Div 5Temporary gas rationing

Division 5—Temporary gas rationing 37—Temporary gas rationing (1) If for any reason the volume of gas available for supply through a distribution system is, in the opinion of the Minister, insufficient or likely to become insufficient to meet the requirements of customers who draw gas from that system— (a) the Minister may give directions to— (i) the gas entity or other body by which the system, or part of the system, is operated; or (ii) a person who sells gas by retail or otherwise (whether or not the person is required to hold a licence under this Act), to ensure the most efficient and appropriate use of the available gas; and (b) the Minister may, by notice published in such manner as may be appropriate in the circumstances, direct customers, or specified customers, not to draw gas from the system except for the purposes (if any) allowed by the directions. (2) A direction under subsection (1)(a) may (without limitation) relate to the quantity of gas that may be supplied through a distribution system or to the quality of that gas. (2a) A direction under this section— (a) operates for a period (which may be defined by reference to specified days or to the happening of specified events) specified in the direction; and (b) may be varied or revoked (with effect at a specified time or on the happening of a specified event) by a subsequent direction under this section. (3) No civil liability arises from compliance with a direction under this section. (4) A person who fails to comply with a direction under this section is guilty of an offence. (4a) An offence against subsection (4) may be prosecuted as an indictable offence or summary offence at the discretion of the prosecutor but, if prosecuted as a summary offence, the maximum penalty that may be imposed is a fine not exceeding $5 000. distribution system has the meaning otherwise assigned to the term under this Act, and includes a transmission pipeline. 37A—Minister's power to require information or documents (1) The Minister may require a person— (a) to give the Minister within a specified time, or at specified times, specified information; or (b) to produce to the Minister within a specified time, or at specified times, specified documents, that the Minister reasonably requires to determine the sufficiency of gas supply, frame directions, plan for the future exercise of powers under this Division or otherwise administer or enforce this Division (or regulations made for the purposes of this Division). (1a) The power of the Minister to require information includes (without limitation) power to require a seller of gas affected by directions under this Division— (a) to conduct an audit of the seller's compliance with regulations made for the purposes of this Division; and (b) to report the results of the audit to the Minister. (2) A person required to give information under this section must provide the information or produce documents within the time, or at the times, specified by the Minister. Maximum penalty: $100 000. (3) If a person is required to give information or produce a document under this section and the information or document would tend to incriminate the person of an offence, the person must nevertheless give the information or produce the document, but— (a) if the person is a natural person, the information or document so given or produced will not be admissible in evidence against the person in proceedings for an offence (other than an offence relating to the making of a false or misleading statement or declaration); and (b) if the person is a body corporate— (i) the information or document so given or produced will not be admissible in evidence against a director of the body corporate in proceedings for an offence (other than an offence relating to the making of a false or misleading statement or declaration); and (ii) a director will not be guilty of an offence (other than an offence relating to the making of a false or misleading statement or declaration) as a result of the body corporate having been found guilty of an offence in proceedings in which the information or document so given or produced was admitted in evidence against the body corporate. 37AB—Obligation to preserve confidentiality (1) The Minister must preserve the confidentiality of information gained in the course of the performance of the Minister's functions under this Division (or regulations made for the purposes of this Division), including information gained by an authorised officer under Part 6, that— (a) could affect the competitive position of a gas entity or other person; or (b) is commercially sensitive for some other reason. (2) Subsection (1) does not apply to— (a) the disclosure of information between persons engaged in the administration of this Division; or (b) the disclosure of information as required for the purposes of legal proceedings related to this Division (or regulations made for the purposes of this Division). (3) Information classified by the Minister as confidential under this section is not liable to disclosure under the Freedom of Information Act 1991. 37AC—Regulations relating to gas rationing The power of the Governor to make regulations under this Act includes (without limitation) power to make regulations for the purposes of this Division— (a) making provision relating to contractual relations between customers and sellers of gas affected by directions under this Division; (b) requiring sellers of gas affected by directions under this Division to repay to customers any amounts that under applicable contractual terms were not payable by the customers; (c) prescribing a penalty not exceeding $10 000 for contravention of a regulation made for the purposes of this Division. 37AD—Prosecution for contravention of Division requires Minister's consent (1) A prosecution for a contravention of this Division (or regulations made for the purposes of this Division), may only be commenced with the consent of the Minister. (2) In any legal proceedings an apparently genuine certificate, purporting to be signed by the Minister, certifying that the Minister consented to the commencement of a prosecution referred to in subsection (1) will, in the absence of proof to the contrary, be accepted as proof of the matters so certified. 37B—Manner in which notices may be given Except as otherwise provided, a direction or requirement to be given to or made of a person or body under this Division may— (a) be given or made by notice in writing served on the person or body; or (b) if the Minister is of the opinion that good reason exists for doing so, be given or made by telephone, facsimile transmission, E-mail or some other form of electronic transmission (however, in such a case, a written record of the direction or requirement must be served on the person or body in accordance with section 94 as soon as is reasonably practicable). 37C—Minister's power to delegate (1) The Minister may delegate powers or functions under this Division— (a) to a particular person; or (b) to the person for the time being occupying a particular office or position. (2) A power or function delegated under this section may, if the instrument of delegation so provides, be further delegated. (3) A delegation— (a) may be absolute or conditional; and (b) does not derogate from the power of the delegator to act in a matter; and (c) is revocable at will by the delegator. (4) In any legal proceedings an apparently genuine certificate, purportedly signed by the Minister, containing particulars of a delegation under this section, will, in the absence of proof to the contrary, be accepted as proof that the delegation was made in accordance with the particulars.