31ESC cannot enforce certain gas distribution licence conditions that the AER can enforce

31 ESC cannot enforce certain gas distribution licence conditions that the AER can enforce S. 31(1) amended by No. 41/2021 s. 133. (1) On and after the day on which a revised gas distribution access arrangement that relates to pipeline services provided by a gas distribution company is deemed to be an AER approved full access arrangement, the ESC cannot make or serve a provisional order or a final order under section 53 of the **Essential Services Commission Act 2001**, as in force immediately before the commencement of section 6 of the **Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021**, in respect of a contravention or likely contravention by that gas distribution company of a condition of a distribution licence held by that company that requires that company to comply with— (a) a provision of the Gas Distribution System Code that relates to the economic regulation of distribution pipeline services; or (b) the Wimmera and Colac Tariff Order; or (c) ESC guideline No. 17. In relation to when a revised gas distribution access arrangement is deemed to be an AER approved full access arrangement, see section 25. S. 31(2)inserted by No. 11/2013 s. 24. (2) Subsection (1) does not apply to a contravention or likely contravention by a gas distribution company of a condition of the distribution licence held by that company that requires compliance with an ESC enforceable regulatory requirement.