Victorian Bills

[Index] [Search] [Download] [Related Items] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


GAS INDUSTRY (AMENDMENT) BILL 1997

                 PARLIAMENT OF VICTORIA

            Gas Industry (Amendment) Act 1997
                                 Act No.


                     TABLE OF PROVISIONS
Clause                                                      Page

PART 1--PRELIMINARY                                            1
  1.     Purpose                                               1
  2.     Commencement                                          2

PART 2--GAS INDUSTRY ACT 1994                                  3
  3.     Principal Act                                         3
  4.     Definitions                                           3
  5.     Amendment of section 30                               4
  6.     Domestic tariff                                       4
  7.     New sections 17-17H substituted                       4
         17.      Appointment of Administrators                4
         17A. Vacancy etc. in office of Administrator          5
         17B. Deputy Administrator                             5
         17C. Resignation and removal                          6
         17D. Functions and powers of Deputy                   6
         17E.     Staff of Administrator                       7
         17F.     Functions and powers of Administrator        7
         17G. Delegation                                       7
         17H. Directions                                       8
  8.     Repeal of sections 21 to 25                           8
  9.     New section 51A inserted                              9
         51A. Power to acquire easements                       9
  10.    Amendment of section 53                               9
  11.    Amendment of section 57                              10
  12.    New Part 6B inserted                                 10
         PART 6B--COMPETITION POLICY AUTHORISATION            10
         62M. Definitions                                     10
         62N. Assignment                                      16
         62O. Approval                                        19
         62P.     Application                                 19
  13.    Definitions                                          21
  14.    New sections 87B-87F inserted                        22
         87B. Closure of Gas and Fuel Superannuation Fund     22



                                     i
531156B.I1-22/4/97

 


 

Clause Page 87C. Provisions relating to transfer of members and beneficiaries 22 87D. Transfer of assets 22 87E. General provisions 23 87F. Payment of benefits 24 15. Regulations 25 16. New Part 14 inserted 25 PART 14--GAS SAFETY 25 Division 1--Office of Gas Safety 25 116. Establishment 25 117. Objectives of the Office 26 118. Functions 26 119. Powers 27 120. Committees 27 121. Delegation 28 122. Office consists of Director of Gas Safety 28 123. Appointment of Director of Gas Safety 28 124. Terms and conditions of appointment 29 125. Vacancies, resignations and removal from office 29 126. Acting appointments 29 127. Validity of decisions 30 128. Disclosure of interests 30 129. Corporate plan 31 130. Statement of corporate intent: contents 33 131. Office to act in accordance with corporate plan 33 132. Nothing void merely because of non-compliance 34 133. Protection from liability 34 134. Appointment of persons to assist Office 34 135. Improper use of information 34 136. Costs of Office 35 Division 2--Gas safety 35 137. General duties of gas company 35 138. Safety plans 36 139. Mandatory reporting of gas incidents 37 Division 3--Inspection and enforcement 37 140. Inspectors 37 141. Powers of entry 38 142. Emergency access 39 143. Powers on entry 39 144. Return of things seized 40 145. Magistrates' Court may extend period 41 146. Power of inspector to require information or documents 41 ii 531156B.I1-22/4/97

 


 

Clause Page 147. Copying of documents 42 148. Protection against self-incrimination 43 149. Director of Gas Safety may give directions 43 17. Repeal of Schedule 1 44 PART 3--OTHER ACTS 45 18. State Electricity Commission Act 1958 45 19. Repeal of Energy Consumption Levy Act 1982 45 20. Consequential amendments 45 21. Country Fire Authority Act 1958 46 NOTES 47 iii 531156B.I1-22/4/97

 


 

PARLIAMENT OF VICTORIA A BILL to amend the Gas Industry Act 1994 and the State Electricity Commission Act 1958, to repeal the Energy Consumption Levy Act 1982 and for other purposes. Gas Industry (Amendment) Act 1997 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY 1. Purpose The purpose of this Act is to make provision for the further restructure and reform of the gas 5 industry. 1 531156B.I1-22/4/97

 


 

Gas Industry (Amendment) Act 1997 s. 2 Act No. 2. Commencement (1) This Part comes into operation on the day on which this Act receives the Royal Assent. (2) The remaining provisions of this Act come into 5 operation on a day or days to be proclaimed. (3) If a provision referred to in sub-section (2) does not come into operation before 1 July 1998, it comes into operation on that day. _______________ 10 2 531156B.I1-22/4/97

 


 

Gas Industry (Amendment) Act 1997 s. 3 Act No. PART 2--GAS INDUSTRY ACT 1994 3. Principal Act No. 112/1994. In this Part, the Gas Industry Act 1994 is called Reprint No. 1 the Principal Act. as at 29 August 1996. 5 4. Definitions (1) In section 3 of the Principal Act, for the definition of "board" substitute-- ' "board", in relation to GASCOR or GTC, means the Administrator appointed under 10 section 17;'. (2) In section 3 of the Principal Act, the definition of "director" is repealed; (3) In section 3 of the Principal Act insert-- ' "chief executive officer", in relation to a gas 15 company, means the Administrator of the gas company; "gas incident" means any incident or event relating to the transmission, distribution, transportation, supply or use of gas which 20 causes or has the potential to cause-- (a) the death of or injury to a person; or (b) significant damage to property; or (c) a fire; "inspector" means a person appointed as an 25 inspector under Part 14; "Office" means the Office of Gas Safety established under Part 14;'. 3 531156B.I1-22/4/97

 


 

Gas Industry (Amendment) Act 1997 s. 5 Act No. 5. Amendment of section 30 In section 30 of the Principal Act, omit "of directors". 6. Domestic tariff 5 (1) In section 3 of the Principal Act, in the definition of "domestic tariff", after "section 32" insert "(3A)". (2) After section 32(3) of the Principal Act, insert-- "(3A) A gas company may, from time to time, by 10 notice published in the Government Gazette, give notice specifying a tariff as a domestic tariff and specifying the terms and conditions on which the gas company distributes or supplies gas to or transmits gas for 15 customers at that tariff.". 7. New sections 17-17H substituted For section 17 of the Principal Act substitute-- "17. Appointment of Administrators (1) There shall be-- 20 (a) an Administrator for the restructuring of GTC; and (b) an Administrator for the restructuring of GASCOR. (2) An Administrator shall be appointed by the 25 Treasurer after consultation with the Minister. (3) The term of office of an Administrator is the term, not exceeding 2 years, specified in the instrument of appointment, and the 30 Administrator is eligible for re-appointment. (4) Subject to this section, the terms and conditions of appointment of an 4 531156B.I1-22/4/97

 


 

Gas Industry (Amendment) Act 1997 s. 7 Act No. Administrator shall be set by the Treasurer after consultation with the Minister. (5) An Administrator is not subject to the Public Sector Management Act 1992 by reason 5 only of the appointment as Administrator. 17A. Vacancy etc. in office of Administrator (1) The office of an Administrator becomes vacant if the Administrator-- (a) becomes bankrupt, applies to take the 10 benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or 15 (b) is convicted of an indictable offence or of an offence that, if committed in Victoria, would be an indictable offence. (2) An Administrator may resign by writing 20 delivered to the Minister. (3) The Treasurer, after consultation with the Minister, may remove an Administrator from office. 17B. Deputy Administrator 25 (1) There shall be-- (a) a Deputy Administrator for GTC; and (b) a Deputy Administrator for GASCOR-- appointed by the Treasurer after consultation 30 with the Minister. (2) The term of office of a Deputy Administrator is the term, not exceeding 2 years, specified in the instrument of appointment, and the 5 531156B.I1-22/4/97

 


 

Gas Industry (Amendment) Act 1997 s. 7 Act No. Deputy Administrator is eligible for re- appointment. (3) Subject to this section, the terms and conditions of appointment of a Deputy 5 Administrator shall be set by the Treasurer after consultation with the Minister. (4) A Deputy Administrator is not subject to the Public Sector Management Act 1992 by reason only of appointment as Deputy 10 Administrator. 17C. Resignation and removal (1) A Deputy Administrator may resign by writing delivered to the Minister. (2) The Treasurer, after consultation with the 15 Minister, may remove a Deputy Administrator from office. 17D. Functions and powers of Deputy (1) A Deputy Administrator for GTC or GASCOR shall act as Administrator for 20 GTC or GASCOR, as the case requires-- (a) during a vacancy in the office of Administrator; and (b) during any period when the Administrator is absent or, for any 25 other reason, unable to perform the functions of Administrator-- but must not continue so to act for more than 6 months. (2) A Deputy Administrator-- 30 (a) when acting as Administrator, has and may exercise all the powers of the Administrator under this or any other Act; 6 531156B.I1-22/4/97

 


 

Gas Industry (Amendment) Act 1997 s. 7 Act No. (b) at any other time, has such powers of the Administrator under this or any other Act as are specified in the instrument of appointment or as are 5 delegated to the Deputy Administrator by the Administrator under section 17G. 17E. Staff of Administrator An Administrator may appoint or engage 10 such employees or other persons as are necessary for the performance of the Administrator's functions, on such terms and conditions of appointment or employment as are determined by the Administrator. 15 17F. Functions and powers of Administrator An Administrator of GTC or GASCOR-- (a) is responsible for the management of the affairs of GTC or GASCOR, as the case requires; and 20 (b) may exercise the powers of GTC or GASCOR, as the case requires; and (c) has any other functions and powers conferred on the Administrator under this or any other Act. 25 17G. Delegation An Administrator may, in writing, delegate to a person approved by the Minister any function or power of the Administrator under this or any other Act, other than this power 30 of delegation. 7 531156B.I1-22/4/97

 


 

Gas Industry (Amendment) Act 1997 s. 8 Act No. 17H. Directions (1) The Treasurer and the Minister, acting jointly, may from time to time, by written notice to an Administrator, give such 5 directions to the Administrator as the Treasurer or Minister think fit. (2) An Administrator must comply with a direction given under this section but an act or decision of the Administrator is not 10 invalid merely because of a failure to comply with such a direction. (3) An Administrator must keep a copy of each direction given under this section available for inspection at the office of the 15 Administrator during business hours, other than any direction, or part of a direction, that the Treasurer and the Minister have declared to be confidential. (4) An Administrator must include in the annual 20 report of GTC or GASCOR, as the case requires, under Part 7 of the Financial Management Act 1994 a brief summary, in a form approved by the Treasurer, of each direction given to the Administrator under 25 this section, together with a statement of the Administrator's response to the direction. (5) A notice containing a direction given under this section is an exempt document for the purposes of the Freedom of Information 30 Act 1982.". 8. Repeal of sections 21 to 25 Sections 21, 22, 23, 24 and 25 of the Principal Act are repealed. 8 531156B.I1-22/4/97

 


 

Gas Industry (Amendment) Act 1997 s. 9 Act No. 9. New section 51A inserted After section 51 of the Principal Act insert-- '51A. Power to acquire easements (1) A person to which this section applies may 5 recommend to the Minister the compulsory acquisition of an easement required by the person for or in connection with the construction or operation of a transmission pipeline or a distribution pipeline. 10 (2) The Land Acquisition and Compensation Act 1986 applies to this section and for that purpose-- (a) this Act is the special Act; (b) the Minister administering this Act is 15 the Authority. (3) Despite anything to the contrary in the Land Acquisition and Compensation Act 1986, section 109(2) of that Act does not apply to land acquired in accordance with this section 20 by the Minister administering this Act. (4) In this section-- "easement" includes right, charge, power or privilege in, under, over affecting or in connection with land; 25 "person to which this section applies" means a person authorised under section 40 to convey gas through transmission pipelines or distribution pipelines.'. 30 10. Amendment of section 53 (1) In section 53 of the Principal Act-- (a) omit "by its officers and employees,"; 9 531156B.I1-22/4/97

 


 

Gas Industry (Amendment) Act 1997 s. 11 Act No. (b) in sub-section (1B), omit "by its officers or employees"; (c) in sub-section (1C), omit "an officer or employee of"; 5 (d) in sub-section (1C)(c) for "condition in which the officer or employee found it" substitute "same condition as it was in before the exercise of the powers". (2) After section 53(3) of the Principal Act insert-- 10 "(4) A gas company may exercise its powers under this section by its officers or employees or by any other person authorised in writing by it or by the officers or employees of any such person." 15 11. Amendment of section 57 In section 57 of the Principal Act-- (a) for "any director," substitute "the board or an"; (b) for "any such director," substitute "the 20 board,". 12. New Part 6B inserted After Part 6A of the Principal Act, insert-- 'PART 6B--COMPETITION POLICY AUTHORISATION 25 62M. Definitions In this Part-- "BHP" means BHP Petroleum (Bass Strait) Pty Ltd or a body corporate related to it; 10 531156B.I1-22/4/97

 


 

Gas Industry (Amendment) Act 1997 s. 12 Act No. "Competition Code" has the same meaning as in the Competition Policy Reform (Victoria) Act 1995; "Esso" means Esso Australia Resources Ltd. 5 or a body corporate related to it; "gas supply contract" means-- (a) a contract for the supply of gas made between BHP and Esso as sellers and GASCOR as buyer 10 dated 20 November 1996; and (b) each and any variation to the contract described in paragraph (a) in accordance with the principles of the unwritten law 15 and, in the case of any variation to a specified exclusionary provision, a specified price provision, a specified terms provision, a specified acquisition 20 exclusivity provision, a specified supply exclusivity provision or a specified volume provision, as approved by the Minister; and (c) a contract or arrangement made or 25 understanding arrived at between-- (i) BHP, Esso and GASCOR; or (ii) GASCOR and either BHP or Esso-- 30 for the purpose of giving effect to, or incidental to, an obligation or right of one or more of the parties under the contract referred to in paragraph (a) or any variation to 11 531156B.I1-22/4/97

 


 

Gas Industry (Amendment) Act 1997 s. 12 Act No. that contract under and in accordance with paragraph (b); "specified acquisition exclusivity provision", in relation to a gas supply 5 contract, means a provision that comprises or includes a condition, whether direct or indirect and whether having legal or equitable force or not, that GASCOR will not, or will not 10 except to a limited extent, acquire gas directly or indirectly from a person who is or is likely to be or would be but for that provision, a competitor of BHP or a competitor of Esso or a competitor of 15 a body corporate related to either of them; "specified exclusionary provision", in relation to a gas supply contract, means a provision that-- 20 (a) has the purpose of preventing, restricting or limiting the acquisition of gas by GASCOR from particular persons or classes of persons or from particular 25 persons or classes of persons in particular circumstances or on particular conditions; or (b) has the purpose of preventing, restricting or limiting the supply 30 of gas by Esso or BHP severally to GASCOR or to GASCOR in particular circumstances or on particular conditions; or (c) has the purpose of preventing, 35 restricting or limiting the supply of gas-- 12 531156B.I1-22/4/97

 


 

Gas Industry (Amendment) Act 1997 s. 12 Act No. (i) by Esso and BHP jointly or by either or each of them severally to particular persons or classes of persons 5 (other than GASCOR) or to particular persons or classes of persons (other than GASCOR) in particular circumstances or on 10 particular conditions; or (ii) by GASCOR to particular persons, or particular persons or classes of persons in particular circumstances or 15 on particular conditions; "specified price provision" in relation to a gas supply contract, means a provision that has the purpose, or has or is likely to have the effect, of fixing, controlling 20 or maintaining or providing for the fixing, controlling or maintaining of the price for gas to be supplied by Esso and BHP jointly or either of them severally to GASCOR; 25 "specified supply exclusivity provision", in relation to a gas supply contract, means a provision that comprises or includes a condition, whether direct or indirect and whether having legal or 30 equitable force or not, that Esso and BHP jointly or either or each of them severally or GASCOR will not supply gas to any person or will not, or will not except to a limited extent, supply 35 gas to particular persons or classes of persons or to persons other than particular persons or classes of persons 13 531156B.I1-22/4/97

 


 

Gas Industry (Amendment) Act 1997 Act No. or in particular places 14 531156B.I1-22/4/97

 


 

Gas Industry (Amendment) Act 1997 s. 12 Act No. or classes of places or in places other than particular places or classes of places; "specified terms provision", in relation to a 5 gas supply contract, means a provision that provides for the supply of gas by Esso and BHP jointly or either of them severally to GASCOR upon identical or like or similar terms and conditions that 10 has the purpose, or would have or would be likely to have the effect, of substantially lessening competition within the meaning of section 45 of the Trade Practices Act and the 15 Competition Code; "specified volume provision", in relation to a gas supply contract, means a provision, not being a specified acquisition exclusivity provision or a 20 specified supply exclusivity provision, that provides for during or in respect of any particular period or series of particular periods-- (a) the acquisition by GASCOR from 25 Esso and BHP jointly or from either or each of them severally of a volume of gas that is specified, identifiable or capable of calculation; or 30 (b) the supply to GASCOR by Esso and BHP jointly or by either or each of them severally of a volume of gas that is specified, identifiable or capable of 35 calculation; or 15 531156B.I1-22/4/97

 


 

Gas Industry (Amendment) Act 1997 s. 12 Act No. (c) the payment by GASCOR to Esso and BHP jointly or to either or each of them severally of any amount of money for the reason 5 that GASCOR has not acquired or has not agreed to acquire from Esso and BHP jointly or from either or each of them severally (as the case may be) a volume of 10 gas that is specified, identifiable or capable of calculation-- and that has the purpose, or has or is likely to have the effect, of substantially lessening competition 15 within the meaning of section 45 of the Trade Practices Act and the Competition Code. "Trade Practices Act" means the Trade Practices Act 1974 of the 20 Commonwealth. 62N. Assignment (1) If GASCOR, Esso or BHP assigns the whole or any part or any combination of parts (not comprising the whole) of its rights under a 25 gas supply contract to a person or to persons, a reference to GASCOR, Esso or BHP (as the case requires) in this Part (except the definitions in this Part of "BHP", "Esso" or "GASCOR" and this section) shall be 30 construed from the time of that assignment to be-- (a) in the case where GASCOR, Esso or BHP assigns the whole of its rights under a gas supply contract, a reference 35 to that person or to those persons and to 16 531156B.I1-22/4/97

 


 

Gas Industry (Amendment) Act 1997 s. 12 Act No. a body corporate related to that person or to any of those persons; and (b) in the case where GASCOR, Esso or BHP assigns a part or combination of 5 parts (not comprising the whole) of its rights under a gas supply contract-- (i) in respect of the part or combination of parts assigned, a reference to that person or to those 10 persons and to a body corporate related to that person or to any of those persons; and (ii) in respect of the rights retained, a reference to GASCOR, Esso or 15 BHP (as the case requires). (2) Sub-section (1) applies to each and any assignment by a person or persons of the whole or any part or combination of parts (not comprising the whole) of the rights held 20 originally by GASCOR, Esso or BHP under a gas supply contract and held at that time by that person or those persons and in respect of which there has been a previous application of sub-section (1). 25 (3) For the purpose of this section-- (a) a reference to assignment and other grammatical forms of that word shall be read as a reference to assignment, conveyance, grant, transfer or novation 30 and for the other corresponding grammatical forms of each of those words; and (b) a reference to rights under a gas supply contract shall be read as a reference to 17 531156B.I1-22/4/97

 


 

Gas Industry (Amendment) Act 1997 Act No. rights, benefits, privileges or facilities under a gas supply contract. 18 531156B.I1-22/4/97

 


 

Gas Industry (Amendment) Act 1997 s. 12 Act No. 62O. Approval For the purposes of Part IV of the Trade Practices Act and of the Competition Code any thing done or other conduct engaged in 5 by any, all or some of GASCOR, BHP and Esso that is specified in section 62P as a thing or other conduct engaged in to which this section applies, is specifically authorised to be done during the period ending on 31 10 December 2010. 62P. Application Section 62O applies to the following things-- (a) attempting to make or making a gas 15 supply contract which contains a specified exclusionary provision; (b) attempting to give or giving effect to a specified exclusionary provision of a gas supply contract; 20 (c) attempting to make or making a gas supply contract which contains a specified terms provision; (d) attempting to give or giving effect to a specified terms provision of a gas 25 supply contract; (e) attempting to make or making a gas supply contract which contains a specified price provision; (f) attempting to give or giving effect to a 30 specified price provision of a gas supply contract; (g) attempting to make or making a gas supply contract which contains a specified volume provision; 19 531156B.I1-22/4/97

 


 

Gas Industry (Amendment) Act 1997 s. 12 Act No. (h) attempting to give or giving effect to a specified volume provision of a gas supply contract; (i) attempting to supply or attempting to 5 offer to supply or supplying or offering to supply gas to GASCOR pursuant to a gas supply contract which contains a specified acquisition exclusivity provision where the engaging by Esso 10 and BHP or either or each of them in that conduct has the purpose, or has or is likely to have the effect, of substantially lessening competition within the meaning of section 47 of the 15 Trade Practices Act and the Competition Code; (j) attempting to acquire or attempting to offer to acquire or acquiring or offering to acquire gas from Esso and BHP 20 jointly or from either or each of them severally pursuant to a gas supply contract which contains a specified supply exclusivity provision where the engaging by GASCOR in that conduct 25 has the purpose, or has or is likely to have the effect, of substantially lessening competition within the meaning of section 47 of the Trade Practices Act and the Competition 30 Code; (k) attempting to make or making a gas supply contract which contains a provision that gas is to be supplied jointly by Esso and BHP to GASCOR; 35 20 531156B.I1-22/4/97

 


 

Gas Industry (Amendment) Act 1997 s. 13 Act No. (l) attempting to give or giving effect to a provision of a gas supply contract that gas is to be supplied jointly by Esso and BHP to GASCOR.'. 5 13. Definitions In section 84 of the Principal Act insert the following definitions-- ' "approved superannuation fund" means a superannuation entity or a superannuation 10 fund within the meaning of section 10 of the Commonwealth Superannuation Industry (Supervision) Act 1993 which is-- (a) a complying superannuation fund or a complying approved deposit fund 15 within the meaning of Part IX of the Commonwealth Income Tax Assessment Act 1936; and (b) approved by the Minister by notice published in the Government Gazette as 20 the successor fund to the Gas and Fuel Superannuation Fund; "dissolution date" means the date fixed by the Minister by notice published in the Government Gazette as the dissolution date; 25 "transferred beneficiary" means a beneficiary in the Gas and Fuel Superannuation Fund who first became entitled to a pension or other benefit payable, or that would have been payable but for any requirements relating to 30 deferment or preservation, on or before the dissolution date but not paid as at the dissolution date or who becomes entitled after the dissolution date due to the death of the first beneficiary after the dissolution 35 date; 21 531156B.I1-22/4/97

 


 

Gas Industry (Amendment) Act 1997 s. 14 Act No. "transferred member" means an employee of GASCOR or GTC who is a member of the Gas and Fuel Superannuation Fund at the dissolution date.'. 5 14. New sections 87B-87F inserted After section 87A of the Principal Act insert-- "87B. Closure of Gas and Fuel Superannuation Fund (1) A person cannot become a member of the 10 Gas and Fuel Superannuation Fund on or after the dissolution date. (2) New contributions cannot be paid into the Gas and Fuel Superannuation Fund on or after the dissolution date. 15 87C. Provisions relating to transfer of members and beneficiaries (1) On the dissolution date a person who is a member or beneficiary of the Gas and Fuel Superannuation Fund is transferred to the 20 approved superannuation fund. (2) The consent of a member or beneficiary to his or her transfer under this section is not required. 87D. Transfer of assets 25 (1) The trustee of the Gas and Fuel Superannuation Fund must transfer the assets of the Gas and Fuel Superannuation Fund, other than any assets required to meet the expenses of winding up the Gas and Fuel 30 Superannuation Fund and any other liabilities incurred by the trustee for which the trustee is liable as a result of the dissolution, to the 22 531156B.I1-22/4/97

 


 

Gas Industry (Amendment) Act 1997 s. 14 Act No. approved superannuation fund in the manner and form and by the date specified in directions given under section 87E. (2) As soon as the assets have been transferred, 5 the assets form part of the approved superannuation fund. (3) The trustee of the Gas and Fuel Superannuation Fund is released from any liability in respect of the entitlements of 10 transferred members and beneficiaries as soon as the assets have been transferred. (4) No stamp duty or other tax is payable under any Act in respect of anything done under this section. 15 (5) The Gas and Fuel Superannuation Fund is dissolved on the dissolution date. 87E. General provisions (1) GASCOR may by instrument in writing give such directions to the trustees of the Gas and 20 Fuel Superannuation Fund as GASCOR considers necessary in relation to the dissolution of the Gas and Fuel Superannuation Fund. (2) Notwithstanding anything to the contrary in 25 the trust deed of the Gas and Fuel Superannuation Fund, the trustee must comply with any directions under sub- section (1). (3) The trust deed of the Gas and Fuel 30 Superannuation Fund is to be read and construed as if the provisions of section 87B to 87E formed part of the trust deed and if a provision of section 87B to 87E is inconsistent with a provision of the trust 35 deed, the provision of this Act prevails. 23 531156B.I1-22/4/97

 


 

Gas Industry (Amendment) Act 1997 s. 14 Act No. 87F. Payment of benefits (1) The approved superannuation fund must be one in which the assets transferred under section 87D are applied to secure the 5 provision of benefits in the following order. (2) First, in the payment of-- (a) pensions to transferred beneficiaries; (b) other benefits payable from the Gas and Fuel Superannuation Fund but not paid 10 as at the dissolution date; (c) any benefits that would have been paid or become payable from the Gas and Fuel Superannuation Fund as at the dissolution date but for any 15 requirements relating to deferment or preservation. (3) Secondly, in respect of each transferred member, in the payment of a benefit equal to the benefit which would have been payable 20 to the member had he or she voluntarily ceased employment in good health on the dissolution date. (4) Thirdly, in the payment of any other benefits that become payable on or after the 25 dissolution date to, or in respect of-- (a) transferred members; (b) employees of GASCOR or GTC or of a successor of GASCOR or GTC who became members of the approved 30 superannuation fund after the dissolution date.". 24 531156B.I1-22/4/97

 


 

Gas Industry (Amendment) Act 1997 s. 15 Act No. 15. Regulations (1) In section 102(1) of the Principal Act in paragraphs (d) and (e) after "gas fitting work" insert "or any work on any pipeline, installation, 5 facility or service relating to the transmission, distribution, supply or use of gas". (2) After section 102(1)(f) of the Principal Act insert-- "(fa) the safe conveyance, distribution and 10 transportation of gas whether through transmission pipelines, distribution pipelines or otherwise; (fb) the safe storage and use of gas; (fc) the safety of gas appliances which are 15 offered for sale or hire to the public, including the establishment or recognition of approval schemes by the Office with respect to gas appliances or classes of gas appliance; (fd) recall of unsafe gas appliances or classes of 20 gas appliance; (fe) fixing fees and charges in respect of any function or service carried out by the Office;". 16. New Part 14 inserted 25 After Part 13 of the Principal Act insert-- 'PART 14--GAS SAFETY Division 1--Office of Gas Safety 116. Establishment (1) There is established a body by the name 30 "Office of Gas Safety". 25 531156B.I1-22/4/97

 


 

Gas Industry (Amendment) Act 1997 s. 16 Act No. (2) The Office-- (a) is a body corporate with perpetual succession; (b) has an official seal; 5 (c) may sue and be sued; (d) may acquire, hold and dispose of real and personal property; (e) may do and suffer all acts and things that a body corporate may by law do 10 and suffer. (3) All courts must take judicial notice of the seal of the Office affixed to a document and, until the contrary is proved, must presume that it was duly affixed. 15 (4) The official seal of the Office must be kept in such custody as the Office directs and must not be used except as authorised by the Office. 117. Objectives of the Office 20 The objectives of the Office are-- (a) to ensure the safety of gas supply, transmission and distribution and use in gas installations; and (b) to control the gas safety standards of 25 gasfitting work in gas installations; and (c) to maintain public and industry awareness of gas safety requirements. 118. Functions The functions of the Office are-- 30 (a) to issue guidelines specifying minimum safety standards for gas appliances, gas equipment, gas components, gas 26 531156B.I1-22/4/97

 


 

Gas Industry (Amendment) Act 1997 s. 16 Act No. installations, gas related services and gas transmission, distribution and supply; (b) to monitor compliance of gas 5 appliances, gas equipment, gas components, gas installations, gas related services and gas transmission, distribution and supply with the specified safety standards; 10 (c) to investigate events or incidents which have implications for gas safety; (d) to provide advisory and consultative services in relation to gas safety; (e) to consult with and advise industry and 15 the community in relation to gas safety; (f) such other functions are as conferred on the Office by or under this Act or any other Act or the regulations under this Act. 20 119. Powers For the purpose of performing its functions, the Office-- (a) has such powers as are conferred on it by this or any other Act; and 25 (b) may do all other things necessary or convenient to be done for or in connection with, or as incidental to, the achievement of its objectives or the performance of its functions. 30 120. Committees (1) The Office may establish such committees as it determines. 27 531156B.I1-22/4/97

 


 

Gas Industry (Amendment) Act 1997 s. 16 Act No. (2) A committee established under sub-section (1) shall consist of-- (a) such officers or employees of the Office; and 5 (b) such other persons-- as the Office determines. (3) The Office must appoint one of the members of the committee as chairperson. (4) Except as otherwise provided by the 10 regulations, the procedure of a committee is in its discretion. 121. Delegation The Office may, by instrument under its official seal, delegate any function or power 15 of the Office, other than this power of delegation, to-- (a) an officer or employee of the Office; (b) a member of a committee appointed in accordance with this Part; 20 (c) with the consent of the Minister, another person. 122. Office consists of Director of Gas Safety The Office consists of the Director of Gas Safety. 25 123. Appointment of Director of Gas Safety (1) The Governor in Council, on the recommendation of the Minister, may appoint a person to be the Director of Gas Safety. 30 (2) The Public Sector Management Act 1992 (except Part 9) does not apply to the Director 28 531156B.I1-22/4/97

 


 

Gas Industry (Amendment) Act 1997 s. 16 Act No. of Gas Safety in respect of the office of Director of Gas Safety. 124. Terms and conditions of appointment (1) The Director of Gas Safety shall be 5 appointed for such term, not exceeding 5 years, as is specified in the instrument of appointment, but is eligible for re- appointment. (2) The Director of Gas Safety holds office, 10 subject to this Act, on such terms and conditions as are determined by the Minister. 125. Vacancies, resignations and removal from office (1) The Director of Gas Safety ceases to hold 15 office if he or she becomes bankrupt. (2) The Director of Gas Safety may resign by writing delivered to the Governor. (3) The Governor in Council may remove the Director of Gas Safety from office. 20 126. Acting appointments (1) The Governor in Council may appoint a person to act as Director of Gas Safety-- (a) during a vacancy in the office of the Director of Gas Safety; 25 (b) during any period, or during all periods, when the Director of Gas Safety is absent or, for any other reason, is unable to perform the functions of Director of Gas Safety-- 30 but a person appointed to act during a vacancy must not continue so to act for more than 6 months, unless re-appointed. 29 531156B.I1-22/4/97

 


 

Gas Industry (Amendment) Act 1997 s. 16 Act No. (2) An acting appointment shall be for the term and on the conditions determined by the Governor in Council. (3) The Governor in Council may at any time 5 terminate an acting appointment. (4) A person appointed under this section has all the powers, and may perform all the functions, of the person for whom he or she is acting. 10 127. Validity of decisions (1) An act or decision of the Office is not invalid merely because of a defect or irregularity in, or in connection with, the appointment of the Director of Gas Safety. 15 (2) Anything done by or in relation to a person purporting to act as Director of Gas Safety is not invalid merely because-- (a) the occasion for the appointment has not arisen; or 20 (b) there was a defect or irregularity in relation to the appointment; or (c) the appointment has ceased to have effect; or (d) the occasion for the person to act had 25 not arisen or had ceased. 128. Disclosure of interests (1) If the Director of Gas Safety has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the 30 Office, he or she must, as soon as practicable after the relevant facts come to his or her knowledge, disclose the nature of the interest to the Minister. 30 531156B.I1-22/4/97

 


 

Gas Industry (Amendment) Act 1997 s. 16 Act No. (2) Sub-section (1) does not apply if the interest is as a result of the supply of goods or services that are available to members of the public on the same terms and conditions. 5 (3) A failure to comply with this section does not affect the validity of any act or decision of the Office or the Director of Gas Safety. 129. Corporate plan (1) The Office must prepare a corporate plan 10 each year. (2) The Office must give a copy of the proposed plan to the Minister and the Treasurer on or before 31 May in each year. (3) The proposed corporate plan must be in or to 15 the effect of a form approved by the Minister and the Treasurer and must include-- (a) a statement of corporate intent in accordance with section 130. (b) a business plan containing such 20 information as the Treasurer or the Minister requires; (c) financial statements containing such information as the Treasurer requires. (4) The Office must consider any comments on 25 the proposed plan that are made to it by the Treasurer or the Minister within 2 months after the plan was submitted to the Treasurer and the Minister. (5) The Office must consult in good faith with 30 the Treasurer and the Minister following communication to it of the comments, must make such changes to the plan as are agreed between the Treasurer, the Minister and the Office and must deliver the completed plan 31 531156B.I1-22/4/97

 


 

Gas Industry (Amendment) Act 1997 s. 16 Act No. to the Treasurer and the Minister within 2 months after the commencement of the financial year. (6) The plan, or any part of the plan, must not be 5 published or made available except for the purposes of this Part without the prior approval of the Office, the Treasurer and the Minister. (7) The plan may be modified at any time by the 10 Office with the agreement of the Treasurer and the Minister. (8) If the Office, by written notice to the Treasurer and the Minister, proposes a modification of the plan, the Office may, 15 within 14 days, make the modification unless the Treasurer or Minister, by written notice to the Office, directs the Office not to make it. (9) The Treasurer or the Minister may, from 20 time to time, by written notice to the Office, direct the Office to include in, or omit from, a statement of corporate intent, a business plan or a financial statement of a specified kind, any specified matters. 25 (10) Before giving a direction under this section, the Treasurer and the Minister must consult with the Office as to the matters to be referred to in the notice. (11) The Office must comply with a direction 30 under this section. (12) At any particular time, the statement of corporate intent, the business plan or the financial statements for the Office are the 32 531156B.I1-22/4/97

 


 

Gas Industry (Amendment) Act 1997 s. 16 Act No. statements and plan last completed, with any modifications or deletions made in accordance with this Part. 130. Statement of corporate intent: contents 5 Each statement of corporate intent must specify for the Office, in respect of the financial year to which it relates and each of the 2 following financial years, the following information-- 10 (a) the objectives of the Office; (b) the nature and scope of the activities to be undertaken by the Office; (c) the accounting policies to be applied in the accounts; 15 (d) the performance targets and other measures by which the performance of the Office may be judged in relation to its stated objectives; (e) the kind of information to be provided 20 to the Treasurer and the Minister by the Office during the course of those financial years; (f) such other matters as may be agreed on by the Treasurer, the Minister and the 25 Office from time to time. 131. Office to act in accordance with corporate plan The Office must act only in accordance with its corporate plan, as existing from time to 30 time, unless it has first obtained the written approval of the Minister and the Treasurer to do otherwise. 33 531156B.I1-22/4/97

 


 

Gas Industry (Amendment) Act 1997 s. 16 Act No. 132. Nothing void merely because of non- compliance Nothing done by the Office is void or unenforceable merely because the Office has 5 failed to comply with this Part. 133. Protection from liability (1) The Director of Gas Safety is not personally liable for anything done or omitted to be done in good faith-- 10 (a) in the exercise of a power or the performance of a function of the Office; or (b) in the reasonable belief that the act or omission was in the exercise of a power 15 or the performance of a function of the Office. (2) Any liability resulting from an act or omission that, but for sub-section (1), would attach to the Director of Gas Safety attaches 20 instead to the Office. 134. Appointment of persons to assist Office (1) The Office may appoint or engage such employees or other persons as are necessary for the performance of its functions. 25 (2) The terms and conditions of appointment or engagement are as determined by the Office. 135. Improper use of information A person who is, or has been, Director of Gas Safety or an employee, agent or 30 contractor of the Office, must not make improper use of any information acquired only in the course of his or her duties to obtain directly or indirectly any pecuniary or 34 531156B.I1-22/4/97

 


 

Gas Industry (Amendment) Act 1997 s. 16 Act No. other advantage for himself or herself or for any other person. Penalty: 50 penalty units. 136. Costs of Office 5 Any person entitled or authorised under this Act to distribute gas in the State must pay to the Office at such time or times as the Minister determines such annual amount as the Minister determines in respect of the 10 remuneration and reasonable costs and expenses of the Office and the Director of Gas Safety. Division 2--Gas safety 137. General duties of gas company 15 A gas company must manage and operate any pipeline, installation, facility or service relating to the transmission, distribution or supply of gas by the company as far as practicable-- 20 (a) to provide for the safety of the public and customers; and (b) to prevent damage to property of the public and customers; and (c) to ensure that the prescribed 25 requirements relating to gas odorisation, purity, temperature and pressure are maintained so that the gas can be conveyed and used safely; and (d) to ensure that customers are supplied 30 with gas that complies with the prescribed requirements relating to pressure, odour, wobbe index, purity and gas quality; and 35 531156B.I1-22/4/97

 


 

Gas Industry (Amendment) Act 1997 s. 16 Act No. (e) to minimise the risks to safety of-- (i) interruptions to the conveyance, transportation or supply of gas; and 5 (ii) the reinstatement of an interrupted gas supply. 138. Safety plans (1) A gas company must submit to the Office for approval, a plan setting out the safety 10 management policies and procedures being taken or to be taken by the gas company-- (a) to comply with its duties under section 137; and (b) in relation to any other matters relating 15 to the safe transmission, distribution or supply of gas that are prescribed. (2) The safety plan for a pipeline, installation, facility or service existing immediately before the commencement of section 16 of 20 the Gas Industry (Amendment) Act 1997 must be submitted within 2 months after that commencement. (3) The safety plan for any other pipeline, installation, facility or service must be 25 submitted and approved before the pipeline, installation, facility or service commences operation. (4) Subject to this section and any requirements specified in the regulations, the Office may 30 determine the procedures that are to apply in respect of the contents, submission and approval of safety plans. 36 531156B.I1-22/4/97

 


 

Gas Industry (Amendment) Act 1997 s. 16 Act No. (5) A gas company must comply with an approved safety plan in relation to the management and operation of any pipeline, installation, facility or service relating to the 5 transmission, distribution or supply of gas to which the plan applies. 139. Mandatory reporting of gas incidents (1) A gas company must report to the Office of Gas Safety any gas incident which occurs in 10 relation to any pipeline, installation, facility or service of the gas company. (2) The Chief Officer of the Metropolitan Fire and Emergency Services and the Chief Officer under the Country Fire Authority 15 Act 1958 must report to the Office of Gas Safety any fire in which he or she suspects gas was a cause or contributing factor. Division 3--Inspection and enforcement 140. Inspectors 20 (1) The Director of Gas Safety may appoint an officer or employee of the Office of Gas Safety to be an inspector for the purpose of this Act. (2) The Director of Gas Safety must give an 25 identification card to each officer and employee who is appointed an inspector. (3) The identification card-- (a) must be signed by the Director of Gas Safety; and 30 (b) bear a photograph and the signature of the officer or employee. 37 531156B.I1-22/4/97

 


 

Gas Industry (Amendment) Act 1997 s. 16 Act No. (4) An inspector must, in the course of performing his or her functions under this Act, produce his or her identification card to any person who requests its production. 5 (5) In this section, "officer or employee" includes an agent or contractor of a gas company authorised by the gas company to carry out certain functions. 141. Powers of entry 10 (1) An inspector may exercise powers under this section only to the extent that it is reasonably necessary to do so for the purpose of investigating any gas incident or determining the safety or compliance with this Act and 15 the regulations of any pipeline installation, facility or service relating to the transmission, distribution, supply or use of gas. (2) Subject to this section, an inspector with any 20 assistants the inspector considers necessary may enter any premises (including any caravan, mobile home and vessel). (3) Except in an emergency, an inspector may-- (a) enter a residence only between 8 a.m. 25 and 6 p.m.; and (b) enter any other premises at any reasonable time. (4) In carrying out an inspection under this section, an inspector must-- 30 (a) cause as little harm and inconvenience or damage as possible; and (b) not remain on the premises any longer than is reasonably necessary; and 38 531156B.I1-22/4/97

 


 

Gas Industry (Amendment) Act 1997 s. 16 Act No. (c) leave the premises as nearly as possible in the same condition as it was found prior to the inspection being carried out. 5 (5) An inspector may not exercise any powers under this section if the inspector fails to produce, on request, his or her identity card for inspection by the occupier of the premises. 10 142. Emergency access (1) An inspector may enter any premises (including any caravan, mobile home and vessel) at any time in an emergency if there is a threat to the safety of persons or property 15 arising from a situation relating to gas. (2) If an inspector exercises a power of entry under this section, without the owner or occupier being present, the inspector must, on leaving the premises, leave a notice 20 setting out-- (a) the time of entry; and (b) the purpose of entry; and (c) a description of all things done while on the premises; and 25 (d) the time of departure; and (e) the procedure for contacting the Office of Gas Safety for further details of the entry. 143. Powers on entry 30 (1) On exercising a power of entry under this Division, an inspector may-- (a) search the premises and anything found at the premises; 39 531156B.I1-22/4/97

 


 

Gas Industry (Amendment) Act 1997 s. 16 Act No. (b) inspect and take photographs (including video recordings), or make sketches, of the premises or anything at the premises; 5 (c) inspect, and make copies of, or take extracts from, any document kept at the premises; (d) seize anything at the premises the inspector believes on reasonable 10 grounds that it is necessary to seize in order to prevent its concealment, loss or destruction; (e) examine, test and, if necessary, disconnect, seize and remove or 15 otherwise make safe any gas appliance, gas installation, gas pipe, gas fitting, apparatus, or equipment that the inspector considers unsafe, or does not comply with this Act or the regulations 20 or was involved in a gas incident. (2) If an inspector is unable to ascertain the identity of the owner or custodian of anything seized, the inspector must leave a receipt with, or post it to, the owner of the 25 premises from which the thing was seized. 144. Return of things seized (1) If an inspector seizes a thing under section 143, the inspector must take reasonable steps to return the thing to the person from whom 30 it was seized if the reason for its seizure no longer exists. (2) If the thing has not been returned within 3 months after it is seized, the inspector must take reasonable steps to return it unless-- 40 531156B.I1-22/4/97

 


 

Gas Industry (Amendment) Act 1997 s. 16 Act No. (a) proceedings have commenced and those proceedings (including any appeal) have not been completed; or (b) a court makes an order under section 5 145 extending the period of 3 months. 145. Magistrates' Court may extend period (1) An inspector may apply to the Magistrates' Court before the expiration of the period referred to in section 144 or within a period 10 extended by the Court under this section for an extension of that period. (2) The Magistrates' Court may order such an extension if satisfied that retention of the thing is necessary-- 15 (a) for the purposes of an investigation into whether an offence has been committed; or (b) to enable evidence of an offence to be obtained for the purposes of a 20 prosecution. (3) The Court may adjourn an application to enable notice of the application to be given to any person. 146. Power of inspector to require information 25 or documents (1) An inspector who-- (a) exercises a power of entry under this Division; and (b) produces his or her identity card for 30 inspection by a person-- may, to the extent that it is reasonably necessary for the purposes set out in section 141(1) and 142(1), require the person to give 41 531156B.I1-22/4/97

 


 

Gas Industry (Amendment) Act 1997 s. 16 Act No. information to the inspector, to produce documents to the inspector and to give reasonable assistance to the inspector. (2) A person must not refuse or fail, without 5 reasonable excuse, to comply with a requirement made under sub-section (1). Penalty: (a) in the case of a corporation, 1000 penalty units; 10 (b) in any other case, 100 penalty units. (3) A person must not-- (a) give information that the person knows to be false or misleading in a material particular; or 15 (b) produce a document that the person knows to be false or misleading in a material particular without indicating the respect in which it is false or misleading and, if practicable, 20 providing correct information. Penalty: (a) in the case of a corporation, 1000 penalty units; (b) in any other case, 100 penalty units. 25 147. Copying of documents If a person produces a document to an inspector in accordance with a requirement under section 146, the inspector may make copies of, or take extracts from, the 30 document. 42 531156B.I1-22/4/97

 


 

Gas Industry (Amendment) Act 1997 s. 16 Act No. 148. Protection against self-incrimination A natural person may refuse or fail to give information, produce a document or do any other thing that the person is required to do 5 by or under this Act if the giving of the information, the production of the document or the doing of that other thing would tend to incriminate the person. 149. Director of Gas Safety may give directions 10 (1) The Director of Gas Safety may, in writing, direct a gas company-- (a) to cease the supply of gas to a gas installation, facility, service, appliance or equipment; or 15 (b) disconnect a gas installation from the gas supply-- if the Director of Gas Safety considers that it is necessary to do so for safety reasons. (2) The Director of Gas Safety may, in writing, 20 direct a person-- (a) to cease to use a particular gas installation, facility, service, appliance or equipment; or (b) to make safe a gas installation or 25 appliance; or (c) to do any other thing necessary to make an emergency situation safe-- if the Director of Gas Safety is satisfied that it is necessary to issue the directions for 30 safety reasons. 43 531156B.I1-22/4/97

 


 

Gas Industry (Amendment) Act 1997 s. 17 Act No. (3) A person must comply with a direction under this section that applies to the person. Penalty: (a) in the case of a corporation, 1000 5 penalty units; and (b) in any other case, 100 penalty units.'. 17. Repeal of Schedule 1 Schedule 1 to the Principal Act is repealed. _______________ 10 44 531156B.I1-22/4/97

 


 

Gas Industry (Amendment) Act 1997 s. 18 Act No. PART 3--OTHER ACTS 18. State Electricity Commission Act 1958 After section 12B(1)(d) of the State Electricity Commission Act 1958 insert-- 5 "(e) to carry out such functions as the Minister directs in relation to the restructure or reform of the gas industry.". 19. Repeal of Energy Consumption Levy Act 1982 (1) The Energy Consumption Levy Act 1982 is 10 repealed. (2) Despite its repeal by sub-section (1), the Energy Consumption Levy Act 1982 continues to apply in respect of energy consumption levy in relation to a billing period that commenced before the 15 commencement of this section. (3) For the purposes of this section, a billing period under the Energy Consumption Levy Act 1982 that commenced before and, but for this sub- section, would not end before, the commencement 20 of this section, is deemed to have ended immediately before that commencement. 20. Consequential amendments (1) In section 3(1) of the Administrative Appeals Tribunal Act 1984, in the definition of "taxing 25 Act", omit "the Energy Consumption Levy Act 1982,". (2) In section 4(1) of the Evidence (Commissions) Act 1982, paragraph (ba) is repealed. (3) In section 21 of the Loy Yang B Act 1992, sub- 30 section (3) is repealed. (4) In section 137Q of the Stamps Act 1958, paragraph (f) is repealed. 45 531156B.I1-22/4/97

 


 

Gas Industry (Amendment) Act 1997 s. 21 Act No. (5) In the Taxation (Interest on Overpayments) Act 1986-- (a) in section 3(1)-- (i) in the definition of "objection", 5 paragraph (b) is repealed; (ii) in the definition of "relevant Commissioner", paragraph (b) is repealed; (iii) in the definition of "relevant tax", 10 paragraph (b) is repealed; (b) in section 5(2)-- (i) in the definition of "relevant Act", paragraph (b) is repealed; (ii) in the definition of "secrecy 15 provisions", paragraph (b) is repealed. (6) In section 3(1) of the Taxation (Reciprocal Powers) Act 1987, in the definition of "State taxation Act", paragraph (e) is repealed. 21. Country Fire Authority Act 1958 20 In section 32(2) of the Country Fire Authority Act 1958 after "Electricity Industry Act 1993" insert "or gas company within the meaning of the Gas Industry Act 1994 or person authorised under section 40 of the Gas Industry Act 1994". 25 46 531156B.I1-22/4/97

 


 

Gas Industry (Amendment) Act 1997 Notes Act No. NOTES By Authority. Government Printer for the State of Victoria. 47 531156B.I1-22/4/97

 


 

 


[Index] [Search] [Download] [Related Items] [Help]