Gas Industry Act 2001

Subdivision 1—Preliminary 91

48DC Definitions 91

48DD Meaning of relevant customer 96

48DE Objects 97

Subdivision 2—Offences 98

48DF Knowingly or recklessly disconnecting supply of gas at premises 98

48DG Disconnection of supply of gas at premises 98

48DH Knowingly or recklessly disconnecting supply of gas at premises of life support customer 99

48DI Life support customers and residents—gas retailer obligations when advised or notified 101

48DJ Life support customers and residents—gas retailer obligations when advised by gas distribution company or electricity distribution company 103

48DK Life support customers and residents—gas retailer obligations when advised by exempt gas sellers 104

48DL Life support customers and residents—exempt gas seller obligations when advised by relevant customer 105

48DM Life support customers and residents—exempt gas seller obligations when advised by exempt distributor 107

Subdivision 3—Permitted grounds for disconnection 109

48DN Supply of gas may be disconnected by agreement or on notice from relevant customer 109

48DO Supply of gas may be disconnected for non-payment of bill or failure to comply with terms of relevant assistance 109

48DP Supply of gas may be disconnected for failure to pay security deposit 111

48DQ Supply of gas may be disconnected for refusal to provide acceptable identification 112

48DR Supply of gas may be disconnected if access to meter denied 112

48DS Supply of gas may be disconnected if there is taking of gas without notification by customer 114

48DT Supply of gas may be disconnected if it occurs in the prescribed circumstances 115

48DU Restrictions on gas retailer or exempt gas seller disconnecting supply of gas 115

Subdivision 4—Disconnection for fraudulent or illegal taking of gas 116

48DV Supply of gas may be disconnected if gas taken by fraudulent or illegal means—gas retailers 116

48DW Supply of gas may be disconnected if gas taken by fraudulent or illegal means—exempt gas sellers 118

Subdivision 5—Register of life support customers and residents 120

48DX Register of life support customers and residents 120

Subdivision 6—Miscellaneous 121

48DY Alternative verdict for charge of knowingly or recklessly disconnecting supply of gas at premises 121

Division 4A—Hardship policies 121

48E Definitions 121

48F Objects 122

48G Financial hardship policies 122

48GA Review of financial hardship policy at the direction of Commission 123

48GB Licensee may submit variation to, or replacement of, financial hardship policy for approval 124

48GC Content of financial hardship policies 124

48H Commission may develop guidelines 125

48I Commission approval 125

Division 5—Community service agreements 127

49 Community services 127

50 Transitional provision relating to community services 128

51 The Commission may decide certain matters 128

Division 6—Victorian specific retailer of last resort processes 130

51A Definitions 130

51B Effect of issue of RoLR event on licence held by failed national retailer 130

51C Certain information to be provided to AER and AEMO by the Commission 131

Division 7—Trial waivers 132

Subdivision 1—Interpretation 132

52 Definitions 132

53 Innovative trial principles 133

Subdivision 2—Trial waiver orders 134

54 Order in Council in relation to trial waivers 134

Subdivision 3—Grant of trial waivers 135

55 Trial waiver 135

56 Conditions of trial waiver 137

57 Consultation on trial waiver 137

58 Publication of trial waiver 137

59 Duration of trial waiver 138

Subdivision 4—Extension of trial waivers 138

60 Extension of trial waiver 138

Subdivision 5—Variation and revocation of trial waivers 139

61 Variation of trial waiver, or conditions of trial waiver, by Commission 139

62 Variation of trial waiver, or conditions of trial waiver, by agreement 141

63 Revocation of trial waiver 141

Subdivision 5A—Compliance 142

63A Compliance with conditions of trial waiver 142

Subdivision 6—Trial project guidelines 142

64 Preparation and issue of trial project guidelines 142

65 Amendment of trial project guidelines 143

66 Consideration of AER trial project guidelines 144

Subdivision 7—Information sharing with the AER 144

67 Information disclosure 144

Subdivision 8—Miscellaneous 144

68 Register of trial waivers 144

69 Trial waiver not personal property 145

Part 7—Gas company property and works 147

Division 1—Pipelines generally 147

140 Certain pipelines are not part of land 147

141 Agreement for operation of pipelines 147

Division 2—Compulsory acquisition of land and easements 148

142 Power of gas transmission company or gas distribution company to acquire land 148

143 Power to acquire easements 149

144 Application of other laws in relation to land vested in a gas company 149

145 Rateability of property 151

Division 3—Easements 151

146 Making of easements in subdivisions 151

147 Easements over lands held by Crown licensees or lessees 152

Division 4—Powers as to works 152

147A Definitions 152

148 Powers as to works etc. 153

149 Power to open and break up roads etc. 155

149A Safety duties in relation to works on or in immediate vicinity of rail infrastructure or rolling stock 157

149B Notification of owners or occupiers of land on which there is rail infrastructure or rolling stock 158

149C Notification of gas distribution and transmission companies before railway operations carried out 159

Division 5—Offences 159

150 Obstructing construction or operation of pipelines 159

151 Offences relating to transmission pipelines 160

152 Offences relating to gas supply 160

Division 6—General 162

153 Definition 162

154 Identity cards 162

155 Power of entry 163

156 Emergency powers 163

157 Offence to obstruct officer or employee of gas company 163

Part 9—Gas supply emergency provisions 165

Division 1—Emergency provisions 165

206 Proclamation that this Part applies 165

207 Powers of Minister 165

208 Offence not to comply with direction etc. 169

209 Offence to obstruct a person carrying out a direction etc. 171

210 Offences by bodies corporate 171

211 Offences by partnerships or unincorporated associations 172

212 Judicial notice 173

213 Immunity from suit 173

213A Corporations Act displacement 173

Division 2—Enforcement 173

214 Powers of entry—enforcement 173

215 Occupier to be given copy of consent 174

216 Search warrant 174

217 Announcement before entry 175

218 Copy of warrant to be given to occupier 176

Division 3—Infringement notices 176

219 Definition 176

220 Power to serve a notice 177

222 Infringement penalties 177

Part 9A—Compliance and enforcement reporting 178

223 Compliance and enforcement report—gas retailers 178

224 Performance indicators for compliance and enforcement reports 180

225 Reporting of systemic issues referred to Commission 181

Part 10—General 183

229 Delegation by Minister 183

229A Offence to give false or misleading information or documents 183

229B Monetary benefits orders 184

229C Determining amount to be paid under monetary benefits order 184

229D Recovery of amounts ordered to be paid 186

229E Adverse publicity orders 186

230 Offences by bodies corporate 187

231 Proceedings for offences 187

232 Gas retailer not liable for failure to supply 188

233 Exemption from liability to transmit or convey gas 188

234 Evidence of ownership 189

235 Supreme Court—limitation of jurisdiction 190

236 Regulations 190

Part 11—Abolition of VENCorp 193

237 Definitions 193

238 Abolition of VENCorp 194

239 Transferred employees 195

240 Financial reporting obligations 196

241 Taxes 197

242 Validity of things done under this Part 198

243 Corporations Act displacement 199

Part 12—Savings and transitional provisions 200

244 Savings and transitional provisions—Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021 200

Schedule 201

Endnotes 202

1 General information 202

2 Table of Amendments 204

3 Explanatory details 213

Version No. 075

Gas Industry Act 2001

No. 31 of 2001

Version incorporating amendments as at

The Parliament of Victoria enacts as follows:

Part 1—Preliminary

1 Purpose

The main purpose of this Act is to regulate the gas industry.

2 Commencement

(1) Section 1 and this section come into operation on the day on which this Act receives the Royal Assent.

(2) The remaining provisions of this Act (except section 69) come into operation on 1 September 2001.

(3) Section 69 comes into operation on a day to be proclaimed.

(4) If section 69 does not come into operation before 1 July 2002, it comes into operation on that day.

3 Definitions

In this Act—

S. 3 def. of ACCC amended by No. 21/2012 s. 239(Sch. 6 item 20.1).

ACCC means the Australian Competition and Consumer Commission established by section 6A of the Competition and Consumer Act 2010 and includes a member of the Commission or a Division of the Commission performing functions of the Commission;

S. 3 def. of Access Code repealed by No. 30/2008 s. 41(1).

S. 3 def. of AEMC inserted by No. 59/2008 s. 19.

AEMC means the Australian Energy Market Commission established by section 5 of the Australian Energy Market Commission Establishment Act 2004 of South Australia;

S. 3 def. of AEMO inserted by No. 23/2009 s. 21(a).

AEMO means Australian Energy Market Operator Limited (ACN 072 010 327);

S. 3 def. of AER inserted by No. 55/2007 s. 23, repealed by No. 23/2009 s. 21(c), new def. of AER inserted by No. 33/2021 s. 13.

AER means the Australian Energy Regulator established by section 44AE of the Competition and Consumer Act 2010 of the Commonwealth;

S. 3 def. of affected licensee inserted by No. 37/2020 s. 12.

affected licensee means—

(a) a licensee whose licence in relation to which the Minister proposes to make an Order under section 40A(1) specifying a condition to which the licence is to be subject; or

(b) a licensee whose licence is subject to a Ministerial licence condition which the Minister proposes to vary or revoke under an Order under section 40A(1);

apparatus and works means, in relation to a pipeline—

(a) apparatus for inducing or facilitating the flow or movement of anything through the pipeline;

(b) apparatus or structure for giving protection or support to the pipeline;

(c) apparatus for transmitting information or instruction with regard to the operation of the pipeline;

(d) valves, valve chambers, manholes, inspection pits and other similar works annexed to or incorporated in the course of the pipeline;

(e) storage, loading and all ancillary facilities and installations required for the pipeline or used in connection with, or incidental to, the pipeline;

(f) prime movers for the operation of any apparatus or works mentioned in paragraph (a), (d) or (e);

S. 3 def. of appeal tribunal repealed by No. 29/2006 s. 3(Sch. 1 item 13.1).

S. 3 def. of associate inserted by No. 18/2024 s. 27.

associate, in relation to a failed retailer, has the same meaning it would have under Division 2 of Part 1.2 of the Corporations Act if sections 13, 16(2) and 17 did not form part of that Act;

S. 3 def. of civil penalty provision repealed by No. 23/2009 s. 21(c).

S. 3 def. of Code of Practice inserted by No. 49/2015 s. 18.

Code of Practice means a Code of Practice applying to the gas industry under Part 6 of the Essential Services Commission Act 2001 or under this Act;

S. 3 def. of Commission inserted by No. 62/2001 s. 77(a).

Commission means the Essential Services Commission established under the Essential Services Commission Act 2001;

S. 3 def. of Competition and Consumer Act 2010 inserted by No. 21/2012 s. 239(Sch. 6 item 20.3).

Competition and Consumer Act 2010 means the Competition and Consumer Act 2010 of the Commonwealth;

S. 3 def. of conduct provision repealed by No. 23/2009 s. 21(c).

construction includes, in relation to a pipeline, the placing or testing of the pipeline;

customer means a person to whom a gas company transmits, distributes or supplies gas or provides goods or services;

S. 3 def. of deemed Ministerial licence condition inserted by No. 37/2020 s. 12.

deemed Ministerial licence condition means a Ministerial licence condition to which section 40H(1) or (2) applies;

distribute, in relation to gas, means convey gas through distribution pipelines;

distribution pipeline means a pipeline for the conveyance of gas but does not include—

(a) a transmission pipeline;

(b) a gathering line within the meaning of the Petroleum Act 1998;

S. 3 def. of domestic or small business customer inserted by No. 59/2008 s. 19.

domestic or small business customer means a person, or a member of a class of persons, to whom an Order under section 42(5) applies;

S. 3 def. of failed retailer inserted by No. 18/2024 s. 27.

failed retailer has the same meaning as in section 122 of the National Energy Retail Law (Victoria);

gas means any gaseous fuel but does not include any gaseous fuel that is declared under section 8 not to be gas for the purposes of this Act or any provision of this Act;

S. 3 def. of gas bill inserted by No. 91/2004 s. 14, substituted by No. 28/2021 s. 20(a).

gas bill means—

(a) in this Act (except Division 4AA of Part 3), a bill or account issued by a licensee to a customer for the supply or sale of gas; and

(b) in Division 4AA of Part 3, a bill or account issued by a gas retailer or an exempt gas seller (within the meaning of that Division) to a relevant customer (within the meaning of that Division) for the supply or sale of gas;

gaseous fuel includes petrochemical feed stock;

GASCOR has the same meaning as it has in the Gas Industry (Residual Provisions) Act 1994;

gas company means a gas distribution company, a gas retailer or a gas transmission company;

gas distribution company means a person who holds a licence to provide services by means of a distribution pipeline;

S. 3 def. of gas distribution system repealed by No. 46/2014 s. 11.

gas fitting includes meter, pipeline, burner, fitting, appliance and apparatus used in connection with the consumption of gas;

gas producer means a person who carries on a business of producing natural gas;

gas retailer means a person who holds a licence to sell gas;

S. 3 def. of gas transmission company substituted by No. 23/2009 s. 21(b).

gas transmission company means any person, other than AEMO, who owns, operates or provides a service by means of a transmission pipeline;

S. 3 def. of gas transmission system repealed by No. 46/2014 s. 11.

S. 3 def. of GFCV repealed by No. 29/2006 s. 3(Sch. 1 item 13.2).

GTC has the same meaning as it has in the Gas Industry (Residual Provisions) Act 1994;

S. 3 def. of industry code inserted by No. 41/2021 s. 55.

industry code does not include a Code of Practice;

S. 3 def. of insolvency official inserted by No. 18/2024 s. 27.

insolvency official has the same meaning as in section 122 of the National Energy Retail Law (Victoria);

S. 3 def. of inspector amended by No. 13/2025 s. 96(Sch. 3 item 4).

inspector, except in Part 8, means a person appointed as an authorised officer under Part 5 of the Gas Safety Act 1997;

licence means a licence issued under Part 3;

licensee means the holder of a licence issued under Part 3;

S. 3 def. of licensee standing offer inserted by No. 59/2008 s. 19, amended by No. 28/2021 s. 27.

licensee standing offer means—

(a) the tariffs fixed under an Order in force under section 21 or determined under a price determination in force under such an Order or, if there are no such tariffs, the tariffs determined by a licensee under section 42(1) and published in the Government Gazette in accordance with that subsection, as varied from time to time by the licensee as provided for under section 42(3); and

(b) the terms and conditions determined by a licensee and approved by the Commission under section 42(1) and published in the Government Gazette in accordance with that subsection, as varied from time to time by the licensee and approved by the Commission as provided for under section 42(4);

S. 3 def. of market participant repealed by No. 23/2009 s. 21(c).

S. 3 def. of MCE inserted by No. 59/2008 s. 19, substituted by No. 13/2022 s. 68.

MCE means the group of Ministers, constituting or forming part of a Ministerial Council, Standing Council of Ministers or similar body (however described) responsible for energy matters at a national level that is comprised of the following 9 Ministers—

(a) one Minister from the Commonwealth;

(b) one Minister from each State;

(c) one Minister from each Territory—

which acts in accordance with its own procedures;

S. 3 def. of meter substituted by No. 28/2021 s. 20(b).

meter means—

(a) an instrument that measures the quantity of gas passing through it; and

(b) in Division 4AA of Part 3, includes an instrument that measures the quantity of hot water passing through it;

S. 3 def. of Ministerial licence condition inserted by No. 37/2020 s. 12.

Ministerial licence condition—

(a) means a condition specified under an Order under section 40A(1) to which a licence, or a specified class of licence, is to be subject; and

(b) includes a condition referred to in paragraph (a) as varied under an Order under section 40A(1);

S. 3 def. of MSO Rules repealed by No. 23/2009 s. 21(c).

S. 3 def. of national retailer inserted by No. 18/2024 s. 27.

national retailer has the same meaning as in section 122 of the National Energy Retail Law (Victoria);

natural gas means a substance—

(a) which is in a gaseous state at standard temperature and pressure; and

(b) which consists of naturally occurring hydrocarbons, or a naturally occurring mixture of hydrocarbons and non-hydrocarbons; and

(c) the principal constituent of which is methane;

operation, in relation to a pipeline, includes the maintenance, removal and alteration of the pipeline;

S. 3 def. of ORG repealed by No. 62/2001 s. 77(b).

pipeline means a pipe or system of pipes for or incidental to the conveyance of gas and includes all apparatus and works associated with the pipe or system of pipes, and includes a part of such a pipe or system but does not include a pipeline or a pipeline in a class of pipelines declared under section 9 not to be a pipeline for the purposes of this Act;

S. 3 def. of Port Campbell facility repealed by No. 55/2007 s. 29.

S. 3 def. of primary distribution system repealed by No. 46/2014 s. 11.

S. 3 def. of primary transmission system repealed by No. 46/2014 s. 11.

S. 3 def. of Registered participant inserted by No. 23/2009 s. 21(a).

Registered participant has the same meaning as in the National Gas (Victoria) Law;

S. 3 def. of regulated tariff standing offer inserted by No. 59/2008 s. 19.

regulated tariff standing offer means a licensee standing offer that is subject to an Order under section 21 that is in force;

S. 3 def. of regulatory provision repealed by No. 23/2009 s. 21(c).

S. 3 def. of relevant published offer inserted by No. 59/2008 s. 19.

relevant published offer means the tariffs and terms and conditions on which a specified retailer sells gas to small retail customers that are published in accordance with section 43A;

S. 3 def. of retail licence inserted by No. 18/2024 s. 27.

retail licence means a licence to sell gas by retail;

S. 3 def. of RoLR event inserted by No. 18/2024 s. 27.

RoLR event has the same meaning as in section 122 of the National Energy Retail Law (Victoria);

S. 3 def. of significant producer amended by No. 10/2010 s. 800(Sch. 6 item 4).

significant producer means a body corporate that—

(a) is the holder of, or of an interest in, a production licence for petroleum in the adjacent area in respect of Victoria within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2010 or of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of the Commonwealth; and

(b) has a substantial degree of power in one or more Victorian gas markets—

and, in Parts 3, 4 and 5, includes a body corporate that is related within the meaning of section 74 to such a holder;

S. 3 def. of small retail customer inserted by No. 91/2004 s. 14.

small retail customer in section 43A, 48B, 48C or 48D means a person in a class of persons declared to be small retail customers for the purposes of that section by Order under section 7A;

S. 3 def. of specified circum-stances inserted by No. 59/2008 s. 19.

specified circumstances, in section 43A, means circumstances declared to be specified circumstances by Order under section 7A(1)(c);

S. 3 def. of specified retailer inserted by No. 59/2008 s. 19.

specified retailer means a licensee declared to be a specified gas retailer by Order under section 7A(1)(b);

S. 3 def. of standing offer inserted by No. 59/2008 s. 19.

standing offer means—

(a) a licensee standing offer; or

(b) a regulated tariff standing offer;

S. 3 def. of supply and sale contract inserted by No. 28/2021 s. 17.

supply and sale contract means a contract for the sale or supply of gas, whether oral or in writing, or partly oral and partly in writing;

S. 3 def. of Tariff Order amended by Nos 25/2004 s. 10, 6/2019 s. 9.

Tariff Order means—

(b) the Wimmera and Colac Gas Supply Tariff Order 1998 published in the Government Gazette on 17 December 1998 as that Order is amended and in force from time to time;

S. 3 def. of Trade Practices Act repealed by No. 21/2012 s. 239(Sch. 6 item 20.2).

S. 3 def. of transmission pipeline amended by No. 61/2005 s. 217(1).

transmission pipeline means—

(a) a pipeline for the conveyance of gas—

(i) in respect of which a person is, or is deemed to be, the licensee under the Pipelines Act 2005; and

(ii) that has a maximum design pressure exceeding 1050kPa—

other than a gathering line within the meaning of the Petroleum Act 1998; or

(b) a pipeline that is declared under section 10 to be a transmission pipeline—

but does not include a pipeline declared under section 10 not to be a transmission pipeline;

transmit means convey gas through a transmission pipeline;

S. 3 def. of trial waiver inserted by No. 33/2021 s. 13.

trial waiver—see section 55;

underground storage facility means a naturally occurring underground reservoir adapted to enable it to be used for the purpose of storing natural gas;

S. 3 def. of VENCorp repealed by No. 23/2009 s. 21(c).

Victorian gas market means a market in which gas—

(a) is supplied in Victoria to a gas retailer; or

(b) is supplied to customers in Victoria—

whether or not the market extends beyond Victoria.

4 Crown to be bound

This Act binds the Crown, not only in right of Victoria but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

5 Extra-territorial operation

It is the intention of the Parliament that the operation of this Act should, so far as possible, include operation in relation to the following—

(a) land situated outside Victoria, whether in or outside Australia;

(b) things situated outside Victoria, whether in or outside Australia;

(c) acts, transactions and matters done, entered into or occurring outside Victoria, whether in or outside Australia;

(d) things, acts, transactions and matters, (wherever situated, done, entered into or occurring) that would, apart from this Act, be governed or otherwise affected by the law of the Commonwealth, another State, a Territory or a foreign country.

6 Construction of Act

This Act must be read and construed as one with the Gas Industry (Residual Provisions) Act 1994.

Part 2—Application of Act

Division 1—Provisions relating to gas companies

7 Application of Act and other Acts to certain gas companies

(1) The Governor in Council, by Order published in the Government Gazette, may declare that a reference in specified provisions in Part 7 of this Act or specified provisions in another Act to a gas company does not include a reference to a specified gas distribution company, gas retailer or gas transmission company.

(2) A copy of an Order under subsection (1) must be laid before each House of Parliament on or before the sixth sitting day after it is made.

(3) An Order under subsection (1) is subject to disallowance by a House of Parliament, and section 23 of the Subordinate Legislation Act 1994 applies as if the Order were a statutory rule.

Pt 2 Div. 1A (Heading and s. 7A) inserted by No. 91/2004
s. 15.

Division 1A—Declaration of small retail customers and retailers

S. 7A inserted by No. 91/2004
s. 15.

7A Declaration of small retail customers and retailers

(1) The Governor in Council may by Order published in the Government Gazette—

(a) declare a class or classes of persons to be small retail customers for the purposes of section 43A, 48B, 48C or 48D;

S. 7A(1)(b) amended by No. 59/2008 s. 20(1).

(b) declare a licensee to be a specified gas retailer for the purposes of section 43A;

S. 7A(1)(c) inserted by No. 59/2008 s. 20(2).

(c) declare circumstances to be specified circumstances for the purposes of section 43A.

(2) An Order under subsection (1)(a) may declare a different class or classes of persons to be small retail customers for the purposes of each section specified in that paragraph.

S. 7A(3) amended by No. 59/2008 s. 20(3).

(3) An Order under subsection (1)(a) may specify a class of persons by reference to all or any of the following—

(f) the nature of the contract for supply of gas;

(g) financial circumstances;

(h) any other specified factor of any kind.

S. 7A(3A) inserted by No. 59/2008 s. 20(4).

(3A) An Order under subsection (1)(b) may specify a licensee by reference to all or any of the following—

(a) the number of small retail customers of the licensee;

(b) the tariffs at, and terms and conditions on, which the licensee sells gas to its small retail customers;

(c) the distribution area of a gas distribution company provided for in the company's licence;

(d) any other specified factor relevant to the sale of gas.

S. 7A(3B) inserted by No. 59/2008 s. 20(4).

(3B) An Order under subsection (1)(c) may declare circumstances to be specified circumstances by reference to all or any of the following—

(a) the number of small retail customers of a specified retailer;

(b) the tariffs at, and terms and conditions on, which a specified retailer sells gas to its small retail customers;

(c) the distribution area of a gas distribution company provided for in the company's licence;

(d) any other specified factor relevant to the sale of gas.

(4) An Order under this section may confer powers and functions on, and leave any matter to be decided by, the Commission.

Division 2—Application provisions relating to gas and pipelines

8 Declaration of gaseous fuel

The Governor in Council, by Order published in the Government Gazette, may declare any gaseous fuel not to be gas for the purposes of this Act or any provision of this Act.

9 Declaration of pipeline not to be pipeline

The Governor in Council, by Order published in the Government Gazette, may declare a pipeline or a pipeline in a class of pipelines not to be a pipeline for the purposes of this Act.

10 Declaration of pipeline to be, or not to be, a transmission pipeline

The Governor in Council, by Order published in the Government Gazette—

(a) may declare a pipeline or class of pipelines to be a transmission pipeline for the purposes of this Act;

(b) may declare a pipeline or class of pipelines not to be a transmission pipeline for the purposes of this Act.

Ss 11, 12 repealed by No. 46/2014 s. 12.

S. 13 repealed by No. 23/2009 s. 22.

S. 14 repealed by No. 23/2009 s. 23.

Pt 2 Div. 3 (Heading and ss 15, 16) amended by No. 23/2009 s. 24, repealed by No. 3/2014 s. 15.

Pt 2 Div. 4 (Heading) amended by No. 62/2001 s. 77(c)(ii).

Division 4—Role of the Commission and the ACCC under this Act

S. 17 (Heading) amended by No. 62/2001 s. 77(d).

S. 17 amended by No. 62/2001 s. 77(d).

17 Application of Essential Services Commission Act 2001

For the purposes of the Essential Services Commission Act 2001—

(a) this Act is relevant legislation; and

(b) the gas industry is a regulated industry.

S. 18 amended by No. 62/2001 s. 77(c)(ii), substituted by No. 62/2001 s. 78.

18 Objectives of the Commission

The objectives of the Commission under this Act are—

(a) to the extent that it is efficient and practicable to do so, to promote a consistent regulatory approach between the gas industry and the electricity industry; and

S. 18(b) amended by No. 49/2015 s. 19(a).

(b) to promote the development of full retail competition; and

S. 18(c) inserted by No. 49/2015 s. 19(b).

(c) to promote protections for customers, including in relation to assisting customers who are facing payment difficulties.

S. 19 repealed by No. 23/2009 s. 25.

Part 3—Regulation of gas industry

Division 1—Regulation of tariffs and charges

S. 20 (Heading) substituted by No. 25/2004 s. 11(1).

20 Wimmera and Colac Tariff Order

S. 20(1) amended by No. 25/2004 s. 11(2).

(1) The Wimmera and Colac Tariff Order cannot be amended except as provided by this section.

S. 20(2) amended by No. 25/2004 s. 11(3).

(2) The Governor in Council may, by Order, revoke the Wimmera and Colac Tariff Order.

S. 20(3) amended by No. 25/2004 s. 11(3).

(3) The Governor in Council may, by Order, amend the Wimmera and Colac Tariff Order to insert specified metering and data collection and processing services as excluded services for the purposes of the Order.

(4) The Governor in Council may, by Order, amend a Tariff Order from time to time so as to extend the application of the Order to additional retailers and additional gas distribution companies.

S. 20(5) amended by Nos 62/2001 s. 77(c)(ii), 25/2004 s. 11(2).

(5) The Wimmera and Colac Tariff Order may confer functions and powers on the ACCC or the Commission relating to the regulation of tariffs and charges under the Order.

S. 20(6) amended by No. 25/2004 s. 11(3), repealed by No. 30/2008 s. 41(2).

(7) An Order under subsection (2), (3) or (4) must be published in the Government Gazette.

S. 20(8) amended by No. 62/2001 s. 77(c)(ii), substituted by No. 75/2004 s. 33[1].

(8) An Order under subsection (1) has effect as from the date specified in the Order.

S. 20(8A) inserted by No. 75/2004 s. 33, repealed by No. 41/2021 s. 56.

S. 20(9) amended by No. 25/2004 s. 11(3).

(9) If a provision of the Wimmera and Colac Tariff Order ceases to have effect, the remaining provisions of that Order continue to have effect, subject to that Order and this Act, according to their tenor and so to have effect, subject to that Order and this Act, as if—

(a) references in those provisions to a provision that has ceased to have effect were a reference to that provision as in force immediately before it ceased to have effect; and

(b) words and expressions used in those provisions that were defined by the provision that has ceased to have effect continue to have the same respective meanings as before the provision ceased to have effect.

S. 20(10) inserted by No. 25/2004 s. 11(4).

(10) In this section Wimmera and Colac Tariff Order means the Wimmera and Colac Gas Supply Tariff Order 1998 published in the Government Gazette on 17 December 1998 as that Order is amended and in force from time to time.

S. 20A inserted by No. 25/2004 s. 12, amended by No. 30/2008 s. 41(3),
repealed by No. 59/2008 s. 29, new s. 20A inserted by No. 6/2019 s. 10.

20A Powers in relation to price regulation

For the purposes of Part 3 of the Essential Services Commission Act 2001, the power to regulate prescribed prices in respect of prescribed goods and services is conferred on the Commission in respect of tariffs for the sale of gas regulated by Order under section 21, to the extent specified in such an Order.

21 Regulation of tariffs for prescribed customers

S. 21(1) amended by No. 6/2019 s. 11(1).

(1) The Governor in Council, on the recommendation of the Minister, may, by Order published in the Government Gazette, regulate, in such manner and in relation to such period as the Governor in Council thinks fit, tariffs for the sale of gas to prescribed customers or a class of prescribed customers.

S. 21(1A) inserted by No. 59/2008 s. 21(1), substituted by No. 6/2019 s. 11(2).

(1A) The Minister may make a recommendation under subsection (1)—

(a) if, under an MCE directed retail competition review, the AEMC—

(i) concludes that competition in a market for gas is not effective; and

(ii) recommends, in accordance with the MCE's written direction for that review, that price controls on prices for retail gas services be (as the case requires) retained or reintroduced; or

(b) if the Commission makes a recommendation in a report under section 10AAB of the Essential Services Commission Act 2001 that price controls on prices for retail gas services be (as the case requires) retained or reintroduced.

S. 21(1B) inserted by No. 6/2019 s. 11(2).

(1B) In addition, the Minister may make a recommendation under subsection (1) on the basis of any other information available to the Minister, including information made available to the Minister before the commencement of this subsection.

S. 21(1C) inserted by No. 6/2019 s. 11(2).

(1C) Before making a recommendation under subsection (1), the Minister must consult the Premier and the Treasurer.

(2) Without limiting the generality of subsection (1), the manner may include—

(a) fixing the tariff or the rate of increase or decrease in the tariff;

(b) fixing a maximum tariff or maximum rate of increase or minimum rate of decrease in the maximum tariff;

(c) fixing an average tariff or an average rate of increase or decrease in the average tariff;

(d) specifying policies and principles for fixing tariffs;

(e) specifying a tariff determined by reference to a general price index, the cost of production, a rate of return on assets employed or any other specified factor;

(f) specifying a tariff determined by reference to any one or more of the following—

(i) a prescribed customer or class of prescribed customers;

(ii) a person or a class of persons authorised to sell gas;

(iii) the purpose for which the gas is used;

(iv) the quantity of gas used;

(v) the period of use;

(vi) the place of supply;

(vii) any other specified factor relevant to the sale of gas.

S. 21(2AA) inserted by No. 6/2019 s. 11(3).

(2AA) Without limiting the generality of subsection (1), an Order under that subsection may—

(a) prohibit or exclude any specified cost, matter or thing from being had regard to by the Commission in making a decision, including a price determination, in respect of any tariff for the sale of gas to prescribed customers or a class of prescribed customers; and

(b) regulate the offer, or the giving, of a discount or other benefit to prescribed customers or a class of prescribed customers, including—

(i) the maximum amount or value of a discount or other benefit that may be offered or given to prescribed customers or a class of prescribed customers; and

(ii) the periods when a discount or other benefit may be offered or given to prescribed customers or a class of prescribed customers.

S. 21(2A) inserted by No. 59/2008 s. 21(2), amended by No. 6/2019 s. 11(4).

(2A) Without limiting the generality of subsection (1), in determining the manner tariffs for the sale of gas to prescribed customers or a class of prescribed customers are to be regulated, the Governor in Council may have regard to the tariffs paid or payable by the prescribed customers or a class of prescribed customers.

S. 21(3) amended by Nos 62/2001 s. 77(c)(ii)(d), 75/2004 s. 34(1), substituted by No. 6/2019 s. 11(5).

(3) An Order under subsection (1) may—

(a) direct the Commission to make a decision, including a price determination, in respect of any factors and matters, or in accordance with any procedures, matters or bases, that are specified in the Order; and

(b) direct the Commission to make amendments to any instrument made by the Commission to give effect to any matter specified in the Order; and

(c) confer powers and functions on, and leave any matter to be decided by, the Commission; and

(d) include saving and transitional provisions.

S. 21(3A) inserted by No. 6/2019 s. 11(5).

(3A) An Order under subsection (1) may—

(a) be of general or limited application;

(b) differ according to differences in time, place and circumstances.

S. 21(3B) inserted by No. 6/2019 s. 11(5).

(3B) An Order under subsection (1) has effect according to its tenor despite anything to the contrary in any agreement or contract.

S. 21(4) amended by No. 62/2001 s. 77(c)(ii), substituted by No. 75/2004 s. 34(2).

(4) An Order under subsection (1) has effect as from the date specified in the Order.

S. 21(4A) inserted by No. 75/2004 s. 34(2), amended by No. 6/2019 s. 11(6), repealed by No. 41/2021 s. 57.

(5) The Governor in Council may, by Order published in the Government Gazette, declare that a person or class of persons specified in the Order is, for the purposes of this section, a prescribed customer or class of prescribed customers.

S. 21(6) def. of MCE directed retail competition review inserted by No. 59/2008 s. 21(3)(b).

MCE directed retail competition review means an MCE directed review (within the meaning of the National Gas (Victoria) Law) under section 79(1)(e) of that Law;

S. 21(6) def. of prescribed customer amended by No. 59/2008 s. 21(3)(a).

prescribed customer means a person, or a member of a class of persons, to whom an Order under subsection (5) applies;

S. 21(6) def. of price determination inserted by No. 6/2019 s. 11(7)(a).

price determination means a determination under section 33 of the Essential Services Commission Act 2001.

S. 21(6) def. of review period inserted by No. 59/2008 s. 21(3)(b), repealed by No. 6/2019 s. 11(7)(b).

S. 21(7) amended by No. 40/2003 s. 3, substituted by No. 91/2004 s. 16, amended by No. 55/2007 s. 16, repealed by No. 59/2008 s. 21(4).

Division 2—Licences

22 Offence to distribute or retail gas without licence

S. 22(1) amended by Nos 62/2001 s. 77(c)(ii), 41/2021 s. 58(1).

(1) A person must not provide services (other than the sale of gas by retail) by means of a distribution pipeline, either as principal or agent, unless the person—

(a) is the holder of a licence authorising that person to provide those services; or

S. 22(1)(b) amended by No. 33/2021 s. 14(1)(a).

(b) is exempt from the requirement to obtain a licence in respect of those services because of an Order under section 24; or

S. 22(1)(c) inserted by No. 33/2021 s. 14(1)(b).

(c) is the holder of a trial waiver in respect of the provision of those services.

S. 22(2) amended by Nos 62/2001 s. 77(c)(ii), 41/2021 s. 58(1).

(2) A person must not engage in the sale of gas by retail, either as principal or agent, unless the person—

(a) is the holder of a licence authorising the sale of gas by retail; or

S. 22(2)(b) amended by No. 33/2021 s. 14(2)(a).

(b) is exempt from the requirement to obtain a licence in respect of the sale of gas by retail because of an Order under section 24; or

S. 22(2)(c) inserted by No. 33/2021 s. 14(2)(b).

(c) is the holder of a trial waiver in respect of the sale of gas by retail.

S. 22(3) inserted by No. 41/2021 s. 58(2).

(3) A person who contravenes subsection (1) or (2) commits an offence against that subsection and is liable to a penalty not exceeding 1200 penalty units and 120 penalty units for each day after the day on which a notice of contravention of that subsection is served on the person by the Commission.

S. 22(4) inserted by No. 41/2021 s. 58(2).

(4) Subsections (1) and (2) are civil penalty requirements for the purposes of the Essential Services Commission Act 2001.

Note to s. 22 inserted by No. 41/2021 s. 58(2).

For matters relating to contraventions of provisions that are offences and civil penalty requirements, see Subdivision 4 of Division 1 of Part 7 of the Essential Services Commission Act 2001.

S. 23 amended by No. 62/2001 s. 77(c)(ii), repealed by No. 55/2007 s. 30.

24 Exemptions

S. 24(1) substituted by No. 23/2009 s. 26.

(1) The Governor in Council, by Order published in the Government Gazette, may exempt—

(a) a person from the requirement to obtain a licence in respect of the activity specified in the Order; or

(b) a person from the requirement to obtain registration under section 91BJ or 91LB of the National Gas (Victoria) Law.

S. 24(2) substituted by No. 3/2014 s. 16.

(2) An Order under subsection (1)(a) may—

(a) be of general or specific application; and

(b) differ according to differences in time, place and circumstances; and

(c) apply, adopt or incorporate wholly or partially or as published or amended by the Order, the provisions of any document, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether—

(i) as formulated, issued, prescribed or published at the time the Order is made or at any time before the Order is made; or

(ii) as amended from time to time; and

(d) include terms, conditions and limitations that are the same as some or all of the conditions that apply to a licence; and

(e) be subject to such terms, conditions and limitations as are specified in the Order; and

(f) direct the Commission to make amendments to any instrument made by the Commission to give effect to any matter specified in the Order; and

(g) include saving and transitional provisions; and

(h) have effect according to its tenor despite anything to the contrary in any agreement or contract; and

(i) have effect despite anything to the contrary in section 21; and

(j) confer powers and functions on, and leave any matter to be decided by, the Commission.

S. 24(3) repealed by No. 3/2014 s. 16.

S. 24(4) amended by Nos 62/2001 s. 77(c)(ii), 75/2004 s. 35, repealed by No. 3/2014 s. 16.

25 Application for licence

S. 25(1) amended by No. 62/2001 s. 77(c)(ii).

(1) A person may apply to the Commission for the issue of a licence—

(a) authorising the person to provide services by means of a distribution pipeline; or

(b) authorising the person to sell gas by retail; or

(c) authorising the person to engage in providing services as a market participant by means of an underground storage facility.

S. 25(2) amended by Nos 62/2001 s. 77(c)(ii), 75/2004 s. 36.

(2) An application must be in a form approved by the Commission and accompanied by such documents as may be required by the Commission.

S. 25(3) amended by No. 62/2001 s. 77(c)(ii).

(3) An application must be accompanied by the application fee (if any) fixed by the Commission.

S. 26 (Heading) amended by No. 75/2004 s. 37(1).

26 Grant or refusal of application

S. 26(1) amended by No. 62/2001 ss 77(c)(i), 79(1).

(1) The Commission may grant or refuse an application for the issue of a licence for any reason it considers appropriate, having regard to the objectives of the Commission under this Act and under the Essential Services Commission Act 2001.

S. 26(1A) inserted by No. 18/2024 s. 28.

(1A) The Commission may refuse to grant an application for the issue of a licence if the applicant is a failed retailer or an associate of a failed retailer.

S. 26(1B) inserted by No. 18/2024 s. 28.

(1B) Without limiting subsection (1A), the Commission may refuse to grant an application for the issue of a licence until the applicant pays a proportion or the whole of the costs of a prior RoLR event as determined by the AER under section 170 of the National Energy Retail Law (Victoria).

S. 26(2) amended by No. 62/2001 s. 77(c)(i).

(2) The Commission must publish a notice in a daily newspaper generally circulating in Victoria—

S. 26(2)(a) amended by No. 62/2001 s. 77(c)(ii).

(a) specifying that an application for a licence in respect of the relevant activity has been lodged with the Commission by the person specified in the notice; and

S. 26(2)(b) amended by No. 62/2001 s. 77(c)(ii).

(b) inviting interested persons to make submissions to the Commission in respect of the application within the period and in the manner specified in the notice.

S. 26(3) amended by Nos 62/2001 s. 77(c)(ii), 75/2004 s. 37(2).

(3) Subject to this section and any requirements specified in regulations made for the purposes of this section under section 236, the Commission may decide the procedures that are to apply in respect of the issue of licences.

S. 26(4) amended by No. 62/2001 s. 77(c)(i).

(4) The Commission must notify an applicant in writing of its decision to grant or refuse to grant the application and, in the case of a decision to refuse to grant the application, of the reasons for its decision.

27 Grant of licence for exclusive franchise

S. 27(1) amended by No. 62/2001 s. 77(c)(i).

(1) The Commission, under section 26, may grant an application for a licence—

(a) to provide services by means of a distribution pipeline in a particular area on an exclusive basis; or

(b) to sell gas by retail in a particular area on an exclusive basis.

S. 27(2) amended by No. 62/2001 s. 77(c)(i).

(2) The Commission, under section 38, may vary a licence to permit the licensee—

(a) to provide services by means of a distribution pipeline in a particular area on an exclusive basis; or

(b) to sell gas by retail in a particular area on an exclusive basis.

S. 27(3) amended by No. 62/2001 s. 77(c)(i).

(3) The Commission may only grant an application for a licence of a kind referred to in subsection (1) in accordance with the criteria determined by Order under this section for the grant of a licence.

S. 27(4) amended by No. 62/2001 s. 77(c)(i).

(4) The Commission may only vary a licence for a purpose referred to in subsection (2) in accordance with the criteria determined by Order under this section for the variation of a licence.

(5) If—

(a) an application for a licence to provide services by means of a distribution pipeline is granted, in accordance with this section, in relation to a particular area; or

(b) a licence is varied to permit the provision of services by means of a distribution pipeline in a particular area on an exclusive basis—

then for the period specified in the licence, no other licensee is authorised to provide those services in that area.

(6) If—

(a) an application for a licence to sell gas by retail is granted in accordance with this section in relation to a particular area; or

(b) a licence is varied to permit the sale of gas by retail in a particular area on an exclusive basis—

then for the period specified in the licence no other licensee is authorised under this Act to sell gas by retail in that area.

(7) Subsections (5) and (6) apply despite anything to the contrary in any licence granted before, on or after the commencement of this section and any such licence is deemed to be modified accordingly.

(8) The Governor in Council, by Order published in the Government Gazette, may determine the criteria for—

(a) the grant of an application for a licence of a kind referred to in subsection (1)(a) or (b); or

(b) the variation of a licence of a kind referred to in subsection (2)(a) or (b).

(9) The criteria specified in an Order under subsection (8) must not be inconsistent with any relevant criteria contained in the Natural Gas Pipelines Access Agreement dated 7 November 1997 and made between the Commonwealth, the States of New South Wales, Victoria, Queensland, South Australia, Western Australia and Tasmania, and the Australian Capital Territory and the Northern Territory as that agreement is amended and in effect from time to time.

28 Provisions relating to licences

S. 28(1) amended by Nos 62/2001 s. 77(c)(ii), 75/2004 s. 38.

(1) A licence is to be issued for such term (if any) as is decided by the Commission and is specified in the licence.

S. 28(2) amended by Nos 62/2001 s. 77(c)(ii), 75/2004 s. 38.

(2) A licence is subject to such conditions as are decided by the Commission.

Note to s. 28(2) inserted by No. 37/2020 s. 13.

A licence is also subject to conditions deemed under this Act to be licence conditions of the licence or to which the licence is subject, including conditions specified by the Minister by Order under section 40A(1).

(3) If a licence is issued to 2 or more persons for the purpose of the carrying on by those persons of activities authorised by the licence in partnership or as an unincorporated joint venture, the licence may include conditions relating to the carrying on of those activities in that manner.

S. 28(4) inserted by No. 74/2010 s. 26.

(4) For the purposes of section 8(1)(k) of the Personal Property Securities Act 2009 of the Commonwealth, a licence is declared not to be personal property.

29 Specific licence conditions

Without limiting the generality of section 28, the conditions on a licence may include provisions—

S. 29(a) amended by No. 62/2001 s. 77(c)(ii).

(a) requiring the licensee to pay specified fees and charges in respect of the licence to the Commission;

(b) requiring the licensee to enter into agreements on specified terms or on terms of a specified type;

S. 29(c) amended by Nos 62/2001 s. 77(c)(ii), 75/2004 s. 39(a).

(c) requiring the licensee to observe specified Orders in Council, industry codes, standards, rules and guidelines with such modifications or exemptions as may be specified by the Commission;

(d) in the case of a licence issued to a gas retailer, requiring the licensee to inform customers from time to time of the arrangements in place or proposed to be in place to allow them to elect to become a customer of another gas retailer;

S. 29(e) amended by Nos 62/2001 s. 77(c)(ii), 85/2001 s. 10.

(e) in the case of a licence issued to a gas retailer, requiring the licensee to give notice to customers of the existence of deemed contracts under section 46 and the methods by which those contracts may be terminated and requiring the gas retailer to provide cooling-off periods approved by the Commission for the termination of those contracts;

(f) requiring the licensee to maintain specified accounting records and to prepare accounts according to specified principles;

(g) specifying requirements about the ownership of real or personal property used in or in connection with the carrying on of activities under the licence;

S. 29(h) repealed by No. 75/2004 s. 39(b).

(i) preventing the licensee from engaging in or undertaking specified business activities;

(j) requiring the licensee to establish and maintain separate accounts for specified business activities and to keep those activities separate from its other activities in any manner specified in the licence;

(k) prohibiting the licensee from engaging in conduct of a particular kind, or for a particular purpose, or that has, or is likely to have, a particular effect;

(l) restricting the classes of customers to whom the licensee may sell gas or provide services under the licence, as the case requires;

(m) specifying methods or principles to be applied by the licensee in determining prices or charges;

S. 29(ma) inserted by No. 91/2004 s. 17.

(ma) in the case of a licence issued to a gas retailer, specifying methods and principles to be applied by the licensee in determining prices and charges for the supply of gas to bulk hot water systems and requiring the licensee to publish those prices or charges;

(n) specifying methods or principles to be applied in the conduct of gas retailing or the provision of services under the licence, as the case requires;

(o) specifying procedures for variation or revocation of the licence;

(p) specifying the procedures to apply if an administrator is appointed under section 41;

S. 29(q) amended by Nos 62/2001 s. 77(c)(ii), 75/2004 s. 39(c).

(q) requiring the licensee to provide, in the manner and form specified by the Commission, such information as the Commission may from time to time require;

(r) subject to section 49, in the case of a licence issued to a gas retailer, requiring the licensee to enter into an agreement with the State for the provision of community services;

S. 29(s) amended by No. 18/2024 s. 29(1).

(s) requiring the licensee to develop, issue and comply with customer-related standards, procedures, policies and practices (including with respect to the payment of compensation to customers);

S. 29(t) inserted by No. 18/2024 s. 29(2).

(t) requiring a licensee who was a failed retailer or was or is an associate of a failed retailer to pay a proportion or the whole of the costs of a prior RoLR event as determined by the AER in accordance with section 170 of the National Energy Retail Law (Victoria).

S. 30 substituted by Nos 62/2001 s. 80, 41/2021 s. 59.

30 Determination of fees and charges

(1) For the purposes of section 29(a), the Minister, after consultation with the Minister administering the Essential Services Commission Act 2001, by notice published in the Government Gazette, may determine the fees and charges specified in respect of a licence.

(2) A determination of fees and charges under this section may provide for any of the following matters—

(a) specific fees and charges;

(b) maximum fees and charges;

(c) minimum fees and charges;

(d) scales of fees and charges according to the value of the services provided for the fees and charges;

(e) fees and charges that vary according to different persons or classes of persons;

(f) the manner of payment of fees and charges;

(g) the reduction, waiver or refund, in whole or part, of the fees and charges;

(h) the time or times at which fees and charges are to be paid.

(3) If under subsection (2)(g) provision is made for a reduction, waiver or refund, in whole or in part, of a fee or charge, the reduction, waiver or refund may be expressed to apply—

(a) either generally or specifically—

(i) in respect of certain matters or transactions or classes of matters or transactions; or

(ii) in respect of certain documents or classes of documents; or

(iii) when an event happens; or

(iv) in respect of certain persons or classes of persons; or

(v) in respect of any combination of matters, transactions, documents, events or persons; and

(b) subject to specified conditions or at the discretion of any specified person or body.

(4) A determination under this section takes effect on the day that the notice is published in the Government Gazette under subsection (1) or on a later day specified in that notice.

(5) A determination under this section ceases to have effect on whichever of the following days occurs first—

(a) the day the determination is revoked;

(b) the day (if any) that the notice published in the Government Gazette under subsection (1) specifies as the day on which the determination ceases to have effect;

(c) the day that is 10 years after the day on which the determination took effect.

31 Condition specifying industry codes, standards, rules or guidelines

S. 31(1) amended by No. 62/2001 s. 77(c)(ii).

(1) If a licence is subject to a condition of a kind referred to in section 29(c), the Commission—

S. 31(1)(a) amended by No. 62/2001 s. 77(c)(ii).

(a) may, in accordance with procedures specified by the Commission, amend the specified industry codes, standards, rules or guidelines, or a document referred to in any of them, for the purposes of their application under the licence;

(b) may resolve, or seek to resolve, disputes between the licensee and any other person relating to the specified industry codes, standards, rules or guidelines, or a document referred to in any of them, as they apply under the licence.

S. 31(2) amended by No. 62/2001 s. 77(c)(ii).

(2) If the Commission amends an industry code, standard, rule or guideline or a document under subsection (1), the Commission may at the same time, in accordance with procedures specified by the Commission, amend that code, standard, rule, guideline or document for the purposes of their application otherwise than under the licence.

32 Condition relating to customer-related standards, procedures, policies and practices

(1) If a licence is subject to a condition of a kind referred to in section 29(s)—

S. 32(1)(a) amended by No. 62/2001 s. 77(c)(ii).

(a) the Commission must monitor the licensee's compliance with the customer-related standards, procedures, policies and practices developed by the licensee in accordance with the condition; and

S. 32(1)(b) amended by Nos 62/2001 s. 77(c)(ii), 75/2004 s. 40(a).

(b) if the Commission considers that any of the customer-related standards, procedures, policies and practices, or compliance by the licensee with any of them, disadvantages, or may disadvantage, any class of its customers, or all of its customers, the Commission may require the licensee to modify or revoke any part of the standards, procedures, policies or practices that causes the disadvantage or possible disadvantage.

S. 32(2) amended by Nos 62/2001 s. 77(c)(i), 75/2004 s. 40(b).

(2) The Commission, in making a requirement under subsection (1)(b), must have regard to the prices, risks and costs associated with or resulting from the modification or revocation which is the subject of the requirement.

S. 32(3) amended by Nos 62/2001 s. 77(c)(i)(ii), 75/2004 s. 40(b).

(3) The Commission must not make a requirement under subsection (1)(b) unless the Commission has given the licensee an opportunity to make representations on the matter.

S. 32(4) amended by Nos 62/2001 s. 77(e), 75/2004 s. 40(b)(c).

(4) Section 35 of the Essential Services Commission Act 2001 applies to the making of a requirement under subsection (1) as if it were a determination made by the Commission under the Essential Services Commission Act 2001.

S. 33 amended by No. 62/2001 s. 77(c)(i)(ii), repealed by No. 25/2004 s. 13,
new s. 33 inserted by No. 49/2015 s. 20.

33 Condition to give information to Commission

(1) A licence to sell gas by retail is taken to include a condition requiring the licensee to comply with this section.

S. 33(2) amended by No. 41/2021 s. 60.

(2) The licensee must give to the Commission, for the purpose of enabling the Commission to perform its functions under Part 6A, the information specified by the Commission in the guidelines issued under subsection (4).

(3) The licensee must give to the Commission the information referred to in subsection (2) in the manner and form (including by the date or dates) specified in the guidelines issued under subsection (4).

(4) The Commission must prepare and issue guidelines for the purposes of this section.

Note to s. 33 inserted by No. 28/2021 s. 25.

Section 229A contains offences in relation to licensees giving information or producing documents to the Commission that are misleading in any material particular.

S. 34 amended by Nos 62/2001
s. 77, 85/2001 ss 11, 17(1), 25/2004 s. 14, 75/2004 s. 41, 31/2006 s. 5, repealed by No. 55/2007 s. 15,
new s. 34 inserted by No. 49/2015 s. 20.

34 Condition relating to advertising of enforcement action taken against licensee

(1) A licence is taken to include a condition requiring the licensee, at the direction of the Commission, to publish a notice, approved by the Commission, containing the things set out in subsection (2) in a daily newspaper generally circulating in Victoria within the period specified by the Commission.

(2) A notice published under subsection (1) must contain the following things—

(a) a statement that enforcement action has been taken in respect of the licensee;

(b) an explanation of the nature of the enforcement action;

(c) the reason for the enforcement action;

(d) the status of any proceeding commenced, or action taken, in relation to the enforcement action.

S. 34(3) def. of enforcement action amended by No. 41/2021 s. 61.

enforcement action has the same meaning as in section 223(4).

S. 35 expired by force of No. 31/2001 s. 35(4).

36 Customer dispute resolution

S. 36(1) amended by No. 62/2001 s. 77(c)(ii).

(1) A licence to—

(a) provide services by means of a distribution pipeline; or

(b) sell gas by retail—

must be issued subject to a condition requiring the licensee to enter into a customer dispute resolution scheme approved by the Commission.

S. 36(2) amended by No. 62/2001 s. 77(c)(ii).

(2) In approving a customer dispute resolution scheme, the Commission must have regard to—

S. 36(2)(a) amended by No. 62/2001 s. 77(c)(ii), substituted by No. 62/2001 s. 79(2).

(a) the objectives of the Commission under this Act and under the Essential Services Commission Act 2001; and

(b) the need to ensure that the scheme is accessible to the licensee's customers and that there are no cost barriers to those customers using the scheme; and

(c) the need to ensure that the scheme is independent of the members of the scheme; and

(d) the need for the scheme to be fair and be seen to be fair; and

(e) the need to ensure that the scheme will publish decisions and information about complaints received by the scheme so as to be accountable to the members of the scheme and the customers of the scheme members; and

(f) the need for the scheme to undertake regular reviews of its performance to ensure that its operation is efficient and effective.

S. 36(3) amended by No. 62/2001 s. 77(c)(i).

(3) The Commission may, in accordance with this Part, vary any existing licence to—

(a) provide services by means of a distribution pipeline; or

(b) sell gas by retail—

to include a condition of a kind referred to in subsection (1).

S. 36(4) amended by No. 62/2001 s. 77(c)(i).

(4) The Commission may in its discretion exempt a licence to sell gas by retail held by a significant producer from the requirements of subsection (1).

S. 37 amended by No. 62/2001 ss 77(c)(i)(ii), 79(1), repealed by No. 25/2004 s. 15.

38 Variation or revocation of licence

S. 38(1) amended by No. 37/2020 s. 14(1)(a).

(1) A licence or the Commission licence conditions may be varied—

S. 38(1)(a) amended by No. 37/2020 s. 14(1)(b).

(a) in accordance with the procedures specified in the Commission licence conditions; or

S. 38(1)(b) amended by No. 62/2001 s. 77(c)(ii).

(b) by agreement between the Commission and the licensee; or

(c) by a notice in accordance with subsection (2) served on the licensee.

S. 38(2) amended by Nos 62/2001 s. 77(c)(i), 37/2020 s. 14(2).

(2) The Commission must not vary a licence or the Commission licence conditions by a notice unless—

S. 38(2)(a) amended by No. 62/2001 s. 77(c)(ii).

(a) the Commission is satisfied that the variation is necessary—

S. 38(2)(a)(i) amended by No. 62/2001 s. 79(1).

(i) having regard to the objectives of the Commission under this Act and under the Essential Services Commission Act 2001; or

(ii) to give effect to Division 5; and

S. 38(2)(b) amended by No. 62/2001 s. 77(c)(ii).

(b) the Commission has given the licensee an opportunity to make representations on the matter.

S. 38(2A) inserted by No. 37/2020 s. 14(3).

(2A) The Commission may vary a licence or a Commission licence condition so that the licence or condition is not inconsistent with a deemed Ministerial licence condition to which the licence is subject.

S. 38(2B) inserted by No. 37/2020 s. 14(3).

(2B) Subsections (1) and (2) do not apply to a variation of a licence or Commission licence condition under subsection (2A).

S. 38(3) amended by Nos 62/2001 s. 77(c)(i), 37/2020 s. 14(4), 18/2024 s. 30.

(3) Subject to sections 38AA and 38AB and Division 6, the Commission may revoke a licence in accordance with the procedures specified in Commission licence conditions.

S. 38(4) inserted by No. 55/2010 s. 87.

(4) In deciding whether to revoke a licence the Commission must have regard to any direction of the Minister under section 207 that is in force.

S. 38(5) inserted by No. 55/2010 s. 87.

(5) Anything in the procedures specified in the licence's conditions for the revocation of the licence that is inconsistent with subsection (4) is of no effect.

S. 38(6) inserted by No. 37/2020 s. 14(5).

Commission licence condition means a condition which has been decided by the Commission under section 28 as a condition to which a licence is subject.

S. 38AA inserted by No. 18/2024 s. 31.

38AA Commission to consult AER before revoking a retail licence

(1) The Commission must consult the AER before the Commission revokes a retail licence.

(2) Consultation under subsection (1) must be in accordance with the regulations (if any).

(3) The revocation of a retail licence by the Commission is not invalidated by reason only of a failure to comply with this section.

S. 38AB inserted by No. 18/2024 s. 31.

38AB Commission to notify AER and AEMO of revocation of retail licence

(1) If the Commission revokes a retail licence, the Commission must notify the AER and AEMO of that revocation within the prescribed period (if any).

(2) The revocation of a retail licence by the Commission is not invalidated by reason only of a failure to comply with subsection (1).

S. 38A inserted by No. 49/2015 s. 21.

38A Variation to licence conditions—contravention of licence or Code of Practice

(1) The Commission, by written notice served on the licensee, may vary a licence or licence condition without the consent of the licensee if the licensee has contravened or is contravening a condition of the licence or a provision of a Code of Practice.

(2) A licence or licence condition that is varied under subsection (1) must specify the action that the licensee is required to take—

(a) to rectify the contravention; and

(b) to prevent any future contravention of the licence condition or provision of the Code of Practice.

(3) The Commission must not vary a licence or the licence condition under this section unless the Commission has given the licensee an opportunity to make representations on the matter.

S. 39 amended by No. 62/2001 s. 77(c)(i).

39 Gazettal requirement

The Commission must ensure that—

(a) notice of the grant of a licence including—

(i) the name of the licensee;

(ii) the term of the licence;

(iii) the place where a copy of the licence may be inspected;

(b) notice of a variation or revocation under section 38—

is published in the Government Gazette as soon as possible after the grant of a licence or the variation or revocation, as the case requires.

40 Transfer of licence

S. 40(1) amended by No. 62/2001 s. 77(c)(ii).

(1) The holder of a licence may apply to the Commission for approval to transfer the licence.

S. 40(2) amended by Nos 62/2001 s. 77(c)(ii), 75/2004 s. 42(1).

(2) An application must be in a form approved by the Commission and accompanied by such documents as may be required by the Commission.

S. 40(3) amended by No. 62/2001 s. 77(c)(ii).

(3) An application must be accompanied by the application fee (if any) fixed by the Commission.

S. 40(4) amended by No. 62/2001 s. 77(c)(i).

(4) The Commission must publish in a daily newspaper generally circulating in Victoria a notice—

S. 40(4)(a) amended by No. 62/2001 s. 77(c)(ii).

(a) specifying that an application for the transfer of the licence has been lodged with the Commission for the transfer by the holder to a proposed transferee specified in the notice; and

S. 40(4)(b) amended by No. 62/2001 s. 77(c)(ii).

(b) inviting interested persons to make submissions to the Commission in respect of the application within the period and in the manner specified in the notice.

S. 40(5) amended by No. 62/2001 ss 77(c)(ii), 79(1).

(5) Subject to this section, the Commission may approve, or refuse to approve, the application for any reason it considers appropriate, having regard to the objectives of the Commission under this Act and under the Essential Services Commission Act 2001.

S. 40(6) amended by Nos 62/2001 s. 77(c)(i)(ii), 75/2004 s. 42(2)(3).

(6) The Commission may decide that, upon the transfer of the licence under this section, the conditions to which the licence is subject are varied as decided by the Commission.

S. 40(7) amended by No. 62/2001 s. 77(c)(ii), 75/2004 s. 42(2).

(7) Subject to this section and any requirements specified in regulations made for the purposes of this section under section 236, the Commission may decide the procedures that are to apply in respect of the transfer of a licence.

S. 40(8) amended by No. 62/2001 s. 77(c)(i).

(8) The Commission must notify an applicant in writing of its decision to approve or refuse to approve the application and, in the case of a decision to refuse to approve the application, of the reasons for its decision.

S. 40(9) amended by No. 62/2001 s. 77(c)(i).

(9) The Commission must ensure that notice of the approval for the transfer of a licence is published in the Government Gazette as soon as possible after the decision to approve the transfer is made.

S. 40A inserted by No. 37/2020 s. 15.

40A Ministerial licence conditions

(1) Despite anything to the contrary in this Division but subject to sections 40B to 40F, the Minister, by Order published in the Government Gazette, may do any one or more of the following—

(a) specify, as the Minister thinks fit, a condition to which a particular licence, or a specified class of licence, is to be subject;

(b) vary, as the Minister thinks fit, a condition specified under paragraph (a);

(c) revoke, as the Minister thinks fit, a condition specified under paragraph (a), including a condition that has been varied under paragraph (b).

(2) In making an Order under subsection (1), the Minister—

(a) must have regard to—

(i) any significant costs and benefits for an affected licensee or any other person that the Minister considers are likely to arise out of the making of the Order; and

(ii) any written representations made to the Minister by an affected licensee in accordance with a notice given to the affected licensee under section 40D; and

(b) may have regard to any other matter that the Minister considers relevant.

S. 40B inserted by No. 37/2020 s. 15.

40B Contents of Ministerial licence conditions

(1) Without limiting section 40A(1), a Ministerial licence condition may include provisions in relation to any matter for which a licence condition may include provisions under section 29 (except section 29(a), (o) and (p)) (the applied provisions).

(2) For the purposes of subsection (1), a reference in the applied provisions to the Commission is to be read as a reference to the Commission or the Minister.

(3) In addition, a Ministerial licence condition may—

(a) be of general or limited application;

(b) differ according to differences in time, place and circumstances;

(c) apply, adopt or incorporate wholly or partially or as amended by the Ministerial licence condition, the provisions of any document, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether—

(i) as formulated, issued, prescribed or published at the time the Ministerial licence condition takes effect or at any time before the Ministerial licence condition takes effect; or

(ii) as amended from time to time;

(d) confer powers and functions on, and leave any matter to be decided by, the Commission.

S. 40C inserted by No. 37/2020 s. 15.

40C Consultation with Ministers

Before making an Order under section 40A(1), the Minister must consult—

(a) the Premier; and

(b) the Treasurer; and

(c) the Minister administering the Essential Services Commission Act 2001, if the Minister is not the Premier or Treasurer.

S. 40D inserted by No. 37/2020 s. 15.

40D Consultation with affected licensees in certain cases

(1) Before making an Order pursuant to section 40A(1)(a) or (b), the Minister must give an affected licensee notice of the Minister's intention to make the Order.

(2) For the purposes of subsection (1), a notice under that subsection must, as the case requires—

(a) set out the condition which is proposed to be specified under the Order as the condition to which the licence held by the affected licensee is to be subject; or

(b) set out the variation proposed under the Order to the Ministerial licence condition to which the licence held by the affected licensee is subject.

(3) In addition, a notice under subsection (1) must state that the affected licensee may make written representations on the matter within—

(a) the period specified in the notice (which must not be less than 14 days after the affected licensee is given notice in accordance with this section); or

(b) any other period that the Minister and the affected licensee agree on.

(4) For the purposes of this section, notice is to be given to an affected licensee as follows—

(a) by notice published in the Government Gazette or in writing to the affected licensee, if the Minister is proposing to make an Order under section 40A(1) that—

(i) specifies a condition to which a specified class of licence is to be subject and the affected licensee is a holder of a licence of that class; or

(ii) varies a Ministerial licence condition to which a specified class of licence is subject and the affected licensee is a holder of a licence of that class;

(b) in writing to the affected licensee, if the Minister is proposing to make an Order under section 40A(1) that—

(i) specifies a condition to which only the licence held by the affected licensee is to be subject; or

(ii) varies a Ministerial licence condition to which only the licence held by the affected licensee is subject.

S. 40E inserted by No. 37/2020 s. 15.

40E Notification of the Commission

The Minister must give the Commission a copy of a notice under section 40D as soon as practicable after the notice is given to an affected licensee under that section.

S. 40F inserted by No. 37/2020 s. 15.

40F No consultation for proposed Order in certain cases

Sections 40C and 40D do not apply if the Order that the Minister proposes under section 40A(1) is an Order—

(a) to vary a Ministerial licence condition to correct a clerical mistake or an error arising from an accidental slip or omission; or

(b) to revoke a Ministerial licence condition.

S. 40G inserted by No.37/2020 s. 15.

40G Minister to notify Commission of making of Order under section 40A(1)

The Minister, as soon as practicable after making an Order under section 40A(1), must notify the Commission of the making of the Order.

S. 40H inserted by No. 37/2020 s. 15.

40H Licences are taken to be subject to Ministerial licence conditions

(1) A licence is taken to be subject to an applicable Ministerial licence condition on—

(a) the day on which the Order under which the applicable Ministerial licence condition is specified (the applicable Order) is published in the Government Gazette; or

(b) if the applicable Order specifies a day after the day on which the applicable Order is published in the Government Gazette as the day on which the licence is to be subject to the condition—that day.

(2) A licence is taken to be subject to an applicable Ministerial licence condition as varied under an Order under section 40A(1) on—

(a) the day on which the Order under which the applicable Ministerial licence condition is varied (the applicable Order) is published in the Government Gazette; or

(b) if the applicable Order specifies a day after the day on which the Order is published in the Government Gazette as the day on which the applicable Ministerial licence condition is varied—that day.

S. 40I inserted by No. 37/2020 s. 15.

40I Inconsistency between Ministerial licence conditions and Commission licence conditions

A condition decided by the Commission under section 28 as a condition to which a licence is subject, or a provision of an instrument made by the Commission that applies to a licensee under a condition to which the licensee's licence is subject, is of no effect to the extent that the condition or instrument is inconsistent with a deemed Ministerial licence condition.

Division 3—Appointment of administrator

41 Appointment of administrator

S. 41(1) amended by No. 62/2001 s. 77(c)(ii).

(1) This section applies if the Commission considers that—

(a) a contravention by a licensee of the licence conditions threatens the security of the gas supply; and

(b) any other remedies to enforce compliance are not adequate.

S. 41(2) amended by No. 62/2001 s. 77(c)(i).

(2) The Commission may appoint an administrator to the business in respect of which the licence is issued.

(3) The administrator has such functions and powers in relation to the business in respect of which the licence is issued as are specified in the appointment of the administrator.

S. 41(4) amended by No. 62/2001 s. 77(c)(ii).

(4) Unless sooner revoked by the Commission, the appointment of an administrator has effect for a period of 28 days but the appointment may be renewed for a further period or periods, each period not exceeding 28 days.

S. 41(5) amended by Nos 62/2001 s. 77(c)(ii), 75/2004 s. 43.

(5) The terms and conditions (including remuneration) of appointment of the administrator are to be decided by the Commission.

S. 41A inserted by No. 51/2012 s. 6.

41A Corporations Act displacement

This Division is declared to be a Corporations legislation displacement provision for the purposes of section 5G of the Corporations Act in relation to the provisions of Chapter 2D and Chapter 5 of that Act.

Section 5G of the Corporations Act provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency.

Division 4—Terms and conditions of sale and supply of gas

S. 42 (Heading) amended by No. 59/2008 s. 22(1).

42 Offer to domestic or small business customers (licensee standing offers)

S. 42(1) amended by No. 6/2019 s. 12(1).

(1) Without limiting the generality of section 28, the conditions to which a licence to sell gas by retail, being a licence under which gas may be sold to domestic or small business customers, is subject, include a condition requiring the licensee to offer to supply and sell gas to domestic or small business customers, subject to this section and to any Order in force under section 21 or a price determination in force under such an Order and to the conditions of its licence—

S. 42(1)(a) amended by No. 55/2007 s. 32, substituted by No. 28/2021 s. 28.

(a) at tariffs fixed under an Order in force under section 21 or determined under a price determination in force under such an Order or, if there are no such tariffs, at tariffs determined by the licensee and published by the licensee in the Government Gazette at least one month before they take effect; and

S. 42(1)(b) amended by Nos 62/2001 s. 77(c)(ii), 55/2007 s. 32.

(b) on terms and conditions determined by the licensee and approved by the Commission and published by the licensee in the Government Gazette at least one month before they take effect.

S. 42(2) amended by Nos 62/2001 s. 77(c)(ii), 75/2004 s. 44, substituted by No. 39/2005 s. 56(1), amended by No. 41/2021 s. 62.

(2) The terms and conditions determined by the licensee for the purposes of subsection (1) must not be inconsistent with the terms and conditions decided by the Commission under section 43(1) or a provision of a Code of Practice.

S. 42(3) amended by Nos 55/2007 s. 32, 59/2008 s. 22(2), 49/2015 s. 22(1), 6/2019 s. 12(2).

(3) Subject to subsections (3A) and (3E) to (3G) and to any Order in force under section 21 or a price determination in force under such an Order, the tariffs determined by a licensee and published in the Government Gazette under subsection (1) may be varied by notice published by the licensee in the Government Gazette not less than one month before the variation is to take effect.

S. 42(3A) inserted by No. 59/2008 s. 22(3), substituted by No. 6/2019 s. 12(3), amended by No. 18/2024 s. 39.

(3A) Subject to subsection (3AB), a licensee must not vary tariffs under subsection (3) to increase them if they have been in effect for less than—

(a) the period (not exceeding 12 months) determined by the Commission; or

(b) if no period is determined under paragraph (a)—6 months.

S. 42(3AB) inserted by No. 6/2019 s. 12(3).

(3AB) Subsection (3A) does not apply if—

(a) the variation is necessary to comply with an Order in force under section 21 or a price determination in force under such an Order; or

S. 42(3AB)(ab) inserted by No. 28/2020 s. 8(1).

(ab) the variation is necessary to comply with an Order in force under subsection (3AC); or

(b) the Commission, being satisfied that there are special circumstances, exempts the licensee from compliance with that subsection.

S. 42(3AC) inserted by No. 28/2020 s. 8(2).

(3AC) The Minister, by Order published in the Government Gazette, may, as a consequence of the enactment of Division 2 of Part 7 of the National Gas (Victoria) Act 2008 and any variations made to an applicable
2018–2022 access arrangement under that Division—

(a) direct a licensee to vary tariffs under subsection (3) as specified under the Order; and

(b) specify the period within which the tariffs must be varied.

S. 42(3AD) inserted by No. 28/2020 s. 8(2).

(3AD) Without limiting subsection (3AC)(a), a direction under an Order under subsection (3AC) may specify principles, a formula or methodology in accordance with which tariffs must be varied.

S. 42(3B) inserted by No. 49/2015 s. 22(2).

(3B) The Minister, by Order published in the Government Gazette, may specify either or both of the following—

(a) a date on which, or period within which, licensees may publish a notice referred to in subsection (3);

(b) a date on which, or period within which, tariffs varied in accordance with subsection (3) must take effect.

S. 42(3C) inserted by No. 49/2015 s. 22(2).

(3C) A date specified in an Order made in the exercise of the power under subsection (3B)(b) may be a date that is less than one month before tariffs varied in accordance with subsection (3) would otherwise take effect.

S. 42(3D) inserted by No. 49/2015 s. 22(2).

(3D) A period specified in an Order made in the exercise of the power under subsection (3B)(b) may end on a day that is less than one month before tariffs varied in accordance with subsection (3) would otherwise take effect.

S. 42(3E) inserted by No. 49/2015 s. 22(2).

(3E) If an Order made in the exercise of the power under subsection (3B)(a) is in effect, a licensee must not vary the tariffs under subsection (3) unless the notice referred to in subsection (3) is published on the date or within the period specified in the Order (as the case requires).

S. 42(3F) inserted by No. 49/2015 s. 22(2).

(3F) If an Order made in the exercise of the power under subsection (3B)(b) is in effect and the Order specifies a date on which tariffs varied in accordance with subsection (3) must take effect, the tariffs take effect on the date specified in the Order.

S. 42(3G) inserted by No. 49/2015 s. 22(2).

(3G) If an Order made in the exercise of the power under subsection (3B)(b) is in effect and the Order specifies a period within which tariffs varied in accordance with subsection (3) must take effect and the date specified in a notice under subsection (3) is within that period, the tariffs take effect on that date.

S. 42(4) amended by Nos 62/2001 s. 77(c)(ii), 59/2008 s. 22(4).

(4) The terms and conditions determined by a licensee and published in the Government Gazette under subsection (1) may, with the approval of the Commission, be varied by notice published by the licensee in the Government Gazette not less than one month before the variation is to take effect.

S. 42(4A) inserted by No. 91/2004 s. 18(1).

(4A) A person who is a domestic or small business customer may accept an offer by a licensee under this section even if the person was previously a party to a contract for the supply or sale of gas on different terms and conditions with the same licensee or another licensee.

(5) The Governor in Council may, by Order published in the Government Gazette, declare that a person or class of persons specified in the Order is, for the purposes of this section, a domestic or small business customer or class of domestic or small business customers.

(6) An Order under subsection (5) may specify a class of persons by reference to all or any of the following—

(f) any other specified factor relevant to the sale of gas.

S. 42(7) amended by Nos 62/2001 s. 77(c)(ii), 75/2004 s. 44.

(7) An Order under subsection (5) may confer powers and functions on, and leave any matter to be decided by, the Commission.

S. 42(7A) inserted by No. 30/2003 s. 87, substituted by Nos 106/2003 s. 26(1), 72/2010 s. 48(Sch. item 12(1)).

(7A) Section 81 of the Australian Consumer Law (Victoria) does not apply to the amendment of an agreement for the sale and supply of gas that is the result of a variation under subsection (3) or (4) if the agreement is an unsolicited consumer agreement.

S. 42(7B) inserted by No. 106/2003 s. 26(1), amended by No. 72/2010 s. 48(Sch. item 12(3)).

(7B) Sections 78(2), 83, 84 and 85 of the Australian Consumer Law (Victoria) do not apply to a contract for the supply or sale of gas to a domestic or small business customer.

S. 42(7C) inserted by No. 106/2003 s. 26(1), amended by No. 72/2010 s. 48(Sch. item 12(4)).

(7C) Section 82 of the Australian Consumer Law (Victoria) does not apply to a contract for the supply or sale of gas to a domestic or small business customer unless the terms and conditions determined for the purpose of subsection (1) (in compliance with subsection (2)) require the inclusion of a cooling-off period in that contract.

S. 42(7D) inserted by No. 106/2003 s. 26(1), amended by No. 72/2010 s. 48(Sch. item 12(5)).

(7D) If section 82(3)(b) of the Australian Consumer Law (Victoria) applies to a contract for the supply or sale of gas to a domestic or small business customer then, for the purposes of that subsection, the domestic or small business customer is deemed to have received the document evidencing the contract and the notice on the day on which the licensee is taken under that contract to have given the document and notice to the customer.

(8) In this section—

S. 42(8) def. of applicable 2018–2022 access arrangement inserted by No. 28/2020 s. 8(3).

applicable 2018–2022 access arrangement has the same meaning as in section 61(1) of the National Gas (Victoria) Act 2008;

S. 42(8) def. of cooling-off period inserted by No. 106/2003 s. 26(2), amended by Nos 59/2008 s. 22(5)(a), 72/2010 s. 48(Sch. item 12(2)(a)).

cooling-off period means a period within which a person is entitled under a contract to cancel the contract;

S. 42(8) def. of domestic or small business customer repealed by No. 59/2008 s. 22(5)(b).

S. 42(8) def. of price determination inserted by No. 6/2019 s. 12(4).

price determination means a determination under section 33 of the Essential Services Commission Act 2001;

S. 42(8) def. of unsolicited consumer agreement inserted by No. 72/2010 s. 48(Sch. item 12(2)(b)).

unsolicited consumer agreement has the same meaning as in section 69 of the Australian Consumer Law (Victoria).

S. 42(9) amended by Nos 40/2003 s. 4, 91/2004 s. 18(2), 55/2007 s. 17, repealed by No. 59/2008 s. 22(6).

S. 42A inserted by No. 59/2008 s. 23, amended by No. 28/2015 s. 5(a).

42A Licensee standing offer tariffs to be given to Commission

Without limiting the generality of section 28, the conditions to which a licence to sell gas by retail, being a licence under which gas may be sold to domestic or small business customers, is subject, include a condition requiring the licensee—

S. 42A(a) substituted by No. 28/2015 s. 5(b).

(a) to, as soon as practicable after the licensee publishes tariffs in accordance with section 42, input those tariffs into an Internet site nominated by the Minister so that the tariffs are able to be published on the Internet; and

S. 42A(b) substituted by No. 28/2015 s. 5(b).

(b) if an Internet site has not been nominated by the Minister for the purposes of paragraph (a), to, on the same day the licensee publishes tariffs in accordance with section 42—

(i) give a copy of those tariffs to the Commission; and

(ii) inform the Commission, in writing, of the day those tariffs take effect.

S. 42B inserted by No. 59/2008 s. 23, substituted by No. 28/2015 s. 6.

42B  Commission must publish on Internet licensee standing offer tariffs

The Commission must publish on its Internet site tariffs it is given under section 42A(b) on the day those tariffs take effect.

S. 42C inserted by No. 59/2008 s. 23.

42C Internet publication and bill notification of licensee standing offers

(1) Without limiting the generality of section 28, the conditions to which a licence to sell gas by retail, being a licence under which gas may be sold to domestic or small business customers, is subject, include a condition requiring the licensee to—

(a) publish, in accordance with guidelines issued under subsection (2), on the licensee's Internet site details of licensee standing offers that are in effect; and

S. 42C(1)(b) amended by No. 57/2009 s. 17.

(b) notify, in writing, a domestic or small business customer of the licensee standing offer that is in effect and that applies to gas sold to that customer at any time before or in or with the customer's first gas bill after that licensee standing offer has taken effect.

(2) The Commission must prepare and issue guidelines for the purposes of this section specifying—

(a) the manner of publication of details of licensee standing offers that are in effect, including the accessibility of those licensee standing offers on a licensee's Internet site; and

(b) the nature of the details to be published; and

(c) any other matters that the Commission considers relevant.

S. 42D (Heading) amended by No. 49/2015 s. 23(1).

S. 42D inserted by No. 59/2008 s. 23.

42D Required tariff information and licensee contact information to be published in newspaper and Government Gazette

S. 42D(1) amended by No. 49/2015 s. 23(2).

(1) Without limiting the generality of section 28, the conditions to which a licence to sell gas by retail, being a licence under which gas may be sold to domestic or small business customers, is subject, include a condition requiring the licensee to, on the required day, publish in a newspaper circulating generally throughout Victoria and in the Government Gazette—

(a) required tariff information; and

(b) the licensee's contact information.

licensee's contact information means all of the following information—

(a) the licensee's telephone number;

(b) the licensee's fax number;

(c) the licensee's postal address;

(d) the Internet address of the licensee's Internet site;

required day means the day the licensee varies a tariff or tariffs for the supply and sale of gas by notice published in the Government Gazette in accordance with section 42(3);

required tariff variation information means—

(a) tariff variation information; and

(b) the date a tariff or tariffs varied in accordance with section 42(3) takes or take effect; and

(c) a description of the tariff or tariffs referred to in paragraph (b); and

(d) the main reasons for the variation of a tariff or tariffs referred to in paragraph (b);

S. 42D(2)
def. of
tariff variation information amended by No. 28/2021 s. 29.

tariff variation information means—

(a) in the case of a single tariff for the supply and sale of gas determined by a licensee under section 42(1)(a) that is varied in accordance with section 42(3), the weighted tariff variation relating to that tariff determined in accordance with an Order under section 42E;

(b) in the case where more than one tariff for the supply and sale of gas determined by a licensee under section 42(1)(a) is varied in accordance with section 42(3) at the same time in accordance with section 42, the weighted tariff variation relating to those tariffs determined in accordance with an Order under section 42E.

S. 42E inserted by No. 59/2008 s. 23.

42E Order specifying method and variables to be used to determine weighted tariff variation

The Governor in Council, by Order published in the Government Gazette, may specify the method and variables to be used to determine the weighted tariff variation for the purposes of paragraphs (a) and (b) of the definition of tariff variation information in section 42D(2).

43 Terms and conditions of contracts for sale of gas to certain customers

S. 43(1) amended by No. 37/2020 s. 16(1).

(1) Subject to subsection (1B), a term or condition in a contract for the supply or sale of gas by a licensee to a relevant customer (whether entered into before, on or after 1 September 2001) is void to the extent that it is inconsistent with—

S. 43(1)(a) amended by Nos 62/2001 s. 77(c)(ii), 75/2004 s. 45.

(a) terms and conditions decided by the Commission that—

(i) specify the circumstances in which the supply of gas to premises may be disconnected; and

S. 43(1)(a)(ii) amended by No. 62/2001 s. 77(c)(ii).

(ii) require the licensee to provide information specified by the Commission about the rights and entitlements of customers; and

(iii) specify the circumstances in which the licensee requires access to premises of customers for the purpose of reading meters or otherwise; and

S. 43(1)(a)(iiia) inserted by No. 6/2019 s. 13.

(iiia) specify the circumstances in which the licensee may, or must not, offer or give a discount or other benefit to a relevant customer, including—

(A) the maximum amount or value of a discount or other benefit that may be offered or given to a relevant customer; and

(B) the periods when a discount or other benefit may be offered or given to a relevant customer; and

S. 43(1)(a)(iiib) inserted by No. 6/2019 s. 13.

(iiib) specify a period during which the licensee must not vary the tariffs applying under the contract unless exempted to do so by the Commission; and

(iv) make provision for confidentiality of customer information; and

S. 43(1)(b) amended by Nos 62/2001 s. 77(c)(ii), 75/2004 s. 45, 41/2021 s. 63(1)(a).

(b) any other terms and conditions decided by the Commission and provided for in the licence of the licensee; and

S. 43(1)(c) inserted by No. 41/2021 s. 63(1)(b).

(c) a provision of a Code of Practice.

S. 43(1A) inserted by No. 91/2004 s. 19(1).

(1A) In deciding terms and conditions that specify the circumstances in which the supply of gas to premises may be disconnected, the Commission must have regard to—

(a) the essential nature of the gas supply; and

(b) community expectations that ongoing access to gas supply will be available; and

(c) the principle that the gas supply to premises should only be disconnected as a last resort.

S. 43(1AB) inserted by No. 41/2021 s. 63(2).

(1AB) The Commission must not decide a term or condition under subsection (1)(a) or (b) that is inconsistent with—

(a) a deemed Ministerial licence condition to which the licence held by the licensee is subject; or

(b) a provision of a Code of Practice.

S. 43(1B) inserted by No. 37/2020 s. 16(2), substituted by No. 41/2021 s. 63(3).

(1B) A term or condition referred to in subsection (1)(a) or (b) is of no effect to the extent that it is inconsistent with—

(a) a deemed Ministerial licence condition to which the licence held by the licensee is subject; or

(b) a provision of a Code of Practice.

(2) If a term or condition of a contract is void pursuant to subsection (1) because of an inconsistency with a term or condition referred to in subsection (1)(a) or (b), that term or condition referred to in subsection (1)(a) or (b) is deemed to form part of that contract in place of the void term or condition.

(3) The Governor in Council may, by Order published in the Government Gazette, declare that a person or class of persons specified in the Order is, for the purposes of this section, a relevant customer or class of relevant customers.

(4) An Order under subsection (3) may specify a class of persons by reference to all or any of the following—

(f) any other specified factor relevant to the sale of gas.

S. 43(5) amended by Nos 62/2001 s. 77(c)(ii), 75/2004 s. 45.

(5) An Order under subsection (3) may confer powers and functions on, and leave any matter to be decided by, the Commission.

S. 43(5A) inserted by No. 106/2003 s. 26(3), amended by No. 72/2010 s. 48(Sch. item 12(6)).

(5A) Sections 78(2), 83, 84 and 85 of the Australian Consumer Law (Victoria) do not apply to a contract for the supply or sale of gas to a relevant customer.

S. 43(5B) inserted by No. 106/2003 s. 26(3), amended by Nos 75/2004 s. 45, 72/2010 s. 48(Sch. item 12(7)).

(5B) Section 82 of the Australian Consumer Law (Victoria) does not apply to a contract for the supply or sale of gas to a relevant customer unless the terms and conditions decided for the purpose of subsection (1) require the inclusion of a cooling-off period in that contract.

S. 43(5C) inserted by No. 106/2003 s. 26(3), amended by No. 72/2010 s. 48(Sch. item 12(8)).

(5C) If section 82(3)(b) of the Australian Consumer Law (Victoria) applies to a contract for the supply or sale of gas to a relevant customer then, for the purposes of that subsection, the relevant customer is deemed to have received the document evidencing the contract and the notice on the day on which the licensee is taken under that contract to have given the document and notice to the customer.

S. 43(6) def. of cooling-off period inserted by No. 106/2003 s. 26(4).

cooling-off period means a period within which a person is entitled under a contract to cancel the contract;

relevant customer means a person, or a member of a class of persons, to whom an Order under subsection (3) applies.

S. 43(7) amended by Nos 40/2003 s. 5, 91/2004 s. 19(2), 55/2007 s. 18, repealed by No. 59/2008 s. 24.

S. 43A (Heading) amended by No. 59/2008 s. 25(1).

S. 43A inserted by No. 91/2004 s. 20.

43A Publication of tariffs, terms and conditions of sale of gas (relevant published offers)

S. 43A(1) substituted by No. 59/2008 s. 25(2).

(1) Without limiting the generality of section 28, the conditions to which a licence to sell gas by retail issued to a specified gas retailer is subject include a condition requiring the specified gas retailer in specified circumstances—

(a) to publish on its Internet site, in accordance with this section, details of the tariffs and terms and conditions on which that retailer sells gas to small retail customers; and

S. 43A(1)(b) substituted by No. 28/2015 s. 7(1).

(b) to, as soon as practicable after details of the tariffs, terms and conditions are published in accordance with paragraph (a), input those details into an Internet site nominated by the Minister so that the tariffs are able to be published on the Internet; and

S. 43A(1)(c) inserted by No. 28/2015 s. 7(1).

(c) if an Internet site has not been nominated by the Minister for the purposes of paragraph (b), to, on the same day the retailer publishes the details of the tariffs, terms and conditions in accordance with paragraph (a), give a copy of those details to the Commission.

S. 43A(1A) inserted by No. 59/2008 s. 25(2), amended by No. 28/2015 s. 7(2).

(1A) The Commission must publish on its Internet site the details of the tariffs, terms and conditions it receives under subsection (1)(c) as soon as practicable after receiving those details.

(2) The Commission must prepare and issue guidelines for the purposes of this section specifying—

S. 43A(2)(a) amended by No. 59/2008 s. 25(3).

(a) the manner of publication of the tariffs and terms and conditions, including the accessibility of the details of those tariffs and terms and conditions on a specified gas retailer's Internet site; and

(b) the nature of the details to be published; and

(c) any other matters that the Commission considers relevant.

(3) A specified gas retailer must comply with the guidelines issued under subsection (2) when complying with the licence condition in subsection (1).

(4) This section does not apply to tariffs and terms and conditions published under section 42.

S. 43A(5) repealed by No. 59/2008 s. 25(4).

S. 43A(6) amended by No. 55/2007 s. 19, repealed by No. 59/2008 s. 25(4).

44 Deemed contracts with former franchise customers

S. 44(1) substituted by No. 91/2004 s. 21(1).

(1) If a person—

(a) was a franchise customer within the meaning of the Gas Industry Act 1994 immediately before 1 September 2001; and

(b) has not entered into a new contract with a licensee which takes effect on or after that date—

there is deemed to be a contract between that person and the licensee of which the person was a customer immediately before that date for the supply and sale of gas at the tariffs and on the terms and conditions determined and published by that licensee under section 42.

(2) The deemed contract continues until—

(a) the contract is terminated; or

(b) if the customer enters into a new contract for the purchase of gas from the licensee in respect of the same premises, the date of taking effect of that new contract—

whichever first occurs.

S. 44(3) amended by Nos 40/2003 s. 6, 91/2004 s. 21(2), 55/2007 s. 20, repealed by No. 59/2008 s. 26.

S. 45 amended by Nos 62/2001 s. 77(c)(ii), 75/2004 s. 46, repealed by No. 91/2004 s. 22.

S. 46 substituted by No. 85/2001 s. 12.

46 Deemed contracts for supply and sale for relevant customers

(1) If a relevant customer commences to take supply of gas at premises from the relevant licensee without having entered into a supply and sale contract with that licensee, there is deemed, on the commencement of that supply, to be a contract between that licensee and that person for the supply and sale of gas—

S. 46(1)(a) substituted by No. 91/2004 s. 23(1).

(a) at the tariffs and on the terms and conditions determined and published by that licensee under section 42; and

S. 46(1)(b) amended by No. 75/2004 s. 47(1).

(b) on the conditions decided and provided for by the Commission under subsection (5).

(2) If a relevant customer—

(a) commences to take supply of gas at premises under a supply and sale contract with the relevant licensee; and

(b) that customer cancels the supply and sale contract within the cooling-off period relating to the contract; and

(c) that customer continues to take gas from that licensee without entering into a further supply and sale contract with that licensee—

there is deemed, on the cancellation of the supply and sale contract, to be a contract between that licensee and that customer for the supply and sale of gas—

S. 46(2)(d) substituted by No. 91/2004 s. 23(2).

(d) at the tariffs and on the terms and conditions determined and published by that licensee under section 42; and

S. 46(2)(e) amended by No. 75/2004 s. 47(1).

(e) on the conditions decided and provided for by the Commission under subsection (5).

(3) A deemed contract under subsection (2) is deemed to commence on the commencement of supply referred to in subsection (2)(a).

S. 46(4) substituted by No. 72/2010 s. 48(Sch. item 12(9)).

(4) If a supply and sale contract referred to in subsection (2)(a) is an unsolicited consumer agreement, sections 84 and 85 of the Australian Consumer Law (Victoria) do not apply on the cancellation of that contract.

S. 46(5) amended by No. 75/2004 s. 47(2).

(5) Without limiting the generality of section 28, the Commission may decide, and provide for in the licence of a licensee, conditions setting out—

(a) circumstances in which a licensee must continue to supply or sell gas to a customer to whom the licensee supplies or sells gas under a deemed contract under this section after that contract comes to an end in accordance with subsection (7)(d) or (e); and

(b) events on the happening of which a deemed contract under this section may come to an end.

(6) A condition referred to in subsection (5)(a) must provide for the tariff or tariffs and the terms and conditions for the continued supply or sale of gas to be determined by the licensee.

S. 46(6A) inserted by No. 91/2004 s. 23(3).

(6A) A person who is a relevant customer may be a party to a deemed contract under this section even if the person has previously been a party to a contract for the supply or sale of gas to different premises on different terms and conditions with the same licensee or another licensee.

(7) A deemed contract under this section comes to an end—

(a) if the contract is terminated; or

(b) if the customer enters into a new contract for the purchase of gas from the licensee in respect of the same premises, on the date of taking effect of that new contract; or

(c) if the customer transfers to become the customer of another licensee; or

(d) at the end of 120 days after the day on which the deemed contract commences; or

S. 46(7)(da) inserted by No. 28/2021 s. 21.

(da) if the supply of gas at the premises is disconnected in accordance with section 48DS; or

S. 46(7)(e) amended by No. 75/2004 s. 47(1).

(e) on the happening of an event decided and provided for by the Commission under subsection (5)(b)—

whichever occurs first.

(8) Subsection (1) does not apply where the relevant customer referred to in that subsection commences to take the supply of gas by fraudulent or illegal means.

(9) Subsection (2) does not apply where the relevant customer referred to in that subsection takes the supply of gas by fraudulent or illegal means after the cancellation of the supply and sale contract referred to in subsection (2)(a).

(10) In this section—

S. 46(10)
def. of cooling-off period amended by Nos 106/2003 s. 26(5), 72/2010 s. 48(Sch. item 12 (10)(a)).

cooling-off period means the period within which a relevant customer is entitled under a supply and sale contract or section 82 of the Australian Consumer Law (Victoria) to cancel the contract;

relevant customer has the same meaning as in section 43;

relevant licensee, in relation to premises, means the licensee last responsible for the supply and sale of gas to those premises;

S. 46(10) def. of
supply and sale contract amended by No. 72/2010 s. 48(Sch. item 12 (10)(b)), repealed by No. 28/2021 s. 18.

S. 46(10) def. of unsolicited consumer agreement inserted by No. 72/2010 s. 48(Sch. item 12 (10)(b)).

unsolicited consumer agreement has the same meaning as in section 69 of the Australian Consumer Law (Victoria).

S. 46(11) amended by Nos 40/2003 s. 7, 91/2004 s. 23(4), 55/2007 s. 21, repealed by No. 59/2008 s. 27.

S. 47 repealed by No. 85/2001 s. 12, new s. 47 inserted by No. 59/2008 s. 28.

47 Commission must report to Minister on gas supply offers

(1) The Commission must by the end of every calendar year, and at other times the Minister directs in writing, prepare and give to the Minister a report that, for the reporting period, compares and assesses—

(a) licensee standing offers, deemed standing offers in effect during the reporting period, and relevant published offers and other offers to supply and sell gas by retail that were available during the reporting period;

(b) variations to licensee standing offers, deemed standing offers, relevant published offers and other offers to supply and sell gas by retail during the reporting period.

(2) A report under subsection (1)—

(a) may include information about any trends in relation to variations to licensee standing offers, deemed standing offers, relevant published offers and other offers to supply and sell gas by retail over a period; and

(b) must also include any other information that the Minister, in writing, requires to be included.

(3) A period referred to in subsection (2)(a) may be greater than the reporting period.

(4) The Commission must publish a report under subsection (1) on its Internet site as soon as practicable after giving it to the Minister.

(5) In this section—

deemed standing offer means the tariffs and terms and conditions constituting a deemed contract for the supply and sale of gas under section 44 or section 46;

reporting period means the financial year ending in the calendar year in which the Commission must give its report to the Minister.

48 Deemed distribution contracts

(1) A gas distribution company may from time to time, subject to the conditions of its licence, give notice of terms and conditions applying in respect of the distribution or supply of gas by the gas distribution company to retail customers or a class of retail customers.

S. 48(2) amended by No. 62/2001 s. 77(c)(ii).

(2) The terms and conditions must be approved by the Commission before a notice is given under subsection (1).

S. 48(3) amended by No. 62/2001 s. 77(f)(i)(ii), substituted by No. 37/2020 s. 17(1), amended by No. 41/2021 s. 64(1).

(3) Subject to subsection (3A), unless the Commission approves otherwise in a particular case, the terms and conditions must not be inconsistent with the applicable Code of Practice.

S. 48(3A) inserted by No. 37/2020 s. 17(1), amended by No. 41/2021 s. 64(2).

(3A) If the applicable Code of Practice is inconsistent with a deemed Ministerial licence condition to which the licence held by the distribution company is subject, that Code of Practice is of no effect to the extent of the inconsistency, and unless the Commission approves otherwise in a particular case, the terms and conditions must not be inconsistent with that deemed Ministerial licence condition.

S. 48(4) amended by No. 30/2008 s. 41(4).

(4) The terms and conditions must not be inconsistent with any access arrangement applicable to the gas distribution company and approved under the National Gas (Victoria) Law.

(5) The approved terms and conditions of which notice is given under this section—

(a) take effect on the day on which they are published in the Government Gazette; and

(b) are binding on the gas distribution company and the retail customers to which they are expressed to apply.

(6) A gas distribution company and a retail customer are deemed to have entered into a contract on the terms and conditions published under subsection (5) on a date determined in accordance with those terms and conditions.

(7) A gas distribution company may from time to time vary any terms and conditions of which notice is given under this section.

(8) This section applies to a variation under subsection (6) in the same manner as it applies to the making, approval and notification of the terms and conditions.

(9) A gas distribution company, subject to the conditions of its licence, and a retail customer may by agreement in writing vary any of the terms and conditions of a deemed contract under subsection (6).

(10) A deemed contract under subsection (6) may be terminated in accordance with its terms and conditions.

(11) Nothing in this section affects any contract existing immediately before the commencement of this section between a gas distribution company and a retail customer.

S. 48(12) substituted by No. 37/2020 s. 17(2).

(12) In this section—

S. 48(12) def. of applicable Code of Practice inserted by No. 41/2021 s. 64(3)(a).

applicable Code of Practice means—

(a) the document entitled "Gas Distribution System Code" that is taken under section 76(1) of the Essential Services Commission Act 2001, to be a Code of Practice made under section 47(1) of that Act; or

(b) if the Code of Practice referred to in paragraph (a) is revoked, another Code of Practice that applies for the purposes of subsections (3) and (3A);

S. 48(12) def. of Gas Distribution System Code repealed by No. 41/2021 s. 64(3)(b).

retail customer, in relation to a gas distribution company, means a customer of a retailer to which the gas distribution company distributes or supplies gas.

S. 48A inserted by No. 91/2004 s. 24.

48A Compensation for wrongful disconnection

S. 48A(1) amended by No. 28/2021 s. 22(1)(a)(b).

(1) Without limiting the generality of section 28, the conditions to which a licence to sell gas by retail is subject include a condition requiring the gas retailer to make a payment of a prescribed amount to a relevant customer in accordance with this section if the gas retailer arranges for the supply of gas at the premises of that customer to be disconnected and—

S. 48A(1)(a) substituted by No. 28/2021 s. 22(1)(c).

(a) the gas retailer does so otherwise than in accordance with Subdivision 3 of Division 4AA; or

S. 48A(1)(b) substituted by No. 28/2021 s. 22(1)(c).

(b) the gas retailer fails to comply with the terms and conditions of the supply and sale contract specifying the circumstances in which the supply of gas at those premises may be disconnected.

S. 48A(1A) inserted by No. 59/2011 s. 41(1), amended by No. 28/2021 s. 22(2).

(1A) Despite subsection (1), if the relevant customer does not notify the gas retailer of the disconnection within 14 days after the disconnection, the maximum payment under a condition under subsection (1) is the prescribed capped amount.

(2) A payment under subsection (1) may be made directly to the customer or by way of rebate on the customer's gas bill.

S. 48A(3) substituted by No. 28/2021 s. 22(3).

(3) A payment under a condition under subsection (1) must be made as soon as practicable after—

(a) the reconnection of the supply of gas at the premises of the relevant customer is arranged by a gas retailer under this Act; or

(b) a relevant event occurs.

(4) Nothing in this section affects any other right any person or body may have to take action against a licensee in relation to a disconnection of a supply of gas.

(5) In this section—

S. 48A(5) def. of prescribed amount amended by No. 49/2015 s. 24, substituted by No. 28/2021 s. 22(4)(a).

prescribed amount means—

(a) the amount prescribed by the regulations for the purposes of this section; or

(b) if no amount is prescribed by the regulations—

(i) if a relevant event occurs—$500 for each whole day that the supply of gas is disconnected and a pro rata amount for any part of a day that the supply of gas is disconnected, ending on the occurrence of the relevant event; or

(ii) in any other case—$500 for each whole day that the supply of gas is disconnected and a pro rata amount for any part of a day that the supply of gas is disconnected;

S. 48A(5) def. of prescribed capped amount inserted by No. 59/2011 s. 41(2).

prescribed capped amount means—

(a) the amount prescribed by the regulations for the purposes of subsection (1A); or

(b) if no amount is prescribed, $3,500.00;

S. 48A(5) def. of relevant customer amended by No. 28/2021 s. 22(4)(b).

relevant customer has the same meaning as in section 43;

S. 48A(5) def. of relevant event inserted by No. 28/2021 s. 22(4)(c).

relevant event means—

(a) a relevant customer's refusal of an offer from a gas retailer to arrange for the reconnection of the supply of gas at the relevant customer's premises; or

(b) an event the result of which means it is not reasonably practicable for the gas retailer to arrange for the reconnection of the supply of gas at the relevant customer's premises; or

(c) a prescribed event.

S. 48A(6) inserted by No. 28/2021 s. 22(5).

(6) For the purposes of the definition of relevant event in subsection (5), an offer from a gas retailer must not include any condition or requirement for reconnection other than any condition or requirement permitted under the supply and sale contract or any Act or law.

S. 48B inserted by No. 91/2004 s. 24.

48B Prohibition on fees for late payment

(1) A term or condition in a contract for the supply or sale of gas by retail by a licensee to a small retail customer (whether entered into before or after the commencement of this section) is void to the extent that it permits the licensee to charge the customer a fee or charge for late payment of a gas bill.

(2) Nothing in this section prevents a licensee from offering an incentive or rebate to a small retail customer for paying a gas bill on or before the due date for payment.

(3) This section applies despite anything to the contrary in any terms and conditions that form part or are deemed by this Act to form part of the contract between a licensee and a small business customer.

S. 48C inserted by No. 91/2004 s. 24.

48C Regulation of exit fees

S. 48C(1AA) inserted by No. 49/2015 s. 25(1).

(1AA) Without limiting the generality of sections 28(2) or (3) or 29, the conditions to which a licence to sell gas by retail is subject include a condition prohibiting, on and after the commencement of section 25 of the Energy Legislation Amendment (Consumer Protection) Act 2015, the licensee from entering into a contract for the supply or sale of gas by retail between the licensee and a small retail customer that imposes an exit fee on the termination of the contract unless—

(a) the contract is a fixed-term retail contract; and

(b) the following will not change during the term of the contract—

(i) any tariffs, charges and fees for gas supplied under that contract;

(ii) any discount which applies to tariffs, charges and fees for gas supplied under that contract;

(iii) any terms and conditions that apply to gas supplied under that contract.

S. 48C(1) amended by No. 49/2015 s. 25(2).

(1) The Governor in Council may by Order published in the Government Gazette regulate the imposition by a licensee under a fixed-term retail contract of an exit fee that is not otherwise prohibited under subsection (1AA) on the termination of that contract.

(2) An Order under subsection (1) may specify terms and conditions applying to the imposition of exit fees.

S. 48C(3) substituted by No. 49/2015 s. 25(3).

(3) An Order under subsection (1) may also provide that a fixed-term retail contract is to include a condition providing that the small retail customer may terminate the contract by giving the required period of notice to the licensee.

S. 48C(4) amended by No. 49/2015 s. 25(4).

(4) If an Order under subsection (1) requires the inclusion of a condition referred to in subsection (3) in a fixed-term retail contract, that condition is deemed to form part of that contract.

(5) Nothing in this section or an Order under this section prevents a licensee from offering an incentive or rebate to a small retail customer to remain a customer of the licensee.

(6) An Order under subsection (1) has effect from the date specified in the Order.

S. 48C(7) repealed by No. 41/2021 s. 65.

(8) This section applies despite anything to the contrary in any terms and conditions that form part or are deemed by this Act to form part of the contract between a licensee and a small retail customer.

(9) In this section—

exit fee means a fee or charge payable on the termination of a contract but does not include any fee or charge for gas supplied under the contract;

S. 48C(9) def. of fixed-term retail contract inserted by No. 49/2015 s. 25(5).

fixed-term retail contract means a contract for the supply or sale of gas by retail between a licensee and a small retail customer that contains a term or condition that specifies—

(a) the date on which the contract will end; or

(b) a method for calculating the date on which the contract will end and which is ascertainable at the time the contract is entered;

required period means the longer of—

(a) the period of notice agreed between the licensee and the small retail customer; and

(b) the period of notice in an Order under subsection (1).

S. 48D inserted by No. 91/2004 s. 24.