3Definitions

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 of *Access Code* repealed by No. 30/2008 s. 41(1).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 of *AER* inserted by No. 55/2007 s. 23, repealed by No. 23/2009 s. 21(c), new def.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 of *appeal tribunal* repealed by No. 29/2006 s. 3(Sch. 1 item 13.1).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.