Gas Supply Act 2003
sec.57Conditions for amendment, cancellation or suspension
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sec.57 Conditions for amendment, cancellation or suspension
The regulator may amend, cancel or suspend a distribution authority if— an event mentioned in subsection (2) has happened; and either— for immediate suspension—the procedure under section 58 is followed; or for cancellation or suspension other than immediate suspension—the procedure under subdivision 5 is followed. For subsection (1) , the event is that the distributor— obtained the authority because of a materially false or misleading declaration or representation, made orally or in writing; or is, or is likely to become, unsuitable to hold, or continue to hold, the authority, including, for example because of a contravention of any of the following by the distributor or, if the distributor is a corporation, any executive officer of, or substantial shareholder in, the corporation— this Act; the Petroleum and Gas (Production and Safety) Act or another relevant Act; a direction given under this Act, the Petroleum and Gas (Production and Safety) Act or another relevant Act; the authority; a distribution network code, in a material way; For criteria for deciding a material contravention, see section 270Q . the gas retail market procedures if AEMO decides under the National Gas (Queensland) Law , section 91MB , the contravention is a material breach of the procedures; or has contravened, or is contravening, section 41 ; or has used the authority for a purpose other than for a purpose for which it was issued. In deciding whether the distributor is a suitable person to hold, or continue to hold, the authority the regulator must have regard to the suitability criteria. s 57 amd 2004 No. 25 s 972 ; 2006 No. 60 s 80 ; 2009 No. 16 s 37 ; 2014 No. 48 s 183 sch 1 (sec.57-ssec.1) The regulator may amend, cancel or suspend a distribution authority if— an event mentioned in subsection (2) has happened; and either— for immediate suspension—the procedure under section 58 is followed; or for cancellation or suspension other than immediate suspension—the procedure under subdivision 5 is followed. (sec.57-ssec.2) For subsection (1) , the event is that the distributor— obtained the authority because of a materially false or misleading declaration or representation, made orally or in writing; or is, or is likely to become, unsuitable to hold, or continue to hold, the authority, including, for example because of a contravention of any of the following by the distributor or, if the distributor is a corporation, any executive officer of, or substantial shareholder in, the corporation— this Act; the Petroleum and Gas (Production and Safety) Act or another relevant Act; a direction given under this Act, the Petroleum and Gas (Production and Safety) Act or another relevant Act; the authority; a distribution network code, in a material way; For criteria for deciding a material contravention, see section 270Q . the gas retail market procedures if AEMO decides under the National Gas (Queensland) Law , section 91MB , the contravention is a material breach of the procedures; or has contravened, or is contravening, section 41 ; or has used the authority for a purpose other than for a purpose for which it was issued. (sec.57-ssec.3) In deciding whether the distributor is a suitable person to hold, or continue to hold, the authority the regulator must have regard to the suitability criteria.