\n\t(iv)\tinforming customers of the fact that persons who undertake gas fitting work are required to be licensed or registered under the Plumbers, Gas Fitters and Electricians Act 1995 and of the manner in which customers can determine whether a person is appropriately licensed or registered; and\n\t(v)\tensuring that a point of contact for customers regarding gas supply difficulties and gas shortages is provided.\nrelevant Act or other instrument means—\n\t(a)\tan Act (including any instrument made under an Act); or\n\t(b)\ta standard, code, guideline or other instrument issued by the AER, the Commission or the Technical Regulator,\nthat applies to a person engaged in the retailing of gas.\n36B—Sale of gas to small customers—early termination fees prohibited\n\t(1)\tFor the purposes of section 59A(1)(g) of the Act, a NERL retailer must not offer a market retail contract to small customers if a term or condition of the contract provides for the payment of a fee or charge (however described) for early termination of the contract.\n\t(2)\tNothing in subregulation (1) prevents a NERL retailer from offering to small customers a fixed term contract that provides for the payment of—\n\t(a)\ta fee or charge for early termination of a fixed benefit period under the contract by the small customer (whether or not the contract is terminated at the same time); or\n\t(b)\ta fee or charge for early termination of the contract if the fee or charge only involves the NERL retailer recovering its reasonable costs for the installation or provision of designated equipment to the small customer (and accounts for, in the event of early termination of the contract, any payments towards those costs made by the small customer before the termination).\n\t(3)\tHowever, subregulation (2) only applies if—\n\t(a)\tthe NERL retailer provides information to the small customer before the small customer enters into the contract that clearly specifies—\n\t(i)\tthe nature and amount of the relevant fee or charge referred to in that subregulation; and\n\t(ii)\tthe consequences of early termination of the contract by the small customer; and\n\t(b)\ta fee or charge for early termination provided for under that subregulation complies with the relevant requirements applying under the National Energy Retail Rules.\ndesignated equipment means a meter or other equipment related to the provision of gas at the premises of the small customer that is fixed to the premises and intended to remain at those premises (whether or not any contract relating to the provision of electricity at the premises is terminated early);\nfixed benefit period means a period of a fixed term contract during which pricing is fixed;\nfixed term contract means a market retail contract for a fixed term that includes a fixed benefit period.\n\t(5)\tUnless the contrary intention appears, terms used in this regulation and in the National Energy Retail Law or the National Energy Retail Rules have the same respective meaning in this regulation as they have in the National Energy Retail Law or National Energy Retail Rules.\n36C—Participation in ombudsman scheme\nFor the purposes of section 59B(1) of the Act, the prescribed level is 10 Tj.\n36D—Annual administration fee\n\t(1)\tFor the purposes of section 59E(2) of the Act, the annual administration fee is to be calculated in accordance with the following formula:\n\nX is the annual administration fee for a NERL retailer;\nGA is the costs determined by the Minister of the administration of the Act;\nESC is the costs determined by the Minister of the administration by the Commission of the Essential Services Commission Act 2002 attributable to the retailing of gas to small customers;\nAEMC is the costs referred to in subregulation (2);\nQ is the amount determined by the Minister to adjust the annual administration fee based on events that occurred during the period to which the previous annual administration fee related (such as a new entrant to the market for the retailing of gas) or such other matter relating to that previous period that the Minister thinks fit;\nY is the number of NERL retailers that retail gas to small customers at the commencement of the period to which the annual administration fee relates.\n\t(2)\tFor the purposes of section 59E(7)(c) of the Act, the costs determined by the Minister of the administration in relation to the retailing of gas in South Australia of Part 9 of the National Energy Retail Law (South Australia) by the Australian Energy Market Commission established by the Australian Energy Market Commission Establishment Act 2004 are prescribed.\n\t(3)\tIf a NERL retailer commences retailing gas to small customers as a NERL retailer during a period to which an annual administration fee relates, the annual administration fee for the NERL retailer is to be adjusted by multiplying—\n\t(a)\tthe annual administration fee that would have been payable by the NERL retailer had it been retailing gas as a NERL retailer during the whole of the relevant period; and\n\t(b)\tthe proportion that the number of whole months between the commencement of retailing and the end of the relevant period bears to 12 months.\n\t(4)\tIf a relevant entity within the meaning of section 33 of the National Energy Retail Law (South Australia) Act 2011 had, before 1 February 2013, paid (as a gas entity under the Gas Act 1997) to the Commission a licence fee under section 20 of the Act in respect of the whole or any part of the period commencing on 1 February 2013 and ending on 1 February 2014, the Commission must determine an amount in relation to the licence fee that is to be offset against the annual administration fee that applies to the entity, or credited or refunded to the entity (as determined by the Commission).\n","sortOrder":6},{"sectionNumber":"Part 9","sectionType":"part","heading":"Safety and technical issues","content":"Part 9—Safety and technical issues\nDivision A1—Preliminary\n36E—Preliminary\nIn this Part—\ncontractor, in relation to an employed worker, means a licensed gas fitting contractor or licensed building work contractor (as the case requires) by whom the employed worker is employed or engaged to carry out the work or examinations and tests related to the issue of an electronic certificate of compliance;\ncontractor's duly authorised agent means a person acting as the contractor's duly authorised agent who has or had a supervisory role in relation to the employed worker;\nelectronic certificate of compliance means a certificate of compliance issued under this Part (other than a Type B certificate of compliance under regulation 43) in electronic form in accordance with any requirements of the Technical Regulator under regulation 45;\nemployed worker, in relation to an electronic certificate of compliance issued in relation to a gas installation, means a registered gas fitting worker employed or engaged to carry out work or examinations and tests related to the issue of the certificate (whether or not together with other work or examinations and tests on the installation) by a contractor.\n","sortOrder":7},{"sectionNumber":"Div 1","sectionType":"division","heading":"Safety and technical requirements","content":"Division 1—Safety and technical requirements\n37—General requirements for gas infrastructure or installation\n\t(1)\tFor the purposes of section 55 of the Act—\n\t(a)\tgas infrastructure must be designed, installed, operated and maintained to be safe for the gas service conditions and the physical environment in which it will operate and so as to comply with any applicable requirements of AS/NZS 4645, AS/NZS 1596 and AS 2885 or achieve, to the satisfaction of the Technical Regulator, the same or better safety and technical outcomes; and\n\t(b)\ta gas installation must be designed, installed, operated and maintained to be safe for the gas service conditions and the physical environment in which it will operate and so as to comply with any applicable requirements of—\n\t(i)\tin the case of a liquefied petroleum gas installation—AS/NZS 5601 and AS/NZS 1596;\n\t(ii)\tin any other case—AS/NZS 5601.\n37A—Electronic certificates of compliance\n\t(1)\tFor the purposes of section 55(2) of the Act, an electronic certificate of compliance may only be relied upon if it—\n\t(a)\tcertifies that the gas installation to which the electronic certificate of compliance relates complies with any applicable requirements set out in—\n\t(i)\tin the case of a liquefied petroleum gas installation—AS/NZS 5601 and AS/NZS 1596;\n\t(ii)\tin any other case—AS/NZS 5601; and\n\t(b)\tis issued by a registered gas fitting worker.\n\t(2)\tThe following requirements apply to an electronic certificate of compliance issued under this regulation:\n\t(a)\tin the case of an electronic certificate of compliance issued by a registered gas fitting worker who is an employed worker—\n\t(i)\tthe registered gas fitting worker must complete the electronic certificate of compliance to the extent required by the Technical Regulator under regulation 45 after completion of the work and issue the certificate to—\n\t(A)\tthe contractor; or\n\t(B)\tthe contractor's duly authorised agent; and\n\t(ii)\tthe contractor or the contractor's duly authorised agent, if satisfied that the work or examinations and tests have been carried out in accordance with the standards and requirements referred to in subregulation (1), must—\n\t(A)\tcomplete the electronic certificate of compliance; and\n\t(B)\twithin 30 days after completion of the work, provide the electronic certificate of compliance to the Technical Regulator and the owner or operator of the installation;\n\t(b)\tin any other case—the registered gas fitting worker must, within 30 days after completion of the work, issue the electronic certificate of compliance and provide it to—\n\t(i)\tthe Technical Regulator; and\n\t(ii)\tthe owner or operator of the installation.\n","sortOrder":8},{"sectionNumber":"Div 2","sectionType":"division","heading":"Gas supply, quality etc","content":"Division 2—Gas supply, quality etc\n38—Obligations of distribution system operator and other persons in relation to quality of gas\n\t(1)\tA distribution system operator must ensure that the following requirements are complied with in relation to gas distributed by the system:\n\t(a)\tthe gas must—\n\t(i)\tbe at a safe temperature and pressure and safe in all other respects for the purposes of the system; and\n\t(ii)\tcontain sufficient odorant that it has a distinctive smell to a person with a normal sense of smell at one‑fifth of the lower explosive limit in air; and\n\t(iii)\tcomply with the relevant specifications set out in Schedule 2 (unless otherwise agreed between the Technical Regulator and the operator);\n\t(b)\tbefore connection or reconnection of a gas supply to a place, steps must be taken to ensure that the gas supply is suitable for each gas installation situated in the place that will be connected to the gas supply;\n\t(c)\tthe gas must be supplied so that—\n\t(i)\tthe operating pressure of the gas at the outlet of each meter set for recording a customer's consumption of gas is 1 kPa or more but less than 3 kPa subject to any written requirement of the customer or agreement between the Technical Regulator and the operator for gas to be supplied at more than 3 kPa; and\n\t(ii)\tthe pressure of the gas at each such meter set is within the meter set manufacturer's designated pressure operating range.\n\t(2)\tAfter a gas installation referred to in subregulation (1)(b) has been connected (including for the first time), reconnected or a person has carried out work on such an installation, the person who performed the connection, reconnection or carried out the work must issue an electronic certificate of compliance to the effect that the requirement in subregulation (1)(b) has been complied with.\n\t(3)\tThe person must—\n\t(a)\tprovide a copy of the completed electronic certificate of compliance to the person on whose behalf the work was carried out; and\n\t(b)\tprovide a copy of the completed electronic certificate of compliance to the distribution system operator.\n\t(4)\tFor the purposes of ensuring compliance with subregulation (1)(b), reliance may be placed on an electronic certificate of compliance issued for the purposes of section 56 of the Act in relation to the gas installation.\n\t(5)\tDespite regulation 7(4), a person who operates a prescribed transmission pipeline is not bound to comply with subregulation (1)(a)(ii).\n\t(6)\tHowever, a person who receives a gas supply directly from a transmission pipeline (if the gas supplied does not already contain sufficient odorant for the purposes of that subregulation) must comply with subregulation (1)(a)(ii).\n\t(7)\tIf a gas installation is reconnected following disconnection as a result of a change of customer or on the basis of a failure to pay for the gas supplied to premises at which the installation is located, the person who performs the reconnection is exempt from any requirement under this Part to issue an electronic certificate of compliance in respect of the reconnection.\n\t(8)\tIf, in respect of premises, a person installs or replaces a meter for recording consumption of gas (and performs no other work to which Division 1, Division 2 or Division 3 applies), the person is exempt from any requirement under this Part to issue an electronic certificate of compliance in respect of the installation or replacement of the meter.\n39—Obligations of retailer in relation to supply of gas\nA retailer must ensure that the following requirements are complied with in relation to gas supplied by the retailer to a customer:\n\t(a)\tbefore connection or reconnection of a gas supply to a place, steps must be taken to ensure that the gas supply is suitable for each gas installation situated in the place that will be connected to the gas supply;\n\t(b)\tthe heating value of the gas must, when measured at each measuring point approved by the Technical Regulator for that purpose, be within a margin of plus or minus 1% of the claimed heating value used by the gas entity as the basis for its charges to the customer for the gas;\n\t(c)\tthe measured heating value of the gas must not show systematic bias within that margin.\n40—Quality of liquefied petroleum gas supplied in pressurised vessel\nA person must not sell liquefied petroleum gas knowing, or in circumstances in which the person ought reasonably to know, that it is likely to be supplied to gas appliances from a pressurised vessel unless it complies with the relevant specifications set out in Schedule 2.\n","sortOrder":9},{"sectionNumber":"Div 3","sectionType":"division","heading":"Gas fitting work","content":"Division 3—Gas fitting work\n41—General gas fitting work\n\t(1)\tFor the purposes of section 56 of the Act, a person who carries out work on a gas installation or proposed gas installation (including work comprised of installing a Type A appliance, but not including work comprised of installing, commissioning or modifying a Type B appliance) must—\n\t(a)\tensure that the work is carried out, and examinations and tests are carried out, in accordance with  AS/NZS 5601 and any requirements of the Technical Regulator; and\n\t(b)\tif satisfied that the work has been carried out in accordance with AS/NZS 5601 and any requirements of the Technical Regulator, issue an electronic certificate of compliance to that effect.\n\t(2)\tThe person must—\n\t(a)\tprovide the completed electronic certificate of compliance to the person on whose behalf the work was carried out; and\n\t(b)\tif the work is associated with the making of a connection or reconnection to a distribution system, provide the completed electronic certificate of compliance to the distribution system operator; and\n\t(c)\tif the work is not associated with the making of such a connection or reconnection—\n\t(i)\tprovide the completed electronic certificate of compliance to the supplier of pressurised vessel gas for the installation, if known; or\n\t(ii)\tif the supplier is not known, provide the completed electronic certificate of compliance to the person on whose behalf the work was carried out.\n42—Installing Type A appliances\nFor the purposes of section 56 of the Act, a person who installs a Type A appliance must ensure that the appliance complies with any requirements under the Energy Products (Safety and Efficiency) Act 2000 relating to certification and labelling.\n43—Installing or commissioning Type B appliances\n\t(1)\tFor the purposes of section 56 of the Act—\n\t(a)\ta person who installs, commissions or modifies a Type B appliance must ensure that the work is carried out, and examinations and tests are carried out, in accordance with AS 3814 and AS/NZS 5601; and\n\t(b)\ta person who carries out work, or examinations or tests, related to moving a Type B appliance to a different location (whether on the same premises or otherwise) must ensure that the work is carried out, and examinations and tests are carried out, in accordance with AS 3814.\n\t(2)\tA person must not commence supplying gas for use in a Type B appliance following installation of the appliance unless the appliance has been approved as complying with the requirements of AS 3814.\n\t(3)\tSubregulation (2) does not prevent a person from temporarily supplying gas for the purposes of the commissioning of a Type B appliance or the determination of whether the appliance complies with the requirements of AS 3814.\n\t(4)\tFor the purposes of this regulation, AS 3814 and AS/NZS 5601 are to be read as if any requirement for approval of a regulatory body were a requirement—\n\t(a)\tif the appliance in question is, or is to be, connected to a distribution system, for approval of the distribution system operator whose system it is or an authorised officer;\n\t(b)\tin any other case, for approval of an authorised officer.\n\t(5)\tAn approval under this regulation must be in a form approved by the Technical Regulator.\n\t(6)\tThe person approving a Type B appliance under this regulation must complete a Type B certificate of compliance to the effect that the requirements for approval under this regulation have been complied with.\n\t(7)\tThe person—\n\t(a)\tmust provide a copy of the completed Type B certificate of compliance to—\n\t(i)\tthe person on whose behalf the work was carried out; and\n\t(ii)\tthe Technical Regulator; and\n\t(b)\tbeing an authorised officer, must—\n\t(i)\tif the work is associated with the making of a connection or reconnection to a distribution system, provide a copy of the completed Type B certificate of compliance to the distribution system operator; or\n\t(ii)\tif the work is not associated with the making of a connection or reconnection to a distribution system—\n\t(A)\tprovide a copy to the supplier of pressurised vessel gas for the installation, if known; or\n\t(B)\tif the supplier is not known, provide a further copy to the person on whose behalf the work was carried out.\n\t(8)\tIf the person on whose behalf work on a Type B appliance was carried out is not the owner of the appliance, that person must, within 30 days of completing the work, provide a copy of the Type B certificate of compliance to the owner of the appliance.\n\t(9)\tDespite regulation 45, the owner of a Type B appliance must—\n\t(a)\tkeep a copy of each Type B certificate of compliance provided in relation to the appliance until the appliance is sold or otherwise disposed of; and\n\t(b)\ton sale or transfer of the appliance, deliver copies of all certificates of compliance held in relation to the appliance to the new owner (who must keep any Type B certificate in accordance with paragraph (a)).\n\t(10)\tA fee determined on a basis approved by the Commission may be required by the distribution system operator or the authorised officer for determining whether to approve a Type B appliance under this regulation.\n\t(11)\tA fee required by a distribution system operator or an authorised officer who is not a Public Service employee may be retained by the operator or officer.\n\t(12)\tIn this regulation—\nType B certificate of compliance means a certificate of compliance issued for the purposes of Part 9 Division 3 of the Act that certifies that the requirements for approval of a Type B appliance under this regulation have been complied with.\n44—Requirements relating to installation of certain heating appliances\n\t(1)\tFor the purposes of section 56 of the Act, a person who installs a flueless gas space heater in residential premises must ensure that the following requirements are complied with:\n\t(a)\tthe maximum gas consumption level of the heater must not exceed 18 MJ/h;\n\t(b)\tthe heater must have been approved as complying with the requirements of the applicable Australian gas appliance standard listed in AS 3645;\n\t(c)\t2 permanent ventilation openings, 1 near the ceiling of the premises and the other near the floor, must be available to allow direct ventilation to an area outside the premises;\n\t(d)\teach opening must have a minimum free area of 1 000 square millimetres per MJ/h (being the maximum gas consumption level of the heater expressed in MJ/h).\n\t(2)\tDespite subregulation (1)(a), a person may install a flueless gas space heater in residential premises where the maximum gas consumption level of the heater exceeds 18 MJ/h with the approval of the Technical Regulator.\n\t(3)\tThe Technical Regulator may not grant an approval unless the Technical Regulator is satisfied that adequate safety features in relation to the heater are demonstrated by the manufacturer or supplier of the heater.\nflueless gas space heater means a heater designed to discharge flue gases produced by the heater directly into the space in which the heater is situated.\n","sortOrder":10},{"sectionNumber":"Div 4","sectionType":"division","heading":"Certificates of compliance","content":"Division 4—Certificates of compliance\n45—Requirements relating to electronic certificates of compliance\n\t(1)\tThe following requirements apply to an electronic certificate of compliance under this Part:\n\t(a)\tif the electronic certificate of compliance must be provided to a person, the certificate must be so provided within 30 days after completion of the work, examinations and tests, connection, reconnection or approval (as the case may be) to which the certificate relates;\n\t(b)\tthe person providing the electronic certificate of compliance must store the completed certificate for at least 5 years after the completion of the work, examinations and tests, connection, reconnection or approval (as the case may be) to which the certificate relates.\n\t(2)\tThe Technical Regulator may prepare and publish requirements relating to electronic certificates of compliance under this Part.\n\t(3)\tRequirements prepared and published under subregulation (2) may include—\n\t(a)\trequirements as to the use of the official format for electronic certificates of compliance determined by the Technical Regulator; and\n\t(b)\trequirements as to the issuing, providing and certifying of electronic certificates of compliance, including as to the electronic provision of certificates; and\n\t(c)\tother requirements determined by the Technical Regulator.\n\t(4)\tThe Technical Regulator may exempt a person, or persons of a specified class, from a requirement under subregulation (2) on conditions determined by the Technical Regulator.\n","sortOrder":11},{"sectionNumber":"Div 5","sectionType":"division","heading":"Reporting and investigation of accidents","content":"Division 5—Reporting and investigation of accidents\n46—Reporting of accidents\n\t(1)\tFor the purposes of section 58 of the Act, a report must be made to the Technical Regulator of the details of the accident—\n\t(a)\tin the case of a death resulting from the accident—immediately by telephone;\n\t(b)\tin the case of a person requiring medical assistance resulting from the accident—within 1 working day of the accident;\n\t(c)\tin the case of property damage of more than $5 000 resulting from the accident—within 10 working days of the accident;\n\t(d)\tin the case of any injury to person or property or a dangerous situation involving a gas infrastructure pipeline operating above 1 050 kPa or involving the attendance of a fire brigade—within 1 month of the accident.\n\t(2)\tA gas entity or person who is required to report an accident in accordance with section 58 of the Act must provide the Technical Regulator with such further details of the accident as the Technical Regulator reasonably requires.\n47—Investigation of accidents\nA gas entity that operates a distribution system must comply with any direction given by the Technical Regulator relating to the investigation of an accident to which section 58 of the Act relates, including a direction to conduct such examinations and tests as are required by the Technical Regulator.\n","sortOrder":12},{"sectionNumber":"Div 6","sectionType":"division","heading":"Safety, reliability, maintenance and technical management plans and reports","content":"Division 6—Safety, reliability, maintenance and technical management plans and reports\n48—Application of Division\n\t(1)\tThis Division applies to a licensee holding a licence authorising the operation of a distribution system or a person exempted from the requirement to hold such a licence.\n\t(2)\tHowever, the Technical Regulator may grant an exemption from this Division, or specified provisions of this Division, on terms and conditions the Technical Regulator considers appropriate.\n49—Safety, reliability, maintenance and technical management plans\n\t(1)\tA person to whom this Division applies who is exempted from the requirement to hold a licence must, if so required by the Technical Regulator by notice in writing—\n\t(a)\tprepare, maintain and periodically revise a safety, reliability, maintenance and technical management plan dealing with matters prescribed by subregulation (2);\n\t(b)\tobtain the approval of the Technical Regulator to the plan and any revision;\n\t(c)\tcomply with the plan as approved from time to time;\n\t(d)\taudit from time to time the person's compliance with the plan and report the results of those audits to the Technical Regulator.\n\t(2)\tFor the purposes of section 26(1)(b) of the Act, the following are matters that must be dealt with by a safety, reliability, maintenance and technical management plan:\n\t(a)\tthe safe design, installation, commissioning, operation, maintenance and decommissioning of gas infrastructure owned or operated by the person;\n\t(b)\tthe maintenance of a supply of gas of the quality required to be maintained by or under the Act, these regulations, the person's licence or the conditions of any exemption granted to the person;\n\t(c)\tensuring adequacy of the distribution system at all times of high demand on the system;\n\t(d)\tensuring that gas supply is suitable for each gas installation situated in a place that will be connected or reconnected to the distribution system;\n\t(e)\tensuring that an appropriate level of examination and testing of installations (including appliances) is carried out on the new connection of gas supply to a place to provide assurance of the safety of gas installations;\n\t(f)\tensuring compliance with code provisions under the Essential Services Commission Act 2002 relating to metering of gas supply at delivery points;\n\t(g)\tmonitoring compliance with code provisions under the Essential Services Commission Act 2002 relating to metering of gas supply at delivery points;\n\t(h)\tthe implementation and conduct of safety measures and training programs for the purpose of—\n\t(i)\treducing the risk of death or injury, or damage to property, arising out of the operation of gas infrastructure owned or operated by the person;\n\t(ii)\tensuring that employees performing work in respect of gas infrastructure owned or operated by the person are competent and properly trained, perform their work safely and are provided with a safe system of work;\n\t(i)\tensuring that contractors performing work in respect of gas infrastructure owned or operated by the person have processes and procedures for ensuring that the persons personally performing the work are competent and properly trained, perform their work safely and are provided with a safe system of work;\n\t(j)\tthe manner in which accidents and unsafe situations are to be dealt with, reported and investigated;\n\t(k)\tmonitoring compliance with safety and technical requirements imposed by or under the Act, these regulations, the person's licence or the conditions of any exemption granted to the person;\n\t(l)\tmonitoring gas infrastructure owned or operated by the person for the purposes of identifying infrastructure that is unsafe or at risk of failing or malfunctioning;\n\t(m)\tthe establishment of indicators and the collection and recording of information to measure the person's performance in respect of matters referred to in the preceding paragraphs.\n\t(3)\tA person to whom this Division applies must, at the request of the Technical Regulator, provide the Technical Regulator with such information and access to such officers, employees and contractors as the Technical Regulator reasonably requires for the purposes of determining whether a safety, reliability, maintenance and technical management plan prepared by the person is operating effectively and whether that person is complying with the plan.\n50—Safety, reliability, maintenance and technical management reports\n\t(1)\tA person to whom this Division applies must, within 24 hours after an unplanned interruption to the supply of gas that affected the supply of gas to 5 or more but less than 100 customers, lodge with the Technical Regulator a report stating in relation to that interruption the following:\n\t(a)\tthe date, time and cause of the interruption;\n\t(b)\tthe number of customers affected by the interruption;\n\t(c)\tthe locations (for example, in the case of city customers, the suburbs) of all of the customers affected;\n\t(d)\tthe time taken to restore supply to all of the customers affected;\n\t(e)\tthe time taken to restore supply to the majority of the customers affected.\n\t(2)\tA person to whom this Division applies must, within 2 hours after an unplanned interruption to the supply of gas that affected the supply of gas to 100 or more customers, lodge with the Technical Regulator a report stating in relation to that interruption the information referred to in the paragraphs of subregulation (1) that is known to the person at the time of the report.\n\t(3)\tSubregulations (1) and (2) do not apply in relation to—\n\t(a)\tan interruption to the supply of gas to a customer if the interruption was in accordance with an interruptible or curtailable supply contract with the customer; or\n\t(b)\tan interruption to the supply of gas to a customer that occurred at the request of the customer or that was caused by the customer.\n\t(4)\tA person to whom this Division applies must, on or before 31 August in each year, lodge with the Technical Regulator a report relating to the previous financial year containing the following information:\n\t(a)\ta general description of the circumstances in which gas infrastructure owned or operated by the person has failed or malfunctioned or been found to be unsafe and of the action taken to rectify, or to prevent or minimise the risk or recurrence of, the failure, malfunction or unsafe situation;\n\t(b)\twhether the person has been able to comply with all aspects of the person's safety, reliability, maintenance and technical management plan and whether the person considers the plan to have been operating effectively.\n\t(5)\tIn this regulation—\nquarter means a period of 3 months commencing 1 January, 1 April, 1 July or 1 October.\n","sortOrder":13},{"sectionNumber":"Part 10","sectionType":"part","heading":"Miscellaneous","content":"Part 10—Miscellaneous\n51—Work near gas infrastructure\nFor the purposes of section 83(3)(a) of the Act, a person who does work near gas infrastructure must comply with any applicable requirements of AS/NZS 4645, AS/NZS 1596 and AS 2885.\n52—Technical Regulator may grant exemption from Part 9 or this Part\n\t(1)\tThe Technical Regulator may grant an exemption from a specified provision or provisions of Part 9 or this Part on terms and conditions the Technical Regulator considers appropriate.\n\t(2)\tAn exemption under subregulation (1) may be varied or revoked by the Technical Regulator by notice in writing.\n53—General penalty\nA person who contravenes or fails to comply with a provision of these regulations for which a specific penalty is not provided is guilty of an offence.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n54—Fees for reinspection etc\n\t(1)\tA person to whom a direction has been given under section 57, 68 or 69 of the Act is liable to pay a fee of an amount equal to the reasonable costs of any reinspection or reattendance by an authorised officer for the purpose of ensuring compliance with the direction or approving reconnection of the gas supply.\n\t(2)\tThe Technical Regulator may recover a fee payable under subregulation (1) as a debt by action in a court of competent jurisdiction.\n55—Sale of gas where supply affected by gas rationing direction under section 37 of Act\n\t(1)\tSubject to this regulation, if—\n\t(a)\tan affected retailer has a quantity of gas available for supply to an affected customer on that day that exceeds the allocated quantity for the customer for that day; and\n\t(b)\tthe affected retailer has made an offer to supply an additional quantity of gas to the affected customer on that day in accordance with approved terms that has been accepted by the customer,\nthen—\n\t(c)\tthe affected retailer must, on that day—\n\t(i)\tsupply the affected customer with the allocated quantity for that day in accordance with the pre‑existing terms; and\n\t(ii)\tsupply the affected customer with the additional quantity of gas in accordance with the approved terms; and\n\t(d)\tthe affected retailer will be taken to incur no contractual liability by reason of the fact that the affected retailer has supplied only the allocated quantity for that day to the affected customer under the pre‑existing terms.\n\t(2)\tThe Minister may, by written notice to a regulated entity, exclude the entity from the application of this regulation from a day specified in the notice.\n\t(3)\tThe Minister may, by written notice to a regulated entity, vary or revoke a previous notice to the entity under this regulation.\n\t(4)\tIf an affected retailer has received payment from an affected customer for gas that included an additional quantity of gas and the payment was in excess of the amount payable by the customer in accordance with the terms referred to in subregulation (1)(c), the affected retailer must repay to the customer, or, with the consent of the customer, credit to the customer's account, the amount of the overpayment as soon as practicable after the commencement of this subregulation or after becoming aware of the overpayment, whichever occurs later.\nMaximum penalty: $10 000.\nExpiation fee: $315.\n\t(5)\tIn this regulation—\nadditional quantity of gas, in relation to an affected customer and a gas day, means a quantity of gas in addition to the allocated quantity for the customer for that day;\naffected customer means a customer whose entitlement to the supply of gas is affected by a rationing direction;\naffected retailer means a regulated entity authorised to sell gas by retail (whether or not the entity is required to hold a licence under the Act) to which a rationing direction applies on a gas day;\nallocated quantity for an affected customer for a gas day, means the quantity of gas to which the customer is entitled for that day under the rationing direction;\napproved terms, in relation to the supply by an affected retailer of an additional quantity of gas to an affected customer on a gas day, means contractual terms governing that supply that—\n\t(a)\tfix as the unit price (exclusive of GST) for the additional quantity on that day—\n\t(i)\tif the Minister has, by written notice to the affected retailer, approved a unit price for that quantity on that day—a price not more than the price approved by the Minister; or\n\t(ii)\tin any other case—a price not more than the unit price for the supply of gas on that day under the pre‑existing terms increased by the amount (if any) by which the average unit price for the purchase by the affected retailer of all additional gas for supply to affected customers on that day exceeds the average unit price for the purchase by the affected retailer of all gas for supply to affected customers on that day under pre‑existing terms; and\n\t(b)\trequire the affected retailer to use its best endeavours to supply additional quantities of gas to the customer but allow the affected retailer to interrupt or withhold supply of an additional quantity as necessary in circumstances where the affected retailer experiences a shortfall in the additional quantities of gas available to the affected retailer for its affected customers and apportions the shortfall amongst those customers in a manner approved by the Minister by written notice to the affected retailer; and\n\t(c)\tare in other respects no more favourable to the affected retailer than the pre‑existing terms;\ngas day means a period of 24 hours commencing at 6 am;\npre‑existing terms, in relation to the supply of gas by an affected retailer to an affected customer on a gas day, means the contractual terms that would have applied to that supply of gas if the rationing direction had not been given and this regulation had not been made;\nrationing direction means a direction given by the Minister to an affected retailer under section 37 of the Act governing the supply of gas by the affected retailer to customers of the affected retailer.\n","sortOrder":14},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Flame speed factor and sooting index","content":"Schedule 1—Flame speed factor and sooting index\n(regulation 3)\n","sortOrder":15},{"sectionNumber":"Part 1","sectionType":"part","heading":"Flame speed factor","content":"Part 1—Flame speed factor\n*The flame speed factor (S) of a gas is given by—\n\nF = flame speed coefficient for each combustible component according to the table in Part 3\nm = mole fraction of combustible component that has a flame speed coefficient Fm\nA = air requirement for each combustible gas component according to the table in Part 3\nn = mole fraction of combustible component that has an Air requirement of An according to the table in Part 3\nZ = the total mole fraction of inert gases (eg CO2, N2)\nQ = the mole fraction of oxygen present.\n1\tBased on Gilbert, M.G. and Prigg, J.A., Gas Council Research Communication GC35 (see Transactions of the Institution of Gas Engineers 1956/57).\nPart 2—Sooting index\n*The sooting index (I) of a gas is given by—\n\nB = the sooting coefficient for each combustible component according to the table in Part 3\na = the volume per cent of component that has a sooting coefficient of Ba\nH2 = the volume per cent of hydrogen in the gas\nCO = the volume per cent of carbon monoxide in the gas\nO2 = the volume per cent of oxygen in the gas\nd = the relative density of the gas.\n","sortOrder":16},{"sectionNumber":"1","sectionType":"section","heading":"Based on Schneck, H. and Delbourg, P., Journal des Industries du Gaz, December, 1962.","content":"1\tBased on Schneck, H. and Delbourg, P., Journal des Industries du Gaz, December, 1962.\n","sortOrder":17},{"sectionNumber":"Part 3","sectionType":"part","heading":"Table","content":"Part 3—Table\n\nCombustible Gas Component\nFlame Speed Coefficient F\nAir Requirement A\nSooting Coefficient B\ncarbon monoxide\n2.39\n—\nhydrogen\n2.39\n—\nmethane\n9.55\n1.0\nethane\n16.71\n2.0\npropane\n23.87\n3.6\nbutane\n31.03\n4.7\npentane\n38.00\n6.0\nhexane\n45.00\nheptane\n52.00\noctane\n59.00\nethylene\n14.32\n2.8\npropylene\n21.48\n6.0\nbutylene\n28.64\n7.0\n","sortOrder":18},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Gas specifications","content":"Schedule 2—Gas specifications\n(regulations 38 and 40)\n1—Specifications for natural gas\nThe specifications for natural gas are the limits set out in AS 4564 for general purpose natural gas (within the meaning of that Standard).\n2—Specifications for liquefied petroleum gas\nThe specifications for liquefied petroleum gas are the limits set out in AS 4670.\n","sortOrder":19},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"Transitional provisions","content":"Schedule 3—Transitional provisions\n2—Transitional provisions\n\t(1)\tDespite regulation 4 of these regulations, regulation 4A of the revoked regulations as in force immediately before the commencement of this clause will continue to apply to work to be undertaken or underway (being work within the ambit of regulation 4A) until 1 March 2013.\n\t(2)\tIn this clause—\nrevoked regulations means the Gas Regulations 1997.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of these regulations (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation revoked by principal regulations\nThe Gas Regulations 2012 revoked the following:\nGas Regulations 1997\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\nGazette 30.8.2012 p4055\n1.9.2012: r 2\nGazette 31.1.2013 p188\n1.2.2013: r 2\nGazette 6.11.2014 p6393\n1.1.2015: r 2\nGazette 8.12.2016 p4941\n1.1.2017: r 2\nGazette 26.9.2019 p3360\n30.12.2019: r 2\nGazette 9.7.2020 p3779\n9.7.2020: r 2\nGazette 26.11.2020 p5386\n1.1.2021: r 2\nGazette 29.6.2023 p2047\n18.9.2023: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\nr 2\nomitted under Legislation Revision and Publication Act 2002\nPt 2\n\nr 6\nsubstituted by 5/2013 r 4\nPt 3\n\nr 13\nsubstituted by 5/2013 r 5\nPt 4 before substitution by 263/2014\nwill expire: r 31\n(31.12.2014)\nr 16\n\nr 16(1)\nvaried by 5/2013 r 6(1)\nr 16(1a)\ninserted by 5/2013 r 6(2)\nr 16(2)\nvaried by 5/2013 r 6(3)\nr 17\n\nr 17(1)\n\nenergy credit\nvaried by 5/2013 r 7(1)\nGEAT\ninserted by 5/2013 r 7(3)\nGGRT\nvaried by 5/2013 r 7(2)\nGLEAT\ndeleted by 5/2013 r 7(3)\nrelevant electricity retailer\nvaried by 5/2013 r 7(4)\nrelevant gas retailer\nvaried by 5/2013 r 7(5)\nr 17(3)\nvaried by 5/2013 r 7(6)\nr 22\n\nr 22(1)\nvaried by 5/2013 r 8\nr 23\n\nr 23(1)—(4)\nvaried by 5/2013 r 9\nr 23(5)\n\nenergy audit shortfall\nvaried by 5/2013 r 9\nr 27\n\nr 27(3)\nvaried by 5/2013 r 10\nPt 4 before substitution by 305/2020\nsubstituted by 263/2014 r 4\n\nwill expire: r 31\n(31.12.2020)\nr 29A\ninserted by 233/2020 r 4\n9.7.2020\nPt 4\nsubstituted by 305/2020 r 4\n\nwill expire: r 30\n(31.12.2030)\nPt 8A\ninserted by 5/2013 r 11\nr 36A\n\nr 36A(1)\nvaried by 263/2014 r 5\n\nvaried by 305/2020 r 5\nr 36B\nsubstituted by 210/2019 r 4\n30.12.2019\nPt 9 Div A1\ninserted by 280/2016 r 4\nPt 9 Div 1\n\nr 37\n\nr 37(2) and (3)\ndeleted by 280/2016 r 5\nr 37A\ninserted by 280/2016 r 6\nPt 9 Div 2\n\nr 38\n\nr 38(2)\nvaried by 280/2016 r 7(1)\nr 38(3)\nvaried by 280/2016 r 7(2)\nr 38(4)\nvaried by 280/2016 r 7(3)\nr 38(7) and (8)\ninserted by 280/2016 r 7(4)\nPt 9 Div 3\n\nr 41\n\nr 41(1)\nvaried by 280/2016 r 8(1)\nr 41(2)\nvaried by 280/2016 r 8(2)—(5)\nr 43\n\nr 43(6)—(9)\nvaried by 280/2016 r 9(1)\nr 43(12)\ninserted by 280/2016 r 9(2)\nPt 9 Div 4\n\nr 45\nsubstituted by 280/2016 r 10\nPt 10\n\nr 55\n\nr 55(2)\nvaried by 5/2013 r 12(1)\nr 55(3)\nvaried by 5/2013 r 12(2)\nr 55(5)\n\naffected retailer\nvaried by 5/2013 r 12(3)\nSch 2\n\ncl 2\nsubstituted by 59/2023 r 3\n18.9.2023\ncl 3\ndeleted by 59/2023 r 3\n18.9.2023\nSch 3\n\ncl 1\nomitted under Legislation Revision and Publication Act 2002\nTransitional etc provisions associated with regulations or variations\nGas Variation Regulations 2014 (No 263 of 2014), Sch 1—Transitional provisions\n1—Interpretation\nIn this Schedule—\nnew Part 4 means Part 4 of the Gas Regulations 2012 (as substituted by these regulations);\nold Part 4 means Part 4 of the Gas Regulations 2012 as in force immediately before the commencement of these regulations.\n2—Energy credits\nDespite the revocation of old Part 4 by these regulations, an energy credit accrued by a retailer before that revocation (other than a credit transferred under regulation 27 of old Part 4) will, on the commencement of new Part 4, be taken to be an energy credit for the purposes of new Part 4.\n3—Energy efficiency activities and energy audits\nAn energy efficiency activity or an energy audit undertaken by a retailer immediately before the commencement of new Part 4 will only be taken to be an energy efficiency activity or an energy audit for the purposes of new Part 4 if the activity or audit is reported to the Commission before a day designated by the Commission by notice in the Gazette.\n4—Commission to convert energy savings\n\t(1)\tFor the purposes of clauses 2 and 3, the Commission must, in accordance with any requirements of the Minister, determine the manner in which—\n\t(a)\tan energy efficiency activity undertaken by a retailer; or\n\t(b)\tan energy credit accrued by a retailer,\nbefore the revocation of old Part 4 by these regulations and expressed in tonnes of carbon dioxide equivalent will be converted into an amount of energy taken to have been saved by the retailer for the purposes of new Part 4.\n\t(2)\tIn addition, the Commission must, in accordance with any requirements of the Minister, determine the manner in which any—\n\t(a)\tenergy efficiency shortfall; or\n\t(b)\tenergy efficiency shortfall for priority group households,\nwhich—\n\t(c)\tapplied to a retailer immediately before the revocation of old Part 4; and\n\t(d)\tmust be added to a target under new Part 4 (as a result of the operation of regulations 20(3) and 21(3)); and\n\t(e)\tis expressed in tonnes of carbon dioxide equivalent,\nwill be converted into an amount of energy required to be saved by the retailer for the purposes of new Part 4.\nGas Variation Regulations 2016 (No 280 of 2016), Sch 1\n1—Transitional provisions\n\t(1)\tUntil the prescribed day, despite the variations to Part 9 of the Gas Regulations 2012 by these regulations, a hard copy certificate of compliance may be issued in accordance with that Part (as in force immediately after the commencement of these regulations) using an official form in accordance with regulation 45(1)(a) and (2) of the Gas Regulations 2012 as in force immediately before the commencement of these regulations.\n\t(2)\tIf a hard copy certificate of compliance is issued in accordance with subclause (1), Part 9 of the Gas Regulations 2012 (as varied by these regulations) applies to the certificate of compliance with the following variations:\n\t(a)\ta reference in Part 9 to an electronic certificate of compliance will be taken to be a reference to the hard copy certificate of compliance;\n\t(b)\tthe hard copy certificate of compliance is not to be provided to the Technical Regulator under regulation 37A(2)(a)(ii)(B) and (2)(b)(i).\n\t(3)\tIn this clause—\nprescribed day means 30 June 2018.\nGas (Retailer Energy Productivity Scheme) Variation Regulations 2020, Sch 1—Transitional provisions\n1—Interpretation\nIn this Schedule—\nnew Part 4 means Part 4 of the Gas Regulations 2012 (as substituted by these regulations);\nold Part 4 means Part 4 of the Gas Regulations 2012 as in force immediately before the commencement of these regulations.\n2—Energy credits\n\t(1)\tDespite the revocation of old Part 4 by these regulations, energy credits accrued by a retailer before that revocation (other than a credit transferred under regulation 27 of old Part 4) up to an amount equivalent to 20% of the energy efficiency target applying to the retailer for 2020 (under old Part 4) will, on the commencement of new Part 4, be taken to be an energy credit for the purposes of new Part 4.\n\t(2)\tThe Commission must, in accordance with any requirements of the Minister, apply an energy credit referred to in subclause (1) to a retailer's EPT, or (if relevant) a primary subtarget or secondary subtarget applying to the retailer, under new Part 4.\n3—Energy efficiency shortfalls from 2020\nFor the purposes of regulation 24(2) of new Part 4, the Commission may adjust a target that would otherwise apply to a retailer in 2021 after taking into account any energy efficiency shortfall of a retailer under regulation 20 or 21 of old Part 4.\nHistorical versions\n\n30.12.2019\n\n9.7.2020\n\n","sortOrder":20}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The regulations' scope has expanded since the 1997 instruments. The 2012 Regulations consolidate licensing, safety and technical rules and, through later variations, added a substantive retailer energy productivity programme (Part 4 substituted 1.1.2021; regs 16–30) with target‑setting and penalties, and specific obligations for NERL retailers (Part 8A inserted 1.2.2013 and varied thereafter). Safety/technical provisions were strengthened (electronic certificates and management plans inserted 1.1.2017). The instrument now blends traditional safety/licensing regulation with market‑facing energy efficiency obligations and quantified enforcement mechanisms (see Legislative history and regs 16–30, 36A, 37A, 45)."},"complexity_factors":["Extensive cross‑referencing to multiple Acts and external instruments (Gas Act 1997, National Energy Retail Law, Essential Services Commission Act 2002, various Australian Standards) (see regs 3, 6, 36A).","Retailer Energy Productivity Scheme with target‑setting, apportionment, carry‑forward/shortfall mechanics, subtargets and credit trading (regs 16–29) involving measurement units, conversion and financial penalties (reg 28(5)).","Detailed safety and technical regime tying design, installation and approvals to multiple Standards and Technical Regulator discretion, including electronic certificates and Type B appliance approval processes (regs 37, 37A, 41–45).","Multiple exemption and discretion points allowing the Commission or Technical Regulator to vary or exempt requirements (regs 4(b), 7(5)–(6), 52).","Penalty and fee structures with mixed bases (flat fees, per‑unit multipliers, administrative formulas) and recovery mechanisms (regs 9(3), 28(4)–(5), 36D, 54).","Transitional arrangements and expiry dates, plus a history of substitutions and amendments that change application and timing (Legislative history; regs 29–30; transitional schedules).","Operational complexity for retailers: reporting, compliance plans, audit obligations and potential joint obligations when customers transfer (regs 23, 24, 27).","Technical measurement and specification detail (flame speed, sooting index, Schedule 1; gas specs in Schedule 2) that feed into compliance testing and approval."],"plain_english_summary":"These regulations set out safety, technical, licensing, pricing and retail rules for gas businesses in South Australia, including mandatory standards, electronic certificates of compliance, reporting and default‑contract procedures. They create licences (with specified exemptions) and require safety and maintenance plans for distribution operators.\n\nThey also establish a Retailer Energy Productivity Scheme: the Minister sets annual energy‑saving targets and subtargets (regs 18–21), the Commission allocates and enforces those targets (regs 23–24), and retailers pay compliance costs, may trade energy credits (reg 25) and face quantified penalties for shortfalls (reg 28)."},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 2012 scope. The most substantial expansion is Part 4 (Retailer Energy Productivity Scheme), which was completely substituted in 2015 and again in 2020/2021, transforming from an energy efficiency scheme measured in carbon dioxide equivalents to a productivity scheme measured in 'normalised gigajoules' with complex subtarget structures. Part 8A was inserted in 2013 to regulate NERL retailers under national energy market frameworks. Part 9 has been heavily modified to transition from paper-based to electronic certificates of compliance. The regulations now encompass not just traditional gas safety and licensing, but national energy market integration, consumer protection against early termination fees, and climate-adjacent energy productivity targets."},"complexity_factors":["Extensive cross-referencing to external Australian Standards (AS/NZS 5601, AS 3814, AS 4564, etc.) that are 'called up' by the regulations but not reproduced within them","Nested conditional logic in the Retailer Energy Productivity Scheme (Part 4), including primary subtargets, secondary subtargets, 90% achievement thresholds, carry-forward shortfalls, and credit transfer mechanisms","Multiple overlapping definitions of 'small customer' based on consumption thresholds (1 TJ vs 10 TJ) depending on the context (ombudsman scheme vs price regulation)","Complex transitional provisions in Schedule 3 and the legislative history tracking multiple amendments (2013, 2014, 2016, 2019, 2020, 2023) with conversion formulas between old and new energy efficiency schemes","Dual regulatory oversight structure requiring coordination between the Commission (economic regulation) and Technical Regulator (safety/technical)","Mathematical formulas for flame speed factor and sooting index in Schedule 1, and fee calculation formulas in regulation 36D","Conditional exemptions and exceptions throughout (e.g., regulation 4's grace periods for compliance with updated standards, regulation 7's licensing exemptions for inset distribution systems)"],"plain_english_summary":"**What this legislation does:**\n\nThe *Gas Regulations 2012* (South Australia) are the detailed rules that sit under the *Gas Act 1997*. They govern how gas is supplied, sold, and made safe for use across the state. Think of the Act as the skeleton and these Regulations as the flesh and organs that make the system actually work day-to-day.\n\n**Who it affects:**\n\n*   **Gas retailers** – companies that sell gas to homes and businesses\n*   **Distribution network operators** – the companies that own and maintain the pipes\n*   **Gas fitters and plumbers** – the licensed tradespeople who install and repair gas appliances\n*   **Customers** – especially \"small customers\" (those using less than 1 terajoule per year, which covers most households and small businesses)\n*   **The Essential Services Commission (ESCOSA)** and the **Technical Regulator** – the government bodies that police the rules\n\n**Key areas covered:**\n\n*   **Licensing:** Who needs a licence to operate gas infrastructure or sell gas, how much they pay, and what conditions attach to their licence (including requirements to join an ombudsman scheme and provide clear pricing information)\n*   **Retailer Energy Productivity Scheme (REPS):** A scheme requiring larger gas retailers to help customers use less gas or use it more efficiently. Retailers must meet annual targets for \"energy productivity activities\" (like installing efficient appliances or providing energy advice). If they fall short, they face penalties or must make up the shortfall later. There are special targets for helping \"priority group households\" (vulnerable or low-income customers)\n*   **Price regulation:** Rules about which customers get regulated prices versus market prices, based on how much gas they use\n*   **Safety and technical standards:** Detailed requirements for gas quality (it must smell distinctive so leaks can be detected), pressure levels, and how appliances are installed. It mandates compliance with Australian Standards (like AS/NZS 5601 for gas installations)\n*   **Certificates of compliance:** Tradespeople must issue electronic certificates proving gas work meets safety standards, with specific rules for \"Type A\" (domestic) and \"Type B\" (industrial/commercial) appliances\n*   **Accident reporting:** Requirements to report gas-related deaths, injuries, or property damage to the Technical Regulator\n*   **National Energy Retail Law (NERL) retailers:** Special rules for retailers operating under national energy market rules, including bans on early termination fees for small customers and requirements to maintain safety awareness plans\n\n**Why it matters:**\n\nThese regulations ensure that when you turn on your gas heater or stove, the gas is safe, the pressure is right, and the appliance won't explode. They also protect consumers from unfair contract terms, ensure vulnerable households get help with energy efficiency, and create a framework for South Australia to transition toward more efficient gas use while maintaining safety standards."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative text was provided. The submission returned a 404-style error page from the South Australian legislation website, likely due to a broken or outdated URL following a website migration on 24 March 2026."},"complexity_factors":["No legislative content was retrievable — the submission contains only a website error page","Cannot assess actual regulatory complexity without access to the instrument","Score of 1 reflects the absence of any analysable legal content, not the simplicity of the underlying law"],"plain_english_summary":"**No legislation content could be retrieved.**\n\nThe link provided for the *Gas Regulations 2012* (South Australia) returned a **Page Not Found** error from the SA legislation website. This appears to be because the URL was created before 24 March 2026 and is no longer compatible with the updated website.\n\n**What this means for you:** No analysis of the actual Gas Regulations 2012 can be provided based on this submission. If you need to review this legislation, try:\n- Visiting [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and searching for *Gas Regulations 2012*\n- Recreating any bookmarks or hyperlinks to the document\n- Contacting the SA Office of Parliamentary Counsel at OPCWeb@sa.gov.au\n\nGenerally speaking, gas regulations in South Australia govern the **safe installation, use, and supply of gas appliances and infrastructure** — affecting homeowners, gas fitters, suppliers, and businesses — but no specific provisions can be confirmed from the content provided."}},"importantCases":[],"_links":{"self":"/api/acts/gas-regulations-2012","history":"/api/acts/gas-regulations-2012/history","analysis":"/api/acts/gas-regulations-2012/analysis","conflicts":"/api/acts/gas-regulations-2012/conflicts","importantCases":"/api/acts/gas-regulations-2012/important-cases","documents":"/api/acts/gas-regulations-2012/documents"}}