Gas Regulations 2012

Part 2—Administration 6—Functions and powers of Commission (1) Pursuant to section 6A of the Act, the Commission has (in addition to the Commission's functions and powers under the Act and the Essential Services Commission Act 2002) the following functions: (a) to determine, in accordance with a process specified by the Minister by notice in the Gazette, and at the expense of 1 or more of the entities, any matter in dispute between 2 or more gas entities that falls within a range of matters specified by the Minister by notice in the Gazette; (b) on or before 31 August in each year, to submit to the Minister and publish on its website a report prepared for the purposes of monitoring prices for the sale of gas available to a small customer under the National Energy Retail Law (South Australia) during the immediately preceding financial year containing the information required by the Minister under subregulation (2). (2) The Minister may require the following information for the year to which the report relates to be included in a report prepared under subregulation (1)(b): (a) comparisons of standing offer prices of NERL retailers generally available to classes of small customers in South Australia; (b) estimates relating to the annual cost to a small customer of gas supplied to the customer (based on a reasonable estimate of the average annual level of consumption of gas by a small customer in South Australia) under each standard retail contract of NERL retailers generally available to classes of small customers in South Australia; (c) details relating to the difference in annual cost to a small customer of gas supplied to the customer (based on a reasonable estimate of the average annual level of consumption of gas by a small customer in South Australia) under market offer prices of NERL retailers generally available to classes of small customers in South Australia compared to the cost to that customer under standing offer prices of NERL retailers generally available to classes of small customers in South Australia; (d) such other information as the Minister requires in writing to be included. (3) The Minister may require the information referred to in subregulation (2) to be presented in such manner and form as the Minister considers appropriate, including in the form of variations or trends over time. market offer prices, standard retail contract and standing offer prices have the same respective meanings as in the National Energy Retail Law. Part 3—Licensing of gas entities 7—Exemption from requirement to hold licence (1) A person who carries on the operation of a distribution system is not required to be licensed under the Act if the system consists only of an inset distribution system. (2) A person who carries on the operation of a distribution system is not required to be licensed under the Act if the system consists only of a prescribed transmission pipeline. (3) A person who carries on the retailing of gas is not required to be licensed under the Act if the sale of gas is only for the operation of an electricity generating plant by a person who holds or is required to hold a licence under the Electricity Act 1996 to carry on the operation of the plant. (4) Subject to these regulations, an exemption under this regulation is subject to the condition that the person comply with any requirement imposed by or under the Act, these regulations or a code made by the Commission under the Essential Services Commission Act 2002 as if the person were a gas entity authorised by a licence to carry on the operations to which the exemption relates. (5) The appropriate regulator may grant an exemption from subregulation (4), or from specified requirements referred to in that subregulation, on terms and conditions the appropriate regulator considers appropriate. (6) In subregulation (5)— appropriate regulator means— (a) in relation to Part 5 of the Act or Part 9 of these regulations or any safety requirement—the Technical Regulator; or (b) in any other case—the Commission. 8—Licence fees—transitional provision—licensed supplier of reticulated gas under repealed Act Pursuant to clause 2(2) of Schedule 1 of the Act, the following provisions apply with respect to the payment of licence fees and the initial licence period: (a) a person to whom a licence is issued under clause 2(1) of Schedule 1 authorising the retailing of gas must pay— (i) not later than the first day of the licence period, by way of annual licence fee, an amount equal to one‑quarter of the amount calculated or fixed under section 24(3)(a) of the Act; and (ii) thereafter, instalments of the annual licence fee as for a licence issued on 1 October 1997; (b) a person to whom a licence is issued under clause 2(1) of Schedule 1 authorising the operation of a distribution system must pay— (i) not later than the first day of the licence period, by way of annual licence fee, an amount equal to 1 quarter of the amount calculated or fixed under section 24(3)(b) of the Act; and (ii) thereafter, instalments of the annual licence fee as for a licence issued on 1 October 1997. 9—Licence fees and returns (1) For the purposes of section 24(2) of the Act, the licence fee, or the first instalment of the licence fee (as the case may require), must— (a) in the case of a licence referred to in regulation 8 (after the initial payments under that regulation), be paid before 1 October in each year; or (b) in any other case, be paid before the anniversary in each year of the day on which the licence was issued. (2) For the purposes of section 24(2) of the Act, an annual return must be lodged before 31 August in each year. (3) For the purposes of section 24(7) of the Act, the penalty for default— (a) for failing to pay a licence fee, or an instalment of a licence fee, is 10% per annum of the outstanding amount calculated daily on a cumulative basis; (b) for failing to lodge an annual return is $500. (4) For the purposes of paragraph (d) of the definition of administrative costs in section 24(9) of the Act, the costs of administration of the Australian Energy Market Commission relating to the gas supply industry in South Australia in the financial year to which the licence relates is a prescribed cost. 10—Licence condition requiring retailers to match available gas to customers' estimated aggregate demand The Commission must make a licence authorising the retailing of gas subject to a condition requiring the gas entity to ensure that at all times the quantity of gas available to it for delivery to its customers from a distribution system is sufficient to meet reasonable forecasts of its customers' aggregate demand for gas from the distribution system. 11—Ombudsman scheme For the purposes of sections 26(1)(d) and 26A(2)(i) of the Act, the electricity supply industry is prescribed. 12—Licence condition requiring pricing information for small customers For the purposes of section 26A(2)(d) of the Act, 1 January 2005 is the prescribed date. 13—Prescribed information in small customer accounts for purposes of section 26A(2)(da) of Act For the purposes of section 26A(2)(da) of the Act, the following provisions apply: (a) the gas entity must include in each account for gas charges sent to a small customer for gas supply through a particular metered delivery point the following information: (i) the customer's average daily consumption level, expressed in megajoules, of gas supplied through the delivery point for the period to which the account relates; (ii) the customer's average daily consumption level, expressed in megajoules, of gas supplied through the delivery point for each period during the preceding 12 months in respect of which the customer was sent by the entity an account for gas supply through the delivery point; (iii) the average daily cost to the customer of gas supplied to the customer through the delivery point during the period to which the account relates; (b) the gas entity must also include in each account for gas charges sent to a small customer the following statement: For more information about energy efficiency, visit www.escosa.sa.gov.au or call ........................ [telephone number as specified by the Commission by written notice to the entity]. 14—Ombudsman scheme and retailing—annual gas consumption level For the purposes of section 26A(2)(i) of the Act, an annual gas consumption level of 10 terajoules is prescribed. 15—Content of register of licences For the purposes of section 32(2) of the Act, the register of licences must include (in addition to the terms and conditions of each licence)— (a) details of each application for the issue, renewal or variation of a licence; and (b) on any such application being refused or withdrawn, a statement to that effect.

Part 4—Retailer Energy Productivity Scheme Division 1—Preliminary 16—Application (1) The following provisions apply in relation to the application of this Part to a regulated entity authorised to sell gas by retail (whether or not the entity is required to hold a licence under the Act): (a) this Part applies in a calendar year to a regulated entity if, as at 30 June in the preceding year, the regulated entity sold gas as a retailer to a number of residential customers within South Australia equal to or greater than the threshold set for the purposes of this paragraph; (b) without derogating from paragraph (a), this Part, other than regulation 19 or 21, applies in a calendar year to a regulated entity if, during the preceding financial year, the regulated entity purchased a quantity of gas, excluding designated gas purchases, equal to or greater than the threshold set for the purposes of this paragraph for retailing to customers within South Australia. (2) For the purposes of subregulation (1)(a) and (b), the Minister must, by notice in the Gazette, set the relevant thresholds for a 5 year period at the time of setting the annual energy productivity targets for the purposes of this Part. (3) This regulation applies subject to the operation of regulations 20(5) and 21(4). designated gas purchase means a purchase of gas of a kind determined by the Minister by notice in the Gazette; residential customer means a small customer— (a) who acquires gas primarily for domestic use; and (b) who satisfies other criteria (if any) determined by the Commission for the purposes of this definition. 17—Interpretation (1) In this Part, unless the contrary intention appears— energy credit, in relation to energy productivity activities, means the difference between the amount of normalised gigajoules actually achieved by a retailer in a year through the conduct or acquisition of energy productivity activities under this Part and the EPT that applies to the retailer for that year (if the difference is positive); energy productivity activity means an activity or measure determined by the Minister under regulation 22 to be an energy productivity activity for the purposes of this Part; EPT—see regulation 18; priority group household means residential premises in which a person of a class determined by the Minister for the purposes of these regulations resides; relevant electricity retailer means a regulated entity within the ambit of Part 4 of the Electricity (General) Regulations 2012; relevant gas retailer means a relevant gas retailer within the meaning of regulation 16(1); retailer means a relevant electricity retailer or a relevant gas retailer. (2) For the purposes of this Part, an energy productivity activity undertaken in accordance with this Part will be taken to have been undertaken on the day on which the activity is reported to the Commission under regulation 27. Division 2—Energy productivity activities 18—Energy productivity targets (1) The Minister must, by notice in the Gazette, set the annual energy productivity targets for the purposes of this Part, being the amount of normalised gigajoules required to be achieved by retailers through the carrying out of energy productivity activities in accordance with this Part and Part 4 of the Electricity (General) Regulations 2012. (2) The Minister must, for the purposes of subregulation (1), set annual energy productivity targets relating to each of the following 5 year periods: (a) 2021 to 2025 (inclusive); (b) 2026 to 2030 (inclusive). (3) The Commission must set an annual energy productivity target (EPT) for each retailer by apportioning the relevant annual target set by the Minister between retailers in accordance with any requirements of the Minister. 19—Primary and secondary subtargets (1) The Minister may, by notice in the Gazette, determine that a percentage or specified amount of an annual energy productivity target is to be achieved by any 1 or more of the following (a primary subtarget): (a) the provision of energy productivity activities to a class of customers specified in the notice; (b) the undertaking of a kind of energy productivity activity specified in the notice. (2) For the purposes of this Part, the Minister— (a) must determine a primary subtarget in relation to priority group households; and (b) may determine other primary subtargets. (3) A notice under this regulation may specify that a percentage or specified amount of a subtarget is to be achieved by any 1 or more of the following (a secondary subtarget): (a) the provision of energy productivity activities to a class of customers specified in the notice; (b) the undertaking of a kind of energy productivity activity specified in the notice. Example— The Minister determines (under subregulation (1)) that 50% of an annual energy productivity target must be achieved by retailers through the carrying out of energy productivity activities in households (the household primary subtarget). The Minister determines (under subregulation (3)) that 50% of the household primary subtarget must be achieved by retailers through the carrying out of "demand-response" energy productivity activities (specified by the Minister) (the demand-response secondary subtarget). (4) The Commission must, in accordance with any requirements of the Minister— (a) set primary subtargets for each retailer by apportioning each primary subtarget determined by the Minister in accordance with any requirements of the Minister; and (b) set secondary subtargets for each retailer by apportioning each secondary subtarget determined by the Minister (if any) in accordance with any requirements of the Minister. 20—Energy productivity activities (1) A retailer must, subject to subregulation (2), undertake energy productivity activities sufficient to achieve the EPT that applies to the retailer for that year (as adjusted to take into account any shortfall added under subregulation (3)). (2) A retailer will be taken not to have failed to achieve the EPT that applies to the retailer for a year if the retailer undertakes energy productivity activities in the year sufficient to achieve at least 90% of the EPT. (3) Despite subregulation (2), where a retailer fails to achieve its EPT in a year, the energy productivity shortfall must be added to an EPT that applies to the retailer in a subsequent year. (4) An energy productivity activity undertaken by a retailer for the purposes of achieving a primary subtarget or secondary subtarget under regulation 21 is taken to be included as an energy productivity activity undertaken by a retailer for the purpose of achieving its EPT under this regulation. (a) a retailer undertakes energy productivity activities in a year sufficient to achieve at least 90% of its EPT for that year but does not achieve its EPT; and (b) in the subsequent calendar year this Part no longer applies to the retailer as a result of the operation of regulation 16(1), the retailer must undertake energy productivity activities in the subsequent year to account for its energy productivity shortfall from the previous year. (6) If— (a) a retailer fails to achieve its EPT with respect to any year; and (b) the retailer— (i) pays a shortfall penalty in accordance with the requirements of section 91A of the Act with respect to that failure; or (ii) is subject to a penalty on account of a prosecution in respect of that failure, the energy productivity shortfall to which the shortfall penalty or prosecution relates will no longer apply to the retailer. (7) In this regulation— energy productivity shortfall means the difference between the EPT that applies to the retailer for a year and the amount of normalised gigajoules actually achieved (in accordance with this Part) by that retailer in that year through the conduct of energy productivity activities. 21—Energy productivity activities—subtargets (1) A retailer must, subject to subregulation (2), undertake energy productivity activities sufficient to achieve each primary subtarget and secondary subtarget applying to the retailer for a year (as adjusted to take into account any shortfall added under subregulation (3)). (2) A retailer will be taken not to have failed to achieve a primary subtarget or secondary subtarget applying to the retailer for a year if the retailer undertakes energy productivity activities in the year sufficient to achieve at least 90% of the primary subtarget or secondary subtarget (as the case requires). (3) Despite subregulation (2)— (a) if a retailer fails to achieve a primary subtarget in a year, the Commission must ensure that the energy productivity shortfall is added— (i) if an equivalent primary subtarget applies to the retailer in the subsequent year—to that primary subtarget; or (ii) in any other case—to the EPT that applies to the retailer in a subsequent year; and (b) if a retailer fails to achieve a secondary subtarget in a year, the Commission must ensure that the energy productivity shortfall is added— (i) if an equivalent secondary subtarget applies to the retailer in the subsequent year—to that secondary subtarget; or (ii) in any other case—to the EPT that applies to the retailer in a subsequent year. (4) If— (a) a retailer undertakes energy productivity activities in a year sufficient to achieve at least 90% of a primary subtarget or secondary subtarget for that year but does not achieve the primary subtarget or secondary subtarget (as the case requires); and (b) in the subsequent calendar year this Part no longer applies to the retailer as a result of the operation of regulation 16(1), the retailer must undertake energy productivity activities in the subsequent year to account for its energy productivity shortfall (for the relevant primary subtarget or secondary subtarget) from the previous year. (a) a retailer fails to achieve a primary subtarget or secondary subtarget that applies to the retailer for a year; and (b) the retailer— (i) pays a shortfall penalty in accordance with the requirements of section 91A of the Act with respect to that failure; or (ii) is subject to a penalty on account of a prosecution in respect of that failure, the energy productivity shortfall to which the shortfall penalty or prosecution relates will no longer apply to the retailer. (6) In this regulation— energy productivity shortfall means— (a) in the case of a failure by a retailer to achieve a primary subtarget applying to the retailer in a year—the difference between the primary subtarget and the amount of normalised gigajoules actually achieved by that retailer in that year by undertaking energy productivity activities to achieve that primary subtarget; or (b) in the case of a failure by a retailer to achieve a secondary subtarget applying to the retailer in a year—the difference between the secondary subtarget and the amount of normalised gigajoules actually achieved by that retailer in that year by undertaking energy productivity activities to achieve that secondary subtarget. 22—Determination of activities or measures that constitute energy productivity activities (1) The Minister may, by notice in the Gazette, on the Minister's own initiative or by application, determine 1 or more activities or measures that may be undertaken by retailers to be energy productivity activities for the purposes of this Part. (2) An application under subregulation (1) must be made in a manner and form determined by the Minister. (3) A determination may be of general application or limited (according to criteria determined by the Minister) in its application to a particular retailer or particular retailers. (4) A notice published under this regulation must set out relevant information relating to an activity or measure that constitutes an energy productivity activity, including— (a) a description of the activity or measure that constitutes the energy productivity activity; and (b) the minimum specification in accordance with which the activity or measure that constitutes the energy productivity activity must be performed; and (c) the amount of normalised gigajoules taken to be achieved, or the method of calculating such an amount, if the activity or measure that constitutes the energy productivity activity is undertaken; and (d) any other matter the Minister thinks fit. (5) The Minister may, by notice in the Gazette, vary or revoke a determination made under this regulation. Division 3—Other matters 23—Administration (1) The Commission has such functions and powers as are necessary or expedient to give effect to the retailer energy productivity scheme including the following functions: (a) to administer the scheme; (b) to ensure that retailers comply with the relevant requirements of this Part; (c) to report to the Minister— (i) at the end of each year as to the administration of the scheme and the progress of retailers in achieving the targets set by this Part; and (ii) from time to time on any other matter relating to this Part as required by the Minister; (d) to include the following information in its annual report under the Essential Services Commission Act 2002: (i) information relating to energy productivity activities and measures being undertaken under this Part, including the kind, number and average cost of such activities and measures; (ii) any other information required by the Minister or considered relevant by the Commission. (2) The Commission (in the case of a relevant gas retailer required to hold a licence under the Act)— (a) is required to impose a condition on the licence of the retailer under the Act that the retailer comply with the relevant provisions of this Part, pursuant to section 25(2) of the Act (so that a failure to comply with a relevant provision of this Part will constitute a contravention of a condition of the licence); and (b) is to vary conditions of the licence of the retailer under the Act to ensure that the retailer complies with the relevant provisions of this Part as required from time to time, pursuant to section 29(1) of the Act (so that a failure to comply with a relevant provision of this Part will constitute a contravention of a condition of the licence). 24—Notification and adjustment of targets (1) The Commission must, in relation to each calendar year in which the retailer energy productivity scheme is to apply, notify in writing each retailer of any annual— (a) EPT; and (b) primary subtarget; and (c) secondary subtarget, that applies to the retailer for that year. (2) The Commission may adjust a target that would otherwise apply to a retailer after taking into account any energy productivity shortfall under regulation 20 or 21 from a previous year that must be added to the target in accordance with regulation 20 or 21 (as the case requires). (3) The Commission may, in accordance with any requirements of the Minister, also adjust a target that would otherwise apply to a retailer in 2021 to reflect any amount to be added to the target under a notice published by the Minister under old regulation 29A (approving an alternative arrangement relating to the retailer). (4) If the customers of 1 retailer (in this regulation referred to as the first retailer) are transferred during a year to another retailer (in this regulation referred to as the acquiring retailer) by the sale, transmission or assignment of the whole or part of the business or undertaking of the first retailer, the Commission may adjust the targets of both the first retailer and the acquiring retailer for that year on a pro rata basis taking into account the date on which the customers were transferred. (a) this Part and Part 4 of the Electricity (General) Regulations 2012 did not apply to the acquiring retailer before the transfer of customers to the acquiring retailer as a result of the operation of regulation 16(1); and (b) as a result of the transfer of customers the acquiring retailer has at least the threshold number of customers set for the purposes of regulation 16(1)(a) or the threshold amount set for the purposes of regulation 16(1)(b), this Part and Part 4 of the Electricity (General) Regulations 2012 apply with immediate effect to the acquiring retailer and the Commission must— (c) in accordance with subregulation (1), notify the acquiring retailer of its targets under this Part; and (d) adjust the targets that apply to both the first retailer and the acquiring retailer for that year on a pro rata basis taking into account the date on which the transfer of customers occurred. (6) Subject to subregulation (7), if a retailer accrues an energy credit in a year and does not transfer the credit under regulation 25, the Commission must, on application by the relevant retailer, take the credit into account in determining whether the retailer has met a target that applies to the retailer in any subsequent year. (7) The Minister may, by notice in the Gazette, determine the maximum energy credit that a retailer may apply to have taken into account in determining whether the retailer has met a target that applies to the retailer in the subsequent year. (8) The Minister must publish a notice under subregulation (7) in the Gazette on or before 31 December in the year preceding the year in which the energy credit may be accrued. Example— The Minister publishes a notice in December 2021 determining the maximum energy credit that a retailer may apply in 2023 to have taken into account in determining whether the retailer has met a target applying to the retailer (in 2023). (9) In this regulation— old regulation 29A means regulation 29A of these regulations as in force immediately before 1 January 2021. 25—Retailers may enter into arrangements (1) If a retailer accrues an energy credit, the retailer may, at any time, transfer the credit to another retailer. (2) A retailer may enter into an arrangement with another person (including another retailer) for that person to undertake energy productivity activities on its behalf. (3) Despite any arrangement entered into under subregulation (2), a retailer remains liable for any offence or penalty arising from a failure to meet an EPT, primary subtarget or secondary subtarget that applies to the retailer under this Part. 26—Energy productivity activities acquisition scheme (1) The Minister may adopt a scheme providing for— (a) energy productivity activities to be performed by persons or bodies in accordance with the scheme; and (b) retailers to acquire energy productivity activities performed by such persons or bodies under the scheme in connection with achieving targets under this Part; and (c) procedural and other matters related to the operation of the scheme. (2) A scheme adopted under this regulation must be published by the Minister in the manner determined by the Minister. (3) A reference in this regulation to an energy productivity activity includes a reference to any activity or measure relating to energy productivity determined by the Minister for the purposes of this regulation (in addition to an activity or measure determined by the Minister under regulation 22). 27—Compliance and reporting (1) A retailer must, as required from time to time by the Commission, submit to the Commission a compliance plan for the purposes of this Part in accordance with a code published by the Commission under Part 4 of the Essential Services Commission Act 2002. (2) A retailer must, as required from time to time by the Commission, report on compliance with this Part in accordance with a code published by the Commission under Part 4 of the Essential Services Commission Act 2002. (3) A code published under this regulation must comply with any requirements of the Minister. 28—Energy productivity shortfalls (1) For the purposes of section 91A of the Act, a relevant gas retailer is a retailer who is subject to the application of this Part (including on account of regulation 20(5) or 21(4)). (2) For the purposes of section 91A(13)(a) of the Act, the requirements imposed under this Part on a retailer— (a) to undertake energy productivity activities under regulation 20 sufficient to achieve the relevant EPT; and (b) to undertake energy productivity activities under regulation 21 sufficient to achieve any relevant primary subtarget or secondary subtarget, constitute the activities relating to energy productivity in which a relevant gas retailer must engage, and for the purposes of that section the retailer must engage in those activities to the extent necessary to achieve compliance with regulation 20(2) or 21(2) (as the case requires). (3) For the purposes of section 91A(13)(b) of the Act, the extent of an energy productivity shortfall with respect to a particular year— (a) will be determined in relation to each of the activities referred to in subregulation (2)(a) and (b); and (b) will be as follows: (i) in relation to energy productivity activities under regulation 20—an amount equal to the energy productivity shortfall applying to the retailer for that year; (ii) in relation to energy productivity activities under regulation 21 relating to a primary subtarget or secondary subtarget—an amount equal to the energy productivity shortfall for the primary subtarget or secondary subtarget (as the case requires) applying to the retailer for that year. (4) For the purposes of section 91A(2)(a) of the Act, the prescribed base penalty is $10 000 for each category of shortfall identified under subregulation (3). (5) For the purposes of subsection (2)(b) of section 91A of the Act, the amount payable under that subsection will be— (a) in the case of an energy productivity shortfall under subregulation (3)(b)(i)—the amount constituting the energy productivity shortfall (expressed in normalised gigajoules) multiplied by $21.45; or (b) in the case of an energy productivity shortfall under subregulation (3)(b)(ii)—the amount constituting the energy productivity shortfall for the relevant primary subtarget or secondary subtarget (expressed in normalised gigajoules) multiplied by $21.45. 29—Review (1) The Minister must cause a review of the operation of this Part to be conducted and a report on the results of the review to be submitted to the Minister before 31 December 2029. (2) The review must consider whether the scheme should continue and any other matter the Minister considers should be considered in the review. (3) The Minister must, within 12 sitting days after receiving the report, cause copies of the report to be laid before both Houses of Parliament. 30—Expiry This Part will expire on 31 December 2030.

Part 5—Price regulation 32—Price regulation—prescribed class of customers For the purposes of section 33(1)(a) of the Act, each customer whose annual gas consumption level for a metered delivery point equals or exceeds 1 terajoule but is less than 10 terajoules is a customer of a prescribed class in relation to gas supply to the customer through the delivery point.

Part 6—Standard terms and conditions 33—Standard terms and conditions—prescribed class of customers For the purposes of section 34(1) of the Act— (a) each customer whose annual gas consumption level for a metered delivery point equals or exceeds 10 terajoules is a customer of a prescribed class in relation to gas supply to the customer through the delivery point; (b) each customer whose annual gas consumption level for a metered delivery point equals or exceeds 1 terajoule but is less than 10 terajoules is a customer of a prescribed class in relation to gas supply to the customer through the delivery point.

Part 7—Default contracts 34—Interpretation In this Part— default contract means a retail contract under which a gas entity to which section 34B of the Act applies sells gas at the entity's default contract price and subject to the entity's default contract terms and conditions; default contract price and default contract terms and conditions have the same respective meanings as in section 34B of the Act; excluded area means an area that is for the time being determined by the Minister to be an excluded area; market contract means a retail contract other than a standing contract or default contract; standing contract means a retail contract under which a gas entity to which section 34A of the Act applies sells gas at the entity's standing contract price and subject to the entity's standing contract terms and conditions; standing contract price and standing contract terms and conditions have the same respective meanings as in section 34A of the Act. 35—Provisions relating to default contracts (1) If a person receives gas supply through a metered delivery point otherwise than under a retail contract— (a) that person; and (b) the gas entity that was last a party to a retail contract in relation to that delivery point, become parties to a default contract in relation to that delivery point for the purposes of section 34B(2) of the Act. (2) Subregulation (1) does not apply in relation to a metered delivery point situated within an excluded area. (3) The default contract continues until— (a) the customer becomes a party to a market contract or standing contract (whether with the same entity or some other gas entity) in relation to the delivery point; or (b) some other person becomes a party to a retail contract in relation to the delivery point; or (c) the occurrence of an event of a kind determined by the Commission. (4) On the gas entity becoming aware that it has become a party to the default contract, the entity must, within 5 business days, give the customer a written notice setting out the terms and conditions of the default contract and describing, in general terms, the other contractual options that may be available to the customer for the purchase of gas. (5) The gas entity must, in giving notice under subregulation (4), comply with any requirements imposed by a code made by the Commission under the Essential Services Commission Act 2002, relating to the contents of the notice or the manner in which the notice is to be given. (6) For the purposes of paragraph (b) of the definition of default contract price in section 34B(3) of the Act, the prescribed period is— (a) if the price fixed as the default contract price by the entity by the notice referred to in that paragraph is the same as the price that will be in force as the standing contract price (whether or not for the same entity) 14 days from the date of publication of that notice—14 days; or (b) in any other case—28 days.

Part 8—Gas entities' powers and duties 36—Carrying out certain work on public land (1) For the purposes of section 47(5) of the Act, prior notice and agreement are not required under section 47(3) of the Act for— (a) work in an emergency; or (b) maintenance, repairs or minor extensions of existing gas infrastructure, including any necessary excavation or removal of obstructions. (2) For the purposes of section 47(6) of the Act, agreement is not required under section 47(3) of the Act for— (a) installation or relocation of gas infrastructure as a part of road reconstruction; or (b) alterations or additions to existing gas infrastructure not involving any significant enlargement of the area of public land occupied by the infrastructure or any significant change in appearance.

Part 8A—Regulation of NERL retailers 36A—NERL retailers to comply with code provisions and other requirements (1) For the purposes of section 59A(1) of the Act, a NERL retailer must comply with— (a) a code made by the Commission under the Essential Services Commission Act 2002 relating to gas metering; and (b) if the scheme under Part 4 of these regulations applies to the retailer, a code made by the Commission under the Essential Services Commission Act 2002 relating to energy productivity. Regulation 16 provides for the application of a scheme relating to energy efficiency to NERL retailers. (2) For the purposes of section 59A(1) of the Act, a NERL retailer must comply with the following requirements: (a) a NERL retailer must prepare, maintain, publish on its website and periodically revise a safety awareness plan in accordance with the following requirements: (i) the plan must deal with matters prescribed by subregulation (3); (ii) the retailer must obtain the approval of the Technical Regulator to the plan and any revision; (iii) the retailer must comply with the plan as approved from time to time; (iv) the retailer must audit from time to time its compliance with the plan and report the results of those audits to the Technical Regulator; (v) the retailer must, on or before 31 August in each year, lodge with the Technical Regulator a report relating to the previous financial year containing the following information: (A) the results of any audit of the retailer's compliance with its safety awareness plan; (B) details of the measures taken to implement the plan, such as information about the publication and distribution of brochures, and the number of times the plan and related material has been viewed by customers on any website operated by the retailer; (C) whether the retailer has been able to comply with all aspects of the safety awareness plan and whether the retailer considers the plan to have been operating effectively; (b) a NERL retailer must, subject to the limitation set out in paragraph (c), use its best endeavours to supply gas in accordance with the standards of quality under regulation 38 and any relevant Act or other instrument that relates to the quality of gas supply; (c) the obligation in paragraph (b) is limited to the extent that the distribution system or the quality of gas supply is adversely affected by the actions or equipment of a small customer; (d) a NERL retailer must use its best endeavours to supply gas in a manner that does not interfere with the safe operation of a distribution system; (e) a NERL retailer must use its best endeavours to provide a reliable supply of gas to a small customer in accordance with any relevant Act or other instrument that relates to the reliability of gas supply; (f) a NERL retailer must, if it carries out the work of installation, maintenance, operation, reading or replacement of a meter— (i) supply to an entity holding a licence authorising the operation of a distribution system information obtained from those meters as is reasonably required by the entity for the purposes of its operations in such format as is reasonably required by the entity and in a manner consistent with recognised practices in the gas industry; and (ii) allow the entity, at the expense of the entity, to inspect and test the meter as is reasonably required by the entity for the purpose of its operations. (3) The following are matters that must be dealt with by a safety awareness plan: (a) the establishment and maintenance of systems for— (i) communicating information to customers regarding the safety of gas infrastructure, installations and appliances; and (ii) measuring the use of such information systems by customers; (b) the provision of material with information and adequate warnings about the properties of gas relevant to safety; (c) the establishment and maintenance of systems for— (i) warning the public about the need for due care with respect to gas infrastructure, installations and appliances; and (ii) informing customers about the correct action to be taken with respect to defects or malfunctions of gas infrastructure, installations and appliances (including but not limited to gas leaks or suspected gas leaks), and the means by which customers can report those defects or malfunctions; and (iii) informing customers of approval schemes for gas appliances and the manner in which a customer can determine whether a gas appliance has been approved; and (iv) informing customers of the fact that persons who undertake gas fitting work are required to be licensed or registered under the Plumbers, Gas Fitters and Electricians Act 1995 and of the manner in which customers can determine whether a person is appropriately licensed or registered; and (v) ensuring that a point of contact for customers regarding gas supply difficulties and gas shortages is provided. relevant Act or other instrument means— (a) an Act (including any instrument made under an Act); or (b) a standard, code, guideline or other instrument issued by the AER, the Commission or the Technical Regulator, that applies to a person engaged in the retailing of gas. 36B—Sale of gas to small customers—early termination fees prohibited (1) For the purposes of section 59A(1)(g) of the Act, a NERL retailer must not offer a market retail contract to small customers if a term or condition of the contract provides for the payment of a fee or charge (however described) for early termination of the contract. (2) Nothing in subregulation (1) prevents a NERL retailer from offering to small customers a fixed term contract that provides for the payment of— (a) a fee or charge for early termination of a fixed benefit period under the contract by the small customer (whether or not the contract is terminated at the same time); or (b) a fee or charge for early termination of the contract if the fee or charge only involves the NERL retailer recovering its reasonable costs for the installation or provision of designated equipment to the small customer (and accounts for, in the event of early termination of the contract, any payments towards those costs made by the small customer before the termination). (3) However, subregulation (2) only applies if— (a) the NERL retailer provides information to the small customer before the small customer enters into the contract that clearly specifies— (i) the nature and amount of the relevant fee or charge referred to in that subregulation; and (ii) the consequences of early termination of the contract by the small customer; and (b) a fee or charge for early termination provided for under that subregulation complies with the relevant requirements applying under the National Energy Retail Rules. designated equipment means a meter or other equipment related to the provision of gas at the premises of the small customer that is fixed to the premises and intended to remain at those premises (whether or not any contract relating to the provision of electricity at the premises is terminated early); fixed benefit period means a period of a fixed term contract during which pricing is fixed; fixed term contract means a market retail contract for a fixed term that includes a fixed benefit period. (5) Unless the contrary intention appears, terms used in this regulation and in the National Energy Retail Law or the National Energy Retail Rules have the same respective meaning in this regulation as they have in the National Energy Retail Law or National Energy Retail Rules. 36C—Participation in ombudsman scheme For the purposes of section 59B(1) of the Act, the prescribed level is 10 Tj. 36D—Annual administration fee (1) For the purposes of section 59E(2) of the Act, the annual administration fee is to be calculated in accordance with the following formula:

X is the annual administration fee for a NERL retailer; GA is the costs determined by the Minister of the administration of the Act; ESC is the costs determined by the Minister of the administration by the Commission of the Essential Services Commission Act 2002 attributable to the retailing of gas to small customers; AEMC is the costs referred to in subregulation (2); Q is the amount determined by the Minister to adjust the annual administration fee based on events that occurred during the period to which the previous annual administration fee related (such as a new entrant to the market for the retailing of gas) or such other matter relating to that previous period that the Minister thinks fit; Y is the number of NERL retailers that retail gas to small customers at the commencement of the period to which the annual administration fee relates. (2) For the purposes of section 59E(7)(c) of the Act, the costs determined by the Minister of the administration in relation to the retailing of gas in South Australia of Part 9 of the National Energy Retail Law (South Australia) by the Australian Energy Market Commission established by the Australian Energy Market Commission Establishment Act 2004 are prescribed. (3) If a NERL retailer commences retailing gas to small customers as a NERL retailer during a period to which an annual administration fee relates, the annual administration fee for the NERL retailer is to be adjusted by multiplying— (a) the annual administration fee that would have been payable by the NERL retailer had it been retailing gas as a NERL retailer during the whole of the relevant period; and (b) the proportion that the number of whole months between the commencement of retailing and the end of the relevant period bears to 12 months. (4) If a relevant entity within the meaning of section 33 of the National Energy Retail Law (South Australia) Act 2011 had, before 1 February 2013, paid (as a gas entity under the Gas Act 1997) to the Commission a licence fee under section 20 of the Act in respect of the whole or any part of the period commencing on 1 February 2013 and ending on 1 February 2014, the Commission must determine an amount in relation to the licence fee that is to be offset against the annual administration fee that applies to the entity, or credited or refunded to the entity (as determined by the Commission).

Part 9—Safety and technical issues Division A1—Preliminary 36E—Preliminary In this Part— contractor, in relation to an employed worker, means a licensed gas fitting contractor or licensed building work contractor (as the case requires) by whom the employed worker is employed or engaged to carry out the work or examinations and tests related to the issue of an electronic certificate of compliance; contractor's duly authorised agent means a person acting as the contractor's duly authorised agent who has or had a supervisory role in relation to the employed worker; electronic certificate of compliance means a certificate of compliance issued under this Part (other than a Type B certificate of compliance under regulation 43) in electronic form in accordance with any requirements of the Technical Regulator under regulation 45; employed worker, in relation to an electronic certificate of compliance issued in relation to a gas installation, means a registered gas fitting worker employed or engaged to carry out work or examinations and tests related to the issue of the certificate (whether or not together with other work or examinations and tests on the installation) by a contractor.

Division 1—Safety and technical requirements 37—General requirements for gas infrastructure or installation (1) For the purposes of section 55 of the Act— (a) gas infrastructure must be designed, installed, operated and maintained to be safe for the gas service conditions and the physical environment in which it will operate and so as to comply with any applicable requirements of AS/NZS 4645, AS/NZS 1596 and AS 2885 or achieve, to the satisfaction of the Technical Regulator, the same or better safety and technical outcomes; and (b) a gas installation must be designed, installed, operated and maintained to be safe for the gas service conditions and the physical environment in which it will operate and so as to comply with any applicable requirements of— (i) in the case of a liquefied petroleum gas installation—AS/NZS 5601 and AS/NZS 1596; (ii) in any other case—AS/NZS 5601. 37A—Electronic certificates of compliance (1) For the purposes of section 55(2) of the Act, an electronic certificate of compliance may only be relied upon if it— (a) certifies that the gas installation to which the electronic certificate of compliance relates complies with any applicable requirements set out in— (i) in the case of a liquefied petroleum gas installation—AS/NZS 5601 and AS/NZS 1596; (ii) in any other case—AS/NZS 5601; and (b) is issued by a registered gas fitting worker. (2) The following requirements apply to an electronic certificate of compliance issued under this regulation: (a) in the case of an electronic certificate of compliance issued by a registered gas fitting worker who is an employed worker— (i) the registered gas fitting worker must complete the electronic certificate of compliance to the extent required by the Technical Regulator under regulation 45 after completion of the work and issue the certificate to— (A) the contractor; or (B) the contractor's duly authorised agent; and (ii) the contractor or the contractor's duly authorised agent, if satisfied that the work or examinations and tests have been carried out in accordance with the standards and requirements referred to in subregulation (1), must— (A) complete the electronic certificate of compliance; and (B) within 30 days after completion of the work, provide the electronic certificate of compliance to the Technical Regulator and the owner or operator of the installation; (b) in any other case—the registered gas fitting worker must, within 30 days after completion of the work, issue the electronic certificate of compliance and provide it to— (i) the Technical Regulator; and (ii) the owner or operator of the installation.

Division 2—Gas supply, quality etc 38—Obligations of distribution system operator and other persons in relation to quality of gas (1) A distribution system operator must ensure that the following requirements are complied with in relation to gas distributed by the system: (a) the gas must— (i) be at a safe temperature and pressure and safe in all other respects for the purposes of the system; and (ii) contain sufficient odorant that it has a distinctive smell to a person with a normal sense of smell at one‑fifth of the lower explosive limit in air; and (iii) comply with the relevant specifications set out in Schedule 2 (unless otherwise agreed between the Technical Regulator and the operator); (b) before connection or reconnection of a gas supply to a place, steps must be taken to ensure that the gas supply is suitable for each gas installation situated in the place that will be connected to the gas supply; (c) the gas must be supplied so that— (i) the operating pressure of the gas at the outlet of each meter set for recording a customer's consumption of gas is 1 kPa or more but less than 3 kPa subject to any written requirement of the customer or agreement between the Technical Regulator and the operator for gas to be supplied at more than 3 kPa; and (ii) the pressure of the gas at each such meter set is within the meter set manufacturer's designated pressure operating range. (2) After a gas installation referred to in subregulation (1)(b) has been connected (including for the first time), reconnected or a person has carried out work on such an installation, the person who performed the connection, reconnection or carried out the work must issue an electronic certificate of compliance to the effect that the requirement in subregulation (1)(b) has been complied with. (3) The person must— (a) provide a copy of the completed electronic certificate of compliance to the person on whose behalf the work was carried out; and (b) provide a copy of the completed electronic certificate of compliance to the distribution system operator. (4) For the purposes of ensuring compliance with subregulation (1)(b), reliance may be placed on an electronic certificate of compliance issued for the purposes of section 56 of the Act in relation to the gas installation. (5) Despite regulation 7(4), a person who operates a prescribed transmission pipeline is not bound to comply with subregulation (1)(a)(ii). (6) However, a person who receives a gas supply directly from a transmission pipeline (if the gas supplied does not already contain sufficient odorant for the purposes of that subregulation) must comply with subregulation (1)(a)(ii). (7) If a gas installation is reconnected following disconnection as a result of a change of customer or on the basis of a failure to pay for the gas supplied to premises at which the installation is located, the person who performs the reconnection is exempt from any requirement under this Part to issue an electronic certificate of compliance in respect of the reconnection. (8) If, in respect of premises, a person installs or replaces a meter for recording consumption of gas (and performs no other work to which Division 1, Division 2 or Division 3 applies), the person is exempt from any requirement under this Part to issue an electronic certificate of compliance in respect of the installation or replacement of the meter. 39—Obligations of retailer in relation to supply of gas A retailer must ensure that the following requirements are complied with in relation to gas supplied by the retailer to a customer: (a) before connection or reconnection of a gas supply to a place, steps must be taken to ensure that the gas supply is suitable for each gas installation situated in the place that will be connected to the gas supply; (b) the heating value of the gas must, when measured at each measuring point approved by the Technical Regulator for that purpose, be within a margin of plus or minus 1% of the claimed heating value used by the gas entity as the basis for its charges to the customer for the gas; (c) the measured heating value of the gas must not show systematic bias within that margin. 40—Quality of liquefied petroleum gas supplied in pressurised vessel A person must not sell liquefied petroleum gas knowing, or in circumstances in which the person ought reasonably to know, that it is likely to be supplied to gas appliances from a pressurised vessel unless it complies with the relevant specifications set out in Schedule 2.

Division 3—Gas fitting work 41—General gas fitting work (1) For the purposes of section 56 of the Act, a person who carries out work on a gas installation or proposed gas installation (including work comprised of installing a Type A appliance, but not including work comprised of installing, commissioning or modifying a Type B appliance) must— (a) ensure that the work is carried out, and examinations and tests are carried out, in accordance with AS/NZS 5601 and any requirements of the Technical Regulator; and (b) if satisfied that the work has been carried out in accordance with AS/NZS 5601 and any requirements of the Technical Regulator, issue an electronic certificate of compliance to that effect. (2) The person must— (a) provide the completed electronic certificate of compliance to the person on whose behalf the work was carried out; and (b) if the work is associated with the making of a connection or reconnection to a distribution system, provide the completed electronic certificate of compliance to the distribution system operator; and (c) if the work is not associated with the making of such a connection or reconnection— (i) provide the completed electronic certificate of compliance to the supplier of pressurised vessel gas for the installation, if known; or (ii) if the supplier is not known, provide the completed electronic certificate of compliance to the person on whose behalf the work was carried out. 42—Installing Type A appliances For the purposes of section 56 of the Act, a person who installs a Type A appliance must ensure that the appliance complies with any requirements under the Energy Products (Safety and Efficiency) Act 2000 relating to certification and labelling. 43—Installing or commissioning Type B appliances (1) For the purposes of section 56 of the Act— (a) a person who installs, commissions or modifies a Type B appliance must ensure that the work is carried out, and examinations and tests are carried out, in accordance with AS 3814 and AS/NZS 5601; and (b) a person who carries out work, or examinations or tests, related to moving a Type B appliance to a different location (whether on the same premises or otherwise) must ensure that the work is carried out, and examinations and tests are carried out, in accordance with AS 3814. (2) A person must not commence supplying gas for use in a Type B appliance following installation of the appliance unless the appliance has been approved as complying with the requirements of AS 3814. (3) Subregulation (2) does not prevent a person from temporarily supplying gas for the purposes of the commissioning of a Type B appliance or the determination of whether the appliance complies with the requirements of AS 3814. (4) For the purposes of this regulation, AS 3814 and AS/NZS 5601 are to be read as if any requirement for approval of a regulatory body were a requirement— (a) if the appliance in question is, or is to be, connected to a distribution system, for approval of the distribution system operator whose system it is or an authorised officer; (b) in any other case, for approval of an authorised officer. (5) An approval under this regulation must be in a form approved by the Technical Regulator. (6) The person approving a Type B appliance under this regulation must complete a Type B certificate of compliance to the effect that the requirements for approval under this regulation have been complied with. (7) The person— (a) must provide a copy of the completed Type B certificate of compliance to— (i) the person on whose behalf the work was carried out; and (ii) the Technical Regulator; and (b) being an authorised officer, must— (i) if the work is associated with the making of a connection or reconnection to a distribution system, provide a copy of the completed Type B certificate of compliance to the distribution system operator; or (ii) if the work is not associated with the making of a connection or reconnection to a distribution system— (A) provide a copy to the supplier of pressurised vessel gas for the installation, if known; or (B) if the supplier is not known, provide a further copy to the person on whose behalf the work was carried out. (8) If the person on whose behalf work on a Type B appliance was carried out is not the owner of the appliance, that person must, within 30 days of completing the work, provide a copy of the Type B certificate of compliance to the owner of the appliance. (9) Despite regulation 45, the owner of a Type B appliance must— (a) keep a copy of each Type B certificate of compliance provided in relation to the appliance until the appliance is sold or otherwise disposed of; and (b) on sale or transfer of the appliance, deliver copies of all certificates of compliance held in relation to the appliance to the new owner (who must keep any Type B certificate in accordance with paragraph (a)). (10) A fee determined on a basis approved by the Commission may be required by the distribution system operator or the authorised officer for determining whether to approve a Type B appliance under this regulation. (11) A fee required by a distribution system operator or an authorised officer who is not a Public Service employee may be retained by the operator or officer. (12) In this regulation— Type B certificate of compliance means a certificate of compliance issued for the purposes of Part 9 Division 3 of the Act that certifies that the requirements for approval of a Type B appliance under this regulation have been complied with. 44—Requirements relating to installation of certain heating appliances (1) For the purposes of section 56 of the Act, a person who installs a flueless gas space heater in residential premises must ensure that the following requirements are complied with: (a) the maximum gas consumption level of the heater must not exceed 18 MJ/h; (b) the heater must have been approved as complying with the requirements of the applicable Australian gas appliance standard listed in AS 3645; (c) 2 permanent ventilation openings, 1 near the ceiling of the premises and the other near the floor, must be available to allow direct ventilation to an area outside the premises; (d) each opening must have a minimum free area of 1 000 square millimetres per MJ/h (being the maximum gas consumption level of the heater expressed in MJ/h). (2) Despite subregulation (1)(a), a person may install a flueless gas space heater in residential premises where the maximum gas consumption level of the heater exceeds 18 MJ/h with the approval of the Technical Regulator. (3) The Technical Regulator may not grant an approval unless the Technical Regulator is satisfied that adequate safety features in relation to the heater are demonstrated by the manufacturer or supplier of the heater. flueless gas space heater means a heater designed to discharge flue gases produced by the heater directly into the space in which the heater is situated.

Division 4—Certificates of compliance 45—Requirements relating to electronic certificates of compliance (1) The following requirements apply to an electronic certificate of compliance under this Part: (a) if the electronic certificate of compliance must be provided to a person, the certificate must be so provided within 30 days after completion of the work, examinations and tests, connection, reconnection or approval (as the case may be) to which the certificate relates; (b) the person providing the electronic certificate of compliance must store the completed certificate for at least 5 years after the completion of the work, examinations and tests, connection, reconnection or approval (as the case may be) to which the certificate relates. (2) The Technical Regulator may prepare and publish requirements relating to electronic certificates of compliance under this Part. (3) Requirements prepared and published under subregulation (2) may include— (a) requirements as to the use of the official format for electronic certificates of compliance determined by the Technical Regulator; and (b) requirements as to the issuing, providing and certifying of electronic certificates of compliance, including as to the electronic provision of certificates; and (c) other requirements determined by the Technical Regulator. (4) The Technical Regulator may exempt a person, or persons of a specified class, from a requirement under subregulation (2) on conditions determined by the Technical Regulator.

Division 5—Reporting and investigation of accidents 46—Reporting of accidents (1) For the purposes of section 58 of the Act, a report must be made to the Technical Regulator of the details of the accident— (a) in the case of a death resulting from the accident—immediately by telephone; (b) in the case of a person requiring medical assistance resulting from the accident—within 1 working day of the accident; (c) in the case of property damage of more than $5 000 resulting from the accident—within 10 working days of the accident; (d) in the case of any injury to person or property or a dangerous situation involving a gas infrastructure pipeline operating above 1 050 kPa or involving the attendance of a fire brigade—within 1 month of the accident. (2) A gas entity or person who is required to report an accident in accordance with section 58 of the Act must provide the Technical Regulator with such further details of the accident as the Technical Regulator reasonably requires. 47—Investigation of accidents A gas entity that operates a distribution system must comply with any direction given by the Technical Regulator relating to the investigation of an accident to which section 58 of the Act relates, including a direction to conduct such examinations and tests as are required by the Technical Regulator.

Division 6—Safety, reliability, maintenance and technical management plans and reports 48—Application of Division (1) This Division applies to a licensee holding a licence authorising the operation of a distribution system or a person exempted from the requirement to hold such a licence. (2) However, the Technical Regulator may grant an exemption from this Division, or specified provisions of this Division, on terms and conditions the Technical Regulator considers appropriate. 49—Safety, reliability, maintenance and technical management plans (1) A person to whom this Division applies who is exempted from the requirement to hold a licence must, if so required by the Technical Regulator by notice in writing— (a) prepare, maintain and periodically revise a safety, reliability, maintenance and technical management plan dealing with matters prescribed by subregulation (2); (b) obtain the approval of the Technical Regulator to the plan and any revision; (c) comply with the plan as approved from time to time; (d) audit from time to time the person's compliance with the plan and report the results of those audits to the Technical Regulator. (2) For the purposes of section 26(1)(b) of the Act, the following are matters that must be dealt with by a safety, reliability, maintenance and technical management plan: (a) the safe design, installation, commissioning, operation, maintenance and decommissioning of gas infrastructure owned or operated by the person; (b) the maintenance of a supply of gas of the quality required to be maintained by or under the Act, these regulations, the person's licence or the conditions of any exemption granted to the person; (c) ensuring adequacy of the distribution system at all times of high demand on the system; (d) ensuring that gas supply is suitable for each gas installation situated in a place that will be connected or reconnected to the distribution system; (e) ensuring that an appropriate level of examination and testing of installations (including appliances) is carried out on the new connection of gas supply to a place to provide assurance of the safety of gas installations; (f) ensuring compliance with code provisions under the Essential Services Commission Act 2002 relating to metering of gas supply at delivery points; (g) monitoring compliance with code provisions under the Essential Services Commission Act 2002 relating to metering of gas supply at delivery points; (h) the implementation and conduct of safety measures and training programs for the purpose of— (i) reducing the risk of death or injury, or damage to property, arising out of the operation of gas infrastructure owned or operated by the person; (ii) ensuring that employees performing work in respect of gas infrastructure owned or operated by the person are competent and properly trained, perform their work safely and are provided with a safe system of work; (i) ensuring that contractors performing work in respect of gas infrastructure owned or operated by the person have processes and procedures for ensuring that the persons personally performing the work are competent and properly trained, perform their work safely and are provided with a safe system of work; (j) the manner in which accidents and unsafe situations are to be dealt with, reported and investigated; (k) monitoring compliance with safety and technical requirements imposed by or under the Act, these regulations, the person's licence or the conditions of any exemption granted to the person; (l) monitoring gas infrastructure owned or operated by the person for the purposes of identifying infrastructure that is unsafe or at risk of failing or malfunctioning; (m) the establishment of indicators and the collection and recording of information to measure the person's performance in respect of matters referred to in the preceding paragraphs. (3) A person to whom this Division applies must, at the request of the Technical Regulator, provide the Technical Regulator with such information and access to such officers, employees and contractors as the Technical Regulator reasonably requires for the purposes of determining whether a safety, reliability, maintenance and technical management plan prepared by the person is operating effectively and whether that person is complying with the plan. 50—Safety, reliability, maintenance and technical management reports (1) A person to whom this Division applies must, within 24 hours after an unplanned interruption to the supply of gas that affected the supply of gas to 5 or more but less than 100 customers, lodge with the Technical Regulator a report stating in relation to that interruption the following: (a) the date, time and cause of the interruption; (b) the number of customers affected by the interruption; (c) the locations (for example, in the case of city customers, the suburbs) of all of the customers affected; (d) the time taken to restore supply to all of the customers affected; (e) the time taken to restore supply to the majority of the customers affected. (2) A person to whom this Division applies must, within 2 hours after an unplanned interruption to the supply of gas that affected the supply of gas to 100 or more customers, lodge with the Technical Regulator a report stating in relation to that interruption the information referred to in the paragraphs of subregulation (1) that is known to the person at the time of the report. (3) Subregulations (1) and (2) do not apply in relation to— (a) an interruption to the supply of gas to a customer if the interruption was in accordance with an interruptible or curtailable supply contract with the customer; or (b) an interruption to the supply of gas to a customer that occurred at the request of the customer or that was caused by the customer. (4) A person to whom this Division applies must, on or before 31 August in each year, lodge with the Technical Regulator a report relating to the previous financial year containing the following information: (a) a general description of the circumstances in which gas infrastructure owned or operated by the person has failed or malfunctioned or been found to be unsafe and of the action taken to rectify, or to prevent or minimise the risk or recurrence of, the failure, malfunction or unsafe situation; (b) whether the person has been able to comply with all aspects of the person's safety, reliability, maintenance and technical management plan and whether the person considers the plan to have been operating effectively. (5) In this regulation— quarter means a period of 3 months commencing 1 January, 1 April, 1 July or 1 October.

Part 10—Miscellaneous 51—Work near gas infrastructure For the purposes of section 83(3)(a) of the Act, a person who does work near gas infrastructure must comply with any applicable requirements of AS/NZS 4645, AS/NZS 1596 and AS 2885. 52—Technical Regulator may grant exemption from Part 9 or this Part (1) The Technical Regulator may grant an exemption from a specified provision or provisions of Part 9 or this Part on terms and conditions the Technical Regulator considers appropriate. (2) An exemption under subregulation (1) may be varied or revoked by the Technical Regulator by notice in writing. 53—General penalty A person who contravenes or fails to comply with a provision of these regulations for which a specific penalty is not provided is guilty of an offence. Maximum penalty: $5 000. Expiation fee: $315. 54—Fees for reinspection etc (1) A person to whom a direction has been given under section 57, 68 or 69 of the Act is liable to pay a fee of an amount equal to the reasonable costs of any reinspection or reattendance by an authorised officer for the purpose of ensuring compliance with the direction or approving reconnection of the gas supply. (2) The Technical Regulator may recover a fee payable under subregulation (1) as a debt by action in a court of competent jurisdiction. 55—Sale of gas where supply affected by gas rationing direction under section 37 of Act (1) Subject to this regulation, if— (a) an affected retailer has a quantity of gas available for supply to an affected customer on that day that exceeds the allocated quantity for the customer for that day; and (b) the affected retailer has made an offer to supply an additional quantity of gas to the affected customer on that day in accordance with approved terms that has been accepted by the customer, then— (c) the affected retailer must, on that day— (i) supply the affected customer with the allocated quantity for that day in accordance with the pre‑existing terms; and (ii) supply the affected customer with the additional quantity of gas in accordance with the approved terms; and (d) the affected retailer will be taken to incur no contractual liability by reason of the fact that the affected retailer has supplied only the allocated quantity for that day to the affected customer under the pre‑existing terms. (2) The Minister may, by written notice to a regulated entity, exclude the entity from the application of this regulation from a day specified in the notice. (3) The Minister may, by written notice to a regulated entity, vary or revoke a previous notice to the entity under this regulation. (4) If an affected retailer has received payment from an affected customer for gas that included an additional quantity of gas and the payment was in excess of the amount payable by the customer in accordance with the terms referred to in subregulation (1)(c), the affected retailer must repay to the customer, or, with the consent of the customer, credit to the customer's account, the amount of the overpayment as soon as practicable after the commencement of this subregulation or after becoming aware of the overpayment, whichever occurs later. Maximum penalty: $10 000. Expiation fee: $315. (5) In this regulation— additional quantity of gas, in relation to an affected customer and a gas day, means a quantity of gas in addition to the allocated quantity for the customer for that day; affected customer means a customer whose entitlement to the supply of gas is affected by a rationing direction; affected retailer means a regulated entity authorised to sell gas by retail (whether or not the entity is required to hold a licence under the Act) to which a rationing direction applies on a gas day; allocated quantity for an affected customer for a gas day, means the quantity of gas to which the customer is entitled for that day under the rationing direction; approved terms, in relation to the supply by an affected retailer of an additional quantity of gas to an affected customer on a gas day, means contractual terms governing that supply that— (a) fix as the unit price (exclusive of GST) for the additional quantity on that day— (i) if the Minister has, by written notice to the affected retailer, approved a unit price for that quantity on that day—a price not more than the price approved by the Minister; or (ii) in any other case—a price not more than the unit price for the supply of gas on that day under the pre‑existing terms increased by the amount (if any) by which the average unit price for the purchase by the affected retailer of all additional gas for supply to affected customers on that day exceeds the average unit price for the purchase by the affected retailer of all gas for supply to affected customers on that day under pre‑existing terms; and (b) require the affected retailer to use its best endeavours to supply additional quantities of gas to the customer but allow the affected retailer to interrupt or withhold supply of an additional quantity as necessary in circumstances where the affected retailer experiences a shortfall in the additional quantities of gas available to the affected retailer for its affected customers and apportions the shortfall amongst those customers in a manner approved by the Minister by written notice to the affected retailer; and (c) are in other respects no more favourable to the affected retailer than the pre‑existing terms; gas day means a period of 24 hours commencing at 6 am; pre‑existing terms, in relation to the supply of gas by an affected retailer to an affected customer on a gas day, means the contractual terms that would have applied to that supply of gas if the rationing direction had not been given and this regulation had not been made; rationing direction means a direction given by the Minister to an affected retailer under section 37 of the Act governing the supply of gas by the affected retailer to customers of the affected retailer.

Schedule 1—Flame speed factor and sooting index (regulation 3)

Part 1—Flame speed factor *The flame speed factor (S) of a gas is given by—

F = flame speed coefficient for each combustible component according to the table in Part 3 m = mole fraction of combustible component that has a flame speed coefficient Fm A = air requirement for each combustible gas component according to the table in Part 3 n = mole fraction of combustible component that has an Air requirement of An according to the table in Part 3 Z = the total mole fraction of inert gases (eg CO2, N2) Q = the mole fraction of oxygen present. 1 Based on Gilbert, M.G. and Prigg, J.A., Gas Council Research Communication GC35 (see Transactions of the Institution of Gas Engineers 1956/57). Part 2—Sooting index *The sooting index (I) of a gas is given by—

B = the sooting coefficient for each combustible component according to the table in Part 3 a = the volume per cent of component that has a sooting coefficient of Ba H2 = the volume per cent of hydrogen in the gas CO = the volume per cent of carbon monoxide in the gas O2 = the volume per cent of oxygen in the gas d = the relative density of the gas.

1 Based on Schneck, H. and Delbourg, P., Journal des Industries du Gaz, December, 1962.

Part 3—Table

Combustible Gas Component Flame Speed Coefficient F Air Requirement A Sooting Coefficient B carbon monoxide 2.39 — hydrogen 2.39 — methane 9.55 1.0 ethane 16.71 2.0 propane 23.87 3.6 butane 31.03 4.7 pentane 38.00 6.0 hexane 45.00 heptane 52.00 octane 59.00 ethylene 14.32 2.8 propylene 21.48 6.0 butylene 28.64 7.0

Schedule 2—Gas specifications (regulations 38 and 40) 1—Specifications for natural gas The specifications for natural gas are the limits set out in AS 4564 for general purpose natural gas (within the meaning of that Standard). 2—Specifications for liquefied petroleum gas The specifications for liquefied petroleum gas are the limits set out in AS 4670.

Schedule 3—Transitional provisions 2—Transitional provisions (1) Despite regulation 4 of these regulations, regulation 4A of the revoked regulations as in force immediately before the commencement of this clause will continue to apply to work to be undertaken or underway (being work within the ambit of regulation 4A) until 1 March 2013. (2) In this clause— revoked regulations means the Gas Regulations 1997. Legislative history Notes • Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. • Earlier versions of these regulations (historical versions) are listed at the end of the legislative history. • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Legislation revoked by principal regulations The Gas Regulations 2012 revoked the following: Gas Regulations 1997 Principal regulations and variations New entries appear in bold. Year No Reference Commencement Gazette 30.8.2012 p4055 1.9.2012: r 2 Gazette 31.1.2013 p188 1.2.2013: r 2 Gazette 6.11.2014 p6393 1.1.2015: r 2 Gazette 8.12.2016 p4941 1.1.2017: r 2 Gazette 26.9.2019 p3360 30.12.2019: r 2 Gazette 9.7.2020 p3779 9.7.2020: r 2 Gazette 26.11.2020 p5386 1.1.2021: r 2 Gazette 29.6.2023 p2047 18.9.2023: r 2 Provisions varied New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Pt 1

r 2 omitted under Legislation Revision and Publication Act 2002 Pt 2

r 6 substituted by 5/2013 r 4 Pt 3

r 13 substituted by 5/2013 r 5 Pt 4 before substitution by 263/2014 will expire: r 31 (31.12.2014) r 16

r 16(1) varied by 5/2013 r 6(1) r 16(1a) inserted by 5/2013 r 6(2) r 16(2) varied by 5/2013 r 6(3) r 17

r 17(1)

energy credit varied by 5/2013 r 7(1) GEAT inserted by 5/2013 r 7(3) GGRT varied by 5/2013 r 7(2) GLEAT deleted by 5/2013 r 7(3) relevant electricity retailer varied by 5/2013 r 7(4) relevant gas retailer varied by 5/2013 r 7(5) r 17(3) varied by 5/2013 r 7(6) r 22

r 22(1) varied by 5/2013 r 8 r 23

r 23(1)—(4) varied by 5/2013 r 9 r 23(5)

energy audit shortfall varied by 5/2013 r 9 r 27

r 27(3) varied by 5/2013 r 10 Pt 4 before substitution by 305/2020 substituted by 263/2014 r 4

will expire: r 31 (31.12.2020) r 29A inserted by 233/2020 r 4 9.7.2020 Pt 4 substituted by 305/2020 r 4

will expire: r 30 (31.12.2030) Pt 8A inserted by 5/2013 r 11 r 36A

r 36A(1) varied by 263/2014 r 5

varied by 305/2020 r 5 r 36B substituted by 210/2019 r 4 30.12.2019 Pt 9 Div A1 inserted by 280/2016 r 4 Pt 9 Div 1

r 37

r 37(2) and (3) deleted by 280/2016 r 5 r 37A inserted by 280/2016 r 6 Pt 9 Div 2

r 38

r 38(2) varied by 280/2016 r 7(1) r 38(3) varied by 280/2016 r 7(2) r 38(4) varied by 280/2016 r 7(3) r 38(7) and (8) inserted by 280/2016 r 7(4) Pt 9 Div 3

r 41

r 41(1) varied by 280/2016 r 8(1) r 41(2) varied by 280/2016 r 8(2)—(5) r 43

r 43(6)—(9) varied by 280/2016 r 9(1) r 43(12) inserted by 280/2016 r 9(2) Pt 9 Div 4

r 45 substituted by 280/2016 r 10 Pt 10

r 55

r 55(2) varied by 5/2013 r 12(1) r 55(3) varied by 5/2013 r 12(2) r 55(5)

affected retailer varied by 5/2013 r 12(3) Sch 2

cl 2 substituted by 59/2023 r 3 18.9.2023 cl 3 deleted by 59/2023 r 3 18.9.2023 Sch 3

cl 1 omitted under Legislation Revision and Publication Act 2002 Transitional etc provisions associated with regulations or variations Gas Variation Regulations 2014 (No 263 of 2014), Sch 1—Transitional provisions 1—Interpretation In this Schedule— new Part 4 means Part 4 of the Gas Regulations 2012 (as substituted by these regulations); old Part 4 means Part 4 of the Gas Regulations 2012 as in force immediately before the commencement of these regulations. 2—Energy credits Despite the revocation of old Part 4 by these regulations, an energy credit accrued by a retailer before that revocation (other than a credit transferred under regulation 27 of old Part 4) will, on the commencement of new Part 4, be taken to be an energy credit for the purposes of new Part 4. 3—Energy efficiency activities and energy audits An energy efficiency activity or an energy audit undertaken by a retailer immediately before the commencement of new Part 4 will only be taken to be an energy efficiency activity or an energy audit for the purposes of new Part 4 if the activity or audit is reported to the Commission before a day designated by the Commission by notice in the Gazette. 4—Commission to convert energy savings (1) For the purposes of clauses 2 and 3, the Commission must, in accordance with any requirements of the Minister, determine the manner in which— (a) an energy efficiency activity undertaken by a retailer; or (b) an energy credit accrued by a retailer, before the revocation of old Part 4 by these regulations and expressed in tonnes of carbon dioxide equivalent will be converted into an amount of energy taken to have been saved by the retailer for the purposes of new Part 4. (2) In addition, the Commission must, in accordance with any requirements of the Minister, determine the manner in which any— (a) energy efficiency shortfall; or (b) energy efficiency shortfall for priority group households, which— (c) applied to a retailer immediately before the revocation of old Part 4; and (d) must be added to a target under new Part 4 (as a result of the operation of regulations 20(3) and 21(3)); and (e) is expressed in tonnes of carbon dioxide equivalent, will be converted into an amount of energy required to be saved by the retailer for the purposes of new Part 4. Gas Variation Regulations 2016 (No 280 of 2016), Sch 1 1—Transitional provisions (1) Until the prescribed day, despite the variations to Part 9 of the Gas Regulations 2012 by these regulations, a hard copy certificate of compliance may be issued in accordance with that Part (as in force immediately after the commencement of these regulations) using an official form in accordance with regulation 45(1)(a) and (2) of the Gas Regulations 2012 as in force immediately before the commencement of these regulations. (2) If a hard copy certificate of compliance is issued in accordance with subclause (1), Part 9 of the Gas Regulations 2012 (as varied by these regulations) applies to the certificate of compliance with the following variations: (a) a reference in Part 9 to an electronic certificate of compliance will be taken to be a reference to the hard copy certificate of compliance; (b) the hard copy certificate of compliance is not to be provided to the Technical Regulator under regulation 37A(2)(a)(ii)(B) and (2)(b)(i). (3) In this clause— prescribed day means 30 June 2018. Gas (Retailer Energy Productivity Scheme) Variation Regulations 2020, Sch 1—Transitional provisions 1—Interpretation In this Schedule— new Part 4 means Part 4 of the Gas Regulations 2012 (as substituted by these regulations); old Part 4 means Part 4 of the Gas Regulations 2012 as in force immediately before the commencement of these regulations. 2—Energy credits (1) Despite the revocation of old Part 4 by these regulations, energy credits accrued by a retailer before that revocation (other than a credit transferred under regulation 27 of old Part 4) up to an amount equivalent to 20% of the energy efficiency target applying to the retailer for 2020 (under old Part 4) will, on the commencement of new Part 4, be taken to be an energy credit for the purposes of new Part 4. (2) The Commission must, in accordance with any requirements of the Minister, apply an energy credit referred to in subclause (1) to a retailer's EPT, or (if relevant) a primary subtarget or secondary subtarget applying to the retailer, under new Part 4. 3—Energy efficiency shortfalls from 2020 For the purposes of regulation 24(2) of new Part 4, the Commission may adjust a target that would otherwise apply to a retailer in 2021 after taking into account any energy efficiency shortfall of a retailer under regulation 20 or 21 of old Part 4. Historical versions

30.12.2019

9.7.2020