94Unlawful taking or diversion of gas

94 Unlawful taking or diversion of gas

(1)  A person must not, without proper authority –

(a) take or divert gas from gas infrastructure; or

(b) interfere with a meter or other device for measuring the consumption of gas supplied by a licensee.

Penalty:  Fine not exceeding 100 penalty units.

(2)  A person must not construct or operate gas infrastructure that extends beyond the boundaries of property occupied by the person, if the infrastructure conveys gas or the infrastructure's main purpose is to convey gas.

Penalty:  Fine not exceeding 100 penalty units.

(3)  It is a defence in proceedings for an offence under subsection (2) if the defendant establishes that –

(a) the defendant is a gas infrastructure licensee; or

(b) the construction or operation of the gas infrastructure that extends beyond the boundaries of property occupied by the defendant is authorised under the regulations.

(4)  If, in proceedings for an offence under this section, it is proved that a device has been installed, or any other act done, without proper authority, the apparent purpose of which is –

(a) to abstract or divert gas to any particular land or place; or

(b) to affect the proper measurement of gas supplied to any particular land or place –

it will be presumed, in the absence of proof to the contrary, that the occupier of the land or place installed the device or did the other act with that purpose.

(5)  If a licensee suffers loss or damage as a result of a contravention of this section, the licensee may recover compensation for the loss or damage from a person guilty of the contravention –

(a) on application to a court that convicts the person of an offence against this section; or

(b) by action in a court of competent jurisdiction.