27Grant of licence for exclusive franchise

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.