16ARegulations

16A Regulations (1) The Governor in Council may make regulations for or with respect to the following— (a) prescribing a provision of the declared system provisions to be— (i) a civil penalty provision; or (ii) a conduct provision; S. 16A(1)(b) amended by No. 10/2026 s. 4(a). (b) prescribing a civil penalty for a breach of a declared system provision that is prescribed to be a civil penalty provision; S. 16A(1)(c) inserted by No. 10/2026 s. 4(b). (c) prescribing the provisions of Orders under section 58B to be enforceable provisions for the purposes of section 58H. The terms ***declared system provisions***, ***civil penalty provision*** and ***conduct provision*** are defined in the National Gas (Victoria) Law. (2) The regulations may— (a) be of general or limited application; (b) differ according to differences in time, place or circumstances; (c) confer a discretionary authority or impose a duty on a specified person or a specified class of person. Part 5—Specific Victorian transitional arrangements Division 1—Interpretation 17 Definitions In this Part— ***Access Code*** means the Code within the meaning of the Gas Pipelines Access (Victoria) Law; ***AER approved full access arrangement*** means a full access arrangement approved by the AER under the Rules; ***designated distribution pipeline*** means a designated pipeline that is a distribution pipeline; The National Gas (Victoria) Regulations prescribe which pipelines in Victoria are designated pipelines. ***distribution licence*** means a licence issued under section 26 of the **Gas Industry Act 2001** that authorises the holder of the licence to provide distribution pipeline services; ***distribution pipeline service*** means a service (other than the sale of gas by retail) provided by means of a GIA distribution pipeline; S. 17 def. of *ESC enforceable regulatory requirement* inserted by No. 11/2013 s. 20. ***ESC enforceable regulatory requirement*** means a relevant gas distribution system law or instrument, or a provision of a relevant gas distribution system law or instrument, specified under an Order under section 20A; ***ESC guideline No. 17*** means the document entitled "Gas Industry Guideline No. 17 Regulatory Accounting Information Requirements" published on 13 July 2005 by the ESC as that guideline is amended and in force from time to time; S. 17 def. of *Essential Services Commission* or *ESC* repealed by No. 23/2009 s. 19. ** * * * ** ***gas distribution access arrangement revision decision*** means a final decision of the relevant Regulator under section 2.41 or 2.42 of the Access Code; ***gas distribution access arrangement under review*** means an access arrangement that relates to the provision of pipeline services provided by a relevant Victorian service provider by means of an old access law distribution pipeline— (a) in relation to which a review has been commenced under section 2 of the Access Code before the NGL commencement day; and (b) in respect of which a gas distribution access arrangement revision decision has not been made before that day; ***gas distribution company*** has the same meaning as in the **Gas Industry Act 2001**; ***Gas Distribution System Code*** means the document entitled "Gas Distribution System Code", version 8.1, published by the ESC on 28 March 2007, as that Code is amended and in force from time to time; ***gas distribution system regulatory duty*** has the meaning given by section 18; ***gas distribution system regulatory function or power*** has the meaning given by section 19; ***Gas Pipelines Access (Victoria) Law*** means the Gas Pipelines Access (Victoria) Law as in force immediately before the NGL commencement day; ***GIA distribution pipeline*** means a distribution pipeline within the meaning of the **Gas Industry Act 2001**; ***NGL commencement day*** means the day on which section 39 comes into operation; ***old access law distribution pipeline*** means a distribution pipeline within the meaning of the Gas Pipelines Access (Victoria) Law; ***relevant appeals body*** has the same meaning as in the Gas Pipelines Access (Victoria) Law; ***relevant gas distribution system*** ***law or instrument*** means— (a) the **Essential Services Commission Act 2001** (to the extent to which that Act relates to the economic regulation of distribution pipeline services provided by a gas distribution company); or (b) the **Gas Industry Act 2001** (to the extent to which that Act relates to the economic regulation of distribution pipeline services provided by a gas distribution company); or (c) a specified Gas Distribution System Code provision; or (d) until the specified day, ESC guideline No. 17; or (e) the Wimmera and Colac Tariff Order; ***relevant Regulator*** has the same meaning as in the Gas Pipelines Access (Victoria) Law; Under the Gas Pipelines Access (Victoria) Law, the Essential Services Commission, as the local Regulator, was the relevant Regulator in relation to distribution pipelines situated wholly within Victoria or most closely connected with Victoria. ***relevant Victorian service provider*** means— (a) the entity or entities that trade either together or separately as "SP AusNet" including but not limited to SPI Networks (Gas) Pty Ltd (ABN 43 086 015 036); or (b) the entities Envestra Victoria Pty Ltd (ACN 085 882 373) and Vic Gas Distribution Pty Ltd (ACN 085 899 001); or (c) the entities Multinet Gas (DB No. 1) Pty Ltd (ACN 086 026 986) and Multinet Gas (DB No. 2) Pty Ltd (ACN 086 230 122) trading as Multinet Gas Distribution Partnership; ***revised gas distribution access arrangement*** means an access arrangement in respect of which a gas distribution access arrangement revision decision referred to in section 23 or 24 has been or is made; ***specified day*** means 1 January 2011; ***specified Gas Distribution System Code* *provision*** means a provision specified under an Order under section 20; ***Wimmera and Colac Tariff Order*** means the Wimmera and Colac Gas Supply Tariff Order 1998 published in the Government Gazette on 17 December 1998 as that Order is amended and in force from time to time.