Australian Capital Territory
Utilities (Gas Restrictions) Regulation
2005
SL2005-8
made under the
Utilities Act 2000
Republication No 5
Effective: 14 October 2015
Republication date: 14 October 2015
Last amendment made by A2015-33
Authorised by the ACT Parliamentary Counsel
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About this republication
The republished law
This is a republication of the Utilities (Gas Restrictions) Regulation 2005, made under the
Utilities Act 2000 (including any amendment made under the Legislation Act 2001, part 11.3
(Editorial changes)) as in force on 14 October 2015. It also includes any commencement,
amendment, repeal or expiry affecting this republished law to 14 October 2015.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the
ACT legislation register at www.legislation.act.gov.au):
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made
by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).
The changes are made if the Parliamentary Counsel considers they are desirable to bring the law
into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M
appears immediately before the provision heading. The text of the modifying provision appears
in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $150 for
an individual and $750 for a corporation (see Legislation Act 2001, s 133).
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contents 1
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Australian Capital Territory
Utilities (Gas Restrictions) Regulation
2005
made under the
Utilities Act 2000
Contents
Page
Part 1 Preliminary
1 Name of regulation 2
3 Dictionary 2
4 Notes 2
5 Offences against regulation—application of Criminal Code etc 3
Part 2 Gas restriction scheme
6 Approved gas restriction scheme 4
7 Scope of gas restriction scheme 4
8 Public inspection of scheme documents 5
Contents
Page
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9 Declaration of gas restriction scheme 5
10 Utility may impose gas restriction measures 6
11 Reports on gas restrictions 6
12 State of emergency 7
Part 3 Enforcement
13 Meaning of gas restriction for pt 3 8
14 Contravening gas restrictions 8
15 Directions by authorised people 8
16 Contravening directions of authorised person 9
17 Ending unauthorised use of gas 9
18 Damage etc to be minimised 11
19 Immunity from liability 11
Dictionary 12
Endnotes
1 About the endnotes 13
2 Abbreviation key 13
3 Legislation history 14
4 Amendment history 15
5 Earlier republications 16
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Australian Capital Territory
Utilities (Gas Restrictions) Regulation
2005
made under the
Utilities Act 2000
Part 1 Preliminary
Section 1
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Part 1 Preliminary
1 Name of regulation
This regulation is the Utilities (Gas Restrictions) Regulation 2005.
3 Dictionary
The dictionary at the end of this regulation is part of this regulation.
Note 1 The dictionary at the end of this regulation defines certain terms used in
this regulation, and includes references (signpost definitions) to other
terms defined elsewhere.
For example, the signpost definition ‘emergency controller—see the
Emergencies Act 2004, dictionary’ means that the term ‘emergency
controller’ is defined in that dictionary and the definition applies to this
regulation.
Note 2 A definition in the dictionary (including a signpost definition) applies to
the entire regulation unless the definition, or another provision of the
regulation, provides otherwise or the contrary intention otherwise
appears (see Legislation Act, s 155 and s 156 (1)).
4 Notes
A note included in this regulation is explanatory and is not part of
this regulation.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of
notes.
Preliminary Part 1
Section 5
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5 Offences against regulation—application of Criminal
Code etc
Other legislation applies in relation to offences against this
regulation.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to all offences against this regulation
(see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms
used for offences to which the Code applies (eg conduct, intention,
recklessness and strict liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties
that are expressed in penalty units.
Part 2 Gas restriction scheme
Section 6
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Part 2 Gas restriction scheme
6 Approved gas restriction scheme
(1) The Minister may approve a scheme to restrict the use of gas (the
approved gas restriction scheme) if satisfied that the scheme is
necessary, if there is a shortage of gas, to—
(a) facilitate, as far as practicable, the provision of efficient,
reliable and sustainable gas services by utilities to consumers;
or
(b) protect the interests of consumers; or
(c) manage the safety and security of the gas network and the
supply of gas to the network; or
(d) protect public safety.
(2) The approved scheme is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the
Legislative Assembly, under the Legislation Act.
7 Scope of gas restriction scheme
(1) The Minister may approve a gas restriction scheme under section 6
only if the scheme provides for a range of restriction measures that
may be imposed under the scheme.
(2) An approved gas restriction scheme may include provision for a
utility to exempt a consumer from a gas restriction if the restriction
would cause the consumer serious detriment.
Gas restriction scheme Part 2
Section 8
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8 Public inspection of scheme documents
(1) The director-general must name a place where copies of a document
or documents setting out the approved gas restriction scheme may
be inspected.
(2) An instrument under subsection (1) is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act.
9 Declaration of gas restriction scheme
(1) The Minister may declare that an approved gas restriction scheme is
in force.
(2) The declaration must state—
(a) the restriction measures, including their duration or maximum
duration, that may be imposed under the scheme; and
(b) that a utility may, under section 10, impose those restriction
measures; and
(c) the period (not longer than 3 months) the declaration is in
force.
(3) To remove any doubt, the Minister may make more than
1 declaration in relation to an approved gas restriction scheme.
(4) A declaration is a notifiable instrument.
Note 1 A notifiable instrument must be notified under the Legislation Act.
Note 2 The power to make a declaration includes the power to repeal the
declaration (see Legislation Act, s 46).
Part 2 Gas restriction scheme
Section 10
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10 Utility may impose gas restriction measures
(1) A utility may, in writing, impose gas restriction measures under a
gas restriction scheme in force under section 9.
Note A power given under an Act to make a statutory instrument includes the
power to amend or repeal the instrument (see Legislation Act, s 46).
(2) The imposition must be in accordance with the approved gas
restriction scheme.
(3) As soon as possible after imposing gas restriction measures, the
utility must—
(a) ensure that notice of the imposition is broadcast in the ACT by
television or radio; and
(b) give notice of the imposition on the utility’s internet website;
and
(c) give public notice of the imposition.
Note Public notice means notice on an ACT government website or in a daily
newspaper circulating in the ACT (see Legislation Act, dict, pt 1).
(4) To remove any doubt, the utility may impose gas restriction
measures more than once under a gas restriction scheme in force
under section 9.
(5) A failure to comply with subsection (3) does not affect the validity
of the imposition.
11 Reports on gas restrictions
(1) The director-general may require a utility to give the
director-general reports about the effectiveness and operation of
restrictions imposed by the utility under an approved gas restriction
scheme.
Gas restriction scheme Part 2
Section 12
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(2) The requirement may include requirements about the content,
frequency and timing of reports.
(3) A utility must comply with the requirement.
12 State of emergency
Restrictions imposed under this regulation have effect subject to the
exercise of a function by an emergency controller under the
Emergencies Act 2004.
Part 3 Enforcement
Section 13
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Part 3 Enforcement
13 Meaning of gas restriction for pt 3
In this part:
gas restriction means a gas restriction measure imposed under
section 9 (Declaration of gas restriction scheme).
14 Contravening gas restrictions
(1) A person commits an offence if—
(a) the person is the occupier of premises; and
(b) gas is used on the premises in contravention of a gas
restriction; and
(c) the gas restriction has been notified under section 10 (Utility
may impose gas restriction measures).
Maximum penalty: 10 penalty units.
(2) An offence against this section is a strict liability offence.
(3) It is a defence to a prosecution for an offence against this section if
the defendant proves that the defendant did not know the gas
restriction had been imposed.
15 Directions by authorised people
(1) This section applies if an authorised person believes, on reasonable
grounds, that—
(a) gas has just been used, or is being used, on premises in
contravention of a gas restriction; or
(b) gas has been used on premises in contravention of a gas
restriction and that a further contravention is likely.
Enforcement Part 3
Section 16
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(2) The authorised person may give the occupier of the premises a
written direction to take action stated in the direction to ensure that
gas is used at the premises in accordance with the gas restriction.
(3) It is sufficient if the direction is addressed to ‘the occupier’ of the
premises.
(4) The direction may state a period in which the person must comply
with the direction.
(5) The direction may also be given—
(a) by leaving it in the letterbox at the premises; or
(b) by leaving it, secured conspicuously, at the premises.
Note For other ways in which the direction may be given, see the Legislation
Act, pt 19.5.
16 Contravening directions of authorised person
(1) A person commits an offence if—
(a) an authorised person has given the person a direction under
section 15; and
(b) the person contravenes the direction.
Maximum penalty: 10 penalty units.
(2) An offence against this section is a strict liability offence.
17 Ending unauthorised use of gas
(1) An authorised person may arrange to stop the supply of gas from the
gas network to premises if the person believes, on reasonable
grounds, that the occupier of the premises is contravening a
direction under section 15 (Directions by authorised people).
Part 3 Enforcement
Section 17
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(2) An authorised person may also arrange to stop the supply of gas
from the gas network to premises if the authorised person believes,
on reasonable grounds, that—
(a) gas is being used on the premises in contravention of a gas
restriction; and
(b) a direction under section 15 is unlikely to end the
contravention because, for example—
(i) the premises are unoccupied (whether temporarily or
permanently); or
(ii) after making reasonable inquiries, the authorised person
cannot find the occupier of the premises; or
(iii) the occupier is unlikely to comply with the direction; and
(c) the contravention is likely to continue unless action is taken
under this section.
Note An example is part of the regulation, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which
it appears (see Legislation Act, s 126 and s 132).
(3) The authorised person must give the occupier of the premises a
written notice stating that the supply of gas will be stopped.
(4) It is sufficient if the notice is addressed to ‘the occupier’ of the
premises.
(5) The notice may also be given—
(a) by leaving it in the letterbox at the premises; or
(b) by leaving it, secured conspicuously, at the premises.
Note For other ways in which the direction may be given, see the Legislation
Act, pt 19.5.
Enforcement Part 3
Section 18
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18 Damage etc to be minimised
(1) In the exercise, or purported exercise, of a function under this
regulation, an authorised person must take all reasonable steps to
ensure that the authorised person causes as little inconvenience,
detriment and damage as practicable.
(2) If an authorised person damages anything in the exercise, or
purported exercise, of a function under this regulation, the
authorised person must give written notice of the particulars of the
damage to the person whom the authorised person believes is the
owner of the thing.
(3) It is sufficient if the notice is addressed to ‘the occupier’ of the
premises where the damage happened.
(4) The notice may also be given—
(a) by leaving it in the letterbox at the premises where the damage
happened; or
(b) by leaving it, secured conspicuously, at those premises.
Note For other ways in which the direction may be given, see the Legislation
Act, pt 19.5.
19 Immunity from liability
(1) A utility, an authorised person, or anyone acting under the direction
of a utility, is not liable for anything done or omitted to be done
honestly—
(a) in the exercise of a function under this regulation; or
(b) in the reasonable belief that the act or omission was in the
exercise of a function under this regulation.
(2) Any liability that, apart from subsection (1), would attach to a
person attaches instead to the Territory.
Dictionary
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Dictionary
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this regulation.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
contravene
director-general (see s 163)
Minister (see s 162).
Note 3 Terms used in this regulation have the same meaning that they have in
the Utilities Act 2000 (see Legislation Act, s 148.) For example, the
following terms are defined in the Utilities Act 2000, dict:
authorised person
gas distributor
premises.
approved gas restriction scheme—see section 6.
emergency controller––see the Emergencies Act 2004, dictionary.
gas restriction, for part 3 (Enforcement)—see section 13.
utility means gas distributor.
Endnotes
About the endnotes 1
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished
law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The
details of these laws are underlined in the legislation history. Uncommenced
expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
3 Legislation history
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3 Legislation history
Utilities (Gas Restrictions) Regulation 2005 SL2005-8
notified LR 13 April 2005
s 1, s 2 commenced 13 April 2005 (LA s 75 (1))
remainder commenced 14 April 2005 (s 2)
as amended by
Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.76
notified LR 1 September 2009
s 1, s 2 commenced 1 September 2009 (LA s 75 (1))
sch 3 pt 3.76 commenced 22 September 2009 (s 2)
Emergencies Amendment Act 2010 A2010-17 sch 1 pt 1.3
notified LR 12 May 2010
s 1, s 2 commenced 12 May 2010 (LA s 75 (1))
sch 1 pt 1.3 commenced 20 August 2010 (s 2 and CN2010-8)
Administrative (One ACT Public Service Miscellaneous Amendments)
Act 2011 A2011-22 sch 1 pt 1.165
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))
sch 1 pt 1.165 commenced 1 July 2011 (s 2 (1))
Red Tape Reduction Legislation Amendment Act 2015 A2015-33
sch 1 pt 1.70
notified LR 30 September 2015
s 1, s 2 commenced 30 September 2015 (LA s 75 (1))
sch 1 pt 1.70 commenced 14 October 2015 (s 2)
Endnotes
Amendment history 4
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4 Amendment history
Commencement
s 2 om LA s 89 (4)
Dictionary
s 3 am A2010-17 amdt 1.9
Approved gas restriction scheme
s 6 am A2009-20 amdt 3.220
Public inspection of scheme documents
s 8 am A2009-20 amdt 3.220; A2011-22 amdt 1.459
Declaration of gas restriction scheme
s 9 am A2009-20 amdt 3.220
Utility may impose gas restriction measures
s 10 am A2009-20 amdt 3.218; A2015-33 amdt 1.245
Reports on gas restrictions
s 11 am A2011-22 amdt 1.460
State of emergency
s 12 am A2010-17 amdt 1.10
Contravening gas restrictions
s 14 am A2015-33 amdt 1.246
Dictionary
dict am A2009-20 amdt 3.219; A2010-17 amdt 1.11; A2011-22
amdt 1.461, amdt 1.462; A2015-33 amdt 1.247
def emergency controller ins A2010-17 amdt 1.12
def territory controller om A2010-17 amdt 1.13