{"id":"qld:act-2003-029","name":"Gas Supply Act 2003","slug":"gas-supply-act-2003","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"29 of 2003","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":39297,"registerId":"qld-act-2003-029-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.1-pt.1","sectionType":"part","heading":"Introduction","content":"# Introduction","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Gas Supply Act 2003 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"ch.1-pt.2","sectionType":"part","heading":"Purpose and application of Act","content":"# Purpose and application of Act","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Main purposes of Act","content":"### sec.3 Main purposes of Act\n\nThe main purposes of this Act are to—\npromote efficient and economical supply of covered gases; and\nensure the interests of customers are protected by—\nregulating the distribution services for reticulated covered gases; and\nproviding for the making of relevant distribution network codes.\nThis Act also includes provisions about LPG distribution pipelines and LPG distribution systems. See sections 75 , 75A , 131A , 258 , 289 , 295 and 297 to 299 .\ns 3 amd 2006 No. 60 s 60 ; 2009 No. 16 s 36\nsub 2014 No. 48 s 109\namd 2023 No. 25 s 5\n(sec.3-ssec) The main purposes of this Act are to— promote efficient and economical supply of covered gases; and ensure the interests of customers are protected by— regulating the distribution services for reticulated covered gases; and providing for the making of relevant distribution network codes. This Act also includes provisions about LPG distribution pipelines and LPG distribution systems. See sections 75 , 75A , 131A , 258 , 289 , 295 and 297 to 299 .\n- (a) promote efficient and economical supply of covered gases; and\n- (b) ensure the interests of customers are protected by— (i) regulating the distribution services for reticulated covered gases; and (ii) providing for the making of relevant distribution network codes.\n- (i) regulating the distribution services for reticulated covered gases; and\n- (ii) providing for the making of relevant distribution network codes.\n- (i) regulating the distribution services for reticulated covered gases; and\n- (ii) providing for the making of relevant distribution network codes.","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Gas-related matters to which Act does not apply","content":"### sec.4 Gas-related matters to which Act does not apply\n\nThis Act does not—\nprovide for the safety of persons involved in, or who may be affected by, the supply or use of covered gases; or\nprovide for the measurement or quality of covered gases; or\nregulate gases other than—\ncovered gases; and\nLPG, in relation to LPG distribution pipelines and LPG distribution systems.\nThis Act provides for access to a distribution pipeline or system only to the extent of the physical connection, or the opening of the connection, to the pipeline or system.\nFor other laws about access to a distribution pipeline or system, see the Gas Pipelines Access Law, the Australian Consumer Law (Queensland) and the Queensland Competition Authority Act 1997 .\nOther than for chapter 4 , this Act does not provide for or regulate transmission pipelines.\ns 4 amd 2006 No. 60 s 61 ; 2014 No. 48 s 110 ; 2023 No. 25 s 6\n(sec.4-ssec.1) This Act does not— provide for the safety of persons involved in, or who may be affected by, the supply or use of covered gases; or provide for the measurement or quality of covered gases; or regulate gases other than— covered gases; and LPG, in relation to LPG distribution pipelines and LPG distribution systems.\n(sec.4-ssec.2) This Act provides for access to a distribution pipeline or system only to the extent of the physical connection, or the opening of the connection, to the pipeline or system. For other laws about access to a distribution pipeline or system, see the Gas Pipelines Access Law, the Australian Consumer Law (Queensland) and the Queensland Competition Authority Act 1997 .\n(sec.4-ssec.3) Other than for chapter 4 , this Act does not provide for or regulate transmission pipelines.\n- (a) provide for the safety of persons involved in, or who may be affected by, the supply or use of covered gases; or\n- (b) provide for the measurement or quality of covered gases; or\n- (c) regulate gases other than— (i) covered gases; and (ii) LPG, in relation to LPG distribution pipelines and LPG distribution systems.\n- (i) covered gases; and\n- (ii) LPG, in relation to LPG distribution pipelines and LPG distribution systems.\n- (i) covered gases; and\n- (ii) LPG, in relation to LPG distribution pipelines and LPG distribution systems.","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Act binds all persons","content":"### sec.5 Act binds all persons\n\nThis Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.\nHowever, the Commonwealth or a State can not be prosecuted for an offence against this Act.\n(sec.5-ssec.1) This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.\n(sec.5-ssec.2) However, the Commonwealth or a State can not be prosecuted for an offence against this Act.","sortOrder":6},{"sectionNumber":"sec.5A","sectionType":"section","heading":"Declaration for Commonwealth Act","content":"### sec.5A Declaration for Commonwealth Act\n\nA distribution authority is declared not to be personal property under the Personal Property Securities Act 2009 (Cwlth) .\ns 5A ins 2010 No. 44 s 108\nsub 2014 No. 48 s 111","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Act does not affect other rights or remedies","content":"### sec.6 Act does not affect other rights or remedies\n\nSubject to sections 241 , 256 , 315 and 316 , this Act does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise.\nWithout limiting subsection (1) , compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached.\nIn addition, a breach of an obligation under this Act does not, of itself, give rise to an action for breach of statutory duty or another civil right or remedy.\nThis Act does not limit a court’s powers under the Penalties and Sentences Act 1992 or another law.\n(sec.6-ssec.1) Subject to sections 241 , 256 , 315 and 316 , this Act does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise.\n(sec.6-ssec.2) Without limiting subsection (1) , compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached.\n(sec.6-ssec.3) In addition, a breach of an obligation under this Act does not, of itself, give rise to an action for breach of statutory duty or another civil right or remedy.\n(sec.6-ssec.4) This Act does not limit a court’s powers under the Penalties and Sentences Act 1992 or another law.","sortOrder":8},{"sectionNumber":"ch.1-pt.3","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":9},{"sectionNumber":"ch.1-pt.3-div.1","sectionType":"division","heading":"Dictionary","content":"## Dictionary","sortOrder":10},{"sectionNumber":"sec.7","sectionType":"section","heading":"Definitions","content":"### sec.7 Definitions\n\nThe dictionary in schedule 2 defines particular words used in this Act.\ns 7 amd 2006 No. 60 s 58 sch","sortOrder":11},{"sectionNumber":"ch.1-pt.3-div.2","sectionType":"division","heading":"Key definitions","content":"## Key definitions","sortOrder":12},{"sectionNumber":"sec.8","sectionType":"section","heading":"Who is the regulator","content":"### sec.8 Who is the regulator\n\nThe chief executive of the department is the regulator .","sortOrder":13},{"sectionNumber":"sec.9","sectionType":"section","heading":"What is a covered gas","content":"### sec.9 What is a covered gas\n\nA covered gas is a primary gas or a gas blend.\nA primary gas is—\nprocessed natural gas; or\nhydrogen; or\nbiomethane; or\nsynthetic methane; or\na gas, prescribed by regulation, that is suitable for consumption.\nProcessed natural gas is a substance that—\nis in a gaseous state at standard temperature and pressure; and\nconsists of hydrocarbons that occur naturally and other substances; and\nis more than half, by volume, methane; and\nhas been processed to be suitable for consumption.\nIn this section—\nbiogas means a gas derived or recovered from organic matter other than fossilised organic matter.\nbiomethane means a substance—\nthat is in a gaseous state at standard temperature and pressure; and\nthe principal constituent of which is methane; and\nthat is produced by refining biogas; and\nthat is suitable for consumption.\ngas blend means primary gases that have been blended together to be suitable for consumption.\nsynthetic methane means a substance—\nthat is in a gaseous state at standard temperature and pressure; and\nthe principal constituent of which is methane; and\nthat is produced by the methanation of carbon dioxide; and\nthat is suitable for consumption.\ns 9 prev s 9 om 2006 No. 60 s 62\npres s 9 ins 2023 No. 25 s 7\n(sec.9-ssec.1) A covered gas is a primary gas or a gas blend.\n(sec.9-ssec.2) A primary gas is— processed natural gas; or hydrogen; or biomethane; or synthetic methane; or a gas, prescribed by regulation, that is suitable for consumption.\n(sec.9-ssec.3) Processed natural gas is a substance that— is in a gaseous state at standard temperature and pressure; and consists of hydrocarbons that occur naturally and other substances; and is more than half, by volume, methane; and has been processed to be suitable for consumption.\n(sec.9-ssec.4) In this section— biogas means a gas derived or recovered from organic matter other than fossilised organic matter. biomethane means a substance— that is in a gaseous state at standard temperature and pressure; and the principal constituent of which is methane; and that is produced by refining biogas; and that is suitable for consumption. gas blend means primary gases that have been blended together to be suitable for consumption. synthetic methane means a substance— that is in a gaseous state at standard temperature and pressure; and the principal constituent of which is methane; and that is produced by the methanation of carbon dioxide; and that is suitable for consumption.\n- (a) processed natural gas; or\n- (b) hydrogen; or\n- (c) biomethane; or\n- (d) synthetic methane; or\n- (e) a gas, prescribed by regulation, that is suitable for consumption.\n- (a) is in a gaseous state at standard temperature and pressure; and\n- (b) consists of hydrocarbons that occur naturally and other substances; and\n- (c) is more than half, by volume, methane; and\n- (d) has been processed to be suitable for consumption.\n- (a) that is in a gaseous state at standard temperature and pressure; and\n- (b) the principal constituent of which is methane; and\n- (c) that is produced by refining biogas; and\n- (d) that is suitable for consumption.\n- (a) that is in a gaseous state at standard temperature and pressure; and\n- (b) the principal constituent of which is methane; and\n- (c) that is produced by the methanation of carbon dioxide; and\n- (d) that is suitable for consumption.","sortOrder":14},{"sectionNumber":"sec.10","sectionType":"section","heading":null,"content":"### Section sec.10\n\ns 10 amd 2006 No. 60 s 63 (1) – (2)\nom 2006 No. 60 s 63 (3)","sortOrder":15},{"sectionNumber":"sec.11","sectionType":"section","heading":null,"content":"### Section sec.11\n\ns 11 om 2023 No. 25 s 7","sortOrder":16},{"sectionNumber":"sec.12","sectionType":"section","heading":"What is a transmission pipeline","content":"### sec.12 What is a transmission pipeline\n\nA transmission pipeline is a pipeline operated, or to be operated, for the primary purpose of conveying a covered gas directly to a market after it has been processed, whether or not it is subsequently processed or reprocessed.\ns 12 amd 2006 No. 60 s 64 ; 2023 No. 25 s 31 sch 1","sortOrder":17},{"sectionNumber":"sec.13","sectionType":"section","heading":"What is a distribution pipeline","content":"### sec.13 What is a distribution pipeline\n\nA distribution pipeline is a pipeline that—\ntransports a covered gas as—\npart of a reticulation system within a covered gas market; or\na single point-to-point pipeline to a specific commercial or industrial facility; and\nis not a transmission pipeline.\ns 13 amd 2006 No. 60 s 65 ; 2023 No. 25 s 31 sch 1\n- (a) transports a covered gas as— (i) part of a reticulation system within a covered gas market; or (ii) a single point-to-point pipeline to a specific commercial or industrial facility; and\n- (i) part of a reticulation system within a covered gas market; or\n- (ii) a single point-to-point pipeline to a specific commercial or industrial facility; and\n- (b) is not a transmission pipeline.\n- (i) part of a reticulation system within a covered gas market; or\n- (ii) a single point-to-point pipeline to a specific commercial or industrial facility; and","sortOrder":18},{"sectionNumber":"sec.14","sectionType":"section","heading":"What is a distribution system","content":"### sec.14 What is a distribution system\n\nA distribution system is a system of distribution pipelines and meters and other equipment used for, or in connection with, the supply of a covered gas to more than 1 customer within a covered gas market.\nHowever, a distribution system does not include—\npipelines connected from the exit point of a meter installed for a customer’s premises; or\nappliances or equipment connected to pipelines mentioned in paragraph (a) .\ns 14 amd 2006 No. 60 s 66 ; 2023 No. 25 s 31 sch 1\n(sec.14-ssec.1) A distribution system is a system of distribution pipelines and meters and other equipment used for, or in connection with, the supply of a covered gas to more than 1 customer within a covered gas market.\n(sec.14-ssec.2) However, a distribution system does not include— pipelines connected from the exit point of a meter installed for a customer’s premises; or appliances or equipment connected to pipelines mentioned in paragraph (a) .\n- (a) pipelines connected from the exit point of a meter installed for a customer’s premises; or\n- (b) appliances or equipment connected to pipelines mentioned in paragraph (a) .","sortOrder":19},{"sectionNumber":"sec.15","sectionType":"section","heading":"When covered gas is reticulated","content":"### sec.15 When covered gas is reticulated\n\nA covered gas is reticulated if it is supplied by way of a distribution pipeline.\ns 15 amd 2006 No. 60 s 67 ; 2023 No. 25 s 31 sch 1","sortOrder":20},{"sectionNumber":"sec.16","sectionType":"section","heading":"Customers and their types","content":"### sec.16 Customers and their types\n\nA customer is a person who receives, or wants to receive, a reticulated covered gas.\nHowever, a receiver is only a customer if the receiver’s premises has an installation for a covered gas that, to the reasonable satisfaction of the distributor whose distribution area includes the premises, is capable of receiving supply directly from a distribution system.\nA small customer is a person who is—\na small customer, for covered gas, under the NERL (Qld), section 5 (2) ; or\nan excluded customer to whom a covered gas may be sold for premises only by an exempt seller and—\nwho purchases the covered gas from the exempt seller principally for personal, household or domestic use at premises; or\nwho consumes energy at premises below the upper consumption threshold applying under the NERL (Qld), section 6 .\nAn excluded customer is a person whose premises are located in—\nthe Maranoa distribution area; or\nthe Western Downs distribution area.\nIn this section—\nMaranoa distribution area means the distribution area described in the distribution authority held by the Maranoa Regional Council.\nWestern Downs distribution area means the distribution area described in the distribution authority held by the Western Downs Regional Council.\ns 16 sub 2006 No. 60 s 68\namd 2014 No. 48 s 112 ; 2023 No. 25 s 31 sch 1\n(sec.16-ssec.1) A customer is a person who receives, or wants to receive, a reticulated covered gas.\n(sec.16-ssec.2) However, a receiver is only a customer if the receiver’s premises has an installation for a covered gas that, to the reasonable satisfaction of the distributor whose distribution area includes the premises, is capable of receiving supply directly from a distribution system.\n(sec.16-ssec.3) A small customer is a person who is— a small customer, for covered gas, under the NERL (Qld), section 5 (2) ; or an excluded customer to whom a covered gas may be sold for premises only by an exempt seller and— who purchases the covered gas from the exempt seller principally for personal, household or domestic use at premises; or who consumes energy at premises below the upper consumption threshold applying under the NERL (Qld), section 6 .\n(sec.16-ssec.4) An excluded customer is a person whose premises are located in— the Maranoa distribution area; or the Western Downs distribution area.\n(sec.16-ssec.5) In this section— Maranoa distribution area means the distribution area described in the distribution authority held by the Maranoa Regional Council. Western Downs distribution area means the distribution area described in the distribution authority held by the Western Downs Regional Council.\n- (a) a small customer, for covered gas, under the NERL (Qld), section 5 (2) ; or\n- (b) an excluded customer to whom a covered gas may be sold for premises only by an exempt seller and— (i) who purchases the covered gas from the exempt seller principally for personal, household or domestic use at premises; or (ii) who consumes energy at premises below the upper consumption threshold applying under the NERL (Qld), section 6 .\n- (i) who purchases the covered gas from the exempt seller principally for personal, household or domestic use at premises; or\n- (ii) who consumes energy at premises below the upper consumption threshold applying under the NERL (Qld), section 6 .\n- (i) who purchases the covered gas from the exempt seller principally for personal, household or domestic use at premises; or\n- (ii) who consumes energy at premises below the upper consumption threshold applying under the NERL (Qld), section 6 .\n- (a) the Maranoa distribution area; or\n- (b) the Western Downs distribution area.","sortOrder":21},{"sectionNumber":"sec.17","sectionType":"section","heading":null,"content":"### Section sec.17\n\ns 17 sub 2006 No. 60 s 68\nom 2014 No. 48 s 113","sortOrder":22},{"sectionNumber":"sec.18","sectionType":"section","heading":null,"content":"### Section sec.18\n\ns 18 amd 2005 No. 51 s 12\nom 2006 No. 60 s 68","sortOrder":23},{"sectionNumber":"sec.19","sectionType":"section","heading":"What are customer connection services","content":"### sec.19 What are customer connection services\n\nA person provides customer connection services to premises by—\neither—\nif the premises are not already connected to a distribution pipeline or system for a covered gas—physically connecting the premises to the pipeline or system; or\nif the premises are already connected to a distribution pipeline or system for a covered gas—opening a physical connection to the pipeline or system to allow reticulated covered gas to be transported to the premises by way of the pipeline or system; and\nleaving the connection open to allow the covered gas to be transported to the premises by way of the pipeline or system.\nThe provision of customer connection services does not include the transportation of a covered gas.\ns 19 amd 2006 No. 60 s 69 ; 2023 No. 25 s 31 sch 1\n(sec.19-ssec.1) A person provides customer connection services to premises by— either— if the premises are not already connected to a distribution pipeline or system for a covered gas—physically connecting the premises to the pipeline or system; or if the premises are already connected to a distribution pipeline or system for a covered gas—opening a physical connection to the pipeline or system to allow reticulated covered gas to be transported to the premises by way of the pipeline or system; and leaving the connection open to allow the covered gas to be transported to the premises by way of the pipeline or system.\n(sec.19-ssec.2) The provision of customer connection services does not include the transportation of a covered gas.\n- (a) either— (i) if the premises are not already connected to a distribution pipeline or system for a covered gas—physically connecting the premises to the pipeline or system; or (ii) if the premises are already connected to a distribution pipeline or system for a covered gas—opening a physical connection to the pipeline or system to allow reticulated covered gas to be transported to the premises by way of the pipeline or system; and\n- (i) if the premises are not already connected to a distribution pipeline or system for a covered gas—physically connecting the premises to the pipeline or system; or\n- (ii) if the premises are already connected to a distribution pipeline or system for a covered gas—opening a physical connection to the pipeline or system to allow reticulated covered gas to be transported to the premises by way of the pipeline or system; and\n- (b) leaving the connection open to allow the covered gas to be transported to the premises by way of the pipeline or system.\n- (i) if the premises are not already connected to a distribution pipeline or system for a covered gas—physically connecting the premises to the pipeline or system; or\n- (ii) if the premises are already connected to a distribution pipeline or system for a covered gas—opening a physical connection to the pipeline or system to allow reticulated covered gas to be transported to the premises by way of the pipeline or system; and","sortOrder":24},{"sectionNumber":"sec.20","sectionType":"section","heading":null,"content":"### Section sec.20\n\ns 20 amd 2006 No. 60 s 70\nom 2014 No. 48 s 113","sortOrder":25},{"sectionNumber":"sec.21","sectionType":"section","heading":"What are a distribution authority and distribution area","content":"### sec.21 What are a distribution authority and distribution area\n\nA distribution authority authorises its holder to—\ntransport a covered gas through a distribution pipeline or system within a stated area ( distribution area ); and\nprovide customer connection services for the covered gas to premises in the area.\ns 21 amd 2006 No. 60 s 71\nsub 2014 No. 48 s 114\namd 2023 No. 25 s 31 sch 1\n- (a) transport a covered gas through a distribution pipeline or system within a stated area ( distribution area ); and\n- (b) provide customer connection services for the covered gas to premises in the area.","sortOrder":26},{"sectionNumber":"sec.22","sectionType":"section","heading":"Distributors and references to distributors","content":"### sec.22 Distributors and references to distributors\n\nThe distributor for—\na distribution authority—is its holder; or\na customer—is the person who holds a distribution authority and provides customer connection services for a covered gas to the customer; or\npremises—is the person who holds a distribution authority and provides customer connection services for a covered gas to a customer at the premises; or\ngas infrastructure is—\nif the infrastructure is the subject of a distribution authority—the person who holds the authority; or\nif the infrastructure is an LPG pipeline or LPG distribution system—the LPG distributor who owns or operates the pipeline or system; or\na distribution officer—is the distributor or LPG distributor that appointed the officer.\nFor when a distribution authority is required, see section 286 . See also section 72 .\nOtherwise, a reference to a distributor is a reference to a person who holds a distribution authority.\ns 22 amd 2006 No. 60 s 72 ; 2023 No. 25 s 31 sch 1\n(sec.22-ssec.1) The distributor for— a distribution authority—is its holder; or a customer—is the person who holds a distribution authority and provides customer connection services for a covered gas to the customer; or premises—is the person who holds a distribution authority and provides customer connection services for a covered gas to a customer at the premises; or gas infrastructure is— if the infrastructure is the subject of a distribution authority—the person who holds the authority; or if the infrastructure is an LPG pipeline or LPG distribution system—the LPG distributor who owns or operates the pipeline or system; or a distribution officer—is the distributor or LPG distributor that appointed the officer. For when a distribution authority is required, see section 286 . See also section 72 .\n(sec.22-ssec.2) Otherwise, a reference to a distributor is a reference to a person who holds a distribution authority.\n- (a) a distribution authority—is its holder; or\n- (b) a customer—is the person who holds a distribution authority and provides customer connection services for a covered gas to the customer; or\n- (c) premises—is the person who holds a distribution authority and provides customer connection services for a covered gas to a customer at the premises; or\n- (d) gas infrastructure is— (i) if the infrastructure is the subject of a distribution authority—the person who holds the authority; or (ii) if the infrastructure is an LPG pipeline or LPG distribution system—the LPG distributor who owns or operates the pipeline or system; or\n- (i) if the infrastructure is the subject of a distribution authority—the person who holds the authority; or\n- (ii) if the infrastructure is an LPG pipeline or LPG distribution system—the LPG distributor who owns or operates the pipeline or system; or\n- (e) a distribution officer—is the distributor or LPG distributor that appointed the officer.\n- (i) if the infrastructure is the subject of a distribution authority—the person who holds the authority; or\n- (ii) if the infrastructure is an LPG pipeline or LPG distribution system—the LPG distributor who owns or operates the pipeline or system; or","sortOrder":27},{"sectionNumber":"sec.23","sectionType":"section","heading":null,"content":"### Section sec.23\n\ns 23 amd 2005 No. 51 s 13 ; 2006 No. 60 s 73\nom 2014 No. 48 s 115","sortOrder":28},{"sectionNumber":"sec.24","sectionType":"section","heading":null,"content":"### Section sec.24\n\ns 24 om 2014 No. 48 s 116","sortOrder":29},{"sectionNumber":"sec.25","sectionType":"section","heading":null,"content":"### Section sec.25\n\ns 25 amd 2006 No. 60 s 74\nom 2014 No. 48 s 116","sortOrder":30},{"sectionNumber":"sec.26","sectionType":"section","heading":null,"content":"### Section sec.26\n\ns 26 amd 2005 No. 51 s 14\nom 2014 No. 48 s 116","sortOrder":31},{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"Distribution authorities","content":"# Distribution authorities","sortOrder":32},{"sectionNumber":"ch.2-pt.1-div.1","sectionType":"division","heading":"Applying for and obtaining distribution authority","content":"## Applying for and obtaining distribution authority","sortOrder":33},{"sectionNumber":"sec.27","sectionType":"section","heading":"Who may apply for distribution authority","content":"### sec.27 Who may apply for distribution authority\n\nA person may, in the approved form, apply to the regulator for a distribution authority.\nHowever, a retailer can not apply for a distribution authority to provide customer connection services for a covered gas to be transported through a pipeline if the retailer sells the covered gas transported through a covered pipeline.\nSee also sections 41 and 57 .\ns 27 amd 2023 No. 25 s 31 sch 1\n(sec.27-ssec.1) A person may, in the approved form, apply to the regulator for a distribution authority.\n(sec.27-ssec.2) However, a retailer can not apply for a distribution authority to provide customer connection services for a covered gas to be transported through a pipeline if the retailer sells the covered gas transported through a covered pipeline. See also sections 41 and 57 .","sortOrder":34},{"sectionNumber":"sec.28","sectionType":"section","heading":"Requirements for application","content":"### sec.28 Requirements for application\n\nThe application must—\ndescribe the distribution area for the distribution authority; and\nstate the type of covered gas for the distribution authority; and\nbe accompanied by the fee prescribed by regulation.\ns 28 amd 2005 No. 51 s 15 ; 2006 No. 60 s 76 ; 2014 No. 48 s 117 ; 2023 No. 25 s 8\n- (a) describe the distribution area for the distribution authority; and\n- (b) state the type of covered gas for the distribution authority; and\n- (c) be accompanied by the fee prescribed by regulation.","sortOrder":35},{"sectionNumber":"sec.29","sectionType":"section","heading":"Public notice by regulator and submissions","content":"### sec.29 Public notice by regulator and submissions\n\nThis section does not apply if the applicant holds a corresponding authority for the distribution authority.\nBefore deciding the application, the regulator must—\npublish in a Statewide newspaper a notice stating each of the following—\nthat an application for a distribution authority has been made;\nthe applicant’s name;\na period of at least 20 business days during which anyone may make written submissions to the regulator about the application;\nwhere the application, other than any part of the application that is RTI excluded information, may be inspected;\nthe type of covered gas for the distribution authority; and\nconsider written submissions about the application made to the regulator within the stated period.\ns 29 amd 2005 No. 51 s 16 ; 2009 No. 13 s 213 sch 5 ; 2014 No. 48 s 118 ; 2023 No. 25 s 9\n(sec.29-ssec.1) This section does not apply if the applicant holds a corresponding authority for the distribution authority.\n(sec.29-ssec.2) Before deciding the application, the regulator must— publish in a Statewide newspaper a notice stating each of the following— that an application for a distribution authority has been made; the applicant’s name; a period of at least 20 business days during which anyone may make written submissions to the regulator about the application; where the application, other than any part of the application that is RTI excluded information, may be inspected; the type of covered gas for the distribution authority; and consider written submissions about the application made to the regulator within the stated period.\n- (a) publish in a Statewide newspaper a notice stating each of the following— (i) that an application for a distribution authority has been made; (ii) the applicant’s name; (iii) a period of at least 20 business days during which anyone may make written submissions to the regulator about the application; (iv) where the application, other than any part of the application that is RTI excluded information, may be inspected; (v) the type of covered gas for the distribution authority; and\n- (i) that an application for a distribution authority has been made;\n- (ii) the applicant’s name;\n- (iii) a period of at least 20 business days during which anyone may make written submissions to the regulator about the application;\n- (iv) where the application, other than any part of the application that is RTI excluded information, may be inspected;\n- (v) the type of covered gas for the distribution authority; and\n- (b) consider written submissions about the application made to the regulator within the stated period.\n- (i) that an application for a distribution authority has been made;\n- (ii) the applicant’s name;\n- (iii) a period of at least 20 business days during which anyone may make written submissions to the regulator about the application;\n- (iv) where the application, other than any part of the application that is RTI excluded information, may be inspected;\n- (v) the type of covered gas for the distribution authority; and","sortOrder":36},{"sectionNumber":"sec.30","sectionType":"section","heading":null,"content":"### Section sec.30\n\ns 30 om 2005 No. 51 s 17","sortOrder":37},{"sectionNumber":"sec.31","sectionType":"section","heading":"Deciding application","content":"### sec.31 Deciding application\n\nThe regulator must decide whether to grant or refuse the application.\nIf the regulator decides to grant the application, the regulator may impose conditions on the distribution authority the regulator considers appropriate.\nSee also division 2 .\ns 31 amd 2005 No. 51 s 18\n(sec.31-ssec.1) The regulator must decide whether to grant or refuse the application.\n(sec.31-ssec.2) If the regulator decides to grant the application, the regulator may impose conditions on the distribution authority the regulator considers appropriate. See also division 2 .","sortOrder":38},{"sectionNumber":"sec.32","sectionType":"section","heading":"Criteria for deciding application","content":"### sec.32 Criteria for deciding application\n\nThe regulator may decide to grant the application only if satisfied the applicant is a suitable person to hold the distribution authority.\nFor subsection (1) , the regulator may consider any of the following (the suitability criteria ), to the extent they are relevant to the applicant’s competence to hold the distribution authority—\nability to provide an adequate level of customer connection services for the covered gas stated in the application;\nfinancial capacity;\ncommercial and other dealings and the standard of honesty and integrity shown in the dealings;\nfailure to perform contractual or statutory obligations and the reasons for the failure;\ncriminal history;\ntechnical expertise;\nknowledge of, or experience in, the gas or energy industries;\nif the applicant is a corporation—the matters mentioned in paragraphs (a) to (g) for persons who are executive officers of, or substantial shareholders in, the corporation.\nHowever, the regulator may, without regard to any of the suitability criteria, decide the applicant is a suitable person to hold the distribution authority if the applicant holds a corresponding authority.\nIn deciding the application, the regulator must consider any relevant government policies about energy issues.\ns 32 amd 2023 No. 25 s 31 sch 1\n(sec.32-ssec.1) The regulator may decide to grant the application only if satisfied the applicant is a suitable person to hold the distribution authority.\n(sec.32-ssec.2) For subsection (1) , the regulator may consider any of the following (the suitability criteria ), to the extent they are relevant to the applicant’s competence to hold the distribution authority— ability to provide an adequate level of customer connection services for the covered gas stated in the application; financial capacity; commercial and other dealings and the standard of honesty and integrity shown in the dealings; failure to perform contractual or statutory obligations and the reasons for the failure; criminal history; technical expertise; knowledge of, or experience in, the gas or energy industries; if the applicant is a corporation—the matters mentioned in paragraphs (a) to (g) for persons who are executive officers of, or substantial shareholders in, the corporation.\n(sec.32-ssec.3) However, the regulator may, without regard to any of the suitability criteria, decide the applicant is a suitable person to hold the distribution authority if the applicant holds a corresponding authority.\n(sec.32-ssec.4) In deciding the application, the regulator must consider any relevant government policies about energy issues.\n- (a) ability to provide an adequate level of customer connection services for the covered gas stated in the application;\n- (b) financial capacity;\n- (c) commercial and other dealings and the standard of honesty and integrity shown in the dealings;\n- (d) failure to perform contractual or statutory obligations and the reasons for the failure;\n- (e) criminal history;\n- (f) technical expertise;\n- (g) knowledge of, or experience in, the gas or energy industries;\n- (h) if the applicant is a corporation—the matters mentioned in paragraphs (a) to (g) for persons who are executive officers of, or substantial shareholders in, the corporation.","sortOrder":39},{"sectionNumber":"sec.33","sectionType":"section","heading":null,"content":"### Section sec.33\n\ns 33 om 2005 No. 51 s 19","sortOrder":40},{"sectionNumber":"sec.34","sectionType":"section","heading":"Term of authority","content":"### sec.34 Term of authority\n\nThis section applies if the regulator decides to grant the application.\nThe regulator may decide to grant the authority for a stated term.\nIf no term is decided for a distribution authority, it continues in force unless cancelled or surrendered under this part.\ns 34 amd 2005 No. 51 s 20\n(sec.34-ssec.1) This section applies if the regulator decides to grant the application.\n(sec.34-ssec.2) The regulator may decide to grant the authority for a stated term.\n(sec.34-ssec.3) If no term is decided for a distribution authority, it continues in force unless cancelled or surrendered under this part.","sortOrder":41},{"sectionNumber":"sec.35","sectionType":"section","heading":"Notice of decision to grant application","content":"### sec.35 Notice of decision to grant application\n\nIf the regulator decides to grant the application, the regulator must, as soon as practicable, give the applicant notice ( decision notice ) stating each of the following—\nthe decision;\nthe conditions the regulator has decided to impose on the authority;\nany other matter relevant to the grant of the authority;\na period after the giving of the decision notice for the applicant to give the regulator notice ( acceptance notice ) that the applicant agrees to the conditions, or the conditions with changes to which the regulator has agreed;\nthe application will be taken to have lapsed unless the applicant gives acceptance notice within the period or later period as extended by the regulator.\nThe stated period must end at least 20 business days after the applicant is given the decision notice.\nThe regulator may, by notice to the applicant given before the stated period ends, extend the period for giving an acceptance notice.\n(sec.35-ssec.1) If the regulator decides to grant the application, the regulator must, as soon as practicable, give the applicant notice ( decision notice ) stating each of the following— the decision; the conditions the regulator has decided to impose on the authority; any other matter relevant to the grant of the authority; a period after the giving of the decision notice for the applicant to give the regulator notice ( acceptance notice ) that the applicant agrees to the conditions, or the conditions with changes to which the regulator has agreed; the application will be taken to have lapsed unless the applicant gives acceptance notice within the period or later period as extended by the regulator.\n(sec.35-ssec.2) The stated period must end at least 20 business days after the applicant is given the decision notice.\n(sec.35-ssec.3) The regulator may, by notice to the applicant given before the stated period ends, extend the period for giving an acceptance notice.\n- (a) the decision;\n- (b) the conditions the regulator has decided to impose on the authority;\n- (c) any other matter relevant to the grant of the authority;\n- (d) a period after the giving of the decision notice for the applicant to give the regulator notice ( acceptance notice ) that the applicant agrees to the conditions, or the conditions with changes to which the regulator has agreed;\n- (e) the application will be taken to have lapsed unless the applicant gives acceptance notice within the period or later period as extended by the regulator.","sortOrder":42},{"sectionNumber":"sec.36","sectionType":"section","heading":"Lapsing of application if conditions not accepted","content":"### sec.36 Lapsing of application if conditions not accepted\n\nThe regulator is taken to have decided to refuse the application if—\nthe regulator has given the applicant a decision notice; and\nthe applicant has not given the regulator an acceptance notice within the period stated in the notice, or if the regulator has extended the period for giving an acceptance notice, the extended period.\n- (a) the regulator has given the applicant a decision notice; and\n- (b) the applicant has not given the regulator an acceptance notice within the period stated in the notice, or if the regulator has extended the period for giving an acceptance notice, the extended period.","sortOrder":43},{"sectionNumber":"sec.37","sectionType":"section","heading":"Issue and public notice of authority","content":"### sec.37 Issue and public notice of authority\n\nThis section applies if the applicant gives the regulator an acceptance notice within the period stated in the notice, or if the regulator has extended the period for giving an acceptance notice, the extended period.\nThe regulator must, as soon as practicable—\nissue the applicant the distribution authority; and\npublish a notice about the authority in a Statewide newspaper.\nThe notice must state—\nthat the applicant has been issued a distribution authority; and\nthe authority’s distribution area; and\nthe conditions of the authority, or where they may be inspected.\ns 37 amd 2005 No. 51 s 21 ; 2014 No. 48 s 119\n(sec.37-ssec.1) This section applies if the applicant gives the regulator an acceptance notice within the period stated in the notice, or if the regulator has extended the period for giving an acceptance notice, the extended period.\n(sec.37-ssec.2) The regulator must, as soon as practicable— issue the applicant the distribution authority; and publish a notice about the authority in a Statewide newspaper.\n(sec.37-ssec.3) The notice must state— that the applicant has been issued a distribution authority; and the authority’s distribution area; and the conditions of the authority, or where they may be inspected.\n- (a) issue the applicant the distribution authority; and\n- (b) publish a notice about the authority in a Statewide newspaper.\n- (a) that the applicant has been issued a distribution authority; and\n- (b) the authority’s distribution area; and\n- (c) the conditions of the authority, or where they may be inspected.","sortOrder":44},{"sectionNumber":"sec.38","sectionType":"section","heading":"Information notice about refusal","content":"### sec.38 Information notice about refusal\n\nIf the regulator decides to refuse the application, the regulator must, as soon as practicable, give the applicant an information notice about the decision.","sortOrder":45},{"sectionNumber":"ch.2-pt.1-div.2","sectionType":"division","heading":"Distribution authority conditions","content":"## Distribution authority conditions","sortOrder":46},{"sectionNumber":"sec.39","sectionType":"section","heading":"Operation of div 2","content":"### sec.39 Operation of div 2\n\nThis division imposes conditions on each distribution authority that apply as well as any conditions stated in the authority.\nIf an imposed condition conflicts with a condition stated in the authority, the imposed condition prevails to the extent of the inconsistency.\nAs well as imposing a condition, section 43 also imposes a penalty.\n(sec.39-ssec.1) This division imposes conditions on each distribution authority that apply as well as any conditions stated in the authority.\n(sec.39-ssec.2) If an imposed condition conflicts with a condition stated in the authority, the imposed condition prevails to the extent of the inconsistency.\n(sec.39-ssec.3) As well as imposing a condition, section 43 also imposes a penalty.","sortOrder":47},{"sectionNumber":"sec.40","sectionType":"section","heading":"General conditions","content":"### sec.40 General conditions\n\nA distributor must—\ntake appropriate account of the environmental effects of activities carried out under the distributor’s distribution authority; and\npay amounts required to be paid under the authority or this Act; and\nin carrying out activities under the authority, comply with this Act, the Petroleum and Gas (Production and Safety) Act and all other relevant laws; and\nin carrying out gas infrastructure work, comply with part 2 .\ns 40 amd 2004 No. 25 s 970\n- (a) take appropriate account of the environmental effects of activities carried out under the distributor’s distribution authority; and\n- (b) pay amounts required to be paid under the authority or this Act; and\n- (c) in carrying out activities under the authority, comply with this Act, the Petroleum and Gas (Production and Safety) Act and all other relevant laws; and\n- (d) in carrying out gas infrastructure work, comply with part 2 .","sortOrder":48},{"sectionNumber":"sec.41","sectionType":"section","heading":"Ring fencing requirement","content":"### sec.41 Ring fencing requirement\n\nA distributor must not sell a covered gas transported through a pipeline if the distributor provides customer connection services for the covered gas transported through a covered pipeline.\nSee also sections 27 and 57 .\ns 41 amd 2023 No. 25 s 31 sch 1","sortOrder":49},{"sectionNumber":"sec.42","sectionType":"section","heading":"Obligation to operate and maintain distribution pipes","content":"### sec.42 Obligation to operate and maintain distribution pipes\n\nThis section imposes obligations on a distributor for each distribution pipeline the subject of the distributor’s distribution authority.\nIf, under this Act or another Act, someone else is entitled to have the distributor transport covered gases through the pipeline, the distributor must operate, maintain and protect the pipeline to ensure the transportation is adequate, reliable and safe.\nOtherwise, the distributor must ensure the pipeline is operated and maintained and protected so that it is able to be used for the adequate, reliable and safe connection, transport and sale of covered gases.\nIn this section—\nmaintain includes repair and replace as necessary.\ns 42 amd 2006 No. 60 s 77 ; 2023 No. 25 s 31 sch 1\n(sec.42-ssec.1) This section imposes obligations on a distributor for each distribution pipeline the subject of the distributor’s distribution authority.\n(sec.42-ssec.2) If, under this Act or another Act, someone else is entitled to have the distributor transport covered gases through the pipeline, the distributor must operate, maintain and protect the pipeline to ensure the transportation is adequate, reliable and safe.\n(sec.42-ssec.3) Otherwise, the distributor must ensure the pipeline is operated and maintained and protected so that it is able to be used for the adequate, reliable and safe connection, transport and sale of covered gases.\n(sec.42-ssec.4) In this section— maintain includes repair and replace as necessary.","sortOrder":50},{"sectionNumber":"sec.43","sectionType":"section","heading":"Restriction for distributors","content":"### sec.43 Restriction for distributors\n\nA distributor must not provide customer connection services to a customer outside the distribution area of the distributor’s distribution authority unless the services are provided under another distribution authority.\nMaximum penalty—500 penalty units.\ns 43 amd 2014 No. 48 s 120","sortOrder":51},{"sectionNumber":"sec.44","sectionType":"section","heading":null,"content":"### Section sec.44\n\ns 44 om 2005 No. 51 s 22","sortOrder":52},{"sectionNumber":"sec.45","sectionType":"section","heading":null,"content":"### Section sec.45\n\ns 45 om 2005 No. 51 s 22","sortOrder":53},{"sectionNumber":"sec.46","sectionType":"section","heading":"Standard for distribution pipes","content":"### sec.46 Standard for distribution pipes\n\nA distributor must ensure each distribution pipe, or each distribution pipeline in a distribution system, the subject of the distributor’s distribution authority is built in a way that complies with the Petroleum and Gas (Production and Safety) Act and any other relevant Act.\ns 46 amd 2004 No. 25 s 971","sortOrder":54},{"sectionNumber":"sec.47","sectionType":"section","heading":"Inquiry practices and procedures","content":"### sec.47 Inquiry practices and procedures\n\nA distributor must establish and maintain appropriate practices and procedures to allow inquiries by customers and the public to be addressed or appropriately responded to within 5 business days.\nFor subsection (1) an appropriate response means giving the inquirer notice or telling the inquirer—\nthe work that needs to be done to address the inquiry; and\nthe period needed to address it.\n(sec.47-ssec.1) A distributor must establish and maintain appropriate practices and procedures to allow inquiries by customers and the public to be addressed or appropriately responded to within 5 business days.\n(sec.47-ssec.2) For subsection (1) an appropriate response means giving the inquirer notice or telling the inquirer— the work that needs to be done to address the inquiry; and the period needed to address it.\n- (a) the work that needs to be done to address the inquiry; and\n- (b) the period needed to address it.","sortOrder":55},{"sectionNumber":"sec.48","sectionType":"section","heading":"Contingency practices and procedures","content":"### sec.48 Contingency practices and procedures\n\nA distributor must establish and maintain appropriate practices and procedures to manage the prompt and efficient handling of all of the following reported to the distributor by anyone—\nemergency incidents;\ngas leakages;\ngas outages;\nfaults and difficulties in the distributor’s gas infrastructure;\nunplanned interruptions to gas transport;\nother situations relevant to the distributor that relate to safety.\nA distributor must have a telephone number at which customers can report to the distributor matters mentioned in subsection (1) —\nat any time; and\nfor the cost of a local telephone call.\nEach account of the distributor must include the number.\nThe number may be the number of a relevant retailer from which the call is transferred to the distributor.\nAn automated answering telephone service complies with subsection (2) only if it provides for the transfer of calls to a human being.\nSubsections (3) and (4) do not apply to a distributor within the meaning of the NERL (Qld).\ns 48 amd 2006 No. 60 s 78 ; 2014 No. 48 s 121 ; 2023 No. 25 s 31 sch 1\n(sec.48-ssec.1) A distributor must establish and maintain appropriate practices and procedures to manage the prompt and efficient handling of all of the following reported to the distributor by anyone— emergency incidents; gas leakages; gas outages; faults and difficulties in the distributor’s gas infrastructure; unplanned interruptions to gas transport; other situations relevant to the distributor that relate to safety.\n(sec.48-ssec.2) A distributor must have a telephone number at which customers can report to the distributor matters mentioned in subsection (1) — at any time; and for the cost of a local telephone call.\n(sec.48-ssec.3) Each account of the distributor must include the number.\n(sec.48-ssec.4) The number may be the number of a relevant retailer from which the call is transferred to the distributor.\n(sec.48-ssec.5) An automated answering telephone service complies with subsection (2) only if it provides for the transfer of calls to a human being.\n(sec.48-ssec.6) Subsections (3) and (4) do not apply to a distributor within the meaning of the NERL (Qld).\n- (a) emergency incidents;\n- (b) gas leakages;\n- (c) gas outages;\n- (d) faults and difficulties in the distributor’s gas infrastructure;\n- (e) unplanned interruptions to gas transport;\n- (f) other situations relevant to the distributor that relate to safety.\n- (a) at any time; and\n- (b) for the cost of a local telephone call.","sortOrder":56},{"sectionNumber":"sec.49","sectionType":"section","heading":"Compliance with contingency supply plan requirements","content":"### sec.49 Compliance with contingency supply plan requirements\n\nA distributor must comply with chapter 4 , part 2 .","sortOrder":57},{"sectionNumber":"sec.50","sectionType":"section","heading":"Participation in retailer of last resort scheme","content":"### sec.50 Participation in retailer of last resort scheme\n\nA distributor must comply with the retailer of last resort scheme to the extent it applies to the distributor.","sortOrder":58},{"sectionNumber":"sec.50A","sectionType":"section","heading":"Compliance with distribution network codes","content":"### sec.50A Compliance with distribution network codes\n\nA distributor must comply with any distribution network code that applies to the distributor.\ns 50A ins 2006 No. 60 s 79\namd 2014 No. 48 s 183 sch 1","sortOrder":59},{"sectionNumber":"sec.50B","sectionType":"section","heading":"Membership of energy ombudsman scheme","content":"### sec.50B Membership of energy ombudsman scheme\n\nA distributor must pay any amount that, under the Energy and Water Ombudsman Act 2006 , it must pay the energy and water ombudsman.\ns 50B ins 2006 No. 60 s 79\namd 2010 No. 53 s 258 sch 2","sortOrder":60},{"sectionNumber":"sec.51","sectionType":"section","heading":"Conditions imposed under a regulation","content":"### sec.51 Conditions imposed under a regulation\n\nA distributor must comply with—\nany conditions prescribed under a regulation for, or relating to, the provision of customer connection services; or\nany code, intergovernmental agreement, protocol or other agreement prescribed under a regulation.\nA code or agreement may be prescribed only if it relates to the provision of customer connection services.\n(sec.51-ssec.1) A distributor must comply with— any conditions prescribed under a regulation for, or relating to, the provision of customer connection services; or any code, intergovernmental agreement, protocol or other agreement prescribed under a regulation.\n(sec.51-ssec.2) A code or agreement may be prescribed only if it relates to the provision of customer connection services.\n- (a) any conditions prescribed under a regulation for, or relating to, the provision of customer connection services; or\n- (b) any code, intergovernmental agreement, protocol or other agreement prescribed under a regulation.","sortOrder":61},{"sectionNumber":"ch.2-pt.1-div.3","sectionType":"division","heading":"Amendment, cancellation and suspension of distribution authority","content":"## Amendment, cancellation and suspension of distribution authority","sortOrder":62},{"sectionNumber":"sec.52","sectionType":"section","heading":"Amendments for which proposed action notice is not required","content":"### sec.52 Amendments for which proposed action notice is not required\n\nThe regulator may amend a distribution authority at any time by giving the distributor notice of the amendment and recording particulars of the amendment in the register of authorities if the amendment—\nis to correct a clerical or formal error; or\ndoes not affect the interests of the distributor or anyone else and the distributor has, in writing, agreed to the amendment.\ns 52 amd 2005 No. 51 s 23 ; 2006 No. 60 s 58 sch\n- (a) is to correct a clerical or formal error; or\n- (b) does not affect the interests of the distributor or anyone else and the distributor has, in writing, agreed to the amendment.","sortOrder":63},{"sectionNumber":"sec.53","sectionType":"section","heading":"Amendments for which proposed action notice is required","content":"### sec.53 Amendments for which proposed action notice is required\n\nThe regulator may amend a distribution authority if—\nthe regulator considers the amendment necessary or desirable; and\nthe procedure under subdivision 5 is followed.\n- (a) the regulator considers the amendment necessary or desirable; and\n- (b) the procedure under subdivision 5 is followed.","sortOrder":64},{"sectionNumber":"sec.54","sectionType":"section","heading":"Imposed condition can not be amended","content":"### sec.54 Imposed condition can not be amended\n\nThe regulator can not amend a condition of a distribution authority imposed under division 2 .","sortOrder":65},{"sectionNumber":"sec.55","sectionType":"section","heading":"Applying for amendment","content":"### sec.55 Applying for amendment\n\nA distributor may, in the approved form, apply to the regulator to amend its authority in a stated way, other than to amend a condition imposed under division 2 .\nThe application must be accompanied by the fee prescribed under a regulation.\nSubsection (1) does not limit section 69 (3) .\ns 55 amd 2005 No. 51 s 24\n(sec.55-ssec.1) A distributor may, in the approved form, apply to the regulator to amend its authority in a stated way, other than to amend a condition imposed under division 2 .\n(sec.55-ssec.2) The application must be accompanied by the fee prescribed under a regulation.\n(sec.55-ssec.3) Subsection (1) does not limit section 69 (3) .","sortOrder":66},{"sectionNumber":"sec.56","sectionType":"section","heading":"Deciding application","content":"### sec.56 Deciding application\n\nThe regulator must decide to make or refuse to make the amendment.\nIf the decision is to make the amendment, the regulator must, as soon as practicable, make the amendment to the distribution authority and give the applicant notice of the decision.\nIf the decision is to refuse to make the amendment, the regulator must, as soon as practicable, give the applicant an information notice about the decision.\n(sec.56-ssec.1) The regulator must decide to make or refuse to make the amendment.\n(sec.56-ssec.2) If the decision is to make the amendment, the regulator must, as soon as practicable, make the amendment to the distribution authority and give the applicant notice of the decision.\n(sec.56-ssec.3) If the decision is to refuse to make the amendment, the regulator must, as soon as practicable, give the applicant an information notice about the decision.","sortOrder":67},{"sectionNumber":"sec.57","sectionType":"section","heading":"Conditions for amendment, cancellation or suspension","content":"### sec.57 Conditions for amendment, cancellation or suspension\n\nThe regulator may amend, cancel or suspend a distribution authority if—\nan event mentioned in subsection (2) has happened; and\neither—\nfor immediate suspension—the procedure under section 58 is followed; or\nfor cancellation or suspension other than immediate suspension—the procedure under subdivision 5 is followed.\nFor subsection (1) , the event is that the distributor—\nobtained the authority because of a materially false or misleading declaration or representation, made orally or in writing; or\nis, or is likely to become, unsuitable to hold, or continue to hold, the authority, including, for example because of a contravention of any of the following by the distributor or, if the distributor is a corporation, any executive officer of, or substantial shareholder in, the corporation—\nthis Act;\nthe Petroleum and Gas (Production and Safety) Act or another relevant Act;\na direction given under this Act, the Petroleum and Gas (Production and Safety) Act or another relevant Act;\nthe authority;\na distribution network code, in a material way;\nFor criteria for deciding a material contravention, see section 270Q .\nthe gas retail market procedures if AEMO decides under the National Gas (Queensland) Law , section 91MB , the contravention is a material breach of the procedures; or\nhas contravened, or is contravening, section 41 ; or\nhas used the authority for a purpose other than for a purpose for which it was issued.\nIn deciding whether the distributor is a suitable person to hold, or continue to hold, the authority the regulator must have regard to the suitability criteria.\ns 57 amd 2004 No. 25 s 972 ; 2006 No. 60 s 80 ; 2009 No. 16 s 37 ; 2014 No. 48 s 183 sch 1\n(sec.57-ssec.1) The regulator may amend, cancel or suspend a distribution authority if— an event mentioned in subsection (2) has happened; and either— for immediate suspension—the procedure under section 58 is followed; or for cancellation or suspension other than immediate suspension—the procedure under subdivision 5 is followed.\n(sec.57-ssec.2) For subsection (1) , the event is that the distributor— obtained the authority because of a materially false or misleading declaration or representation, made orally or in writing; or is, or is likely to become, unsuitable to hold, or continue to hold, the authority, including, for example because of a contravention of any of the following by the distributor or, if the distributor is a corporation, any executive officer of, or substantial shareholder in, the corporation— this Act; the Petroleum and Gas (Production and Safety) Act or another relevant Act; a direction given under this Act, the Petroleum and Gas (Production and Safety) Act or another relevant Act; the authority; a distribution network code, in a material way; For criteria for deciding a material contravention, see section 270Q . the gas retail market procedures if AEMO decides under the National Gas (Queensland) Law , section 91MB , the contravention is a material breach of the procedures; or has contravened, or is contravening, section 41 ; or has used the authority for a purpose other than for a purpose for which it was issued.\n(sec.57-ssec.3) In deciding whether the distributor is a suitable person to hold, or continue to hold, the authority the regulator must have regard to the suitability criteria.\n- (a) an event mentioned in subsection (2) has happened; and\n- (b) either— (i) for immediate suspension—the procedure under section 58 is followed; or (ii) for cancellation or suspension other than immediate suspension—the procedure under subdivision 5 is followed.\n- (i) for immediate suspension—the procedure under section 58 is followed; or\n- (ii) for cancellation or suspension other than immediate suspension—the procedure under subdivision 5 is followed.\n- (i) for immediate suspension—the procedure under section 58 is followed; or\n- (ii) for cancellation or suspension other than immediate suspension—the procedure under subdivision 5 is followed.\n- (a) obtained the authority because of a materially false or misleading declaration or representation, made orally or in writing; or\n- (b) is, or is likely to become, unsuitable to hold, or continue to hold, the authority, including, for example because of a contravention of any of the following by the distributor or, if the distributor is a corporation, any executive officer of, or substantial shareholder in, the corporation— (i) this Act; (ii) the Petroleum and Gas (Production and Safety) Act or another relevant Act; (iii) a direction given under this Act, the Petroleum and Gas (Production and Safety) Act or another relevant Act; (iv) the authority; (v) a distribution network code, in a material way; Note— For criteria for deciding a material contravention, see section 270Q . (vi) the gas retail market procedures if AEMO decides under the National Gas (Queensland) Law , section 91MB , the contravention is a material breach of the procedures; or\n- (i) this Act;\n- (ii) the Petroleum and Gas (Production and Safety) Act or another relevant Act;\n- (iii) a direction given under this Act, the Petroleum and Gas (Production and Safety) Act or another relevant Act;\n- (iv) the authority;\n- (v) a distribution network code, in a material way; Note— For criteria for deciding a material contravention, see section 270Q .\n- (vi) the gas retail market procedures if AEMO decides under the National Gas (Queensland) Law , section 91MB , the contravention is a material breach of the procedures; or\n- (c) has contravened, or is contravening, section 41 ; or\n- (d) has used the authority for a purpose other than for a purpose for which it was issued.\n- (i) this Act;\n- (ii) the Petroleum and Gas (Production and Safety) Act or another relevant Act;\n- (iii) a direction given under this Act, the Petroleum and Gas (Production and Safety) Act or another relevant Act;\n- (iv) the authority;\n- (v) a distribution network code, in a material way; Note— For criteria for deciding a material contravention, see section 270Q .\n- (vi) the gas retail market procedures if AEMO decides under the National Gas (Queensland) Law , section 91MB , the contravention is a material breach of the procedures; or","sortOrder":68},{"sectionNumber":"sec.58","sectionType":"section","heading":"Immediate suspension","content":"### sec.58 Immediate suspension\n\nThe regulator may, by notice ( suspension notice ) to the distributor, immediately suspend a distribution authority if the regulator reasonably believes—\na ground exists to suspend or cancel the authority; and\nthe circumstances are so extraordinary that it is imperative to immediately suspend the authority to control or prevent—\na significant adverse economic or social impact on the State or a part of the State; or\na danger to the public.\nThe suspension notice must—\nstate each of the following—\nthat the authority is suspended immediately;\nthe grounds for the suspension;\nthe facts and circumstances forming the basis for the grounds;\nthe suspension period;\nthat the distributor may make written submissions to the regulator to show why the suspension should end; and\ninclude, or be accompanied by, an information notice about the decisions to give the notice and to fix the suspension period.\nThe suspension period must not be more than 40 business days.\nThe suspension has effect immediately after the distributor is given the suspension notice.\nThe authority is ineffective during the suspension period.\n(sec.58-ssec.1) The regulator may, by notice ( suspension notice ) to the distributor, immediately suspend a distribution authority if the regulator reasonably believes— a ground exists to suspend or cancel the authority; and the circumstances are so extraordinary that it is imperative to immediately suspend the authority to control or prevent— a significant adverse economic or social impact on the State or a part of the State; or a danger to the public.\n(sec.58-ssec.2) The suspension notice must— state each of the following— that the authority is suspended immediately; the grounds for the suspension; the facts and circumstances forming the basis for the grounds; the suspension period; that the distributor may make written submissions to the regulator to show why the suspension should end; and include, or be accompanied by, an information notice about the decisions to give the notice and to fix the suspension period.\n(sec.58-ssec.3) The suspension period must not be more than 40 business days.\n(sec.58-ssec.4) The suspension has effect immediately after the distributor is given the suspension notice.\n(sec.58-ssec.5) The authority is ineffective during the suspension period.\n- (a) a ground exists to suspend or cancel the authority; and\n- (b) the circumstances are so extraordinary that it is imperative to immediately suspend the authority to control or prevent— (i) a significant adverse economic or social impact on the State or a part of the State; or (ii) a danger to the public.\n- (i) a significant adverse economic or social impact on the State or a part of the State; or\n- (ii) a danger to the public.\n- (i) a significant adverse economic or social impact on the State or a part of the State; or\n- (ii) a danger to the public.\n- (a) state each of the following— (i) that the authority is suspended immediately; (ii) the grounds for the suspension; (iii) the facts and circumstances forming the basis for the grounds; (iv) the suspension period; (v) that the distributor may make written submissions to the regulator to show why the suspension should end; and\n- (i) that the authority is suspended immediately;\n- (ii) the grounds for the suspension;\n- (iii) the facts and circumstances forming the basis for the grounds;\n- (iv) the suspension period;\n- (v) that the distributor may make written submissions to the regulator to show why the suspension should end; and\n- (b) include, or be accompanied by, an information notice about the decisions to give the notice and to fix the suspension period.\n- (i) that the authority is suspended immediately;\n- (ii) the grounds for the suspension;\n- (iii) the facts and circumstances forming the basis for the grounds;\n- (iv) the suspension period;\n- (v) that the distributor may make written submissions to the regulator to show why the suspension should end; and","sortOrder":69},{"sectionNumber":"sec.59","sectionType":"section","heading":"Application of sdiv 5","content":"### sec.59 Application of sdiv 5\n\nThis subdivision applies if—\nunder section 53 , the regulator proposes to amend a distribution authority; or\nthe regulator proposes to cancel or suspend a distribution authority, other than an immediate suspension under section 58 .\n- (a) under section 53 , the regulator proposes to amend a distribution authority; or\n- (b) the regulator proposes to cancel or suspend a distribution authority, other than an immediate suspension under section 58 .","sortOrder":70},{"sectionNumber":"sec.60","sectionType":"section","heading":"Notice of proposed action","content":"### sec.60 Notice of proposed action\n\nThe regulator must give the distributor a notice stating each of the following—\nthe action (the proposed action ) the regulator proposes to take under this division;\nthe grounds for the proposed action;\nthe facts and circumstances that are the basis for the grounds;\nif the proposed action is to amend—the proposed amendment;\nif the proposed action is to suspend—the proposed suspension period;\nthat the distributor may make, within a stated period, written submissions to show why the proposed action should not be taken.\nThe stated period must end at least 20 business days after the notice is given.\ns 60 amd 2014 No. 48 s 122\n(sec.60-ssec.1) The regulator must give the distributor a notice stating each of the following— the action (the proposed action ) the regulator proposes to take under this division; the grounds for the proposed action; the facts and circumstances that are the basis for the grounds; if the proposed action is to amend—the proposed amendment; if the proposed action is to suspend—the proposed suspension period; that the distributor may make, within a stated period, written submissions to show why the proposed action should not be taken.\n(sec.60-ssec.2) The stated period must end at least 20 business days after the notice is given.\n- (a) the action (the proposed action ) the regulator proposes to take under this division;\n- (b) the grounds for the proposed action;\n- (c) the facts and circumstances that are the basis for the grounds;\n- (d) if the proposed action is to amend—the proposed amendment;\n- (e) if the proposed action is to suspend—the proposed suspension period;\n- (f) that the distributor may make, within a stated period, written submissions to show why the proposed action should not be taken.","sortOrder":71},{"sectionNumber":"sec.61","sectionType":"section","heading":"Considering submissions","content":"### sec.61 Considering submissions\n\nThe regulator must consider any written submission made under section 60 by the distributor within the period stated in the notice.\nIf the regulator at any time decides not to take the proposed action, the regulator must, as soon as practicable, give the distributor notice of the decision.\n(sec.61-ssec.1) The regulator must consider any written submission made under section 60 by the distributor within the period stated in the notice.\n(sec.61-ssec.2) If the regulator at any time decides not to take the proposed action, the regulator must, as soon as practicable, give the distributor notice of the decision.","sortOrder":72},{"sectionNumber":"sec.62","sectionType":"section","heading":"Decision on proposed action","content":"### sec.62 Decision on proposed action\n\nIf, after complying with section 61 , the regulator still believes a ground exists to take the proposed action, the regulator may decide to—\nif the proposed action was to amend—make the amendment; or\nif the proposed action was to suspend for a stated period—suspend for no longer than the proposed suspension period; or\nif the proposed action was to cancel—\ncancel the distribution authority; or\nsuspend it for a stated period.\n- (a) if the proposed action was to amend—make the amendment; or\n- (b) if the proposed action was to suspend for a stated period—suspend for no longer than the proposed suspension period; or\n- (c) if the proposed action was to cancel— (i) cancel the distribution authority; or (ii) suspend it for a stated period.\n- (i) cancel the distribution authority; or\n- (ii) suspend it for a stated period.\n- (i) cancel the distribution authority; or\n- (ii) suspend it for a stated period.","sortOrder":73},{"sectionNumber":"sec.63","sectionType":"section","heading":"Notice and taking of effect of proposed action decision","content":"### sec.63 Notice and taking of effect of proposed action decision\n\nThe regulator must, as soon as practicable after making a decision under section 62 , give the distributor an information notice about the decision.\nThe decision takes effect on the later of the following—\nthe day the information notice is given;\na later day of effect stated in the notice.\nHowever, if the decision was to amend, cancel or suspend because of a conviction, the amendment, cancellation or suspension—\ndoes not take effect until—\nthe period to appeal against the conviction ends; and\nif an appeal is made against the conviction—the appeal is finally decided or is otherwise ended; and\nhas no effect if the conviction is quashed on appeal.\n(sec.63-ssec.1) The regulator must, as soon as practicable after making a decision under section 62 , give the distributor an information notice about the decision.\n(sec.63-ssec.2) The decision takes effect on the later of the following— the day the information notice is given; a later day of effect stated in the notice.\n(sec.63-ssec.3) However, if the decision was to amend, cancel or suspend because of a conviction, the amendment, cancellation or suspension— does not take effect until— the period to appeal against the conviction ends; and if an appeal is made against the conviction—the appeal is finally decided or is otherwise ended; and has no effect if the conviction is quashed on appeal.\n- (a) the day the information notice is given;\n- (b) a later day of effect stated in the notice.\n- (a) does not take effect until— (i) the period to appeal against the conviction ends; and (ii) if an appeal is made against the conviction—the appeal is finally decided or is otherwise ended; and\n- (i) the period to appeal against the conviction ends; and\n- (ii) if an appeal is made against the conviction—the appeal is finally decided or is otherwise ended; and\n- (b) has no effect if the conviction is quashed on appeal.\n- (i) the period to appeal against the conviction ends; and\n- (ii) if an appeal is made against the conviction—the appeal is finally decided or is otherwise ended; and","sortOrder":74},{"sectionNumber":"ch.2-pt.1-div.4","sectionType":"division","heading":"Dealings with distribution authority","content":"## Dealings with distribution authority","sortOrder":75},{"sectionNumber":"sec.64","sectionType":"section","heading":"Applying for renewal","content":"### sec.64 Applying for renewal\n\nThis section applies to a distribution authority that is issued for a term.\nThe distributor may apply to the regulator to renew the authority for a stated term or to renew it without a term.\nAn application under this section—\nmust be made in the approved form and accompanied by the fee prescribed under a regulation; and\ncan not be made if the authority has ended.\ns 64 amd 2005 No. 51 s 25\n(sec.64-ssec.1) This section applies to a distribution authority that is issued for a term.\n(sec.64-ssec.2) The distributor may apply to the regulator to renew the authority for a stated term or to renew it without a term.\n(sec.64-ssec.3) An application under this section— must be made in the approved form and accompanied by the fee prescribed under a regulation; and can not be made if the authority has ended.\n- (a) must be made in the approved form and accompanied by the fee prescribed under a regulation; and\n- (b) can not be made if the authority has ended.","sortOrder":76},{"sectionNumber":"sec.65","sectionType":"section","heading":"Deciding renewal application","content":"### sec.65 Deciding renewal application\n\nThe regulator must decide whether to grant or refuse the application.\nDivision 1 (other than section 27 ) applies to the application as if it were an application for the authority.\n(sec.65-ssec.1) The regulator must decide whether to grant or refuse the application.\n(sec.65-ssec.2) Division 1 (other than section 27 ) applies to the application as if it were an application for the authority.","sortOrder":77},{"sectionNumber":"sec.66","sectionType":"section","heading":"Continuing effect of authority for renewal application","content":"### sec.66 Continuing effect of authority for renewal application\n\nIf the term of the distribution authority ends before the application is decided, despite the ending of the term, the authority continues in force until—\nthe start of any renewal of the authority; or\nthe applicant is given an information notice about a decision to refuse the application; or\nthe application is withdrawn; or\nthe authority is cancelled under this Act.\n- (a) the start of any renewal of the authority; or\n- (b) the applicant is given an information notice about a decision to refuse the application; or\n- (c) the application is withdrawn; or\n- (d) the authority is cancelled under this Act.","sortOrder":78},{"sectionNumber":"sec.67","sectionType":"section","heading":"Transfer only by application","content":"### sec.67 Transfer only by application\n\nA distribution authority may be transferred only under this subdivision.\nA purported transfer of a distribution authority not made under this subdivision is of no effect.\nSee also section 301 .\n(sec.67-ssec.1) A distribution authority may be transferred only under this subdivision.\n(sec.67-ssec.2) A purported transfer of a distribution authority not made under this subdivision is of no effect. See also section 301 .","sortOrder":79},{"sectionNumber":"sec.68","sectionType":"section","heading":"Applying for transfer","content":"### sec.68 Applying for transfer\n\nA distributor may apply to the regulator to transfer the distributor’s authority.\nThe application must be—\nin the approved form; and\nmade by the distributor and the proposed transferee; and\naccompanied by the fee prescribed under a regulation.\n(sec.68-ssec.1) A distributor may apply to the regulator to transfer the distributor’s authority.\n(sec.68-ssec.2) The application must be— in the approved form; and made by the distributor and the proposed transferee; and accompanied by the fee prescribed under a regulation.\n- (a) in the approved form; and\n- (b) made by the distributor and the proposed transferee; and\n- (c) accompanied by the fee prescribed under a regulation.","sortOrder":80},{"sectionNumber":"sec.69","sectionType":"section","heading":"Deciding transfer application","content":"### sec.69 Deciding transfer application\n\nThe regulator may decide to grant the application only if the regulator is satisfied the proposed transferee is a suitable person to hold the authority.\nFor subsection (1) , the regulator may consider any suitability criteria to the extent it is relevant to the proposed transferee’s competence to hold the distribution authority.\nThe regulator may, in granting the application, impose conditions on the authority.\nIf the regulator decides to refuse the application or impose a condition on the authority, the regulator must, as soon as practicable, give the applicants an information notice about the decision.\nSubsection (4) does not apply for a condition that is the same, or is to the same effect, as a condition agreed to or requested by the applicants.\n(sec.69-ssec.1) The regulator may decide to grant the application only if the regulator is satisfied the proposed transferee is a suitable person to hold the authority.\n(sec.69-ssec.2) For subsection (1) , the regulator may consider any suitability criteria to the extent it is relevant to the proposed transferee’s competence to hold the distribution authority.\n(sec.69-ssec.3) The regulator may, in granting the application, impose conditions on the authority.\n(sec.69-ssec.4) If the regulator decides to refuse the application or impose a condition on the authority, the regulator must, as soon as practicable, give the applicants an information notice about the decision.\n(sec.69-ssec.5) Subsection (4) does not apply for a condition that is the same, or is to the same effect, as a condition agreed to or requested by the applicants.","sortOrder":81},{"sectionNumber":"sec.70","sectionType":"section","heading":"Mortgage of distribution authority","content":"### sec.70 Mortgage of distribution authority\n\nA distributor may mortgage the distributor’s distribution authority without the approval of, or notice to, the regulator.","sortOrder":82},{"sectionNumber":"sec.71","sectionType":"section","heading":"Notice of intention to exercise powers under mortgage","content":"### sec.71 Notice of intention to exercise powers under mortgage\n\nThis section applies if a mortgage has been granted over a distribution authority and the distributor has defaulted under the mortgage.\nThe mortgagee may exercise its powers under the mortgage only if the mortgagee has given the regulator at least 20 business days notice of the mortgagee’s intention to exercise powers under the mortgage that relate to the authority.\nAny purported exercise of a power under the mortgage relating to the authority in contravention of subsection (2) is of no effect.\n(sec.71-ssec.1) This section applies if a mortgage has been granted over a distribution authority and the distributor has defaulted under the mortgage.\n(sec.71-ssec.2) The mortgagee may exercise its powers under the mortgage only if the mortgagee has given the regulator at least 20 business days notice of the mortgagee’s intention to exercise powers under the mortgage that relate to the authority.\n(sec.71-ssec.3) Any purported exercise of a power under the mortgage relating to the authority in contravention of subsection (2) is of no effect.","sortOrder":83},{"sectionNumber":"sec.72","sectionType":"section","heading":"Consequence of exercising powers under mortgage","content":"### sec.72 Consequence of exercising powers under mortgage\n\nIf a mortgagee under a mortgage over a distribution authority exercises any power under the mortgage relating to the authority, this Act applies to the mortgagee as if the mortgagee were the distributor under the authority.","sortOrder":84},{"sectionNumber":"sec.73","sectionType":"section","heading":"Surrenders","content":"### sec.73 Surrenders\n\nA distributor may surrender its authority only if the regulator has, on the distributor’s application, approved the surrender.\nThe application must be in the approved form and accompanied by the fee prescribed under a regulation.\nThe regulator—\nmay impose conditions on giving the approval; and\nmust fix a time, no later than 6 months after deciding the application, for the surrender to take effect.\nIf the regulator decides to refuse the application or impose a condition on the surrender, the regulator must, as soon as practicable, give the applicant an information notice about the decision.\nSubsection (4) does not apply for a condition that is the same, or is to the same effect, as a condition agreed to or requested by the applicant.\n(sec.73-ssec.1) A distributor may surrender its authority only if the regulator has, on the distributor’s application, approved the surrender.\n(sec.73-ssec.2) The application must be in the approved form and accompanied by the fee prescribed under a regulation.\n(sec.73-ssec.3) The regulator— may impose conditions on giving the approval; and must fix a time, no later than 6 months after deciding the application, for the surrender to take effect.\n(sec.73-ssec.4) If the regulator decides to refuse the application or impose a condition on the surrender, the regulator must, as soon as practicable, give the applicant an information notice about the decision.\n(sec.73-ssec.5) Subsection (4) does not apply for a condition that is the same, or is to the same effect, as a condition agreed to or requested by the applicant.\n- (a) may impose conditions on giving the approval; and\n- (b) must fix a time, no later than 6 months after deciding the application, for the surrender to take effect.","sortOrder":85},{"sectionNumber":"ch.2-pt.1-div.5","sectionType":"division","heading":null,"content":"","sortOrder":86},{"sectionNumber":"sec.74","sectionType":"section","heading":null,"content":"### Section sec.74\n\ns 74 om 2006 No. 60 s 81","sortOrder":87},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"Gas infrastructure","content":"# Gas infrastructure","sortOrder":88},{"sectionNumber":"ch.2-pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":89},{"sectionNumber":"sec.75","sectionType":"section","heading":"What is gas infrastructure and gas infrastructure work","content":"### sec.75 What is gas infrastructure and gas infrastructure work\n\nGas infrastructure is the whole or any part of—\na distribution pipeline or system the subject of a distribution authority; or\nan LPG distribution pipeline; or\nan LPG distribution system.\nGas infrastructure work is the installation, operation, maintenance, repair, alteration or removal of gas infrastructure.\nFor subsection (2) , installation includes installation by way of excavation.\ns 75 amd 2006 No. 60 s 82\n(sec.75-ssec.1) Gas infrastructure is the whole or any part of— a distribution pipeline or system the subject of a distribution authority; or an LPG distribution pipeline; or an LPG distribution system.\n(sec.75-ssec.2) Gas infrastructure work is the installation, operation, maintenance, repair, alteration or removal of gas infrastructure.\n(sec.75-ssec.3) For subsection (2) , installation includes installation by way of excavation.\n- (a) a distribution pipeline or system the subject of a distribution authority; or\n- (b) an LPG distribution pipeline; or\n- (c) an LPG distribution system.","sortOrder":90},{"sectionNumber":"sec.75A","sectionType":"section","heading":"References to distributor in pt 2 includes a reference to LPG distributor","content":"### sec.75A References to distributor in pt 2 includes a reference to LPG distributor\n\nIn this part, a reference to a distributor includes a reference to an LPG distributor.\ns 75A ins 2006 No. 60 s 83","sortOrder":91},{"sectionNumber":"sec.76","sectionType":"section","heading":"What is a public entity","content":"### sec.76 What is a public entity\n\nA public entity is—\na government entity under the Government Owned Corporations Act 1993 , section 4 ; or\na local government.\n- (a) a government entity under the Government Owned Corporations Act 1993 , section 4 ; or\n- (b) a local government.","sortOrder":92},{"sectionNumber":"sec.77","sectionType":"section","heading":"Publicly controlled places and their public entities","content":"### sec.77 Publicly controlled places and their public entities\n\nA publicly controlled place is—\na State-controlled road under the Transport Infrastructure Act 1994 ; or\na place for which a public entity is responsible that—\nthe public is entitled to use; or\nis open to members of the public; or\nis used by the public, whether or not on payment of money.\nHowever, publicly controlled place does not include any of the following under the Transport Infrastructure Act 1994 —\nbusway land;\nlight rail land;\na railway;\nrail corridor land.\nFor provisions relevant to gas infrastructure works for places mentioned in subsection (2) , see the Transport Infrastructure Act 1994 , chapter 6 , chapter 9 , part 4 , divisions 4 and 5 and chapter 10 , part 4 , divisions 3 and 4 .\nThe public entity for a publicly controlled place is the public entity immediately and primarily responsible for the place.\n(sec.77-ssec.1) A publicly controlled place is— a State-controlled road under the Transport Infrastructure Act 1994 ; or a place for which a public entity is responsible that— the public is entitled to use; or is open to members of the public; or is used by the public, whether or not on payment of money.\n(sec.77-ssec.2) However, publicly controlled place does not include any of the following under the Transport Infrastructure Act 1994 — busway land; light rail land; a railway; rail corridor land. For provisions relevant to gas infrastructure works for places mentioned in subsection (2) , see the Transport Infrastructure Act 1994 , chapter 6 , chapter 9 , part 4 , divisions 4 and 5 and chapter 10 , part 4 , divisions 3 and 4 .\n(sec.77-ssec.3) The public entity for a publicly controlled place is the public entity immediately and primarily responsible for the place.\n- (a) a State-controlled road under the Transport Infrastructure Act 1994 ; or\n- (b) a place for which a public entity is responsible that— (i) the public is entitled to use; or (ii) is open to members of the public; or (iii) is used by the public, whether or not on payment of money.\n- (i) the public is entitled to use; or\n- (ii) is open to members of the public; or\n- (iii) is used by the public, whether or not on payment of money.\n- (i) the public is entitled to use; or\n- (ii) is open to members of the public; or\n- (iii) is used by the public, whether or not on payment of money.\n- (a) busway land;\n- (b) light rail land;\n- (c) a railway;\n- (d) rail corridor land.","sortOrder":93},{"sectionNumber":"ch.2-pt.2-div.2","sectionType":"division","heading":"Carrying out gas infrastructure work on publicly controlled places","content":"## Carrying out gas infrastructure work on publicly controlled places","sortOrder":94},{"sectionNumber":"sec.78","sectionType":"section","heading":"Right to carry out work on publicly controlled place","content":"### sec.78 Right to carry out work on publicly controlled place\n\nSubject to sections 79 and 88 and subdivision 2 , a distributor may carry out gas infrastructure work on a publicly controlled place.\ns 78 amd 2006 No. 60 s 84","sortOrder":95},{"sectionNumber":"sec.79","sectionType":"section","heading":"Requirements for carrying out work","content":"### sec.79 Requirements for carrying out work\n\nA distributor may carry out gas infrastructure work on a publicly controlled place only if—\nthe public entity has given its written approval for the carrying out of the work; or\nthe carrying out of the work is necessary because of an emergency.\nIf the work is carried out because of an emergency, the distributor must, as soon as practicable, give the entity notice of the work.\n(sec.79-ssec.1) A distributor may carry out gas infrastructure work on a publicly controlled place only if— the public entity has given its written approval for the carrying out of the work; or the carrying out of the work is necessary because of an emergency.\n(sec.79-ssec.2) If the work is carried out because of an emergency, the distributor must, as soon as practicable, give the entity notice of the work.\n- (a) the public entity has given its written approval for the carrying out of the work; or\n- (b) the carrying out of the work is necessary because of an emergency.","sortOrder":96},{"sectionNumber":"sec.80","sectionType":"section","heading":"Obtaining public entity’s approval","content":"### sec.80 Obtaining public entity’s approval\n\nThe distributor may, in writing, apply to the public entity for approval to carry out the gas infrastructure work.\nThe application must—\ndescribe the work and how it is proposed to be carried out; and\ngive particulars of where it is to be carried out; and\nbe supported by other relevant information, reasonably required by the entity, to enable it to consider the application.\nThe entity must, within 30 business days after receiving the information mentioned in subsection (2) (c) , decide to grant or refuse the approval.\nThe entity must not unreasonably refuse to grant the approval.\n(sec.80-ssec.1) The distributor may, in writing, apply to the public entity for approval to carry out the gas infrastructure work.\n(sec.80-ssec.2) The application must— describe the work and how it is proposed to be carried out; and give particulars of where it is to be carried out; and be supported by other relevant information, reasonably required by the entity, to enable it to consider the application.\n(sec.80-ssec.3) The entity must, within 30 business days after receiving the information mentioned in subsection (2) (c) , decide to grant or refuse the approval.\n(sec.80-ssec.4) The entity must not unreasonably refuse to grant the approval.\n- (a) describe the work and how it is proposed to be carried out; and\n- (b) give particulars of where it is to be carried out; and\n- (c) be supported by other relevant information, reasonably required by the entity, to enable it to consider the application.","sortOrder":97},{"sectionNumber":"sec.81","sectionType":"section","heading":"Conditions of approval","content":"### sec.81 Conditions of approval\n\nThe public entity may impose conditions on the approval it considers are reasonable.\na condition that, to minimise interference with public access to the place, the work may be carried out only on stated days or at stated times\nHowever, a condition about an alignment for gas infrastructure on, or proposed to be built on, a road must ensure the alignment is—\nsituated to ensure reasonable protection for the infrastructure; and\nif practicable, on the footpath or verge of the road.\n(sec.81-ssec.1) The public entity may impose conditions on the approval it considers are reasonable. a condition that, to minimise interference with public access to the place, the work may be carried out only on stated days or at stated times\n(sec.81-ssec.2) However, a condition about an alignment for gas infrastructure on, or proposed to be built on, a road must ensure the alignment is— situated to ensure reasonable protection for the infrastructure; and if practicable, on the footpath or verge of the road.\n- (a) situated to ensure reasonable protection for the infrastructure; and\n- (b) if practicable, on the footpath or verge of the road.","sortOrder":98},{"sectionNumber":"sec.82","sectionType":"section","heading":"Application of sdiv 2","content":"### sec.82 Application of sdiv 2\n\nThis subdivision applies if a distributor is carrying out gas infrastructure work on a publicly controlled place.","sortOrder":99},{"sectionNumber":"sec.83","sectionType":"section","heading":"Guarding","content":"### sec.83 Guarding\n\nThis section applies if the distributor has opened or broken up (the interference ) the place, or any part of the place.\nThe distributor must, at all times while the interference continues, ensure—\nthe interference is barricaded and guarded; and\nsigns and lights sufficient to warn and guide the public are set up and maintained against or near the interference.\nIf required by the public entity, the distributor must also set up and maintain against or near the interference additional warning or protection devices to safeguard the public while the interference continues.\nThe requirement may be made—\nbefore or during the carrying out of the work; and\nas well as any condition imposed under section 81 .\n(sec.83-ssec.1) This section applies if the distributor has opened or broken up (the interference ) the place, or any part of the place.\n(sec.83-ssec.2) The distributor must, at all times while the interference continues, ensure— the interference is barricaded and guarded; and signs and lights sufficient to warn and guide the public are set up and maintained against or near the interference.\n(sec.83-ssec.3) If required by the public entity, the distributor must also set up and maintain against or near the interference additional warning or protection devices to safeguard the public while the interference continues.\n(sec.83-ssec.4) The requirement may be made— before or during the carrying out of the work; and as well as any condition imposed under section 81 .\n- (a) the interference is barricaded and guarded; and\n- (b) signs and lights sufficient to warn and guide the public are set up and maintained against or near the interference.\n- (a) before or during the carrying out of the work; and\n- (b) as well as any condition imposed under section 81 .","sortOrder":100},{"sectionNumber":"sec.84","sectionType":"section","heading":"Warning signs on roads","content":"### sec.84 Warning signs on roads\n\nIf the work is carried out on a road, lights and signs set up or maintained to safeguard the public must be the appropriate official signs under the Transport Operations (Road Use Management) Act 1995 .","sortOrder":101},{"sectionNumber":"sec.85","sectionType":"section","heading":"General obligations in carrying out work","content":"### sec.85 General obligations in carrying out work\n\nThe distributor must—\ncomplete the work as soon as practicable; and\nrestore, as nearly as practicable, the relevant part of the place to the condition it was in before the work started; and\nremove any rubbish or surplus earth caused by the work; and\ncomply with—\nconditions the public entity has imposed on any approval it has given to carry out the work; and\nany relevant provisions of the Petroleum and Gas (Production and Safety) Act and any other relevant law.\nIf, in carrying out the work, the distributor causes damage to the place, the distributor must fix the damage as soon as practicable.\ns 85 amd 2004 No. 25 s 973\n(sec.85-ssec.1) The distributor must— complete the work as soon as practicable; and restore, as nearly as practicable, the relevant part of the place to the condition it was in before the work started; and remove any rubbish or surplus earth caused by the work; and comply with— conditions the public entity has imposed on any approval it has given to carry out the work; and any relevant provisions of the Petroleum and Gas (Production and Safety) Act and any other relevant law.\n(sec.85-ssec.2) If, in carrying out the work, the distributor causes damage to the place, the distributor must fix the damage as soon as practicable.\n- (a) complete the work as soon as practicable; and\n- (b) restore, as nearly as practicable, the relevant part of the place to the condition it was in before the work started; and\n- (c) remove any rubbish or surplus earth caused by the work; and\n- (d) comply with— (i) conditions the public entity has imposed on any approval it has given to carry out the work; and (ii) any relevant provisions of the Petroleum and Gas (Production and Safety) Act and any other relevant law.\n- (i) conditions the public entity has imposed on any approval it has given to carry out the work; and\n- (ii) any relevant provisions of the Petroleum and Gas (Production and Safety) Act and any other relevant law.\n- (i) conditions the public entity has imposed on any approval it has given to carry out the work; and\n- (ii) any relevant provisions of the Petroleum and Gas (Production and Safety) Act and any other relevant law.","sortOrder":102},{"sectionNumber":"sec.86","sectionType":"section","heading":"Maintenance","content":"### sec.86 Maintenance\n\nThis section applies if the distributor has opened or broken up the place or any part of it and has, under section 85 , restored the place or part.\nThe distributor must carry out maintenance to ensure the place or part is kept in good repair until the later of the following periods to end—\nthe period that ends 3 months after the restoration was finished;\nif, because of the carrying out of the work or the restoration, the ground at the place or part subsides within the 3 months, the period that ends on the earlier of the following—\nthe day the subsidence ends;\nthe first anniversary of the day the restoration was finished.\nThe maintenance must be carried out in the way agreed between the public entity and the distributor.\n(sec.86-ssec.1) This section applies if the distributor has opened or broken up the place or any part of it and has, under section 85 , restored the place or part.\n(sec.86-ssec.2) The distributor must carry out maintenance to ensure the place or part is kept in good repair until the later of the following periods to end— the period that ends 3 months after the restoration was finished; if, because of the carrying out of the work or the restoration, the ground at the place or part subsides within the 3 months, the period that ends on the earlier of the following— the day the subsidence ends; the first anniversary of the day the restoration was finished.\n(sec.86-ssec.3) The maintenance must be carried out in the way agreed between the public entity and the distributor.\n- (a) the period that ends 3 months after the restoration was finished;\n- (b) if, because of the carrying out of the work or the restoration, the ground at the place or part subsides within the 3 months, the period that ends on the earlier of the following— (i) the day the subsidence ends; (ii) the first anniversary of the day the restoration was finished.\n- (i) the day the subsidence ends;\n- (ii) the first anniversary of the day the restoration was finished.\n- (i) the day the subsidence ends;\n- (ii) the first anniversary of the day the restoration was finished.","sortOrder":103},{"sectionNumber":"sec.87","sectionType":"section","heading":"Power to give work direction","content":"### sec.87 Power to give work direction\n\nThis section applies if—\na distributor is carrying out, or has carried out, gas infrastructure work on a publicly controlled place; and\nthe public entity reasonably considers work should be, or should have been, carried out to ensure compliance with a condition imposed under section 81 or an obligation under subdivision 2 .\nThe entity may give the distributor a notice (a work direction ) directing the distributor to carry out stated work to comply with the condition or obligation within a stated reasonable period.\nThe work direction must—\nidentify the condition or obligation; and\ninclude, or be accompanied by, an information notice about the decision to give the direction.\n(sec.87-ssec.1) This section applies if— a distributor is carrying out, or has carried out, gas infrastructure work on a publicly controlled place; and the public entity reasonably considers work should be, or should have been, carried out to ensure compliance with a condition imposed under section 81 or an obligation under subdivision 2 .\n(sec.87-ssec.2) The entity may give the distributor a notice (a work direction ) directing the distributor to carry out stated work to comply with the condition or obligation within a stated reasonable period.\n(sec.87-ssec.3) The work direction must— identify the condition or obligation; and include, or be accompanied by, an information notice about the decision to give the direction.\n- (a) a distributor is carrying out, or has carried out, gas infrastructure work on a publicly controlled place; and\n- (b) the public entity reasonably considers work should be, or should have been, carried out to ensure compliance with a condition imposed under section 81 or an obligation under subdivision 2 .\n- (a) identify the condition or obligation; and\n- (b) include, or be accompanied by, an information notice about the decision to give the direction.","sortOrder":104},{"sectionNumber":"sec.88","sectionType":"section","heading":"Compliance with work direction","content":"### sec.88 Compliance with work direction\n\nA distributor to whom a work direction has been given must comply with the direction to the reasonable satisfaction of the public entity that gave the direction.\nIf the distributor does not comply with subsection (1) , the entity may carry out the relevant work.\nIn carrying out the work, the entity must comply with any relevant provisions of the Petroleum and Gas (Production and Safety) Act and any other relevant law.\ns 88 amd 2004 No. 25 s 974\n(sec.88-ssec.1) A distributor to whom a work direction has been given must comply with the direction to the reasonable satisfaction of the public entity that gave the direction.\n(sec.88-ssec.2) If the distributor does not comply with subsection (1) , the entity may carry out the relevant work.\n(sec.88-ssec.3) In carrying out the work, the entity must comply with any relevant provisions of the Petroleum and Gas (Production and Safety) Act and any other relevant law.","sortOrder":105},{"sectionNumber":"sec.89","sectionType":"section","heading":"Costs of carrying out directed work","content":"### sec.89 Costs of carrying out directed work\n\nA distributor to whom a work direction has been given must bear the costs of complying with the direction.\nIf, under section 88 (2) , the public entity has carried out the relevant work, it may recover from the distributor as a debt the amount of its reasonable costs of carrying out the work.\n(sec.89-ssec.1) A distributor to whom a work direction has been given must bear the costs of complying with the direction.\n(sec.89-ssec.2) If, under section 88 (2) , the public entity has carried out the relevant work, it may recover from the distributor as a debt the amount of its reasonable costs of carrying out the work.","sortOrder":106},{"sectionNumber":"ch.2-pt.2-div.3","sectionType":"division","heading":"Public entity work","content":"## Public entity work","sortOrder":107},{"sectionNumber":"sec.90","sectionType":"section","heading":"Application of div 3","content":"### sec.90 Application of div 3\n\nThis division applies if a public entity for a publicly controlled place proposes to do work ( public entity work ) that is likely to affect the safety, location or operation of gas infrastructure.","sortOrder":108},{"sectionNumber":"sec.91","sectionType":"section","heading":"Requirement to consult if gas infrastructure affected","content":"### sec.91 Requirement to consult if gas infrastructure affected\n\nThe public entity must give the distributor for the gas infrastructure a notice stating—\ndetails of the proposed public entity work; and\nthat the distributor may, within a stated period, make written submissions to the entity about the proposal.\nThe stated period must not end before 30 business days after the notice is given.\nBefore deciding to make the change, the entity must consider any written submission made by the distributor within the stated period.\n(sec.91-ssec.1) The public entity must give the distributor for the gas infrastructure a notice stating— details of the proposed public entity work; and that the distributor may, within a stated period, make written submissions to the entity about the proposal.\n(sec.91-ssec.2) The stated period must not end before 30 business days after the notice is given.\n(sec.91-ssec.3) Before deciding to make the change, the entity must consider any written submission made by the distributor within the stated period.\n- (a) details of the proposed public entity work; and\n- (b) that the distributor may, within a stated period, make written submissions to the entity about the proposal.","sortOrder":109},{"sectionNumber":"sec.92","sectionType":"section","heading":"Power to require consequential work","content":"### sec.92 Power to require consequential work\n\nThis section applies if—\nthe public entity has complied with section 91 ; and\nto carry out the public entity work, it is reasonably necessary for any of the following work to be done ( consequential work )—\nchanging the position of the gas infrastructure;\ncarrying out other work in relation to the gas infrastructure.\nThe entity may, by notice (a consequential work requirement ), require the distributor to do the consequential work within a stated reasonable period.\n(sec.92-ssec.1) This section applies if— the public entity has complied with section 91 ; and to carry out the public entity work, it is reasonably necessary for any of the following work to be done ( consequential work )— changing the position of the gas infrastructure; carrying out other work in relation to the gas infrastructure.\n(sec.92-ssec.2) The entity may, by notice (a consequential work requirement ), require the distributor to do the consequential work within a stated reasonable period.\n- (a) the public entity has complied with section 91 ; and\n- (b) to carry out the public entity work, it is reasonably necessary for any of the following work to be done ( consequential work )— (i) changing the position of the gas infrastructure; (ii) carrying out other work in relation to the gas infrastructure.\n- (i) changing the position of the gas infrastructure;\n- (ii) carrying out other work in relation to the gas infrastructure.\n- (i) changing the position of the gas infrastructure;\n- (ii) carrying out other work in relation to the gas infrastructure.","sortOrder":110},{"sectionNumber":"sec.93","sectionType":"section","heading":"Compliance with consequential work requirement","content":"### sec.93 Compliance with consequential work requirement\n\nA distributor of whom a consequential work requirement has been made must comply with the requirement to the reasonable satisfaction of the public entity that made the requirement.\nIf the distributor does not comply with subsection (1) , the entity may carry out the relevant consequential work.\nIn carrying out the work, the entity must comply with any relevant provisions of the Petroleum and Gas (Production and Safety) Act and any relevant law.\ns 93 amd 2004 No. 25 s 975\n(sec.93-ssec.1) A distributor of whom a consequential work requirement has been made must comply with the requirement to the reasonable satisfaction of the public entity that made the requirement.\n(sec.93-ssec.2) If the distributor does not comply with subsection (1) , the entity may carry out the relevant consequential work.\n(sec.93-ssec.3) In carrying out the work, the entity must comply with any relevant provisions of the Petroleum and Gas (Production and Safety) Act and any relevant law.","sortOrder":111},{"sectionNumber":"sec.94","sectionType":"section","heading":"Costs of carrying out required consequential work","content":"### sec.94 Costs of carrying out required consequential work\n\nA public entity must bear the costs of complying with any consequential work requirement it makes.\nIf the relevant distributor has complied with section 93 (1) , the distributor may recover from the entity as a debt the amount of the distributor’s reasonable costs of carrying out the work.\n(sec.94-ssec.1) A public entity must bear the costs of complying with any consequential work requirement it makes.\n(sec.94-ssec.2) If the relevant distributor has complied with section 93 (1) , the distributor may recover from the entity as a debt the amount of the distributor’s reasonable costs of carrying out the work.","sortOrder":112},{"sectionNumber":"ch.2-pt.2-div.4","sectionType":"division","heading":"Gas infrastructure interfering with publicly controlled place","content":"## Gas infrastructure interfering with publicly controlled place","sortOrder":113},{"sectionNumber":"sec.95","sectionType":"section","heading":"Application of div 4","content":"### sec.95 Application of div 4\n\nThis division applies if gas infrastructure on a publicly controlled place interferes with the use of the place by the public entity or the public.","sortOrder":114},{"sectionNumber":"sec.96","sectionType":"section","heading":"Remedial action by public entity in emergency","content":"### sec.96 Remedial action by public entity in emergency\n\nIf, because of an emergency, it is necessary to take action ( remedial action ) to ensure the gas infrastructure ceases to interfere with the use of the place, the public entity may take the remedial action.","sortOrder":115},{"sectionNumber":"sec.97","sectionType":"section","heading":"Power to require remedial action","content":"### sec.97 Power to require remedial action\n\nThe public entity may, by notice (a remedial action requirement ), require the distributor for the gas infrastructure to take remedial action within a stated reasonable period.","sortOrder":116},{"sectionNumber":"sec.98","sectionType":"section","heading":"Compliance with remedial action requirement","content":"### sec.98 Compliance with remedial action requirement\n\nA distributor of whom a remedial action requirement has been made must comply with the requirement to the reasonable satisfaction of the public entity that made the requirement.\nIf the distributor does not comply with subsection (1) , the entity may take the relevant remedial action.\nIn taking the remedial action, the entity must comply with any relevant provisions of the Petroleum and Gas (Production and Safety) Act and any other relevant law.\ns 98 amd 2004 No. 25 s 976\n(sec.98-ssec.1) A distributor of whom a remedial action requirement has been made must comply with the requirement to the reasonable satisfaction of the public entity that made the requirement.\n(sec.98-ssec.2) If the distributor does not comply with subsection (1) , the entity may take the relevant remedial action.\n(sec.98-ssec.3) In taking the remedial action, the entity must comply with any relevant provisions of the Petroleum and Gas (Production and Safety) Act and any other relevant law.","sortOrder":117},{"sectionNumber":"sec.99","sectionType":"section","heading":"Costs of taking required remedial action","content":"### sec.99 Costs of taking required remedial action\n\nA public entity must bear the costs of complying with any remedial action requirement it makes.\nIf the relevant distributor has complied with section 98 (1) , the distributor may recover from the entity as a debt the amount of the distributor’s reasonable costs of taking the action.\n(sec.99-ssec.1) A public entity must bear the costs of complying with any remedial action requirement it makes.\n(sec.99-ssec.2) If the relevant distributor has complied with section 98 (1) , the distributor may recover from the entity as a debt the amount of the distributor’s reasonable costs of taking the action.","sortOrder":118},{"sectionNumber":"ch.2-pt.2-div.5","sectionType":"division","heading":"Miscellaneous provisions","content":"## Miscellaneous provisions","sortOrder":119},{"sectionNumber":"sec.100","sectionType":"section","heading":"Ownership of gas infrastructure that becomes part of land","content":"### sec.100 Ownership of gas infrastructure that becomes part of land\n\nGas infrastructure owned by a distributor remains the distributor’s personal property despite—\nit becoming part of any land; or\nthe sale or other disposal of the land.\nHowever, subsection (1) ceases to apply if the distributor agrees that the gas infrastructure is no longer the distributor’s property.\nThis section applies despite—\nan Act or law of a State; or\na contract, covenant or claim of right under a law of a State.\nThis section ceases to apply if—\nthe distribution authority is cancelled or otherwise ends; or\nthe land on which the infrastructure is situated ceases to be land subject to, or in the distribution area of, the authority.\nFor subsection (4) , if the term of the authority ends but, under section 66 , it is continued in force, the authority only ends if, under that section, it stops being in force.\n(sec.100-ssec.1) Gas infrastructure owned by a distributor remains the distributor’s personal property despite— it becoming part of any land; or the sale or other disposal of the land.\n(sec.100-ssec.2) However, subsection (1) ceases to apply if the distributor agrees that the gas infrastructure is no longer the distributor’s property.\n(sec.100-ssec.3) This section applies despite— an Act or law of a State; or a contract, covenant or claim of right under a law of a State.\n(sec.100-ssec.4) This section ceases to apply if— the distribution authority is cancelled or otherwise ends; or the land on which the infrastructure is situated ceases to be land subject to, or in the distribution area of, the authority.\n(sec.100-ssec.5) For subsection (4) , if the term of the authority ends but, under section 66 , it is continued in force, the authority only ends if, under that section, it stops being in force.\n- (a) it becoming part of any land; or\n- (b) the sale or other disposal of the land.\n- (a) an Act or law of a State; or\n- (b) a contract, covenant or claim of right under a law of a State.\n- (a) the distribution authority is cancelled or otherwise ends; or\n- (b) the land on which the infrastructure is situated ceases to be land subject to, or in the distribution area of, the authority.","sortOrder":120},{"sectionNumber":"sec.101","sectionType":"section","heading":"Compensation","content":"### sec.101 Compensation\n\nThis section applies if a person (the claimant ) suffers a cost, damage or loss because of the exercise, or purported exercise, of a power under this part by a distributor.\nCompensation for the cost, damage or loss is payable by the distributor to the claimant.\nThe compensation may be claimed and ordered in a proceeding brought in a court of competent jurisdiction.\n(sec.101-ssec.1) This section applies if a person (the claimant ) suffers a cost, damage or loss because of the exercise, or purported exercise, of a power under this part by a distributor.\n(sec.101-ssec.2) Compensation for the cost, damage or loss is payable by the distributor to the claimant.\n(sec.101-ssec.3) The compensation may be claimed and ordered in a proceeding brought in a court of competent jurisdiction.","sortOrder":121},{"sectionNumber":"ch.2-pt.3","sectionType":"part","heading":"Customer connection services","content":"# Customer connection services","sortOrder":122},{"sectionNumber":"ch.2-pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":123},{"sectionNumber":"sec.102","sectionType":"section","heading":"Application of pt 3","content":"### sec.102 Application of pt 3\n\nThis part applies to a distributor in relation to the distributor’s gas infrastructure that is not a distribution system under the NERL (Qld).\ns 102 amd 2005 No. 51 s 26\nsub 2014 No. 48 s 123","sortOrder":124},{"sectionNumber":"ch.2-pt.3-div.2","sectionType":"division","heading":"Applying for and obtaining customer connection services","content":"## Applying for and obtaining customer connection services","sortOrder":125},{"sectionNumber":"sec.103","sectionType":"section","heading":"Who may apply for customer connection services","content":"### sec.103 Who may apply for customer connection services\n\nEach person as follows may apply to a distributor for the provision of customer connection services for a covered gas to premises within the distributor’s distribution area—\na person who owns or occupies the premises;\na retailer, for a customer or proposed customer of the retailer.\nThe application must be made in the way and give the information reasonably required by the distributor.\ns 103 amd 2023 No. 25 s 31 sch 1\n(sec.103-ssec.1) Each person as follows may apply to a distributor for the provision of customer connection services for a covered gas to premises within the distributor’s distribution area— a person who owns or occupies the premises; a retailer, for a customer or proposed customer of the retailer.\n(sec.103-ssec.2) The application must be made in the way and give the information reasonably required by the distributor.\n- (a) a person who owns or occupies the premises;\n- (b) a retailer, for a customer or proposed customer of the retailer.","sortOrder":126},{"sectionNumber":"sec.104","sectionType":"section","heading":"Deciding application","content":"### sec.104 Deciding application\n\nThe distributor must decide to grant or refuse the application within—\n10 business days after the application is made; or\na longer period agreed between the distributor and the applicant.\nThe distributor must decide to grant the application unless a limit under section 109 on the obligation to provide customer connection services applies.\ns 104 amd 2006 No. 60 s 85\n(sec.104-ssec.1) The distributor must decide to grant or refuse the application within— 10 business days after the application is made; or a longer period agreed between the distributor and the applicant.\n(sec.104-ssec.2) The distributor must decide to grant the application unless a limit under section 109 on the obligation to provide customer connection services applies.\n- (a) 10 business days after the application is made; or\n- (b) a longer period agreed between the distributor and the applicant.","sortOrder":127},{"sectionNumber":"sec.104A","sectionType":"section","heading":"Information notice for refusal of services","content":"### sec.104A Information notice for refusal of services\n\nIf the distributor decides not provide to the premises the customer connection services for the covered gas applied for, the distributor must, as soon as practicable after, but within 1 month of, receiving the application give the customer an information notice about the decision.\ns 104A ins 2006 No. 60 s 86\namd 2023 No. 25 s 31 sch 1","sortOrder":128},{"sectionNumber":"sec.105","sectionType":"section","heading":"Distributor’s obligation to propose terms","content":"### sec.105 Distributor’s obligation to propose terms\n\nIf the distributor decides to grant the application, the distributor must, within the relevant period, tell or give the applicant notice of, each of the following—\nthat the application has been granted;\nthe terms on which the distributor will provide the customer connection services for the covered gas;\nthat the applicant may ask for the terms in writing.\nIf the applicant asks, the distributor must, as soon as practicable, give the applicant notice of the terms.\nIf the distributor does not comply with subsection (1) within the relevant period the distributor is taken to have decided to refuse the application.\nIn this section—\nrelevant period means—\n10 business days after the application is decided; or\na longer period agreed between the distributor and the applicant within the 10 business days.\ns 105 amd 2006 No. 60 s 87 ; 2023 No. 25 s 31 sch 1\n(sec.105-ssec.1) If the distributor decides to grant the application, the distributor must, within the relevant period, tell or give the applicant notice of, each of the following— that the application has been granted; the terms on which the distributor will provide the customer connection services for the covered gas; that the applicant may ask for the terms in writing.\n(sec.105-ssec.2) If the applicant asks, the distributor must, as soon as practicable, give the applicant notice of the terms.\n(sec.105-ssec.3) If the distributor does not comply with subsection (1) within the relevant period the distributor is taken to have decided to refuse the application.\n(sec.105-ssec.4) In this section— relevant period means— 10 business days after the application is decided; or a longer period agreed between the distributor and the applicant within the 10 business days.\n- (a) that the application has been granted;\n- (b) the terms on which the distributor will provide the customer connection services for the covered gas;\n- (c) that the applicant may ask for the terms in writing.\n- (a) 10 business days after the application is decided; or\n- (b) a longer period agreed between the distributor and the applicant within the 10 business days.","sortOrder":129},{"sectionNumber":"sec.106","sectionType":"section","heading":"Connection contract","content":"### sec.106 Connection contract\n\nIf the distributor and the applicant agree about the terms for providing the customer connection services for the covered gas, the agreement is called a connection contract .\nSee also section 125 .\nThe agreement may be oral or written.\nThe making of a connection contract is subject to subdivision 3 .\ns 106 amd 2006 No. 60 s 88 ; 2023 No. 25 s 31 sch 1\n(sec.106-ssec.1) If the distributor and the applicant agree about the terms for providing the customer connection services for the covered gas, the agreement is called a connection contract . See also section 125 .\n(sec.106-ssec.2) The agreement may be oral or written.\n(sec.106-ssec.3) The making of a connection contract is subject to subdivision 3 .","sortOrder":130},{"sectionNumber":"sec.107","sectionType":"section","heading":null,"content":"### Section sec.107\n\ns 107 om 2006 No. 60 s 89","sortOrder":131},{"sectionNumber":"sec.108","sectionType":"section","heading":"Commencement of customer connection services","content":"### sec.108 Commencement of customer connection services\n\nIf the distributor and the applicant enter into a connection contract, the distributor must, subject to section 109 , start to provide the customer connection services for the covered gas at the time provided under this section.\nGenerally, the distributor must use reasonable endeavours to comply with the obligation within the required period after entering into the contract.\nHowever, if, within the required period after entering into the contract, the distributor requires any of the following the obligation ceases—\nthe giving of security for the services in an amount and a way that is fair and reasonable;\nthe giving of a reasonable advance payment for the services;\nthe payment of charges for establishing a connection to the applicant’s premises, if the charges are reasonable having regard to the expected revenue from the transportation of the covered gas as a result of the connection.\nIf the requirement is met, the distributor must use reasonable endeavours to connect the premises within the required period after meeting the requirement.\nIn this section—\nrequired period , after entering into the contract or meeting the requirement, means—\nif starting to provide the services only involves opening a physical connection to the distributor’s pipeline or system—\n10 business days; or\nany longer period agreed to by the applicant within the 10 business days;\nif starting to provide the services involves more than opening a physical connection to the distributor’s pipeline or system—\na reasonable period; or\nany longer period agreed to by the applicant.\ns 108 amd 2006 No. 60 s 90 ; 2014 No. 48 s 124 ; 2023 No. 25 s 31 sch 1\n(sec.108-ssec.1) If the distributor and the applicant enter into a connection contract, the distributor must, subject to section 109 , start to provide the customer connection services for the covered gas at the time provided under this section.\n(sec.108-ssec.2) Generally, the distributor must use reasonable endeavours to comply with the obligation within the required period after entering into the contract.\n(sec.108-ssec.3) However, if, within the required period after entering into the contract, the distributor requires any of the following the obligation ceases— the giving of security for the services in an amount and a way that is fair and reasonable; the giving of a reasonable advance payment for the services; the payment of charges for establishing a connection to the applicant’s premises, if the charges are reasonable having regard to the expected revenue from the transportation of the covered gas as a result of the connection.\n(sec.108-ssec.4) If the requirement is met, the distributor must use reasonable endeavours to connect the premises within the required period after meeting the requirement.\n(sec.108-ssec.5) In this section— required period , after entering into the contract or meeting the requirement, means— if starting to provide the services only involves opening a physical connection to the distributor’s pipeline or system— 10 business days; or any longer period agreed to by the applicant within the 10 business days; if starting to provide the services involves more than opening a physical connection to the distributor’s pipeline or system— a reasonable period; or any longer period agreed to by the applicant.\n- (a) the giving of security for the services in an amount and a way that is fair and reasonable;\n- (b) the giving of a reasonable advance payment for the services;\n- (c) the payment of charges for establishing a connection to the applicant’s premises, if the charges are reasonable having regard to the expected revenue from the transportation of the covered gas as a result of the connection.\n- (a) if starting to provide the services only involves opening a physical connection to the distributor’s pipeline or system— (i) 10 business days; or (ii) any longer period agreed to by the applicant within the 10 business days;\n- (i) 10 business days; or\n- (ii) any longer period agreed to by the applicant within the 10 business days;\n- (b) if starting to provide the services involves more than opening a physical connection to the distributor’s pipeline or system— (i) a reasonable period; or (ii) any longer period agreed to by the applicant.\n- (i) a reasonable period; or\n- (ii) any longer period agreed to by the applicant.\n- (i) 10 business days; or\n- (ii) any longer period agreed to by the applicant within the 10 business days;\n- (i) a reasonable period; or\n- (ii) any longer period agreed to by the applicant.","sortOrder":132},{"sectionNumber":"sec.109","sectionType":"section","heading":"Limits on provision of customer connection services","content":"### sec.109 Limits on provision of customer connection services\n\nThe distributor is not obliged to provide the customer connection services to a person’s premises in any of the following circumstances—\nproviding the services—\ncontravenes a provision of the Petroleum and Gas (Production and Safety) Act or another relevant Act about safety; or\ncontravenes a provision of the Petroleum and Gas (Production and Safety) Act or another relevant Act about gas measurement or quality; or\nwould unreasonably interfere with the connection, transport or sale of a covered gas to other customers; or\nis denied or limited under an insufficiency of supply direction;\nthe distributor has asked the person to do any of the following and the person has not complied with the request within a reasonable period—\nperform work, or changes to the person’s installation for a covered gas, necessary to allow connection of the distributor’s meter to measure consumption of the covered gas;\nprovide or maintain access, equipment, facilities, space or anything else reasonably needed for the provision of the services;\nthe distributor is entitled, under its connection contract or under a regulation, to disconnect customer connection services to the premises;\na circumstance beyond the distributor’s control prevents the distributor from providing the customer connection services.\nThe obligation ceases during any period in which the provision of the services is disconnected under a connection contract or under a dangerous situation direction under the Petroleum and Gas (Production and Safety) Act.\nAlso, the obligation does not apply if a regulation states the obligation does not apply.\nThe obligation is subject to—\nany relevant insufficiency of supply declaration or insufficiency of supply direction; and\nthe retailer of last resort scheme; and\nthe conditions of the distributor’s relevant distribution authority; and\nany relevant provision of a distribution network code about cooling-off periods for the provision of customer connection services.\nThis section does not prevent the distributor from lawfully providing the customer connection services even though it is not obliged to do so.\ns 109 amd 2004 No. 25 s 977 ; 2006 No. 60 s 91 ; 2014 No. 48 s 183 sch 1 ; 2023 No. 25 s 31 sch 1\n(sec.109-ssec.1) The distributor is not obliged to provide the customer connection services to a person’s premises in any of the following circumstances— providing the services— contravenes a provision of the Petroleum and Gas (Production and Safety) Act or another relevant Act about safety; or contravenes a provision of the Petroleum and Gas (Production and Safety) Act or another relevant Act about gas measurement or quality; or would unreasonably interfere with the connection, transport or sale of a covered gas to other customers; or is denied or limited under an insufficiency of supply direction; the distributor has asked the person to do any of the following and the person has not complied with the request within a reasonable period— perform work, or changes to the person’s installation for a covered gas, necessary to allow connection of the distributor’s meter to measure consumption of the covered gas; provide or maintain access, equipment, facilities, space or anything else reasonably needed for the provision of the services; the distributor is entitled, under its connection contract or under a regulation, to disconnect customer connection services to the premises; a circumstance beyond the distributor’s control prevents the distributor from providing the customer connection services.\n(sec.109-ssec.2) The obligation ceases during any period in which the provision of the services is disconnected under a connection contract or under a dangerous situation direction under the Petroleum and Gas (Production and Safety) Act.\n(sec.109-ssec.3) Also, the obligation does not apply if a regulation states the obligation does not apply.\n(sec.109-ssec.4) The obligation is subject to— any relevant insufficiency of supply declaration or insufficiency of supply direction; and the retailer of last resort scheme; and the conditions of the distributor’s relevant distribution authority; and any relevant provision of a distribution network code about cooling-off periods for the provision of customer connection services.\n(sec.109-ssec.5) This section does not prevent the distributor from lawfully providing the customer connection services even though it is not obliged to do so.\n- (a) providing the services— (i) contravenes a provision of the Petroleum and Gas (Production and Safety) Act or another relevant Act about safety; or (ii) contravenes a provision of the Petroleum and Gas (Production and Safety) Act or another relevant Act about gas measurement or quality; or (iii) would unreasonably interfere with the connection, transport or sale of a covered gas to other customers; or (iv) is denied or limited under an insufficiency of supply direction;\n- (i) contravenes a provision of the Petroleum and Gas (Production and Safety) Act or another relevant Act about safety; or\n- (ii) contravenes a provision of the Petroleum and Gas (Production and Safety) Act or another relevant Act about gas measurement or quality; or\n- (iii) would unreasonably interfere with the connection, transport or sale of a covered gas to other customers; or\n- (iv) is denied or limited under an insufficiency of supply direction;\n- (b) the distributor has asked the person to do any of the following and the person has not complied with the request within a reasonable period— (i) perform work, or changes to the person’s installation for a covered gas, necessary to allow connection of the distributor’s meter to measure consumption of the covered gas; (ii) provide or maintain access, equipment, facilities, space or anything else reasonably needed for the provision of the services;\n- (i) perform work, or changes to the person’s installation for a covered gas, necessary to allow connection of the distributor’s meter to measure consumption of the covered gas;\n- (ii) provide or maintain access, equipment, facilities, space or anything else reasonably needed for the provision of the services;\n- (c) the distributor is entitled, under its connection contract or under a regulation, to disconnect customer connection services to the premises;\n- (d) a circumstance beyond the distributor’s control prevents the distributor from providing the customer connection services.\n- (i) contravenes a provision of the Petroleum and Gas (Production and Safety) Act or another relevant Act about safety; or\n- (ii) contravenes a provision of the Petroleum and Gas (Production and Safety) Act or another relevant Act about gas measurement or quality; or\n- (iii) would unreasonably interfere with the connection, transport or sale of a covered gas to other customers; or\n- (iv) is denied or limited under an insufficiency of supply direction;\n- (i) perform work, or changes to the person’s installation for a covered gas, necessary to allow connection of the distributor’s meter to measure consumption of the covered gas;\n- (ii) provide or maintain access, equipment, facilities, space or anything else reasonably needed for the provision of the services;\n- (a) any relevant insufficiency of supply declaration or insufficiency of supply direction; and\n- (b) the retailer of last resort scheme; and\n- (c) the conditions of the distributor’s relevant distribution authority; and\n- (d) any relevant provision of a distribution network code about cooling-off periods for the provision of customer connection services.","sortOrder":133},{"sectionNumber":"sec.109A","sectionType":"section","heading":"General limits on what may be negotiated","content":"### sec.109A General limits on what may be negotiated\n\nA connection contract must not be inconsistent with this Act or any relevant distribution network code.\nIf—\ncustomer connection services relate to a covered gas transported through a covered pipeline; and\nthere is an approved access arrangement for the pipeline;\na connection contract for the services must not be inconsistent with the access arrangement.\nA connection contract is unenforceable to the extent it does not comply with this section.\ns 109A ins 2006 No. 60 s 92\namd 2014 No. 48 s 183 sch 1 ; 2023 No. 25 s 31 sch 1\n(sec.109A-ssec.1) A connection contract must not be inconsistent with this Act or any relevant distribution network code.\n(sec.109A-ssec.2) If— customer connection services relate to a covered gas transported through a covered pipeline; and there is an approved access arrangement for the pipeline; a connection contract for the services must not be inconsistent with the access arrangement.\n(sec.109A-ssec.3) A connection contract is unenforceable to the extent it does not comply with this section.\n- (a) customer connection services relate to a covered gas transported through a covered pipeline; and\n- (b) there is an approved access arrangement for the pipeline;","sortOrder":134},{"sectionNumber":"sec.109B","sectionType":"section","heading":"Provisions for small customers","content":"### sec.109B Provisions for small customers\n\nThis section applies to a connection contract for the provision of customer connection services to a small customer’s premises.\nThe contract must comply with all relevant distribution network code provisions about minimum terms for the provision of customer connection services to small customers.\nThe contract is unenforceable to the extent it does not comply with subsection (2) .\nIf, under subsection (3) , a term of the contract is unenforceable because it conflicts with a minimum term provision mentioned in subsection (2) , the minimum term is taken to be a term of the contract.\ns 109B ins 2006 No. 60 s 92\namd 2014 No. 48 s 183 sch 1\n(sec.109B-ssec.1) This section applies to a connection contract for the provision of customer connection services to a small customer’s premises.\n(sec.109B-ssec.2) The contract must comply with all relevant distribution network code provisions about minimum terms for the provision of customer connection services to small customers.\n(sec.109B-ssec.3) The contract is unenforceable to the extent it does not comply with subsection (2) .\n(sec.109B-ssec.4) If, under subsection (3) , a term of the contract is unenforceable because it conflicts with a minimum term provision mentioned in subsection (2) , the minimum term is taken to be a term of the contract.","sortOrder":135},{"sectionNumber":"sec.109C","sectionType":"section","heading":"Provisions for large customers","content":"### sec.109C Provisions for large customers\n\nThis section applies to a connection contract for the provision of customer connection services to a large customer’s premises.\nThe contract must provide for the provision of the services on fair and reasonable terms.\nThe services are taken to be provided on fair and reasonable terms if the contract is consistent with relevant distribution network code provisions about minimum terms for the provision of customer connection services to small customers.\nIn this section—\nlarge customer , for premises, means a customer other than a small customer for the premises.\ns 109C ins 2006 No. 60 s 92\namd 2014 No. 48 ss 125 , 183 sch 1\n(sec.109C-ssec.1) This section applies to a connection contract for the provision of customer connection services to a large customer’s premises.\n(sec.109C-ssec.2) The contract must provide for the provision of the services on fair and reasonable terms.\n(sec.109C-ssec.3) The services are taken to be provided on fair and reasonable terms if the contract is consistent with relevant distribution network code provisions about minimum terms for the provision of customer connection services to small customers.\n(sec.109C-ssec.4) In this section— large customer , for premises, means a customer other than a small customer for the premises.","sortOrder":136},{"sectionNumber":"ch.2-pt.3-div.3","sectionType":"division","heading":"Changes to installations for covered gases","content":"## Changes to installations for covered gases","sortOrder":137},{"sectionNumber":"sec.110","sectionType":"section","heading":"Application of div 3","content":"### sec.110 Application of div 3\n\nThis division applies if the distributor provides customer connection services to a person’s premises.","sortOrder":138},{"sectionNumber":"sec.111","sectionType":"section","heading":"Obligation to give information to allow proposed changes","content":"### sec.111 Obligation to give information to allow proposed changes\n\nThe distributor must, if asked by the person, give the person reasonable information about the distributor’s requirements to allow the person to change or replace an installation for a covered gas at the premises.\ns 111 amd 2006 No. 60 s 94 ; 2023 No. 25 s 31 sch 1","sortOrder":139},{"sectionNumber":"sec.112","sectionType":"section","heading":"Applying to change connection","content":"### sec.112 Applying to change connection\n\nThe person may apply to the distributor to change the connection of an installation for a covered gas at the premises to the distributor’s distribution system.\nThe distributor must, subject to section 109 , make the change within a reasonable period and on fair and reasonable terms.\ns 112 amd 2006 No. 60 s 95 ; 2023 No. 25 s 31 sch 1\n(sec.112-ssec.1) The person may apply to the distributor to change the connection of an installation for a covered gas at the premises to the distributor’s distribution system.\n(sec.112-ssec.2) The distributor must, subject to section 109 , make the change within a reasonable period and on fair and reasonable terms.","sortOrder":140},{"sectionNumber":"ch.2-pt.3-div.4","sectionType":"division","heading":null,"content":"","sortOrder":141},{"sectionNumber":"sec.113","sectionType":"section","heading":null,"content":"### Section sec.113\n\ns 113 om 2006 No. 60 s 96","sortOrder":142},{"sectionNumber":"sec.114","sectionType":"section","heading":null,"content":"### Section sec.114\n\ns 114 om 2006 No. 60 s 96","sortOrder":143},{"sectionNumber":"sec.115","sectionType":"section","heading":null,"content":"### Section sec.115\n\ns 115 om 2006 No. 60 s 96","sortOrder":144},{"sectionNumber":"sec.116","sectionType":"section","heading":null,"content":"### Section sec.116\n\ns 116 om 2006 No. 60 s 96","sortOrder":145},{"sectionNumber":"sec.117","sectionType":"section","heading":null,"content":"### Section sec.117\n\ns 117 om 2006 No. 60 s 96","sortOrder":146},{"sectionNumber":"sec.118","sectionType":"section","heading":null,"content":"### Section sec.118\n\ns 118 om 2006 No. 60 s 96","sortOrder":147},{"sectionNumber":"sec.119","sectionType":"section","heading":null,"content":"### Section sec.119\n\ns 119 om 2006 No. 60 s 96","sortOrder":148},{"sectionNumber":"ch.2-pt.3-div.5","sectionType":"division","heading":null,"content":"","sortOrder":149},{"sectionNumber":"sec.120","sectionType":"section","heading":null,"content":"### Section sec.120\n\ns 120 amd 2004 No. 25 s 978\nom 2006 No. 60 s 96","sortOrder":150},{"sectionNumber":"sec.121","sectionType":"section","heading":null,"content":"### Section sec.121\n\ns 121 om 2006 No. 60 s 96","sortOrder":151},{"sectionNumber":"sec.122","sectionType":"section","heading":null,"content":"### Section sec.122\n\ns 122 om 2006 No. 60 s 96","sortOrder":152},{"sectionNumber":"sec.123","sectionType":"section","heading":null,"content":"### Section sec.123\n\ns 123 amd 2004 No. 25 s 979\nom 2006 No. 60 s 96","sortOrder":153},{"sectionNumber":"sec.124","sectionType":"section","heading":null,"content":"### Section sec.124\n\ns 124 om 2006 No. 60 s 96","sortOrder":154},{"sectionNumber":"ch.2-pt.4","sectionType":"part","heading":"Meter and control apparatus requirements","content":"# Meter and control apparatus requirements","sortOrder":155},{"sectionNumber":"sec.125","sectionType":"section","heading":"Operation of pt 4","content":"### sec.125 Operation of pt 4\n\nThis part imposes obligations for the provision of customer connection services to small customers.\ns 125 amd 2006 No. 60 s 97 ; 2014 No. 48 s 126\n(sec.125-ssec) This part imposes obligations for the provision of customer connection services to small customers.","sortOrder":156},{"sectionNumber":"sec.126","sectionType":"section","heading":"Distributor must provide meter","content":"### sec.126 Distributor must provide meter\n\nThe distributor must, unless the distributor and the customer otherwise agree, provide, install and maintain a meter used or to be used to measure or record a reticulated covered gas transported to the premises.\nMaximum penalty—20 penalty units.\nSubsection (1) is subject to section 131 .\ns 126 amd 2006 No. 60 s 98 ; 2023 No. 25 s 31 sch 1\n(sec.126-ssec.1) The distributor must, unless the distributor and the customer otherwise agree, provide, install and maintain a meter used or to be used to measure or record a reticulated covered gas transported to the premises. Maximum penalty—20 penalty units.\n(sec.126-ssec.2) Subsection (1) is subject to section 131 .","sortOrder":157},{"sectionNumber":"sec.127","sectionType":"section","heading":"Matters that may be considered for placement","content":"### sec.127 Matters that may be considered for placement\n\nIn deciding placement of a meter the distributor may consider—\nsafe access; and\naesthetics; and\nprotection against damage from—\nmechanisms; or\nvibration; or\nthe effects of weather; or\ncorrosive atmosphere.\n- (a) safe access; and\n- (b) aesthetics; and\n- (c) protection against damage from— (i) mechanisms; or (ii) vibration; or (iii) the effects of weather; or (iv) corrosive atmosphere.\n- (i) mechanisms; or\n- (ii) vibration; or\n- (iii) the effects of weather; or\n- (iv) corrosive atmosphere.\n- (i) mechanisms; or\n- (ii) vibration; or\n- (iii) the effects of weather; or\n- (iv) corrosive atmosphere.","sortOrder":158},{"sectionNumber":"sec.128","sectionType":"section","heading":"Placing meter on customer’s premises","content":"### sec.128 Placing meter on customer’s premises\n\nThe customer must, at the customer’s cost—\nprovide on the customer’s premises space, housing, mounting and connecting facilities for each meter; and\nmaintain the facilities in a safe and sound condition.\nThe facilities must be in a position that meets the distributor’s reasonable requirements.\n(sec.128-ssec.1) The customer must, at the customer’s cost— provide on the customer’s premises space, housing, mounting and connecting facilities for each meter; and maintain the facilities in a safe and sound condition.\n(sec.128-ssec.2) The facilities must be in a position that meets the distributor’s reasonable requirements.\n- (a) provide on the customer’s premises space, housing, mounting and connecting facilities for each meter; and\n- (b) maintain the facilities in a safe and sound condition.","sortOrder":159},{"sectionNumber":"sec.129","sectionType":"section","heading":"Change of meter placement","content":"### sec.129 Change of meter placement\n\nThis section applies if, because of building changes or similar works, the position of a meter no longer meets the distributor’s reasonable requirements for its placement.\nThe customer must provide space, housing, mounting and connecting facilities in another position on the customer’s premises that meets the requirements.\nIf the distributor relocates the meter to meet the requirements, the distributor may, by notice, require the customer to pay the distributor the amount of the distributor’s costs reasonably incurred in relocating the meter.\nIf the customer does not comply with the notice, the distributor may recover the amount from the customer as a debt.\n(sec.129-ssec.1) This section applies if, because of building changes or similar works, the position of a meter no longer meets the distributor’s reasonable requirements for its placement.\n(sec.129-ssec.2) The customer must provide space, housing, mounting and connecting facilities in another position on the customer’s premises that meets the requirements.\n(sec.129-ssec.3) If the distributor relocates the meter to meet the requirements, the distributor may, by notice, require the customer to pay the distributor the amount of the distributor’s costs reasonably incurred in relocating the meter.\n(sec.129-ssec.4) If the customer does not comply with the notice, the distributor may recover the amount from the customer as a debt.","sortOrder":160},{"sectionNumber":"sec.130","sectionType":"section","heading":"Customer must provide safe access","content":"### sec.130 Customer must provide safe access\n\nThe customer must not prevent the distributor’s distribution officers from safely exercising a power under section 138 .","sortOrder":161},{"sectionNumber":"sec.131","sectionType":"section","heading":"Alternative measurement","content":"### sec.131 Alternative measurement\n\nThis section applies if the distributor reasonably believes the customer has contravened section 130 by preventing any distribution officer of the distributor from safely reading or testing a meter connected to the distributor’s distribution pipeline or system.\nThe distributor may, by notice, require the customer to remedy the contravention within a stated period of at least 1 month.\nIf the customer does not comply with the notice, the distributor may install alternative metering or other equipment to measure or record a reticulated covered gas transported to the premises by remote or other suitable ways.\nSubsection (3) does not limit another remedy the distributor has against the customer.\nIf the distributor acts under subsection (3) , the distributor may, by notice, require the customer to pay the distributor the amount of the distributor’s costs reasonably incurred in taking the action.\nIf the customer does not comply with the notice, the distributor may recover the amount from the customer as a debt.\ns 131 amd 2006 No. 60 s 99 ; 2023 No. 25 s 31 sch 1\n(sec.131-ssec.1) This section applies if the distributor reasonably believes the customer has contravened section 130 by preventing any distribution officer of the distributor from safely reading or testing a meter connected to the distributor’s distribution pipeline or system.\n(sec.131-ssec.2) The distributor may, by notice, require the customer to remedy the contravention within a stated period of at least 1 month.\n(sec.131-ssec.3) If the customer does not comply with the notice, the distributor may install alternative metering or other equipment to measure or record a reticulated covered gas transported to the premises by remote or other suitable ways.\n(sec.131-ssec.4) Subsection (3) does not limit another remedy the distributor has against the customer.\n(sec.131-ssec.5) If the distributor acts under subsection (3) , the distributor may, by notice, require the customer to pay the distributor the amount of the distributor’s costs reasonably incurred in taking the action.\n(sec.131-ssec.6) If the customer does not comply with the notice, the distributor may recover the amount from the customer as a debt.","sortOrder":162},{"sectionNumber":"ch.2-pt.5","sectionType":"part","heading":"Distribution officers","content":"# Distribution officers","sortOrder":163},{"sectionNumber":"ch.2-pt.5-div.1A","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":164},{"sectionNumber":"sec.131A","sectionType":"section","heading":"References to distributor and covered gas in pt 5","content":"### sec.131A References to distributor and covered gas in pt 5\n\nIn this part—\na reference to a distributor includes a reference to an LPG distributor; and\na reference to a distributor’s distribution pipeline or system includes a reference to an LPG distributor’s LPG pipeline or LPG distribution system; and\na reference to covered gas transported through a distributor’s distribution pipeline or system includes, for an LPG distributor’s LPG pipeline or LPG distribution system, a reference to LPG transported through the pipeline or system.\ns 131A ins 2006 No. 60 s 100\namd 2023 No. 25 s 31 sch 1\n- (a) a reference to a distributor includes a reference to an LPG distributor; and\n- (b) a reference to a distributor’s distribution pipeline or system includes a reference to an LPG distributor’s LPG pipeline or LPG distribution system; and\n- (c) a reference to covered gas transported through a distributor’s distribution pipeline or system includes, for an LPG distributor’s LPG pipeline or LPG distribution system, a reference to LPG transported through the pipeline or system.","sortOrder":165},{"sectionNumber":"ch.2-pt.5-div.1","sectionType":"division","heading":"Appointment and functions","content":"## Appointment and functions","sortOrder":166},{"sectionNumber":"sec.132","sectionType":"section","heading":"Appointment","content":"### sec.132 Appointment\n\nA distributor may appoint distribution officers to perform the functions mentioned in section 133 .\nHowever, the distributor may appoint a person under subsection (1) only if the person is appropriately qualified for the appointment and has the necessary expertise or experience.\nSubject to subsection (2) , an officer of a retailer may be appointed as a distribution officer.\n(sec.132-ssec.1) A distributor may appoint distribution officers to perform the functions mentioned in section 133 .\n(sec.132-ssec.2) However, the distributor may appoint a person under subsection (1) only if the person is appropriately qualified for the appointment and has the necessary expertise or experience.\n(sec.132-ssec.3) Subject to subsection (2) , an officer of a retailer may be appointed as a distribution officer.","sortOrder":167},{"sectionNumber":"sec.133","sectionType":"section","heading":"Functions","content":"### sec.133 Functions\n\nA distribution officer’s functions are to—\ninstall and maintain the distributor’s gas infrastructure; and\nread or test meters connected to the distributor’s distribution pipeline or system; and\nensure the distributor’s gas infrastructure is safe; and\nprevent or deal with an emergency involving, or that may involve, a covered gas transported through the distributor’s distribution pipeline or system.\ns 133 amd 2006 No. 60 s 101 ; 2023 No. 25 s 31 sch 1\n- (a) install and maintain the distributor’s gas infrastructure; and\n- (b) read or test meters connected to the distributor’s distribution pipeline or system; and\n- (c) ensure the distributor’s gas infrastructure is safe; and\n- (d) prevent or deal with an emergency involving, or that may involve, a covered gas transported through the distributor’s distribution pipeline or system.","sortOrder":168},{"sectionNumber":"sec.134","sectionType":"section","heading":"Distribution officers are public officials for particular functions","content":"### sec.134 Distribution officers are public officials for particular functions\n\nA distribution officer is declared to be a public official for the Police Powers and Responsibilities Act 2000 if the officer is, or is proposing to, perform a function mentioned in section 133 (c) or (d) .\nSee the Police Powers and Responsibilities Act 2000 , chapter 1 , part 3 , division 2 .","sortOrder":169},{"sectionNumber":"sec.135","sectionType":"section","heading":"Issue of identity card","content":"### sec.135 Issue of identity card\n\nA distributor must issue an identity card to each of its distribution officers.\nThe identity card must—\ncontain a recent photo of the person; and\ncontain a copy of the person’s signature; and\nidentify the person as a distribution officer for the distributor; and\nstate an expiry date for the card.\n(sec.135-ssec.1) A distributor must issue an identity card to each of its distribution officers.\n(sec.135-ssec.2) The identity card must— contain a recent photo of the person; and contain a copy of the person’s signature; and identify the person as a distribution officer for the distributor; and state an expiry date for the card.\n- (a) contain a recent photo of the person; and\n- (b) contain a copy of the person’s signature; and\n- (c) identify the person as a distribution officer for the distributor; and\n- (d) state an expiry date for the card.","sortOrder":170},{"sectionNumber":"sec.136","sectionType":"section","heading":"Production or display of identity card","content":"### sec.136 Production or display of identity card\n\nIn exercising a power under division 2 in relation to another person, a distribution officer must—\nproduce his or her identity card for the person’s inspection before exercising the power; or\nhave the identity card displayed so it is clearly visible to the person when exercising the power.\nHowever, if it is not practicable to comply with subsection (1) , the officer must produce the identity card for the person’s inspection at the first reasonable opportunity.\n(sec.136-ssec.1) In exercising a power under division 2 in relation to another person, a distribution officer must— produce his or her identity card for the person’s inspection before exercising the power; or have the identity card displayed so it is clearly visible to the person when exercising the power.\n(sec.136-ssec.2) However, if it is not practicable to comply with subsection (1) , the officer must produce the identity card for the person’s inspection at the first reasonable opportunity.\n- (a) produce his or her identity card for the person’s inspection before exercising the power; or\n- (b) have the identity card displayed so it is clearly visible to the person when exercising the power.","sortOrder":171},{"sectionNumber":"sec.137","sectionType":"section","heading":"Return of identity card","content":"### sec.137 Return of identity card\n\nA person who ceases to be a distribution officer must return the person’s identity card to the distributor within 20 business days after ceasing to be a distribution officer, unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.","sortOrder":172},{"sectionNumber":"ch.2-pt.5-div.2","sectionType":"division","heading":"Powers of entry","content":"## Powers of entry","sortOrder":173},{"sectionNumber":"sec.138","sectionType":"section","heading":"Power to enter—general","content":"### sec.138 Power to enter—general\n\nA distribution officer may enter a place to—\ninstall, maintain or take away the distributor’s gas infrastructure; or\nread or test a meter connected to the distributor’s distribution pipeline or system.\nHowever, the officer can not under subsection (1) —\nenter a part of the place where a person resides; or\nenter the place between 5p.m. on any day and 8a.m. on the next day.\nThe power under subsection (1) may be exercised without the consent of, or notice to, the occupier of the place.\n(sec.138-ssec.1) A distribution officer may enter a place to— install, maintain or take away the distributor’s gas infrastructure; or read or test a meter connected to the distributor’s distribution pipeline or system.\n(sec.138-ssec.2) However, the officer can not under subsection (1) — enter a part of the place where a person resides; or enter the place between 5p.m. on any day and 8a.m. on the next day.\n(sec.138-ssec.3) The power under subsection (1) may be exercised without the consent of, or notice to, the occupier of the place.\n- (a) install, maintain or take away the distributor’s gas infrastructure; or\n- (b) read or test a meter connected to the distributor’s distribution pipeline or system.\n- (a) enter a part of the place where a person resides; or\n- (b) enter the place between 5p.m. on any day and 8a.m. on the next day.","sortOrder":174},{"sectionNumber":"sec.139","sectionType":"section","heading":"Power to enter to make gas infrastructure safe","content":"### sec.139 Power to enter to make gas infrastructure safe\n\nA distribution officer may enter a place to make the distributor’s gas infrastructure safe if the occupier of the place has been given at least 48 hours notice of the entry.\nHowever, the officer can not under subsection (1) —\nenter a part of the place where a person resides; or\nenter the place between 5p.m. on any day and 8a.m. on the next day.\nThe power under subsection (1) may be exercised without the occupier’s consent.\n(sec.139-ssec.1) A distribution officer may enter a place to make the distributor’s gas infrastructure safe if the occupier of the place has been given at least 48 hours notice of the entry.\n(sec.139-ssec.2) However, the officer can not under subsection (1) — enter a part of the place where a person resides; or enter the place between 5p.m. on any day and 8a.m. on the next day.\n(sec.139-ssec.3) The power under subsection (1) may be exercised without the occupier’s consent.\n- (a) enter a part of the place where a person resides; or\n- (b) enter the place between 5p.m. on any day and 8a.m. on the next day.","sortOrder":175},{"sectionNumber":"sec.140","sectionType":"section","heading":"Power to enter for emergency","content":"### sec.140 Power to enter for emergency\n\nA distribution officer may enter a place to prevent or deal with an emergency involving, or that may involve, a covered gas transported through the distributor’s distribution pipeline.\nThe power under subsection (1) may be exercised without the consent of, or notice to, the occupier of the place.\nHowever, if the occupier is present at the place, before entering the place, the officer must do, or make a reasonable attempt to do, the following things—\ncomply with section 136 for the occupier;\ntell the occupier the purpose of the entry;\nseek the consent of the occupier to the entry;\ntell the occupier the officer is permitted under this Act to enter the place without the occupier’s consent.\nAlso, if the occupier is not present at the place, the officer must take reasonable steps to advise the occupier of the officer’s intention to enter the place.\nSubsections (3) and (4) do not require the officer to take a step that the officer reasonably believes may frustrate or otherwise hinder the prevention or dealing with the emergency.\ns 140 amd 2006 No. 60 s 102 ; 2023 No. 25 s 31 sch 1\n(sec.140-ssec.1) A distribution officer may enter a place to prevent or deal with an emergency involving, or that may involve, a covered gas transported through the distributor’s distribution pipeline.\n(sec.140-ssec.2) The power under subsection (1) may be exercised without the consent of, or notice to, the occupier of the place.\n(sec.140-ssec.3) However, if the occupier is present at the place, before entering the place, the officer must do, or make a reasonable attempt to do, the following things— comply with section 136 for the occupier; tell the occupier the purpose of the entry; seek the consent of the occupier to the entry; tell the occupier the officer is permitted under this Act to enter the place without the occupier’s consent.\n(sec.140-ssec.4) Also, if the occupier is not present at the place, the officer must take reasonable steps to advise the occupier of the officer’s intention to enter the place.\n(sec.140-ssec.5) Subsections (3) and (4) do not require the officer to take a step that the officer reasonably believes may frustrate or otherwise hinder the prevention or dealing with the emergency.\n- (a) comply with section 136 for the occupier;\n- (b) tell the occupier the purpose of the entry;\n- (c) seek the consent of the occupier to the entry;\n- (d) tell the occupier the officer is permitted under this Act to enter the place without the occupier’s consent.","sortOrder":176},{"sectionNumber":"sec.141","sectionType":"section","heading":"Power to enter common property unaffected","content":"### sec.141 Power to enter common property unaffected\n\nThe powers under this division are in addition to and do not limit a distribution officer’s power, under the Body Corporate and Community Management Act 1997 , section 263 , to enter common property.\nHowever, if the entry is also authorised under this division, section 145 applies to the entry.\n(sec.141-ssec.1) The powers under this division are in addition to and do not limit a distribution officer’s power, under the Body Corporate and Community Management Act 1997 , section 263 , to enter common property.\n(sec.141-ssec.2) However, if the entry is also authorised under this division, section 145 applies to the entry.","sortOrder":177},{"sectionNumber":"ch.2-pt.5-div.3","sectionType":"division","heading":"Safeguards","content":"## Safeguards","sortOrder":178},{"sectionNumber":"sec.142","sectionType":"section","heading":"Duty to avoid damage","content":"### sec.142 Duty to avoid damage\n\nIn performing a function or exercising a power under this part, a distribution officer must take all reasonable steps to ensure the officer causes as little inconvenience, and does as little damage, as is practicable.","sortOrder":179},{"sectionNumber":"sec.143","sectionType":"section","heading":"Notice of damage","content":"### sec.143 Notice of damage\n\nThis section applies if a distribution officer damages something when performing a function or exercising a power under this part.\nHowever, this section does not apply to damage the officer reasonably considers is trivial or if the officer reasonably believes—\nthere is no-one apparently in possession of the thing; or\nthe thing has been abandoned.\nThe officer must promptly give notice of the damage to the person who appears to the officer to be the owner or person in possession of the thing.\nHowever, if for any reason it is not practicable to comply with subsection (3) , the officer must—\nleave the notice at the place where the damage happened; and\nensure it is left in a conspicuous position and in a reasonably secure way.\nThe officer may delay complying with subsection (3) or (4) if the officer is exercising a power under section 139 or 140 .\nHowever, the delay may be only for so long as it is reasonably necessary—\nfor section 139 —to make the gas infrastructure safe; or\nfor section 140 —to prevent or deal with the emergency.\n(sec.143-ssec.1) This section applies if a distribution officer damages something when performing a function or exercising a power under this part.\n(sec.143-ssec.2) However, this section does not apply to damage the officer reasonably considers is trivial or if the officer reasonably believes— there is no-one apparently in possession of the thing; or the thing has been abandoned.\n(sec.143-ssec.3) The officer must promptly give notice of the damage to the person who appears to the officer to be the owner or person in possession of the thing.\n(sec.143-ssec.4) However, if for any reason it is not practicable to comply with subsection (3) , the officer must— leave the notice at the place where the damage happened; and ensure it is left in a conspicuous position and in a reasonably secure way.\n(sec.143-ssec.5) The officer may delay complying with subsection (3) or (4) if the officer is exercising a power under section 139 or 140 .\n(sec.143-ssec.6) However, the delay may be only for so long as it is reasonably necessary— for section 139 —to make the gas infrastructure safe; or for section 140 —to prevent or deal with the emergency.\n- (a) there is no-one apparently in possession of the thing; or\n- (b) the thing has been abandoned.\n- (a) leave the notice at the place where the damage happened; and\n- (b) ensure it is left in a conspicuous position and in a reasonably secure way.\n- (a) for section 139 —to make the gas infrastructure safe; or\n- (b) for section 140 —to prevent or deal with the emergency.","sortOrder":180},{"sectionNumber":"sec.144","sectionType":"section","heading":"Content of notice of damage","content":"### sec.144 Content of notice of damage\n\nA notice of damage under section 143 must state—\nparticulars of the damage; and\nthat the person who suffered the damage may claim compensation under section 145 .\nIf the distribution officer believes the damage was caused by a latent defect in the thing or circumstances beyond the officer’s control, the officer may state the belief in the notice.\n(sec.144-ssec.1) A notice of damage under section 143 must state— particulars of the damage; and that the person who suffered the damage may claim compensation under section 145 .\n(sec.144-ssec.2) If the distribution officer believes the damage was caused by a latent defect in the thing or circumstances beyond the officer’s control, the officer may state the belief in the notice.\n- (a) particulars of the damage; and\n- (b) that the person who suffered the damage may claim compensation under section 145 .","sortOrder":181},{"sectionNumber":"sec.145","sectionType":"section","heading":"Compensation from distributor to owner or occupier","content":"### sec.145 Compensation from distributor to owner or occupier\n\nThis section applies if an owner or occupier of land (the claimant ) suffers a cost, damage or loss because of performance, or purported performance or the exercise, or purported exercise, of a function or power under this part by a distribution officer.\nCompensation for the cost, damage or loss is payable by the distributor to the claimant.\nThe compensation may be claimed and ordered in a proceeding brought in a court of competent jurisdiction.\n(sec.145-ssec.1) This section applies if an owner or occupier of land (the claimant ) suffers a cost, damage or loss because of performance, or purported performance or the exercise, or purported exercise, of a function or power under this part by a distribution officer.\n(sec.145-ssec.2) Compensation for the cost, damage or loss is payable by the distributor to the claimant.\n(sec.145-ssec.3) The compensation may be claimed and ordered in a proceeding brought in a court of competent jurisdiction.","sortOrder":182},{"sectionNumber":"ch.2-pt.6","sectionType":"part","heading":null,"content":"","sortOrder":183},{"sectionNumber":"sec.146","sectionType":"section","heading":null,"content":"### Section sec.146\n\ns 146 om 2006 No. 60 s 103","sortOrder":184},{"sectionNumber":"sec.147","sectionType":"section","heading":null,"content":"### Section sec.147\n\ns 147 om 2006 No. 60 s 103","sortOrder":185},{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":"Retailers and particular exempt sellers","content":"# Retailers and particular exempt sellers","sortOrder":186},{"sectionNumber":"sec.148","sectionType":"section","heading":null,"content":"### Section sec.148\n\ns 148 amd 2006 No. 60 s 105\nom 2014 No. 48 s 128","sortOrder":187},{"sectionNumber":"sec.149","sectionType":"section","heading":null,"content":"### Section sec.149\n\ns 149 amd 2005 No. 51 s 27\nom 2014 No. 48 s 128","sortOrder":188},{"sectionNumber":"sec.150","sectionType":"section","heading":null,"content":"### Section sec.150\n\ns 150 amd 2005 No. 51 s 28 ; 2009 No. 13 s 213 sch 5\nom 2014 No. 48 s 128","sortOrder":189},{"sectionNumber":"sec.151","sectionType":"section","heading":null,"content":"### Section sec.151\n\ns 151 om 2014 No. 48 s 128","sortOrder":190},{"sectionNumber":"sec.152","sectionType":"section","heading":null,"content":"### Section sec.152\n\ns 152 om 2014 No. 48 s 128","sortOrder":191},{"sectionNumber":"sec.153","sectionType":"section","heading":null,"content":"### Section sec.153\n\ns 153 om 2005 No. 51 s 29","sortOrder":192},{"sectionNumber":"sec.154","sectionType":"section","heading":null,"content":"### Section sec.154\n\ns 154 amd 2005 No. 51 s 30\nom 2014 No. 48 s 128","sortOrder":193},{"sectionNumber":"sec.155","sectionType":"section","heading":null,"content":"### Section sec.155\n\ns 155 om 2014 No. 48 s 128","sortOrder":194},{"sectionNumber":"sec.156","sectionType":"section","heading":null,"content":"### Section sec.156\n\ns 156 om 2014 No. 48 s 128","sortOrder":195},{"sectionNumber":"sec.157","sectionType":"section","heading":null,"content":"### Section sec.157\n\ns 157 amd 2005 No. 51 s 31\nom 2014 No. 48 s 128","sortOrder":196},{"sectionNumber":"sec.158","sectionType":"section","heading":null,"content":"### Section sec.158\n\ns 158 om 2014 No. 48 s 128","sortOrder":197},{"sectionNumber":"sec.159","sectionType":"section","heading":null,"content":"### Section sec.159\n\ns 159 amd 2005 No. 51 s 32 ; 2006 No. 60 s 58 sch\nom 2014 No. 48 s 129","sortOrder":198},{"sectionNumber":"sec.160","sectionType":"section","heading":null,"content":"### Section sec.160\n\ns 160 sub 2006 No. 60 s 106\nom 2014 No. 48 s 129","sortOrder":199},{"sectionNumber":"sec.161","sectionType":"section","heading":null,"content":"### Section sec.161\n\ns 161 om 2006 No. 60 s 106","sortOrder":200},{"sectionNumber":"sec.162","sectionType":"section","heading":null,"content":"### Section sec.162\n\ns 162 om 2006 No. 60 s 106","sortOrder":201},{"sectionNumber":"sec.163","sectionType":"section","heading":null,"content":"### Section sec.163\n\ns 163 om 2006 No. 60 s 106","sortOrder":202},{"sectionNumber":"sec.164","sectionType":"section","heading":null,"content":"### Section sec.164\n\ns 164 om 2006 No. 60 s 106","sortOrder":203},{"sectionNumber":"sec.165","sectionType":"section","heading":null,"content":"### Section sec.165\n\ns 165 om 2006 No. 60 s 106","sortOrder":204},{"sectionNumber":"sec.166","sectionType":"section","heading":null,"content":"### Section sec.166\n\ns 166 amd 2004 No. 25 s 980\nom 2014 No. 48 s 129","sortOrder":205},{"sectionNumber":"sec.167","sectionType":"section","heading":null,"content":"### Section sec.167\n\ns 167 amd 2005 No. 51 s 33 ; 2006 No. 60 s 107\nom 2014 No. 48 s 129","sortOrder":206},{"sectionNumber":"sec.168","sectionType":"section","heading":null,"content":"### Section sec.168\n\ns 168 om 2014 No. 48 s 129","sortOrder":207},{"sectionNumber":"sec.169","sectionType":"section","heading":null,"content":"### Section sec.169\n\ns 169 amd 2006 No. 60 s 108 (amd 2007 No. 17 s 45 )\nom 2014 No. 48 s 129","sortOrder":208},{"sectionNumber":"sec.170","sectionType":"section","heading":null,"content":"### Section sec.170\n\ns 170 orig s 170 om 2005 No. 51 s 34\nprev s 170 ins 2006 No. 60 s 109 (amd 2007 No. 17 s 46 )\nom 2014 No. 48 s 129","sortOrder":209},{"sectionNumber":"sec.171","sectionType":"section","heading":null,"content":"### Section sec.171\n\ns 171 amd 2006 No. 60 s 110\nom 2014 No. 48 s 129","sortOrder":210},{"sectionNumber":"sec.172","sectionType":"section","heading":null,"content":"### Section sec.172\n\ns 172 om 2006 No. 60 s 111","sortOrder":211},{"sectionNumber":"sec.173","sectionType":"section","heading":null,"content":"### Section sec.173\n\ns 173 om 2014 No. 48 s 129","sortOrder":212},{"sectionNumber":"sec.174","sectionType":"section","heading":null,"content":"### Section sec.174\n\ns 174 om 2014 No. 48 s 129","sortOrder":213},{"sectionNumber":"sec.174A","sectionType":"section","heading":null,"content":"### Section sec.174A\n\ns 174A ins 2006 No. 60 s 112\nom 2014 No. 48 s 129","sortOrder":214},{"sectionNumber":"sec.174B","sectionType":"section","heading":null,"content":"### Section sec.174B\n\ns 174B ins 2006 No. 60 s 112\namd 2010 No. 53 s 258 sch 2\nom 2014 No. 48 s 129","sortOrder":215},{"sectionNumber":"sec.175","sectionType":"section","heading":null,"content":"### Section sec.175\n\ns 175 om 2014 No. 48 s 129","sortOrder":216},{"sectionNumber":"sec.175A","sectionType":"section","heading":"Retailer or particular exempt sellers must enter into community services agreement","content":"### sec.175A Retailer or particular exempt sellers must enter into community services agreement\n\nA retailer must not provide customer retail services unless—\nthe retailer—\nenters into an agreement with the State to provide, for at least 5 years, the community services agreed between the State and the retailer; and\ncomplies with the agreement; or\nif no agreement is entered into with the State under paragraph (a) (i) , the retailer—\nprovides the community services decided by the Minister; and\ncomplies with any conditions included in the Minister’s decision about the provision of the services.\nMaximum penalty—1333 penalty units.\nIn making a decision under subsection (1) (b) , the Minister must have regard to the retailer’s reasonable administration costs and other risks in providing the community services.\nIn this section—\nretailer includes each of the following councils if the council is taken under the National Energy Retail Regulations (Queensland), section 14 as an exempt seller holding an individual exemption under the NERL (Qld), part 5 , division 6 —\nthe Maranoa Regional Council;\nthe Western Downs Regional Council.\ns 175A ins 2008 No. 11 s 4\namd 2014 No. 48 s 130\n(sec.175A-ssec.1) A retailer must not provide customer retail services unless— the retailer— enters into an agreement with the State to provide, for at least 5 years, the community services agreed between the State and the retailer; and complies with the agreement; or if no agreement is entered into with the State under paragraph (a) (i) , the retailer— provides the community services decided by the Minister; and complies with any conditions included in the Minister’s decision about the provision of the services. Maximum penalty—1333 penalty units.\n(sec.175A-ssec.2) In making a decision under subsection (1) (b) , the Minister must have regard to the retailer’s reasonable administration costs and other risks in providing the community services.\n(sec.175A-ssec.3) In this section— retailer includes each of the following councils if the council is taken under the National Energy Retail Regulations (Queensland), section 14 as an exempt seller holding an individual exemption under the NERL (Qld), part 5 , division 6 — the Maranoa Regional Council; the Western Downs Regional Council.\n- (a) the retailer— (i) enters into an agreement with the State to provide, for at least 5 years, the community services agreed between the State and the retailer; and (ii) complies with the agreement; or\n- (i) enters into an agreement with the State to provide, for at least 5 years, the community services agreed between the State and the retailer; and\n- (ii) complies with the agreement; or\n- (b) if no agreement is entered into with the State under paragraph (a) (i) , the retailer— (i) provides the community services decided by the Minister; and (ii) complies with any conditions included in the Minister’s decision about the provision of the services.\n- (i) provides the community services decided by the Minister; and\n- (ii) complies with any conditions included in the Minister’s decision about the provision of the services.\n- (i) enters into an agreement with the State to provide, for at least 5 years, the community services agreed between the State and the retailer; and\n- (ii) complies with the agreement; or\n- (i) provides the community services decided by the Minister; and\n- (ii) complies with any conditions included in the Minister’s decision about the provision of the services.\n- (a) the Maranoa Regional Council;\n- (b) the Western Downs Regional Council.","sortOrder":217},{"sectionNumber":"sec.176","sectionType":"section","heading":null,"content":"### Section sec.176\n\ns 176 om 2014 No. 48 s 131","sortOrder":218},{"sectionNumber":"sec.177","sectionType":"section","heading":null,"content":"### Section sec.177\n\ns 177 om 2014 No. 48 s 131","sortOrder":219},{"sectionNumber":"sec.178","sectionType":"section","heading":null,"content":"### Section sec.178\n\ns 178 om 2014 No. 48 s 131","sortOrder":220},{"sectionNumber":"sec.179","sectionType":"section","heading":null,"content":"### Section sec.179\n\ns 179 om 2014 No. 48 s 131","sortOrder":221},{"sectionNumber":"sec.180","sectionType":"section","heading":null,"content":"### Section sec.180\n\ns 180 om 2014 No. 48 s 131","sortOrder":222},{"sectionNumber":"sec.181","sectionType":"section","heading":null,"content":"### Section sec.181\n\ns 181 amd 2004 No. 25 s 981 ; 2006 No. 60 s 113 ; 2009 No. 16 s 38\nom 2014 No. 48 s 131","sortOrder":223},{"sectionNumber":"sec.182","sectionType":"section","heading":null,"content":"### Section sec.182\n\ns 182 om 2014 No. 48 s 131","sortOrder":224},{"sectionNumber":"sec.183","sectionType":"section","heading":null,"content":"### Section sec.183\n\ns 183 om 2014 No. 48 s 131","sortOrder":225},{"sectionNumber":"sec.184","sectionType":"section","heading":null,"content":"### Section sec.184\n\ns 184 om 2014 No. 48 s 131","sortOrder":226},{"sectionNumber":"sec.185","sectionType":"section","heading":null,"content":"### Section sec.185\n\ns 185 om 2014 No. 48 s 131","sortOrder":227},{"sectionNumber":"sec.186","sectionType":"section","heading":null,"content":"### Section sec.186\n\ns 186 om 2014 No. 48 s 131","sortOrder":228},{"sectionNumber":"sec.187","sectionType":"section","heading":null,"content":"### Section sec.187\n\ns 187 om 2014 No. 48 s 131","sortOrder":229},{"sectionNumber":"sec.188","sectionType":"section","heading":null,"content":"### Section sec.188\n\ns 188 amd 2005 No. 51 s 35\nom 2014 No. 48 s 131","sortOrder":230},{"sectionNumber":"sec.189","sectionType":"section","heading":null,"content":"### Section sec.189\n\ns 189 om 2014 No. 48 s 131","sortOrder":231},{"sectionNumber":"sec.190","sectionType":"section","heading":null,"content":"### Section sec.190\n\ns 190 om 2014 No. 48 s 131","sortOrder":232},{"sectionNumber":"sec.191","sectionType":"section","heading":null,"content":"### Section sec.191\n\ns 191 om 2014 No. 48 s 131","sortOrder":233},{"sectionNumber":"sec.192","sectionType":"section","heading":null,"content":"### Section sec.192\n\ns 192 om 2014 No. 48 s 131","sortOrder":234},{"sectionNumber":"sec.193","sectionType":"section","heading":null,"content":"### Section sec.193\n\ns 193 om 2014 No. 48 s 131","sortOrder":235},{"sectionNumber":"sec.194","sectionType":"section","heading":null,"content":"### Section sec.194\n\ns 194 om 2014 No. 48 s 131","sortOrder":236},{"sectionNumber":"sec.195","sectionType":"section","heading":null,"content":"### Section sec.195\n\ns 195 om 2014 No. 48 s 131","sortOrder":237},{"sectionNumber":"sec.196","sectionType":"section","heading":null,"content":"### Section sec.196\n\ns 196 om 2014 No. 48 s 131","sortOrder":238},{"sectionNumber":"sec.197","sectionType":"section","heading":null,"content":"### Section sec.197\n\ns 197 om 2014 No. 48 s 131","sortOrder":239},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":null,"content":"","sortOrder":240},{"sectionNumber":"ch.3-pt.2-div.1","sectionType":"division","heading":null,"content":"","sortOrder":241},{"sectionNumber":"sec.198","sectionType":"section","heading":null,"content":"### Section sec.198\n\ns 198 sub 2006 No. 60 s 114\nom 2014 No. 48 s 131","sortOrder":242},{"sectionNumber":"sec.199","sectionType":"section","heading":null,"content":"### Section sec.199\n\ns 199 sub 2006 No. 60 s 114 (amd 2007 No. 17 s 47 )\nom 2014 No. 48 s 131","sortOrder":243},{"sectionNumber":"sec.200","sectionType":"section","heading":null,"content":"### Section sec.200\n\ns 200 sub 2006 No. 60 s 114\nom 2014 No. 48 s 131","sortOrder":244},{"sectionNumber":"sec.201","sectionType":"section","heading":null,"content":"### Section sec.201\n\ns 201 sub 2006 No. 60 s 114\nom 2014 No. 48 s 131","sortOrder":245},{"sectionNumber":"sec.202","sectionType":"section","heading":null,"content":"### Section sec.202\n\ns 202 sub 2006 No. 60 s 114\nom 2014 No. 48 s 131","sortOrder":246},{"sectionNumber":"sec.203","sectionType":"section","heading":null,"content":"### Section sec.203\n\ns 203 sub 2006 No. 60 s 114\nom 2014 No. 48 s 131","sortOrder":247},{"sectionNumber":"ch.3-pt.2-div.2","sectionType":"division","heading":null,"content":"","sortOrder":248},{"sectionNumber":"sec.204","sectionType":"section","heading":null,"content":"### Section sec.204\n\ns 204 sub 2006 No. 60 s 114\namd 2009 No. 16 s 39\nom 2014 No. 48 s 131","sortOrder":249},{"sectionNumber":"sec.205","sectionType":"section","heading":null,"content":"### Section sec.205\n\ns 205 sub 2006 No. 60 s 114\nom 2014 No. 48 s 131","sortOrder":250},{"sectionNumber":"sec.206","sectionType":"section","heading":null,"content":"### Section sec.206\n\ns 206 sub 2006 No. 60 s 114\nom 2014 No. 48 s 131","sortOrder":251},{"sectionNumber":"sec.207","sectionType":"section","heading":null,"content":"### Section sec.207\n\ns 207 sub 2006 No. 60 s 114\namd 2009 No. 16 s 40\nom 2014 No. 48 s 131","sortOrder":252},{"sectionNumber":"ch.3-pt.2-div.3","sectionType":"division","heading":null,"content":"","sortOrder":253},{"sectionNumber":"sec.208","sectionType":"section","heading":null,"content":"### Section sec.208\n\ns 208 sub 2006 No. 60 s 114\nom 2014 No. 48 s 131","sortOrder":254},{"sectionNumber":"sec.209","sectionType":"section","heading":null,"content":"### Section sec.209\n\ns 209 sub 2006 No. 60 s 114\nom 2014 No. 48 s 131","sortOrder":255},{"sectionNumber":"sec.210","sectionType":"section","heading":null,"content":"### Section sec.210\n\ns 210 sub 2006 No. 60 s 114\nom 2014 No. 48 s 131","sortOrder":256},{"sectionNumber":"sec.211","sectionType":"section","heading":null,"content":"### Section sec.211\n\ns 211 om 2006 No. 60 s 114","sortOrder":257},{"sectionNumber":"sec.212","sectionType":"section","heading":null,"content":"### Section sec.212\n\ns 212 om 2006 No. 60 s 114","sortOrder":258},{"sectionNumber":"ch.3-pt.3","sectionType":"part","heading":"On-supply","content":"# On-supply","sortOrder":259},{"sectionNumber":"sec.213","sectionType":"section","heading":"On-suppliers and their receivers","content":"### sec.213 On-suppliers and their receivers\n\nAn on-supplier is a person who—\nis the owner or occupier of premises or has the right to use premises; and\nan owner, occupier or a person who has a right to use a caravan park, exhibition centre, hostel, hotel, industrial park, lodging house, marina, market arcade, motel or shopping centre\nsupplies, by reticulation, a covered gas for use in the premises.\nAn on-supplier also includes a body corporate or body corporate manager under a body corporate Act who supplies, or authorises someone else to supply, by reticulation, a covered gas to—\nmembers of the body corporate; or\npersons who occupy the premises that make up the body corporate.\nThe premises for which a person is an on-supplier is called the on-supplier’s premises.\nA receiver is a person who owns, occupies or has the right to use an on-supplier’s premises and to whom the on-supplier supplies a covered gas, by reticulation.\ns 213 amd 2006 No. 60 s 115 ; 2023 No. 25 s 31 sch 1\n(sec.213-ssec.1) An on-supplier is a person who— is the owner or occupier of premises or has the right to use premises; and an owner, occupier or a person who has a right to use a caravan park, exhibition centre, hostel, hotel, industrial park, lodging house, marina, market arcade, motel or shopping centre supplies, by reticulation, a covered gas for use in the premises.\n(sec.213-ssec.2) An on-supplier also includes a body corporate or body corporate manager under a body corporate Act who supplies, or authorises someone else to supply, by reticulation, a covered gas to— members of the body corporate; or persons who occupy the premises that make up the body corporate.\n(sec.213-ssec.3) The premises for which a person is an on-supplier is called the on-supplier’s premises.\n(sec.213-ssec.4) A receiver is a person who owns, occupies or has the right to use an on-supplier’s premises and to whom the on-supplier supplies a covered gas, by reticulation.\n- (a) is the owner or occupier of premises or has the right to use premises; and Example— an owner, occupier or a person who has a right to use a caravan park, exhibition centre, hostel, hotel, industrial park, lodging house, marina, market arcade, motel or shopping centre\n- (b) supplies, by reticulation, a covered gas for use in the premises.\n- (a) members of the body corporate; or\n- (b) persons who occupy the premises that make up the body corporate.","sortOrder":260},{"sectionNumber":"sec.214","sectionType":"section","heading":null,"content":"### Section sec.214\n\ns 214 amd 2006 No. 60 s 116\nom 2014 No. 48 s 134","sortOrder":261},{"sectionNumber":"sec.215","sectionType":"section","heading":null,"content":"### Section sec.215\n\ns 215 om 2014 No. 48 s 134","sortOrder":262},{"sectionNumber":"sec.216","sectionType":"section","heading":null,"content":"### Section sec.216\n\ns 216 om 2006 No. 60 s 117","sortOrder":263},{"sectionNumber":"sec.217","sectionType":"section","heading":null,"content":"### Section sec.217\n\ns 217 amd 2006 No. 60 s 118\nom 2014 No. 48 s 135","sortOrder":264},{"sectionNumber":"sec.218","sectionType":"section","heading":null,"content":"### Section sec.218\n\ns 218 om 2014 No. 48 s 135","sortOrder":265},{"sectionNumber":"sec.219","sectionType":"section","heading":null,"content":"### Section sec.219\n\ns 219 om 2014 No. 48 s 135","sortOrder":266},{"sectionNumber":"sec.220","sectionType":"section","heading":null,"content":"### Section sec.220\n\ns 220 om 2014 No. 48 s 135","sortOrder":267},{"sectionNumber":"sec.221","sectionType":"section","heading":null,"content":"### Section sec.221\n\ns 221 om 2014 No. 48 s 135","sortOrder":268},{"sectionNumber":"sec.222","sectionType":"section","heading":"Individual metering option","content":"### sec.222 Individual metering option\n\nThis section applies if an on-supply agreement for the supply of a covered gas from an on-supplier to a receiver is in force.\nThe receiver may, at any time—\nelect, by notice to the on-supplier, to be charged on the basis of the receiver’s consumption of the covered gas supplied from the on-supplier, as measured by a meter; and\ninstall the meter, at the receiver’s expense.\nHowever, the election has effect only if the installation—\ncomplies with the Petroleum and Gas (Production and Safety) Act and any other relevant Act; and\nis done in a way—\nthat complies with any reasonable written directions the on-supplier gives the receiver within 5 business days after the giving of the notice; or\nif no written directions are given within the 5 business days—that is reasonable.\nIn deciding what is reasonable for subsection (3) , regard must be had to the interests of the on-supplier and anyone who is an occupier of the on-supplier’s premises.\ns 222 amd 2023 No. 25 s 31 sch 1\n(sec.222-ssec.1) This section applies if an on-supply agreement for the supply of a covered gas from an on-supplier to a receiver is in force.\n(sec.222-ssec.2) The receiver may, at any time— elect, by notice to the on-supplier, to be charged on the basis of the receiver’s consumption of the covered gas supplied from the on-supplier, as measured by a meter; and install the meter, at the receiver’s expense.\n(sec.222-ssec.3) However, the election has effect only if the installation— complies with the Petroleum and Gas (Production and Safety) Act and any other relevant Act; and is done in a way— that complies with any reasonable written directions the on-supplier gives the receiver within 5 business days after the giving of the notice; or if no written directions are given within the 5 business days—that is reasonable.\n(sec.222-ssec.4) In deciding what is reasonable for subsection (3) , regard must be had to the interests of the on-supplier and anyone who is an occupier of the on-supplier’s premises.\n- (a) elect, by notice to the on-supplier, to be charged on the basis of the receiver’s consumption of the covered gas supplied from the on-supplier, as measured by a meter; and\n- (b) install the meter, at the receiver’s expense.\n- (a) complies with the Petroleum and Gas (Production and Safety) Act and any other relevant Act; and\n- (b) is done in a way— (i) that complies with any reasonable written directions the on-supplier gives the receiver within 5 business days after the giving of the notice; or (ii) if no written directions are given within the 5 business days—that is reasonable.\n- (i) that complies with any reasonable written directions the on-supplier gives the receiver within 5 business days after the giving of the notice; or\n- (ii) if no written directions are given within the 5 business days—that is reasonable.\n- (i) that complies with any reasonable written directions the on-supplier gives the receiver within 5 business days after the giving of the notice; or\n- (ii) if no written directions are given within the 5 business days—that is reasonable.","sortOrder":269},{"sectionNumber":"sec.223","sectionType":"section","heading":"Compensation for installation damage","content":"### sec.223 Compensation for installation damage\n\nThis section applies if—\na receiver has, under section 222 , given an on-supplier a notice of election; and\nthe receiver installs a meter for the covered gas supplied from the on-supplier to the receiver; and\neither—\nno written direction was given by the on-supplier under section 222 (3) (b) ; or\nthe installation was done in a way that does not comply with the on-supplier’s reasonable written directions under that section; or\nthe installation was not done in a way that is reasonable; and\na person as follows (the claimant) suffers damage to property because of the installation—\nthe on-supplier;\nanyone who is an occupier of the on-supplier’s premises.\nCompensation for the damage is payable by the receiver to the claimant.\nThe compensation may be claimed and recovered in a proceeding brought in a court of competent jurisdiction.\nIn making the order the court must have regard to—\nwhether it was reasonable for the claimant to give the receiver an opportunity to fix the damage; and\nif paragraph (a) applies—whether the receiver was given a reasonable period to fix the damage.\ns 223 amd 2023 No. 25 s 31 sch 1\n(sec.223-ssec.1) This section applies if— a receiver has, under section 222 , given an on-supplier a notice of election; and the receiver installs a meter for the covered gas supplied from the on-supplier to the receiver; and either— no written direction was given by the on-supplier under section 222 (3) (b) ; or the installation was done in a way that does not comply with the on-supplier’s reasonable written directions under that section; or the installation was not done in a way that is reasonable; and a person as follows (the claimant) suffers damage to property because of the installation— the on-supplier; anyone who is an occupier of the on-supplier’s premises.\n(sec.223-ssec.2) Compensation for the damage is payable by the receiver to the claimant.\n(sec.223-ssec.3) The compensation may be claimed and recovered in a proceeding brought in a court of competent jurisdiction.\n(sec.223-ssec.4) In making the order the court must have regard to— whether it was reasonable for the claimant to give the receiver an opportunity to fix the damage; and if paragraph (a) applies—whether the receiver was given a reasonable period to fix the damage.\n- (a) a receiver has, under section 222 , given an on-supplier a notice of election; and\n- (b) the receiver installs a meter for the covered gas supplied from the on-supplier to the receiver; and\n- (c) either— (i) no written direction was given by the on-supplier under section 222 (3) (b) ; or (ii) the installation was done in a way that does not comply with the on-supplier’s reasonable written directions under that section; or (iii) the installation was not done in a way that is reasonable; and\n- (i) no written direction was given by the on-supplier under section 222 (3) (b) ; or\n- (ii) the installation was done in a way that does not comply with the on-supplier’s reasonable written directions under that section; or\n- (iii) the installation was not done in a way that is reasonable; and\n- (d) a person as follows (the claimant) suffers damage to property because of the installation— (i) the on-supplier; (ii) anyone who is an occupier of the on-supplier’s premises.\n- (i) the on-supplier;\n- (ii) anyone who is an occupier of the on-supplier’s premises.\n- (i) no written direction was given by the on-supplier under section 222 (3) (b) ; or\n- (ii) the installation was done in a way that does not comply with the on-supplier’s reasonable written directions under that section; or\n- (iii) the installation was not done in a way that is reasonable; and\n- (i) the on-supplier;\n- (ii) anyone who is an occupier of the on-supplier’s premises.\n- (a) whether it was reasonable for the claimant to give the receiver an opportunity to fix the damage; and\n- (b) if paragraph (a) applies—whether the receiver was given a reasonable period to fix the damage.","sortOrder":270},{"sectionNumber":"sec.224","sectionType":"section","heading":null,"content":"### Section sec.224\n\ns 224 om 2014 No. 48 s 138","sortOrder":271},{"sectionNumber":"sec.225","sectionType":"section","heading":null,"content":"### Section sec.225\n\ns 225 om 2014 No. 48 s 138","sortOrder":272},{"sectionNumber":"sec.226","sectionType":"section","heading":null,"content":"### Section sec.226\n\ns 226 om 2014 No. 48 s 138","sortOrder":273},{"sectionNumber":"sec.227","sectionType":"section","heading":null,"content":"### Section sec.227\n\ns 227 amd 2006 No. 9 s 25 ; 2013 No. 39 s 43 sch 1\nom 2014 No. 48 s 138","sortOrder":274},{"sectionNumber":"ch.3-pt.4","sectionType":"part","heading":"Pricing","content":"# Pricing","sortOrder":275},{"sectionNumber":"ch.3-pt.4-div.1","sectionType":"division","heading":"QCA investigation","content":"## QCA investigation","sortOrder":276},{"sectionNumber":"sec.227A","sectionType":"section","heading":"Direction by Minister to investigate effectiveness of retail competition","content":"### sec.227A Direction by Minister to investigate effectiveness of retail competition\n\nThe Minister may, by gazette notice, give QCA a written direction to—\ninvestigate (the pricing investigation ) the effectiveness of retail competition in the Queensland retail gas market; and\ngive the Minister a report on the pricing investigation within a stated period.\nQCA must comply with the direction.\nQCA must publish the direction on its website.\ns 227A ins 2006 No. 60 s 121\n(sec.227A-ssec.1) The Minister may, by gazette notice, give QCA a written direction to— investigate (the pricing investigation ) the effectiveness of retail competition in the Queensland retail gas market; and give the Minister a report on the pricing investigation within a stated period.\n(sec.227A-ssec.2) QCA must comply with the direction.\n(sec.227A-ssec.3) QCA must publish the direction on its website.\n- (a) investigate (the pricing investigation ) the effectiveness of retail competition in the Queensland retail gas market; and\n- (b) give the Minister a report on the pricing investigation within a stated period.","sortOrder":277},{"sectionNumber":"sec.227B","sectionType":"section","heading":"Period for giving report","content":"### sec.227B Period for giving report\n\nQCA must give the Minister the report within—\nthe period stated in the direction; or\nif no period is stated in the direction—6 months after it receives the direction.\ns 227B ins 2006 No. 60 s 121\n- (a) the period stated in the direction; or\n- (b) if no period is stated in the direction—6 months after it receives the direction.","sortOrder":278},{"sectionNumber":"sec.227C","sectionType":"section","heading":"Terms of reference","content":"### sec.227C Terms of reference\n\nThe direction may do all or any of the following—\nstate the terms of reference of the pricing investigation;\nrequire QCA to, during the pricing investigation, make a draft report publicly available or available to a stated entity;\nrequire QCA to, in conducting the pricing investigation—\nconsider stated matters; and\nhave stated objectives;\ngive QCA other directions the Minister considers appropriate.\ns 227C ins 2006 No. 60 s 121\n- (a) state the terms of reference of the pricing investigation;\n- (b) require QCA to, during the pricing investigation, make a draft report publicly available or available to a stated entity;\n- (c) require QCA to, in conducting the pricing investigation— (i) consider stated matters; and (ii) have stated objectives;\n- (i) consider stated matters; and\n- (ii) have stated objectives;\n- (d) give QCA other directions the Minister considers appropriate.\n- (i) consider stated matters; and\n- (ii) have stated objectives;","sortOrder":279},{"sectionNumber":"sec.227D","sectionType":"section","heading":"Notice of pricing investigation or amended term of reference or direction","content":"### sec.227D Notice of pricing investigation or amended term of reference or direction\n\nQCA must publish a notice of the following on its website and in a Statewide newspaper—\nthe pricing investigation;\nif a term of reference or direction relating to the pricing investigation is amended—the amended term of reference or direction.\ns 227D ins 2006 No. 60 s 121\n- (a) the pricing investigation;\n- (b) if a term of reference or direction relating to the pricing investigation is amended—the amended term of reference or direction.","sortOrder":280},{"sectionNumber":"sec.227E","sectionType":"section","heading":"Conduct of pricing investigation","content":"### sec.227E Conduct of pricing investigation\n\nThe QCA Act, part 6 , other than section 171 , (the applied part ) applies for the pricing investigation—\nas if a reference in the applied part to an investigation were a reference to the pricing investigation; and\nas if the QCA Act, section 176 (3) , required the notice mentioned in that subsection to be given to any entity that QCA knows would be potentially affected by the review.\nHowever, the applied part applies subject to any requirement or direction of the Minister.\ns 227E ins 2006 No. 60 s 121\n(sec.227E-ssec.1) The QCA Act, part 6 , other than section 171 , (the applied part ) applies for the pricing investigation— as if a reference in the applied part to an investigation were a reference to the pricing investigation; and as if the QCA Act, section 176 (3) , required the notice mentioned in that subsection to be given to any entity that QCA knows would be potentially affected by the review.\n(sec.227E-ssec.2) However, the applied part applies subject to any requirement or direction of the Minister.\n- (a) as if a reference in the applied part to an investigation were a reference to the pricing investigation; and\n- (b) as if the QCA Act, section 176 (3) , required the notice mentioned in that subsection to be given to any entity that QCA knows would be potentially affected by the review.","sortOrder":281},{"sectionNumber":"sec.227F","sectionType":"section","heading":"Required consultation for report","content":"### sec.227F Required consultation for report\n\nBefore QCA gives the Minister the report it must prepare a draft of the report and engage in the consultation prescribed under a regulation.\ns 227F ins 2006 No. 60 s 121","sortOrder":282},{"sectionNumber":"ch.3-pt.4-div.2","sectionType":"division","heading":"Notified prices","content":"## Notified prices","sortOrder":283},{"sectionNumber":"sec.228","sectionType":"section","heading":"Fixing of prices","content":"### sec.228 Fixing of prices\n\nSubject to section 228A , the Minister may fix any or all of the following—\nstanding offer prices of a retailer for or relating to the sale of a covered gas to a customer;\ncharges relating to the sale of a covered gas to a customer;\na methodology to fix the standing offer prices or charges.\ncharges for selling a covered gas\ncharges or fees for late or dishonoured payments\ncharges or fees for discontinuing or recommencing the sale of a covered gas\nIn exercising the power, the Minister must consider the main purposes of this Act and the QCA code objective.\nThe prices, or prices fixed under the methodology, are called notified prices .\nThe notified prices, or methodology to fix the prices—\nmust be notified by gazette notice; and\ntake effect on the later of the following days—\nthe day the notice is gazetted;\nif the gazette notice states a later day of effect—the later day.\nIn this section—\nretailer means a retailer under the NERL (Qld).\nstanding offer prices has the meaning given by the NERL (Qld), section 2 .\nUnder section 320 , the Minister may delegate the Minister’s powers under this division to QCA.\ns 228 sub 2006 No. 60 s 122\namd 2014 No. 48 s 139 ; 2023 No. 25 s 31 sch 1\n(sec.228-ssec.1) Subject to section 228A , the Minister may fix any or all of the following— standing offer prices of a retailer for or relating to the sale of a covered gas to a customer; charges relating to the sale of a covered gas to a customer; a methodology to fix the standing offer prices or charges. charges for selling a covered gas charges or fees for late or dishonoured payments charges or fees for discontinuing or recommencing the sale of a covered gas\n(sec.228-ssec.2) In exercising the power, the Minister must consider the main purposes of this Act and the QCA code objective.\n(sec.228-ssec.3) The prices, or prices fixed under the methodology, are called notified prices .\n(sec.228-ssec.4) The notified prices, or methodology to fix the prices— must be notified by gazette notice; and take effect on the later of the following days— the day the notice is gazetted; if the gazette notice states a later day of effect—the later day.\n(sec.228-ssec.5) In this section— retailer means a retailer under the NERL (Qld). standing offer prices has the meaning given by the NERL (Qld), section 2 . Under section 320 , the Minister may delegate the Minister’s powers under this division to QCA.\n- (a) standing offer prices of a retailer for or relating to the sale of a covered gas to a customer;\n- (b) charges relating to the sale of a covered gas to a customer;\n- (c) a methodology to fix the standing offer prices or charges.\n- • charges for selling a covered gas\n- • charges or fees for late or dishonoured payments\n- • charges or fees for discontinuing or recommencing the sale of a covered gas\n- (a) must be notified by gazette notice; and\n- (b) take effect on the later of the following days— (i) the day the notice is gazetted; (ii) if the gazette notice states a later day of effect—the later day.\n- (i) the day the notice is gazetted;\n- (ii) if the gazette notice states a later day of effect—the later day.\n- (i) the day the notice is gazetted;\n- (ii) if the gazette notice states a later day of effect—the later day.","sortOrder":284},{"sectionNumber":"sec.228A","sectionType":"section","heading":"Restrictions on the first exercise of price fixing power","content":"### sec.228A Restrictions on the first exercise of price fixing power\n\nThis section applies only for the first occasion on which the Minister exercises the power under section 228 .\nThe power may be exercised only if—\neither—\nQCA has given the Minister a report about a pricing investigation; or\nAEMC has, under the AEMC Act, a report about the effectiveness of retail competition in the Queensland retail gas market; and\nno more than 6 months has passed since the giving of the report; and\nthe Minister has considered the report.\nThe Minister must—\npublish on the department’s website reasons for exercising the power; and\ngive each retailer a copy of the reasons.\nIn this section—\nAEMC means the Australian Energy Market Commission established under section 5 of the AEMC Act.\nAEMC Act means the Australian Energy Market Commission Establishment Act 2004 (SA) .\nretailer means a retailer under the NERL (Qld).\ns 228A ins 2006 No. 60 s 122\namd 2014 No. 48 s 140\n(sec.228A-ssec.1) This section applies only for the first occasion on which the Minister exercises the power under section 228 .\n(sec.228A-ssec.2) The power may be exercised only if— either— QCA has given the Minister a report about a pricing investigation; or AEMC has, under the AEMC Act, a report about the effectiveness of retail competition in the Queensland retail gas market; and no more than 6 months has passed since the giving of the report; and the Minister has considered the report.\n(sec.228A-ssec.3) The Minister must— publish on the department’s website reasons for exercising the power; and give each retailer a copy of the reasons.\n(sec.228A-ssec.4) In this section— AEMC means the Australian Energy Market Commission established under section 5 of the AEMC Act. AEMC Act means the Australian Energy Market Commission Establishment Act 2004 (SA) . retailer means a retailer under the NERL (Qld).\n- (a) either— (i) QCA has given the Minister a report about a pricing investigation; or (ii) AEMC has, under the AEMC Act, a report about the effectiveness of retail competition in the Queensland retail gas market; and\n- (i) QCA has given the Minister a report about a pricing investigation; or\n- (ii) AEMC has, under the AEMC Act, a report about the effectiveness of retail competition in the Queensland retail gas market; and\n- (b) no more than 6 months has passed since the giving of the report; and\n- (c) the Minister has considered the report.\n- (i) QCA has given the Minister a report about a pricing investigation; or\n- (ii) AEMC has, under the AEMC Act, a report about the effectiveness of retail competition in the Queensland retail gas market; and\n- (a) publish on the department’s website reasons for exercising the power; and\n- (b) give each retailer a copy of the reasons.","sortOrder":285},{"sectionNumber":"sec.229","sectionType":"section","heading":"Review of notified prices","content":"### sec.229 Review of notified prices\n\nA retailer to whom notified prices apply may ask the Minister to review the notified prices.\nThe Minister must complete the review within 6 months after the request was made.\ns 229 amd 2006 No. 60 s 123 ; 2014 No. 48 s 141\n(sec.229-ssec.1) A retailer to whom notified prices apply may ask the Minister to review the notified prices.\n(sec.229-ssec.2) The Minister must complete the review within 6 months after the request was made.","sortOrder":286},{"sectionNumber":"sec.230","sectionType":"section","heading":"Public advertisement of notified prices","content":"### sec.230 Public advertisement of notified prices\n\nThis section applies if there is a change to notified prices that apply to a particular retailer.\nQCA may publish a notice giving particulars of the changed prices in a newspaper circulating in each locality in which small customers to whom the prices apply reside.\nIf QCA asks, the retailer must pay QCA’s reasonable costs of the publication.\ns 230 sub 2006 No. 60 s 124\n(sec.230-ssec.1) This section applies if there is a change to notified prices that apply to a particular retailer.\n(sec.230-ssec.2) QCA may publish a notice giving particulars of the changed prices in a newspaper circulating in each locality in which small customers to whom the prices apply reside.\n(sec.230-ssec.3) If QCA asks, the retailer must pay QCA’s reasonable costs of the publication.","sortOrder":287},{"sectionNumber":"sec.231","sectionType":"section","heading":"Requirement to comply with notified prices","content":"### sec.231 Requirement to comply with notified prices\n\nIf—\nthere is a notified price for or relating to the sale of a covered gas; and\nthe notified price applies to a retailer;\nthe retailer must comply with the notified price unless otherwise required under the retailer of last resort scheme.\nMaximum penalty—500 penalty units.\ns 231 amd 2006 No. 60 s 125 ; 2014 No. 48 s 142 ; 2023 No. 25 s 31 sch 1\n(sec.231-ssec) If— there is a notified price for or relating to the sale of a covered gas; and the notified price applies to a retailer; the retailer must comply with the notified price unless otherwise required under the retailer of last resort scheme. Maximum penalty—500 penalty units.\n- (a) there is a notified price for or relating to the sale of a covered gas; and\n- (b) the notified price applies to a retailer;","sortOrder":288},{"sectionNumber":"sec.232","sectionType":"section","heading":"Additional consequences of failure to comply with notified prices","content":"### sec.232 Additional consequences of failure to comply with notified prices\n\nThis section applies if—\na retailer contravenes a notified price for a matter; and\nthe contravention was not caused by a compliance with the retailer of last resort scheme.\nThe retailer has no right to recover from the relevant customer or receiver any amount for the matter that is more than the notified price.\nThe customer may recover from the retailer as a debt any amount paid for the matter that is more than the notified price.\nThe failure to comply with the notified price does not, of itself, affect the customer’s liability to the retailer to pay an amount for the matter that is no more than the notified price.\nThis section applies despite any retail contract.\ns 232 amd 2006 No. 60 s 58 sch ; 2014 No. 48 s 143\n(sec.232-ssec.1) This section applies if— a retailer contravenes a notified price for a matter; and the contravention was not caused by a compliance with the retailer of last resort scheme.\n(sec.232-ssec.2) The retailer has no right to recover from the relevant customer or receiver any amount for the matter that is more than the notified price.\n(sec.232-ssec.3) The customer may recover from the retailer as a debt any amount paid for the matter that is more than the notified price.\n(sec.232-ssec.4) The failure to comply with the notified price does not, of itself, affect the customer’s liability to the retailer to pay an amount for the matter that is no more than the notified price.\n(sec.232-ssec.5) This section applies despite any retail contract.\n- (a) a retailer contravenes a notified price for a matter; and\n- (b) the contravention was not caused by a compliance with the retailer of last resort scheme.","sortOrder":289},{"sectionNumber":"sec.233","sectionType":"section","heading":"Directions for prices notification","content":"### sec.233 Directions for prices notification\n\nThe Minister may, by notice, give a retailer a direction to do any of the following if the Minister reasonably believes the direction may help the Minister to fix notified prices—\ngive the Minister stated information at stated reasonable times or intervals;\nkeep stated records;\ngive the Minister copies of the records at stated times or intervals.\nSee also section 318 .\nhow many customers the retailer has in stated consumption ranges\nthe total gas supplied to the retailer’s customers\nhow much gas the retailer supplied its customers in stated consumption ranges\nthe cost of gas at the point, commonly called the ‘city gate’, where a distributor’s distribution system connects with a transmission pipeline\nthe fees and charges paid to the retailer for the sale of gas\nthe retailer’s gas transportation costs\nthe cost to the retailer of gas\nthe retailer’s margin for gas supplied\nthe total cost to the retailer’s customers of gas supplied\nthe retailer’s total revenue from the sale of gas\na profile of the number of the retailer’s customers in stated consumption ranges\nother information relating to the retailer’s cost and revenue bases for gas supply\nThe direction must be accompanied by, or include, a QCAT information notice for the decision to give the direction.\ns 233 amd 2006 No. 60 s 126 ; 2009 No. 24 s 570 ; 2014 No. 48 s 144 ; 2023 No. 25 s 31 sch 1\n(sec.233-ssec.1) The Minister may, by notice, give a retailer a direction to do any of the following if the Minister reasonably believes the direction may help the Minister to fix notified prices— give the Minister stated information at stated reasonable times or intervals; keep stated records; give the Minister copies of the records at stated times or intervals. See also section 318 . how many customers the retailer has in stated consumption ranges the total gas supplied to the retailer’s customers how much gas the retailer supplied its customers in stated consumption ranges the cost of gas at the point, commonly called the ‘city gate’, where a distributor’s distribution system connects with a transmission pipeline the fees and charges paid to the retailer for the sale of gas the retailer’s gas transportation costs the cost to the retailer of gas the retailer’s margin for gas supplied the total cost to the retailer’s customers of gas supplied the retailer’s total revenue from the sale of gas a profile of the number of the retailer’s customers in stated consumption ranges other information relating to the retailer’s cost and revenue bases for gas supply\n(sec.233-ssec.2) The direction must be accompanied by, or include, a QCAT information notice for the decision to give the direction.\n- (a) give the Minister stated information at stated reasonable times or intervals;\n- (b) keep stated records;\n- (c) give the Minister copies of the records at stated times or intervals.\n- • how many customers the retailer has in stated consumption ranges\n- • the total gas supplied to the retailer’s customers\n- • how much gas the retailer supplied its customers in stated consumption ranges\n- • the cost of gas at the point, commonly called the ‘city gate’, where a distributor’s distribution system connects with a transmission pipeline\n- • the fees and charges paid to the retailer for the sale of gas\n- • the retailer’s gas transportation costs\n- • the cost to the retailer of gas\n- • the retailer’s margin for gas supplied\n- • the total cost to the retailer’s customers of gas supplied\n- • the retailer’s total revenue from the sale of gas\n- • a profile of the number of the retailer’s customers in stated consumption ranges\n- • other information relating to the retailer’s cost and revenue bases for gas supply","sortOrder":290},{"sectionNumber":"sec.234","sectionType":"section","heading":"Requirement to comply with direction for prices notification","content":"### sec.234 Requirement to comply with direction for prices notification\n\nIf a retailer is given a direction under section 233 , the retailer must comply with the direction unless the retailer has a reasonable excuse.\nMaximum penalty—500 penalty units.\ns 234 amd 2014 No. 48 s 145","sortOrder":291},{"sectionNumber":"sec.235","sectionType":"section","heading":null,"content":"### Section sec.235\n\ns 235 om 2006 No. 60 s 127","sortOrder":292},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":293},{"sectionNumber":"sec.236","sectionType":"section","heading":"Who is an industry participant","content":"### sec.236 Who is an industry participant\n\nEach of the following is an industry participant —\na distributor;\na retailer;\nthe holder of a transmission pipeline licence;\na person who—\nholds—\na lease under the Petroleum Act 1923 ; or\na petroleum lease or petroleum facility licence under the Petroleum and Gas (Production and Safety) Act; and\nconducts a business in relation to the lease or licence that significantly affects, or may significantly affect, the supply of a covered gas to the community or part of the community;\na person who ships gas to a retail market under an agreement with a person who is an industry participant under paragraph (a) , (b) , (c) or (d) ;\na customer who, in the last 12 months, consumed more than 100TJ of covered gases;\na customer who, in the next 12 months, is likely to consume more than 100TJ of covered gases.\ns 236 amd 2004 No. 25 s 984 ; 2006 No. 60 s 128 ; 2023 No. 25 s 31 sch 1\n- (a) a distributor;\n- (b) a retailer;\n- (c) the holder of a transmission pipeline licence;\n- (d) a person who— (i) holds— (A) a lease under the Petroleum Act 1923 ; or (B) a petroleum lease or petroleum facility licence under the Petroleum and Gas (Production and Safety) Act; and (ii) conducts a business in relation to the lease or licence that significantly affects, or may significantly affect, the supply of a covered gas to the community or part of the community;\n- (i) holds— (A) a lease under the Petroleum Act 1923 ; or (B) a petroleum lease or petroleum facility licence under the Petroleum and Gas (Production and Safety) Act; and\n- (A) a lease under the Petroleum Act 1923 ; or\n- (B) a petroleum lease or petroleum facility licence under the Petroleum and Gas (Production and Safety) Act; and\n- (ii) conducts a business in relation to the lease or licence that significantly affects, or may significantly affect, the supply of a covered gas to the community or part of the community;\n- (e) a person who ships gas to a retail market under an agreement with a person who is an industry participant under paragraph (a) , (b) , (c) or (d) ;\n- (f) a customer who, in the last 12 months, consumed more than 100TJ of covered gases;\n- (g) a customer who, in the next 12 months, is likely to consume more than 100TJ of covered gases.\n- (i) holds— (A) a lease under the Petroleum Act 1923 ; or (B) a petroleum lease or petroleum facility licence under the Petroleum and Gas (Production and Safety) Act; and\n- (A) a lease under the Petroleum Act 1923 ; or\n- (B) a petroleum lease or petroleum facility licence under the Petroleum and Gas (Production and Safety) Act; and\n- (ii) conducts a business in relation to the lease or licence that significantly affects, or may significantly affect, the supply of a covered gas to the community or part of the community;\n- (A) a lease under the Petroleum Act 1923 ; or\n- (B) a petroleum lease or petroleum facility licence under the Petroleum and Gas (Production and Safety) Act; and","sortOrder":294},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Contingency supply plans","content":"# Contingency supply plans","sortOrder":295},{"sectionNumber":"sec.237","sectionType":"section","heading":"Regulator’s power to require plan","content":"### sec.237 Regulator’s power to require plan\n\nThe regulator may, by notice, require an industry participant to, within a stated reasonable period, make a plan that complies with section 239 for the contingency supply of a covered gas (a contingency supply plan ).\nThe industry participant must comply with the notice.\nMaximum penalty—500 penalty units.\nFor subsection (1) , the plan is not made until the regulator is given a copy.\nBefore the industry participant makes the plan, the participant must make reasonable endeavours in the circumstances to consult with the regulator and stakeholders in the covered gas industry about the proposed plan.\nHowever, subsection (4) does not apply if the industry participant has made a plan under another Act and the plan complies or substantially complies with section 239 .\nA failure to comply with subsection (4) does not invalidate or otherwise affect the plan.\ns 237 amd 2006 No. 60 s 129 ; 2023 No. 25 s 31 sch 1\n(sec.237-ssec.1) The regulator may, by notice, require an industry participant to, within a stated reasonable period, make a plan that complies with section 239 for the contingency supply of a covered gas (a contingency supply plan ).\n(sec.237-ssec.2) The industry participant must comply with the notice. Maximum penalty—500 penalty units.\n(sec.237-ssec.3) For subsection (1) , the plan is not made until the regulator is given a copy.\n(sec.237-ssec.4) Before the industry participant makes the plan, the participant must make reasonable endeavours in the circumstances to consult with the regulator and stakeholders in the covered gas industry about the proposed plan.\n(sec.237-ssec.5) However, subsection (4) does not apply if the industry participant has made a plan under another Act and the plan complies or substantially complies with section 239 .\n(sec.237-ssec.6) A failure to comply with subsection (4) does not invalidate or otherwise affect the plan.","sortOrder":296},{"sectionNumber":"sec.238","sectionType":"section","heading":"Regulator’s power to make plan","content":"### sec.238 Regulator’s power to make plan\n\nIf, in contravention of section 237 , an industry participant does not make a contingency supply plan, the regulator may, by notice to the participant, make the plan for the participant.\nHowever, before making the plan, the regulator must give the industry participant—\na proposed plan; and\na reasonable opportunity to make submissions to the regulator about the proposed plan.\nThis section does not prevent the industry participant from making another contingency supply plan or amending the plan made by the regulator if the other plan or amended plan complies with the content requirements.\n(sec.238-ssec.1) If, in contravention of section 237 , an industry participant does not make a contingency supply plan, the regulator may, by notice to the participant, make the plan for the participant.\n(sec.238-ssec.2) However, before making the plan, the regulator must give the industry participant— a proposed plan; and a reasonable opportunity to make submissions to the regulator about the proposed plan.\n(sec.238-ssec.3) This section does not prevent the industry participant from making another contingency supply plan or amending the plan made by the regulator if the other plan or amended plan complies with the content requirements.\n- (a) a proposed plan; and\n- (b) a reasonable opportunity to make submissions to the regulator about the proposed plan.","sortOrder":297},{"sectionNumber":"sec.239","sectionType":"section","heading":"Contingency supply plan—content requirements","content":"### sec.239 Contingency supply plan—content requirements\n\nThis section imposes requirements (the content requirements ) for an industry participant’s contingency supply plan.\nDespite the content requirements, a matter must not be provided for in the plan to the extent it conflicts with—\na safety-related provision made under the Petroleum and Gas (Production and Safety) Act or another Act; or\na contingency supply plan made for the State by the regulator.\nThe plan must—\nidentify the contingencies or events that may lead to an interruption or curtailment of the supply of a covered gas in relation to the industry participant; and\nprovide for the following if any of the contingencies or events happen—\nalternative arrangements for the supply of the covered gas;\na list stating the priority for supply to customers, or types of customer;\nhow essential services are to be supplied; and\ngive information on the types of customer each contingency or event is likely to affect; and\ncontact details for the industry participant; and\nanother matter prescribed under a regulation.\nThe alternative arrangements must, as far as reasonably practicable, ensure supply to customers is maximised if any of the contingencies or events happen.\ns 239 amd 2004 No. 25 s 985 (amd 2004 No. 26 s 257 ); 2006 No. 60 s 130 ; 2023 No. 25 s 31 sch 1\n(sec.239-ssec.1) This section imposes requirements (the content requirements ) for an industry participant’s contingency supply plan.\n(sec.239-ssec.2) Despite the content requirements, a matter must not be provided for in the plan to the extent it conflicts with— a safety-related provision made under the Petroleum and Gas (Production and Safety) Act or another Act; or a contingency supply plan made for the State by the regulator.\n(sec.239-ssec.3) The plan must— identify the contingencies or events that may lead to an interruption or curtailment of the supply of a covered gas in relation to the industry participant; and provide for the following if any of the contingencies or events happen— alternative arrangements for the supply of the covered gas; a list stating the priority for supply to customers, or types of customer; how essential services are to be supplied; and give information on the types of customer each contingency or event is likely to affect; and contact details for the industry participant; and another matter prescribed under a regulation.\n(sec.239-ssec.4) The alternative arrangements must, as far as reasonably practicable, ensure supply to customers is maximised if any of the contingencies or events happen.\n- (a) a safety-related provision made under the Petroleum and Gas (Production and Safety) Act or another Act; or\n- (b) a contingency supply plan made for the State by the regulator.\n- (a) identify the contingencies or events that may lead to an interruption or curtailment of the supply of a covered gas in relation to the industry participant; and\n- (b) provide for the following if any of the contingencies or events happen— (i) alternative arrangements for the supply of the covered gas; (ii) a list stating the priority for supply to customers, or types of customer; (iii) how essential services are to be supplied; and\n- (i) alternative arrangements for the supply of the covered gas;\n- (ii) a list stating the priority for supply to customers, or types of customer;\n- (iii) how essential services are to be supplied; and\n- (c) give information on the types of customer each contingency or event is likely to affect; and\n- (d) contact details for the industry participant; and\n- (e) another matter prescribed under a regulation.\n- (i) alternative arrangements for the supply of the covered gas;\n- (ii) a list stating the priority for supply to customers, or types of customer;\n- (iii) how essential services are to be supplied; and","sortOrder":298},{"sectionNumber":"sec.240","sectionType":"section","heading":"Requirement to comply with plan","content":"### sec.240 Requirement to comply with plan\n\nIf a contingency or event identified in an industry participant’s contingency supply plan happens, the industry participant must comply with the plan, unless the industry participant has a reasonable excuse.\nMaximum penalty—500 penalty units.","sortOrder":299},{"sectionNumber":"sec.241","sectionType":"section","heading":"Limitation of industry participant’s liability because of compliance with plan","content":"### sec.241 Limitation of industry participant’s liability because of compliance with plan\n\nThis section applies if—\na person incurs a cost, damage or loss because of an act done or omission made by an industry participant; and\ndoing the act or making the omission was required by the industry participant’s contingency supply plan.\nThe industry participant is not civilly liable for the cost, damage or loss if—\nin doing the act or making the omission the industry participant complied with this Act and the conditions of any relevant distribution authority or retailer authorisation; and\nthe doing of the act or the making of the omission was carried out in good faith and without negligence.\nSubsection (2) —\nis subject to any agreement between the person and the industry participant; and\ndoes not limit section 6 (3) .\nIn this section—\nretailer authorisation means a retailer authorisation under the NERL (Qld).\ns 241 amd 2014 No. 48 s 146\n(sec.241-ssec.1) This section applies if— a person incurs a cost, damage or loss because of an act done or omission made by an industry participant; and doing the act or making the omission was required by the industry participant’s contingency supply plan.\n(sec.241-ssec.2) The industry participant is not civilly liable for the cost, damage or loss if— in doing the act or making the omission the industry participant complied with this Act and the conditions of any relevant distribution authority or retailer authorisation; and the doing of the act or the making of the omission was carried out in good faith and without negligence.\n(sec.241-ssec.3) Subsection (2) — is subject to any agreement between the person and the industry participant; and does not limit section 6 (3) .\n(sec.241-ssec.4) In this section— retailer authorisation means a retailer authorisation under the NERL (Qld).\n- (a) a person incurs a cost, damage or loss because of an act done or omission made by an industry participant; and\n- (b) doing the act or making the omission was required by the industry participant’s contingency supply plan.\n- (a) in doing the act or making the omission the industry participant complied with this Act and the conditions of any relevant distribution authority or retailer authorisation; and\n- (b) the doing of the act or the making of the omission was carried out in good faith and without negligence.\n- (a) is subject to any agreement between the person and the industry participant; and\n- (b) does not limit section 6 (3) .","sortOrder":300},{"sectionNumber":"sec.242","sectionType":"section","heading":"When plan must be revised","content":"### sec.242 When plan must be revised\n\nThis section applies if—\na circumstance happens that affects, or may affect, an industry participant’s contingency supply plan complying with the content requirements; and\nthe industry participant becomes aware, or ought reasonably to have become aware, of the happening of the circumstance.\nThe industry participant must, as soon as practicable, amend or remake the plan so that it complies with the content requirements.\nMaximum penalty—500 penalty units.\nFor subsection (2) , the plan is not amended or remade until the regulator is given a copy.\n(sec.242-ssec.1) This section applies if— a circumstance happens that affects, or may affect, an industry participant’s contingency supply plan complying with the content requirements; and the industry participant becomes aware, or ought reasonably to have become aware, of the happening of the circumstance.\n(sec.242-ssec.2) The industry participant must, as soon as practicable, amend or remake the plan so that it complies with the content requirements. Maximum penalty—500 penalty units.\n(sec.242-ssec.3) For subsection (2) , the plan is not amended or remade until the regulator is given a copy.\n- (a) a circumstance happens that affects, or may affect, an industry participant’s contingency supply plan complying with the content requirements; and\n- (b) the industry participant becomes aware, or ought reasonably to have become aware, of the happening of the circumstance.","sortOrder":301},{"sectionNumber":"sec.243","sectionType":"section","heading":"Regulator’s power to amend plan","content":"### sec.243 Regulator’s power to amend plan\n\nIf the regulator reasonably believes an industry participant’s contingency supply plan does not comply with the content requirements, the regulator may, by complying with subsections (3) and (4) , amend the plan so that it does comply with the requirements.\nThe regulator must give the industry participant a notice stating each of the following—\nhow the plan does not comply with the requirements;\nthat the regulator proposes to amend the plan so that it does comply;\nthe proposed amendment;\nthat the industry participant may within a stated reasonable period—\namend the plan so that it does comply with the requirements; or\nmake written submissions to the regulator about why the proposed amendment should not be made.\nThe regulator must consider any written submissions or amendments made by the industry participant within the stated period.\nThe amendment does not take effect until the industry participant is given an information notice about the decision to make the amendment.\nThis section does not prevent the industry participant from further amending the plan if the further amended plan complies with the content requirements.\nIn this section—\namend includes remake and replace.\n(sec.243-ssec.1) If the regulator reasonably believes an industry participant’s contingency supply plan does not comply with the content requirements, the regulator may, by complying with subsections (3) and (4) , amend the plan so that it does comply with the requirements.\n(sec.243-ssec.2) The regulator must give the industry participant a notice stating each of the following— how the plan does not comply with the requirements; that the regulator proposes to amend the plan so that it does comply; the proposed amendment; that the industry participant may within a stated reasonable period— amend the plan so that it does comply with the requirements; or make written submissions to the regulator about why the proposed amendment should not be made.\n(sec.243-ssec.3) The regulator must consider any written submissions or amendments made by the industry participant within the stated period.\n(sec.243-ssec.4) The amendment does not take effect until the industry participant is given an information notice about the decision to make the amendment.\n(sec.243-ssec.5) This section does not prevent the industry participant from further amending the plan if the further amended plan complies with the content requirements.\n(sec.243-ssec.6) In this section— amend includes remake and replace.\n- (a) how the plan does not comply with the requirements;\n- (b) that the regulator proposes to amend the plan so that it does comply;\n- (c) the proposed amendment;\n- (d) that the industry participant may within a stated reasonable period— (i) amend the plan so that it does comply with the requirements; or (ii) make written submissions to the regulator about why the proposed amendment should not be made.\n- (i) amend the plan so that it does comply with the requirements; or\n- (ii) make written submissions to the regulator about why the proposed amendment should not be made.\n- (i) amend the plan so that it does comply with the requirements; or\n- (ii) make written submissions to the regulator about why the proposed amendment should not be made.","sortOrder":302},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Information requirements","content":"# Information requirements","sortOrder":303},{"sectionNumber":"sec.244","sectionType":"section","heading":"Notice of significant disruption","content":"### sec.244 Notice of significant disruption\n\nIf an industry participant becomes aware of any significant disruption, or event likely to result in a significant disruption, to the supply of a covered gas, the participant must, as soon as practicable, give the regulator notice of the disruption or event.\nMaximum penalty—100 penalty units.\ns 244 amd 2006 No. 60 s 131 ; 2023 No. 25 s 31 sch 1","sortOrder":304},{"sectionNumber":"sec.245","sectionType":"section","heading":"Regulator’s power to require information from industry participant","content":"### sec.245 Regulator’s power to require information from industry participant\n\nThis section applies if the regulator reasonably believes an industry participant has information that will help the regulator assess the current or probable future sufficiency of supply of a covered gas.\ngas production and estimated future production, by location\ngas purchases, by location\ngas supplied and future contractual obligations to supply, by location\nthe number of customers in each stated class of customer\ntransportation prices\ngas prices for a stated class of customer\nestimated reserves of coal seam gas and natural gas\nThe regulator may, by notice, require the industry participant to give the regulator in the approved form stated information of a type mentioned in subsection (1) , at stated reasonable times or intervals.\nThe direction must be accompanied by, or include, an information notice about the decision to give the direction.\nSee also section 318 .\ns 245 amd 2006 No. 60 s 132 ; 2023 No. 25 s 31 sch 1\n(sec.245-ssec.1) This section applies if the regulator reasonably believes an industry participant has information that will help the regulator assess the current or probable future sufficiency of supply of a covered gas. gas production and estimated future production, by location gas purchases, by location gas supplied and future contractual obligations to supply, by location the number of customers in each stated class of customer transportation prices gas prices for a stated class of customer estimated reserves of coal seam gas and natural gas\n(sec.245-ssec.2) The regulator may, by notice, require the industry participant to give the regulator in the approved form stated information of a type mentioned in subsection (1) , at stated reasonable times or intervals.\n(sec.245-ssec.3) The direction must be accompanied by, or include, an information notice about the decision to give the direction. See also section 318 .\n- • gas production and estimated future production, by location\n- • gas purchases, by location\n- • gas supplied and future contractual obligations to supply, by location\n- • the number of customers in each stated class of customer\n- • transportation prices\n- • gas prices for a stated class of customer\n- • estimated reserves of coal seam gas and natural gas","sortOrder":305},{"sectionNumber":"sec.246","sectionType":"section","heading":"Failure to comply with information requirement","content":"### sec.246 Failure to comply with information requirement\n\nAn industry participant of whom a requirement under section 245 has been made must comply with the requirement unless the participant has a reasonable excuse.\nMaximum penalty—500 penalty units.\nIt is a reasonable excuse not to give the information if giving it might tend to incriminate the industry participant.\n(sec.246-ssec.1) An industry participant of whom a requirement under section 245 has been made must comply with the requirement unless the participant has a reasonable excuse. Maximum penalty—500 penalty units.\n(sec.246-ssec.2) It is a reasonable excuse not to give the information if giving it might tend to incriminate the industry participant.","sortOrder":306},{"sectionNumber":"sec.247","sectionType":"section","heading":"Notice of intention to stop transport or sale of covered gas or customer connection services","content":"### sec.247 Notice of intention to stop transport or sale of covered gas or customer connection services\n\nThe holder of a transmission pipeline licence for a pipeline that transports a covered gas must give the regulator the required notice at least 3 months before stopping, or significantly reducing, the transportation of the covered gas through the pipeline.\nMaximum penalty—100 penalty units.\nA distributor must give the regulator the required notice at least 6 months before stopping, or significantly reducing, the provision of customer connection services.\nMaximum penalty—100 penalty units.\nA retailer must give the regulator the required notice at least 6 months before stopping, or significantly reducing, the sale of a covered gas to a customer.\nMaximum penalty—100 penalty units.\nSubsections (1) to (3) —\ndo not apply for a distributor or retailer if the stoppage or reduction is because of a discontinuance under a connection contract or contract for the sale of the covered gas to a customer; and\ndo not apply if there is a reasonable excuse for the stopping or significant reduction.\nIn this section—\nrequired notice means a notice stating each of the following—\nwhether the notice is a notice of a stoppage or of a significant reduction;\nreasons for the stoppage or reduction;\neach type of customer ( affected customers ) who will, or are likely to be, affected by the stoppage or reduction;\ndetails of any arrangements that have been, or will be, put in place to ensure affected customers continue to be supplied with the covered gas;\ninformation to be provided to affected customers about the stoppage or reduction and the arrangements;\ndetails of any level of help to be offered to affected customers.\ns 247 amd 2006 No. 60 s 133 ; 2014 No. 48 s 147 ; 2023 No. 25 s 31 sch 1\n(sec.247-ssec.1) The holder of a transmission pipeline licence for a pipeline that transports a covered gas must give the regulator the required notice at least 3 months before stopping, or significantly reducing, the transportation of the covered gas through the pipeline. Maximum penalty—100 penalty units.\n(sec.247-ssec.2) A distributor must give the regulator the required notice at least 6 months before stopping, or significantly reducing, the provision of customer connection services. Maximum penalty—100 penalty units.\n(sec.247-ssec.3) A retailer must give the regulator the required notice at least 6 months before stopping, or significantly reducing, the sale of a covered gas to a customer. Maximum penalty—100 penalty units.\n(sec.247-ssec.4) Subsections (1) to (3) — do not apply for a distributor or retailer if the stoppage or reduction is because of a discontinuance under a connection contract or contract for the sale of the covered gas to a customer; and do not apply if there is a reasonable excuse for the stopping or significant reduction.\n(sec.247-ssec.5) In this section— required notice means a notice stating each of the following— whether the notice is a notice of a stoppage or of a significant reduction; reasons for the stoppage or reduction; each type of customer ( affected customers ) who will, or are likely to be, affected by the stoppage or reduction; details of any arrangements that have been, or will be, put in place to ensure affected customers continue to be supplied with the covered gas; information to be provided to affected customers about the stoppage or reduction and the arrangements; details of any level of help to be offered to affected customers.\n- (a) do not apply for a distributor or retailer if the stoppage or reduction is because of a discontinuance under a connection contract or contract for the sale of the covered gas to a customer; and\n- (b) do not apply if there is a reasonable excuse for the stopping or significant reduction.\n- (a) whether the notice is a notice of a stoppage or of a significant reduction;\n- (b) reasons for the stoppage or reduction;\n- (c) each type of customer ( affected customers ) who will, or are likely to be, affected by the stoppage or reduction;\n- (d) details of any arrangements that have been, or will be, put in place to ensure affected customers continue to be supplied with the covered gas;\n- (e) information to be provided to affected customers about the stoppage or reduction and the arrangements;\n- (f) details of any level of help to be offered to affected customers.","sortOrder":307},{"sectionNumber":"ch.4-pt.4","sectionType":"part","heading":null,"content":"","sortOrder":308},{"sectionNumber":"sec.248","sectionType":"section","heading":null,"content":"### Section sec.248\n\ns 248 amd 2006 No. 60 s 134 ; 2009 No. 16 s 41\nom 2014 No. 48 s 148","sortOrder":309},{"sectionNumber":"sec.249","sectionType":"section","heading":null,"content":"### Section sec.249\n\ns 249 om 2014 No. 48 s 148","sortOrder":310},{"sectionNumber":"sec.250","sectionType":"section","heading":null,"content":"### Section sec.250\n\ns 250 amd 2006 No. 60 s 135\nom 2014 No. 48 s 148","sortOrder":311},{"sectionNumber":"ch.4-pt.5","sectionType":"part","heading":"Insufficiency of supply declarations and directions","content":"# Insufficiency of supply declarations and directions","sortOrder":312},{"sectionNumber":"ch.4-pt.5-div.1","sectionType":"division","heading":"Insufficiency of supply declarations","content":"## Insufficiency of supply declarations","sortOrder":313},{"sectionNumber":"sec.251","sectionType":"section","heading":"Minister’s power to make declaration","content":"### sec.251 Minister’s power to make declaration\n\nThe Minister may make a declaration (an insufficiency of supply declaration ) that this part applies to a stated area if the Minister reasonably believes the supply of a covered gas in the area—\nis, or is likely to be, disrupted; or\nis, or is likely to become, insufficient for the reasonable requirements of the community, or a part of the community, in the area.\nA retailer for the area has given a notice under section 247 .\nA retailer for the area becomes an externally-administered body corporate under the Corporations Act and the retailer’s financial position does not, or may not, allow the retailer to continue to sell the covered gas in the area.\ns 251 amd 2006 No. 60 s 136 ; 2023 No. 25 s 31 sch 1\n- (a) is, or is likely to be, disrupted; or\n- (b) is, or is likely to become, insufficient for the reasonable requirements of the community, or a part of the community, in the area.\n- 1 A retailer for the area has given a notice under section 247 .\n- 2 A retailer for the area becomes an externally-administered body corporate under the Corporations Act and the retailer’s financial position does not, or may not, allow the retailer to continue to sell the covered gas in the area.","sortOrder":314},{"sectionNumber":"sec.252","sectionType":"section","heading":"Requirements for making declaration","content":"### sec.252 Requirements for making declaration\n\nGenerally, an insufficiency of supply declaration must be made by gazette notice.\nHowever, the Minister may make an insufficiency of supply declaration by another document if the Minister is reasonably satisfied extraordinary circumstances require it to be made immediately.\nIf an insufficiency of supply declaration is made under subsection (2) , the Minister must immediately publish the making of the declaration in the way the Minister considers most appropriate to notify persons likely to be affected by it.\nA failure to comply with subsection (3) does not invalidate or otherwise affect the declaration.\n(sec.252-ssec.1) Generally, an insufficiency of supply declaration must be made by gazette notice.\n(sec.252-ssec.2) However, the Minister may make an insufficiency of supply declaration by another document if the Minister is reasonably satisfied extraordinary circumstances require it to be made immediately.\n(sec.252-ssec.3) If an insufficiency of supply declaration is made under subsection (2) , the Minister must immediately publish the making of the declaration in the way the Minister considers most appropriate to notify persons likely to be affected by it.\n(sec.252-ssec.4) A failure to comply with subsection (3) does not invalidate or otherwise affect the declaration.","sortOrder":315},{"sectionNumber":"sec.253","sectionType":"section","heading":"Duration of declaration","content":"### sec.253 Duration of declaration\n\nIf an insufficiency of supply declaration was not made by gazette notice, it expires on the third day after its making.\nIf an insufficiency of supply declaration is not tabled in the Legislative Assembly before the end of the next sitting day after its making, it expires at the end of that day.\nOtherwise, an insufficiency of supply declaration continues in force until—\nany time provided in the declaration for its expiry; or\nit is repealed.\n(sec.253-ssec.1) If an insufficiency of supply declaration was not made by gazette notice, it expires on the third day after its making.\n(sec.253-ssec.2) If an insufficiency of supply declaration is not tabled in the Legislative Assembly before the end of the next sitting day after its making, it expires at the end of that day.\n(sec.253-ssec.3) Otherwise, an insufficiency of supply declaration continues in force until— any time provided in the declaration for its expiry; or it is repealed.\n- (a) any time provided in the declaration for its expiry; or\n- (b) it is repealed.","sortOrder":316},{"sectionNumber":"ch.4-pt.5-div.2","sectionType":"division","heading":"Insufficiency of supply directions","content":"## Insufficiency of supply directions","sortOrder":317},{"sectionNumber":"sec.254","sectionType":"section","heading":"Minister’s power to give directions while declaration in force","content":"### sec.254 Minister’s power to give directions while declaration in force\n\nThe Minister may give a person as follows a direction (an insufficiency of supply direction ) to do or not do something to ensure the safe supply of a covered gas to customers in the area the subject of an insufficiency of supply declaration—\nan industry participant;\na stated customer, or type of customer;\nAEMO.\nHowever, before making the direction, the Minister must, if it is practicable to do so, give the person a reasonable opportunity to make submissions about the proposed direction.\nA failure to comply with subsection (2) does not invalidate or otherwise affect the direction.\nSubsection (1) (a) applies even if the person or the relevant business of the person is not in the area.\nThe direction may be given in any way the Minister considers appropriate including, for example, by—\npublishing a notice in a newspaper; or\ntelevision transmission or radio broadcast.\na direction to control, direct, restrict, or prohibit the production, distribution, supply, or the consumption or use of, the covered gas\na direction to a person who extracts, produces, transports or distributes the covered gas to extract, produce or transport it for supply, or to extract produce, transport or distribute it in a stated way\na direction to comply with stated conditions for the extraction, production, distribution, supply or consumption or use of the covered gas\na direction to carry out stated work to ensure the production, distribution or transportation or supply of the covered gas\na direction to make available stated gas infrastructure\na direction not to operate or use stated gas infrastructure, or to use it only with the Minister’s consent\na direction fixing prices for the covered gas\ndirecting an occupier of land to allow a stated person authorised by the Minister, to enter the land to carry out a stated activity to ensure the safe supply of the covered gas in the area\na direction to comply with a contingency supply plan made for the State by the regulator\ns 254 amd 2006 No. 60 s 137 ; 2009 No. 16 s 42 ; 2023 No. 25 s 31 sch 1\n(sec.254-ssec.1) The Minister may give a person as follows a direction (an insufficiency of supply direction ) to do or not do something to ensure the safe supply of a covered gas to customers in the area the subject of an insufficiency of supply declaration— an industry participant; a stated customer, or type of customer; AEMO.\n(sec.254-ssec.2) However, before making the direction, the Minister must, if it is practicable to do so, give the person a reasonable opportunity to make submissions about the proposed direction.\n(sec.254-ssec.3) A failure to comply with subsection (2) does not invalidate or otherwise affect the direction.\n(sec.254-ssec.4) Subsection (1) (a) applies even if the person or the relevant business of the person is not in the area.\n(sec.254-ssec.5) The direction may be given in any way the Minister considers appropriate including, for example, by— publishing a notice in a newspaper; or television transmission or radio broadcast. a direction to control, direct, restrict, or prohibit the production, distribution, supply, or the consumption or use of, the covered gas a direction to a person who extracts, produces, transports or distributes the covered gas to extract, produce or transport it for supply, or to extract produce, transport or distribute it in a stated way a direction to comply with stated conditions for the extraction, production, distribution, supply or consumption or use of the covered gas a direction to carry out stated work to ensure the production, distribution or transportation or supply of the covered gas a direction to make available stated gas infrastructure a direction not to operate or use stated gas infrastructure, or to use it only with the Minister’s consent a direction fixing prices for the covered gas directing an occupier of land to allow a stated person authorised by the Minister, to enter the land to carry out a stated activity to ensure the safe supply of the covered gas in the area a direction to comply with a contingency supply plan made for the State by the regulator\n- (a) an industry participant;\n- (b) a stated customer, or type of customer;\n- (c) AEMO.\n- (a) publishing a notice in a newspaper; or\n- (b) television transmission or radio broadcast.\n- 1 a direction to control, direct, restrict, or prohibit the production, distribution, supply, or the consumption or use of, the covered gas\n- 2 a direction to a person who extracts, produces, transports or distributes the covered gas to extract, produce or transport it for supply, or to extract produce, transport or distribute it in a stated way\n- 3 a direction to comply with stated conditions for the extraction, production, distribution, supply or consumption or use of the covered gas\n- 4 a direction to carry out stated work to ensure the production, distribution or transportation or supply of the covered gas\n- 5 a direction to make available stated gas infrastructure\n- 6 a direction not to operate or use stated gas infrastructure, or to use it only with the Minister’s consent\n- 7 a direction fixing prices for the covered gas\n- 8 directing an occupier of land to allow a stated person authorised by the Minister, to enter the land to carry out a stated activity to ensure the safe supply of the covered gas in the area\n- 9 a direction to comply with a contingency supply plan made for the State by the regulator","sortOrder":318},{"sectionNumber":"sec.255","sectionType":"section","heading":"Failure to comply with direction","content":"### sec.255 Failure to comply with direction\n\nA person to whom an insufficiency of supply direction has been given must comply with the direction unless the person has a reasonable excuse.\nMaximum penalty—500 penalty units.\nIt is a reasonable excuse to not comply with the direction if compliance would reasonably, or is reasonably likely to, result in a risk to—\nthe safety of anyone; or\nthe operation or security of a pipeline or other plant or equipment.\n(sec.255-ssec.1) A person to whom an insufficiency of supply direction has been given must comply with the direction unless the person has a reasonable excuse. Maximum penalty—500 penalty units.\n(sec.255-ssec.2) It is a reasonable excuse to not comply with the direction if compliance would reasonably, or is reasonably likely to, result in a risk to— the safety of anyone; or the operation or security of a pipeline or other plant or equipment.\n- (a) the safety of anyone; or\n- (b) the operation or security of a pipeline or other plant or equipment.","sortOrder":319},{"sectionNumber":"sec.256","sectionType":"section","heading":"Liability of recipient for covered gas supplied under direction","content":"### sec.256 Liability of recipient for covered gas supplied under direction\n\nThis section applies if—\nunder an insufficiency of supply direction a person (the supplier ) supplies someone else (the recipient ) with the covered gas stated in the direction; and\nthe recipient consumes the covered gas; and\nthe supplier was not, other than for the direction, legally obliged to supply the covered gas to the recipient.\nThe recipient must, unless the Minister otherwise approves, pay the supplier a reasonable amount for the covered gas.\nIn working out what is a reasonable amount for the covered gas, regard must be had to—\nthe cost to the supplier of producing or transporting the gas; and\nany lost revenue to the supplier as a result of the gas being redirected.\ns 256 amd 2006 No. 60 s 138 ; 2023 No. 25 s 31 sch 1\n(sec.256-ssec.1) This section applies if— under an insufficiency of supply direction a person (the supplier ) supplies someone else (the recipient ) with the covered gas stated in the direction; and the recipient consumes the covered gas; and the supplier was not, other than for the direction, legally obliged to supply the covered gas to the recipient.\n(sec.256-ssec.2) The recipient must, unless the Minister otherwise approves, pay the supplier a reasonable amount for the covered gas.\n(sec.256-ssec.3) In working out what is a reasonable amount for the covered gas, regard must be had to— the cost to the supplier of producing or transporting the gas; and any lost revenue to the supplier as a result of the gas being redirected.\n- (a) under an insufficiency of supply direction a person (the supplier ) supplies someone else (the recipient ) with the covered gas stated in the direction; and\n- (b) the recipient consumes the covered gas; and\n- (c) the supplier was not, other than for the direction, legally obliged to supply the covered gas to the recipient.\n- (a) the cost to the supplier of producing or transporting the gas; and\n- (b) any lost revenue to the supplier as a result of the gas being redirected.","sortOrder":320},{"sectionNumber":"sec.257","sectionType":"section","heading":"Direction overrides contracts","content":"### sec.257 Direction overrides contracts\n\nIf there is an inconsistency between an insufficiency of supply direction and a contract as follows, the direction prevails to the extent of the inconsistency—\na connection contract;\nanother contract relating to the production, transport or sale of the covered gas.\ns 257 amd 2006 No. 60 s 139 ; 2014 No. 48 s 149 ; 2023 No. 25 s 31 sch 1\n- (a) a connection contract;\n- (b) another contract relating to the production, transport or sale of the covered gas.","sortOrder":321},{"sectionNumber":"sec.257AA","sectionType":"section","heading":"Exemption from Petroleum and Gas (Production and Safety) Act, ss 800 , 802 and 803 for person complying with direction","content":"### sec.257AA Exemption from Petroleum and Gas (Production and Safety) Act, ss 800 , 802 and 803 for person complying with direction\n\nThis section applies to a person to whom an insufficiency of supply direction has been given.\nThe Petroleum and Gas (Production and Safety) Act, sections 800 , 802 and 803 do not apply for a relevant activity carried out by the person if the carrying out of the activity was required under the direction.\nIn this section—\nrelevant activity means—\na petroleum tenure activity as defined under the Petroleum and Gas (Production and Safety) Act, section 800 ; or\nthe construction or operation of any of the following, as defined under the Petroleum and Gas (Production and Safety) Act—\na pipeline, other than a distribution pipeline;\na petroleum facility.\ns 257AA (prev s 257A) ins 2004 No. 25 s 986\nrenum 2006 No. 60 s 58 sch (amd 2007 No. 17 s 49 )\n(sec.257AA-ssec.1) This section applies to a person to whom an insufficiency of supply direction has been given.\n(sec.257AA-ssec.2) The Petroleum and Gas (Production and Safety) Act, sections 800 , 802 and 803 do not apply for a relevant activity carried out by the person if the carrying out of the activity was required under the direction.\n(sec.257AA-ssec.3) In this section— relevant activity means— a petroleum tenure activity as defined under the Petroleum and Gas (Production and Safety) Act, section 800 ; or the construction or operation of any of the following, as defined under the Petroleum and Gas (Production and Safety) Act— a pipeline, other than a distribution pipeline; a petroleum facility.\n- (a) a petroleum tenure activity as defined under the Petroleum and Gas (Production and Safety) Act, section 800 ; or\n- (b) the construction or operation of any of the following, as defined under the Petroleum and Gas (Production and Safety) Act— (i) a pipeline, other than a distribution pipeline; (ii) a petroleum facility.\n- (i) a pipeline, other than a distribution pipeline;\n- (ii) a petroleum facility.\n- (i) a pipeline, other than a distribution pipeline;\n- (ii) a petroleum facility.","sortOrder":322},{"sectionNumber":"ch.4A-pt.1","sectionType":"part","heading":null,"content":"","sortOrder":323},{"sectionNumber":"sec.257A","sectionType":"section","heading":null,"content":"### Section sec.257A\n\ns 257A ins 2006 No. 60 s 140\nom 2009 No. 16 s 43","sortOrder":324},{"sectionNumber":"sec.257B","sectionType":"section","heading":null,"content":"### Section sec.257B\n\ns 257B ins 2006 No. 60 s 140\nom 2009 No. 16 s 43","sortOrder":325},{"sectionNumber":"sec.257C","sectionType":"section","heading":null,"content":"### Section sec.257C\n\ns 257C ins 2006 No. 60 s 140\nom 2009 No. 16 s 43","sortOrder":326},{"sectionNumber":"ch.4A-pt.2","sectionType":"part","heading":null,"content":"","sortOrder":327},{"sectionNumber":"sec.257D","sectionType":"section","heading":null,"content":"### Section sec.257D\n\ns 257D ins 2006 No. 60 s 140\nom 2009 No. 16 s 43","sortOrder":328},{"sectionNumber":"sec.257E","sectionType":"section","heading":null,"content":"### Section sec.257E\n\ns 257E ins 2006 No. 60 s 140\nom 2009 No. 16 s 43","sortOrder":329},{"sectionNumber":"sec.257F","sectionType":"section","heading":null,"content":"### Section sec.257F\n\ns 257F ins 2006 No. 60 s 140\nom 2009 No. 16 s 43","sortOrder":330},{"sectionNumber":"ch.4A-pt.3","sectionType":"part","heading":null,"content":"","sortOrder":331},{"sectionNumber":"sec.257G","sectionType":"section","heading":null,"content":"### Section sec.257G\n\ns 257G ins 2006 No. 60 s 140\nom 2009 No. 16 s 43","sortOrder":332},{"sectionNumber":"ch.5A-pt.1","sectionType":"part","heading":"Initial distribution network codes","content":"# Initial distribution network codes","sortOrder":333},{"sectionNumber":"sec.270A","sectionType":"section","heading":"Making of initial distribution network codes by Minister","content":"### sec.270A Making of initial distribution network codes by Minister\n\nThe Minister must make initial distribution network codes for reticulated covered gas markets to apply to distributors and their customers.\nA code must state the distributors to which it applies.\nA code is not subordinate legislation.\nQCA must keep a register of distribution network codes and publish them on its website. See section 310A and the QCA Act, sections 227A to 227C .\ns 270A ins 2006 No. 60 s 145\namd 2014 No. 48 ss 151 , 183 sch 1 ; 2023 No. 25 s 31 sch 1\n(sec.270A-ssec.1) The Minister must make initial distribution network codes for reticulated covered gas markets to apply to distributors and their customers.\n(sec.270A-ssec.2) A code must state the distributors to which it applies.\n(sec.270A-ssec.3) A code is not subordinate legislation. QCA must keep a register of distribution network codes and publish them on its website. See section 310A and the QCA Act, sections 227A to 227C .","sortOrder":334},{"sectionNumber":"sec.270B","sectionType":"section","heading":"Specific matters for which code may provide","content":"### sec.270B Specific matters for which code may provide\n\nWithout limiting section 270A , a distribution network code may provide for the rights and obligations of distributors and customers about customer connection services.\ns 270B ins 2006 No. 60 s 145\namd 2009 No. 16 s 44\nsub 2014 No. 48 s 152","sortOrder":335},{"sectionNumber":"sec.270BA","sectionType":"section","heading":"Required consultation","content":"### sec.270BA Required consultation\n\nThis section applies if the Minister proposes to make a distribution network code, unless the Minister considers the proposed code—\nis needed urgently; or\nwill not be materially detrimental to anyone’s interests.\nBefore the Minister makes the distribution network code, the Minister must prepare a draft of the code and consult with—\nentities the Minister is satisfied are likely to be affected by the proposed code; and\nentities representing gas consumers.\ns 270BA ins 2014 No. 48 s 153\n(sec.270BA-ssec.1) This section applies if the Minister proposes to make a distribution network code, unless the Minister considers the proposed code— is needed urgently; or will not be materially detrimental to anyone’s interests.\n(sec.270BA-ssec.2) Before the Minister makes the distribution network code, the Minister must prepare a draft of the code and consult with— entities the Minister is satisfied are likely to be affected by the proposed code; and entities representing gas consumers.\n- (a) is needed urgently; or\n- (b) will not be materially detrimental to anyone’s interests.\n- (a) entities the Minister is satisfied are likely to be affected by the proposed code; and\n- (b) entities representing gas consumers.","sortOrder":336},{"sectionNumber":"sec.270C","sectionType":"section","heading":"Gazettal and taking of effect of code","content":"### sec.270C Gazettal and taking of effect of code\n\nThe Minister must, as soon as practicable after making an initial distribution network code, publish a gazette notice stating the Minister has made the code and where it may be inspected.\nThe code takes effect on the later of the following days—\na day of effect stated in the gazette notice;\nif no day of effect is stated in the notice—the day the notice is gazetted.\ns 270C ins 2006 No. 60 s 145\namd 2014 No. 48 s 183 sch 1\n(sec.270C-ssec.1) The Minister must, as soon as practicable after making an initial distribution network code, publish a gazette notice stating the Minister has made the code and where it may be inspected.\n(sec.270C-ssec.2) The code takes effect on the later of the following days— a day of effect stated in the gazette notice; if no day of effect is stated in the notice—the day the notice is gazetted.\n- (a) a day of effect stated in the gazette notice;\n- (b) if no day of effect is stated in the notice—the day the notice is gazetted.","sortOrder":337},{"sectionNumber":"sec.270D","sectionType":"section","heading":"Tabling of code","content":"### sec.270D Tabling of code\n\nWithin 14 days after an initial distribution network code takes effect, the Minister must table a copy in the Legislative Assembly.\nThe copy is tabled for information only.\nA failure to table the copy does not affect the code’s ongoing effect.\ns 270D ins 2006 No. 60 s 145\namd 2014 No. 48 s 183 sch 1\n(sec.270D-ssec.1) Within 14 days after an initial distribution network code takes effect, the Minister must table a copy in the Legislative Assembly.\n(sec.270D-ssec.2) The copy is tabled for information only.\n(sec.270D-ssec.3) A failure to table the copy does not affect the code’s ongoing effect.","sortOrder":338},{"sectionNumber":"ch.5A-pt.2","sectionType":"part","heading":"QCA distribution network codes","content":"# QCA distribution network codes","sortOrder":339},{"sectionNumber":"sec.270E","sectionType":"section","heading":"QCA may make distribution network code","content":"### sec.270E QCA may make distribution network code\n\nSubject to sections 270F and 270G , QCA may make distribution network codes.\nHowever, a code made by QCA has no effect unless it is approved by the Minister.\nA code may provide for any matter that may be provided for under an initial distribution network code.\nSections 270A and 270B apply to the making of a distribution network code by QCA as if the code were an initial distribution network code.\ns 270E ins 2006 No. 60 s 145\namd 2014 No. 48 s 183 sch 1\n(sec.270E-ssec.1) Subject to sections 270F and 270G , QCA may make distribution network codes.\n(sec.270E-ssec.2) However, a code made by QCA has no effect unless it is approved by the Minister.\n(sec.270E-ssec.3) A code may provide for any matter that may be provided for under an initial distribution network code.\n(sec.270E-ssec.4) Sections 270A and 270B apply to the making of a distribution network code by QCA as if the code were an initial distribution network code.","sortOrder":340},{"sectionNumber":"sec.270F","sectionType":"section","heading":"QCA code objective","content":"### sec.270F QCA code objective\n\nThe objective (the QCA code objective ) of a distribution network code made by QCA is to promote efficient investment in, and efficient use of, covered gas services for the long-term interests of Queensland customers of covered gas about price, quality, safety, reliability and security of supply of the covered gas.\nQCA may make a distribution network code only if it is satisfied the code will, or is likely to, contribute to the achievement of the QCA code objective.\ns 270F ins 2006 No. 60 s 145\namd 2014 No. 48 s 183 sch 1 ; 2023 No. 25 s 31 sch 1\n(sec.270F-ssec.1) The objective (the QCA code objective ) of a distribution network code made by QCA is to promote efficient investment in, and efficient use of, covered gas services for the long-term interests of Queensland customers of covered gas about price, quality, safety, reliability and security of supply of the covered gas.\n(sec.270F-ssec.2) QCA may make a distribution network code only if it is satisfied the code will, or is likely to, contribute to the achievement of the QCA code objective.","sortOrder":341},{"sectionNumber":"sec.270G","sectionType":"section","heading":"Required consultation","content":"### sec.270G Required consultation\n\nThis section applies if QCA proposes to make a distribution network code, unless QCA considers the code—\nis needed urgently; or\ncan not be materially detrimental to anyone’s interests.\nBefore QCA makes the distribution network code it must prepare a draft of the code and engage in the consultation prescribed under a regulation.\ns 270G ins 2006 No. 60 s 145 (amd 2007 No. 17 s 48 (1) )\namd 2014 No. 48 s 183 sch 1\n(sec.270G-ssec.1) This section applies if QCA proposes to make a distribution network code, unless QCA considers the code— is needed urgently; or can not be materially detrimental to anyone’s interests.\n(sec.270G-ssec.2) Before QCA makes the distribution network code it must prepare a draft of the code and engage in the consultation prescribed under a regulation.\n- (a) is needed urgently; or\n- (b) can not be materially detrimental to anyone’s interests.","sortOrder":342},{"sectionNumber":"sec.270H","sectionType":"section","heading":"Ministerial approval","content":"### sec.270H Ministerial approval\n\nQCA must, as soon as practicable after making a distribution network code, give the Minister a copy.\nThe Minister may, within 20 business days after receiving the code, decide whether to approve it.\nThe Minister must, in making the decision, have regard to the QCA code objective.\nIf the decision is not to approve the code, the Minister must, as soon as practicable after the making of the decision, give QCA a notice stating the decision, and the reasons for it.\nIf the Minister does not make the decision within the 20 business days, the Minister is taken to have approved the code.\ns 270H ins 2006 No. 60 s 145\namd 2014 No. 48 s 183 sch 1\n(sec.270H-ssec.1) QCA must, as soon as practicable after making a distribution network code, give the Minister a copy.\n(sec.270H-ssec.2) The Minister may, within 20 business days after receiving the code, decide whether to approve it.\n(sec.270H-ssec.3) The Minister must, in making the decision, have regard to the QCA code objective.\n(sec.270H-ssec.4) If the decision is not to approve the code, the Minister must, as soon as practicable after the making of the decision, give QCA a notice stating the decision, and the reasons for it.\n(sec.270H-ssec.5) If the Minister does not make the decision within the 20 business days, the Minister is taken to have approved the code.","sortOrder":343},{"sectionNumber":"sec.270I","sectionType":"section","heading":"When approved QCA distribution network code takes effect","content":"### sec.270I When approved QCA distribution network code takes effect\n\nThis section applies for a distribution network code made by QCA only if the Minister approves the code.\nQCA must, as soon as practicable after the approval, publish a gazette notice stating the Minister has approved the code and where it may be inspected.\nThe code takes effect on the later of the following days—\na day of effect stated in the gazette notice;\nif no day of effect is stated in the notice—the day the notice is gazetted.\ns 270I ins 2006 No. 60 s 145\namd 2014 No. 48 s 183 sch 1\n(sec.270I-ssec.1) This section applies for a distribution network code made by QCA only if the Minister approves the code.\n(sec.270I-ssec.2) QCA must, as soon as practicable after the approval, publish a gazette notice stating the Minister has approved the code and where it may be inspected.\n(sec.270I-ssec.3) The code takes effect on the later of the following days— a day of effect stated in the gazette notice; if no day of effect is stated in the notice—the day the notice is gazetted.\n- (a) a day of effect stated in the gazette notice;\n- (b) if no day of effect is stated in the notice—the day the notice is gazetted.","sortOrder":344},{"sectionNumber":"sec.270J","sectionType":"section","heading":"Tabling of QCA distribution network code","content":"### sec.270J Tabling of QCA distribution network code\n\nIf a distribution network code made by QCA takes effect, the Minister must, within 14 sitting days, table a copy of the code in the Legislative Assembly.\nThe copy is tabled for information only.\nA failure to table the copy does not affect the code’s ongoing effect.\ns 270J ins 2006 No. 60 s 145\namd 2014 No. 48 s 183 sch 1\n(sec.270J-ssec.1) If a distribution network code made by QCA takes effect, the Minister must, within 14 sitting days, table a copy of the code in the Legislative Assembly.\n(sec.270J-ssec.2) The copy is tabled for information only.\n(sec.270J-ssec.3) A failure to table the copy does not affect the code’s ongoing effect.","sortOrder":345},{"sectionNumber":"ch.5A-pt.3","sectionType":"part","heading":"Review of distribution network codes and related matters","content":"# Review of distribution network codes and related matters","sortOrder":346},{"sectionNumber":"sec.270K","sectionType":"section","heading":"Direction by Minister to review","content":"### sec.270K Direction by Minister to review\n\nThe Minister may, by gazette notice, give QCA a written direction to conduct a review into—\nany matter relating to the Queensland reticulated covered gas markets; or\nthe operation and effectiveness of a distribution network code; or\nany matter relating to a distribution network code.\nQCA must comply with the direction.\nQCA must publish the direction on its website.\ns 270K ins 2006 No. 60 s 145\namd 2014 No. 48 s 183 sch 1 ; 2023 No. 25 s 31 sch 1\n(sec.270K-ssec.1) The Minister may, by gazette notice, give QCA a written direction to conduct a review into— any matter relating to the Queensland reticulated covered gas markets; or the operation and effectiveness of a distribution network code; or any matter relating to a distribution network code.\n(sec.270K-ssec.2) QCA must comply with the direction.\n(sec.270K-ssec.3) QCA must publish the direction on its website.\n- (a) any matter relating to the Queensland reticulated covered gas markets; or\n- (b) the operation and effectiveness of a distribution network code; or\n- (c) any matter relating to a distribution network code.","sortOrder":347},{"sectionNumber":"sec.270L","sectionType":"section","heading":"Terms of reference","content":"### sec.270L Terms of reference\n\nThe direction may do all or any of the following—\nstate the terms of reference of the review;\nrequire QCA to give the Minister a report on the review within a stated period;\nrequire QCA to make the report publicly available or available to a stated entity;\nrequire QCA to, during the review, make a draft report publicly available or available to a stated entity;\nrequire QCA to, in conducting the review—\nconsider stated matters; and\nhave stated objectives;\ngive QCA other directions the Minister considers appropriate.\ns 270L ins 2006 No. 60 s 145\n- (a) state the terms of reference of the review;\n- (b) require QCA to give the Minister a report on the review within a stated period;\n- (c) require QCA to make the report publicly available or available to a stated entity;\n- (d) require QCA to, during the review, make a draft report publicly available or available to a stated entity;\n- (e) require QCA to, in conducting the review— (i) consider stated matters; and (ii) have stated objectives;\n- (i) consider stated matters; and\n- (ii) have stated objectives;\n- (f) give QCA other directions the Minister considers appropriate.\n- (i) consider stated matters; and\n- (ii) have stated objectives;","sortOrder":348},{"sectionNumber":"sec.270M","sectionType":"section","heading":"Notice of review or amended term of reference or direction","content":"### sec.270M Notice of review or amended term of reference or direction\n\nQCA must publish a notice of the following on its website and in a Statewide newspaper—\nthe review;\nif a term of reference or direction relating to the review is amended—the amended term of reference or direction.\ns 270M ins 2006 No. 60 s 145\n- (a) the review;\n- (b) if a term of reference or direction relating to the review is amended—the amended term of reference or direction.","sortOrder":349},{"sectionNumber":"sec.270N","sectionType":"section","heading":"Conduct of review","content":"### sec.270N Conduct of review\n\nThe QCA Act, part 6 , other than section 171 , (the applied part ) applies for the review—\nas if a reference in the applied part to an investigation were a reference to the review; and\nas if the QCA Act, section 176 (3) , required the notice mentioned in that subsection to be given to any entity that QCA knows would be potentially affected by the review.\nHowever, the applied part applies subject to any requirement or direction of the Minister.\ns 270N ins 2006 No. 60 s 145\n(sec.270N-ssec.1) The QCA Act, part 6 , other than section 171 , (the applied part ) applies for the review— as if a reference in the applied part to an investigation were a reference to the review; and as if the QCA Act, section 176 (3) , required the notice mentioned in that subsection to be given to any entity that QCA knows would be potentially affected by the review.\n(sec.270N-ssec.2) However, the applied part applies subject to any requirement or direction of the Minister.\n- (a) as if a reference in the applied part to an investigation were a reference to the review; and\n- (b) as if the QCA Act, section 176 (3) , required the notice mentioned in that subsection to be given to any entity that QCA knows would be potentially affected by the review.","sortOrder":350},{"sectionNumber":"ch.5A-pt.4","sectionType":"part","heading":"Amending distribution network codes","content":"# Amending distribution network codes","sortOrder":351},{"sectionNumber":"sec.270O","sectionType":"section","heading":"Application of pt 4","content":"### sec.270O Application of pt 4\n\nThis part applies if QCA proposes to amend a distribution network code.\ns 270O ins 2006 No. 60 s 145 (amd 2007 No. 17 s 48 (2) )\namd 2014 No. 48 s 183 sch 1","sortOrder":352},{"sectionNumber":"sec.270OA","sectionType":"section","heading":"Required consultation for amendment","content":"### sec.270OA Required consultation for amendment\n\nBefore QCA may make the amendment it must prepare a draft of the amendment and engage in the consultation prescribed under a regulation.\nHowever, subsection (1) does not apply if QCA considers the amendment—\nis needed urgently; or\ndoes not materially detriment anyone’s interests; or\nis of an uncontroversial nature; or\ncorrects an error.\nTo remove any doubt, it is declared that subsection (2) (d) applies even if the correction is materially detrimental to someone’s interests.\ns 270OA ins 2006 No. 60 s 145 (amd 2007 No. 17 s 48 (2) )\n(sec.270OA-ssec.1) Before QCA may make the amendment it must prepare a draft of the amendment and engage in the consultation prescribed under a regulation.\n(sec.270OA-ssec.2) However, subsection (1) does not apply if QCA considers the amendment— is needed urgently; or does not materially detriment anyone’s interests; or is of an uncontroversial nature; or corrects an error.\n(sec.270OA-ssec.3) To remove any doubt, it is declared that subsection (2) (d) applies even if the correction is materially detrimental to someone’s interests.\n- (a) is needed urgently; or\n- (b) does not materially detriment anyone’s interests; or\n- (c) is of an uncontroversial nature; or\n- (d) corrects an error.","sortOrder":353},{"sectionNumber":"sec.270OB","sectionType":"section","heading":"Application of pt 2 other than its consultation provision","content":"### sec.270OB Application of pt 2 other than its consultation provision\n\nThe provisions of part 2 , other than section 270G , apply to the amendment—\nas if a reference in the provisions to making the code were a reference to the making of the amendment; and\nas if a reference in the provisions to the code were a reference to the amendment.\ns 270OB ins 2006 No. 60 s 145 (amd 2007 No. 17 s 48 (2) )\n- (a) as if a reference in the provisions to making the code were a reference to the making of the amendment; and\n- (b) as if a reference in the provisions to the code were a reference to the amendment.","sortOrder":354},{"sectionNumber":"ch.5A-pt.5","sectionType":"part","heading":"Enforcing distribution network codes","content":"# Enforcing distribution network codes","sortOrder":355},{"sectionNumber":"ch.5A-pt.5-div.1","sectionType":"division","heading":"Code contravention notices","content":"## Code contravention notices","sortOrder":356},{"sectionNumber":"sec.270P","sectionType":"section","heading":"Application of div 1","content":"### sec.270P Application of div 1\n\nThis division applies if QCA suspects—\na distributor—\nhas contravened, or is contravening, a distribution network code; or\nis involved in an activity that is likely to result in a contravention of a distribution network code; and\nthe contravention or likely contravention is, or is likely to be, a material contravention of the code.\ns 270P ins 2006 No. 60 s 145\namd 2014 No. 48 s 183 sch 1\n- (a) a distributor— (i) has contravened, or is contravening, a distribution network code; or (ii) is involved in an activity that is likely to result in a contravention of a distribution network code; and\n- (i) has contravened, or is contravening, a distribution network code; or\n- (ii) is involved in an activity that is likely to result in a contravention of a distribution network code; and\n- (b) the contravention or likely contravention is, or is likely to be, a material contravention of the code.\n- (i) has contravened, or is contravening, a distribution network code; or\n- (ii) is involved in an activity that is likely to result in a contravention of a distribution network code; and","sortOrder":357},{"sectionNumber":"sec.270Q","sectionType":"section","heading":"Criteria for deciding material contravention","content":"### sec.270Q Criteria for deciding material contravention\n\nThis section applies to the making of any decision under this Act about whether a contravention of a distribution network code is a material contravention of the code.\nRegard must be had to the QCA code objective.\nSubsection (2) does not limit or otherwise affect what may be considered in making the decision.\ns 270Q ins 2006 No. 60 s 145\namd 2014 No. 48 s 183 sch 1\n(sec.270Q-ssec.1) This section applies to the making of any decision under this Act about whether a contravention of a distribution network code is a material contravention of the code.\n(sec.270Q-ssec.2) Regard must be had to the QCA code objective.\n(sec.270Q-ssec.3) Subsection (2) does not limit or otherwise affect what may be considered in making the decision.","sortOrder":358},{"sectionNumber":"sec.270R","sectionType":"section","heading":"Warning notice may be given","content":"### sec.270R Warning notice may be given\n\nQCA may give the distributor a notice (the warning notice ), warning the distributor that QCA proposes to give the distributor a further notice about the contravention or likely contravention (a code contravention notice ).\nQCA must make the decision about whether to give the warning notice as soon as practicable after forming the suspicion.\nHowever, a failure to comply with subsection (2) does not affect the validity of the warning notice or any subsequent code contravention notice.\nDespite subsections (2) and (3) , if the warning notice is proposed to be given for a contravention, it can only be given within 2 years after the day on which the contravention happened.\ns 270R ins 2006 No. 60 s 145\namd 2014 No. 48 s 183 sch 1\n(sec.270R-ssec.1) QCA may give the distributor a notice (the warning notice ), warning the distributor that QCA proposes to give the distributor a further notice about the contravention or likely contravention (a code contravention notice ).\n(sec.270R-ssec.2) QCA must make the decision about whether to give the warning notice as soon as practicable after forming the suspicion.\n(sec.270R-ssec.3) However, a failure to comply with subsection (2) does not affect the validity of the warning notice or any subsequent code contravention notice.\n(sec.270R-ssec.4) Despite subsections (2) and (3) , if the warning notice is proposed to be given for a contravention, it can only be given within 2 years after the day on which the contravention happened.","sortOrder":359},{"sectionNumber":"sec.270S","sectionType":"section","heading":"Requirements for warning notice","content":"### sec.270S Requirements for warning notice\n\nThe warning notice must state each of the following—\nparticulars of the contravention or likely contravention;\nthat QCA proposes to give the distributor a code contravention notice unless the distributor—\ntakes steps reasonably necessary to remedy the contravention or avoid the likely contravention; and\ngives QCA a written assurance (a conduct assurance ), in the terms stated in the warning notice, that the distributor will—\navoid any similar future contravention; and\ntake steps reasonably necessary to avoid a future recurrence of the contravention;\na period (the warning period ) after which the code contravention notice may be given unless the warning notice is complied with;\nthat the distributor may make, within the period, written submissions to show why the proposed code contravention notice should not be given.\nThe warning period must be—\nif the warning notice is given because QCA considers the contravention or likely contravention is of a type that requires urgent action—a period that QCA considers is reasonable in the circumstances; or\notherwise—at least 20 business days.\nThe warning notice may also state the steps QCA reasonably believes are necessary to remedy the contravention or avoid its future recurrence, or avoid the likely contravention.\nrefunding an amount wrongly paid because of the contravention\npaying compensation to someone who has damage, injury or loss because of the contravention\ndisclosing particular information\npublishing advertisements about the contravention or action to remedy it\ns 270S ins 2006 No. 60 s 145\namd 2014 No. 48 s 183 sch 1\n(sec.270S-ssec.1) The warning notice must state each of the following— particulars of the contravention or likely contravention; that QCA proposes to give the distributor a code contravention notice unless the distributor— takes steps reasonably necessary to remedy the contravention or avoid the likely contravention; and gives QCA a written assurance (a conduct assurance ), in the terms stated in the warning notice, that the distributor will— avoid any similar future contravention; and take steps reasonably necessary to avoid a future recurrence of the contravention; a period (the warning period ) after which the code contravention notice may be given unless the warning notice is complied with; that the distributor may make, within the period, written submissions to show why the proposed code contravention notice should not be given.\n(sec.270S-ssec.2) The warning period must be— if the warning notice is given because QCA considers the contravention or likely contravention is of a type that requires urgent action—a period that QCA considers is reasonable in the circumstances; or otherwise—at least 20 business days.\n(sec.270S-ssec.3) The warning notice may also state the steps QCA reasonably believes are necessary to remedy the contravention or avoid its future recurrence, or avoid the likely contravention. refunding an amount wrongly paid because of the contravention paying compensation to someone who has damage, injury or loss because of the contravention disclosing particular information publishing advertisements about the contravention or action to remedy it\n- (a) particulars of the contravention or likely contravention;\n- (b) that QCA proposes to give the distributor a code contravention notice unless the distributor— (i) takes steps reasonably necessary to remedy the contravention or avoid the likely contravention; and (ii) gives QCA a written assurance (a conduct assurance ), in the terms stated in the warning notice, that the distributor will— (A) avoid any similar future contravention; and (B) take steps reasonably necessary to avoid a future recurrence of the contravention;\n- (i) takes steps reasonably necessary to remedy the contravention or avoid the likely contravention; and\n- (ii) gives QCA a written assurance (a conduct assurance ), in the terms stated in the warning notice, that the distributor will— (A) avoid any similar future contravention; and (B) take steps reasonably necessary to avoid a future recurrence of the contravention;\n- (A) avoid any similar future contravention; and\n- (B) take steps reasonably necessary to avoid a future recurrence of the contravention;\n- (c) a period (the warning period ) after which the code contravention notice may be given unless the warning notice is complied with;\n- (d) that the distributor may make, within the period, written submissions to show why the proposed code contravention notice should not be given.\n- (i) takes steps reasonably necessary to remedy the contravention or avoid the likely contravention; and\n- (ii) gives QCA a written assurance (a conduct assurance ), in the terms stated in the warning notice, that the distributor will— (A) avoid any similar future contravention; and (B) take steps reasonably necessary to avoid a future recurrence of the contravention;\n- (A) avoid any similar future contravention; and\n- (B) take steps reasonably necessary to avoid a future recurrence of the contravention;\n- (A) avoid any similar future contravention; and\n- (B) take steps reasonably necessary to avoid a future recurrence of the contravention;\n- (a) if the warning notice is given because QCA considers the contravention or likely contravention is of a type that requires urgent action—a period that QCA considers is reasonable in the circumstances; or\n- (b) otherwise—at least 20 business days.\n- • refunding an amount wrongly paid because of the contravention\n- • paying compensation to someone who has damage, injury or loss because of the contravention\n- • disclosing particular information\n- • publishing advertisements about the contravention or action to remedy it","sortOrder":360},{"sectionNumber":"sec.270T","sectionType":"section","heading":"Considering submissions on warning notice","content":"### sec.270T Considering submissions on warning notice\n\nQCA must consider any written submission made under section 270S (1) (d) by the distributor within the period stated in the warning notice.\nIf QCA at any time decides not to give the proposed code contravention notice, it must, as soon as practicable, give the distributor notice of the decision.\ns 270T ins 2006 No. 60 s 145\namd 2014 No. 48 s 183 sch 1\n(sec.270T-ssec.1) QCA must consider any written submission made under section 270S (1) (d) by the distributor within the period stated in the warning notice.\n(sec.270T-ssec.2) If QCA at any time decides not to give the proposed code contravention notice, it must, as soon as practicable, give the distributor notice of the decision.","sortOrder":361},{"sectionNumber":"sec.270U","sectionType":"section","heading":"Giving of code contravention notice","content":"### sec.270U Giving of code contravention notice\n\nQCA may give the proposed code contravention notice if—\nthe distributor has not complied with the warning notice; and\nafter complying with section 270T , QCA still believes the code contravention notice ought to be given.\nThe code contravention notice must state—\nthat the distributor—\nhas contravened, or is contravening, a distribution network code; or\nis likely to contravene a distribution network code; and\nthe contravention or likely contravention is, or is likely to be, a material contravention of the code; and\nparticulars of the contravention or likely contravention.\nSubsection (4) applies if the warning notice was given on the basis of a contravention of the distribution network code and the distributor—\nhas taken steps reasonably necessary to remedy the contravention; but\nhas not given the conduct assurance required under the warning notice.\nQCA may give the code contravention notice on the basis that the distributor is still involved in an activity that is, or is likely to result in, a material contravention of the distribution network code.\nUnder section 307A , a certified copy of a conduct notice is, for a proceeding under or relating to this Act, amongst other things, evidence of the contravention or other things stated in it.\ns 270U ins 2006 No. 60 s 145\namd 2014 No. 48 s 183 sch 1\n(sec.270U-ssec.1) QCA may give the proposed code contravention notice if— the distributor has not complied with the warning notice; and after complying with section 270T , QCA still believes the code contravention notice ought to be given.\n(sec.270U-ssec.2) The code contravention notice must state— that the distributor— has contravened, or is contravening, a distribution network code; or is likely to contravene a distribution network code; and the contravention or likely contravention is, or is likely to be, a material contravention of the code; and particulars of the contravention or likely contravention.\n(sec.270U-ssec.3) Subsection (4) applies if the warning notice was given on the basis of a contravention of the distribution network code and the distributor— has taken steps reasonably necessary to remedy the contravention; but has not given the conduct assurance required under the warning notice.\n(sec.270U-ssec.4) QCA may give the code contravention notice on the basis that the distributor is still involved in an activity that is, or is likely to result in, a material contravention of the distribution network code. Under section 307A , a certified copy of a conduct notice is, for a proceeding under or relating to this Act, amongst other things, evidence of the contravention or other things stated in it.\n- (a) the distributor has not complied with the warning notice; and\n- (b) after complying with section 270T , QCA still believes the code contravention notice ought to be given.\n- (a) that the distributor— (i) has contravened, or is contravening, a distribution network code; or (ii) is likely to contravene a distribution network code; and\n- (i) has contravened, or is contravening, a distribution network code; or\n- (ii) is likely to contravene a distribution network code; and\n- (b) the contravention or likely contravention is, or is likely to be, a material contravention of the code; and\n- (c) particulars of the contravention or likely contravention.\n- (i) has contravened, or is contravening, a distribution network code; or\n- (ii) is likely to contravene a distribution network code; and\n- (a) has taken steps reasonably necessary to remedy the contravention; but\n- (b) has not given the conduct assurance required under the warning notice.","sortOrder":362},{"sectionNumber":"sec.270V","sectionType":"section","heading":"Duration of code contravention notice","content":"### sec.270V Duration of code contravention notice\n\nThe code contravention notice—\ncomes into effect—\nwhen it is made; or\nif it states a later time—at the later time; and\nends—\non the day stated in the notice; or\nif it is cancelled before that day—when it is cancelled.\ns 270V ins 2006 No. 60 s 145\n- (a) comes into effect— (i) when it is made; or (ii) if it states a later time—at the later time; and\n- (i) when it is made; or\n- (ii) if it states a later time—at the later time; and\n- (b) ends— (i) on the day stated in the notice; or (ii) if it is cancelled before that day—when it is cancelled.\n- (i) on the day stated in the notice; or\n- (ii) if it is cancelled before that day—when it is cancelled.\n- (i) when it is made; or\n- (ii) if it states a later time—at the later time; and\n- (i) on the day stated in the notice; or\n- (ii) if it is cancelled before that day—when it is cancelled.","sortOrder":363},{"sectionNumber":"ch.5A-pt.5-div.2","sectionType":"division","heading":"Proceedings","content":"## Proceedings","sortOrder":364},{"sectionNumber":"sec.270W","sectionType":"section","heading":"Proceeding for civil penalty order","content":"### sec.270W Proceeding for civil penalty order\n\nThis section applies if, on the application of QCA, the Supreme Court is satisfied a distributor has—\ncommitted a material contravention of a distribution network code; or\nattempted to commit a material contravention of a distribution network code; or\nbeen involved in a material contravention of a distribution network code.\nThe court may order the distributor to pay the State as a civil penalty an amount of no more than—\nfor an individual—$100000; or\nfor a corporation—$500000.\nIn fixing the penalty, the court must consider—\nthe nature and extent of—\nthe contravention; and\nloss or damage suffered because of the contravention; and\nthe circumstances in which the contravention took place; and\nwhether the distributor has previously been found by the court in proceedings under this Act to have engaged in any similar conduct.\nFor subsection (1) (c) , a distributor is involved in a contravention if the distributor—\nhas aided, abetted, counselled or procured the contravention; or\nhas induced the contravention, whether through threats, promises or in another way; or\nhas been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention; or\nhas conspired with others to effect the contravention.\nSee also chapter 6 , part 3 , division 3 (Provisions for civil penalty proceedings).\ns 270W ins 2006 No. 60 s 145 (amd 2007 No. 17 s 48 (3) )\namd 2014 No. 48 s 183 sch 1\n(sec.270W-ssec.1) This section applies if, on the application of QCA, the Supreme Court is satisfied a distributor has— committed a material contravention of a distribution network code; or attempted to commit a material contravention of a distribution network code; or been involved in a material contravention of a distribution network code.\n(sec.270W-ssec.2) The court may order the distributor to pay the State as a civil penalty an amount of no more than— for an individual—$100000; or for a corporation—$500000.\n(sec.270W-ssec.3) In fixing the penalty, the court must consider— the nature and extent of— the contravention; and loss or damage suffered because of the contravention; and the circumstances in which the contravention took place; and whether the distributor has previously been found by the court in proceedings under this Act to have engaged in any similar conduct.\n(sec.270W-ssec.4) For subsection (1) (c) , a distributor is involved in a contravention if the distributor— has aided, abetted, counselled or procured the contravention; or has induced the contravention, whether through threats, promises or in another way; or has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention; or has conspired with others to effect the contravention. See also chapter 6 , part 3 , division 3 (Provisions for civil penalty proceedings).\n- (a) committed a material contravention of a distribution network code; or\n- (b) attempted to commit a material contravention of a distribution network code; or\n- (c) been involved in a material contravention of a distribution network code.\n- (a) for an individual—$100000; or\n- (b) for a corporation—$500000.\n- (a) the nature and extent of— (i) the contravention; and (ii) loss or damage suffered because of the contravention; and\n- (i) the contravention; and\n- (ii) loss or damage suffered because of the contravention; and\n- (b) the circumstances in which the contravention took place; and\n- (c) whether the distributor has previously been found by the court in proceedings under this Act to have engaged in any similar conduct.\n- (i) the contravention; and\n- (ii) loss or damage suffered because of the contravention; and\n- (a) has aided, abetted, counselled or procured the contravention; or\n- (b) has induced the contravention, whether through threats, promises or in another way; or\n- (c) has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention; or\n- (d) has conspired with others to effect the contravention.","sortOrder":365},{"sectionNumber":"sec.270X","sectionType":"section","heading":"How order enforced","content":"### sec.270X How order enforced\n\nIf the Supreme Court orders payment of an amount under section 270W (2) , the State may enforce the order as a judgment of the court for a debt of that amount.\ns 270X ins 2006 No. 60 s 145","sortOrder":366},{"sectionNumber":"sec.270Y","sectionType":"section","heading":"Injunctions","content":"### sec.270Y Injunctions\n\nThe Supreme Court may, on the application of QCA, grant an injunction if satisfied a distributor has engaged, or is proposing to engage, in conduct that constitutes, or would constitute, any of the following—\na contravention of a distribution network code;\nattempting to contravene a distribution network code;\naiding, abetting, counselling or procuring a distributor to contravene a distribution network code;\ninducing, or attempting to induce, whether by threats, promises or otherwise, a distributor to contravene a distribution network code;\nbeing in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a distributor of a distribution network code;\nconspiring with others to contravene a distribution network code.\nAn injunction may be granted on conditions.\nThe court may also grant an injunction by consent of all parties to the application, whether or not the court is satisfied a distributor has engaged, or is proposing to engage, in conduct of a type mentioned in subsection (1) .\nThe court may grant an interim injunction pending its decision on the application.\nThe court must not require anyone, as a condition of granting an interim injunction, to give an undertaking as to damages.\nThe court may amend an injunction or interim injunction.\nAn injunction or interim injunction restraining a distributor from engaging in conduct may be granted whether or not—\nit appears to the court that the distributor intends to engage again, or to continue to engage, in conduct of that kind; or\nthe distributor has previously engaged in conduct of that kind; or\nthere is an imminent danger of substantial damage to another person if the person engages in conduct of that kind.\nAn injunction or interim injunction requiring a distributor to do an act or thing may be granted whether or not—\nit appears to the court that the distributor intends to fail again, or to continue to fail, to do that act or thing; or\nthe distributor has previously failed to do the act or thing; or\nthere is an imminent danger of substantial damage to another person if the distributor does not do the act or thing.\ns 270Y ins 2006 No. 60 s 145\namd 2014 No. 48 s 183 sch 1\n(sec.270Y-ssec.1) The Supreme Court may, on the application of QCA, grant an injunction if satisfied a distributor has engaged, or is proposing to engage, in conduct that constitutes, or would constitute, any of the following— a contravention of a distribution network code; attempting to contravene a distribution network code; aiding, abetting, counselling or procuring a distributor to contravene a distribution network code; inducing, or attempting to induce, whether by threats, promises or otherwise, a distributor to contravene a distribution network code; being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a distributor of a distribution network code; conspiring with others to contravene a distribution network code.\n(sec.270Y-ssec.2) An injunction may be granted on conditions.\n(sec.270Y-ssec.3) The court may also grant an injunction by consent of all parties to the application, whether or not the court is satisfied a distributor has engaged, or is proposing to engage, in conduct of a type mentioned in subsection (1) .\n(sec.270Y-ssec.4) The court may grant an interim injunction pending its decision on the application.\n(sec.270Y-ssec.5) The court must not require anyone, as a condition of granting an interim injunction, to give an undertaking as to damages.\n(sec.270Y-ssec.6) The court may amend an injunction or interim injunction.\n(sec.270Y-ssec.7) An injunction or interim injunction restraining a distributor from engaging in conduct may be granted whether or not— it appears to the court that the distributor intends to engage again, or to continue to engage, in conduct of that kind; or the distributor has previously engaged in conduct of that kind; or there is an imminent danger of substantial damage to another person if the person engages in conduct of that kind.\n(sec.270Y-ssec.8) An injunction or interim injunction requiring a distributor to do an act or thing may be granted whether or not— it appears to the court that the distributor intends to fail again, or to continue to fail, to do that act or thing; or the distributor has previously failed to do the act or thing; or there is an imminent danger of substantial damage to another person if the distributor does not do the act or thing.\n- (a) a contravention of a distribution network code;\n- (b) attempting to contravene a distribution network code;\n- (c) aiding, abetting, counselling or procuring a distributor to contravene a distribution network code;\n- (d) inducing, or attempting to induce, whether by threats, promises or otherwise, a distributor to contravene a distribution network code;\n- (e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a distributor of a distribution network code;\n- (f) conspiring with others to contravene a distribution network code.\n- (a) it appears to the court that the distributor intends to engage again, or to continue to engage, in conduct of that kind; or\n- (b) the distributor has previously engaged in conduct of that kind; or\n- (c) there is an imminent danger of substantial damage to another person if the person engages in conduct of that kind.\n- (a) it appears to the court that the distributor intends to fail again, or to continue to fail, to do that act or thing; or\n- (b) the distributor has previously failed to do the act or thing; or\n- (c) there is an imminent danger of substantial damage to another person if the distributor does not do the act or thing.","sortOrder":367},{"sectionNumber":"sec.270Z","sectionType":"section","heading":"Conduct by directors, servants or agents","content":"### sec.270Z Conduct by directors, servants or agents\n\nThis section applies to a proceeding under this division.\nIf—\nthe proceeding concerns alleged conduct engaged in by a distributor to which a distribution network code applies; and\nit is necessary to prove the distributor’s state of mind;\nit is enough to prove that a director, servant or agent (a representative ) of the distributor, acting within the scope of the representative’s actual or apparent authority, had the state of mind.\nConduct engaged in for a distributor by the following persons is taken to have been engaged in by the distributor—\na representative of the distributor, acting within the scope of the representative’s actual or apparent authority;\nanother person at the direction, or with the consent or agreement, of a representative of the distributor, if the giving of the direction, consent or agreement was within the scope of the representative’s actual or apparent authority.\nConduct engaged in for a distributor (the principal ) by the following persons is taken to have been engaged in by the principal—\na servant or agent of the principal, acting within the scope of the servant’s or agent’s actual or apparent authority;\nanother person at the direction or with the consent or agreement, of a servant or agent of the principal, if the giving of the direction, consent or agreement was within the scope of the servant’s or agent’s actual or apparent authority.\nIn this section—\nconsent or agreement includes an implied consent or agreement.\nstate of mind , of a person, may include—\nknowledge, intention, opinion, belief or purpose of the person; and\nthe person’s reasons for the person’s intention, opinion, belief or purpose.\ns 270Z ins 2006 No. 60 s 145\namd 2014 No. 48 s 183 sch 1\n(sec.270Z-ssec.1) This section applies to a proceeding under this division.\n(sec.270Z-ssec.2) If— the proceeding concerns alleged conduct engaged in by a distributor to which a distribution network code applies; and it is necessary to prove the distributor’s state of mind; it is enough to prove that a director, servant or agent (a representative ) of the distributor, acting within the scope of the representative’s actual or apparent authority, had the state of mind.\n(sec.270Z-ssec.3) Conduct engaged in for a distributor by the following persons is taken to have been engaged in by the distributor— a representative of the distributor, acting within the scope of the representative’s actual or apparent authority; another person at the direction, or with the consent or agreement, of a representative of the distributor, if the giving of the direction, consent or agreement was within the scope of the representative’s actual or apparent authority.\n(sec.270Z-ssec.4) Conduct engaged in for a distributor (the principal ) by the following persons is taken to have been engaged in by the principal— a servant or agent of the principal, acting within the scope of the servant’s or agent’s actual or apparent authority; another person at the direction or with the consent or agreement, of a servant or agent of the principal, if the giving of the direction, consent or agreement was within the scope of the servant’s or agent’s actual or apparent authority.\n(sec.270Z-ssec.5) In this section— consent or agreement includes an implied consent or agreement. state of mind , of a person, may include— knowledge, intention, opinion, belief or purpose of the person; and the person’s reasons for the person’s intention, opinion, belief or purpose.\n- (a) the proceeding concerns alleged conduct engaged in by a distributor to which a distribution network code applies; and\n- (b) it is necessary to prove the distributor’s state of mind;\n- (a) a representative of the distributor, acting within the scope of the representative’s actual or apparent authority;\n- (b) another person at the direction, or with the consent or agreement, of a representative of the distributor, if the giving of the direction, consent or agreement was within the scope of the representative’s actual or apparent authority.\n- (a) a servant or agent of the principal, acting within the scope of the servant’s or agent’s actual or apparent authority;\n- (b) another person at the direction or with the consent or agreement, of a servant or agent of the principal, if the giving of the direction, consent or agreement was within the scope of the servant’s or agent’s actual or apparent authority.\n- (a) knowledge, intention, opinion, belief or purpose of the person; and\n- (b) the person’s reasons for the person’s intention, opinion, belief or purpose.","sortOrder":368},{"sectionNumber":"ch.5A-pt.5-div.3","sectionType":"division","heading":"Referrals to regulator","content":"## Referrals to regulator","sortOrder":369},{"sectionNumber":"sec.270ZA","sectionType":"section","heading":"When QCA must refer material contravention","content":"### sec.270ZA When QCA must refer material contravention\n\nIf the Supreme Court decides a contravention of a distribution network code by a distributor is a material contravention of the code, QCA must refer the matter to the regulator.\ns 270ZA ins 2006 No. 60 s 145\namd 2014 No. 48 s 183 sch 1","sortOrder":370},{"sectionNumber":"sec.270ZB","sectionType":"section","heading":"When QCA may refer material contravention","content":"### sec.270ZB When QCA may refer material contravention\n\nIf QCA has given a distributor a warning notice for a material contravention or likely material contravention of a distribution network code, QCA may refer the matter to the regulator.\nThe referral may be made whether or not a code contravention notice has been given for, or a proceeding started under this division about, the contravention or likely contravention.\nIf QCA has applied for a civil penalty order under section 270W , section 270ZK prevents the regulator from imposing a similar penalty.\nHowever, the matter can not be referred before the giving of the warning notice.\ns 270ZB ins 2006 No. 60 s 145\namd 2014 No. 48 s 183 sch 1\n(sec.270ZB-ssec.1) If QCA has given a distributor a warning notice for a material contravention or likely material contravention of a distribution network code, QCA may refer the matter to the regulator.\n(sec.270ZB-ssec.2) The referral may be made whether or not a code contravention notice has been given for, or a proceeding started under this division about, the contravention or likely contravention. If QCA has applied for a civil penalty order under section 270W , section 270ZK prevents the regulator from imposing a similar penalty.\n(sec.270ZB-ssec.3) However, the matter can not be referred before the giving of the warning notice.","sortOrder":371},{"sectionNumber":"sec.270ZC","sectionType":"section","heading":"Guidelines for exercise of QCA powers for civil penalties","content":"### sec.270ZC Guidelines for exercise of QCA powers for civil penalties\n\nQCA must publish on its website guidelines about when it will do each of the following—\nunder section 270W , apply for a civil penalty order;\nunder section 270ZB , refer matters to the regulator.\nBefore publishing the guidelines, QCA must take steps it considers appropriate to consult with distributors and retailers.\nThe guidelines are not legally binding on QCA and are non-justiciable.\nThe guidelines must include information to the effect of subsection (3) .\ns 270ZC ins 2006 No. 60 s 145\n(sec.270ZC-ssec.1) QCA must publish on its website guidelines about when it will do each of the following— under section 270W , apply for a civil penalty order; under section 270ZB , refer matters to the regulator.\n(sec.270ZC-ssec.2) Before publishing the guidelines, QCA must take steps it considers appropriate to consult with distributors and retailers.\n(sec.270ZC-ssec.3) The guidelines are not legally binding on QCA and are non-justiciable.\n(sec.270ZC-ssec.4) The guidelines must include information to the effect of subsection (3) .\n- (a) under section 270W , apply for a civil penalty order;\n- (b) under section 270ZB , refer matters to the regulator.","sortOrder":372},{"sectionNumber":"sec.270ZD","sectionType":"section","heading":"How regulator deals with referral","content":"### sec.270ZD How regulator deals with referral\n\nIf, under this subdivision, QCA refers a matter to the regulator, the regulator may take either or both of the following actions against the relevant distributor—\nfor a distributor—impose a civil penalty, under chapter 6 , part 1A ;\nfor a distributor—action under chapter 2 , part 1 , division 3 .\ns 270ZD ins 2006 No. 60 s 145\namd 2014 No. 48 ss 158 , 183 sch 1\n- (a) for a distributor—impose a civil penalty, under chapter 6 , part 1A ;\n- (b) for a distributor—action under chapter 2 , part 1 , division 3 .","sortOrder":373},{"sectionNumber":"ch.5A-pt.5-div.4","sectionType":"division","heading":"Production of documents or information","content":"## Production of documents or information","sortOrder":374},{"sectionNumber":"sec.270ZE","sectionType":"section","heading":"Notice to produce documents or information","content":"### sec.270ZE Notice to produce documents or information\n\nThis section applies if QCA is conducting an investigation to find out whether a distributor is complying with a distribution network code.\nQCA may, by notice to the distributor, require the distributor to give QCA all or any of the following things QCA believes, on reasonable grounds, are relevant to the investigation—\ninformation within the distributor’s knowledge or possession;\ndocuments in the distributor’s custody, possession or power.\nThe notice must state—\nthe information or documents required; and\na period in which the documents or information are to be given of no less than 7 days; and\na reasonable place at which the documents or information are to be given.\nThe distributor must comply with the notice, unless it has a reasonable excuse.\nMaximum penalty—500 penalty units.\nA distributor is not required to comply with the notice if the distributor claims, on the ground of self-incrimination, a privilege the distributor would be entitled to claim against giving the information were the distributor a witness in a prosecution for an offence in the Supreme Court.\nIf the distributor claims that complying with the notice may tend to incriminate it, QCA or the distributor may make an application to the Supreme Court to decide the validity of the claim.\ns 270ZE ins 2006 No. 60 s 145\namd 2014 No. 48 s 183 sch 1\n(sec.270ZE-ssec.1) This section applies if QCA is conducting an investigation to find out whether a distributor is complying with a distribution network code.\n(sec.270ZE-ssec.2) QCA may, by notice to the distributor, require the distributor to give QCA all or any of the following things QCA believes, on reasonable grounds, are relevant to the investigation— information within the distributor’s knowledge or possession; documents in the distributor’s custody, possession or power.\n(sec.270ZE-ssec.3) The notice must state— the information or documents required; and a period in which the documents or information are to be given of no less than 7 days; and a reasonable place at which the documents or information are to be given.\n(sec.270ZE-ssec.4) The distributor must comply with the notice, unless it has a reasonable excuse. Maximum penalty—500 penalty units.\n(sec.270ZE-ssec.5) A distributor is not required to comply with the notice if the distributor claims, on the ground of self-incrimination, a privilege the distributor would be entitled to claim against giving the information were the distributor a witness in a prosecution for an offence in the Supreme Court.\n(sec.270ZE-ssec.6) If the distributor claims that complying with the notice may tend to incriminate it, QCA or the distributor may make an application to the Supreme Court to decide the validity of the claim.\n- (a) information within the distributor’s knowledge or possession;\n- (b) documents in the distributor’s custody, possession or power.\n- (a) the information or documents required; and\n- (b) a period in which the documents or information are to be given of no less than 7 days; and\n- (c) a reasonable place at which the documents or information are to be given.","sortOrder":375},{"sectionNumber":"sec.270ZF","sectionType":"section","heading":"Protection of confidential information given for investigation","content":"### sec.270ZF Protection of confidential information given for investigation\n\nThis section applies if—\nQCA is conducting an investigation to find out whether a distributor is complying with a distribution network code; and\nthe distributor gives QCA information for the purpose of the investigation, whether or not the giving of the information was required under section 270ZE .\nThe QCA Act, section 187 applies as if the information had been made available for an investigation under that Act.\nIn this section—\ninformation includes a document.\ns 270ZF ins 2006 No. 60 s 145\namd 2014 No. 48 s 183 sch 1\n(sec.270ZF-ssec.1) This section applies if— QCA is conducting an investigation to find out whether a distributor is complying with a distribution network code; and the distributor gives QCA information for the purpose of the investigation, whether or not the giving of the information was required under section 270ZE .\n(sec.270ZF-ssec.2) The QCA Act, section 187 applies as if the information had been made available for an investigation under that Act.\n(sec.270ZF-ssec.3) In this section— information includes a document.\n- (a) QCA is conducting an investigation to find out whether a distributor is complying with a distribution network code; and\n- (b) the distributor gives QCA information for the purpose of the investigation, whether or not the giving of the information was required under section 270ZE .","sortOrder":376},{"sectionNumber":"ch.5A-pt.5-div.5","sectionType":"division","heading":"Audits","content":"## Audits","sortOrder":377},{"sectionNumber":"sec.270ZG","sectionType":"section","heading":"QCA’s powers concerning audit of compliance with distribution network code","content":"### sec.270ZG QCA’s powers concerning audit of compliance with distribution network code\n\nQCA may, by notice to a distributor, require the distributor to—\ncarry out an internal audit of all or any of the following—\nthe distributor’s compliance with a distribution network code, either generally or about a stated particular matter or matters;\nthe reliability and quality of information given by the distributor to QCA, under this Act; or\nappoint a person as an independent auditor to carry out an audit of all or any of the things mentioned in paragraph (a) .\nThe notice may state terms of reference QCA requires for carrying out the audit.\nQCA may appoint a person as an independent auditor to carry out an audit of all or any of the things mentioned in subsection (1) (a) concerning the distributor, if—\nthe distributor does not comply with a notice given to it under the subsection; or\nQCA reasonably considers that a person appointed under subsection (1) does not have appropriate qualifications or experience for carrying out the audit.\nA person may be appointed as an independent auditor under subsection (1) (b) or (3) only if the appointer reasonably considers the person has the appropriate qualifications or experience for carrying out the audit.\ns 270ZG ins 2006 No. 60 s 145\namd 2014 No. 48 s 183 sch 1\n(sec.270ZG-ssec.1) QCA may, by notice to a distributor, require the distributor to— carry out an internal audit of all or any of the following— the distributor’s compliance with a distribution network code, either generally or about a stated particular matter or matters; the reliability and quality of information given by the distributor to QCA, under this Act; or appoint a person as an independent auditor to carry out an audit of all or any of the things mentioned in paragraph (a) .\n(sec.270ZG-ssec.2) The notice may state terms of reference QCA requires for carrying out the audit.\n(sec.270ZG-ssec.3) QCA may appoint a person as an independent auditor to carry out an audit of all or any of the things mentioned in subsection (1) (a) concerning the distributor, if— the distributor does not comply with a notice given to it under the subsection; or QCA reasonably considers that a person appointed under subsection (1) does not have appropriate qualifications or experience for carrying out the audit.\n(sec.270ZG-ssec.4) A person may be appointed as an independent auditor under subsection (1) (b) or (3) only if the appointer reasonably considers the person has the appropriate qualifications or experience for carrying out the audit.\n- (a) carry out an internal audit of all or any of the following— (i) the distributor’s compliance with a distribution network code, either generally or about a stated particular matter or matters; (ii) the reliability and quality of information given by the distributor to QCA, under this Act; or\n- (i) the distributor’s compliance with a distribution network code, either generally or about a stated particular matter or matters;\n- (ii) the reliability and quality of information given by the distributor to QCA, under this Act; or\n- (b) appoint a person as an independent auditor to carry out an audit of all or any of the things mentioned in paragraph (a) .\n- (i) the distributor’s compliance with a distribution network code, either generally or about a stated particular matter or matters;\n- (ii) the reliability and quality of information given by the distributor to QCA, under this Act; or\n- (a) the distributor does not comply with a notice given to it under the subsection; or\n- (b) QCA reasonably considers that a person appointed under subsection (1) does not have appropriate qualifications or experience for carrying out the audit.","sortOrder":378},{"sectionNumber":"sec.270ZH","sectionType":"section","heading":"Responsibility for cost of audit","content":"### sec.270ZH Responsibility for cost of audit\n\nA distributor required under section 270ZG (1) to carry out, or appoint an independent auditor to carry out, an audit is responsible for the cost of the audit.\nIf QCA appoints an independent auditor to carry out an audit concerning a distributor, the distributor must reimburse QCA for the cost of the audit if required to do so by QCA.\ns 270ZH ins 2006 No. 60 s 145\namd 2014 No. 48 s 183 sch 1\n(sec.270ZH-ssec.1) A distributor required under section 270ZG (1) to carry out, or appoint an independent auditor to carry out, an audit is responsible for the cost of the audit.\n(sec.270ZH-ssec.2) If QCA appoints an independent auditor to carry out an audit concerning a distributor, the distributor must reimburse QCA for the cost of the audit if required to do so by QCA.","sortOrder":379},{"sectionNumber":"sec.270ZI","sectionType":"section","heading":"Independent auditor may require reasonable help or information","content":"### sec.270ZI Independent auditor may require reasonable help or information\n\nAn independent auditor appointed under section 270ZG to carry out an audit concerning a distributor may require the distributor to give the auditor—\nreasonable help to carry out the audit; or\naccess to the distributor’s premises and records\nhelp from the distributor’s employees\ninformation, in a form reasonably required by the auditor, to help the auditor carry out the audit.\nA distributor required to give reasonable help under subsection (1) (a) , or information under subsection (1) (b) , must comply with the requirement unless the distributor has a reasonable excuse.\nMaximum penalty—1000 penalty units.\nIf the distributor is an individual, it is a reasonable excuse for the individual not to comply with the requirement if complying with the requirement might tend to incriminate the individual.\ns 270ZI ins 2006 No. 60 s 145\namd 2014 No. 48 s 183 sch 1\n(sec.270ZI-ssec.1) An independent auditor appointed under section 270ZG to carry out an audit concerning a distributor may require the distributor to give the auditor— reasonable help to carry out the audit; or access to the distributor’s premises and records help from the distributor’s employees information, in a form reasonably required by the auditor, to help the auditor carry out the audit.\n(sec.270ZI-ssec.2) A distributor required to give reasonable help under subsection (1) (a) , or information under subsection (1) (b) , must comply with the requirement unless the distributor has a reasonable excuse. Maximum penalty—1000 penalty units.\n(sec.270ZI-ssec.3) If the distributor is an individual, it is a reasonable excuse for the individual not to comply with the requirement if complying with the requirement might tend to incriminate the individual.\n- (a) reasonable help to carry out the audit; or Examples— • access to the distributor’s premises and records • help from the distributor’s employees\n- • access to the distributor’s premises and records\n- • help from the distributor’s employees\n- (b) information, in a form reasonably required by the auditor, to help the auditor carry out the audit.\n- • access to the distributor’s premises and records\n- • help from the distributor’s employees","sortOrder":380},{"sectionNumber":"sec.270ZJ","sectionType":"section","heading":"Audit report and submissions on report","content":"### sec.270ZJ Audit report and submissions on report\n\nA distributor required under section 270ZG (1) to carry out, or appoint an independent auditor to carry out, an audit must give a copy of the audit report to QCA.\nThe copy must be given as soon as practicable after the audit is completed.\nIf QCA appoints an independent auditor to carry out an audit concerning a distributor, QCA must give the distributor—\na copy of the draft audit report and an opportunity to make submissions to QCA on the draft report; and\na copy of the final audit report and an opportunity to make further submissions to QCA on the final report.\ns 270ZJ ins 2006 No. 60 s 145\namd 2014 No. 48 s 183 sch 1\n(sec.270ZJ-ssec.1) A distributor required under section 270ZG (1) to carry out, or appoint an independent auditor to carry out, an audit must give a copy of the audit report to QCA.\n(sec.270ZJ-ssec.2) The copy must be given as soon as practicable after the audit is completed.\n(sec.270ZJ-ssec.3) If QCA appoints an independent auditor to carry out an audit concerning a distributor, QCA must give the distributor— a copy of the draft audit report and an opportunity to make submissions to QCA on the draft report; and a copy of the final audit report and an opportunity to make further submissions to QCA on the final report.\n- (a) a copy of the draft audit report and an opportunity to make submissions to QCA on the draft report; and\n- (b) a copy of the final audit report and an opportunity to make further submissions to QCA on the final report.","sortOrder":381},{"sectionNumber":"ch.5A-pt.6","sectionType":"part","heading":"Miscellaneous provisions","content":"# Miscellaneous provisions","sortOrder":382},{"sectionNumber":"sec.270ZJA","sectionType":"section","heading":"Relationship with Fair Trading Act 1989","content":"### sec.270ZJA Relationship with Fair Trading Act 1989\n\nTo remove any doubt, it is declared that a distribution network code does not limit or otherwise affect the operation of the Fair Trading Act 1989 , including the Australian Consumer Law (Queensland) forming part of that Act.\ns 270ZJA ins 2006 No. 60 s 145 (amd 2007 No. 29 s 13 )\namd 2010 No. 54 s 67 sch ; 2014 No. 48 ss 159 , 183 sch 1","sortOrder":383},{"sectionNumber":"sec.270ZJB","sectionType":"section","heading":null,"content":"### Section sec.270ZJB\n\ns 270ZJB ins 2006 No. 60 s 145 (amd 2007 No. 29 s 13 )\namd 2010 No. 54 s 67 sch\nom 2014 No. 48 s 160","sortOrder":384},{"sectionNumber":"ch.6-pt.1A","sectionType":"part","heading":"Civil penalty for particular contraventions","content":"# Civil penalty for particular contraventions","sortOrder":385},{"sectionNumber":"sec.270ZK","sectionType":"section","heading":"Application of pt 1A","content":"### sec.270ZK Application of pt 1A\n\nThis part applies if—\nany of the following are referred to the regulator in relation to a distributor—\na material contravention of a distribution network code, referred under section 270ZA or 270ZB ;\na contravention of a compliance direction under the Energy and Water Ombudsman Act 2006 , referred under section 46 of that Act; or\na distributor does not comply with a condition of the distributor’s authority under this Act in relation to the Energy and Water Ombudsman Act 2006 .\nHowever, if the contravention is a contravention of a distribution network code, this part applies only if QCA has not applied for a civil penalty order under section 270W .\nTo remove any doubt, it is declared that this part does not limit or otherwise affect the taking of action or proposed action under chapter 2 , part 1 , division 3 concerning an authority under this Act held by the distributor.\ns 270ZK ins 2006 No. 60 s 146\namd 2010 No. 53 s 258 sch 2 ; 2014 No. 48 s 161\n(sec.270ZK-ssec.1) This part applies if— any of the following are referred to the regulator in relation to a distributor— a material contravention of a distribution network code, referred under section 270ZA or 270ZB ; a contravention of a compliance direction under the Energy and Water Ombudsman Act 2006 , referred under section 46 of that Act; or a distributor does not comply with a condition of the distributor’s authority under this Act in relation to the Energy and Water Ombudsman Act 2006 .\n(sec.270ZK-ssec.2) However, if the contravention is a contravention of a distribution network code, this part applies only if QCA has not applied for a civil penalty order under section 270W .\n(sec.270ZK-ssec.3) To remove any doubt, it is declared that this part does not limit or otherwise affect the taking of action or proposed action under chapter 2 , part 1 , division 3 concerning an authority under this Act held by the distributor.\n- (a) any of the following are referred to the regulator in relation to a distributor— (i) a material contravention of a distribution network code, referred under section 270ZA or 270ZB ; (ii) a contravention of a compliance direction under the Energy and Water Ombudsman Act 2006 , referred under section 46 of that Act; or\n- (i) a material contravention of a distribution network code, referred under section 270ZA or 270ZB ;\n- (ii) a contravention of a compliance direction under the Energy and Water Ombudsman Act 2006 , referred under section 46 of that Act; or\n- (b) a distributor does not comply with a condition of the distributor’s authority under this Act in relation to the Energy and Water Ombudsman Act 2006 .\n- (i) a material contravention of a distribution network code, referred under section 270ZA or 270ZB ;\n- (ii) a contravention of a compliance direction under the Energy and Water Ombudsman Act 2006 , referred under section 46 of that Act; or","sortOrder":386},{"sectionNumber":"sec.270ZL","sectionType":"section","heading":"Regulator may impose civil penalty","content":"### sec.270ZL Regulator may impose civil penalty\n\nThe regulator may, for the State, impose a civil penalty on the distributor of no more than the monetary value of 1333 penalty units.\nHowever, the power under subsection (1) may be exercised only if—\nthe regulator has given the distributor a notice stating each of the following—\nthat the regulator proposes to impose the penalty;\nthe grounds for imposing the proposed penalty;\nthe facts and circumstances that are the basis for the grounds;\nthat the distributor may, within a stated period of at least 20 business days, make written submissions to show why the penalty should not be imposed; and\nSee also chapter 6 , part 3 , division 3 (Provisions for civil penalty proceedings).\nthe regulator has considered any written submissions made under paragraph (a) (iv) within the period stated in the notice.\ns 270ZL ins 2006 No. 60 s 146\namd 2014 No. 48 s 162\n(sec.270ZL-ssec.1) The regulator may, for the State, impose a civil penalty on the distributor of no more than the monetary value of 1333 penalty units.\n(sec.270ZL-ssec.2) However, the power under subsection (1) may be exercised only if— the regulator has given the distributor a notice stating each of the following— that the regulator proposes to impose the penalty; the grounds for imposing the proposed penalty; the facts and circumstances that are the basis for the grounds; that the distributor may, within a stated period of at least 20 business days, make written submissions to show why the penalty should not be imposed; and See also chapter 6 , part 3 , division 3 (Provisions for civil penalty proceedings). the regulator has considered any written submissions made under paragraph (a) (iv) within the period stated in the notice.\n- (a) the regulator has given the distributor a notice stating each of the following— (i) that the regulator proposes to impose the penalty; (ii) the grounds for imposing the proposed penalty; (iii) the facts and circumstances that are the basis for the grounds; (iv) that the distributor may, within a stated period of at least 20 business days, make written submissions to show why the penalty should not be imposed; and Note— See also chapter 6 , part 3 , division 3 (Provisions for civil penalty proceedings).\n- (i) that the regulator proposes to impose the penalty;\n- (ii) the grounds for imposing the proposed penalty;\n- (iii) the facts and circumstances that are the basis for the grounds;\n- (iv) that the distributor may, within a stated period of at least 20 business days, make written submissions to show why the penalty should not be imposed; and\n- (b) the regulator has considered any written submissions made under paragraph (a) (iv) within the period stated in the notice.\n- (i) that the regulator proposes to impose the penalty;\n- (ii) the grounds for imposing the proposed penalty;\n- (iii) the facts and circumstances that are the basis for the grounds;\n- (iv) that the distributor may, within a stated period of at least 20 business days, make written submissions to show why the penalty should not be imposed; and","sortOrder":387},{"sectionNumber":"sec.270ZM","sectionType":"section","heading":"Information notice about and taking effect of decision","content":"### sec.270ZM Information notice about and taking effect of decision\n\nIf the regulator decides to impose the civil penalty, the regulator must, as soon as practicable after making the decision, give the distributor a QCAT information notice about the decision.\nThe decision takes effect on the later of the following days—\nthe day the QCAT information notice is given;\na later day of effect stated in the notice.\ns 270ZM ins 2006 No. 60 s 146\namd 2009 No. 24 s 571 ; 2014 No. 48 s 163\n(sec.270ZM-ssec.1) If the regulator decides to impose the civil penalty, the regulator must, as soon as practicable after making the decision, give the distributor a QCAT information notice about the decision.\n(sec.270ZM-ssec.2) The decision takes effect on the later of the following days— the day the QCAT information notice is given; a later day of effect stated in the notice.\n- (a) the day the QCAT information notice is given;\n- (b) a later day of effect stated in the notice.","sortOrder":388},{"sectionNumber":"sec.270ZN","sectionType":"section","heading":"Civil penalty recoverable as a debt","content":"### sec.270ZN Civil penalty recoverable as a debt\n\nIf the regulator imposes the civil penalty, the State may recover the amount of the penalty as a debt.\ns 270ZN ins 2006 No. 60 s 146","sortOrder":389},{"sectionNumber":"ch.6-pt.1B","sectionType":"part","heading":"Enforcing section 175A against retailers","content":"# Enforcing section 175A against retailers","sortOrder":390},{"sectionNumber":"ch.6-pt.1B-div.1","sectionType":"division","heading":"Contravention notices","content":"## Contravention notices","sortOrder":391},{"sectionNumber":"sec.271AA","sectionType":"section","heading":"Application of pt 1B","content":"### sec.271AA Application of pt 1B\n\nThis part applies if the regulator suspects—\na retailer has contravened, or is contravening, section 175A ; and\nthe contravention is likely to be a material contravention of section 175A .\ns 271AA ins 2014 No. 48 s 164\n(sec.271AA-ssec) This part applies if the regulator suspects— a retailer has contravened, or is contravening, section 175A ; and the contravention is likely to be a material contravention of section 175A .\n- (a) a retailer has contravened, or is contravening, section 175A ; and\n- (b) the contravention is likely to be a material contravention of section 175A .","sortOrder":392},{"sectionNumber":"sec.271AB","sectionType":"section","heading":"Criteria for deciding material contravention","content":"### sec.271AB Criteria for deciding material contravention\n\nThis section applies to the making of any decision under this Act about whether a contravention of section 175A is a material contravention of the section.\nThe regulator must have regard to the objects of the Act .\nSubsection (2) does not limit or otherwise affect what may be considered in making the decision.\ns 271AB ins 2014 No. 48 s 164\n(sec.271AB-ssec.1) This section applies to the making of any decision under this Act about whether a contravention of section 175A is a material contravention of the section.\n(sec.271AB-ssec.2) The regulator must have regard to the objects of the Act .\n(sec.271AB-ssec.3) Subsection (2) does not limit or otherwise affect what may be considered in making the decision.","sortOrder":393},{"sectionNumber":"sec.271AC","sectionType":"section","heading":"Warning notice may be given","content":"### sec.271AC Warning notice may be given\n\nThe regulator may give the retailer a notice (the warning notice ), warning the retailer that the regulator proposes to give the retailer a further notice about the contravention (a contravention notice ).\nThe regulator must make the decision about whether to give the warning notice as soon as practicable after forming the suspicion.\nHowever, a failure to comply with subsection (2) does not affect the validity of the warning notice or any subsequent contravention notice.\nDespite subsections (2) and (3) , if the regulator proposes to give a warning notice for a contravention, it can only be given within 2 years after the day on which the contravention happened.\ns 271AC ins 2014 No. 48 s 164\n(sec.271AC-ssec.1) The regulator may give the retailer a notice (the warning notice ), warning the retailer that the regulator proposes to give the retailer a further notice about the contravention (a contravention notice ).\n(sec.271AC-ssec.2) The regulator must make the decision about whether to give the warning notice as soon as practicable after forming the suspicion.\n(sec.271AC-ssec.3) However, a failure to comply with subsection (2) does not affect the validity of the warning notice or any subsequent contravention notice.\n(sec.271AC-ssec.4) Despite subsections (2) and (3) , if the regulator proposes to give a warning notice for a contravention, it can only be given within 2 years after the day on which the contravention happened.","sortOrder":394},{"sectionNumber":"sec.271AD","sectionType":"section","heading":"Requirements for warning notice","content":"### sec.271AD Requirements for warning notice\n\nThe warning notice must state each of the following—\nparticulars of the contravention;\nthat the regulator proposes to give the retailer a contravention notice unless the retailer—\ntakes steps reasonably necessary to remedy the contravention; and\ngives the regulator a written assurance, in the terms stated in the warning notice, that the retailer will—\navoid any similar future contravention; and\ntake steps reasonably necessary to avoid a future recurrence of the contravention;\na period (the warning period ) after which the contravention notice may be given unless the warning notice is complied with;\nthat the retailer may make, within the warning period, written submissions to show why the proposed contravention notice should not be given.\nThe warning period must be—\nif the warning notice is given because the regulator considers the contravention is of a type that requires urgent action—a period that the regulator considers is reasonable in the circumstances; or\notherwise—at least 20 business days.\nThe warning notice may also state the steps the regulator reasonably believes are necessary to remedy the contravention or avoid its future recurrence.\npaying compensation to someone who has suffered damage, injury or loss because of the contravention\ns 271AD ins 2014 No. 48 s 164\n(sec.271AD-ssec.1) The warning notice must state each of the following— particulars of the contravention; that the regulator proposes to give the retailer a contravention notice unless the retailer— takes steps reasonably necessary to remedy the contravention; and gives the regulator a written assurance, in the terms stated in the warning notice, that the retailer will— avoid any similar future contravention; and take steps reasonably necessary to avoid a future recurrence of the contravention; a period (the warning period ) after which the contravention notice may be given unless the warning notice is complied with; that the retailer may make, within the warning period, written submissions to show why the proposed contravention notice should not be given.\n(sec.271AD-ssec.2) The warning period must be— if the warning notice is given because the regulator considers the contravention is of a type that requires urgent action—a period that the regulator considers is reasonable in the circumstances; or otherwise—at least 20 business days.\n(sec.271AD-ssec.3) The warning notice may also state the steps the regulator reasonably believes are necessary to remedy the contravention or avoid its future recurrence. paying compensation to someone who has suffered damage, injury or loss because of the contravention\n- (a) particulars of the contravention;\n- (b) that the regulator proposes to give the retailer a contravention notice unless the retailer— (i) takes steps reasonably necessary to remedy the contravention; and (ii) gives the regulator a written assurance, in the terms stated in the warning notice, that the retailer will— (A) avoid any similar future contravention; and (B) take steps reasonably necessary to avoid a future recurrence of the contravention;\n- (i) takes steps reasonably necessary to remedy the contravention; and\n- (ii) gives the regulator a written assurance, in the terms stated in the warning notice, that the retailer will— (A) avoid any similar future contravention; and (B) take steps reasonably necessary to avoid a future recurrence of the contravention;\n- (A) avoid any similar future contravention; and\n- (B) take steps reasonably necessary to avoid a future recurrence of the contravention;\n- (c) a period (the warning period ) after which the contravention notice may be given unless the warning notice is complied with;\n- (d) that the retailer may make, within the warning period, written submissions to show why the proposed contravention notice should not be given.\n- (i) takes steps reasonably necessary to remedy the contravention; and\n- (ii) gives the regulator a written assurance, in the terms stated in the warning notice, that the retailer will— (A) avoid any similar future contravention; and (B) take steps reasonably necessary to avoid a future recurrence of the contravention;\n- (A) avoid any similar future contravention; and\n- (B) take steps reasonably necessary to avoid a future recurrence of the contravention;\n- (A) avoid any similar future contravention; and\n- (B) take steps reasonably necessary to avoid a future recurrence of the contravention;\n- (a) if the warning notice is given because the regulator considers the contravention is of a type that requires urgent action—a period that the regulator considers is reasonable in the circumstances; or\n- (b) otherwise—at least 20 business days.","sortOrder":395},{"sectionNumber":"sec.271AE","sectionType":"section","heading":"Considering submissions on warning notice","content":"### sec.271AE Considering submissions on warning notice\n\nThe regulator must consider any written submission made under section 271AD (1) (d) by the retailer within the warning period stated in the warning notice.\nIf the regulator at any time decides not to give the proposed contravention notice, it must, as soon as practicable, give the distributor or retailer notice of the decision.\ns 271AE ins 2014 No. 48 s 164\n(sec.271AE-ssec.1) The regulator must consider any written submission made under section 271AD (1) (d) by the retailer within the warning period stated in the warning notice.\n(sec.271AE-ssec.2) If the regulator at any time decides not to give the proposed contravention notice, it must, as soon as practicable, give the distributor or retailer notice of the decision.","sortOrder":396},{"sectionNumber":"sec.271AF","sectionType":"section","heading":"Giving of contravention notice","content":"### sec.271AF Giving of contravention notice\n\nThe regulator may give the proposed contravention notice if—\nthe retailer has not complied with the warning notice; and\nafter complying with section 271AE , the regulator still believes the contravention notice ought to be given.\nThe contravention notice must state—\nthat the retailer has contravened, or is contravening, section 175A ; or\nthe contravention is likely to be a material contravention of the section.\ns 271AF ins 2014 No. 48 s 164\n(sec.271AF-ssec.1) The regulator may give the proposed contravention notice if— the retailer has not complied with the warning notice; and after complying with section 271AE , the regulator still believes the contravention notice ought to be given.\n(sec.271AF-ssec.2) The contravention notice must state— that the retailer has contravened, or is contravening, section 175A ; or the contravention is likely to be a material contravention of the section.\n- (a) the retailer has not complied with the warning notice; and\n- (b) after complying with section 271AE , the regulator still believes the contravention notice ought to be given.\n- (a) that the retailer has contravened, or is contravening, section 175A ; or\n- (b) the contravention is likely to be a material contravention of the section.","sortOrder":397},{"sectionNumber":"sec.271AG","sectionType":"section","heading":"Duration of contravention notice","content":"### sec.271AG Duration of contravention notice\n\nThe contravention notice—\ncomes into effect—\nwhen it is made; or\nif it states a later time—at the later time; and\nends—\non the day stated in the notice; or\nif it is cancelled before that day—when it is cancelled.\ns 271AG ins 2014 No. 48 s 164\n(sec.271AG-ssec) The contravention notice— comes into effect— when it is made; or if it states a later time—at the later time; and ends— on the day stated in the notice; or if it is cancelled before that day—when it is cancelled.\n- (a) comes into effect— (i) when it is made; or (ii) if it states a later time—at the later time; and\n- (i) when it is made; or\n- (ii) if it states a later time—at the later time; and\n- (b) ends— (i) on the day stated in the notice; or (ii) if it is cancelled before that day—when it is cancelled.\n- (i) on the day stated in the notice; or\n- (ii) if it is cancelled before that day—when it is cancelled.\n- (i) when it is made; or\n- (ii) if it states a later time—at the later time; and\n- (i) on the day stated in the notice; or\n- (ii) if it is cancelled before that day—when it is cancelled.","sortOrder":398},{"sectionNumber":"ch.6-pt.1B-div.2","sectionType":"division","heading":"Proceedings","content":"## Proceedings","sortOrder":399},{"sectionNumber":"sec.271AH","sectionType":"section","heading":"Proceeding for civil penalty order","content":"### sec.271AH Proceeding for civil penalty order\n\nThis section applies if, on the application of the regulator, the Supreme Court is satisfied the retailer has—\ncommitted a material contravention of section 175A ; or\nattempted to commit a material contravention of section 175A ; or\nbeen involved in a material contravention of section 175A .\nThe court may order the retailer to pay the State as a civil penalty an amount of no more than—\nfor an individual—$100,000; or\nfor a corporation—$500,000.\nIn fixing the penalty, the court must consider—\nthe nature and extent of—\nthe contravention; and\nloss or damage suffered because of the contravention; and\nthe circumstances in which the contravention took place; and\nwhether the retailer has previously been found by the court in proceedings under this Act to have engaged in any similar conduct.\nFor subsection (1) (c) , a distributor or retailer is involved in a contravention if the distributor or retailer—\nhas aided, abetted, counselled or procured the contravention; or\nhas induced the contravention, whether through threats, promises or in another way; or\nhas been in any way, directly or indirectly, knowingly concerned in, or a party to, the contravention; or\nhas conspired with others to effect the contravention.\ns 271AH ins 2014 No. 48 s 164\n(sec.271AH-ssec.1) This section applies if, on the application of the regulator, the Supreme Court is satisfied the retailer has— committed a material contravention of section 175A ; or attempted to commit a material contravention of section 175A ; or been involved in a material contravention of section 175A .\n(sec.271AH-ssec.2) The court may order the retailer to pay the State as a civil penalty an amount of no more than— for an individual—$100,000; or for a corporation—$500,000.\n(sec.271AH-ssec.3) In fixing the penalty, the court must consider— the nature and extent of— the contravention; and loss or damage suffered because of the contravention; and the circumstances in which the contravention took place; and whether the retailer has previously been found by the court in proceedings under this Act to have engaged in any similar conduct.\n(sec.271AH-ssec.4) For subsection (1) (c) , a distributor or retailer is involved in a contravention if the distributor or retailer— has aided, abetted, counselled or procured the contravention; or has induced the contravention, whether through threats, promises or in another way; or has been in any way, directly or indirectly, knowingly concerned in, or a party to, the contravention; or has conspired with others to effect the contravention.\n- (a) committed a material contravention of section 175A ; or\n- (b) attempted to commit a material contravention of section 175A ; or\n- (c) been involved in a material contravention of section 175A .\n- (a) for an individual—$100,000; or\n- (b) for a corporation—$500,000.\n- (a) the nature and extent of— (i) the contravention; and (ii) loss or damage suffered because of the contravention; and\n- (i) the contravention; and\n- (ii) loss or damage suffered because of the contravention; and\n- (b) the circumstances in which the contravention took place; and\n- (c) whether the retailer has previously been found by the court in proceedings under this Act to have engaged in any similar conduct.\n- (i) the contravention; and\n- (ii) loss or damage suffered because of the contravention; and\n- (a) has aided, abetted, counselled or procured the contravention; or\n- (b) has induced the contravention, whether through threats, promises or in another way; or\n- (c) has been in any way, directly or indirectly, knowingly concerned in, or a party to, the contravention; or\n- (d) has conspired with others to effect the contravention.","sortOrder":400},{"sectionNumber":"sec.271AI","sectionType":"section","heading":"How order enforced","content":"### sec.271AI How order enforced\n\nIf the Supreme Court orders payment of an amount under section 271AH (2) , the State may enforce the order as a judgment of the court for a debt of that amount.\ns 271AI ins 2014 No. 48 s 164\n(sec.271AI-ssec) If the Supreme Court orders payment of an amount under section 271AH (2) , the State may enforce the order as a judgment of the court for a debt of that amount.","sortOrder":401},{"sectionNumber":"sec.271AJ","sectionType":"section","heading":"Injunctions","content":"### sec.271AJ Injunctions\n\nThe Supreme Court may, on the application of the regulator, grant an injunction if satisfied the retailer has engaged, or is proposing to engage, in conduct that constitutes, or would constitute any of the following—\na contravention of section 175A ;\nattempting to contravene section 175A .\nAn injunction may be granted on conditions.\nThe court may also grant an injunction by consent of all parties to the application, whether or not the court is satisfied the retailer has engaged, or is proposing to engage, in conduct of a kind mentioned in subsection (1) .\nThe court may grant an interim injunction pending its decision on the application.\nThe court must not require anyone, as a condition of granting an interim injunction, to give an undertaking as to damages.\nThe court may amend an injunction or interim injunction.\nAn injunction or interim injunction restraining the retailer from engaging in conduct may be granted whether or not—\nit appears to the court that the retailer intends to engage again, or to continue to engage, in conduct of that kind; or\nthe retailer has previously engaged in conduct of that kind; or\nthere is an imminent danger of substantial damage to another person if the retailer engages in conduct of that kind.\nAn injunction or interim injunction requiring the retailer to do an act or thing may be granted whether or not—\nit appears to the court that the retailer intends to fail again, or to continue to fail, to do that act or thing; or\nthe retailer has previously failed to do the act or thing; or\nthere is an imminent danger of substantial damage to another person if the retailer does not do the act or thing.\ns 271AJ ins 2014 No. 48 s 164\n(sec.271AJ-ssec.1) The Supreme Court may, on the application of the regulator, grant an injunction if satisfied the retailer has engaged, or is proposing to engage, in conduct that constitutes, or would constitute any of the following— a contravention of section 175A ; attempting to contravene section 175A .\n(sec.271AJ-ssec.2) An injunction may be granted on conditions.\n(sec.271AJ-ssec.3) The court may also grant an injunction by consent of all parties to the application, whether or not the court is satisfied the retailer has engaged, or is proposing to engage, in conduct of a kind mentioned in subsection (1) .\n(sec.271AJ-ssec.4) The court may grant an interim injunction pending its decision on the application.\n(sec.271AJ-ssec.5) The court must not require anyone, as a condition of granting an interim injunction, to give an undertaking as to damages.\n(sec.271AJ-ssec.6) The court may amend an injunction or interim injunction.\n(sec.271AJ-ssec.7) An injunction or interim injunction restraining the retailer from engaging in conduct may be granted whether or not— it appears to the court that the retailer intends to engage again, or to continue to engage, in conduct of that kind; or the retailer has previously engaged in conduct of that kind; or there is an imminent danger of substantial damage to another person if the retailer engages in conduct of that kind.\n(sec.271AJ-ssec.8) An injunction or interim injunction requiring the retailer to do an act or thing may be granted whether or not— it appears to the court that the retailer intends to fail again, or to continue to fail, to do that act or thing; or the retailer has previously failed to do the act or thing; or there is an imminent danger of substantial damage to another person if the retailer does not do the act or thing.\n- (a) a contravention of section 175A ;\n- (b) attempting to contravene section 175A .\n- (a) it appears to the court that the retailer intends to engage again, or to continue to engage, in conduct of that kind; or\n- (b) the retailer has previously engaged in conduct of that kind; or\n- (c) there is an imminent danger of substantial damage to another person if the retailer engages in conduct of that kind.\n- (a) it appears to the court that the retailer intends to fail again, or to continue to fail, to do that act or thing; or\n- (b) the retailer has previously failed to do the act or thing; or\n- (c) there is an imminent danger of substantial damage to another person if the retailer does not do the act or thing.","sortOrder":402},{"sectionNumber":"sec.271AK","sectionType":"section","heading":"Conduct by directors, servants or agents","content":"### sec.271AK Conduct by directors, servants or agents\n\nThis section applies to a proceeding for a civil penalty, an interim injunction or an injunction under this division.\nIf—\nthe proceeding concerns alleged conduct engaged in by the retailer; and\nit is necessary to prove the retailer’s state of mind;\nit is enough to prove that a director, servant or agent (a representative ) of the distributor or retailer, acting within the scope of the representative’s actual or apparent authority, had the state of mind.\nConduct engaged in for a retailer by the following persons is taken to have been engaged in by the retailer—\na representative of the retailer, acting within the scope of the representative’s actual or apparent authority;\nanother person at the direction, or with the consent or agreement, of a representative of the retailer, if the giving of the direction, consent or agreement was within the scope of the representative’s actual or apparent authority.\nConduct engaged in for a retailer by the following persons is taken to have been engaged in by the principal—\na servant or agent of the retailer, acting within the scope of the servant’s or agent’s actual or apparent authority;\nanother person at the direction or with the consent or agreement, of a servant or agent of the retailer, if the giving of the direction, consent or agreement was within the scope of the servant’s or agent’s actual or apparent authority.\nIn this section—\nconsent or agreement includes an implied consent or agreement.\nstate of mind , of a person, may include—\nknowledge, intention, opinion, belief or purpose of the person; and\nthe person’s reasons for the person’s intention, opinion, belief or purpose.\ns 271AK ins 2014 No. 48 s 164\n(sec.271AK-ssec.1) This section applies to a proceeding for a civil penalty, an interim injunction or an injunction under this division.\n(sec.271AK-ssec.2) If— the proceeding concerns alleged conduct engaged in by the retailer; and it is necessary to prove the retailer’s state of mind; it is enough to prove that a director, servant or agent (a representative ) of the distributor or retailer, acting within the scope of the representative’s actual or apparent authority, had the state of mind.\n(sec.271AK-ssec.3) Conduct engaged in for a retailer by the following persons is taken to have been engaged in by the retailer— a representative of the retailer, acting within the scope of the representative’s actual or apparent authority; another person at the direction, or with the consent or agreement, of a representative of the retailer, if the giving of the direction, consent or agreement was within the scope of the representative’s actual or apparent authority.\n(sec.271AK-ssec.4) Conduct engaged in for a retailer by the following persons is taken to have been engaged in by the principal— a servant or agent of the retailer, acting within the scope of the servant’s or agent’s actual or apparent authority; another person at the direction or with the consent or agreement, of a servant or agent of the retailer, if the giving of the direction, consent or agreement was within the scope of the servant’s or agent’s actual or apparent authority.\n(sec.271AK-ssec.5) In this section— consent or agreement includes an implied consent or agreement. state of mind , of a person, may include— knowledge, intention, opinion, belief or purpose of the person; and the person’s reasons for the person’s intention, opinion, belief or purpose.\n- (a) the proceeding concerns alleged conduct engaged in by the retailer; and\n- (b) it is necessary to prove the retailer’s state of mind;\n- (a) a representative of the retailer, acting within the scope of the representative’s actual or apparent authority;\n- (b) another person at the direction, or with the consent or agreement, of a representative of the retailer, if the giving of the direction, consent or agreement was within the scope of the representative’s actual or apparent authority.\n- (a) a servant or agent of the retailer, acting within the scope of the servant’s or agent’s actual or apparent authority;\n- (b) another person at the direction or with the consent or agreement, of a servant or agent of the retailer, if the giving of the direction, consent or agreement was within the scope of the servant’s or agent’s actual or apparent authority.\n- (a) knowledge, intention, opinion, belief or purpose of the person; and\n- (b) the person’s reasons for the person’s intention, opinion, belief or purpose.","sortOrder":403},{"sectionNumber":"ch.6-pt.1B-div.3","sectionType":"division","heading":"Production of documents or information","content":"## Production of documents or information","sortOrder":404},{"sectionNumber":"sec.271AL","sectionType":"section","heading":"Notice to produce documents or information","content":"### sec.271AL Notice to produce documents or information\n\nThis section applies if the regulator is conducting an investigation to find out whether the retailer is complying with section 175A .\nThe regulator may, by written notice to the retailer, require the retailer to give the regulator all or any the following things the regulator believes, on reasonable grounds, are relevant to the investigation—\ninformation within the retailer’s knowledge or possession;\ndocuments in the retailer’s custody, possession or power.\nThe notice must state—\nthe information or documents required; and\na period in which the information or documents must be given of no less than 7 days; and\na reasonable place at which the information or documents must be given.\nThe retailer must comply with the notice, unless it has a reasonable excuse.\nMaximum penalty—500 penalty units.\nThe retailer is not required to comply with the notice if the retailer claims, on the ground of self-incrimination, a privilege the retailer would be entitled to claim against giving the information or documents were the retailer a witness in a prosecution for an offence in the Supreme Court.\nIf the retailer claims that complying with the notice may tend to incriminate it, the regulator or retailer may make an application to the Supreme Court to decide the validity of the claim.\ns 271AL ins 2014 No. 48 s 164\n(sec.271AL-ssec.1) This section applies if the regulator is conducting an investigation to find out whether the retailer is complying with section 175A .\n(sec.271AL-ssec.2) The regulator may, by written notice to the retailer, require the retailer to give the regulator all or any the following things the regulator believes, on reasonable grounds, are relevant to the investigation— information within the retailer’s knowledge or possession; documents in the retailer’s custody, possession or power.\n(sec.271AL-ssec.3) The notice must state— the information or documents required; and a period in which the information or documents must be given of no less than 7 days; and a reasonable place at which the information or documents must be given.\n(sec.271AL-ssec.4) The retailer must comply with the notice, unless it has a reasonable excuse. Maximum penalty—500 penalty units.\n(sec.271AL-ssec.5) The retailer is not required to comply with the notice if the retailer claims, on the ground of self-incrimination, a privilege the retailer would be entitled to claim against giving the information or documents were the retailer a witness in a prosecution for an offence in the Supreme Court.\n(sec.271AL-ssec.6) If the retailer claims that complying with the notice may tend to incriminate it, the regulator or retailer may make an application to the Supreme Court to decide the validity of the claim.\n- (a) information within the retailer’s knowledge or possession;\n- (b) documents in the retailer’s custody, possession or power.\n- (a) the information or documents required; and\n- (b) a period in which the information or documents must be given of no less than 7 days; and\n- (c) a reasonable place at which the information or documents must be given.","sortOrder":405},{"sectionNumber":"ch.6-pt.1","sectionType":"part","heading":"Reviews","content":"# Reviews","sortOrder":406},{"sectionNumber":"ch.6-pt.1-div.1","sectionType":"division","heading":"Internal reviews","content":"## Internal reviews","sortOrder":407},{"sectionNumber":"sec.271","sectionType":"section","heading":"Who may apply for internal review","content":"### sec.271 Who may apply for internal review\n\nA person who has been given, or is entitled to be given, an information notice about a decision under this Act mentioned in schedule 1 (an original decision ) may apply for an internal review of the decision (an internal review application ).\nAn internal review application may be made only to the following person (the reviewer )—\nif the original decision to which the application relates was made by the regulator—the Minister;\notherwise—the regulator.\ns 271 amd 2006 No. 60 s 58 sch ; 2009 No. 24 s 574\n(sec.271-ssec.1) A person who has been given, or is entitled to be given, an information notice about a decision under this Act mentioned in schedule 1 (an original decision ) may apply for an internal review of the decision (an internal review application ).\n(sec.271-ssec.2) An internal review application may be made only to the following person (the reviewer )— if the original decision to which the application relates was made by the regulator—the Minister; otherwise—the regulator.\n- (a) if the original decision to which the application relates was made by the regulator—the Minister;\n- (b) otherwise—the regulator.","sortOrder":408},{"sectionNumber":"sec.272","sectionType":"section","heading":"Requirements for making internal review application","content":"### sec.272 Requirements for making internal review application\n\nAn internal review application must be—\nmade within 20 business days after—\nif the person has been given an information notice about the original decision to which the application relates—the day the person is given the notice; or\nif subparagraph (i) does not apply—the day the person otherwise becomes aware of the original decision; and\nmade in the approved form; and\naccompanied by a statement of the grounds on which the applicant seeks the review of the decision; and\nsupported by enough information to enable the decision to be reviewed.\nHowever, the reviewer may extend the period for making the application.\ns 272 amd 2009 No. 24 s 575\n(sec.272-ssec.1) An internal review application must be— made within 20 business days after— if the person has been given an information notice about the original decision to which the application relates—the day the person is given the notice; or if subparagraph (i) does not apply—the day the person otherwise becomes aware of the original decision; and made in the approved form; and accompanied by a statement of the grounds on which the applicant seeks the review of the decision; and supported by enough information to enable the decision to be reviewed.\n(sec.272-ssec.2) However, the reviewer may extend the period for making the application.\n- (a) made within 20 business days after— (i) if the person has been given an information notice about the original decision to which the application relates—the day the person is given the notice; or (ii) if subparagraph (i) does not apply—the day the person otherwise becomes aware of the original decision; and\n- (i) if the person has been given an information notice about the original decision to which the application relates—the day the person is given the notice; or\n- (ii) if subparagraph (i) does not apply—the day the person otherwise becomes aware of the original decision; and\n- (b) made in the approved form; and\n- (c) accompanied by a statement of the grounds on which the applicant seeks the review of the decision; and\n- (d) supported by enough information to enable the decision to be reviewed.\n- (i) if the person has been given an information notice about the original decision to which the application relates—the day the person is given the notice; or\n- (ii) if subparagraph (i) does not apply—the day the person otherwise becomes aware of the original decision; and","sortOrder":409},{"sectionNumber":"sec.273","sectionType":"section","heading":"Stay of operation of original decision","content":"### sec.273 Stay of operation of original decision\n\nThe reviewer may grant a stay of the original decision to secure the effectiveness of the internal review.\nA stay—\nmay be given on the conditions the reviewer considers appropriate; and\noperates for the period fixed by the reviewer; and\nmay be amended or cancelled by the reviewer.\nThe period of a stay under this section must not extend past the time when the reviewer decides the internal review.\nThe internal review affects the decision, or carrying out of the decision, only if it is stayed.\ns 273 amd 2009 No. 24 s 576\n(sec.273-ssec.1) The reviewer may grant a stay of the original decision to secure the effectiveness of the internal review.\n(sec.273-ssec.2) A stay— may be given on the conditions the reviewer considers appropriate; and operates for the period fixed by the reviewer; and may be amended or cancelled by the reviewer.\n(sec.273-ssec.3) The period of a stay under this section must not extend past the time when the reviewer decides the internal review.\n(sec.273-ssec.4) The internal review affects the decision, or carrying out of the decision, only if it is stayed.\n- (a) may be given on the conditions the reviewer considers appropriate; and\n- (b) operates for the period fixed by the reviewer; and\n- (c) may be amended or cancelled by the reviewer.","sortOrder":410},{"sectionNumber":"sec.274","sectionType":"section","heading":"Internal review decision","content":"### sec.274 Internal review decision\n\nThe reviewer must, within 20 business days after the internal review application is made—\nreview the original decision; and\nmake a decision (the internal review decision ) to—\nconfirm the original decision; or\namend the original decision; or\nsubstitute another decision for the original decision.\nIf the internal review decision confirms the original decision, for the purpose of an application for external review, the original decision is taken to be the internal review decision.\nIf the internal review decision amends the original decision, for the purpose of an application for external review, the original decision as amended is taken to be the internal review decision.\ns 274 sub 2009 No. 24 s 577\n(sec.274-ssec.1) The reviewer must, within 20 business days after the internal review application is made— review the original decision; and make a decision (the internal review decision ) to— confirm the original decision; or amend the original decision; or substitute another decision for the original decision.\n(sec.274-ssec.2) If the internal review decision confirms the original decision, for the purpose of an application for external review, the original decision is taken to be the internal review decision.\n(sec.274-ssec.3) If the internal review decision amends the original decision, for the purpose of an application for external review, the original decision as amended is taken to be the internal review decision.\n- (a) review the original decision; and\n- (b) make a decision (the internal review decision ) to— (i) confirm the original decision; or (ii) amend the original decision; or (iii) substitute another decision for the original decision.\n- (i) confirm the original decision; or\n- (ii) amend the original decision; or\n- (iii) substitute another decision for the original decision.\n- (i) confirm the original decision; or\n- (ii) amend the original decision; or\n- (iii) substitute another decision for the original decision.","sortOrder":411},{"sectionNumber":"sec.275","sectionType":"section","heading":"Internal review procedure","content":"### sec.275 Internal review procedure\n\nAn internal review application for an original decision, other than an original decision made by the reviewer personally, must not be dealt with by—\nthe person who made the decision; or\na person in a less senior office than the person who made the decision.\nSubsection (1) applies despite the Acts Interpretation Act 1954 , section 27A (7) .\nThe reviewer may, in making the internal review decision, seek and take into account advice or information from any other person, including, for example, a review panel established by the reviewer.\ns 275 amd 2009 No. 24 s 578\n(sec.275-ssec.1) An internal review application for an original decision, other than an original decision made by the reviewer personally, must not be dealt with by— the person who made the decision; or a person in a less senior office than the person who made the decision.\n(sec.275-ssec.2) Subsection (1) applies despite the Acts Interpretation Act 1954 , section 27A (7) .\n(sec.275-ssec.3) The reviewer may, in making the internal review decision, seek and take into account advice or information from any other person, including, for example, a review panel established by the reviewer.\n- (a) the person who made the decision; or\n- (b) a person in a less senior office than the person who made the decision.","sortOrder":412},{"sectionNumber":"sec.276","sectionType":"section","heading":"Reviewer may seek advice or information","content":"### sec.276 Reviewer may seek advice or information\n\nTo help the reviewer make the internal review decision, the reviewer may seek advice or information from any other person.\nThe matters the reviewer may take into account in making the internal review decision include any advice or information obtained under subsection (1) for the decision or another internal review decision the reviewer has been asked to make.\nIf the reviewer obtains advice or information under subsection (1) for the internal review decision or, in making the decision, takes into account advice or information the reviewer obtained for another internal review decision, the reviewer must—\nif the advice or information is written—give a copy to the parties to the internal review; or\nif the advice or information is oral—disclose the substance of the advice to the parties.\ns 276 amd 2009 No. 24 s 579\n(sec.276-ssec.1) To help the reviewer make the internal review decision, the reviewer may seek advice or information from any other person.\n(sec.276-ssec.2) The matters the reviewer may take into account in making the internal review decision include any advice or information obtained under subsection (1) for the decision or another internal review decision the reviewer has been asked to make.\n(sec.276-ssec.3) If the reviewer obtains advice or information under subsection (1) for the internal review decision or, in making the decision, takes into account advice or information the reviewer obtained for another internal review decision, the reviewer must— if the advice or information is written—give a copy to the parties to the internal review; or if the advice or information is oral—disclose the substance of the advice to the parties.\n- (a) if the advice or information is written—give a copy to the parties to the internal review; or\n- (b) if the advice or information is oral—disclose the substance of the advice to the parties.","sortOrder":413},{"sectionNumber":"sec.277","sectionType":"section","heading":"Offence about disclosure of advice or information","content":"### sec.277 Offence about disclosure of advice or information\n\nThis section applies if, under section 276 , the reviewer gives a copy of advice or information, or discloses the substance of advice or information, to a party to the internal review.\nThe party must not disclose the advice or information to another person unless the party has a reasonable excuse.\nMaximum penalty—20 penalty units.\nIt is a reasonable excuse for the party to make the disclosure if the disclosure is for the internal review or an external review of the internal review decision.\ns 277 amd 2009 No. 24 s 580\n(sec.277-ssec.1) This section applies if, under section 276 , the reviewer gives a copy of advice or information, or discloses the substance of advice or information, to a party to the internal review.\n(sec.277-ssec.2) The party must not disclose the advice or information to another person unless the party has a reasonable excuse. Maximum penalty—20 penalty units.\n(sec.277-ssec.3) It is a reasonable excuse for the party to make the disclosure if the disclosure is for the internal review or an external review of the internal review decision.","sortOrder":414},{"sectionNumber":"sec.278","sectionType":"section","heading":"Notice of internal review decision","content":"### sec.278 Notice of internal review decision\n\nThe reviewer must, within 10 business days after making an internal review decision, give the applicant notice (an internal review notice ) for the decision.\nIf the internal review decision is not the decision sought by the applicant, the internal review notice must also include, or be accompanied by, a QCAT information notice for the decision.\nIf the reviewer does not give the internal review notice within the 10 business days, the reviewer is taken to have made an internal review decision confirming the original decision.\ns 278 amd 2009 No. 24 s 581\n(sec.278-ssec.1) The reviewer must, within 10 business days after making an internal review decision, give the applicant notice (an internal review notice ) for the decision.\n(sec.278-ssec.2) If the internal review decision is not the decision sought by the applicant, the internal review notice must also include, or be accompanied by, a QCAT information notice for the decision.\n(sec.278-ssec.3) If the reviewer does not give the internal review notice within the 10 business days, the reviewer is taken to have made an internal review decision confirming the original decision.","sortOrder":415},{"sectionNumber":"ch.6-pt.1-div.2","sectionType":"division","heading":"External reviews by QCAT","content":"## External reviews by QCAT","sortOrder":416},{"sectionNumber":"sec.279","sectionType":"section","heading":"External review of internal review decision","content":"### sec.279 External review of internal review decision\n\nA person who has been given, or is entitled to be given, an internal review notice for an internal review decision may apply, as provided under the QCAT Act, to QCAT for an external review of the decision.\nA person who has been given, or is entitled to be given, a QCAT information notice for a decision under section 233 may apply, as provided under the QCAT Act, to QCAT for an external review of the decision.\nA distributor who, under section 270ZM , has been given, or is entitled to be given, a QCAT information notice for a decision under section 270ZL to impose a civil penalty may apply, as provided under the QCAT Act, to QCAT for an external review of the decision.\ns 279 amd 2006 No. 60 s 147\nsub 2009 No. 24 s 582\namd 2014 No. 48 s 183 sch 1\n(sec.279-ssec.1) A person who has been given, or is entitled to be given, an internal review notice for an internal review decision may apply, as provided under the QCAT Act, to QCAT for an external review of the decision.\n(sec.279-ssec.2) A person who has been given, or is entitled to be given, a QCAT information notice for a decision under section 233 may apply, as provided under the QCAT Act, to QCAT for an external review of the decision.\n(sec.279-ssec.3) A distributor who, under section 270ZM , has been given, or is entitled to be given, a QCAT information notice for a decision under section 270ZL to impose a civil penalty may apply, as provided under the QCAT Act, to QCAT for an external review of the decision.","sortOrder":417},{"sectionNumber":"sec.280","sectionType":"section","heading":null,"content":"### Section sec.280\n\ns 280 om 2009 No. 24 s 582","sortOrder":418},{"sectionNumber":"sec.281","sectionType":"section","heading":null,"content":"### Section sec.281\n\ns 281 om 2009 No. 24 s 582","sortOrder":419},{"sectionNumber":"sec.282","sectionType":"section","heading":null,"content":"### Section sec.282\n\ns 282 om 2009 No. 24 s 582","sortOrder":420},{"sectionNumber":"sec.283","sectionType":"section","heading":null,"content":"### Section sec.283\n\ns 283 om 2009 No. 24 s 582","sortOrder":421},{"sectionNumber":"sec.284","sectionType":"section","heading":null,"content":"### Section sec.284\n\ns 284 om 2009 No. 24 s 582","sortOrder":422},{"sectionNumber":"sec.285","sectionType":"section","heading":null,"content":"### Section sec.285\n\ns 285 om 2009 No. 24 s 582","sortOrder":423},{"sectionNumber":"ch.6-pt.2","sectionType":"part","heading":"General offences","content":"# General offences","sortOrder":424},{"sectionNumber":"sec.286","sectionType":"section","heading":"Unlawfully operating distribution pipeline","content":"### sec.286 Unlawfully operating distribution pipeline\n\nA person must not unlawfully operate a distribution pipeline.\nMaximum penalty—500 penalty units.\nA person unlawfully operates a distribution pipeline if the person transports a covered gas through the pipeline or provides customer connection services to premises in relation to the pipeline, unless—\na distribution authority authorising the transportation or customer connection services is in force and the person holds, or is acting under, the authority; or\nthe pipeline is completely within a lot, or contiguous lots, owned by the same person; or\na pipeline in a shopping centre on a lot or lots owned by the same person\nthe pipeline is completely within contiguous lots if the covered gas is only transported to 1 other person; or\nthe person is, or is acting for, an on-supplier and the transport or customer connection services complies with chapter 3 , part 3 ; or\nthe transport or customer connection services is carried out under an insufficiency of supply direction.\ns 286 amd 2006 No. 60 s 148 ; 2023 No. 25 s 31 sch 1\n(sec.286-ssec.1) A person must not unlawfully operate a distribution pipeline. Maximum penalty—500 penalty units.\n(sec.286-ssec.2) A person unlawfully operates a distribution pipeline if the person transports a covered gas through the pipeline or provides customer connection services to premises in relation to the pipeline, unless— a distribution authority authorising the transportation or customer connection services is in force and the person holds, or is acting under, the authority; or the pipeline is completely within a lot, or contiguous lots, owned by the same person; or a pipeline in a shopping centre on a lot or lots owned by the same person the pipeline is completely within contiguous lots if the covered gas is only transported to 1 other person; or the person is, or is acting for, an on-supplier and the transport or customer connection services complies with chapter 3 , part 3 ; or the transport or customer connection services is carried out under an insufficiency of supply direction.\n- (a) a distribution authority authorising the transportation or customer connection services is in force and the person holds, or is acting under, the authority; or\n- (b) the pipeline is completely within a lot, or contiguous lots, owned by the same person; or Example— a pipeline in a shopping centre on a lot or lots owned by the same person\n- (c) the pipeline is completely within contiguous lots if the covered gas is only transported to 1 other person; or\n- (d) the person is, or is acting for, an on-supplier and the transport or customer connection services complies with chapter 3 , part 3 ; or\n- (e) the transport or customer connection services is carried out under an insufficiency of supply direction.","sortOrder":425},{"sectionNumber":"sec.287","sectionType":"section","heading":"Unlawful tampering with gas infrastructure","content":"### sec.287 Unlawful tampering with gas infrastructure\n\nA person must not wilfully tamper with a distributor’s or LPG distributor’s gas infrastructure unless the person has a lawful excuse.\nMaximum penalty—500 penalty units.\nSee also section 295 .\ns 287 amd 2006 No. 60 s 149","sortOrder":426},{"sectionNumber":"sec.288","sectionType":"section","heading":null,"content":"### Section sec.288\n\ns 288 amd 2006 No. 60 s 150\nom 2014 No. 48 s 165","sortOrder":427},{"sectionNumber":"sec.289","sectionType":"section","heading":"Unlawfully taking covered gas or LPG","content":"### sec.289 Unlawfully taking covered gas or LPG\n\nA person must not unlawfully take a covered gas or LPG.\nMaximum penalty—500 penalty units.\nA person unlawfully takes a covered gas or LPG if the person takes the covered gas or LPG from any of the following, unless the person has a lawful excuse—\na distribution pipeline;\nan LPG distribution pipeline;\na pipeline connected from the exit point of a meter installed for a customer’s premises.\nSee also section 297 .\ns 289 amd 2006 No. 60 s 151 ; 2023 No. 25 s 31 sch 1\n(sec.289-ssec.1) A person must not unlawfully take a covered gas or LPG. Maximum penalty—500 penalty units.\n(sec.289-ssec.2) A person unlawfully takes a covered gas or LPG if the person takes the covered gas or LPG from any of the following, unless the person has a lawful excuse— a distribution pipeline; an LPG distribution pipeline; a pipeline connected from the exit point of a meter installed for a customer’s premises. See also section 297 .\n- (a) a distribution pipeline;\n- (b) an LPG distribution pipeline;\n- (c) a pipeline connected from the exit point of a meter installed for a customer’s premises.","sortOrder":428},{"sectionNumber":"sec.289A","sectionType":"section","heading":"Restriction on providing gas retail market services","content":"### sec.289A Restriction on providing gas retail market services\n\nA person other than the following must not provide gas retail market services to someone else—\nAEMO;\na director or other officer of AEMO acting within the scope of the person’s directorship or other office with AEMO;\nan employee of AEMO acting within the course of the employee’s employment with AEMO.\nMaximum penalty—500 penalty units.\nIn this section—\ngas retail market services means services provided by AEMO to others as the operator of the gas retail market.\ns 289A ins 2009 No. 16 s 45\n(sec.289A-ssec.1) A person other than the following must not provide gas retail market services to someone else— AEMO; a director or other officer of AEMO acting within the scope of the person’s directorship or other office with AEMO; an employee of AEMO acting within the course of the employee’s employment with AEMO. Maximum penalty—500 penalty units.\n(sec.289A-ssec.2) In this section— gas retail market services means services provided by AEMO to others as the operator of the gas retail market.\n- (a) AEMO;\n- (b) a director or other officer of AEMO acting within the scope of the person’s directorship or other office with AEMO;\n- (c) an employee of AEMO acting within the course of the employee’s employment with AEMO.","sortOrder":429},{"sectionNumber":"sec.290","sectionType":"section","heading":"False or misleading information","content":"### sec.290 False or misleading information\n\nA person must not make an entry in a document required to be kept under this Act knowing the entry to be false or misleading in a material particular.\nMaximum penalty—60 penalty units.\nA person of whom a direction or requirement under this Act has been made must not state anything or give a document or thing in response to the direction or requirement that the person knows is false or misleading in a material particular.\nMaximum penalty—60 penalty units.\nSee also section 294 .\n(sec.290-ssec.1) A person must not make an entry in a document required to be kept under this Act knowing the entry to be false or misleading in a material particular. Maximum penalty—60 penalty units.\n(sec.290-ssec.2) A person of whom a direction or requirement under this Act has been made must not state anything or give a document or thing in response to the direction or requirement that the person knows is false or misleading in a material particular. Maximum penalty—60 penalty units. See also section 294 .","sortOrder":430},{"sectionNumber":"sec.291","sectionType":"section","heading":"Attempts to commit offences","content":"### sec.291 Attempts to commit offences\n\nA person who attempts to commit an offence against this Act commits an offence.\nMaximum penalty for an attempt—half the maximum penalty for the completed offence.\nThe Criminal Code, section 4 applies to subsection (1) .\n(sec.291-ssec.1) A person who attempts to commit an offence against this Act commits an offence. Maximum penalty for an attempt—half the maximum penalty for the completed offence.\n(sec.291-ssec.2) The Criminal Code, section 4 applies to subsection (1) .","sortOrder":431},{"sectionNumber":"ch.6-pt.3","sectionType":"part","heading":"Offence proceedings","content":"# Offence proceedings","sortOrder":432},{"sectionNumber":"ch.6-pt.3-div.1","sectionType":"division","heading":"General provisions","content":"## General provisions","sortOrder":433},{"sectionNumber":"sec.292","sectionType":"section","heading":"Offences under Act are summary","content":"### sec.292 Offences under Act are summary\n\nAn offence against this Act is a summary offence.\nA proceeding for an offence against this Act must start within the later of the following periods to end—\n1 year after the commission of the offence;\n6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\n(sec.292-ssec.1) An offence against this Act is a summary offence.\n(sec.292-ssec.2) A proceeding for an offence against this Act must start within the later of the following periods to end— 1 year after the commission of the offence; 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\n- (a) 1 year after the commission of the offence;\n- (b) 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.","sortOrder":434},{"sectionNumber":"sec.293","sectionType":"section","heading":"Statement of complainant’s knowledge","content":"### sec.293 Statement of complainant’s knowledge\n\nIn a complaint starting a proceeding for an offence against this Act, a statement that the matter of the complaint came to the complainant’s knowledge on a stated day is evidence the matter came to the complainant’s knowledge on that day.","sortOrder":435},{"sectionNumber":"sec.294","sectionType":"section","heading":"Allegations of false or misleading matters","content":"### sec.294 Allegations of false or misleading matters\n\nThis section applies to a proceeding for an offence against this Act described as involving—\nfalse or misleading information; or\na false or misleading document or statement.\nSee section 290 .\nIt is enough for the complaint starting the proceeding to state the document, information or statement was ‘false or misleading’ to the defendant’s knowledge, without specifying which.\nIn the proceeding, evidence that the document, information or statement was given or made recklessly is evidence that it was given or made so as to be false or misleading.\n(sec.294-ssec.1) This section applies to a proceeding for an offence against this Act described as involving— false or misleading information; or a false or misleading document or statement. See section 290 .\n(sec.294-ssec.2) It is enough for the complaint starting the proceeding to state the document, information or statement was ‘false or misleading’ to the defendant’s knowledge, without specifying which.\n(sec.294-ssec.3) In the proceeding, evidence that the document, information or statement was given or made recklessly is evidence that it was given or made so as to be false or misleading.\n- (a) false or misleading information; or\n- (b) a false or misleading document or statement.","sortOrder":436},{"sectionNumber":"sec.295","sectionType":"section","heading":"Evidence of tampering with gas infrastructure","content":"### sec.295 Evidence of tampering with gas infrastructure\n\nIf—\non, or in association with, a customer’s covered gas or LPG installation there exists a way to change or tamper with a distributor’s or LPG distributor’s gas infrastructure; and\nthe gas infrastructure is in the control or custody of the customer; and\nthere is a change to or tampering with the gas infrastructure;\nevidence of the existence of the way is evidence that the change or tampering has been caused by the customer.\nSee section 287 .\ns 295 amd 2006 No. 60 s 152 ; 2023 No. 25 s 31 sch 1\n- (a) on, or in association with, a customer’s covered gas or LPG installation there exists a way to change or tamper with a distributor’s or LPG distributor’s gas infrastructure; and\n- (b) the gas infrastructure is in the control or custody of the customer; and\n- (c) there is a change to or tampering with the gas infrastructure;","sortOrder":437},{"sectionNumber":"sec.296","sectionType":"section","heading":"Conduct of representatives","content":"### sec.296 Conduct of representatives\n\nThis section applies to a proceeding for an offence against this Act if it is relevant to prove a person’s state of mind about particular conduct.\nIt is enough to show—\nthe conduct was engaged in by a representative of the person within the scope of the representative’s actual or apparent authority; and\nthe representative had the state of mind.\nConduct engaged in for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been engaged in also by the person unless the person proves—\nif the person was in a position to influence the representative in relation to the conduct—the person took reasonable steps to prevent the conduct; or\nthe person was not in a position to influence the representative in relation to the conduct.\nIn this section—\nengaging in conduct includes failing to engage in conduct.\nrepresentative means—\nfor a corporation—an agent, employee or executive officer of the corporation; or\nfor an individual—an agent or employee of the individual.\nstate of mind of a person includes the person’s—\nbelief, intention, knowledge, opinion or purpose; and\nreasons for the belief, intention, opinion or purpose.\n(sec.296-ssec.1) This section applies to a proceeding for an offence against this Act if it is relevant to prove a person’s state of mind about particular conduct.\n(sec.296-ssec.2) It is enough to show— the conduct was engaged in by a representative of the person within the scope of the representative’s actual or apparent authority; and the representative had the state of mind.\n(sec.296-ssec.3) Conduct engaged in for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been engaged in also by the person unless the person proves— if the person was in a position to influence the representative in relation to the conduct—the person took reasonable steps to prevent the conduct; or the person was not in a position to influence the representative in relation to the conduct.\n(sec.296-ssec.4) In this section— engaging in conduct includes failing to engage in conduct. representative means— for a corporation—an agent, employee or executive officer of the corporation; or for an individual—an agent or employee of the individual. state of mind of a person includes the person’s— belief, intention, knowledge, opinion or purpose; and reasons for the belief, intention, opinion or purpose.\n- (a) the conduct was engaged in by a representative of the person within the scope of the representative’s actual or apparent authority; and\n- (b) the representative had the state of mind.\n- (a) if the person was in a position to influence the representative in relation to the conduct—the person took reasonable steps to prevent the conduct; or\n- (b) the person was not in a position to influence the representative in relation to the conduct.\n- (a) for a corporation—an agent, employee or executive officer of the corporation; or\n- (b) for an individual—an agent or employee of the individual.\n- (a) belief, intention, knowledge, opinion or purpose; and\n- (b) reasons for the belief, intention, opinion or purpose.","sortOrder":438},{"sectionNumber":"ch.6-pt.3-div.2","sectionType":"division","heading":"Provisions for proceedings for unlawfully taking covered gases or LPG","content":"## Provisions for proceedings for unlawfully taking covered gases or LPG","sortOrder":439},{"sectionNumber":"sec.297","sectionType":"section","heading":"Evidence of unlawful taking of covered gases or LPG","content":"### sec.297 Evidence of unlawful taking of covered gases or LPG\n\nIf—\non, or in association with, a customer’s installation for a covered gas or LPG there exists a way to unlawfully take the covered gas or LPG; and\nthe covered gas or LPG is unlawfully taken from the installation;\nevidence of the existence of the way is evidence that the customer has unlawfully taken the covered gas or LPG.\ns 297 amd 2006 No. 60 s 154\nsub 2023 No. 25 s 31 sch 1\n- (a) on, or in association with, a customer’s installation for a covered gas or LPG there exists a way to unlawfully take the covered gas or LPG; and\n- (b) the covered gas or LPG is unlawfully taken from the installation;","sortOrder":440},{"sectionNumber":"sec.298","sectionType":"section","heading":"Proceeding may be for a period","content":"### sec.298 Proceeding may be for a period\n\nIf the day or days on which a person is alleged to have been unlawfully taking a covered gas or LPG can not be established, the person may—\nbe charged with 1 offence of unlawfully taking the covered gas or LPG over, or at some unknown time during, a stated period; and\nbe convicted and punished accordingly.\ns 298 amd 2006 No. 60 s 155 ; 2023 No. 25 s 31 sch 1\n- (a) be charged with 1 offence of unlawfully taking the covered gas or LPG over, or at some unknown time during, a stated period; and\n- (b) be convicted and punished accordingly.","sortOrder":441},{"sectionNumber":"sec.299","sectionType":"section","heading":"Ownership of covered gases or LPG for proceeding","content":"### sec.299 Ownership of covered gases or LPG for proceeding\n\nThis section applies in a proceeding for an offence against this or another Act in which it is claimed a covered gas or LPG has been unlawfully taken.\nThe covered gas or LPG is taken to belong to any person through whose distribution or other pipeline the covered gas or LPG was being transported when it was unlawfully taken.\ns 299 amd 2006 No. 60 s 156\nsub 2023 No. 25 s 31 sch 1\n(sec.299-ssec.1) This section applies in a proceeding for an offence against this or another Act in which it is claimed a covered gas or LPG has been unlawfully taken.\n(sec.299-ssec.2) The covered gas or LPG is taken to belong to any person through whose distribution or other pipeline the covered gas or LPG was being transported when it was unlawfully taken.","sortOrder":442},{"sectionNumber":"ch.6-pt.3-div.3","sectionType":"division","heading":"Provisions for civil penalty proceedings","content":"## Provisions for civil penalty proceedings","sortOrder":443},{"sectionNumber":"sec.299A","sectionType":"section","heading":"Relationship with criminal proceedings","content":"### sec.299A Relationship with criminal proceedings\n\nThis section applies if—\naction (a civil penalty proceeding ) is taken against or in relation to a person, consisting of—\nan application under section 270W for a civil penalty order; or\na referral under section 270ZB to the regulator and any decision in relation to the referral that involves the imposition of a civil penalty; and\na criminal proceeding has been started, or has already been started, against the person for an offence; and\nthe conduct that constitutes the offence is the same, or substantially the same, as the conduct the subject of the civil penalty proceeding.\nThe civil penalty proceeding must be stayed or not continued.\nHowever, the civil penalty proceeding may be resumed if, at the end of the criminal proceeding, there is no conviction for the offence.\nEvidence in the civil penalty proceeding of information given, or documents produced, by a person is not admissible in evidence in the criminal proceeding.\nIn this section—\nconduct includes an omission.\nconviction includes a finding of guilt, or the acceptance of a plea of guilt, by a court whether or not a conviction is recorded.\ns 299A ins 2006 No. 60 s 157\n(sec.299A-ssec.1) This section applies if— action (a civil penalty proceeding ) is taken against or in relation to a person, consisting of— an application under section 270W for a civil penalty order; or a referral under section 270ZB to the regulator and any decision in relation to the referral that involves the imposition of a civil penalty; and a criminal proceeding has been started, or has already been started, against the person for an offence; and the conduct that constitutes the offence is the same, or substantially the same, as the conduct the subject of the civil penalty proceeding.\n(sec.299A-ssec.2) The civil penalty proceeding must be stayed or not continued.\n(sec.299A-ssec.3) However, the civil penalty proceeding may be resumed if, at the end of the criminal proceeding, there is no conviction for the offence.\n(sec.299A-ssec.4) Evidence in the civil penalty proceeding of information given, or documents produced, by a person is not admissible in evidence in the criminal proceeding.\n(sec.299A-ssec.5) In this section— conduct includes an omission. conviction includes a finding of guilt, or the acceptance of a plea of guilt, by a court whether or not a conviction is recorded.\n- (a) action (a civil penalty proceeding ) is taken against or in relation to a person, consisting of— (i) an application under section 270W for a civil penalty order; or (ii) a referral under section 270ZB to the regulator and any decision in relation to the referral that involves the imposition of a civil penalty; and\n- (i) an application under section 270W for a civil penalty order; or\n- (ii) a referral under section 270ZB to the regulator and any decision in relation to the referral that involves the imposition of a civil penalty; and\n- (b) a criminal proceeding has been started, or has already been started, against the person for an offence; and\n- (c) the conduct that constitutes the offence is the same, or substantially the same, as the conduct the subject of the civil penalty proceeding.\n- (i) an application under section 270W for a civil penalty order; or\n- (ii) a referral under section 270ZB to the regulator and any decision in relation to the referral that involves the imposition of a civil penalty; and","sortOrder":444},{"sectionNumber":"sec.299B","sectionType":"section","heading":"Avoidance of multiple penalties","content":"### sec.299B Avoidance of multiple penalties\n\nIf—\na civil penalty proceeding under section 299A is taken; and\nconduct, or substantially the same conduct, the subject of the civil penalty proceeding constitutes a contravention of 2 or more distribution network code provisions;\na civil penalty must not be imposed or ordered in the civil penalty proceeding more than once for that conduct.\ns 299B ins 2006 No. 60 s 157\namd 2014 No. 48 s 183 sch 1\n- (a) a civil penalty proceeding under section 299A is taken; and\n- (b) conduct, or substantially the same conduct, the subject of the civil penalty proceeding constitutes a contravention of 2 or more distribution network code provisions;","sortOrder":445},{"sectionNumber":"ch.6-pt.4","sectionType":"part","heading":"General remedies","content":"# General remedies","sortOrder":446},{"sectionNumber":"sec.300","sectionType":"section","heading":"Forfeiture and costs of remedial work","content":"### sec.300 Forfeiture and costs of remedial work\n\nIf a court convicts a person for an offence against this Act, it may—\norder the forfeiture to the State of—\nanything used to commit the offence; or\nanything else the subject of the offence; and\nmake any order to enforce the forfeiture it considers appropriate; and\norder the person to pay the State the amount of costs it incurred for remedial work that was necessary or desirable because of the commission of the offence.\nForfeiture of a thing may be ordered—\nwhether or not it has been seized under another Act; and\nif it has been seized, whether or not it has been returned to its owner.\n(sec.300-ssec.1) If a court convicts a person for an offence against this Act, it may— order the forfeiture to the State of— anything used to commit the offence; or anything else the subject of the offence; and make any order to enforce the forfeiture it considers appropriate; and order the person to pay the State the amount of costs it incurred for remedial work that was necessary or desirable because of the commission of the offence.\n(sec.300-ssec.2) Forfeiture of a thing may be ordered— whether or not it has been seized under another Act; and if it has been seized, whether or not it has been returned to its owner.\n- (a) order the forfeiture to the State of— (i) anything used to commit the offence; or (ii) anything else the subject of the offence; and\n- (i) anything used to commit the offence; or\n- (ii) anything else the subject of the offence; and\n- (b) make any order to enforce the forfeiture it considers appropriate; and\n- (c) order the person to pay the State the amount of costs it incurred for remedial work that was necessary or desirable because of the commission of the offence.\n- (i) anything used to commit the offence; or\n- (ii) anything else the subject of the offence; and\n- (a) whether or not it has been seized under another Act; and\n- (b) if it has been seized, whether or not it has been returned to its owner.","sortOrder":447},{"sectionNumber":"sec.301","sectionType":"section","heading":"Additional consequences of unlawfully operating distribution pipe","content":"### sec.301 Additional consequences of unlawfully operating distribution pipe\n\nThis section applies if, under section 286 , a person unlawfully transports a covered gas or provides customer connection services.\nThe person can not recover from anyone else an amount for—\nthe covered gas; or\nthe transportation; or\nthe services.\nSubsection (2) applies whether or not the person has been convicted for an offence against section 286 .\nIf a court convicts a person for an offence against section 286 relating to the transportation or services, the court, or another court of competent jurisdiction, may order the person to pay the State the amount of any profits the person made because of the transportation or services.\ns 301 amd 2006 No. 60 s 158 ; 2023 No. 25 s 31 sch 1\n(sec.301-ssec.1) This section applies if, under section 286 , a person unlawfully transports a covered gas or provides customer connection services.\n(sec.301-ssec.2) The person can not recover from anyone else an amount for— the covered gas; or the transportation; or the services.\n(sec.301-ssec.3) Subsection (2) applies whether or not the person has been convicted for an offence against section 286 .\n(sec.301-ssec.4) If a court convicts a person for an offence against section 286 relating to the transportation or services, the court, or another court of competent jurisdiction, may order the person to pay the State the amount of any profits the person made because of the transportation or services.\n- (a) the covered gas; or\n- (b) the transportation; or\n- (c) the services.","sortOrder":448},{"sectionNumber":"sec.302","sectionType":"section","heading":null,"content":"### Section sec.302\n\ns 302 amd 2006 No. 60 s 159\nom 2014 No. 48 s 167","sortOrder":449},{"sectionNumber":"sec.303","sectionType":"section","heading":"Recovery of unlawful profits","content":"### sec.303 Recovery of unlawful profits\n\nIf a court convicts a distributor for an offence against this Act, the court or another court of competent jurisdiction, may order the distributor to pay the State the amount of any profits the distributor made because of the commission of the offence.\ns 303 amd 2014 No. 48 s 168","sortOrder":450},{"sectionNumber":"ch.6-pt.5","sectionType":"part","heading":"Evidentiary provisions","content":"# Evidentiary provisions","sortOrder":451},{"sectionNumber":"sec.304","sectionType":"section","heading":"Application of pt 5","content":"### sec.304 Application of pt 5\n\nThis part applies to a proceeding under or in relation to this Act.","sortOrder":452},{"sectionNumber":"sec.305","sectionType":"section","heading":"Appointments and authority","content":"### sec.305 Appointments and authority\n\nThe following must be presumed unless a party to the proceeding, by reasonable notice, requires proof of it—\nthe appointment of a distribution officer;\nthe power of the Minister or the regulator to do anything under this Act.\n- (a) the appointment of a distribution officer;\n- (b) the power of the Minister or the regulator to do anything under this Act.","sortOrder":453},{"sectionNumber":"sec.306","sectionType":"section","heading":"Signatures","content":"### sec.306 Signatures\n\nA signature purporting to be the signature of the Minister or the regulator is evidence of the signature it purports to be.","sortOrder":454},{"sectionNumber":"sec.307","sectionType":"section","heading":"Other evidentiary aids","content":"### sec.307 Other evidentiary aids\n\nA certificate purporting to be signed by the regulator stating any of the following matters is evidence of the matter—\na stated document is a thing as follows given, issued, kept or made under this Act—\nan appointment, approval or decision;\na declaration, direction, notice or requirement;\na distribution authority;\nthe register of authorities;\nanother record;\na stated document is another document kept under this Act;\na stated document is a copy of, or an extract from or part of, a thing mentioned in paragraph (a) or (b) ;\nthat, on a stated day—\na stated person was given a stated decision, direction or notice under this Act; or\na stated requirement under this Act was made of a stated person;\non a stated day, or during a stated period, a distribution authority—\nwas, or was not, in force; or\nwas, or was not, subject to a stated condition; or\nwas, or was not, cancelled;\na stated amount is payable under this Act by a stated person and has not been paid.\ns 307 amd 2006 No. 60 s 58 sch ; 2014 No. 48 s 169\n- (a) a stated document is a thing as follows given, issued, kept or made under this Act— (i) an appointment, approval or decision; (ii) a declaration, direction, notice or requirement; (iii) a distribution authority; (iv) the register of authorities; (v) another record;\n- (i) an appointment, approval or decision;\n- (ii) a declaration, direction, notice or requirement;\n- (iii) a distribution authority;\n- (iv) the register of authorities;\n- (v) another record;\n- (b) a stated document is another document kept under this Act;\n- (c) a stated document is a copy of, or an extract from or part of, a thing mentioned in paragraph (a) or (b) ;\n- (d) that, on a stated day— (i) a stated person was given a stated decision, direction or notice under this Act; or (ii) a stated requirement under this Act was made of a stated person;\n- (i) a stated person was given a stated decision, direction or notice under this Act; or\n- (ii) a stated requirement under this Act was made of a stated person;\n- (e) on a stated day, or during a stated period, a distribution authority— (i) was, or was not, in force; or (ii) was, or was not, subject to a stated condition; or (iii) was, or was not, cancelled;\n- (i) was, or was not, in force; or\n- (ii) was, or was not, subject to a stated condition; or\n- (iii) was, or was not, cancelled;\n- (f) a stated amount is payable under this Act by a stated person and has not been paid.\n- (i) an appointment, approval or decision;\n- (ii) a declaration, direction, notice or requirement;\n- (iii) a distribution authority;\n- (iv) the register of authorities;\n- (v) another record;\n- (i) a stated person was given a stated decision, direction or notice under this Act; or\n- (ii) a stated requirement under this Act was made of a stated person;\n- (i) was, or was not, in force; or\n- (ii) was, or was not, subject to a stated condition; or\n- (iii) was, or was not, cancelled;","sortOrder":455},{"sectionNumber":"sec.307A","sectionType":"section","heading":"Evidentiary effect of code contravention notice","content":"### sec.307A Evidentiary effect of code contravention notice\n\nA document purporting to be a certified copy of a code contravention notice is evidence—\nthat the notice was a code contravention notice given under chapter 5A , part 5 , division 1 ; and\nof the contravention or other matters stated in it; and\nthat the notice has been given to the distributor stated in the notice.\nIn this section—\ncertified copy means a copy with a certificate purporting to be signed by a member of QCA stating the copy is a true copy of the document it purports to be.\ns 307A ins 2006 No. 60 s 160\namd 2014 No. 48 s 170\n(sec.307A-ssec.1) A document purporting to be a certified copy of a code contravention notice is evidence— that the notice was a code contravention notice given under chapter 5A , part 5 , division 1 ; and of the contravention or other matters stated in it; and that the notice has been given to the distributor stated in the notice.\n(sec.307A-ssec.2) In this section— certified copy means a copy with a certificate purporting to be signed by a member of QCA stating the copy is a true copy of the document it purports to be.\n- (a) that the notice was a code contravention notice given under chapter 5A , part 5 , division 1 ; and\n- (b) of the contravention or other matters stated in it; and\n- (c) that the notice has been given to the distributor stated in the notice.","sortOrder":456},{"sectionNumber":"ch.6-pt.6","sectionType":"part","heading":"Registers","content":"# Registers","sortOrder":457},{"sectionNumber":"sec.308","sectionType":"section","heading":"Register of authorities","content":"### sec.308 Register of authorities\n\nThe regulator must keep a register of—\ndetails about distribution authorities; and\nother documents relating to this Act the regulator considers appropriate.\ns 308 amd 2006 No. 60 s 58 sch ; 2014 No. 48 s 171\n- (a) details about distribution authorities; and\n- (b) other documents relating to this Act the regulator considers appropriate.","sortOrder":458},{"sectionNumber":"sec.309","sectionType":"section","heading":"Keeping of register of authorities","content":"### sec.309 Keeping of register of authorities\n\nThe regulator must include in the register of authorities information about the distribution area mentioned in section 28 (a) for a distribution authority.\nIf an authority is cancelled, suspended or surrendered, the regulator must record in the register of authorities—\nthe cancellation, surrender or suspension, and when it took effect; and\nfor a suspension—when the suspension started and, if it is for a period, when it is to end.\nThe regulator may include in the register of authorities other details about distribution authorities.\nIf under this Act there is a change relating to information kept in the register of authorities the regulator must—\namend the register of authorities to reflect the change; and\nrecord in the register of authorities when the information was amended.\nFor subsection (4) , the change is made on the later of the following—\nif the change requires approval under this Act—when it was approved;\nwhen it takes effect.\ns 309 amd 2005 No. 51 s 36 ; 2006 No. 60 s 58 sch ; 2014 No. 48 s 172\n(sec.309-ssec.1) The regulator must include in the register of authorities information about the distribution area mentioned in section 28 (a) for a distribution authority.\n(sec.309-ssec.2) If an authority is cancelled, suspended or surrendered, the regulator must record in the register of authorities— the cancellation, surrender or suspension, and when it took effect; and for a suspension—when the suspension started and, if it is for a period, when it is to end.\n(sec.309-ssec.3) The regulator may include in the register of authorities other details about distribution authorities.\n(sec.309-ssec.4) If under this Act there is a change relating to information kept in the register of authorities the regulator must— amend the register of authorities to reflect the change; and record in the register of authorities when the information was amended.\n(sec.309-ssec.5) For subsection (4) , the change is made on the later of the following— if the change requires approval under this Act—when it was approved; when it takes effect.\n- (a) the cancellation, surrender or suspension, and when it took effect; and\n- (b) for a suspension—when the suspension started and, if it is for a period, when it is to end.\n- (a) amend the register of authorities to reflect the change; and\n- (b) record in the register of authorities when the information was amended.\n- (a) if the change requires approval under this Act—when it was approved;\n- (b) when it takes effect.","sortOrder":459},{"sectionNumber":"sec.310","sectionType":"section","heading":"Access to register of authorities","content":"### sec.310 Access to register of authorities\n\nThe regulator must—\nkeep the register of authorities open for inspection by the public during office hours on business days at—\nthe department’s head office; and\nother places the regulator considers appropriate; and\nallow a person to take extracts, free of charge, from the register of authorities; and\nif a person asks for a copy of the register of authorities, or a part of it—give the person the copy on payment of an appropriate fee for the copy.\nThis section does not apply to any part of the register of authorities that is RTI excluded information.\nIn this section—\nappropriate fee , for a copy of the register of authorities, or a part of it, means a fee that is no more than the reasonable costs incurred in making and giving the copy.\ns 310 amd 2006 No. 60 s 58 sch ; 2009 No. 13 s 213 sch 5\n(sec.310-ssec.1) The regulator must— keep the register of authorities open for inspection by the public during office hours on business days at— the department’s head office; and other places the regulator considers appropriate; and allow a person to take extracts, free of charge, from the register of authorities; and if a person asks for a copy of the register of authorities, or a part of it—give the person the copy on payment of an appropriate fee for the copy.\n(sec.310-ssec.2) This section does not apply to any part of the register of authorities that is RTI excluded information.\n(sec.310-ssec.3) In this section— appropriate fee , for a copy of the register of authorities, or a part of it, means a fee that is no more than the reasonable costs incurred in making and giving the copy.\n- (a) keep the register of authorities open for inspection by the public during office hours on business days at— (i) the department’s head office; and (ii) other places the regulator considers appropriate; and\n- (i) the department’s head office; and\n- (ii) other places the regulator considers appropriate; and\n- (b) allow a person to take extracts, free of charge, from the register of authorities; and\n- (c) if a person asks for a copy of the register of authorities, or a part of it—give the person the copy on payment of an appropriate fee for the copy.\n- (i) the department’s head office; and\n- (ii) other places the regulator considers appropriate; and","sortOrder":460},{"sectionNumber":"sec.310A","sectionType":"section","heading":"Registers QCA must keep","content":"### sec.310A Registers QCA must keep\n\nQCA must keep a register of each of the following—\ndistribution network codes;\nwarning notices, including expired warning notices;\nconduct assurances;\ncode contravention notices, including expired code contravention notices.\nFor access to the registers, see the QCA Act, sections 227A to 227C .\ns 310A ins 2006 No. 60 s 161\namd 2014 No. 48 s 173\n- (a) distribution network codes;\n- (b) warning notices, including expired warning notices;\n- (c) conduct assurances;\n- (d) code contravention notices, including expired code contravention notices.","sortOrder":461},{"sectionNumber":"ch.6-pt.7","sectionType":"part","heading":"Additional provisions for applications","content":"# Additional provisions for applications","sortOrder":462},{"sectionNumber":"sec.311","sectionType":"section","heading":"Substantial compliance with application requirements may be accepted","content":"### sec.311 Substantial compliance with application requirements may be accepted\n\nIf—\na person has made, or purported to make, an application under this Act; and\nthe requirements under this Act for making the application have not been complied with; and\nthe person who must decide the application is reasonably satisfied the information provided in or with the application is enough to allow the person to decide the application in the way required under this Act;\nthe person may decide to allow the application to proceed as if it did comply with the requirements.\n- (a) a person has made, or purported to make, an application under this Act; and\n- (b) the requirements under this Act for making the application have not been complied with; and\n- (c) the person who must decide the application is reasonably satisfied the information provided in or with the application is enough to allow the person to decide the application in the way required under this Act;","sortOrder":463},{"sectionNumber":"sec.312","sectionType":"section","heading":"Additional information may be required about application","content":"### sec.312 Additional information may be required about application\n\nIf a person (the decision maker ) is deciding, or is required to decide, an application under this Act, the decision maker may, by notice, require the applicant to give the decision maker within a stated reasonable period—\nadditional information about, or a document relevant to, the application; or\na statutory declaration verifying any information included in the application or any additional information required under paragraph (a) .\nIf the applicant does not give the decision maker the additional information or declaration by the stated day, the decision maker may refuse the application.\nThe applicant must pay any costs incurred in complying with the notice.\n(sec.312-ssec.1) If a person (the decision maker ) is deciding, or is required to decide, an application under this Act, the decision maker may, by notice, require the applicant to give the decision maker within a stated reasonable period— additional information about, or a document relevant to, the application; or a statutory declaration verifying any information included in the application or any additional information required under paragraph (a) .\n(sec.312-ssec.2) If the applicant does not give the decision maker the additional information or declaration by the stated day, the decision maker may refuse the application.\n(sec.312-ssec.3) The applicant must pay any costs incurred in complying with the notice.\n- (a) additional information about, or a document relevant to, the application; or\n- (b) a statutory declaration verifying any information included in the application or any additional information required under paragraph (a) .","sortOrder":464},{"sectionNumber":"sec.313","sectionType":"section","heading":"Power to refund application fee on withdrawal","content":"### sec.313 Power to refund application fee on withdrawal\n\nIf an application under this Act is withdrawn, the person who must decide the application may refund the whole or part of any fee paid for the application.\nIn deciding whether to refund, the person must have regard to—\nwhen the application was made; and\nwhen it was withdrawn; and\nthe extent to which the application was decided before the withdrawal.\n(sec.313-ssec.1) If an application under this Act is withdrawn, the person who must decide the application may refund the whole or part of any fee paid for the application.\n(sec.313-ssec.2) In deciding whether to refund, the person must have regard to— when the application was made; and when it was withdrawn; and the extent to which the application was decided before the withdrawal.\n- (a) when the application was made; and\n- (b) when it was withdrawn; and\n- (c) the extent to which the application was decided before the withdrawal.","sortOrder":465},{"sectionNumber":"ch.6-pt.8","sectionType":"part","heading":"Other miscellaneous provisions","content":"# Other miscellaneous provisions","sortOrder":466},{"sectionNumber":"sec.314","sectionType":"section","heading":"Replacement of authority","content":"### sec.314 Replacement of authority\n\nIf an authority under this Act has been lost, stolen or destroyed, its holder may apply to the regulator who may issue the authority to replace it.\nThe regulator must decide to grant or refuse the application.\nIf the regulator is reasonably satisfied the authority has been lost, stolen or destroyed, the regulator must grant the application and replace it.\nIf the regulator decides to refuse the application, the regulator must, as soon as practicable, give the holder an information notice about the decision.\ns 314 amd 2004 No. 25 s 987\n(sec.314-ssec.1) If an authority under this Act has been lost, stolen or destroyed, its holder may apply to the regulator who may issue the authority to replace it.\n(sec.314-ssec.2) The regulator must decide to grant or refuse the application.\n(sec.314-ssec.3) If the regulator is reasonably satisfied the authority has been lost, stolen or destroyed, the regulator must grant the application and replace it.\n(sec.314-ssec.4) If the regulator decides to refuse the application, the regulator must, as soon as practicable, give the holder an information notice about the decision.","sortOrder":467},{"sectionNumber":"sec.315","sectionType":"section","heading":"Protection from civil liability for particular persons","content":"### sec.315 Protection from civil liability for particular persons\n\nThis section applies to each of the following persons (a relevant person )—\nthe Minister;\nthe regulator;\na person to whom an insufficiency of supply direction has been given and who is complying with the direction;\nan industry participant to whom a notice under section 245 has been given and who is complying with the notice;\nQCA.\nA relevant person is not civilly liable to someone for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (2) prevents a civil liability attaching to a relevant person, the liability attaches instead to the State.\nIn this section—\ncivil liability includes liability for the payment of costs ordered to be paid in a proceeding for an offence against this Act.\ns 315 amd 2006 No. 60 s 162 ; 2009 No. 16 s 46\n(sec.315-ssec.1) This section applies to each of the following persons (a relevant person )— the Minister; the regulator; a person to whom an insufficiency of supply direction has been given and who is complying with the direction; an industry participant to whom a notice under section 245 has been given and who is complying with the notice; QCA.\n(sec.315-ssec.2) A relevant person is not civilly liable to someone for an act done, or omission made, honestly and without negligence under this Act.\n(sec.315-ssec.3) If subsection (2) prevents a civil liability attaching to a relevant person, the liability attaches instead to the State.\n(sec.315-ssec.4) In this section— civil liability includes liability for the payment of costs ordered to be paid in a proceeding for an offence against this Act.\n- (a) the Minister;\n- (b) the regulator;\n- (c) a person to whom an insufficiency of supply direction has been given and who is complying with the direction;\n- (d) an industry participant to whom a notice under section 245 has been given and who is complying with the notice;\n- (e) QCA.","sortOrder":468},{"sectionNumber":"sec.316","sectionType":"section","heading":"Limitation of liability of distributors","content":"### sec.316 Limitation of liability of distributors\n\nThis section applies if a person incurs a cost, damage or loss because—\nof a partial or total failure to supply a covered gas; or\na defective reticulated covered gas was supplied to the person.\nThis section applies to a distributor only in relation to the distributor’s gas infrastructure that is not a distribution system under the NERL (Qld).\nA distributor is not civilly liable for the cost, damage or loss if—\nthe failure or defect was caused by a circumstance beyond the distributor’s control; and\nin relation to the supply of the covered gas, the distributor—\ncomplied with this Act and the conditions of any relevant distribution authority; and\nacted in good faith and without negligence.\nSubsection (3) —\nis subject to any agreement between the person and the distributor; and\ndoes not limit section 6 (3) .\ns 316 amd 2006 No. 60 s 163 ; 2014 No. 48 ss 174 , 183 sch 1 ; 2023 No. 25 s 31 sch 1\n(sec.316-ssec.1) This section applies if a person incurs a cost, damage or loss because— of a partial or total failure to supply a covered gas; or a defective reticulated covered gas was supplied to the person.\n(sec.316-ssec.2) This section applies to a distributor only in relation to the distributor’s gas infrastructure that is not a distribution system under the NERL (Qld).\n(sec.316-ssec.3) A distributor is not civilly liable for the cost, damage or loss if— the failure or defect was caused by a circumstance beyond the distributor’s control; and in relation to the supply of the covered gas, the distributor— complied with this Act and the conditions of any relevant distribution authority; and acted in good faith and without negligence.\n(sec.316-ssec.4) Subsection (3) — is subject to any agreement between the person and the distributor; and does not limit section 6 (3) .\n- (a) of a partial or total failure to supply a covered gas; or\n- (b) a defective reticulated covered gas was supplied to the person.\n- (a) the failure or defect was caused by a circumstance beyond the distributor’s control; and\n- (b) in relation to the supply of the covered gas, the distributor— (i) complied with this Act and the conditions of any relevant distribution authority; and (ii) acted in good faith and without negligence.\n- (i) complied with this Act and the conditions of any relevant distribution authority; and\n- (ii) acted in good faith and without negligence.\n- (i) complied with this Act and the conditions of any relevant distribution authority; and\n- (ii) acted in good faith and without negligence.\n- (a) is subject to any agreement between the person and the distributor; and\n- (b) does not limit section 6 (3) .","sortOrder":469},{"sectionNumber":"sec.316A","sectionType":"section","heading":"Protection from liability of member or employee of QCA","content":"### sec.316A Protection from liability of member or employee of QCA\n\nA member or employee of QCA is not civilly liable for an act done, or omission made, in good faith under this Act.\nIf subsection (1) prevents a civil liability attaching to a member or employee, the liability attaches instead to QCA.\ns 316A ins 2006 No. 60 s 164\n(sec.316A-ssec.1) A member or employee of QCA is not civilly liable for an act done, or omission made, in good faith under this Act.\n(sec.316A-ssec.2) If subsection (1) prevents a civil liability attaching to a member or employee, the liability attaches instead to QCA.","sortOrder":470},{"sectionNumber":"sec.317","sectionType":"section","heading":"Power to require additional information","content":"### sec.317 Power to require additional information\n\nThis section applies if—\na person is required under this Act to give the Minister or the regulator a notice or copy of a document or information (the advice ); and\nthe person gives the advice.\nThe Minister or the regulator may, by notice, require the person to give, within the reasonable time stated in the notice, written information about the matter for which the advice was given.\nThe person must comply with the notice.\nMaximum penalty for subsection (3) —300 penalty units.\n(sec.317-ssec.1) This section applies if— a person is required under this Act to give the Minister or the regulator a notice or copy of a document or information (the advice ); and the person gives the advice.\n(sec.317-ssec.2) The Minister or the regulator may, by notice, require the person to give, within the reasonable time stated in the notice, written information about the matter for which the advice was given.\n(sec.317-ssec.3) The person must comply with the notice. Maximum penalty for subsection (3) —300 penalty units.\n- (a) a person is required under this Act to give the Minister or the regulator a notice or copy of a document or information (the advice ); and\n- (b) the person gives the advice.","sortOrder":471},{"sectionNumber":"sec.318","sectionType":"section","heading":"Confidentiality of particular information","content":"### sec.318 Confidentiality of particular information\n\nThis section applies if—\na person gives information in response to—\na direction under section 233 ; or\na requirement under section 245 ; or\na requirement under section 317 that relates to information given under section 233 or 245 ; and\nthe information is RTI excluded information.\nIf an official acquires the information in the official’s capacity as an official the official must not disclose the information to anyone else, unless the disclosure is—\nmade with the person’s consent; or\nexpressly permitted or required under another Act.\nMaximum penalty—100 penalty units.\nIn this section—\nofficial means—\nthe Minister; or\nthe regulator; or\na person who is, or has been, a public service employee.\ns 318 amd 2009 No. 13 s 213 sch 5\n(sec.318-ssec.1) This section applies if— a person gives information in response to— a direction under section 233 ; or a requirement under section 245 ; or a requirement under section 317 that relates to information given under section 233 or 245 ; and the information is RTI excluded information.\n(sec.318-ssec.2) If an official acquires the information in the official’s capacity as an official the official must not disclose the information to anyone else, unless the disclosure is— made with the person’s consent; or expressly permitted or required under another Act. Maximum penalty—100 penalty units.\n(sec.318-ssec.3) In this section— official means— the Minister; or the regulator; or a person who is, or has been, a public service employee.\n- (a) a person gives information in response to— (i) a direction under section 233 ; or (ii) a requirement under section 245 ; or (iii) a requirement under section 317 that relates to information given under section 233 or 245 ; and\n- (i) a direction under section 233 ; or\n- (ii) a requirement under section 245 ; or\n- (iii) a requirement under section 317 that relates to information given under section 233 or 245 ; and\n- (b) the information is RTI excluded information.\n- (i) a direction under section 233 ; or\n- (ii) a requirement under section 245 ; or\n- (iii) a requirement under section 317 that relates to information given under section 233 or 245 ; and\n- (a) made with the person’s consent; or\n- (b) expressly permitted or required under another Act.\n- (a) the Minister; or\n- (b) the regulator; or\n- (c) a person who is, or has been, a public service employee.","sortOrder":472},{"sectionNumber":"sec.319","sectionType":"section","heading":"Application of provisions","content":"### sec.319 Application of provisions\n\nThis section applies if a provision of this Act applies any of the following (the applied law ) for a purpose—\nanother provision of this Act;\nanother law;\na provision of another law.\nThe applied law and any definition relevant to it apply with necessary changes.\nSubsection (2) is not limited merely because a provision states how the applied law is to apply.\n(sec.319-ssec.1) This section applies if a provision of this Act applies any of the following (the applied law ) for a purpose— another provision of this Act; another law; a provision of another law.\n(sec.319-ssec.2) The applied law and any definition relevant to it apply with necessary changes.\n(sec.319-ssec.3) Subsection (2) is not limited merely because a provision states how the applied law is to apply.\n- (a) another provision of this Act;\n- (b) another law;\n- (c) a provision of another law.","sortOrder":473},{"sectionNumber":"sec.320","sectionType":"section","heading":"Delegation by Minister","content":"### sec.320 Delegation by Minister\n\nThe Minister may delegate the Minister’s powers under this Act to an appropriately qualified public service officer or employee.\nHowever, the Minister can not delegate the power to make an insufficiency of supply declaration.\nThe Minister may delegate the Minister’s powers under chapter 3 , part 4 , division 2 to QCA.\ns 320 amd 2006 No. 60 s 165\n(sec.320-ssec.1) The Minister may delegate the Minister’s powers under this Act to an appropriately qualified public service officer or employee.\n(sec.320-ssec.2) However, the Minister can not delegate the power to make an insufficiency of supply declaration.\n(sec.320-ssec.3) The Minister may delegate the Minister’s powers under chapter 3 , part 4 , division 2 to QCA.","sortOrder":474},{"sectionNumber":"sec.321","sectionType":"section","heading":"Delegation by regulator","content":"### sec.321 Delegation by regulator\n\nThe regulator may delegate the regulator’s powers under this Act to an appropriately qualified public service officer or employee.","sortOrder":475},{"sectionNumber":"sec.321A","sectionType":"section","heading":null,"content":"### Section sec.321A\n\ns 321A ins 2006 No. 60 s 166\nom 2009 No. 16 s 47","sortOrder":476},{"sectionNumber":"sec.321B","sectionType":"section","heading":"Reporting to Minister by QCA","content":"### sec.321B Reporting to Minister by QCA\n\nQCA must, on or before each 31 December and 30 June, give the Minister a written report about the performance of—\nits functions under this Act; and\nany of the Minister’s functions under this Act that have been delegated to QCA.\nQCA may, from time to time, give the Minister reports about any significant events in the State’s covered gas market of which it considers the Minister ought to be aware, including, for example, systemic issues materially affecting consumers.\nIn this section a reference to the performance of a function includes the exercise of a power.\ns 321B ins 2006 No. 60 s 166\namd 2023 No. 25 s 31 sch 1\n(sec.321B-ssec.1) QCA must, on or before each 31 December and 30 June, give the Minister a written report about the performance of— its functions under this Act; and any of the Minister’s functions under this Act that have been delegated to QCA.\n(sec.321B-ssec.2) QCA may, from time to time, give the Minister reports about any significant events in the State’s covered gas market of which it considers the Minister ought to be aware, including, for example, systemic issues materially affecting consumers.\n(sec.321B-ssec.3) In this section a reference to the performance of a function includes the exercise of a power.\n- (a) its functions under this Act; and\n- (b) any of the Minister’s functions under this Act that have been delegated to QCA.","sortOrder":477},{"sectionNumber":"sec.322","sectionType":"section","heading":"Approved forms","content":"### sec.322 Approved forms\n\nThe regulator may approve forms for use under this Act.","sortOrder":478},{"sectionNumber":"sec.323","sectionType":"section","heading":"Regulation-making power","content":"### sec.323 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may be made about any of the following—\nany matter that may, under the National Gas (Queensland) Law , be prescribed under jurisdictional gas legislation;\nthe fees payable under this Act, including late payment fees;\nimposing a penalty of no more than 20 penalty units for a contravention of a provision of a regulation.\ns 323 amd 2009 No. 16 s 48\n(sec.323-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.323-ssec.2) A regulation may be made about any of the following— any matter that may, under the National Gas (Queensland) Law , be prescribed under jurisdictional gas legislation; the fees payable under this Act, including late payment fees; imposing a penalty of no more than 20 penalty units for a contravention of a provision of a regulation.\n- (a) any matter that may, under the National Gas (Queensland) Law , be prescribed under jurisdictional gas legislation;\n- (b) the fees payable under this Act, including late payment fees;\n- (c) imposing a penalty of no more than 20 penalty units for a contravention of a provision of a regulation.","sortOrder":479},{"sectionNumber":"ch.7-pt.1","sectionType":"part","heading":"Transitional provisions for Electricity and Other Legislation Amendment Act 2006","content":"# Transitional provisions for Electricity and Other Legislation Amendment Act 2006","sortOrder":480},{"sectionNumber":"sec.324","sectionType":"section","heading":"Definitions for pt 1","content":"### sec.324 Definitions for pt 1\n\nIn this part—\namendment Act means the Electricity and Other Legislation Amendment Act 2006 .\nformer , for a provision mentioned in this part, means the provision to which the reference relates is a provision of the pre-amended Act.\nFRC day means the day the amendment Act, section 114 commences.\nnew , for a provision mentioned in this part, means the provision to which the reference relates is a provision of the post-amended Act, as affected by any relevant definitions under the post-amended Act.\npost-amended Act means this Act as in force from the FRC day.\npre-amended Act means this Act as in force before the FRC day.\ns 324 amd 2004 No. 25 s 988\nsub 2006 No. 60 s 167\namd 2009 No. 16 s 50","sortOrder":481},{"sectionNumber":"sec.325","sectionType":"section","heading":"Conversion of customer retail contracts for particular small customers to standard contracts","content":"### sec.325 Conversion of customer retail contracts for particular small customers to standard contracts\n\nThis section applies on the FRC day if—\nimmediately before that day, a customer retail contract under the pre-amended Act (the existing contract ) was in force between a customer and a retailer for the provision of customer retail services to premises; and\nunder the post-amended Act the customer is a small customer for the premises; and\nnotified prices applied to the customer for the provision of the services to the premises.\nThe existing contract ends.\nThe ending of the existing contract does not affect rights or obligations accrued under it before the FRC day.\nThe customer and the retailer are, under new section 204, taken to have entered into a standard retail contract for the provision of the services to the premises.\nNew sections 204 and 207 apply to the standard retail contract as if it were a contract taken to have been entered into under that section.\ns 325 sub 2006 No. 60 s 167\n(sec.325-ssec.1) This section applies on the FRC day if— immediately before that day, a customer retail contract under the pre-amended Act (the existing contract ) was in force between a customer and a retailer for the provision of customer retail services to premises; and under the post-amended Act the customer is a small customer for the premises; and notified prices applied to the customer for the provision of the services to the premises.\n(sec.325-ssec.2) The existing contract ends.\n(sec.325-ssec.3) The ending of the existing contract does not affect rights or obligations accrued under it before the FRC day.\n(sec.325-ssec.4) The customer and the retailer are, under new section 204, taken to have entered into a standard retail contract for the provision of the services to the premises.\n(sec.325-ssec.5) New sections 204 and 207 apply to the standard retail contract as if it were a contract taken to have been entered into under that section.\n- (a) immediately before that day, a customer retail contract under the pre-amended Act (the existing contract ) was in force between a customer and a retailer for the provision of customer retail services to premises; and\n- (b) under the post-amended Act the customer is a small customer for the premises; and\n- (c) notified prices applied to the customer for the provision of the services to the premises.","sortOrder":482},{"sectionNumber":"sec.326","sectionType":"section","heading":"Small customer may enter into negotiated retail contract before FRC day","content":"### sec.326 Small customer may enter into negotiated retail contract before FRC day\n\nThis section applies if—\nunder the pre-amended Act, a customer is a non-contestable customer for premises; and\nthe customer would, under the post-amended Act, be a small customer for the premises.\nDespite former section 169, the customer may enter into a negotiated retail contract under the post-amended Act for the provision of customer retail services to the premises even though this Act is not in force in the form of the post-amended Act.\nHowever, until the FRC day—\ncustomer retail services can not be provided under the negotiated retail contract; and\nany customer retail contract under the pre-amended Act continues to apply for the provision of the services.\nAlso, it is taken to be a term of the negotiated contract that the customer may, by written notice to the relevant retailer given within 10 business days after the FRC day, terminate the contract without penalty.\nThe notice need not state a ground for the termination.\ns 326 sub 2006 No. 60 s 167\n(sec.326-ssec.1) This section applies if— under the pre-amended Act, a customer is a non-contestable customer for premises; and the customer would, under the post-amended Act, be a small customer for the premises.\n(sec.326-ssec.2) Despite former section 169, the customer may enter into a negotiated retail contract under the post-amended Act for the provision of customer retail services to the premises even though this Act is not in force in the form of the post-amended Act.\n(sec.326-ssec.3) However, until the FRC day— customer retail services can not be provided under the negotiated retail contract; and any customer retail contract under the pre-amended Act continues to apply for the provision of the services.\n(sec.326-ssec.4) Also, it is taken to be a term of the negotiated contract that the customer may, by written notice to the relevant retailer given within 10 business days after the FRC day, terminate the contract without penalty.\n(sec.326-ssec.5) The notice need not state a ground for the termination.\n- (a) under the pre-amended Act, a customer is a non-contestable customer for premises; and\n- (b) the customer would, under the post-amended Act, be a small customer for the premises.\n- (a) customer retail services can not be provided under the negotiated retail contract; and\n- (b) any customer retail contract under the pre-amended Act continues to apply for the provision of the services.","sortOrder":483},{"sectionNumber":"sec.327","sectionType":"section","heading":"Transitional retail contracts","content":"### sec.327 Transitional retail contracts\n\nThis section applies on the FRC day if—\nimmediately before that day, a customer retail contract under the pre-amended Act (the existing contract ) was in force between a customer and a retailer for the provision of customer retail services to premises; and\nin the 12 months before the FRC day, the customer at the premises consumed more than 1TJ, but less than 10TJ, of processed natural gas; and\nnotified prices applied to the customer for the provision of the services to the premises.\nThe existing contract ends.\nThe ending of the existing contract does not affect rights or obligations accrued under it before the FRC day.\nThe customer and the retailer are taken to have entered into a a new retail contract (the transitional retail contract ) for the provision of the services to the premises.\nThe terms of the transitional retail contract are the retailer’s terms for retail contracts of the type to which this section applies, as published on the area retailer’s website and given to QCA no later than 5 days before the FRC day.\nThe retailer must, as soon as practicable after publishing the terms under subsection (5), give the customer a notice that the terms of the retailer’s transitional retail contracts may be inspected on its website.\nThe customer and the retailer are taken to have agreed to comply with the terms and to have entered into the transitional retail contract as a deed.\nNew section 207 applies to the transitional retail contract as if a reference in the section to a standard retail contract were a reference to the transitional retail contract.\nThis section is subject to the retailer of last resort scheme.\ns 327 amd 2005 No. 51 s 37\nsub 2006 No. 60 s 167\n(sec.327-ssec.1) This section applies on the FRC day if— immediately before that day, a customer retail contract under the pre-amended Act (the existing contract ) was in force between a customer and a retailer for the provision of customer retail services to premises; and in the 12 months before the FRC day, the customer at the premises consumed more than 1TJ, but less than 10TJ, of processed natural gas; and notified prices applied to the customer for the provision of the services to the premises.\n(sec.327-ssec.2) The existing contract ends.\n(sec.327-ssec.3) The ending of the existing contract does not affect rights or obligations accrued under it before the FRC day.\n(sec.327-ssec.4) The customer and the retailer are taken to have entered into a a new retail contract (the transitional retail contract ) for the provision of the services to the premises.\n(sec.327-ssec.5) The terms of the transitional retail contract are the retailer’s terms for retail contracts of the type to which this section applies, as published on the area retailer’s website and given to QCA no later than 5 days before the FRC day.\n(sec.327-ssec.6) The retailer must, as soon as practicable after publishing the terms under subsection (5), give the customer a notice that the terms of the retailer’s transitional retail contracts may be inspected on its website.\n(sec.327-ssec.7) The customer and the retailer are taken to have agreed to comply with the terms and to have entered into the transitional retail contract as a deed.\n(sec.327-ssec.8) New section 207 applies to the transitional retail contract as if a reference in the section to a standard retail contract were a reference to the transitional retail contract.\n(sec.327-ssec.9) This section is subject to the retailer of last resort scheme.\n- (a) immediately before that day, a customer retail contract under the pre-amended Act (the existing contract ) was in force between a customer and a retailer for the provision of customer retail services to premises; and\n- (b) in the 12 months before the FRC day, the customer at the premises consumed more than 1TJ, but less than 10TJ, of processed natural gas; and\n- (c) notified prices applied to the customer for the provision of the services to the premises.","sortOrder":484},{"sectionNumber":"sec.328","sectionType":"section","heading":"References to other particular contracts under pre-amended Act","content":"### sec.328 References to other particular contracts under pre-amended Act\n\nIn an Act or document, a reference to a contract of a following type (the old type ) under the pre-amended Act is taken to be a reference to a type of contract under the post-amended Act stated opposite the old type—\na customer connection contract—a connection contract;\na customer retail contract—a retail contract.\nSubsection (1) applies subject to new sections 325 to 327.\ns 328 amd 2005 No. 51 s 38\nsub 2006 No. 60 s 167\n(sec.328-ssec.1) In an Act or document, a reference to a contract of a following type (the old type ) under the pre-amended Act is taken to be a reference to a type of contract under the post-amended Act stated opposite the old type— a customer connection contract—a connection contract; a customer retail contract—a retail contract.\n(sec.328-ssec.2) Subsection (1) applies subject to new sections 325 to 327.\n- (a) a customer connection contract—a connection contract;\n- (b) a customer retail contract—a retail contract.","sortOrder":485},{"sectionNumber":"sec.329","sectionType":"section","heading":"Price publication requirements of area retailers for FRC","content":"### sec.329 Price publication requirements of area retailers for FRC\n\nEach area retailer must, before the following day, publish and give the Minister and QCA a list of the indicative prices that it proposes to charge its small customers under a standard retail contract for the provision of customer retail services on the FRC day—\nif, before 31 March 2007, a day is prescribed under a regulation—the prescribed day;\notherwise—31 March 2007.\nMaximum penalty—500 penalty units.\nFor subsection (1), the indicative prices are the prices that the retailer reasonably estimates that it will be charging the customers for the services, other than for the following anticipated charges that it will pass on to them—\nnetwork use of system charges;\nnetwork FRC charges passed on to the area retailer from distributors;\ncharges from the GRMO.\nEach area retailer must, on the earlier of the following days, publish and give the Minister and QCA a list of its actual prices for the services—\nthe day that is 20 days after the last of the charges mentioned in subsection (2) is fixed;\nthe day that is 5 days before the FRC day.\nMaximum penalty—500 penalty units.\nA publication of actual prices under subsection (3) may be included in a publication of the area retailer’s standard terms under new section 206, as that section applies because of new section 330.\nIn this section—\nnetwork FRC charges means charges for costs incurred by distributors in implementing the amendments to this Act under the amendment Act that, under their approved access arrangements, may be passed on to customers.\nnetwork use of system charges means charges by the relevant distributor for customer connection services and the transportation of processed natural gas.\npublish means publish on the area retailer’s website.\ns 329 sub 2006 No. 60 s 167\n(sec.329-ssec.1) Each area retailer must, before the following day, publish and give the Minister and QCA a list of the indicative prices that it proposes to charge its small customers under a standard retail contract for the provision of customer retail services on the FRC day— if, before 31 March 2007, a day is prescribed under a regulation—the prescribed day; otherwise—31 March 2007. Maximum penalty—500 penalty units.\n(sec.329-ssec.2) For subsection (1), the indicative prices are the prices that the retailer reasonably estimates that it will be charging the customers for the services, other than for the following anticipated charges that it will pass on to them— network use of system charges; network FRC charges passed on to the area retailer from distributors; charges from the GRMO.\n(sec.329-ssec.3) Each area retailer must, on the earlier of the following days, publish and give the Minister and QCA a list of its actual prices for the services— the day that is 20 days after the last of the charges mentioned in subsection (2) is fixed; the day that is 5 days before the FRC day. Maximum penalty—500 penalty units.\n(sec.329-ssec.4) A publication of actual prices under subsection (3) may be included in a publication of the area retailer’s standard terms under new section 206, as that section applies because of new section 330.\n(sec.329-ssec.5) In this section— network FRC charges means charges for costs incurred by distributors in implementing the amendments to this Act under the amendment Act that, under their approved access arrangements, may be passed on to customers. network use of system charges means charges by the relevant distributor for customer connection services and the transportation of processed natural gas. publish means publish on the area retailer’s website.\n- (a) if, before 31 March 2007, a day is prescribed under a regulation—the prescribed day;\n- (b) otherwise—31 March 2007.\n- (a) network use of system charges;\n- (b) network FRC charges passed on to the area retailer from distributors;\n- (c) charges from the GRMO.\n- (a) the day that is 20 days after the last of the charges mentioned in subsection (2) is fixed;\n- (b) the day that is 5 days before the FRC day.","sortOrder":486},{"sectionNumber":"sec.330","sectionType":"section","heading":"Area retailer’s obligations about standard terms apply 1 month before FRC day","content":"### sec.330 Area retailer’s obligations about standard terms apply 1 month before FRC day\n\nNew sections 160, 205 and 206 apply to each area retailer as if the sections had commenced 1 month before the FRC day.\nHowever, subsection (1) does not apply for the retailer’s standard terms to the extent the terms are its prices for customer retail services.\nAlso, if the retailer gives a list as required under new section 329(3), the retailer may amend its standard terms to include the prices without complying with new section 206.\ns 330 sub 2006 No. 60 s 167\n(sec.330-ssec.1) New sections 160, 205 and 206 apply to each area retailer as if the sections had commenced 1 month before the FRC day.\n(sec.330-ssec.2) However, subsection (1) does not apply for the retailer’s standard terms to the extent the terms are its prices for customer retail services.\n(sec.330-ssec.3) Also, if the retailer gives a list as required under new section 329(3), the retailer may amend its standard terms to include the prices without complying with new section 206.","sortOrder":487},{"sectionNumber":"sec.331","sectionType":"section","heading":"Price publication requirements of general retailers for FRC","content":"### sec.331 Price publication requirements of general retailers for FRC\n\nEach general retailer must, before the FRC day, publish on its website and give QCA a list of its prices on the FRC day for its charges to small customers under a standard retail contract for customer retail services.\ns 331 sub 2006 No. 60 s 167","sortOrder":488},{"sectionNumber":"sec.332","sectionType":"section","heading":"Existing mediated agreements","content":"### sec.332 Existing mediated agreements\n\nFormer section 264 continues to apply for a mediated agreement under the pre-amended Act as if the section were still in force.\ns 332 sub 2006 No. 60 s 167","sortOrder":489},{"sectionNumber":"sec.333","sectionType":"section","heading":"Existing orders on arbitrated disputes","content":"### sec.333 Existing orders on arbitrated disputes\n\nFormer section 265 continues to apply for an order made under the section as if the section were still in force.\ns 333 sub 2006 No. 60 s 167","sortOrder":490},{"sectionNumber":"ch.7-pt.2","sectionType":"part","heading":"Transitional provision for Mines and Energy Legislation Amendment Act 2009","content":"# Transitional provision for Mines and Energy Legislation Amendment Act 2009","sortOrder":491},{"sectionNumber":"sec.334","sectionType":"section","heading":"Continued protection from civil liability for particular persons","content":"### sec.334 Continued protection from civil liability for particular persons\n\nThis section applies to each of the following persons (a relevant person )—\nthe GRMO;\na director or other officer of the GRMO acting within the scope of the person’s directorship or other office with the GRMO;\nan employee of the GRMO acting within the course of the employee’s employment with the GRMO.\nSection 315(2) to (4) continues to apply to a relevant person.\nIn this section—\nGRMO means a body corporate—\nappointed by the Minister under section 257A, as in force immediately before the commencement of this section, to be the gas retail market operator; and\nin existence as the operator immediately before the commencement of this section.\ns 334 prev s 334 om 2006 No. 60 s 167\npres s 334 ins 2009 No. 16 s 51\n(sec.334-ssec.1) This section applies to each of the following persons (a relevant person )— the GRMO; a director or other officer of the GRMO acting within the scope of the person’s directorship or other office with the GRMO; an employee of the GRMO acting within the course of the employee’s employment with the GRMO.\n(sec.334-ssec.2) Section 315(2) to (4) continues to apply to a relevant person.\n(sec.334-ssec.3) In this section— GRMO means a body corporate— appointed by the Minister under section 257A, as in force immediately before the commencement of this section, to be the gas retail market operator; and in existence as the operator immediately before the commencement of this section.\n- (a) the GRMO;\n- (b) a director or other officer of the GRMO acting within the scope of the person’s directorship or other office with the GRMO;\n- (c) an employee of the GRMO acting within the course of the employee’s employment with the GRMO.\n- (a) appointed by the Minister under section 257A, as in force immediately before the commencement of this section, to be the gas retail market operator; and\n- (b) in existence as the operator immediately before the commencement of this section.","sortOrder":492},{"sectionNumber":"ch.7-pt.3","sectionType":"part","heading":"Transitional provisions for Electricity Competition and Protection Legislation Amendment Act 2014","content":"# Transitional provisions for Electricity Competition and Protection Legislation Amendment Act 2014","sortOrder":493},{"sectionNumber":"sec.335","sectionType":"section","heading":"Definition for pt 3","content":"### sec.335 Definition for pt 3\n\nIn this part—\ncommencement means the commencement of this section.\ns 335 orig s 335 om 2006 No. 60 s 167\nprev s 335 ins 2010 No. 53 s 258 sch 2\nom 2013 No. 39 s 109 sch 2\npres s 335 ins 2014 No. 48 s 175","sortOrder":494},{"sectionNumber":"sec.336","sectionType":"section","heading":"Continuation of cancellation or suspension of distribution authorities","content":"### sec.336 Continuation of cancellation or suspension of distribution authorities\n\nThis section applies if, before the commencement—\nan event mentioned in section 57(2) has happened; and\nthe regulator had commenced procedures under section 58 or chapter 2, part 1, division 3, subdivision 5 in relation to the event for cancellation or suspension of a distribution authority.\nThis Act, as in force immediately before the commencement, continues to apply for the cancellation or suspension of the distribution authority.\ns 336 prev s 336 om 2006 No. 60 s 167\npres s 336 ins 2014 No. 48 s 175\n(sec.336-ssec.1) This section applies if, before the commencement— an event mentioned in section 57(2) has happened; and the regulator had commenced procedures under section 58 or chapter 2, part 1, division 3, subdivision 5 in relation to the event for cancellation or suspension of a distribution authority.\n(sec.336-ssec.2) This Act, as in force immediately before the commencement, continues to apply for the cancellation or suspension of the distribution authority.\n- (a) an event mentioned in section 57(2) has happened; and\n- (b) the regulator had commenced procedures under section 58 or chapter 2, part 1, division 3, subdivision 5 in relation to the event for cancellation or suspension of a distribution authority.","sortOrder":495},{"sectionNumber":"sec.337","sectionType":"section","heading":"Unfinished customer connection services","content":"### sec.337 Unfinished customer connection services\n\nThis section applies if—\nbefore the commencement, a customer and a distributor have entered into a connection contract under section 106; and\nat the commencement, the customer’s premises are not physically connected to the distributor’s distribution system.\nSection 108 as in force immediately before the commencement, continues to apply to the construction of the connection under the connection contract.\ns 337 prev s 337 om 2006 No. 60 s 167\npres s 337 ins 2014 No. 48 s 175\n(sec.337-ssec.1) This section applies if— before the commencement, a customer and a distributor have entered into a connection contract under section 106; and at the commencement, the customer’s premises are not physically connected to the distributor’s distribution system.\n(sec.337-ssec.2) Section 108 as in force immediately before the commencement, continues to apply to the construction of the connection under the connection contract.\n- (a) before the commencement, a customer and a distributor have entered into a connection contract under section 106; and\n- (b) at the commencement, the customer’s premises are not physically connected to the distributor’s distribution system.","sortOrder":496},{"sectionNumber":"sec.338","sectionType":"section","heading":"Undecided retail authority applications","content":"### sec.338 Undecided retail authority applications\n\nThis section applies if, before the commencement, a person applied to the regulator for a retail authority but the application had not been decided.\nThe application lapses.\nThe person may be able to apply for a retailer authorisation under the NERL (Qld).\ns 338 prev s 338 om 2006 No. 60 s 167\npres s 338 ins 2014 No. 48 s 175\n(sec.338-ssec.1) This section applies if, before the commencement, a person applied to the regulator for a retail authority but the application had not been decided.\n(sec.338-ssec.2) The application lapses. The person may be able to apply for a retailer authorisation under the NERL (Qld).","sortOrder":497},{"sectionNumber":"sec.339","sectionType":"section","heading":"Existing retail authorities","content":"### sec.339 Existing retail authorities\n\nThis section applies if, immediately before the commencement, a person was the holder of a retail authority.\nThe retail authority ceases to have effect.\nThe retail sale of processed natural gas is regulated under the NERL (Qld) from the commencement.\ns 339 prev s 339 om 2006 No. 60 s 167\npres s 339 ins 2014 No. 48 s 175\n(sec.339-ssec.1) This section applies if, immediately before the commencement, a person was the holder of a retail authority.\n(sec.339-ssec.2) The retail authority ceases to have effect. The retail sale of processed natural gas is regulated under the NERL (Qld) from the commencement.","sortOrder":498},{"sectionNumber":"sec.340","sectionType":"section","heading":"Continuation of actions by QCA","content":"### sec.340 Continuation of actions by QCA\n\nThis section applies if, before the commencement—\nQCA has given a warning notice under former section 270R to a distributor or retailer; or\nQCA has given a code contravention notice, under former section 270U, to a distributor or retailer; or\nQCA has, under former section 270W, applied to the Supreme Court for an order about the payment of a civil penalty by a distributor or retailer; or\nQCA has, under former chapter 5A, part 5, division 3, referred a matter to the regulator; or\nQCA has given a distributor or retailer a notice under former section 270ZE to produce documents or information; or\nQCA has, under former section 270ZG, required a distributor or retailer to carry out an internal audit or to appoint an independent auditor.\nQCA may continue to take action under chapter 5A, part 5 as in force immediately before the commencement.\nIn this section—\nformer , for a provision mentioned in this section, means the provision as in force immediately before the commencement.\ns 340 prev s 340 om 2006 No. 60 s 167\npres s 340 ins 2014 No. 48 s 175\n(sec.340-ssec.1) This section applies if, before the commencement— QCA has given a warning notice under former section 270R to a distributor or retailer; or QCA has given a code contravention notice, under former section 270U, to a distributor or retailer; or QCA has, under former section 270W, applied to the Supreme Court for an order about the payment of a civil penalty by a distributor or retailer; or QCA has, under former chapter 5A, part 5, division 3, referred a matter to the regulator; or QCA has given a distributor or retailer a notice under former section 270ZE to produce documents or information; or QCA has, under former section 270ZG, required a distributor or retailer to carry out an internal audit or to appoint an independent auditor.\n(sec.340-ssec.2) QCA may continue to take action under chapter 5A, part 5 as in force immediately before the commencement.\n(sec.340-ssec.3) In this section— former , for a provision mentioned in this section, means the provision as in force immediately before the commencement.\n- (a) QCA has given a warning notice under former section 270R to a distributor or retailer; or\n- (b) QCA has given a code contravention notice, under former section 270U, to a distributor or retailer; or\n- (c) QCA has, under former section 270W, applied to the Supreme Court for an order about the payment of a civil penalty by a distributor or retailer; or\n- (d) QCA has, under former chapter 5A, part 5, division 3, referred a matter to the regulator; or\n- (e) QCA has given a distributor or retailer a notice under former section 270ZE to produce documents or information; or\n- (f) QCA has, under former section 270ZG, required a distributor or retailer to carry out an internal audit or to appoint an independent auditor.","sortOrder":499},{"sectionNumber":"sec.341","sectionType":"section","heading":"Regulator may continue to impose civil penalties","content":"### sec.341 Regulator may continue to impose civil penalties\n\nThis section applies if, before the commencement—\na matter mentioned in section 270ZK, as in force immediately before the commencement, was referred to the regulator; and\nthe regulator has not yet exercised a power under section 270ZL in relation to the matter.\nThe regulator may exercise the power under section 270ZL in relation to the matter.\ns 341 ins 2014 No. 48 s 175\n(sec.341-ssec.1) This section applies if, before the commencement— a matter mentioned in section 270ZK, as in force immediately before the commencement, was referred to the regulator; and the regulator has not yet exercised a power under section 270ZL in relation to the matter.\n(sec.341-ssec.2) The regulator may exercise the power under section 270ZL in relation to the matter.\n- (a) a matter mentioned in section 270ZK, as in force immediately before the commencement, was referred to the regulator; and\n- (b) the regulator has not yet exercised a power under section 270ZL in relation to the matter.","sortOrder":500},{"sectionNumber":"ch.7-pt.4","sectionType":"part","heading":"Transitional provisions for Gas Supply and Other Legislation (Hydrogen Industry Development) Amendment Act 2023","content":"# Transitional provisions for Gas Supply and Other Legislation (Hydrogen Industry Development) Amendment Act 2023","sortOrder":501},{"sectionNumber":"sec.342","sectionType":"section","heading":"Definitions for part","content":"### sec.342 Definitions for part\n\nIn this part—\namendment Act means the Gas Supply and Other Legislation (Hydrogen Industry Development) Amendment Act 2023 .\nformer , for a provision of this Act, means the provision as in force from time to time before the commencement.\nnew , for a provision of this Act, means the provision as in force from the commencement.\ns 342 ins 2023 No. 25 s 10","sortOrder":502},{"sectionNumber":"sec.343","sectionType":"section","heading":"Existing distribution authorities","content":"### sec.343 Existing distribution authorities\n\nThis section applies to a distribution authority that was in effect immediately before the commencement.\nDespite new section 21 , on the commencement, the distribution authority does not authorise its holder to transport, or provide customer connection services relating to, a covered gas that is hydrogen or a gas blend.\nHowever, subsection (2) does not apply to the extent the distribution authority is amended under chapter 2 , part 1 , division 3 so it applies in relation to a covered gas that is hydrogen or a gas blend.\ns 343 ins 2023 No. 25 s 10\n(sec.343-ssec.1) This section applies to a distribution authority that was in effect immediately before the commencement.\n(sec.343-ssec.2) Despite new section 21 , on the commencement, the distribution authority does not authorise its holder to transport, or provide customer connection services relating to, a covered gas that is hydrogen or a gas blend.\n(sec.343-ssec.3) However, subsection (2) does not apply to the extent the distribution authority is amended under chapter 2 , part 1 , division 3 so it applies in relation to a covered gas that is hydrogen or a gas blend.","sortOrder":503},{"sectionNumber":"sec.344","sectionType":"section","heading":"Insufficiency of supply declarations","content":"### sec.344 Insufficiency of supply declarations\n\nThis section applies if, immediately before the commencement, an insufficiency of supply declaration under former section 251 was in effect.\nOn the commencement, former chapter 4 , part 5 , division 1 continues to apply in relation to the supply declaration.\ns 344 ins 2023 No. 25 s 10\n(sec.344-ssec.1) This section applies if, immediately before the commencement, an insufficiency of supply declaration under former section 251 was in effect.\n(sec.344-ssec.2) On the commencement, former chapter 4 , part 5 , division 1 continues to apply in relation to the supply declaration.","sortOrder":504},{"sectionNumber":"sec.345","sectionType":"section","heading":"Insufficiency of supply directions","content":"### sec.345 Insufficiency of supply directions\n\nThis section applies if, immediately before the commencement, an insufficiency of supply direction under former section 254 was in effect.\nOn the commencement, former chapter 4 , part 5 , division 2 continues to apply in relation to the supply direction.\ns 345 ins 2023 No. 25 s 10\n(sec.345-ssec.1) This section applies if, immediately before the commencement, an insufficiency of supply direction under former section 254 was in effect.\n(sec.345-ssec.2) On the commencement, former chapter 4 , part 5 , division 2 continues to apply in relation to the supply direction.","sortOrder":505}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":638},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has significantly expanded beyond its original 2003 scope. Originally focused on natural gas distribution, it now covers hydrogen, biomethane and synthetic methane (2023 amendments). The 2006 and 2014 amendments added extensive civil penalty regimes, distribution network codes, and QCA oversight mechanisms that didn't exist originally. Chapter 3 (retailers) was largely removed in 2014 and replaced with references to the National Energy Retail Law, showing migration to national frameworks."},"complexity_factors":["Multiple overlapping regulatory bodies (regulator, Minister, QCA, AEMO)","Extensive cross-references to other Acts (Petroleum and Gas Act, NERL, QCA Act, etc.)","Nested conditional logic for offences and exceptions (e.g., sec.286 unlawful operation has 5 exemption categories)","Two-tier code system: initial Minister-made codes and QCA-made codes with different approval processes","Civil penalty regime with complex procedural requirements (warning notices, conduct assurances, 2-year limitation periods)","Multiple definitions of 'covered gas' including new hydrogen/biomethane categories added by 2023 amendments","Ring-fencing requirements preventing distributors from selling gas they transport","Emergency powers allowing Minister to override contracts and property rights"],"plain_english_summary":"This is the **Gas Supply Act 2003** (Queensland), which regulates how gas is distributed to homes and businesses through pipeline networks.\n\n**What it does:**\n- **Licenses distributors**: Companies need a \"distribution authority\" (a licence) to operate gas pipelines and connect customers. The regulator checks they're financially sound, technically capable, and honest before granting licences.\n- **Protects customers**: Distributors must provide connection services fairly, maintain pipes properly, respond to emergencies, and follow \"distribution network codes\" that set minimum service standards.\n- **Sets rules for infrastructure work**: Distributors can dig up public roads and land to lay or repair pipes, but must get approval, do the work safely, and restore the area afterwards.\n- **Handles emergencies**: The Minister can declare an \"insufficiency of supply\" and direct gas companies to prioritise essential services during shortages.\n- **Regulates prices**: The Minister can set maximum prices that retailers charge small customers, with advice from the Queensland Competition Authority (QCA).\n\n**Who it affects:**\n- **Distributors** (pipeline operators like Energex or Origin)\n- **Retailers** (companies that sell gas to customers)\n- **Customers** (households and businesses using gas)\n- **Large gas consumers** (over 100 terajoules/year)\n\n**Key recent updates (2023):** The Act now covers new gases like **hydrogen, biomethane and synthetic methane** — not just natural gas — to support cleaner energy transition.\n\n**What it doesn't cover:** Safety standards, gas quality measurement, and transmission pipelines (long-distance pipes) are mostly regulated under other laws."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.5 (ssec.1 and ssec.2)","severity":"medium","reasoning":"If the Commonwealth or a State cannot be prosecuted for any offence under the Act, the practical effect of 'binding' them is nullified for any obligation backed only by criminal sanction. The binding declaration becomes ceremonial rather than operative for those entities.","confidence":0.75,"description":"The Act binds all persons including the Commonwealth and other States, but then exempts them from prosecution for offences. This creates an unenforceable obligation: bound parties who cannot be prosecuted face no meaningful legal consequence for breach, rendering the binding effect illusory for those entities."},{"type":"other","section":"sec.9 (ssec.2 and ssec.4)","severity":"medium","reasoning":"The asymmetric treatment of hydrogen compared to all other primary gases creates a logical gap. Hydrogen is not required to be in a gaseous state at standard temperature and pressure, nor suitable for consumption, nor meet any other criterion, unlike every other primary gas. This is almost certainly an oversight but creates a definitional inconsistency.","confidence":0.8,"description":"Hydrogen is listed as a primary gas (and thus a covered gas) without any definition or qualification criteria, while all other primary gases (processed natural gas, biomethane, synthetic methane) have detailed definitional criteria including physical state, composition, and suitability for consumption. Hydrogen receives no such qualifying conditions, meaning any hydrogen substance in any state or purity would qualify."},{"type":"circular_definition","section":"sec.9 (ssec.4) - gas blend definition","severity":"low","reasoning":"The definition of gas blend requires plural 'primary gases' blended together, but the covered gas definition treats gas blends as distinct from primary gases. A blend of two identical primary gases raises questions about whether it remains a primary gas or becomes a gas blend, and whether a gas blend can be blended with another gas blend to form a further gas blend (which would require the blend to first be a primary gas).","confidence":0.6,"description":"A 'gas blend' is defined as 'primary gases that have been blended together to be suitable for consumption,' but a 'covered gas' is defined as 'a primary gas or a gas blend.' This means blending covered gases together produces something (a gas blend/covered gas) that is definitionally different from its constituent parts (primary gases), yet a gas blend composed of a single type of primary gas blended with itself would still technically qualify."},{"type":"self_contradicting","section":"sec.16 (ssec.1 and ssec.2)","severity":"medium","reasoning":"The definition first extends customer status to those who merely 'want to receive' gas (prospective customers), then immediately restricts it to those whose premises already meet technical connection standards. Someone wanting a new connection would likely not yet have qualifying infrastructure, creating a catch-22 where prospective customers are excluded from the customer protections designed to assist them in getting connected.","confidence":0.72,"description":"Section 16(1) defines a customer as 'a person who receives, or wants to receive, a reticulated covered gas,' but section 16(2) conditions customer status on the receiver's premises having an installation capable of receiving supply to the distributor's 'reasonable satisfaction.' A person who 'wants to receive' gas but whose premises lack such an installation is excluded from being a customer, meaning they cannot access the protections the Act provides to customers—the very population who might most need connection services."},{"type":"other","section":"sec.27 (ssec.2)","severity":"medium","reasoning":"The section uses 'covered pipeline' without definition in the visible text, while carefully defining terms like 'distribution pipeline,' 'transmission pipeline,' and 'covered gas.' This undefined term undermines the precision of the ring-fencing prohibition and may render the restriction unenforceable or unpredictably applicable.","confidence":0.65,"description":"A retailer cannot apply for a distribution authority to provide customer connection services for a covered gas 'to be transported through a pipeline if the retailer sells the covered gas transported through a covered pipeline.' The term 'covered pipeline' is used but does not appear to be defined in the excerpted provisions, creating an ambiguous prohibition."},{"type":"other","section":"sec.34 (ssec.2 and ssec.3)","severity":"low","reasoning":"While not strictly a logical impossibility, the combination of a discretionary term with an indefinite default creates an asymmetric outcome. The regulator may have intended all authorities to have terms but the drafting allows indefinite authorities as the default, potentially undermining the regulatory oversight purpose.","confidence":0.55,"description":"The regulator 'may decide to grant the authority for a stated term,' but if no term is decided, the authority continues indefinitely. This means the default outcome of granting without specifying a term is perpetual authority, yet the Act provides no mechanism compelling the regulator to decide on a term, creating an incentive structure where indefinite authorities become the path of least resistance."},{"type":"other","section":"sec.48 (ssec.2, ssec.3, ssec.5, ssec.6)","severity":"low","reasoning":"The requirement that an automated service must transfer to a human 'at any time' combined with the 24/7 availability requirement means distributors must staff human operators continuously. While operationally burdensome rather than logically impossible, this creates a compliance standard that may be disproportionate and practically unachievable for small distributors without express exemption.","confidence":0.5,"description":"Section 48(2) requires a distributor to have a telephone number available at any time for the cost of a local call. Section 48(5) says an automated answering service complies only if it provides for transfer to a human being. Section 48(6) then says subsections (3) and (4) do not apply to distributors within the meaning of the NERL (Qld), but notably does NOT exempt them from subsection (2) or (5). However, the interaction between the 24/7 human transfer requirement and modern telecommunications infrastructure creates a potentially impossible compliance standard for smaller distributors."},{"type":"other","section":"sec.86 (ssec.2)(b)","severity":"medium","reasoning":"The drafting creates a perverse outcome: for long-running subsidence events, the distributor's maintenance obligation terminates at the one-year anniversary regardless of whether the subsidence has ceased. The public entity is left with a damaged place and no recourse under this section after 12 months if subsidence persists.","confidence":0.78,"description":"The maintenance obligation after ground subsidence ends 'on the earlier of: (i) the day the subsidence ends; (ii) the first anniversary of the day the restoration was finished.' If subsidence is still occurring at the first anniversary, the maintenance obligation ends even though the problem continues. This means the distributor is released from maintenance obligations precisely when ongoing subsidence damage is occurring."},{"type":"self_contradicting","section":"sec.6 (ssec.2 and ssec.3)","severity":"medium","reasoning":"The combined effect is that the Act's obligations are civilly irrelevant in both directions: compliance is neither a defence nor a satisfaction of external obligations, and breach creates no independent civil liability. This significantly undermines the utility of the Act's substantive obligations as a basis for private enforcement.","confidence":0.7,"description":"Section 6(2) states compliance with the Act does not necessarily satisfy civil obligations existing apart from the Act. Section 6(3) states a breach of an obligation under the Act does not give rise to civil liability. Together these create a situation where full compliance affords no civil law protection, and breach affords no civil law consequence—the Act's obligations operate in a civil law vacuum."}],"contradictions":[{"severity":"medium","section_a":"sec.4 (ssec.1)(a)","section_b":"sec.3 (ssec.1)(b)","confidence":0.65,"description":"Section 3 states a main purpose of the Act is to 'ensure the interests of customers are protected' by regulating distribution services, which necessarily involves supply safety. Section 4(1)(a) expressly states the Act does not 'provide for the safety of persons involved in, or who may be affected by, the supply or use of covered gases.' Customer protection logically encompasses supply safety, yet the Act simultaneously claims this protective purpose while disclaiming any safety function."},{"severity":"low","section_a":"sec.27 (ssec.2)","section_b":"sec.41","confidence":0.55,"description":"Section 27(2) prevents a retailer from applying for a distribution authority if it sells the covered gas transported through a 'covered pipeline.' Section 41 prohibits a distributor from selling covered gas if it provides customer connection services for covered gas through a 'covered pipeline.' Both provisions use the term 'covered pipeline' but this term appears undefined in the excerpted text, and the two sections approach the same ring-fencing objective from different angles (application stage vs. ongoing obligation) with potentially different scope, creating uncertainty about whether the prohibition operates identically in both contexts."},{"severity":"low","section_a":"sec.39 (ssec.2)","section_b":"sec.54","confidence":0.6,"description":"Section 39(2) states that if an imposed condition conflicts with a stated condition in the authority, the imposed condition prevails. Section 54 states the regulator cannot amend a condition imposed under division 2. Read together, imposed conditions are both unalterable (s.54) and automatically prevailing over stated conditions (s.39(2)). While not strictly contradictory, this creates a rigid hierarchy where the regulator has no flexibility to adapt imposed conditions even if circumstances change, potentially frustrating the regulatory purpose of sections 53 and 57."},{"severity":"low","section_a":"sec.13","section_b":"sec.12","confidence":0.5,"description":"A distribution pipeline is defined as a pipeline that 'is not a transmission pipeline.' A transmission pipeline is defined as one operated 'for the primary purpose of conveying a covered gas directly to a market after it has been processed.' The mutual exclusivity appears clean, but a pipeline that begins as a transmission pipeline and is repurposed may fall into definitional limbo, and the phrase 'or to be operated' in section 12 means a pipeline not yet operational can be classified as a transmission pipeline, potentially preventing it from ever qualifying as a distribution pipeline even if its actual use would satisfy section 13."},{"severity":"low","section_a":"sec.66","section_b":"sec.64 (ssec.3)(b)","confidence":0.55,"description":"Section 64(3)(b) states a renewal application 'cannot be made if the authority has ended.' Section 66 provides that if the authority's term ends before the renewal application is decided, the authority continues in force. These provisions are only reconcilable if the application is made before the term ends—but the Act does not specify a minimum period before expiry within which the application must be lodged, meaning a distributor who applies on the last day of the term cannot have their application decided before the term ends, relying entirely on section 66 to preserve the authority."},{"severity":"medium","section_a":"sec.80 (ssec.3)","section_b":"sec.79 (ssec.1)(a)","confidence":0.7,"description":"Section 79(1)(a) requires the public entity's written approval before a distributor can carry out gas infrastructure work on a publicly controlled place. Section 80(3) requires the entity to decide within 30 business days of receiving the required information. However, there is no provision specifying what happens if the entity fails to decide within 30 business days—whether approval is deemed granted or refused. This gap means a distributor could be indefinitely blocked from carrying out work if an entity simply fails to decide, undermining the approval obligation."}]},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's scope has materially expanded from its original 2003 focus on natural gas distribution. The 2023 amendments (No. 25) redefined 'covered gas' to expressly include hydrogen, biomethane, and synthetic methane — gases not contemplated when the Act commenced. This reflects a policy shift toward future-proofing the gas network for renewable and low-emission gases, significantly broadening the regulatory framework beyond traditional fossil-fuel-based natural gas distribution."},"complexity_factors":["Multiple interlocking regulatory regimes — the Act cross-references numerous other Queensland and Commonwealth laws (Petroleum and Gas (Production and Safety) Act, National Gas (Queensland) Law, NERL (Qld), Gas Pipelines Access Law, Queensland Competition Authority Act, Personal Property Securities Act, Energy and Water Ombudsman Act, Transport Infrastructure Act)","Layered definitions — 'covered gas', 'distribution system', 'customer', 'small customer', 'excluded customer', and 'distributor' all have technical, nested definitions that interact with each other","Expanded gas type definitions following 2023 amendments introduce new scientific concepts (biomethane, synthetic methane, methanation of carbon dioxide) requiring technical understanding","Separation of regulatory functions across State and Commonwealth frameworks creates ambiguity about which law governs specific situations","Multiple amendment history (2005, 2006, 2009, 2010, 2014, 2023) has left some sections substituted, omitted, or restructured, making the legislative history difficult to follow","Procedural complexity in licensing — applications, public notice requirements, decision notices, acceptance notices, lapsing provisions, appeals, and suspension procedures all operate on different timelines","Ring fencing and retailer/distributor separation rules require careful reading to understand what is and isn't permitted","Geographic carve-outs for specific distribution areas (Maranoa, Western Downs) create exceptions to general rules","Provisions about mortgaging distribution authorities are unusual and legally nuanced"],"plain_english_summary":"The Gas Supply Act 2003 sets the rules for companies that own and operate gas distribution networks in Queensland. It requires licences for pipe operators, now covers newer gases like hydrogen and biomethane, enforces customer protections (reliable service, emergency lines, complaint access), and keeps pipeline owners separate from gas retailers to protect competition.\n\nIt also governs work on public land for installing and repairing pipes and clarifies matters it doesn’t cover (appliance safety, transmission pipelines, pricing)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Recent amendments extended the Act’s scope beyond processed natural gas and LPG to expressly include hydrogen, biomethane and synthetic methane as \"covered gases\" (see s 9 as amended). Transitional rules treat existing distribution authorities as not automatically authorising transport or customer‑connection services for hydrogen or gas blends on commencement; holders need amendment under the Act’s authority procedures to cover hydrogen (s 343). That expansion brings new fuels and associated infrastructure into the Act’s licensing, code, safety interplay and emergency powers, increasing the regulatory footprint and requiring distributors and regulators to address technical, contractual and safety integration issues for low‑carbon gases."},"complexity_factors":["Long Act with many Parts, Chapters and transitional schedules (chs 1–7 and ch 7 transitional parts)","Extensive cross‑references to at least 7 external laws (NERL (Qld), QCA Act, Petroleum and Gas (Production and Safety) Act, AEMC Act, Personal Property Securities Act, Australian Consumer Law (Queensland), Gas Pipelines Access Law) (see e.g. ss 4, 109, 270E, 270F, 228A)","Multiple decisionmakers with overlapping powers (Minister, regulator, QCA, AEMO) and delegation pathways (ss 8, 320, 321, ch 5A)","Numerous defined concepts and a dictionary in schedule 2 (s 7) plus key technical definitions (s 9) that were recently expanded to include hydrogen and gas blends","Layered procedural steps and strict timeframes (public submission windows at 20 business days s 29; connection decision 10 business days s 104; acceptance notice periods s 35; Minister/QCA 20 business day approval windows for codes s 270H)","Nested exceptions and conditional obligations (e.g. limits on connection obligation s 109, emergency and insufficiency directions ss 251–257, confidentiality carve‑outs s 318)","Two parallel enforcement regimes (QCA civil penalties and Supreme Court civil penalty orders ss 270W, 270ZL and regulator civil penalties) plus criminal summary offences (chs 6–6.3)","Multiple remedies and administrative actions (warnings, conduct assurances, contravention notices, injunctions, audits, referrals) with non‑identical rules and thresholds (ss 270R–270U, 270ZG–270ZJ)","Transitional and amendment layers added over time (notably 2006, 2009, 2014 and 2023 amendments) including hydrogen industry changes (ch 7 Pt 4; ss 343–345)"],"plain_english_summary":"**What this law does (mechanically)\n\n- Defines what gases and infrastructure the State regulates. \"Covered gas\" includes processed natural gas and, since recent amendments, hydrogen, biomethane and synthetic methane (see s 9). Transmission and distribution pipelines, distribution systems and customer meters are separately defined (ss 12–16). \n\n- Controls who can operate distribution pipelines and provide customer-connection services. A person must hold a distribution authority to transport gas or connect customers in a stated area (ss 21, 27–37). The regulator (the department chief executive) decides applications and may impose conditions, limits, suspensions or cancellations (ss 8, 31, 32, 52–63). Distribution authorities are transferable, mortgageable and surrenderable under regulated procedures (ss 67–73). \n\n- Imposes operational and customer-facing duties on distributors. Distributors must operate, maintain and protect pipelines; follow environmental, safety and other laws; keep customer inquiry and emergency procedures; provide meters for small customers unless agreed otherwise; and comply with distribution network codes (ss 40–50A, 126–131, 47–49). Distributors cannot both sell gas and provide customer connection services for the same covered pipeline (ring‑fencing: s 41). \n\n- Gives public entities and distributors rules for working on public land, allocation of costs and remedial powers where infrastructure interferes with public use (ss 78–99). Distributors keep ownership of their infrastructure even when it becomes part of land (s 100). \n\n- Regulates customer connections and contracts. People may apply for connection services; distributors must respond within statutory timeframes; connection contracts must not conflict with this Act, distribution network codes or approved access arrangements; and special minimum-term protections apply for small customers (ss 103–109A, 109B–109C, 105–108). \n\n- Establishes distribution network codes and enforcement. The Minister must make initial codes; the QCA may make codes subject to Ministerial approval and must aim at efficient investment and use (ch 5A: ss 270A–270I). QCA has investigation, audit and enforcement powers for code contraventions, including warning notices, contravention notices, civil penalty proceedings in the Supreme Court, injunctions and referral to the regulator (ss 270P–270W, 270Y, 270ZD). The regulator can also impose civil penalties in certain referred cases (ss 270ZK–270ZL). QCA keeps public registers of codes and notices (s 310A). \n\n- Enables emergency and market‑intervention powers. The Minister can declare an \"insufficiency of supply\" area and give directions to industry participants, customers or AEMO to ensure safe supply, including redirecting gas, fixing prices, ordering work and prioritising customers. Those directions can override contracts (ch 4, ss 251–257). Suppliers compelled to supply under such directions are normally entitled to be paid a reasonable amount (s 256). \n\n- Requires contingency planning, reporting and information disclosure. Industry participants may be required to prepare contingency-supply plans and to supply data to the regulator about production, purchases, transport and customer numbers (ss 237–245). Some commercially sensitive information delivered to the regulator is protected from disclosure (s 318). \n\n- Creates criminal and civil sanctions for key misconduct: e.g., unlawful operation of a distribution pipeline, tampering with infrastructure, unlawful taking of gas, false information, and both criminal offences (summary) and civil penalty regimes (ss 286–301; ch 6). \n\nWho this affects\n\n- Distributors and LPG distributors (holders of distribution authorities) — they pay licensing fees, comply with operational standards, run customer‑service and emergency systems, and face audit and penalty exposure (chs 2–5A). \n- Retailers — price controls (Ministerial \"notified prices\"), reporting requirements, and obligations to enter community services agreements (s 175A) affect retail operations and costs. Retailers are also bound by some code and information rules (chs 3–4). \n- Small and large customers — definitions affect contract protections (ss 16, 109B–109C). Small customers get meter and minimum‑term protections; on‑supplied customers may elect individual metering (ss 126, 222). \n- Public entities and landowners — rules for work on public places, approvals, and cost allocation (ss 78–94). \n- QCA, the Minister, the regulator and AEMO — the Act allocates powers among them to make codes, direct investigations, and manage emergencies (chs 3–5A, ch 4). \n\nWhy it matters (stated purpose and practical implications)\n\n- The Act’s declared goals are to promote efficient and economical supply of covered gases and to protect customers by regulating distribution services and providing for distribution network codes (s 3). Those aims are implemented by licensing, code‑making, consumer protection rules, contingency planning and enforcement tools. \n\nAnalyst’s practical test of the law’s mechanics, incentives and trade‑offs\n\n- Who decides and where discretion sits — the regulator (department chief executive) decides licensing, approvals and many enforcement steps (ss 8, 31, 80, 243). The Minister has price‑fixing and emergency direction powers (ss 228, 254). QCA is given code‑making, investigation, audit and enforcement roles (ch 5A: ss 270E–270ZG). That allocation creates multiple administrative gates where policy and operational choices are made. \n\n- Who pays — distributors and retailers bear most direct compliance and administrative costs: licensing fees (s 28), audits and audit costs (ss 270ZG–270ZH), membership fees to the Ombudsman scheme (s 50B), and costs of remedial work ordered by public entities (s 89) or consequences of enforcement (civil penalties ss 270W, 270ZL). Customers may face pass‑through charges except where price controls apply (ss 228, 231–232). \n\n- Effects on private enterprise, competition and contracts — the Act limits vertical integration in distribution by prohibiting a distributor from selling gas it transports (ring‑fencing, s 41). Connection and retail contracts are constrained: connection contracts must comply with the Act, codes and approved access arrangements (ss 109A–109C), and notified price regimes give the Minister (or delegate) power to set standing prices for customers (s 228). These features reduce some contractual freedom but create standardisation that the Act frames as customer protection (s 3). QCA has explicit powers to investigate retail competition and report (ss 227A–227F), which brings an institutional check on market power. \n\n- Compliance burden and timing pressure — the Act contains many strict timeframes and requirements (for example, public submissions periods of at least 20 business days for some licence notices (s 29), distributor response deadlines for connection applications (s 104: 10 business days), and 7‑day or longer documentary production times for investigations (s 270ZE)). Compliance therefore requires resourcing for legal, regulatory and operational teams. \n\n- Price and emergency intervention risks — the Minister can fix notified prices (s 228) and give directions during insufficiency declarations (s 254) that override commercial contracts (s 257). The first use of the price power is constrained by the need for an investigation report (s 228A), but thereafter the Minister retains discretion. That creates regulatory risk for retailers and potentially affects investment and tariff design. \n\n- Ownership and property rights — gas infrastructure remains the distributor’s personal property even if it becomes part of land (s 100). That protects distributors’ property interests and underpins mortgage and transfer rules (ss 70–72). \n\n- Enforcement and penalties — QCA and the courts have a layered enforcement toolkit: warning notices and contravention processes (ss 270R–270U), civil penalties in the Supreme Court up to specified monetary caps (s 270W), and regulator civil penalties for referred matters (s 270ZL). Injunction remedies are also available (ss 270Y, 271AJ). This raises the cost of non‑compliance substantially. \n\n- Implementation and transition complexity — the Act cross‑references multiple other laws (for example, the National Energy Retail Law (Qld), the Petroleum and Gas (Production and Safety) Act, the QCA Act, the AEMC Act) and contains detailed transitional provisions (ch 7). That increases compliance complexity and legal uncertainty, especially where federal/regulatory regimes interact. \n\nKey practical points for businesses and customers (plain statements)\n\n- If you operate distribution infrastructure you must hold a distribution authority and comply with conditions, network codes, emergency plans and inspection/audit requirements (chs 2, 4, 5A). \n- Distributors cannot both sell the gas and supply customer connections for the same covered pipeline (s 41). \n- The Minister or QCA can set or approve network rules and prices; regulators can require detailed commercial data (ss 228, 270E, 233, 245). \n- In declared emergencies the Minister can direct who supplies and who receives gas, and those directions can override contracts (ss 251–257). A supplier compelled to provide gas may be entitled to a reasonable payment (s 256). \n- Owners/occupiers have limited rights to prevent distribution officers from entering for safety or emergency work, but there are time and notice safeguards and compensation paths for damage (ss 138–145, 101, 145). \n\nImplementation risk and trade‑offs to watch\n\n- Concentrated decision power in Ministerial and departmental hands creates potential for swift intervention (price fixing; emergency directions) but also creates regulatory risk for private investors (ss 228, 254). \n- The ring‑fencing and code obligations reduce vertical integration opportunities and can limit bundled commercial strategies (s 41; ss 270A–270F). \n- Compliance costs are concentrated on distributors and retailers (licensing, audits, contingency plans, reporting), while benefits (stability, customer protection) are dispersed among customers (see ss 28, 237, 270ZG, 245). \n\nSource anchors (representative sections): main objects (s 3); covered gas definitions (s 9); who is regulator (s 8); distribution authority rules and application process (ss 21, 27–37); ring‑fencing (s 41); customer connection duties and timeframes (ss 103–109, 105–108); meters and small customer protections (ss 125–131); operation on public places (ss 78–99); distribution network codes and QCA role (ss 270A–270I); enforcement and penalties (ss 270P–270W, 270ZK–270ZL); Ministerial emergency powers (ss 251–257); ownership of infrastructure (s 100); contingency and information powers (ss 237–245); confidentiality (s 318)."}},"importantCases":[],"_links":{"self":"/api/acts/gas-supply-act-2003","history":"/api/acts/gas-supply-act-2003/history","analysis":"/api/acts/gas-supply-act-2003/analysis","conflicts":"/api/acts/gas-supply-act-2003/conflicts","importantCases":"/api/acts/gas-supply-act-2003/important-cases","documents":"/api/acts/gas-supply-act-2003/documents"}}