Victorian Numbered Acts Victorian Numbered ActsSee:
Act
No.
31/2001.
Reprint
No. 3
as
at
11 October 2006 and amending
Act Nos 61/2005 and
35/2007.
LawToday:
www.
legislation.
vic.gov.au
After section 51 of the Gas Industry Act 2001 insert —
In this Division—
defaulting licensee has the meaning given by section 51D(5);
"gas distribution services" means services provided by means of a distribution pipeline;
"insolvency official" means an administrator, liquidator, provisional liquidator, receiver or receiver and manager;
"MIRN "means the unique identifier for a gas metering installation allocated and registered under retail gas market rules developed by VENCorp under section 62, or a gas distribution company under section 63, and approved by the Commission under section 65 that are in effect;
"network tariff code" means the descriptor assigned by a gas distribution company to its charges for gas distribution services or charges for classes of gas distribution services that it supplies;
related relevant customer information has the meaning given by section 51B;
"relevant customer" means a person, or a member of a class of persons, to whom an Order under section 51C(1) applies;
"relevant customer information" means the following information—
(a) the name and contact details of a relevant customer; and
(b) the address of a relevant customer for gas billing purposes; and
(c) the address of a relevant customer at which the relevant customer is supplied gas if that address is different from the address for gas billing purposes; and
(d) the MIRN for the gas metering installation at the supply point at which a relevant customer is supplied gas; and
(e) the network tariff code or network tariff codes relating to the gas distribution services supplied by a gas distribution company to enable a relevant customer to be supplied gas; and
(f) details of a relevant customer's average monthly gas consumption at premises where the relevant customer is supplied gas, calculated on the basis of that customer's monthly gas consumption at the premises in the 12 months immediately prior to the occurrence of the trigger event; and
(g) information evidencing whether a relevant customer is an eligible beneficiary (within the meaning of the State Concessions Act 2004 ); and
(h) details of any continuous supply arrangements for a relevant customer who requires that kind of supply because of a medical condition;
"relevant customer information notice "means a notice given under section 51G(2) or (3);
"specified relevant customer information" means relevant customer information specified in a notice under section 51G(2) or (3);
supplier of last resort means a licensee who—
(a) holds a licence the conditions of which are subject to a requirement of the kind specified in section 51D(1); and
(b) by operation of section 51D(5), is obliged to supply or sell gas to a relevant customer in accordance with that requirement;
"trigger event" means an event specified in section 51D(5)(a) or (b).
Related relevant customer information is information relating to a relevant customer of a defaulting licensee (that is not relevant customer information) that the Commission considers a supplier of last resort must have in order for that supplier to perform its obligation under section 51D(5) in relation to that relevant customer.
(1) The Governor in Council may, by Order published in the Government Gazette, declare that a person or a class of persons specified in the Order is, for the purposes of this Division, a relevant customer or class of relevant customers.
(2) An Order under subsection (1) may specify a class of persons by reference to all or any of the following—
(a) the person authorised to sell the gas;
(b) the purpose for which the gas is used;
(c) the quantity of gas used;
(d) the period of use;
(e) the place of supply;
(f) any other specified factor relevant to the sale of gas.
(3) An Order under subsection (1) may confer powers and functions on, and leave any matter to be decided by, the Commission.
(1) Without limiting the generality of section 28 , the conditions to which a licence to provide services by means of a distribution pipeline or to sell gas by retail is subject may include a requirement that, in certain circumstances, the licensee, on tariffs, terms and conditions approved by the Commission, having regard to the matters referred to in subsection (2), supply or sell gas to relevant customers to whom gas is supplied or sold under another licence (whether held by that licensee or another licensee).
(2) In approving the tariffs and terms and conditions of a requirement referred to in subsection (1), the Commission must have regard to—
(a) the risks and costs associated with the requirement; and
(b) the extent to which the licensee or another licensee has developed systems to comply with such a requirement; and
(c) any tariffs and terms and conditions proposed by the licensee whether or not at the request of the Commission.
(3) A requirement referred to in subsection (1) does not apply so as to require the licensee to supply or sell gas—
(a) if the licensee's licence provides for a distribution area, outside that area; or
(b) to a customer to whom gas is supplied or sold under another licence if the customer elects, in writing given to the holder of that other licence, not to be a customer of that other licensee for the purposes of subsection (1); or
(c) if to do so would be inconsistent with the licensee's obligations under the Access Code.
(4) If the conditions to which a licence of a licensee is subject include a requirement referred to in subsection (1), the licensee is deemed to be authorised to supply or sell gas to the extent necessary to comply with the requirement.
(5) The obligation of a licensee to supply or sell gas to a relevant customer to whom gas is supplied or sold under another licence (the defaulting licensee ) in accordance with the requirement referred to in subsection (1) commences when—
(a) the defaulting licensee's licence is revoked; or
(b) the defaulting licensee has been
deregistered as a market participant in the category of retailer under the MSO
Rules after a notice of suspension was issued to the licensee by VENCorp under
those Rules—
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whichever first occurs.
(6) The obligation of the supplier of last resort ends—
(a) 3 months after its commencement; or
(b) when the customer advises the supplier of last resort that the supply or sale is no longer required; or
(c) when the customer transfers to become the customer of another licensee; or
(d) when the customer enters into a new contract with the supplier of last resort for the supply or sale of gas—
whichever first occurs.
(7) The Commission must notify the supplier of last resort, as soon as practicable, of the commencement of the supplier of last resort's obligation under subsection (5).
(1) This section applies if a trigger event occurs.
(2) The tariffs and terms and conditions upon which a supplier of last resort will supply or sell gas to relevant customers of a defaulting licensee are—
(a) the tariffs and terms and conditions approved by the Commission after proposed tariffs, terms and conditions have been submitted by that supplier for approval; or
(b) if—
(i) the supplier has submitted tariffs, terms and conditions for approval and any changes proposed by the Commission are not adopted by the supplier within one month after being proposed; or
(ii) if the supplier, after being given at least one month's notice to submit proposed tariffs, terms and conditions to the Commission, fails to comply with the request—
the tariffs, terms and conditions specified by the Commission as the approved tariffs, terms and conditions.
(3) The supplier of last resort, or if the Commission specifies the tariffs, terms and conditions, the Commission, must cause notice of the approved tariffs, terms and conditions to be published in the Government Gazette.
(4) The tariffs, terms and conditions of which notice has been published in accordance with subsection (3) are binding on the supplier of last resort and the relevant customers to which they apply and, when the supplier of last resort is acting in accordance with those tariffs, terms and conditions, they have effect despite any agreement or instrument to the contrary relating to the distribution or supply, or sale of gas to those relevant customers.
(5) A supplier of last resort and a relevant customer to whom the supplier of last resort has an obligation under section 51D(5) to supply or sell gas are deemed to have entered into a contract on the relevant tariffs, terms and conditions published under subsection (3).
(6) The terms and conditions of a requirement referred to in section 51D(1) may include a condition setting out circumstances in which a supplier of last resort must continue to supply or sell gas to a relevant customer to whom the supplier of last resort supplies or sells gas under an obligation under section 51D(5) after that obligation comes to an end in accordance with section 51D(6)(a).
(7) A condition referred to in subsection (6) must provide for the tariff or tariffs and the terms and conditions for the continued supply or sale of gas to be determined by the supplier of last resort.
(1) Terms and conditions approved or specified by the Commission under section 51E may be varied from time to time.
(2) Section 51E applies to a variation under this section in the same manner as it applies to the approval or specification of a term or condition.
(3) If a variation is approved or specified under this section, section 51E(4) and (5) apply to the terms and conditions as so varied.
(1) This section applies if a trigger event occurs.
(2) The Commission, by written notice, may request a defaulting licensee, or if an insolvency official has been appointed for the defaulting licensee, the insolvency official, for—
(a) relevant customer information; and
(b) related relevant customer information—
specified in the notice.
(3) A supplier of last resort, by written notice, may request—
(a) a defaulting licensee; or
(b) if an insolvency official has been appointed for the defaulting licensee, the insolvency official—
for relevant customer information specified in the notice.
(4) The Commission or the supplier of last resort is not entitled to request information under subsection (2) or (3) in respect of a relevant customer after the obligation of the supplier of last resort specified in section 51D(5) ends in accordance with section 51D(6) in respect of that customer.
(5) A notice under subsection (2) or (3) must—
(a) state the name of the supplier of last resort and the contact details of a representative of the supplier; and
(b) specify the day by when the specified relevant customer information must be given to the Commission or supplier of last resort (as the case requires), being a day that is not less than 3 days after the date of the notice; and
(c) set out the details of the
trigger event; and
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(d) specify the manner in which the specified relevant customer information must be given; and
(e) state that this notice is given under this section; and
(f) include a statement to the effect that if section 51H(1) is contravened, proceedings may be brought under section 51J or the Essential Services Commission Act 2001 in respect of that contravention.
Note
A proceeding may be brought under the Essential Services Commission Act 2001 in respect of a defaulting licensee who is in breach of the licence condition specified in section 51H.
(1) A defaulting licensee, or an insolvency official appointed for a defaulting licensee, must comply with a relevant customer information notice that is given to them if the defaulting licensee or insolvency official has the specified relevant customer information in their possession, custody or control.
(2) Without limiting section 28, subsection (1) is deemed to be a licence condition of a defaulting licensee whose licence has not been revoked.
On being given specified relevant customer information, the Commission must give that information to the supplier of last resort that is obliged under section 51D(5) to supply or sell gas to the relevant customer to which that information relates.
(1) This section applies if—
(a) the Commission or a supplier of last resort gives a relevant customer information notice to a defaulting licensee or an insolvency official appointed for a defaulting licensee; and
(b) the defaulting licensee or insolvency official does not comply with any aspect of the notice.
(2) The Supreme Court, on an application by the Commission or the supplier of last resort that gave the relevant customer information notice may, by order, declare whether or not the defaulting licensee or insolvency official to which the application relates has contravened section 51H(1).
(3) If the order declares the person to have contravened section 51H(1), the order may include a requirement that the defaulting licensee or insolvency official take such action, or adopt such practice, as the Supreme Court requires for remedying the contravention or preventing a recurrence of the contravention.
This Division is declared to be a Corporations legislation displacement provision for the purposes of section 5G of the Corporations Act in relation to the provisions of Chapter 5 of that Act.
Note
Section 5G of the Corporations Act provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency.".