Div 7Commission's powers to take over operations

Division 7—Commission's powers to take over operations 39—Power to take over operations (1) If— (a) a gas entity contravenes this Act, or a gas entity's licence ceases, or is to cease, to be in force; and (b) it is necessary, in the Commission's opinion, to take over the entity's operations (or some of them) to ensure an adequate supply of gas to customers, the Governor may make a proclamation under this section. (2) Before a proclamation is made under this section, the Commission must give the gas entity a reasonable opportunity to make written representations giving reasons why the proclamation should not be made. (3) A proclamation under this section— (a) authorises the Commission to take over the gas entity's operations or a specified part of the gas entity's operations; and (b) may contain ancillary directions (and may, in particular, contain directions about how the costs of carrying on the operations, and revenue generated from the operations, are to be dealt with). (4) A direction under subsection (3)(b) operates to the exclusion of rights that are inconsistent with it. 40—Appointment of operator (1) When a proclamation is made under this Part, the Commission must appoint a suitable person (who may, but need not, be a gas entity) to take over the relevant operations on agreed terms and conditions. (2) A person appointed to take over a gas entity's operations is referred to in this section as the operator. (3) The gas entity must facilitate the take over of the relevant operations by the operator. (4) The operator may have access to the distribution system and other property of a gas entity for the purposes of carrying on the relevant operations. (5) A person must not obstruct the operator's access to property or the exercise by the operator of the operator's responsibilities under this Part. (6) A person must comply with reasonable directions given by the operator in the exercise of the operator's responsibilities under this Part.