207Powers of Minister

207 Powers of Minister (1) While a proclamation is in force, the Minister may, having regard to the needs of the community, give any directions that the Minister thinks necessary to— (a) ensure the safe and sure supply of gas; or (b) to regulate the use of the available supply of gas. (2) Without limiting subsection (1), the Minister may by notice in writing do all or any of the following— (a) give any directions that are necessary to control, direct, authorise conduct in relation to, restrict or prohibit the extraction, production, supply, distribution, sale, use or consumption of gas; (b) direct a person or body who extracts, produces, transmits or distributes gas to extract it for, or produce it, transmit it or distribute it to a person specified in the direction; (c) direct a person or body to comply with any terms and conditions relating to the extraction, production, supply, distribution, sale, use or consumption of gas the Minister determines; (d) direct a person or body to whom gas is provided, or transmitted, to accept the gas so provided or transmitted; (e) direct a person or body to carry out any work required to ensure the extraction, production, supply, distribution or flow of gas; (f) direct what services must be maintained and upon what terms and conditions they must operate; (g) direct persons and bodies to operate and maintain services to the extent and upon the terms specified in the direction; (h) direct at what times and places and upon what terms and conditions and in what manner services may be used; (i) prohibit the operation or use of services except, if so specified in the prohibition, with the consent of the Minister; (j) requisition the use of property of any kind which is used or may be used, for or in connection with the operation or maintenance of any service; (k) provide for or control, by direction, prohibition or requisition, the operation, use, disposal, distribution, storage, repair, upkeep and maintenance of any property or commodity used or which may be used for, or in connection with, any service; (l) authorise a person specified in the notice to enter any land, building or structure used for or in connection with the provision of services; (m) provide, by direction, prohibition or requisition, for any matter or thing incidental to the carrying into effect of the powers referred to in this section. (3) A direction, prohibition or requisition— (a) may be made so as to apply to or have operation throughout the whole or any part of Victoria; and (b) may operate generally, or may be limited in its operation according to specified times, places, circumstances, conditions or restrictions; and (c) may, if so specified in the direction, prohibition or requisition, allow the Minister to exempt a person or body from having to comply with the direction, prohibition or requisition; and (d) may be addressed or directed to people and bodies generally or particularly; and (e) subject to subsection (7), takes effect when made or, if a later time is specified in the direction, prohibition or requisition, at that later time; and (f) has effect as if enacted in this Act. (4) A direction (including a direction under subsection (6)), prohibition or requisition must be published in the Government Gazette as soon as possible after it is made. (5) Notice of a requisition relating to a class of property must be published in the Government Gazette as soon as possible after it is made. (6) The Minister may at any time by direction under this section amend or revoke a direction, prohibition or requisition made, or purportedly made, under this section or may return requisitioned property. (7) If a direction of the Minister under subsection (6) amending an earlier direction for the purpose of correcting a defect, mistake or omission— (a) includes a statement that the earlier direction is deemed to have been made as so amended; and (b) is made not later than 3 months after the earlier direction was made— the earlier direction is deemed to have been made as so amended. (8) If the Minister requisitions the use of property under subsection (2)(j), the reasonable costs of compensating the owner of that property for the requisition and making good any damage resulting from the requisition must be determined by the Minister. S. 207(9) amended by No. 50/2011 s. 46(Sch. item 8). (9) If there is a dispute as to the Minister's determination, the Minister must refer the matter for arbitration by a sole arbitrator under the **Commercial Arbitration Act 2011**. (10) Requisitioned property that has not been disposed of must be returned as soon as it is safe to do so after the Governor in Council revokes a proclamation. (11) The amendment, expiry or revocation of a direction, prohibition or requisition does not affect— (a) the previous operation of the direction, prohibition or requisition; or (b) the validity of any action taken under the direction, prohibition or requisition; or (c) any penalty or punishment incurred in respect of— (i) any contravention of, or failure to comply with, the direction, prohibition or requisition before the amendment, expiry or revocation; or (ii) any proceeding or remedy in respect of such a penalty or punishment.