VICIn ForceAct
Gas Industry Act 2001
Subdiv 6Miscellaneous 121
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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