Section 1 - National Gas (Victoria) (Declared System Provisions) Regulations 2024 - National Gas (Victoria) (Declared System Provisions) Regulations 2024 | Zoe
National Gas (Victoria) (Declared System Provisions) Regulations 2024
S.R. No. 25/2024
Version incorporating amendments as at
17 December 2024
TABLE OF PROVISIONS
Regulation Page
1 Objective 1
2 Authorising provision 1
3 Revocation 1
4 Class A civil penalty provisions and civil penalties 1
4A Class B civil penalty provisions and civil penalties 2
4B Class C civil penalty provisions and civil penalties 2
5 Conduct provisions 2
Schedule 1—Civil penalty provisions 3
Schedule 2—Conduct provisions 4
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Endnotes 8
1 General information 8
2 Table of Amendments 10
3 Explanatory details 11
Version No.002
National Gas (Victoria) (Declared System Provisions) Regulations 2024
S.R. No. 25/2024
Version incorporating amendments as at
17 December 2024
1 Objective
The objective of these Regulations is to prescribe, for the purposes of the National Gas (Victoria) Law—
(a) certain provisions of the National Gas Rules to be—
(i) a civil penalty provision; or
(ii) a conduct provision; and
(b) a civil penalty for a breach of a provision of the National Gas Rules that is a declared system provision and prescribed to be a civil penalty provision.
2 Authorising provision
These Regulations are made under section 16A of the National Gas (Victoria) Act 2008.
3 Revocation
The National Gas (Victoria) (Declared System Provisions) Regulations 2014[1] are revoked.
Reg. 4 substituted by S.R. No. 137/2024 reg. 4.
4 Class A civil penalty provisions and civil penalties
A provision of the National Gas Rules that is a declared system provision and specified in Column 2 of an item in Table 1 of Schedule 1 is prescribed to be a civil penalty provision and the civil penalty prescribed for the purposes of that provision is the amount specified in section 3A(1)(a)(i) or (ii) of the National Gas (Victoria) Law, as indexed in accordance with clause 47A of Schedule 2 to that Law.
Reg. 4A inserted by S.R. No. 137/2024 reg. 4.
4A Class B civil penalty provisions and civil penalties
A provision of the National Gas Rules that is a declared system provision and specified in Column 2 of an item in Table 2 of Schedule 1 is prescribed to be a civil penalty provision and the civil penalty prescribed for the purposes of that provision is the amount specified in section 3A(1)(b)(i) or (ii) of the National Gas (Victoria) Law, as indexed in accordance with clause 47A of Schedule 2 to that Law.
Reg. 4B inserted by S.R. No. 137/2024 reg. 4.
4B Class C civil penalty provisions and civil penalties
A provision of the National Gas Rules that is a declared system provision and specified in Column 2 of an item in Table 3 of Schedule 1 is prescribed to be a civil penalty provision and the civil penalty prescribed for the purposes of that provision is the amount specified in section 3A(1)(c)(i) or (ii) of the National Gas (Victoria) Law, as indexed in accordance with clause 47A of Schedule 2 to that Law.
5 Conduct provisions
A provision of the National Gas Rules that is a declared system provision and specified in Column 2 of an item in Schedule 2 is prescribed to be a conduct provision.
Sch. 1 substituted by S.R. No. 137/2024 reg. 5.
Schedule 1—Civil penalty provisions
Table 1—Class A civil penalty provisions
Column 1<br>Item
Column 2<br>Declared system provision
1
rule 326A(2)
Table 2—Class B civil penalty provisions
Column 1<br>Item
Column 2<br>Declared system provision
1
rule 289E(7)
Table 3—Class C civil penalty provisions
Column 1<br>Item
Column 2<br>Declared system provision
1
rule 260(5)
2
rule 289E(1)
3
rule 289E(3)
4
rule 289E(4)
5
rule 290A(3)
6
rule 293(5)
7
rule 293(6)
8
rule 293(7)
9
rule 317B(3)
10
rule 317B(7)
Sch. 2 amended by S.R. No. 137/2024 reg. 6.
Schedule 2—Conduct provisions
Column 1<br>Item
Column 2<br>Declared system provision
1
rule 211(1)(a)
2
rule 211(2)
3
rule 213(2)
4
rule 213(4)
5
rule 216(1)
6
rule 216(2)
7
rule 219
8
rule 225(5)
9
rule 229(4)
10
rule 229(5)
11
rule 229(7)
12
rule 229(8)
13
rule 233(2)
14
rule 242(2)
15
rule 243(1)
16
rule 246
17
rule 250(4)
18
rule 254(1)
19
rule 259(4)
20
rule 260(5)
21
rule 263(2)
22
rule 268
23
rule 270
24
rule 272(1)
25
rule 272(5)
26
rule 273(2)
27
rule 273(4)
28
rule 275(1)
29
rule 275(2)
30
rule 275(5)
31
rule 279(2)
32
rule 280(1)
33
rule 281(5)
33A
rule 286B(5)
34
rule 289(1)
35
rule 289(4)
35A
rule 289A(1)
35B
rule 289A(2)
35C
rule 289E(5)
35D
rule 289E(7)
35E
rule 289F(1)
35F
rule 289F(2)
35G
rule 289F(4)
36
rule 290
37
rule 291
38
rule 292(5)
38A
rule 293(2)
38B
rule 293(3)
38C
rule 293(8)
39
rule 294(2)
40
rule 295
41
rule 296
42
rule 300
43
rule 301
44
rule 302
45
rule 303(1)
46
rule 303(2)
46A
rule 303(2A)
47
rule 303(3)
48
rule 303(4)
49
rule 303(5)
50
rule 304
51
rule 305
52
rule 306(1)
53
rule 307
54
rule 308(2)
55
rule 308(3)
56
rule 308(5)
57
rule 308(6)
58
rule 309(1)
59
rule 309(2)
60
rule 309(4)
61
rule 312(5)
62
rule 312(6)
63
rule 312(7)
63A
rule 317A(4)
63B
rule 317B(3)
63C
rule 317B(7)
64
rule 324(1)
65
rule 324(3)
66
rule 324(4)
67
rule 324(5)
68
rule 326(3)
69
rule 326(6)
70
rule 327(1)
71
rule 328(2)
72
rule 329(1)
73
rule 333(2)
74
rule 334
75
rule 335
76
rule 337
77
rule 338
78
rule 339(3)
79
rule 341(3)
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The National Gas (Victoria) (Declared System Provisions) Regulations 2024, S.R. No. 25/2024 were made on 16 April 2024 by the Governor in Council under section 16A of the National Gas (Victoria) Act 2008, No. 30/2008 and came into operation on 16 April 2024.
The National Gas (Victoria) (Declared System Provisions) Regulations 2024 will sunset 10 years after the day of making on 16 April 2034 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the National Gas (Victoria) (Declared System Provisions) Regulations 2024 by statutory rules, subordinate instruments and Acts.