VICIn ForceAct
Gas Industry Act 2001
26Grant or refusal of application
Start here
Get a plain-English read of 26
Turn the raw legal text into a practical explanation grounded in Gas Industry Act 2001.
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.