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Contents (1996 - 38)
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Gas Supply Act 1996 No 38
Current version for 1 September 2018 to date (accessed 20 November 2019 at 00:47)
Schedule 2
Schedule 2 Savings, transitional and other provisions
(Section 86)
Part 1 Preliminary
1   Regulations
(1)  The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:
any other Act that amends this Act
(2)  Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later day.
(3)  To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:
(a)  to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b)  to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
Part 2 Provisions consequent on enactment of Gas Supply Act 1996
2   Definition
In this Part:
the 1986 Act means the Gas Industry Restructuring Act 1986.
3   Authorisations for natural gas
(1)  An authorisation for natural gas that, immediately before the repeal of Part 2 of the 1986 Act, was in force under that Act is taken:
(a)  to be both a reticulator’s authorisation and a supplier’s authorisation under this Act, and
(b)  to be subject to the same conditions (in addition to those to which it is subject under this Act) as those to which it was subject immediately before that repeal.
(2)  A reticulator’s authorisation arising under subclause (1) is taken to be subject to the following additional conditions:
(a)  a condition to the effect that the reticulator must not supply or install a gas meter unless the gas meter complies with the standards prescribed by or in accordance with the regulations,
(b)  a condition to the effect that the reticulator must not reticulate gas to a gas user unless the gas complies with the standards prescribed by or in accordance with the regulations.
(3)  Any condition referred to in subclause (1) (b) that relates to the price that may be charged for the supply of gas has effect despite section 11 (3) (b), but ceases to have effect when a gas pricing order first comes into effect.
(4)  The regulations may provide for:
(a)  any specified gas supplier’s authorisation arising under subclause (1) to be taken to have become 2 authorisations, namely:
(i)  an authorisation with respect to the supply of natural gas to tariff customers, and
(ii)  an authorisation with respect to the supply of natural gas to persons who are not tariff customers, and
(b)  the transfer of either or both of the authorisations referred to in paragraph (a) (i) and (ii) to other persons or bodies.
(5)  A regulation referred to in subclause (4) may exclude any application for a transfer referred to in subclause (4) (b) from the operation of section 8, but only in respect of an application that is made within 12 months after the commencement of this clause.
4   Authorisations for LPG
(1)  An authorisation for liquefied petroleum gas that, immediately before the repeal of Part 2 of the 1986 Act, was in force under that Act is taken:
(a)  to be a distributor’s licence under this Act, and
(b)  to be subject to the same conditions (in addition to those to which it is subject under this Act) as those to which it was subject immediately before that repeal.
(2)  A distributor’s licence arising under subclause (1) is taken to be subject to the following additional conditions:
(a)  a condition to the effect that the distributor must not supply gas to a gas user unless the gas complies with the standards prescribed by or in accordance with the regulations,
(b)  a condition to the effect that the distributor must not supply or install a gas meter unless the gas meter complies with the standards prescribed by or in accordance with the regulations.
5   (Repealed)
6   Applications relating to authorisations
(1)  An application with respect to an authorisation under the 1986 Act is taken to be:
(a)  to the extent to which it relates to an authorisation for natural gas, the corresponding application with respect to an authorisation under Part 2 of this Act, or
(b)  to the extent to which it relates to an authorisation for a gas other than natural gas, the corresponding application with respect to a licence under Part 3 of this Act,
and anything done in connection with the application is taken to have been done under Part 2 or 3 of this Act, as the case requires.
(2)  Sections 8 and 37 do not apply to any application arising under subclause (1) in connection with an amendment of an authorisation or licence that was originally proposed under section 16 of the 1986 Act.
7, 8   (Repealed)
9   Inspectors
(1)  A person who, immediately before the repeal of section 121 of the 1986 Act, held office as a government inspector or gas inspector under that section is taken to hold office as a government inspector or gas industry inspector under section 77 of this Act.
(2)  A certificate of authority that, immediately before the repeal of section 121 of the 1986 Act, had effect under that section is taken to have effect as a certificate of authority under section 62 of this Act.
10   Search warrants
A search warrant that, immediately before the repeal of section 127 of the 1986 Act, was in force under that section continues to have effect as if it were a warrant of entry in force under section 64 of this Act.
11   Abolition of Gas Council
(1)  The Gas Council is abolished.
(2)  Part 8 of the Public Sector Management Act 1988 applies to each member of the Gas Council as if the member had been removed from office by the Governor under section 90 of that Act.
12   Gas Customers Reserve Account
(1)  Pending the repeal of section 70 of the 1986 Act, money standing to the credit of the Gas Customers Reserve Account may be applied only for such purposes as are approved by the Tribunal after consultation with the persons or bodies referred to in Schedule 1 to that Act.
(2)  Such an approval may be given only if the Tribunal is satisfied that the money is to be applied in such a manner as to benefit small retail customers.
(3)  On the repeal of section 70 of the 1986 Act, the Gas Customers Reserve Account referred to in that section is abolished.
13   Regulations
The Gas Regulation 1991 is taken to be a regulation under this Act, and may be amended and repealed accordingly.
14   Amendment of regulations
An amendment made by this Act to a Regulation referred to in Schedule 1 does not affect the future amendment or repeal of that Regulation.
15   Construction of certain references
A reference in any other Act or instrument to the Gas Act 1986 extends to this Act.
Part 3 Provisions consequent on enactment of Gas Supply Amendment (Retail Competition) Act 2001
16   Definitions
In this Part:
17   Reviews of suppliers’ decisions
Section 33E, as inserted by the 2001 amending Act, extends to matters arising before the commencement of that section.
18   Gas industry ombudsman
Section 33F, as inserted by the 2001 amending Act, extends to disputes and complaints arising before the commencement of that section.
19   Interim gas pricing orders
(1)  The Tribunal may, by order served on a standard supplier, establish an interim pricing mechanism according to which the following tariffs, fees, charges and payments are to be fixed by the supplier in relation to the supply of natural gas to small retail customers under standard form customer supply contracts (an interim gas pricing order):
(a)  tariffs for natural gas,
(b)  security deposits and other payments in the nature of security deposits,
(c)  fees and charges in relation to late or dishonoured payments,
(d)  fees and charges in relation to the establishment or maintenance of accounts,
(e)  fees and charges in relation to the disconnection of premises from, or the reconnection of premises to, a distribution pipeline,
(f)  such other fees, charges and payments as are prescribed by the regulations.
(2)  Such an order may not be made in relation to any class of small retail customers in respect of whom a gas pricing order is in force under section 27.
(3)  The Minister may give the Tribunal a written referral requiring the Tribunal to make an interim gas pricing order within a time specified in the referral and, in that event, the Tribunal must take all reasonable steps to comply with the requirements of the referral.
(4)  Before making an interim gas pricing order, the Tribunal must notify the Minister of its intention to do so (except in the case of an order given pursuant to a referral under subclause (3)).
(5)  An interim gas pricing order:
(a)  takes effect on the date on which it is served on the standard supplier concerned or on such later date as may be specified in the order in that regard, and
(b)  continues in force for such period as is specified in the order, not exceeding 6 months from the date on which it takes effect,
but may be extended by the Tribunal (on one occasion only) for up to 3 months by a further order served on the standard supplier.
(6)  Section 27A (subsections (2) and (3) excepted) applies to an interim gas pricing order under this clause in the same way as it applies to a gas pricing order under section 27.
(7)  Section 28 does not apply to or in respect of an interim gas pricing order under this clause.
(8)  This clause ceases to have effect on such date as may be appointed by a regulation published in the Gazette before 1 July 2003 or, if no such date is so appointed, on 1 July 2003.
Part 4 Provisions consequent on enactment of Occupational Health and Safety Amendment (Dangerous Goods) Act 2003
20   Saving of regulation
(1)  The Dangerous Goods (Gas Installations) Regulation 1998 is taken to be a regulation made under this Act.
(2)  For the purposes of Part 3 of the Subordinate Legislation Act 1989, the Dangerous Goods (Gas Installations) Regulation 1998 is taken to have been published on the commencement of this clause.
21   Saving of appointment of inspectors
A person appointed as an inspector under section 77 (1) of this Act and holding office as such immediately before the amendment of that section by the Occupational Health and Safety Amendment (Dangerous Goods) Act 2003 is taken to have been appointed to that office under that section as so amended.
Part 5 Provisions consequent on enactment of Gas Supply Amendment Act 2008
22   Publication of market operations rules on internet
Section 33K (5) (d), as inserted by the Gas Supply Amendment Act 2008, does not extend to a rule, or a rule amending or revoking a rule, approved by the Minister before the commencement of that paragraph.
Part 6 Provision consequent on enactment of Gas Supply Amendment (Ombudsman Scheme) Act 2009
23   Extension of gas industry ombudsman scheme to authorised reticulators
(1)  A gas industry ombudsman scheme approved by the Minister under section 33G for which approval was in force immediately before the commencement of the Gas Supply Amendment (Ombudsman Scheme) Act 2009:
(a)  is taken, on that commencement, to extend to authorised reticulators (despite the requirements of section 33G (2) (a)), and
(b)  so extends to disputes or complaints dealt with by the gas industry ombudsman on or after that commencement (whether or not relating to conduct that occurred before that commencement).
(2)  This clause does not prevent the Minister from approving any changes to the gas industry ombudsman scheme in connection with its extension to authorised reticulators.
Part 7 Provisions consequent on enactment of Energy Legislation Amendment (Infrastructure Protection) Act 2009
24   Application of certain provisions
(1)  In this clause, amending Act means the Energy Legislation Amendment (Infrastructure Protection) Act 2009.
(2)  Section 64B (1) (as inserted by the amending Act) applies to licences whether or not granted before, on or after the commencement of that subsection.
(3)  Section 64B (2) (as inserted by the amending Act) applies to authorisations whether or not granted before, on or after the commencement of that subsection.
(4)  A provision of section 64E or 66 (2)–(4) (as inserted by the amending Act) applies to offences committed on or after the commencement of that provision.
(5)  Section 64F (as inserted by the amending Act) applies to acts or omissions done or made on or after the commencement of that section.
25   Revival of gas pricing orders provisions
Division 3 of Part 2 of this Act (other than section 28A), as in force immediately before 30 June 2013, has effect on and from the date of assent to the Energy Legislation Amendment (Retail Electricity and Gas Pricing) Act 2015 as if section 28A (1) as then in force had not been enacted.
Part 9 Further provisions consequent on enactment of Energy Legislation Amendment (Retail Electricity and Gas Pricing) Act 2015
26   Definition
In this Part:
27   Licence auditing
The Tribunal is to continue to carry out its functions under section 75A (3A), as in force before the repeal of that subsection by the amending Act, in respect of any period before that repeal and this Act applies to those functions as if the amending Act had not commenced.
28   Review of decisions
(1)  A person who was a regulated offer customer for the supply of gas immediately before the repeal of Division 3 of Part 2 of this Act by the amending Act may make an application under section 96A of the Electricity Supply Act 1995 in respect of any decision made before that repeal for which an application could have been made under an energy ombudsman scheme before that repeal. Section 96A of that Act continues to apply to any such application.
(2)  The provisions of an energy ombudsman scheme approved under section 96B of the Electricity Supply Act 1995 and applicable to regulated offer customers for the supply of gas immediately before that repeal continue to apply to a dispute or complaint between the regulated offer customer and a retailer about a matter that occurred before that repeal.