Gas Supply Act 2003
sec.32Criteria for deciding application
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sec.32 Criteria for deciding application
The regulator may decide to grant the application only if satisfied the applicant is a suitable person to hold the distribution authority. For subsection (1) , the regulator may consider any of the following (the suitability criteria ), to the extent they are relevant to the applicant’s competence to hold the distribution authority— ability to provide an adequate level of customer connection services for the covered gas stated in the application; financial capacity; commercial and other dealings and the standard of honesty and integrity shown in the dealings; failure to perform contractual or statutory obligations and the reasons for the failure; criminal history; technical expertise; knowledge of, or experience in, the gas or energy industries; if the applicant is a corporation—the matters mentioned in paragraphs (a) to (g) for persons who are executive officers of, or substantial shareholders in, the corporation. However, the regulator may, without regard to any of the suitability criteria, decide the applicant is a suitable person to hold the distribution authority if the applicant holds a corresponding authority. In deciding the application, the regulator must consider any relevant government policies about energy issues. s 32 amd 2023 No. 25 s 31 sch 1 (sec.32-ssec.1) The regulator may decide to grant the application only if satisfied the applicant is a suitable person to hold the distribution authority. (sec.32-ssec.2) For subsection (1) , the regulator may consider any of the following (the suitability criteria ), to the extent they are relevant to the applicant’s competence to hold the distribution authority— ability to provide an adequate level of customer connection services for the covered gas stated in the application; financial capacity; commercial and other dealings and the standard of honesty and integrity shown in the dealings; failure to perform contractual or statutory obligations and the reasons for the failure; criminal history; technical expertise; knowledge of, or experience in, the gas or energy industries; if the applicant is a corporation—the matters mentioned in paragraphs (a) to (g) for persons who are executive officers of, or substantial shareholders in, the corporation. (sec.32-ssec.3) However, the regulator may, without regard to any of the suitability criteria, decide the applicant is a suitable person to hold the distribution authority if the applicant holds a corresponding authority. (sec.32-ssec.4) In deciding the application, the regulator must consider any relevant government policies about energy issues.
- (a) ability to provide an adequate level of customer connection services for the covered gas stated in the application;
- (b) financial capacity;
- (c) commercial and other dealings and the standard of honesty and integrity shown in the dealings;