Section 41 - Competition and Consumer (Gas Market Code) Regulations 2023 - Supplier to report information to Commission—small suppliers

41 Supplier to report information to Commission—small suppliers

(b) the amount of counted gas in relation to the supplier, that was produced in the most recent calendar year, is nil or is less than 100 petajoules; and

(c) the supplier fails to give the Commission a notice complying with subsection (11) and setting out the information covered by subsection (2) on or before:

(i) if subparagraph (ii) does not apply—the third business day after that calendar year; or

(ii) if the calendar year is the most recent calendar year that ended on or before the commencement of this instrument—23 December 2023.

(2) This subsection covers the following information:

(a) a statement that the notice is given for the purposes of this section;

(b) information demonstrating that the amount of counted gas in relation to the supplier, that was produced in the calendar year, is nil or less than 100 petajoules;

(3) For the purposes of paragraph (2)(c), the Commission may, by legislative instrument, make a determination specifying kinds of information.

(4) Before making a determination under subsection (3), the Commission must consult with the public about the proposed determination.

(5) In making a determination under subsection (3), the Commission must take into account comments made in consultations under subsection (4).

(6) A person (the supplier) contravenes this subsection if:

(b) the amount of counted gas in relation to the supplier, that was produced in the most recent calendar year, is nil or is less than 100 petajoules; and

(i) the supplier forms an intention to enter into an agreement to supply regulated gas to another person (the potential buyer) as soon as practicable; and

(ii) the potential buyer has an intention to export that regulated gas from Australia; and

(iii) the agreement is not a gas swap agreement, a mandatory government agreement or an agreement mentioned in section 51 or subsection 52(1) or (2); and

(d) the supplier fails to give the Commission a notice complying with subsection (11) and setting out the following information, on or before the third business day after the calendar year following that mentioned in paragraph (b):

(i) a description of the intention mentioned in subparagraph (c)(i);

(ii) a description of the intention mentioned in subparagraph (c)(ii);

(iii) information of a kind specified in a determination under subsection (8).

(7) A person (the supplier) contravenes this subsection if:

(b) the amount of counted gas in relation to the supplier, that was produced in the most recent calendar year, is nil or is less than 100 petajoules; and

(i) the supplier enters into an agreement to supply regulated gas to another person (the buyer) as soon as practicable; and

(ii) the buyer has an intention to export that regulated gas from Australia; and

(iii) the agreement is not a gas swap agreement, a mandatory government agreement or an agreement mentioned in section 51 or subsection 52(1) or (2); and

(i) a description of the agreement mentioned in subparagraph (c)(i);

(ii) a description of the intention mentioned in subparagraph (c)(ii);

(iii) information of a kind specified in a determination under subsection (8).

(8) For the purposes of subparagraphs (6)(d)(iii) and (7)(d)(iii), the Commission may, by legislative instrument, make a determination specifying kinds of information.

(9) Before making a determination under subsection (8), the Commission must consult with the public about the proposed determination.

(10) In making a determination under subsection (8), the Commission must take into account comments made in consultations under subsection (9).

(11) For the purposes of this section, a notice complies with this subsection if it is:

41Supplier to report information to Commission—small suppliers

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