FILE/94-112a070.docx · Web vie

Version No. 070

Gas Industry (Residual Provisions) Act 1994No. 112 of 1994

Version incorporating amendments as at 17 October 2012

TABLE OF PROVISIONSSection Page

PART 1—PRELIMINARY 1

1 Purpose 12 Commencement 13 Definitions 24–6A Repealed 136B Non-franchise customer 156C Supply point 186D Repealed 197 Crown to be bound 198 Extra-territorial operation 198A, 8B Repealed 20

PART 2—STATUTORY GAS COMPANIES 21

Divisions 1, 2—Repealed 21

9–16 Repealed 21

Division 2A—Victorian Energy Networks Corporation 21

16A–16HA Repealed 2116I Protection from liability 2316J Protection of persons executing directions 2316K, 16L Repealed 24

Divisions 3, 4—Repealed 25

17–31 Repealed 25

PARTS 2A–5—Repealed 26

31A–60 Repealed 26

1

PART 6—STATUTORY EASEMENTS 29

60A Repealed 2961 Certain rights deemed to be easements 2962–62E Repealed 30

PARTS 6A, 6AA—Repealed 31

62F–62LO Repealed 31

PART 6B—COMPETITION POLICY AUTHORISATION 32

62M Definitions 3262N Assignment 3862O Approval 3962P Application 4062PA Repealed 41

PART 6C—MASTER AGREEMENTS 42

62Q Definitions 4262R Assignment 4562S Approval 4762T Application 47

PART 7—TRANSFER OF PROPERTY 49

Division 1—Preliminary 49

63 Definitions 49

Divisions 2–4—Repealed 51

64–70 Repealed 51

Division 5—General 52

71 Certificate of chief executive officer 5272–78 Repealed 5479 Amendment of Register 5580 Taxes 5581 Evidence 56

Division 6—Repealed 56

82–83B Repealed 56

PARTS 8, 8A—Repealed 57

84–87L Repealed 57

2

PART 9—GENERAL 58

88 Delegation by Minister and Treasurer 5888A–88C Repealed 5889 Validity of things done under this Act 5990 Repealed 6090A Saving of contracts 6091–99 Repealed 60100 Treasurer may give guarantee 62101 Repealed 62101A Exemption from Freedom of Information Act 1982 63101B Supreme Court—limitation of jurisdiction 63102 Regulations 64

PART 10—TRANSITIONAL 65

103–104C Repealed 65105 Savings and transitional provisions 66

PARTS 11–13—Repealed 66

106–115 Repealed 66

PART 13A—TRANSFER OF CERTAIN PROPERTY AND STAFF OF NOMINATED PUBLIC GAS COMPANIES 67

Division 1—Definitions and applications 67

115A Definitions 67115B Repealed 69

Division 2—Allocation of property 69

115C Repealed 69115D Certificate of chief executive officer 69

Division 3—Transfer of property 71

115E–115J Repealed 71115K Amendment of Register 71115L Evidence 72115M Validity of things done under this Part 73

Division 4—Repealed 74

115N–115P Repealed 74

Division 5—Permits and licences under Pipelines Act 1967 74

115Q Pipelines 74

3

PART 13B—PROVISIONS RELATING TO PRIVATISATION 77

115R Repealed 77115S Freedom of Information Act 1982 77

PART 14—TRANSFER OF CERTAIN PROPERTY OF GASCOR 78

116 Definitions 78117 Purpose of Part 81118 Nomination of transferee 82119 Transfer of Longford assets and Longford liabilities 82120 Assets and liabilities to vest subject to encumbrances 82121 Certificate of chief executive officer 82122 Substitution of party to agreement 83123 GASCOR instruments 83124 Longford proceedings 84125 Taxes 84126 Evidence 84127 Validity of things done under this Part 85128–149 Repealed 78

PART 15—Repealed 86

150–173 Repealed 86__________________

SCHEDULES 87

SCHEDULES 1–3—Repealed 87

SCHEDULE 4—Certain Property, Rights and Liabilities Transferred to GASCOR 88

SCHEDULE 5—Savings and Transitional Provisions 91

1 Definition 912 General transitional provisions 913 Re-enacted provisions 914 Superseded references to old Act 935 Pipeline under section 3 946 Gaseous fuel under section 4 947 Orders and agreements under section 5 948 VENCorp 969 Authorisation under section 42 9610 Orders under section 45G and 45P 9611 Tariff Orders 9712 Exemptions under section 48C 9713 Licences under section 48E 9714 Orders under section 48GC 9715 Orders under sections 48MA and 48MB 98

4

16 Orders under retail gas market rules 9817 MSO Rules—Order under section 48N 9918 Order under section 48TA 9919 Certificates under Part 15 9920 Regulations 99

═══════════════

ENDNOTES 101

1. General Information 101

2. Table of Amendments 102

3. Explanatory Details 107

5

Version No. 070


Version incorporating amendments as at 17 October 2012

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1 Purpose

The purpose of this Act is—

(a) to restructure the gas industry; and

(b) to establish Gas Transmission Corporation and GASCOR; and

(c) to provide for the technical regulation of the gas industry; and

(d) to provide for the transfer of property, rights and liabilities from the Gas and Fuel Corporation of Victoria and for the transfer of staff.

2 Commencement

(1) Part 1 and section 111 come into operation on the day on which this Act receives the Royal Assent.

(2) Subject to subsection (3), the remaining provisions of this Act, except Part 13, come into operation on a day or days to be proclaimed.

(3) If a provision referred to in subsection (2) does not come into operation within the period of 12 months beginning on, and including, the day on which this Act receives the Royal Assent, it comes into operation on the first day after the end of that period.

1

(4) Part 13 comes into operation on a day to be proclaimed.

3 Definitions

In this Act—

* * * * *

* * * * *

Administrator, in relation to a gas company, means the Administrator of the gas company appointed under section 17A;

ancillary supply point means ancillary supply point as defined in section 6C(3);

* * * * *

* * * * *

2

s. 3

S. 3 def. of ACCC inserted by No. 91/1997 s. 4(1), repealed by No. 32/2001 s. 6(a).

S. 3 def. of Access Code inserted by No. 91/1997 s. 4(1), repealed by No. 31/1998 s. 25(a)(i).

S. 3 def. of Administrator inserted by No. 36/1997 s. 4(3).

S. 3 def. of ancillary supply point inserted by No. 91/1997 s. 4(1).

S. 3 def. of apparatus and works repealed by No. 73/2005 s. 4(Sch. 2 item 3.1).

S. 3 def. of appeal tribunal inserted by No. 39/1999 s. 3, repealed by No. 32/2001 s. 6(b).

s. 3

* * * * *

chief executive officer, in relation to a gas company of which an Administrator has been appointed, means the Administrator of the gas company;

* * * * *

Commission means the Essential Services Commission established under the Essential Services Commission Act 2001;

* * * * *

3

S. 3 def. of board substituted by No. 36/1997 s. 4(1), amended by No. 2/2004 s. 3(a), repealed by No. 73/2005 s. 4(Sch. 2 item 3.1).

S. 3 def. of chief executive officer inserted by No. 36/1997 s. 4(3).

S. 3 def. of civil penalty provision inserted by No. 91/1997 s. 4(1), amended by No. 31/1998 s. 25(a)(ii), repealed by No. 32/2001 s. 6(c).

S. 3 def. of Commission inserted by No. 62/2001 s. 81(a).

s. 3

S. 3 def. of conduct provision inserted by No. 91/1997 s. 4(1), amended by No. 31/1998 s. 25(a)(iii), repealed by No. 32/2001 s. 6(d).

construction includes, in relation to a pipeline, the placing or testing of the pipeline;

customer means a person to whom a gas company transmits, distributes or supplies gas or provides goods or services;

* * * * *

distribute, in relation to gas, means convey gas through distribution pipelines;

distribution pipeline has the same meaning as it has in the Gas Industry Act 2001;

* * * * *

* * * * *

franchise customer means a customer other than a non-franchise customer;

4

S. 3 def. of director amended by No. 36/1997 s. 4(2), repealed by No. 2/2004 s. 3(b).

s. 3

S. 3 def. of distribution pipeline amended by No. 96/1998 s. 257(3)(a), substituted by No. 32/2001 s. 6(e).

S. 3 def. of domestic customer repealed by No. 91/1997 s. 4(2)(a).

S. 3 def. of domestic tariff amended by No. 36/1997 s. 6(1), repealed by No. 91/1997 s. 4(2)(a).

s. 3

S. 3 def. of franchise customer inserted by No. 91/2000 s. 3.

gas has the same meaning as it has in the Gas Industry Act 2001;

* * * * *

GASCOR means the body established by Division 2 of Part 2;

gas company—

(a) except in Parts 2 and 7, means—

(i) GASCOR, VENCorp, a gas distribution company, a gas retailer or a gas transmission company; or

(ii) a company that holds all the shares in a gas distribution company, a gas retailer or a gas transmission company;

(b) in Part 2 means a statutory gas company;

(c) in Part 7 means GASCOR or a company all the shares in which are held by GASCOR;

gas corporation means GASCOR or GFCV;

5

S. 3 def. of gas amended by No. 91/1997 s. 4(2)(b), substituted by No. 32/2001 s. 6(f).

S. 3 def. of gaseous fuel repealed by No. 73/2005 s. 4(Sch. 2 item 3.1).

S. 3 def. of gas company substituted by No. 91/1997 s. 4(2)(c), amended by No. 40/1998 s. 6(1)(a)(i)(ii).

s. 3

S. 3 def. of gas corporation substituted by No. 91/1997 s. 4(2)(c), amended by No. 40/1998 s. 6(1)(b).

gas distribution company has the same meaning as it has in the Gas Industry Act 2001;

* * * * *

* * * * *

* * * * *

* * * * *

gas retailer has the same meaning as it has in the Gas Industry Act 2001;

6

S. 3 def. of gas distribution company inserted by No. 91/1997 s. 4(1), substituted by No. 32/2001 s. 6(g).

S. 3 def. of gas distribution system inserted by No. 91/1997 s. 4(1), amended by No. 39/1999 s. 4(1), repealed by No. 32/2001 s. 6(h).

S. 3 def. of gas fitting repealed by No. 32/2001 s. 6(h).

S. 3 def. of gas incident inserted by No. 36/1997 s. 4(3), repealed by No. 99/1997 s. 119(1).

S. 3 def. of gas producer inserted by No. 91/1997 s. 4(1), repealed by No. 32/2001 s. 6(h).

s. 3

S. 3 def. of gas retailer inserted by No. 91/1997 s. 4(1) substituted by No. 32/2001 s. 6(i).

gas transmission company has the same meaning as it has in the Gas Industry Act 2001;

* * * * *

GFCV has the same meaning as Corporation has in the Gas and Fuel Corporation Act 1958;

GFCV instrument means an instrument (including a legislative instrument other than this Act and regulations under this Act and the Gas and Fuel Corporation Act 1958 and regulations under that Act) subsisting immediately before the appropriate relevant date—

(a) to which GFCV was a party; or

(b) that was given to or in favour of GFCV; or

(c) that refers to GFCV; or

(d) under which—

7

S. 3 def. of gas transmission company inserted by No. 91/1997 s. 4(1), substituted by No. 32/2001 s. 6(j).

S. 3 def. of gas transmission system inserted by No. 91/1997 s. 4(1), amended by No. 39/1999 s. 4(2), repealed by No. 32/2001 s. 6(k).

s. 3

(i) money is, or may become, payable to or by GFCV; or

(ii) other property is to be, or may become liable to be, transferred to or by GFCV;

GTC means Gas Transmission Corporation established by Division 1 of Part 2;

* * * * *

instrument includes a document and an oral agreement;

liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective;

* * * * *

* * * * *

* * * * *

8

S. 3 def. of inspector inserted by No. 36/1997 s. 4(3), repealed by No. 99/1997 s. 119(1), new def. of inspector inserted by No. 39/1999 s. 3, repealed by No. 32/2001 s. 6(l).

S. 3 def. of licence inserted by No. 91/1997 s. 4(1), repealed by No. 32/2001 s. 6(m).

S. 3 def. of licensee inserted by No. 91/1997 s. 4(1), repealed by No. 32/2001 s. 6(n).

S. 3 def. of market participant inserted by No. 91/1997 s. 4(1), amended by No. 39/1999 s. 4(3), repealed by No. 32/2001 s. 6(o).

* * * * *

* * * * *

natural gas means a substance which is in a gaseous state at standard temperature and pressure and which consists of naturally occurring hydrocarbons, or a naturally occurring mixture of hydrocarbons and non-hydrocarbons, the principal constituent of which is methane;

non-franchise customer, in relation to a supply of gas from a supply point, means non-franchise customer in relation to that supply point within the meaning of section 6B;

* * * * *

9

S. 3 def. of meter repealed by No. 32/2001 s. 6(p).

s. 3

S. 3 def. of MSO Rules inserted by No. 91/1997 s. 4(1), amended by Nos 91/1998 s. 4, 39/1999 s. 4(4), repealed by No. 32/2001 s. 6(q).

S. 3 def. of natural gas inserted by No. 91/1997 s. 4(1).

S. 3 def. of non-franchise customer inserted by No. 91/1997 s. 4(1).

S. 3 def. of Office inserted by No. 36/1997 s. 4(3), repealed by No. 99/1997 s. 119(1).

operation, in relation to a pipeline, includes the maintenance, removal and alteration of the pipeline;

* * * * *

pipeline has the same meaning as it has in the Gas Industry Act 2001;

* * * * *

property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;

public gas company means a gas company—

(a) that is a statutory authority or a company all the shares in which are held by or on behalf of the State or a statutory authority; or

(b) all the shares in which are held by a company all the shares in which are held by or on behalf of the State or a statutory authority;

* * * * *

10

S. 3 def. of ORG inserted by No. 91/1997 s. 4(1), repealed by No. 62/2001 s. 81(b).

s. 3

S. 3 def. of pipeline substituted by No. 32/2001 s. 6(r).

S. 3 def. of Port Campbell facility inserted by No. 40/1998 s. 4, repealed by No. 32/2001 s. 6(s).

S. 3 def. of public gas company inserted by No. 91/1997 s. 4(1).

s. 3

S. 3 def. of Regulator inserted by No. 91/1997 s. 4(1) repealed by No. 32/2001 s. 6(t).

* * * * *

rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective;

* * * * *

* * * * *

statutory gas company means GASCOR;

11

S. 3 def. of regulatory provision inserted by No. 91/1997 s. 4(1), amended by No. 31/1998 s. 25(a)(iv), repealed by No. 32/2001 s. 6(u).

S. 3 def. of service provider inserted by No. 91/1997 s. 4(1), repealed by No. 32/2001 s. 6(v).

S. 3 def. of significant producer inserted by No. 40/1998s. 4, repealed by No. 32/2001 s. 6(w).

S. 3 def. of statutory gas company inserted by No. 91/1997 s. 4(1), amended by Nos 40/1998 s. 6(1)(c), 32/2001 s. 6(x).

supply point means supply point within the meaning of section 6C;

transmission pipeline has the same meaning as it has in the Gas Industry Act 2001;

transmit means convey gas through a transmission pipeline;

* * * * *

S. 3 def. of VENCorp inserted by No. 91/1997 s. 4(1), amended by No. 32/2001 s. 6(za).s. 3

VENCorp means the Victorian Energy Networks Corporation continued under Part 8 of the Gas Industry Act 2001;

* * * * *

12

S. 3 def. of supply point inserted by No. 91/1997 s. 4(1).S. 3 def. of transmission pipeline amended by Nos 91/1997 s. 4(2)(d)(e), 96/1998 s. 257(3)(b), substituted by No. 32/2001 s. 6(y).

s. 3

S. 3 def. of underground storage facility inserted by No. 40/1998s. 4, repealed by No. 32/2001 s. 6(z).

S. 3 def. of Victorian gas market inserted by No. 40/1998s. 4, repealed by No. 32/2001 s. 6(zb).

* * * * *

* * * * *

* * * * *

* * * * *

* * * * *

* * * * *

13

S. 4 amended by No. 91/1997 s. 4(3), repealed by No. 32/2001 s. 7(1).

S. 5 amended by Nos 91/1997 s. 4(4), 39/1999 ss 4(5)–(7), 5, repealed by No. 32/2001 s. 7(1).

S. 5A inserted by No. 91/1997 s. 5, repealed by No. 32/2001 s. 7(1).

s. 5A

S. 5B inserted by No. 91/1997 s. 5, amended by Nos 91/1998 s. 5, 39/1999 s. 6, repealed by No. 32/2001 s. 7(1).

S. 5Cinserted by No. 40/1998s. 5, amended by No. 91/1998 s. 6, repealed by No. 32/2001 s. 7(1).

S. 5Dinserted by No. 40/1998s. 5, repealed by No. 32/2001 s. 7(1).

* * * * *

* * * * *

6B Non-franchise customer

(1) For the purposes of this Act, a person is a non-franchise customer in relation to a supply of gas from a supply point—

(a) if the gas is supplied from a supply point installed on or after 1 December 1997, other than a supply point installed within one kilometre of a distribution pipeline that was in operation on 1 July 1997;

(b) if the gas is supplied from a supply point on or after 1 September 1998 and before 1 September 1999 and—

(i) the person had purchased not less than 500 000 GJ of gas from that supply point, or an ancillary supply point, during the 12 months immediately preceding 1 September 1998 or the commencement of the supply, whichever is the later; or

14

S. 6 amended by Nos 91/1997 s. 6, 44/2001 s. 3(Sch. item 56.1), repealed by No. 73/2005 s. 4(Sch. 2 item 3.2).

S. 6A inserted by No. 91/1997 s. 7, amended by No. 32/2001 s. 7(2), repealed by No. 73/2005 s. 4(Sch. 2 item 3.2).

S. 6B inserted by No. 91/1997 s. 7.

s. 6B

(ii) the supply point is new and the Commission is satisfied on reasonable grounds that the person will purchase not less than 500 000 GJ of gas from that supply point within a period of 12 months during the 3 years next following 1 September 1998 or the commencement of the supply, whichever is the later;

(c) if the gas is supplied from a supply point on or after 1 September 1999 and before 1 September 2000 and—

(i) the person had purchased not less than 100 000 GJ of gas from that supply point, or an ancillary supply point, during the period of 12 months immediately preceding 1 September 1999 or the commencement of the supply, whichever is the later; or

S. 6B(1)(c)(ii) amended by Nos 58/1999 s. 3, 62/2001 s. 81(c).s. 6B

(ii) the supply point is new and the Commission is satisfied on reasonable grounds that the person will purchase not less than 100 000 GJ of gas from that supply point within a period of 12 months during the 3 years next following 1 September 1999 or the commencement of the supply, whichever is the later; or

(iii) the person had purchased not less than 100 000 GJ of gas from that supply point, or an ancillary supply point, during the period of 12 months immediately preceding 1 March 2000 or the commencement of the supply, whichever is the later; or

15

S. 6B(1)(b)(ii) amended by No. 62/2001 s. 81(c).

S. 6B(1)(c)(iii) inserted by No. 58/1999 s. 3.

(iv) the supply point is new and the Commission is satisfied on reasonable grounds that the person will purchase not less than 100 000 GJ of gas from that supply point within a period of 12 months during the 3 years next following 1 March 2000 or the commencement of the supply, whichever is the later;

S. 6B(1)(ca) inserted by No. 39/1999 s. 7.s. 6B

(ca) if the gas is supplied from a supply point from which gas was supplied to Generation Victoria on 1 January 1999;

(d) if the gas is supplied from a supply point on or after 1 September 2000 and before 1 September 2001 and—

(i) the person had purchased not less than 10 000 GJ (or such lesser amount as is specified by Order under subsection (4A)) of gas from that supply point, or an ancillary supply point, during the period of 12 months immediately preceding 1 September 2000 or the commencement of the supply, whichever is the later; or

(ii) the supply point is new and the Commission is satisfied on reasonable grounds that the person will purchase not less than 10 000 GJ (or such lesser amount as is specified by Order under subsection (4A)) of gas from that supply point within a period of 12 months during the 3 years next following 1 September 2000 or the commencement of the supply, whichever is the later;

16

S. 6B(1)(c)(iv) inserted by No. 58/1999 s. 3, amended by No. 62/2001 s. 81(c).

S. 6B(1)(d)(i) amended by No. 91/2000 s. 4(1).

S. 6B(1)(d)(ii) amended by Nos 91/2000 s. 4(1), 62/2001 s. 81(c).

(e) if the gas is supplied from a supply point on or after 1 September 2001.

(2) A person who, by reason of subsection (1), becomes a non-franchise customer in relation to a supply of gas from a supply point, or an ancillary supply point, continues to be a non-franchise customer in respect of the supply of gas from that supply point or ancillary supply point.

(3) Despite subsection (1)(a), a customer of a gas retailer who holds a new areas licence to sell gas in a particular area is not a non-franchise customer in relation to a supply point in that area during the term of that licence, unless subsection (1)(b), (c), (d) or (e) applies to the customer.

(4) For the purpose of subsection (1)(a), a supply point is deemed to be installed within one kilometre of a distribution pipeline if the Commission certifies in writing that it is so installed.

(4A) The Governor in Council may, by Order published in the Government Gazette, specify an amount of gas that is less than 10 000 GJ and equal to or more than 5000 GJ for the purposes of subsection (1)(d)(i) and (ii).

(5) In this section—

new areas licence means a licence to sell natural gas by retail in an area in which natural gas was not generally available for purchase by retail before the issue of the licence and which is expressed to be a new areas licence.

6C Supply point

(1) In this Act, supply point, in relation to the supply of gas to a customer means—

17

s. 6B

S. 6B(4) amended by No. 62/2001 s. 81(c).

S. 6B(4A) inserted by No. 91/2000 s. 4(2).

S. 6C inserted by No. 91/1997 s. 7.

s. 6C

(a) unless paragraph (b) applies, the point where the gas leaves the gas company's system before being supplied to the customer, whether or not it passes through facilities owned or operated by another person after that point and before being so supplied;

(b) in relation to a supply of gas to which an arrangement referred to in subsection (2) applies, the points of supply that the Commission agrees are to be treated as a single supply point.

(2) The Commission may agree that, for the purposes of this section, 2 or more points referred to in paragraph (a) on a customer's premises be treated as a single supply point if the Commission is satisfied that the supply of gas to those points before 1 July 1997 was, in accordance with an arrangement with the customer in force immediately before that date, treated by GASCOR as a single supply for billing purposes.

(3) In this Act, ancillary supply point, in relation to another supply point, means a point that, under subsection (2), is to be treated as a single supply point with the other supply point.

* * * * *

7 Crown to be bound

This Act binds the Crown, not only in right of Victoria but also, so far as the legislative power of

18

S. 6C(1)(b) amended by No. 62/2001 s. 81(d)(ii).

S. 6C(2) amended by No. 62/2001 s. 81(d)(i)(ii).

S. 6D inserted by No. 91/1997 s. 8, amended by No. 31/1998 s. 25(b), repealed by No. 32/2001 s. 7(3).

s. 7

the Parliament permits, the Crown in all its other capacities.

8 Extra-territorial operation

It is the intention of the Parliament that the operation of this Act should, so far as possible, include operation in relation to the following—

(a) land situated outside Victoria, whether in or outside Australia;

(b) things situated outside Victoria, whether in or outside Australia;

(c) acts, transactions and matters done, entered into or occurring outside Victoria, whether in or outside Australia;

(d) things, acts, transactions and matters, (wherever situated, done, entered into or occurring) that would, apart from this Act, be governed or otherwise affected by the law of the Commonwealth, another State, a Territory or a foreign country.

* * * * *

* * * * *

_______________

19

S. 8A inserted by No. 91/1997 s. 9, amended by Nos 31/1998 s. 25(c), 91/1998 s. 7, repealed by No. 32/2001 s. 7(3).

S. 8B inserted by No. 91/1997 s. 9, amended by No. 31/1998 s. 25(d), repealed by No. 32/2001 s. 7(3).

s. 8

PART 2—STATUTORY GAS COMPANIES

* * * * *

* * * * *

Division 2A—Victorian Energy Networks Corporation

* * * * *

* * * * *

* * * * *

Pt 2 (Heading) amended by No. 91/1997 s. 10.

s. 9

Pt 2 Div. 1 (Heading and ss 9–12) amended by No. 31/1995 s. 32, repealed by No. 40/1998 s. 6(1)(d).

Pt 2 Div. 2 (Heading and ss 13–16) repealed by No. 2/2004 s. 4.

Pt 2 Div. 2A (Heading and ss 16A–16L) inserted by No. 91/1997 s. 11.Ss 16A, 16B inserted by No. 91/1997 s. 11, repealed by No. 32/2001 s. 8.

S. 16C inserted by No. 91/1997 s. 11, amended by Nos 40/1998s. 8, 91/2000 s. 5, repealed by No. 32/2001 s. 8.

S. 16CA inserted by No. 36/1999 s. 24, amended by No. 69/2000 s. 32, repealed by No. 32/2001 s. 8.

Part 13A—Transfer of Certain Property and Staff of Nominated Public Gas Companies


20

* * * * *

* * * * *

* * * * *

* * * * *

* * * * *

16I Protection from liability

s. 16CA

S. 16D, 16E inserted by No. 91/1997 s. 11, repealed by No. 32/2001 s. 8.

S. 16F inserted by No. 91/1997 s. 11, amended by No. 69/2000 s. 33, repealed by No. 32/2001 s. 8.

S. 16G inserted by No. 91/1997 s. 11, repealed by No. 32/2001 s. 8.

S. 16H inserted by No. 91/1997 s. 11, amended by No. 39/1999 s. 8(1)(a)(2), repealed by No. 32/2001 s. 8.

S. 16HA inserted by No. 91/1998 s. 8, repealed by No. 32/2001 s. 8.S. 16I inserted by No. 91/1997 s. 11, substituted by No. 91/1998 s. 9.



21

(1) A person to whom this section applies is not liable to any action, claim or demand on account of any damage, loss or injury sustained or alleged to be sustained because of anything done or omitted to be done in good faith—

(a) in or in connection with or incidental to the exercise of a power to give or make a direction, prohibition or requisition under, or purportedly under, this Act; or

(b) in the reasonable belief that the act or omission was in or in connection with or incidental to the exercise of such a power.

(2) This section applies to VENCorp and the directors and servants of VENCorp.

16J Protection of persons executing directions

(1) A person is not liable to any action, claim or demand on account of any damage, loss or injury sustained or alleged to be sustained because of anything done, or omitted to be done in good faith—

(a) in the execution of any direction under, or purportedly under, this Division; or

(b) in the reasonable belief that the act or omission was in the execution of such a direction.

(2) A person to whom this subsection applies is not liable to any action, claim or demand on account of any damage, loss or injury sustained or alleged to be sustained because of anything done, or omitted to be done, in good faith—

(a) in the execution of any direction or purported direction (whether or not under this Division) given by VENCorp to that person or an agent of that person (whether or not by name) on or after 11 June 1998 and

s. 16I

S. 16J inserted by No. 91/1997 s. 11, substituted by No. 91/1998 s. 10.



22

before the date on which the Gas Industry Acts (Amendment) Act 1998 receives the Royal Assent; or

(b) in the reasonable belief that the act or omission was in the execution of such a direction.

(3) Subsection (2) applies to GASCOR, the Administrator of GASCOR, gas retailers, directors of gas retailers and servants or agents of, or persons acting on behalf of, or performing work or services, whether directly or indirectly, for, GASCOR or a gas retailer.

* * * * *

* * * * *

* * * * *

s. 16J

S. 16K inserted by No. 91/1997 s. 11, amended by No. 39/1999 s. 8(1)(b), repealed by No. 32/2001 s. 8.

S. 16L inserted by No. 91/1997 s. 11, repealed by No. 32/2001 s. 8.

Pt 2 Div. 3 (Heading and ss 17–20) amended by Nos 36/1997 ss 7, 8, 91/1997 ss 13, 14, 40/1998 s. 6(1)(e)(f), 46/1998 s. 7(Sch. 1), 32/2001 s. 9, 2/2004 s. 5, repealed by No. 73/2005 s. 4(Sch. 2 item 3.3).



23

* * * * *

_______________

s. 17

Pt 2 Div. 4 (Heading and ss 21–31) amended by Nos 31/1995 s. 33, 36/1997 ss 5, 9, 40/1998 s. 10, 44/2001 s. 3(Sch. item 56.2), repealed by No. 2/2004 s. 6.



24

* * * * *

* * * * *

* * * * *

* * * * *

Pt 2A (Heading and ss 31A–31I) inserted by No. 39/1999 s. 9, repealed by No. 32/2001 s. 10.

Pt 3 (Heading and ss 32–45) amended by Nos 31/1995 ss 34–37(1)(a), 80/1995 ss 4–6, 36/1997 s. 6(2), substituted as Pt 3 (Heading and ss 32, 33) by No. 91/1997 s. 15, amended by No. 40/1998s. 11, repealed by No. 32/2001 s. 11.

s. 31A

Pt 3A (Heading and ss 34–45Z) inserted by No. 40/1998 s. 12, amended by Nos 91/1998 s. 11, 11/1999 s. 10(1)(a), 39/1999 ss 10–13, repealed by No. 32/2001 s. 12.

Pt 4 (Heading and ss 46–48) amended by Nos 91/1997 s. 16, 99/1997 s. 119(2), repealed by No. 73/2005 s. 4(Sch. 2 item 3.4).



25

* * * * *

* * * * *

* * * * *

Pt 4A (Heading and ss 48A–48T) inserted by No. 91/1997 s. 17, amended by Nos 31/1998 s. 25(e)(f), 40/1998, ss 14–21, 91/1998 ss 13–15, 58/1999 s. 4(a), 59/2000 s. 4, 91/2000 ss 6–10, 12, 13, 32/2001 ss 3, 4, repealed by No. 32/2001 s. 13.

Pt 4B (Heading and ss 48U–48ZV) inserted by No. 91/1997 s. 17, amended by Nos 91/1998 s. 16(1)(2), 11/1999 s. 10(1)(b)(c), repealed by No. 31/1998 s. 25(g).

s. 46

Pt 5 (Heading and ss 49–60) amended by Nos 31/1995 s. 37(1)(b), 80/1995 ss 7, 8, 36/1997 ss 10–12, 91/1997 ss 18–24, 40/1998 ss 22–24, 39/1999 s. 14, 91/2000 s. 15, 32/2001 s. 14, repealed by No. 73/2005 s. 4(Sch. 2 item 3.5).



26

s. 49Part 13A—Transfer of Certain Property and Staff of Nominated Public Gas

Companies


27

PART 6—STATUTORY EASEMENTS

* * * * *

61 Certain rights deemed to be easements

(1) If a gas company—

(a) becomes entitled under this Act to an easement, right or privilege in, over or affecting any land which, immediately before the gas company became so entitled, was an easement, right or privilege to which GFCV, GASCOR or GTC was entitled; or

(b) acquires an easement, right or privilege in, over or affecting land for the purpose of its works and undertakings under this Act that is not, and is not in any instrument, expressed to be, appurtenant to any land—

the easement, right or privilege is deemed to be an easement vested in the gas company and appurtenant to all land vested in the gas company from time to time.

(1A) The easement existing immediately before the commencement of section 37(2) of the Gas and Fuel Corporation (Repeal) Act 1995 over the land described in certificate of title volume 8758 folio 144 and appurtenant to the land described in certificate of title volume 7512 folio 120 is, by force of this section, an easement vested in GTC and appurtenant to all land vested in GTC from time to time.

* * * * *

S. 60A inserted by No. 91/1997 s. 25, repealed by No. 32/2001 s. 15(1).

s. 61

S. 61(1)(a) amended by Nos 91/1997 s. 26(1), 40/1998s. 25.

S. 61(1)(b) amended by Nos 91/1997 s. 26(2), 32/2001 s. 15(2).

S. 61(1A) inserted by No. 31/1995 s. 37(2).

S. 61(2) amended by No. 31/1995 s. 37(3), repealed by No. 32/2001 s. 15(3).



28

(3) If a gas company proposes to acquire an easement, right or privilege in, over or affecting land that would, if acquired by the gas company, be deemed to be an easement by virtue of subsection (1), the gas company may give notice in the appropriate form of its intention to acquire the easement, right or privilege to the Registrar of Titles.

(4) Section 57 of the Transfer of Land Act 1958, with such modifications as are necessary, applies in relation to a notice of intention to acquire given under subsection (3) as if—

(a) a reference in that section to an acquiring authority included the gas company;

(b) a reference in that section to a proposal to acquire any land included a reference to a proposal to acquire the right or privilege to which the notice given under subsection (3) relates;

(c) a reference in that section to a notice of intention to acquire included a notice of intention to acquire given under subsection (3); and

(d) subsection (1) of that section did not form part of that section.

* * * * *

* * * * *

s. 61

S. 62 amended by No. 46/1998 s. 7(Sch. 1), repealed by No. 32/2001 s. 15(4).

Ss 62A-62E inserted by No. 31/1995 s. 38 (as amended by No. 74/2000 s. 3(Sch. 1 item 56), repealed by No. 73/2005 s. 4(Sch. 2 item 3.6).



29

_______________

* * * * *

* * * * *

s. 62A

Pt 6A (Heading and ss 62F–62L) inserted by No. 31/1995 s. 39, amended by Nos 91/1998 s. 17, 39/1999 ss 15–19, repealed by No. 32/2001 s. 16.

Pt 6AA (Heading and ss 62LF–62LO) inserted by No. 39/1999 s. 20, repealed by No. 32/2001 s. 17.



30

PART 6B—COMPETITION POLICY AUTHORISATION

62M Definitions

In this Part—

BHP means BHP Petroleum (Bass Strait) Pty Ltd or a body corporate related to it;

Competition Code has the same meaning as in the Competition Policy Reform (Victoria) Act 1995;

Esso means Esso Australia Resources Ltd. 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 dated 20 November 1996 or a new arrangement; and

(b) each and any variation to the contract or new arrangement described in paragraph (a) in accordance with the principles of the unwritten law and, in the case of any variation to a specified exclusionary provision, a specified price provision, a specified terms provision, a specified acquisition 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 understanding arrived at between—

Pt 6B (Heading and ss 62M–62P) inserted by No. 36/1997 s. 13.

S. 62M inserted by No. 36/1997 s. 13.

s. 62M

S. 62M def. of gas supply contract amended by No. 91/1997 s. 27(1)(a)(i)–(iv).



31

(i) BHP, Esso and GASCOR; or

(ii) GASCOR and either BHP or Esso—

for the purpose of giving effect to, or incidental to, an obligation or right of one or more of the parties under the contract or new arrangement referred to in paragraph (a) or any variation to that contract or new arrangement under and in accordance with paragraph (b);

new arrangement means a contract or arrangement—

(a) for the supply of gas by GASCOR to a new retailer; or

(b) for the supply of gas by GASCOR to customers by a new retailer as GASCOR's agent—

being a contract or arrangement made on or after 1 December 1997 but does not include a contract or arrangement if, when the contract or arrangement is made, a party to it is a person other than a statutory authority or a company all the shares in which are held by or on behalf of the State or a statutory authority;

new retailer means—

(a) Ikon Energy Pty Ltd A.C.N. 079 089 553;

(b) Kinetik Energy Pty Ltd A.C.N. 079 089 188;

(c) Energy 21 Pty Ltd A.C.N. 079 089 213;

(d) Gas Release Co Pty Ltd A.C.N. 079 089 286;

S. 62M def. of new arrangement inserted by No. 91/1997 s. 27(1)(b), amended by No. 40/1998s. 26(1).

s. 62M

S. 62M def. of new retailer inserted by No. 91/1997 s. 27(1)(b), amended by Nos 40/1998s. 26(2), 91/1998 s. 18.



32

specified acquisition 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 equitable force or not, that—

(a) GASCOR will not, or will not 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 a body corporate related to either of them; or

(b) a new retailer will not, or will not 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 GASCOR or of a body corporate related to GASCOR;

specified exclusionary provision, in relation to a gas supply contract, means a provision that—

(a) has the purpose of preventing, restricting or limiting the acquisition of gas by GASCOR or a new retailer from particular persons or classes of persons or from particular persons or classes of persons in particular circumstances or on particular conditions; or

S. 62M def. of specified acquisition exclusivity provision substituted by No. 91/1997 s. 27(1)(c).

s. 62M

S. 62M def. of specified exclusionary provision amended by No. 91/1997 s. 27(1)(d)(i)–(iii).



33

(b) has the purpose of preventing, restricting or limiting the supply of gas by Esso or BHP severally to GASCOR or to GASCOR in particular circumstances or on particular conditions or by GASCOR to or through the agency of a new retailer or to or through the agency of a new retailer in particular circumstances or on particular conditions; or

(c) has the purpose of preventing, restricting or limiting the supply of gas—

(i) by Esso and BHP jointly or by either or each of them severally to particular persons or classes of persons (other than GASCOR) or to particular persons or classes of persons (other than GASCOR) in particular circumstances or on particular conditions; or

(ii) by GASCOR or a new retailer to particular persons, or particular persons or classes of persons in particular circumstances or 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 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 or by GASCOR to or through the agency of more than one new retailer;

s. 62M

S. 62M def. of specified price provision amended by No. 91/1997 s. 27(1)(e).



34

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 equitable force or not, that Esso and BHP jointly or either or each of them severally or GASCOR or a new retailer (as principal or agent) will not supply gas to any person or will not, or will not except to a limited extent, supply gas to particular persons or classes of persons or to persons other than particular persons or classes of persons or in particular places or classes of places or in places other than particular places or classes of places;

specified terms provision, in relation to a gas supply contract means a provision that provides for the supply of gas—

(a) by Esso and BHP jointly or either of them severally to GASCOR; or

(b) by GASCOR to or through the agency of more than one new retailer—

upon identical or like or similar terms and conditions that 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 Competition Code;

specified volume provision, in relation to a gas supply contract, means a provision, not being a specified acquisition exclusivity provision or a specified supply exclusivity provision, that provides for during or in respect of any particular period or series of particular periods—

S. 62M def. of specified supply exclusivity provision amended by No. 91/1997 s. 27(1)(f).

S. 62M def. of specified terms provision substituted by No. 91/1997 s. 27(1)(g).

s. 62M

S. 62M def. of specified volume provision amended by No. 91/1997 s. 27(1)(h)(i)–(iv).



35

(a) the acquisition by GASCOR from Esso and BHP jointly or from either or each of them severally or by a new retailer from GASCOR of a volume of gas that is specified, identifiable or capable of calculation; or

(b) the supply to GASCOR by Esso and BHP jointly or by either or each of them severally or by GASCOR or to or through the agency of a new retailer of a volume of gas that is specified, identifiable or capable of calculation; or

(c) the payment by GASCOR to Esso and BHP jointly or to either or each of them severally or by a new retailer to GASCOR of any amount of money for the reason 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) or the new retailer has not acquired or has not agreed to acquire from GASCOR or has not supplied or agreed to supply as GASCOR's agent a volume of 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 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 Commonwealth.

62N Assignment

s. 62M

S. 62N inserted by No. 36/1997 s. 13.



36

(1) If GASCOR, Esso, BHP or a new retailer assigns the whole or any part or any combination of parts (not comprising the whole) of its rights under a gas supply contract to a person or to persons, a reference to GASCOR, Esso, BHP or the new retailer (as the case requires) in this Part (except the definitions in this Part of BHP, Esso, GASCOR or new retailer and this section) shall be construed from the time of that assignment to be—

(a) in the case where GASCOR, Esso, BHP or the new retailer assigns the whole of its rights under a gas supply contract, a reference to that person or to those persons and to a body corporate related to that person or to any of those persons; and

(b) in the case where GASCOR, Esso, BHP or the new retailer assigns a part or combination of 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 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, BHP or the new retailer (as the case requires).

(2) Subsection (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)

s. 62N

S. 62N(1) amended by No. 91/1997 s. 27(2).

S. 62N(1)(a) amended by No. 91/1997 s. 27(3).

S. 62N(1)(b) amended by No. 91/1997 s. 27(3).

s. 62N

S. 62N(1)(b)(ii) amended by No. 91/1997 s. 27(3).

S. 62N(2) amended by No. 91/1997 s. 27(3).



37

of the rights held originally by GASCOR, Esso, BHP or the new retailer 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 subsection (1).

(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 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 rights, benefits, privileges or facilities under a gas supply contract.

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 by any, all or some of GASCOR, BHP, Esso and the new retailers 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 December 2010.

62P Application

Section 62O applies to the following things—

S. 62O inserted by No. 36/1997 s. 13, amended by No. 91/1997 s. 27(4)(a).

s. 62O

S. 62P inserted by No. 36/1997 s. 13.



38

(a) attempting to make or making a gas 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;

(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 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 specified price provision of a gas supply contract;

(g) attempting to make or making a gas supply contract which contains a specified volume provision;

(h) attempting to give or giving effect to a specified volume provision of a gas supply contract;

S. 62P(i) amended by No. 91/1997 s. 27(4)(b)(c).s. 62P

(i) attempting to supply or attempting to offer to supply or supplying or offering to supply gas to GASCOR or to or through the agency of a new retailer pursuant to a gas supply contract which contains a specified acquisition exclusivity provision where the engaging by Esso and BHP or either or each of them or by GASCOR (as the case requires) in that conduct has the purpose, or has or is likely to



39

have the effect, of substantially lessening competition within the meaning of section 47 of the 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 jointly or from either or each of them severally or from GASCOR pursuant to a gas supply contract which contains a specified supply exclusivity provision where the engaging by GASCOR or a new retailer (as the case requires) 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 Trade Practices Act and the Competition 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;

(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.

* * * * *

_______________

S. 62P(j) amended by No. 91/1997 s. 27(4)(d)(e).

S. 62PA inserted by No. 91/1998 s. 19, amended by No. 39/1999 s. 21, repealed by No. 32/2001 s. 18.

s. 62PPart 13A—Transfer of Certain Property and Staff of Nominated Public Gas

Companies


40

PART 6C—MASTER AGREEMENTS

62Q Definitions

In this Part—

BHP means BHP Petroleum (Bass Strait) Pty Ltd or a body corporate related to it;

Competition Code has the same meaning as in the Competition Policy Reform (Victoria) Act 1995;

Esso means Esso Australia Resources Ltd or a body corporate related to it;

gas supply contract has the same meaning as in section 62M;

master agreement means—

(a) a contract between GASCOR and a new retailer or new retailers and RCo containing terms and conditions—

(i) on which the rights and obligations of GASCOR under a gas supply contract are to be exercised; and

(ii) under which quantities of gas are allocated among the new retailers and RCo; and

(iii) which is designated as such by the Minister for the purpose of this provision; and

Pt 6C (Heading and ss 62Q–62T) inserted by No. 40/1998s. 27.

S. 62Q inserted by No. 40/1998s. 27.

s. 62QPart 13A—Transfer of Certain Property and Staff of Nominated Public Gas

Companies


41

(b) each and any variation to the master agreement as approved by the Minister; and

(c) a contract or arrangement made or understanding arrived at between GASCOR and a new retailer or new retailers and RCo or between new retailers and RCo for the purpose of giving effect to, or incidental to, an obligation or right of one or more of the parties under the master agreement;

new retailer has the same meaning as in section 62M;

RCo means Gas Release Co Pty Ltd A.C.N. 079 089 286;

specified operational provision, in relation to a master agreement, means a provision that relates to—

(a) the provision of information by a new retailer or RCo to GASCOR or by GASCOR to a new retailer or RCo or the provision or sharing of information between such parties inter se; or

(b) any direction or action, or decision to make any direction or take any action by a party to the master agreement or its representative collectively with any other such party or its representative relating to any right, entitlement, interest, decision or action that GASCOR has or may take or exercise under a gas supply contract—

and has the purpose or has or is likely to have the effect of substantially lessening competition within the meaning of section 45


Companies


42

of the Trade Practices Act and the Competition Code;

specified price provision, in relation to a master agreement, means a provision that has the purpose or has or is likely to have the effect, of fixing, controlling or maintaining or providing for the fixing, controlling or maintaining of the price for gas to be acquired by GASCOR, supplied by GASCOR to or through the agency of more than one new retailer or acquired by more than one new retailer or RCo;

specified price review provision means a specified price provision that relates to the conduct of any price review under the price review provisions of a gas supply contract;

specified terms provision, in relation to a master agreement, means a provision that provides for the supply of gas by GASCOR to or through the agency of more than one new retailer or RCo, or that provides for the acquisition of gas by more than one new retailer or RCo, upon identical or like or similar terms and conditions that 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 Competition Code;

specified volume provision, in relation to a master agreement, means a provision that relates to—

(a) the acquisition by a new retailer or RCo from GASCOR of a volume of gas that


Companies


43

is specified, identifiable or capable of calculation; or

(b) the supply by GASCOR to or through the agency of a new retailer or RCo of a volume of gas that is specified, identifiable or capable of calculation; or

(c) the payment by a new retailer or RCo to GASCOR of any amount of money for the reason 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) or the new retailer or RCo has not acquired or has not agreed to acquire from GASCOR or has not supplied or agreed to supply as GASCOR's agent a volume of 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 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 Commonwealth.

62R Assignment

(1) If GASCOR, a new retailer or RCo assigns the whole or any part or any combination of parts (not comprising the whole) of its rights under a master agreement to a person or to persons, a reference to GASCOR, the new retailer or RCo (as the case requires) in this Part (except the definitions in this Part of GASCOR, new retailer or RCo and this

S. 62R inserted by No. 40/1998s. 27.

s. 62RPart 13A—Transfer of Certain Property and Staff of Nominated Public Gas

Companies


44

section) shall be construed from the time of that assignment to be—

(a) in the case where GASCOR, the new retailer or RCo assigns the whole of its rights under a master agreement, a reference to that person or to those persons and to a body corporate related to that person or to any of those persons; and

(b) in the case where GASCOR, the new retailer or RCo assigns a part or combination of parts (not comprising the whole) of its rights under a master agreement—

(i) in respect of the part or combination of parts assigned, a reference to that person or to those 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, the new retailer or RCo (as the case requires).

(2) Subsection (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 originally by GASCOR, the new retailer or RCo under a master agreement and held at that time by that person or those persons and in respect of which there has been a previous application of subsection (1).

(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 allocation under this Act, assignment, conveyance, grant, transfer or novation and for the other corresponding

s. 62RPart 13A—Transfer of Certain Property and Staff of Nominated Public Gas

Companies


45

grammatical forms of each of those words; and

(b) a reference to rights under a master agreement shall be read as a reference to rights, benefits, privileges or facilities under a master agreement.

62S Approval

(1) Subject to subsection (2), for the purposes of Part IV of the Trade Practices Act and of the Competition Code, any thing done or other conduct engaged in by any, all or some of GASCOR, the new retailers and RCo that is specified in section 62T as a thing or other conduct engaged in to which this section applies, is specifically authorised to be done during the period ending 31 December 2010.

(2) The specific authorisation referred to in subsection (1) is intended to operate—

(a) to the extent that the master agreement contains terms and conditions on which the rights and obligations of GASCOR under a gas supply contract are to be exercised; and

(b) in parallel with the authorisation contained in section 62O.

62T Application

Section 62S applies to the following things—

(a) attempting to make or making a master agreement which contains a specified terms provision, other than a specified price review provision;

S. 62S inserted by No. 40/1998s. 27.

s. 62S

S. 62S(1) amended by No. 11/2002 s. 3(Sch. 1 item 29).

S. 62T inserted by No. 40/1998s. 27.



46

(b) attempting to give or giving effect to a specified terms provision of a master agreement, other than a specified price review provision;

(c) attempting to make or making a master agreement which contains a specified price provision, other than a specified price review provision;

(d) attempting to give or giving effect to a specified price provision of a master agreement, other than a specified price review provision;

(e) attempting to make or making a master agreement which contains a specified volume provision;

(f) attempting to give or giving effect to a specified volume provision of a master agreement;

(g) attempting to make or making a master agreement which contains a specified operational provision other than a specified price provision;

(h) attempting to give or giving effect to a specified operational provision of a master agreement other than a specified price provision.

_______________

s. 62TPart 13A—Transfer of Certain Property and Staff of Nominated Public Gas

Companies


47

PART 7—TRANSFER OF PROPERTY

Division 1—Preliminary

63 Definitions

(1) In this Part—

former gas corporation instrument means—

(a) in relation to former gas corporation property of which the GFCV is the transferor, GFCV instrument;

(b) in relation to former gas corporation property of which a gas corporation or gas company is the transferor, an instrument (including a legislative instrument other than this Act and regulations under this Act and the Gas and Fuel Corporation Act 1958 and regulations under that Act) subsisting immediately before the appropriate relevant date—

(i) to which the gas corporation or gas company was a party; or

(ii) that was given to or in favour of the gas corporation or gas company; or

(iii) that refers to the gas corporation or gas company; or

(iv) under which—

(A) money is, or may become, payable to or by the gas corporation or gas company; or

s. 63

S. 63(1) def. of former gas corporation instrument amended by No. 91/1997 s. 28(1)(a).



48

(B) other property is to be, or may become liable to be, transferred to or by the gas corporation or gas company;

former gas corporation property means property, rights or liabilities of a gas corporation or gas company that, under this Part, have vested in, or become liabilities of, another gas corporation or gas company, the Treasurer or the State or a person or persons nominated in writing by the Minister;

former GASCOR subsidiary means a company all the shares in which were held by GASCOR at any time before 15 September 2003;

relevant date means—

(a) in relation to the property and rights that, under section 64, are vested in the Treasurer, the commencement of that section;

(b) in relation to property, rights and liabilities that, under section 65, are vested in, or become liabilities of GTC, the commencement of that section;

(c) in relation to property, rights and liabilities that, under section 66, are vested in, or become liabilities of GASCOR, the commencement of that section;

(d) in relation to an allocation statement under section 68 or property, rights or liabilities allocated under such an allocation statement means the date fixed by the Minister under

S. 63(1) def. of former gas corporation property amended by No. 91/1997 s. 28(1)(b)(i)(ii).

S. 63(1) def. of former GASCOR subsidiary inserted by No. 2/2004 s. 7(1).

S. 63(1) def. of relevant date amended by No. 39/1999 s. 30(a).


Companies


49

subsection (2) for the purposes of that statement;

transferee, in relation to former gas corporation property, means the gas corporation, the Treasurer, the State or a person or persons nominated in writing by the Minister or 2 or more of the gas corporations, the Treasurer, the State and such a person or persons to which the property has been transferred under this Part;

transferred property means property, rights and liabilities of GFCV that, under this Part have vested in, or become liabilities of, a transferee;

transferor, in relation to former gas corporation property, means the gas corporation or gas company from which the former gas corporation property was transferred under this Part.

(2) The Minister may, by notice published in the Government Gazette fix the relevant date for the purposes of an allocation statement under section 68.

* * * * *

* * * * *

S. 63(1) def. of transferee substituted by No. 91/1997 s. 28(1)(c).

s. 63

S. 63(1) def. of transferor amended by No. 91/1997 s. 28(1)(d).

Pt 7 Div. 2 (Heading and ss 64–67) repealed by No. 73/2005 s. 4(Sch. 2 item 3.7).

Pt 7 Div. 3 (Heading and s. 68) amended by No. 91/1997 s. 28(2), 40/1998 s. 28, repealed by No. 73/2005 s. 4(Sch. 2 item 3.7).



50

* * * * *

Division 5—General

71 Certificate of chief executive officers. 71

S. 71(1) amended by No. 91/1997 s. 28(4).

(1) A certificate signed by the chief executive officer of a gas corporation or gas company that is a transferor certifying that property, rights or liabilities of the gas corporation or gas company specified in the certificate have been vested in or become liabilities of the transferee or have been allocated under an allocation statement in accordance with section 65 or 66 or the directions of the Minister is, unless revoked under subsection (2), conclusive evidence—

(a) that the property, rights or liabilities have been so vested or allocated or become liabilities of the transferee; and

(b) that the property, rights or liabilities vested in or became the property, rights or liabilities of the transferee on the relevant date.

(1A) Subsection (1) does not apply to GASCOR or to a former GASCOR subsidiary.

(1B) A certificate signed by the relevant person certifying that property, rights or liabilities of GASCOR (as transferor) or of a former GASCOR

Pt 7 Div. 4 (Heading and ss 69, 70) amended by No. 91/1997 s. 28(3), repealed by No. 73/2005 s. 4(Sch. 2 item 3.7).

S. 71(1A) inserted by No. 2/2004 s. 7(2).

S. 71(1B) inserted by No. 2/2004 s. 7(2).



51

subsidiary (as transferor) specified in the certificate have been vested in or become liabilities of the transferee or have been allocated under an allocation statement in accordance with section 65 or 66 or the directions of the Minister is, unless revoked under subsection (2), conclusive evidence—

(a) that the property, rights or liabilities have been so vested or allocated or become liabilities of the transferee; and


(2) If the Treasurer and the Minister so direct the chief executive officer of a transferor in writing, the chief executive officer must revoke a certificate given under this section by issuing another certificate or certificates in place of the first certificate.

(3) The chief executive officer of a transferor—

(a) must keep a register of certificates issued under this section; and

(b) must make the register reasonably available for inspection by a transferee or other interested person.

(4) In subsections (2) and (3), a reference to the chief executive officer of a transferor is, in the case of GASCOR or a former GASCOR subsidiary, to be taken to be a reference to the relevant person.

(5) Nothing in subsection (1A), (1B) or (4) affects the evidentiary value of a certificate issued under subsection (1) before the commencement of the Gas Industry (Residual Provisions) (Amendment) Act 2004, but any such certificate may be revoked under subsection (2).

s. 71

S. 71(2) amended by No. 2/2004 s. 7(3).

S. 71(4) inserted by No. 2/2004 s. 7(4).

S. 71(5) inserted by No. 2/2004 s. 7(4).



52

s. 71S. 71(6) inserted by No. 2/2004 s. 7(4).

(6) The requirement on the relevant person under subsection (3) to keep and make available a register includes the requirement to keep and make available any register kept under this section in respect of GASCOR or a former GASCOR subsidiary before the commencement of the Gas Industry (Residual Provisions) (Amendment) Act 2004.

S. 71(7) inserted by No. 2/2004 s. 7(4).s. 71

(7) In this section relevant person means—

(a) the Administrator within the meaning of the State Electricity Commission Act 1958; or

(b) such other person as the Treasurer may appoint by an instrument in writing for the purposes of this section.

* * * * *

* * * * *

* * * * *

* * * * *

S. 72 amended by No. 91/1997 s. 28(5)–(7), repealed by No. 73/2005 s. 4(Sch. 2 item 3.8).

S. 73 repealed by No. 73/2005 s. 4(Sch. 2 item 3.8).

S. 74 amended by No. 91/1997 s. 28(8), repealed by No. 73/2005 s. 4(Sch. 2 item 3.8).

Ss 75–78 repealed by No. 73/2005 s. 4(Sch. 2 item 3.8).



53

79 Amendment of Register

(1) The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument and certificate of the chief executive officer of the transferor of former gas corporation property, must make any amendments in the Register that are necessary because of the operation of this Part.

(2) Despite subsection (1), it is not necessary to produce a certificate of title in the case of a request for amendment to the Register in relation to transferred property that is an easement registered under the Transfer of Land Act 1958.

(3) In this section, a reference to the certificate of the chief executive officer of the transferor of former gas corporation property includes, in the case of GASCOR or a former GASCOR subsidiary, a reference to the certificate of the relevant person given under section 71 in respect of former gas corporation property.

80 Taxes

No stamp duty or other tax is chargeable under any Act in respect of anything effected by or done under this Part or in respect of any act or transaction connected with or necessary to be done by reason of this Part, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities of a gas corporation or gas company.

s. 79

S. 79(2) repealed by No. 85/1998 s. 24(Sch. item 29.1), new s. 79(2) inserted by No. 39/1999 s. 22.

S. 79(3) repealed by No. 85/1998 s. 24(Sch. item 29.1), new s. 79(3) inserted by No. 2/2004 s. 7(5).

S. 80 amended by No. 91/1997 s. 28(9).



54

81 Evidence

(1) Documentary or other evidence that would have been admissible for or against the interests of a transferor in relation to former gas corporation property if this Part had not been enacted, is admissible for or against the interests of the transferee.

(2) The Evidence Act 2008 applies with respect to the books of account of a gas corporation or gas company and to entries made in those books of account before the relevant date, whether or not they relate to former gas corporation property, as if those books of account and entries were business records.

* * * * *

* * * * *

_______________

s. 81

S. 81(2) amended by Nos 91/1997 s. 28(10), 69/2009 s. 54(Sch. Pt 1 item 28.1).

S. 81(3) repealed by No. 69/2009 s. 54(Sch. Pt 1 item 28.3).Pt 7 Div. 6 (Heading and ss 82–83B) amended by No. 91/1997 s. 29, repealed by No. 73/2005 s. 4(Sch. 2 item 3.7).



55

* * * * *

* * * * *

Pt 8 (Heading and ss 84–87F) amended by Nos 31/1995 ss 40, 41, 4/1996 s. 134(4), 36/1997 ss 14, 15, 91/1997 s. 30, 2/2004 s. 8, repealed by No. 73/2005 s. 4(Sch. 2 item 3.9).

Pt 8A (Heading and ss 87G–87L) inserted by No. 91/1997 s. 31, repealed by No. 73/2005 s. 4(Sch. 2 item 3.10).



56

PART 9—GENERAL

88 Delegation by Minister and Treasurer

The Minister or the Treasurer may, in writing, delegate to any person any function or power of the Minister or the Treasurer under this Act, other than this power of delegation.

* * * * *

* * * * *

* * * * *

s. 84s. 88

S. 88A inserted by No. 91/1997 s. 32, amended by Nos 91/1998 s. 20(1), 39/1999 s. 25(1), 2/2004 s. 9, repealed by No. 73/2005 s. 4(Sch. 2 item 3.11).

S. 88B inserted by No. 91/1997 s. 32, amended by No. 40/1998 s. 29, repealed by No. 73/2005 s. 4(Sch. 2 item 3.11).

S. 88C inserted by No. 91/1997 s. 32, repealed by No. 73/2005 s. 4(Sch. 2 item 3.11).



57

89 Validity of things done under this Acts. 89

S. 89(1) amended by No. 91/1997 s. 33(a).

(1) Nothing effected or to be effected by this Act or done or suffered under this Act (including without limitation the transfer or vesting of any property, rights or liabilities in accordance with Part 7)—

(a) is to be regarded as placing any person in breach of contract or confidence or as otherwise making any person guilty of a civil wrong; or

(b) is subject to compliance with or is to be regarded as placing any person in breach of or as constituting a default under any Act or other law or obligation or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision or obligation prohibiting, restricting or regulating the assignment, transfer, sale or disposal of any property or the disclosure of any information; or

(c) is to be regarded as fulfilling any condition which allows a person to exercise a power, right or remedy in respect of or to terminate any agreement or obligation; or

(d) is to be regarded as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument because of a change in the beneficial or legal ownership of any asset, right or liability; or

(e) is to be regarded as causing any contract or instrument to be void or otherwise unenforceable; or



58

(f) is to be regarded as frustrating any contract; or

(g) releases any surety or other obligee wholly or in part from any obligation.

(2) The validity of any act or transaction of a gas corporation or its chief executive officer must not be called in question in any proceedings on the ground that any provision of this Act or the Gas and Fuel Corporation Act 1958 had not been complied with.

(3) For the avoidance of doubt, contract, in this section, includes without limitation each agreement, contract or document referred to in Schedule 4.

* * * * *

90A Saving of contracts

Neither this Act, nor the Gas and Fuel Corporation (Repeal) Act 1995 nor the repeal of section 102 of the Gas and Fuel Corporation Act 1958 varies any rights referred to in that section.

* * * * *

* * * * *

S. 90 repealed by No. 73/2005 s. 4(Sch. 2 item 3.11).

S. 90A inserted by No. 31/1995 s. 42.

s. 90A

S. 91 amended by Nos 80/1995 s. 9(1), 39/1999 s. 30(b), repealed by No. 32/2001 s. 19.

S. 92 amended by No. 80/1995 s. 9(2)(3), repealed by No. 32/2001 s. 19.



59

* * * * *

* * * * *

* * * * *

* * * * *

* * * * *

* * * * *

Ss 93, 94 repealed by No. 73/2005 s. 4(Sch. 2 item 3.11).

S. 95 amended by No. 91/1997 s. 33(b), repealed by No. 2/2004 s. 10.

S. 96 amended by Nos 91/1997 s. 33(b), 2/2004 s. 11, repealed by No. 73/2005 s. 4(Sch. 2 item 3.11).

s. 93

S. 96A inserted by No. 31/1995 s. 43, amended by Nos 91/1997 s. 33(b), 40/1998 s. 30, 39/1999 s. 23, 2/2004 s. 12, 39/2005 s. 57, repealed by No. 73/2005 s. 4(Sch. 2 item 3.11).

S. 97 amended by No. 91/1997 s. 33(c)(d), repealed by No. 73/2005 s. 4(Sch. 2 item 3.11).

Ss 98, 99 repealed by No. 91/1997 s. 33(e).



60

100 Treasurer may give guarantees. 100

S. 100(1) substituted by No. 91/1997 s. 34(1).

(1) The Treasurer may, on behalf of the Government of Victoria, execute a guarantee, on such terms and conditions as the Treasurer determines, in favour of any person guaranteeing the due satisfaction of amounts that become payable by a public gas company under section 19(1) or 88B(1) or because of Part 7 or of amounts that become payable, and of other actions required to be performed, as a result of, or in connection with, the discharge of liabilities or the performance of obligations of a public gas company.

(2) Any sums required by the Treasurer in fulfilling any liability arising under a guarantee given under this section shall be paid out of the Consolidated Fund, which is to the necessary extent appropriated accordingly.

(3) Any sums received or recovered by the Treasurer from a public gas company or otherwise in respect of any sum paid by the Treasurer under a guarantee shall be paid into the Consolidated Fund.

* * * * *

* * * * *

S. 100(3) amended by No. 91/1997 s. 34(2).

S. 100(4) inserted by No. 91/1998 s. 20(2), repealed by No. 39/1999 s. 29(a).

S. 101 amended by No. 91/1997 s. 35, repealed by No. 73/2005 s. 4(Sch. 2 item 3.11).



61

101A Exemption from Freedom of Information Act 1982

(1) A public gas company is not, and is not eligible to be declared to be, an agency or prescribed authority within the meaning of the Freedom of Information Act 1982.

(2) In this section, public gas company includes Gas Services Business Pty Ltd A.C.N. 079 089 277.

101B Supreme Court—limitation of jurisdiction

* * * * *

(2) It is the intention of sections 16I, 16J, 62L, 149B and 149C to alter or vary section 85 of the Constitution Act 1975.

* * * * *

102 Regulations

(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or

S. 101A inserted by No. 91/1997 s. 36, amended by No. 91/1998 s. 20(3) (ILA s. 39B(1)).

s. 101A

S. 101A(2) inserted by No. 91/1998 s. 20(3), substituted by No. 39/1999 s. 25(2).

S. 101B inserted by No. 40/1998s. 31, amended by No. 91/1998 s. 21(1) (ILA s. 39B(1)).

S. 101B(1) repealed by No. 73/2005 s. 4(Sch. 2 item 3.11).

S. 101B(2) inserted by No. 91/1998 s. 21(1).

S. 101B(3) inserted by No. 39/1999 s. 26, repealed by No. 73/2005 s. 4(Sch. 2 item 3.11).

S. 102 amended by Nos 36/1997 s. 16, 91/1997 s. 37, 99/1997 s. 119(3), 31/1998 s. 25(h), 39/1999 s. 24, substituted by No. 32/2001 s. 20.


Companies


62

necessary to be prescribed to give effect to this Act.

(2) The regulations are subject to disallowance by a House of the Parliament.

_______________



63

PART 10—TRANSITIONAL

* * * * *

* * * * *

* * * * *

* * * * *

* * * * *

105 Savings and transitional provisions

Schedule 5 has effect.

S. 103 amended by No. 31/1995 s. 44(1)(a), repealed by No. 73/2005 s. 4(Sch. 2 item 3.12).

s. 103

S. 104 amended by No. 31/1995 s. 44(1)(b), repealed by No. 73/2005 s. 4(Sch. 2 item 3.12).

S. 104A inserted by No. 91/1997 s. 38, repealed by No. 73/2005 s. 4(Sch. 2 item 3.12).

S. 104B inserted by No. 91/1997 s. 38, amended by Nos 91/1998 s. 20(4), 39/1999 s. 29(b), repealed by No. 73/2005 s. 4(Sch. 2 item 3.12).

S. 104C inserted by No. 91/1997 s. 39, repealed by No. 73/2005 s. 4(Sch. 2 item 3.12).

S. 105 repealed by No. 99/1997 s. 119(4), new s. 105 inserted by No. 32/2001 s. 21.


Companies


64

_______________

* * * * *

* * * * *

* * * * *

Pt 11 (Heading and ss 106–112) repealed by No. 31/1995 s. 44(3)(a).

Pt 12 (Heading and ss 113, 114) repealed by No. 31/1995 s. 44(3)(b).

Pt 13 (Heading and s. 115) repealed by No. 73/2005 s. 4(Sch. 2 item 3.13).



65

PART 13A—TRANSFER OF CERTAIN PROPERTY AND STAFF OF NOMINATED PUBLIC GAS COMPANIES

Division 1—Definitions and applications

115A Definitions

(1) In this Part—

former GASCOR subsidiary means a company that at any time before 15 September 2003 was—

(a) a PGC all the shares in which were held by GASCOR; or

(b) a PGC all the shares in which were held by a company all the shares in which were held by GASCOR;

former PGC property means property, rights or liabilities of a PGC that, under this Part, have vested in, or become liabilities of another person;

new employer, in relation to a transferred PGC employee, means the person by which, by virtue of section 115O, the transferred PGC employee is regarded as being employed with effect from the relevant date;

PGC means a public gas company that is nominated by the Minister under section 115B;

PGC instrument means an instrument (including a legislative instrument other than this Act)

Pt 13A (Heading and ss 115A–115Q) inserted by No. 91/1997 s. 40.

S. 115A inserted by No. 91/1997 s. 40.

s. 115A

S. 115A(1) def. of former GASCOR subsidiary inserted by No. 2/2004 s. 13(1).



66

subsisting immediately before the relevant date in relation to a PGC—

(a) to which the PGC was a party; or

(b) that was given to or in favour of the PGC; or

(c) that refers to the PGC; or

(d) under which—

(i) money is, or may become, payable to or by the PGC; or

(ii) other property is to be, or may become liable to be, transferred to or by the PGC;

PGC transferee, in relation to former PGC property, means the person to which the property has been transferred under this Part;

public gas company includes Gas Services Business Pty Ltd A.C.N. 079 089 277;

relevant date—

(a) in relation to an allocation statement or property, rights or liabilities allocated under an allocation statement, means the date fixed by the Minister under subsection (2) for the purposes of that statement;

(b) in relation to a document referred to in section 115N(1), means a date fixed by the Minister under subsection (2) for the purposes of that document;

S. 115A(1) def. of public gas company inserted by No. 91/1998 s. 20(5), substituted by No. 39/1999 s. 25(3).

s. 115APart 13A—Transfer of Certain Property and Staff of Nominated Public Gas

Companies


67

transferred PGC employee means a person who, by virtue of section 115O, is regarded as being employed by a new employer with effect from the relevant date;

transferor company means a public gas company.

(2) The Minister may, by notice published in the Government Gazette—

(a) fix a relevant date for the purposes of an allocation statement under section 115C;

(b) fix a relevant date for the purposes of a document referred to in section 115N(1).

* * * * *

Division 2—Allocation of property

* * * * *

115D Certificate of chief executive officer

(1) A certificate signed by the chief executive officer of the PGC certifying that property, rights or

S. 115B inserted by No. 91/1997 s. 40, amended by No. 40/1998s. 33, repealed by No. 73/2005 s. 4(Sch. 2 item 3.14).

S. 115C inserted by No. 91/1997 s. 40, amended by No. 40/1998 s. 32, repealed by No. 73/2005 s. 4(Sch. 2 item 3.14).

S. 115D inserted by No. 91/1997 s. 40.

s. 115DPart 13A—Transfer of Certain Property and Staff of Nominated Public Gas

Companies


68

liabilities of the PGC specified in the certificate have been allocated under the allocation statement to a person so specified is, unless revoked under subsection (2), conclusive evidence—

(a) that the property, rights or liabilities have been so allocated; and

(b) that the property, rights or liabilities vested in or became the property, rights or liabilities of the person on the relevant date.

(1A) Subsection (1) does not apply to GASCOR or to a former GASCOR subsidiary.

(1B) A certificate signed by the relevant person certifying that property, rights or liabilities of GASCOR or of a former GASCOR subsidiary specified in the certificate have been allocated under an allocation statement under this Part to a person so specified is, unless revoked under subsection (2), conclusive evidence—

(a) that the property, rights or liabilities have been so allocated; and

(b) that the property, rights or liabilities vested in or became the property, rights or liabilities of the person on the relevant date.

(2) If the Treasurer and the Minister so direct the chief executive officer of the PGC in writing, the chief executive officer of the PGC must revoke a certificate given under this section by issuing another certificate or certificates in place of the first certificate.

(3) The chief executive officer—


(b) must make the register reasonably available for inspection by an interested person.

S. 115D(1A) inserted by No. 2/2004 s. 13(2).

S. 115D(1B) inserted by No. 2/2004 s. 13(2).

S. 115D(2) amended by No. 2/2004 s. 13(3).

s. 115DPart 13A—Transfer of Certain Property and Staff of Nominated Public Gas

Companies


69

(4) In subsections (2) and (3), a reference to the chief executive officer of the PGC is, in the case of GASCOR or a former GASCOR subsidiary, to be taken to be a reference to the relevant person.

(5) Nothing in subsection (1A), (1B) or (4) affects the evidentiary value of a certificate issued under subsection (1) before the commencement of the Gas Industry (Residual Provisions) (Amendment) Act 2004, but any such certificate may be revoked under subsection (2).

(6) The requirement on the relevant person under subsection (3) to keep and make available a register includes the requirement to keep and make available any register kept under this section in respect of GASCOR or a former GASCOR subsidiary before the commencement of the Gas Industry (Residual Provisions) (Amendment) Act 2004.

(7) In this section relevant person means—

(a) the Administrator within the meaning of the State Electricity Commission Act 1958; or

(b) such other person as the Treasurer may appoint by an instrument in writing for the purposes of this section.

Division 3—Transfer of property

* * * * *

115K Amendment of Register

(1) The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument and certificate of the chief

S. 115D(4) inserted by No. 2/2004 s. 13(4).




Ss 115E–115J inserted by No. 91/1997 s. 40, repealed by No. 73/2005 s. 4(Sch. 2 item 3.14).

S. 115K inserted by No. 91/1997 s. 40.

s. 115KPart 13A—Transfer of Certain Property and Staff of Nominated Public Gas

Companies


70

executive officer of the PGC, must make any amendments in the Register that are necessary because of the operation of this Part.

(2) Despite subsection (1), it is not necessary to produce a certificate of title in the case of a request for amendment to the Register in relation to transferred property that is an easement registered under the Transfer of Land Act 1958.

(3) In this section, a reference to the certificate of the chief executive officer of the PGC, includes, in the case of GASCOR or a former GASCOR subsidiary, a reference to the certificate of the relevant person given under section 115D.

115L Evidence

(1) Documentary or other evidence that would have been admissible for or against the interests of the PGC in relation to former PGC property if this Part had not been enacted, is admissible for or against the interests of the PGC transferee.

(2) Division 3A of Part III of the Evidence Act 1958 continues to apply with respect to the books of account of the PGC and to entries made in those books of account before the relevant date, whether or not they relate to former PGC property.

(3) In subsection (2), books of account has the same meaning as in Division 3A of Part III of the Evidence Act 1958.

S. 115K(2) repealed by No. 85/1998 s. 24(Sch. item 29.2), new s. 115K(2) inserted by No. 39/1999 s. 27.

S. 115K(3) repealed by No. 85/1998 s. 24(Sch. item 29.2), new s. 115K(3) inserted by No. 2/2004 s. 13(5).

S. 115L inserted by No. 91/1997 s. 40.

s. 115LPart 13A—Transfer of Certain Property and Staff of Nominated Public Gas

Companies


71

115M Validity of things done under this Part

(1) Nothing effected by this Part or done or suffered under this Part or the cessation of carrying on business by a PGC—

(a) is to be regarded as placing the PGC, the State, a Minister or another person in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or

(b) is to be regarded as placing any of them in breach of or as constituting a default under any Act or other law or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or

(c) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or




(g) releases any surety or other obligee wholly or in part from any obligation.

S. 115M inserted by No. 91/1997 s. 40.

s. 115MPart 13A—Transfer of Certain Property and Staff of Nominated Public Gas

Companies


72

(2) The validity of any act or transaction of a PGC must not be called in question in any proceedings on the ground that any provision of this Act had not been complied with.

* * * * *

Division 5—Permits and licences under Pipelines Act 1967

115Q Pipelines

(1) If former PGC property includes a pipeline or part of a pipeline (the transferred pipeline) to which a permit or licence under the Pipelines Act 1967 applies, on the relevant date in relation to the relevant allocation statement—

(a) the PGC transferee is deemed to be the holder of a permit under that Act to own and use, and a licence under that Act to operate, the transferred pipeline on the same terms and conditions (with such amendments as are necessary for their application to the transferred pipeline) and for the same period as those applicable to the PGC; and

(b) any permits or licences relating wholly or in part to the transferred pipeline held by the PGC under that Act are, by force of this section, varied or cancelled to the extent necessary as a result of paragraph (a).

Pt 13A Div. 4 (Heading and ss 115N–115P) inserted by No. 91/1997 s. 40, amended by No. 39/1999 s. 28, repealed by No. 73/2005 s. 4(Sch. 2 item 3.15).

S. 115Q inserted by No. 91/1997 s. 40.


Companies


73

(2) As soon as practicable after the relevant date in relation to the relevant allocation statement, the Minister—

(a) must issue to the PGC transferee permit and licence documents that comply with subsection (1)(a); and

(b) must vary or cancel permit and licence documents, or issue permit and licence documents, so that the PGC has permit and licence documents that comply with subsection (1).

(3) Subject to subsection (4), the Pipelines Act 1967 does not apply to—

(a) a permit or licence referred to in subsection (1)(a); or

(b) the issue, under subsection (2), of a permit or licence document; or

(c) the cancellation of a permit or licence by force of subsection (1)(b).

(4) The Pipelines Act 1967 applies on and from the relevant date to—

(a) the renewal, transfer, amendment or cancellation of a permit or licence referred to in subsection (1)(a), and to any new permit or licence issued on or after the expiry of that permit or licence; and

(b) the renewal, transfer, amendment or cancellation of a permit or licence referred to in subsection (3) and to any new permit or licence issued on or after the expiry of that permit or licence; and

(c) the transfer of an interest in the transferred pipeline, other than a transfer under this Part; and


Companies


74

(d) the construction, reconstruction, alteration, repair, maintenance, operation and use of the transferred pipeline.

(5) Despite subsection (4), nothing in the Pipelines Act 1967 requires a gas company to be the holder of a permit or licence under that Act by reason only of using a pipeline that the gas company does not own or construct.

_______________


Companies


75

PART 13B—PROVISIONS RELATING TO PRIVATISATION

* * * * *

115S Freedom of Information Act 1982

(1) The Freedom of Information Act 1982 does not apply to a document to the extent to which the document discloses information about—

(a) the identity of any person expressing an interest in purchasing, or making an offer to purchase, any shares in a public gas company or any property or rights of such a company; or

(b) the terms of any expression of interest or offer referred to in paragraph (a).

(2) In this section, public gas company includes Gas Services Business Pty Ltd A.C.N. 079 089 277.

_______________

Pt 13B (Heading and ss 115R, 115S) inserted by No. 91/1997 s. 40.

S. 115R inserted by No. 91/1997 s. 40, amended by Nos 91/1998 s. 20(6), 39/1999 s. 25(4), repealed by No. 73/2005 s. 4(Sch. 2 item 3.16).

S. 115S inserted by No. 91/1997 s. 40, amended by No. 91/1998 s. 20(7) (ILA s. 39B(1)).

s. 115S

S. 115S(2) inserted by No. 91/1998 s. 20(7), substituted by No. 39/1999 s. 25(5).



76

PART 14—TRANSFER OF CERTAIN PROPERTY OF GASCOR

116 Definitions

(1) In this Part—

former GASCOR property means the Longford assets and Longford liabilities that, under section 119, have vested in, or become liabilities of, the transferee;

GASCOR means GASCOR Pty Ltd ACN 085 262 773;

GASCOR contractual rights means the rights of GASCOR arising out of or under—

(a) any contract of insurance entered into by GASCOR on or before 10 December 1999 that includes public liability or professional indemnity insurance; or

(b) any chose in action, indemnity, remedy, right of compensation or other right in respect of Longford liabilities under any contract; or

Pt 14 (Heading and ss 116–149) inserted by No. 36/1997 s. 17, amended by Nos 46/1998 s. 7(Sch. 1), 91/1998 s. 22, repealed by No. 99/1997 s. 119(5), new Pt 14 (Heading and ss 116–127) inserted by No. 51/2002 s. 3.

New s. 116 inserted by No. 51/2002 s. 3.

s. 116

S. 116(1) def. of GASCOR contractual rights amended by No. 18/2005 s. 18(Sch. 1 item 47).



77

(c) any contract under which GASCOR has retained a law practice or an Australian legal practitioner (within the meaning of the Legal Profession Act 2004) to provide legal services in connection with the Longford proceedings;

GASCOR instrument means an instrument (including a legislative instrument other than this Part) subsisting immediately before the relevant date in relation to GASCOR—

(a) to which GASCOR was a party; or

(b) that was given to or in favour of GASCOR; or

(c) that refers to GASCOR; or

(d) under which—

(i) money is, or may become payable to or by GASCOR; or

(ii) other property is to be, or may become liable to be, transferred to or by GASCOR;

Longford assets means—

(a) GASCOR contractual rights; and

(b) other Longford rights; and

(c) all documents and records in the possession, custody or control of GASCOR relating to the Longford proceedings;


Companies


78

Longford liabilities means any liabilities of GASCOR arising out of or in connection with—

(a) the Longford proceedings; or

(b) the fire and explosions that occurred at the gas processing plant at Longford on 25 September 1998;

Longford proceedings means—

(a) proceeding No. 5538 of 2001 and proceeding No. 5975 of 2001 in the Supreme Court (the initial proceedings); and

(b) the claims by Esso Australia Pty Ltd (ACN 000 018 566) and Esso Australia Resources Pty Ltd (ACN 091 829 819) for contribution or indemnity from GASCOR in the Third Party Notice Statement of Claim dated 7 June 2001 in proceeding No. 5538 of 2001 (the initial third party claims); and

(c) any other proceedings where—

(i) a cause of action is the same or substantially similar to a cause of action in the initial proceedings or the initial third party claims; and

(ii) the facts, matters and circumstances relied on in the proceedings are similar to the facts, matters and circumstances relied on in the initial proceedings or the initial third party claims; and

(d) any appeal from the proceedings referred to in paragraph (a), (b) or (c);


Companies


79

other Longford rights means the rights of GASCOR (other than GASCOR contractual rights)—

(a) that arise out of any duty that a fiduciary owes to GASCOR in relation to or in connection with the Longford proceedings;

(b) under any Act or law relating to confidentiality or privilege and that arise out of or in connection with the Longford proceedings;

(c) to any amount of costs, damages or compensation arising in relation to or in connection with the Longford proceedings;

(d) to contribution or indemnity in respect of a Longford liability;

relevant date means the date fixed by the Minister under subsection (2) for the purposes of this Part;

transferee means the person nominated under section 118;

(2) The Minister may, by notice published in the Government Gazette, fix the relevant date for the purposes of this Part.

117 Purpose of Part

(1) It is the intention of this Part to provide for the transfer as a bundle in one transaction of the whole of the Longford assets and Longford liabilities to a person nominated by the Minister under this Part.

(2) This section has effect despite anything to the contrary in section 6 of the Interpretation of Legislation Act 1984.



Companies


80

118 Nomination of transferee

The Minister may by notice in writing to GASCOR nominate a person as the transferee for the purposes of this Part.

119 Transfer of Longford assets and Longford liabilities

On the relevant date—

(a) the Longford assets vest in the transferee; and

(b) the Longford liabilities become liabilities of the transferee.

120 Assets and liabilities to vest subject to encumbrances

On the Longford assets and Longford liabilities vesting in or becoming liabilities of the transferee under section 119—

(a) the Longford assets so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting; and

(b) the rights to which GASCOR was entitled in respect of the Longford liabilities immediately before they ceased to be liabilities of GASCOR vest in the transferee.

121 Certificate of chief executive officer

(1) A certificate signed by the chief executive officer of the transferee certifying that property, rights or liabilities of GASCOR specified in the certificate have been vested in or become liabilities of the transferee under section 119 is, unless revoked under subsection (2), conclusive evidence—

(a) that the property, rights or liabilities have been so vested or become liabilities of the transferee; and



s. 118





81


(2) If the Treasurer and the Minister so direct the chief executive officer of the transferee in writing, the chief executive officer must revoke a certificate given under subsection (1) by issuing another certificate or certificates in place of the first certificate.

(3) The chief executive officer of the transferee—


(b) must make the register reasonably available for inspection by GASCOR or any other interested person.

122 Substitution of party to agreement

On the rights and liabilities of GASCOR under an agreement vesting in, or becoming liabilities of, the transferee on the relevant date in accordance with section 119—

(a) the transferee becomes a party to the agreement in place of GASCOR; and

(b) the agreement has effect on and after the relevant date as if the transferee had always been a party to the agreement.

123 GASCOR instruments

Each GASCOR instrument relating to former GASCOR property continues to have effect according to its tenor on and after the relevant date as if a reference in the instrument to GASCOR were a reference to the transferee.


s. 122




82

124 Longford proceedings

(1) This section applies on the Longford assets and Longford liabilities vesting in or becoming liabilities of the transferee under section 119.

(2) If, immediately before the relevant date, any Longford proceedings were pending or existing, then on and after the relevant date—

(a) the transferee is substituted for GASCOR as a party to the Longford proceedings; and

(b) the transferee has the same rights in the Longford proceedings as GASCOR had; and

(c) all things done in the course of the Longford proceedings before the relevant date shall have the same effect in relation to the transferee as they had in relation to GASCOR.

125 Taxes

No duty or other tax is chargeable under any Act in respect of anything effected by or done under this Part or in respect of any act or transaction connected with or necessary to be done by reason of this Part.

126 Evidence

(1) Documentary or other evidence that would have been admissible for or against the interests of GASCOR in relation to former GASCOR property if this Part had not been enacted, is admissible for or against the interests of the transferee.

(2) The Evidence Act 2008 applies with respect to the books of account of GASCOR and to entries made in those books of account before the relevant date, whether or not they relate to former GASCOR property, as if those books of account and entries were business records.



s. 124


S. 126(2) amended by No. 69/2009 s. 54(Sch. Pt 1 item 28.2).



83

* * * * *

127 Validity of things done under this Part

(1) Nothing effected by this Part or done or suffered under this Part—

(a) is to be regarded as placing any person in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or

(b) is to be regarded as placing any person in breach of or as constituting a default under any Act or other law or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or

(c) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or




S. 126(3) repealed by No. 69/2009 s. 54(Sch. Pt 1 item 28.3).New s. 127 inserted by No. 51/2002 s. 3.


Companies


84

(g) releases any surety or other obligor wholly or in part from any obligation.

(2) The validity of any act or transaction of GASCOR, the transferee or the chief executive officer of the transferee must not be called in question in any proceedings on the ground that any provision of this Part has not been complied with.

_______________

* * * * *

s. 127

Pt 15 (Heading and ss 150–173) inserted by No. 40/1998s. 34, amended by Nos 39/1999 s. 30(c), 58/1999 s. 4(b), repealed by No. 32/2001 s. 22.



85

SCHEDULES

* * * * *

* * * * *

* * * * *

* * * * *

Sch. 1

Sch. 1 amended by No. 46/1998 s. 7(Sch. 1), repealed by No. 2/2004 s. 14.

Sch. 1A inserted by No. 91/1997 s. 41, repealed by No. 32/2001 s. 23.

Sch. 2 amended by Nos 31/1995 s. 44(4)(5), 58/1999 s. 4(c), repealed by No. 40/1998 s. 6(1)(g).

Sch. 3 repealed by No. 73/2005 s. 4(Sch. 2 item 3.17).



86

SCHEDULE 4

CERTAIN PROPERTY, RIGHTS AND LIABILITIES TRANSFERRED TO GASCOR

Part A—Agreements, contracts and documents

The following agreements contracts or documents:

1. Agreement dated 15 March 1969 between Esso Exploration and Production Australia Inc. ("Esso"), Hematite Petroleum Proprietary Limited ("Hematite") and GFCV (known as "Main Agreement")

1A. Franchise Agreement dated 15 March 1969 between Esso, Hematite and GFCV

2. Franchise Agreement dated 15 March 1969 between Esso, Hematite and The Colonial Gas Association Limited

3. Agreement dated 15 March 1969 between Esso, Hematite and The Colonial Gas Association Limited

4. Agreement dated 15 March 1969 between Esso, Hematite and The Gas Supply Company Ltd

5. Agreement dated 15 March 1969 between Esso, Hematite and The Geelong Gas Company

6. Amalgamated Agreement dated 1 January 1974 between Esso, Hematite and GFCV

7. Contract dated 1 January 1975 between Esso, Hematite and GFCV (known as "Natural Gas Sales Agreement")

8. Supplemental Agreement dated 29 December 1981 between Esso, Hematite and GFCV concerning the supply of gas to the Albury Gas Company Limited

9. Deed of Settlement dated 13 May 1983 between Esso, Hematite and GFCV

10. Deed of Amendment dated 9 December 1983 between Esso, BHP Petroleum Pty Ltd ("BHPP") and GFCV

11. Deed dated 14 February 1986 between Esso, BHPP and GFCV

Sch. 4

Sch. 4 Pt A cl. 1Ainserted by No. 31/1995 s. 44(6).



87

12. Heads of Agreement set out in a letter dated 6 June 1991 from BHPP and Esso Australia Limited and accepted on behalf of GFCV

13. Letter dated 17 December 1991 from BHPP and Esso Australia Limited to GFCV and accepted on behalf of GFCV

14. Letter dated 29 June 1992 from BHPP and Esso Australia Limited to GFCV and accepted on behalf of GFCV

15. Any agreement whether written, oral or to be implied between Esso Australia Resources Ltd, BHP Petroleum (North West Shelf) Pty Ltd, GFCV and Southern Natural Gas Development Proprietary Limited relating to gas transportation between those parties and incorporating in whole or in part the terms of draft number 13 dated 28 October 1993

16. Letter dated 30 June 1992 from BHPP and Esso Australia Limited to GFCV and accepted on behalf of GFCV

each to the extent (if any) that it is in force on the date on which section 65 commences and to the extent it has been amended varied or replaced from time to time and to the extent any person has been substituted for a specified party.

Part B—Further agreements, contracts and documents

The following agreements contracts or documents:

1. Agreement for Sale of Business relating to Heatane Gas Division Sale dated 14 May 1993 between GFCV and Elgas Limited ("Elgas")

2. LPG Supply Agreement for Towns within Western Region, Natural Gas Division, Gas and Fuel Corporation of Victoria dated 14 May 1993 between GFCV and Elgas

each to the extent (if any) that it is in force on the date on which section 65 commences and to the extent it has been amended varied or replaced from time to time and to the extent any person has been substituted for a specified party.

Part C—Easements

All of the easements, rights or privileges of GFCV of the sort described in sub-section 30AB (1) of the Gas and Fuel Corporation Act 1958 (other than the easements, rights or privileges referred to in paragraph 3(c)(ii) of Schedule 2).

Sch. 4Part 13A—Transfer of Certain Property and Staff of Nominated Public Gas

Companies


88

All easements, rights and privileges transferred to GASCOR are appurtenant to the land vested in GASCOR from time to time and to every part of that land and are not required for the accommodation of any particular land or any part of any particular land.

__________________


Companies


89

SCHEDULE 5

SAVINGS AND TRANSITIONAL PROVISIONS

1 Definition

In this Schedule—

old Act means the Gas Industry Act 1994.

2 General transitional provisions

(1) This Schedule does not affect or take away from the Interpretation of Legislation Act 1984.

(2) Without limiting subclause (1), in declaring that certain provisions of the Gas Industry Act 2001 are to be treated as re-enacting with modifications certain provisions of the old Act, this Schedule must not be taken to—

(a) limit the operation of any provision of the Interpretation of Legislation Act 1984 relating to the re-enactment; or

(b) be an exhaustive list of the provisions of the old Act re-enacted by the Gas Industry Act 2001.

(3) This Schedule applies despite anything to the contrary in any other provision of this Act or the Gas Industry Act 2001.

3 Re-enacted provisions

A provision of the old Act specified in Column 1 of the Table is deemed to be re-enacted (with modifications) by the provision of the Gas Industry Act 2001 appearing opposite in Column 2 of the Table.

Sch. 5 repealed by No. 31/1995 s. 44(7), new Sch. 5 inserted by No. 32/2001 s. 24.


Companies


90

TABLE

Old Provision New Provision

section 5C section 15

section 5D section 16


section 8A section 17

section 8B section 18

section 16H section 186

section 16HA section 187

Part 2A Division 5 of Part 8

section 32 section 232


Part 3A Part 5

section 48AA section 21


section 48BA section 23

section 48C section 24


section 48E section 26

section 48F(1) (2) and (3) section 28

section 48F(4) section 29

section 48F(5) section 30

section 48F(6) and (7) section 31

section 48G section 34

section 48FA section 36

section 48GA section 33

section 48GC section 35

section 48H section 38


Companies


91

section 48I section 39

section 48J section 41

section 48K section 40

Old Provision New Provision

Division 2A of Part 4A Division 4 of Part 3

Division 2B of Part 4A Division 2 of Part 4

Division 3A of Part 4A Division 5 of Part 3

section 48TA section 200

section 48TB section 201




section 52(2) section 145






section 60A section 146


Part 6A Divisions 1 and 2 of Part 9

Part 6AA Division 3 of Part 9

section 62PA section 53



Part 15 Part 6

Schedule 1A Schedule

4 Superseded references to old Act

On the commencement of this clause, in any Act (other than this Act or the Gas Industry Act 2001), or in any instrument made under any Act


Companies


92

or in any other document of any kind a reference to the old Act—

(a) to the extent that the reference relates to a provision of the old Act re-enacted in the Gas Industry Act 2001, is deemed to be a reference to the Gas Industry Act 2001; and

(b) to the extent that the reference relates to any other provision of the old Act, is deemed to be a reference to the Gas Industry (Residual Provisions) Act 1994.

5 Pipeline under section 3

An Order made under section 3 of the old Act (definition of pipeline) as in effect immediately before the commencement of this clause continues in effect and is deemed to be an Order under section 9 of the Gas Industry Act 2001 for the purposes of that Act and may be amended, varied or revoked accordingly.

6 Gaseous fuel under section 4

An Order made under section 4 of the old Act as in effect immediately before the commencement of this clause continues in effect and is deemed to be an Order made under section 8 of the Gas Industry Act 2001 for the purposes of that Act and may be amended, varied or revoked accordingly.

7 Orders and agreements under section 5

(1) An Order made under section 5(1) of the old Act as in effect immediately before the commencement of this clause continues in effect and is deemed to be an Order made under section 10 of the Gas Industry Act 2001 for the purposes of that Act and may be amended, varied or revoked accordingly.


Companies


93

(2) An agreement existing under section 5(2) of the old Act as in effect immediately before the commencement of this clause is deemed to be an agreement under section 13(1) of the Gas Industry Act 2001 for the purposes of that Act.

(3) An agreement existing under section 5(2A) of the old Act as in effect immediately before the commencement of this clause is deemed to be an agreement under section 13(2) of the Gas Industry Act 2001 for the purposes of that Act.

(4) An agreement existing under section 5(3) of the old Act as in effect immediately before the commencement of this clause is deemed to be an agreement under section 14(1) of the Gas Industry Act 2001 for the purposes of that Act.

(5) An agreement existing under section 5(3A) of the old Act as in effect immediately before the commencement of this clause is deemed to be an agreement under section 14(2) of the Gas Industry Act 2001 for the purposes of that Act.

(6) An Order made under section 5(4)(a) of the old Act as in effect immediately before the commencement of this clause continues in effect and is deemed to be an Order made under section 11 of the Gas Industry Act 2001 for the purposes of that Act and may be amended, varied or revoked accordingly.

(7) An Order made under section 5(4)(b) of the old Act as in effect immediately before the commencement of this clause continues in effect and is deemed to be an Order made under section 12 of the Gas Industry Act 2001 for the purposes of that Act and may be amended, varied or revoked accordingly.


Companies


94

8 VENCorp

(1) The Victorian Energy Networks Corporation continued under the Gas Industry Act 2001 is deemed to be the same body as the Victorian Energy Networks Corporation established under the Gas Industry Act 1994.

(2) Subject to Part 8 of the Gas Industry Act 2001, a director of the board of VENCorp holding office immediately before the commencement of this clause continues to hold that office for the same term and on the same conditions as existed immediately before that commencement.

9 Authorisation under section 42

An authorisation under section 42 of the old Act as in effect immediately before the commencement of this clause is deemed to be an authorisation made under section 80 of the Gas Industry Act 2001.

10 Orders under section 45G and 45P

(1) An Order under section 45G of the old Act as in effect immediately before the commencement of this clause continues in effect and is deemed to be an Order made under section 90 of the Gas Industry Act 2001 and may be amended or revoked accordingly.

(2) An Order under section 45P of the old Act as in effect immediately before the commencement of this clause continues in effect and is deemed to be an Order made under section 103 of the Gas Industry Act 2001 and may be amended, varied or revoked accordingly.


Companies


95

11 Tariff Orders

* * * * *

(2) The Wimmera and Colac Gas Supply Tariff Order published in the Government Gazette on 17 December 1998, as in effect immediately before the commencement of this clause, continues in effect and may be amended or revoked in accordance with section 20 of the Gas Industry Act 2001.

(3) The Order made under section 48AA of the old Act as in effect immediately before the commencement of this clause continues in effect and may be amended or revoked in accordance with section 21 of the Gas Industry Act 2001.

12 Exemptions under section 48C

An Order under section 48C of the old Act as in effect immediately before the commencement of this clause continues in effect and is deemed to be an Order made under section 24 of the Gas Industry Act 2001.

13 Licences under section 48E

A licence issued under section 48E of the old Act as in effect immediately before the commencement of this clause is deemed to be a licence issued under section 26 of the Gas Industry Act 2001.

14 Orders under section 48GC

An Order under section 48GC of the old Act as in effect immediately before the commencement of this clause continues in effect and is deemed to be an Order under section 35 of the Gas Industry

Sch. 5 cl. 11(1) repealed by No. 25/2004 s. 24


Companies


96

Act 2001 and may be amended, varied or revoked accordingly.

15 Orders under sections 48MA and 48MB

(1) An Order under section 48MA of the old Act as in effect immediately before the commencement of this clause continues in effect and is deemed to be an Order under section 42 of the Gas Industry Act 2001 and may be amended, varied or revoked accordingly.

(2) An Order under section 48MB of the old Act as in effect immediately before the commencement of this clause continues in effect and is deemed to be an Order under section 43 of the Gas Industry Act 2001 and may be amended, varied or revoked accordingly.

16 Orders under retail gas market rules

(1) An Order under section 48MH of the old Act as in effect immediately before the commencement of this clause continues in effect and is deemed to be an Order under section 61 of the Gas Industry Act 2001 and may be amended, varied or revoked accordingly.

(2) Rules approved under section 48ML of the old Act as in effect immediately before the commencement of this clause continue in effect and are deemed to be rules approved under section 65 of the Gas Industry Act 2001 and may be amended or revoked accordingly.

(3) An Order under section 48MO of the old Act as in effect immediately before the commencement of this clause continues in effect and is deemed to be an Order under section 68 of the Gas Industry Act 2001 and may be amended, varied or revoked accordingly.


Companies


97

17 MSO Rules—Order under section 48N

The Order made under section 48N of the old Act on 2 February 1999 as in effect immediately before the commencement of this clause continues in effect and may be amended or revoked in accordance with section 52 of the Gas Industry Act 2001.

18 Order under section 48TA

An Order under section 48TA of the old Act as in effect immediately before the commencement of this clause continues in effect and is deemed to be an Order under section 200 of the Gas Industry Act 2001 and may be amended, varied or revoked accordingly.

19 Certificates under Part 15

(1) A certificate of the Treasurer under section 158 of the old Act as in effect immediately before the commencement of this clause continues in effect and is deemed to be a certificate of the Commission under section 123 of the Gas Industry Act 2001.

(2) A certificate of the Treasurer under section 159 of the old Act as in effect immediately before the commencement of this clause continues in effect and is deemed to be a certificate of the Commission under section 124 of the Gas Industry Act 2001.

20 Regulations

(1) The Gas Industry (Appeal Tribunal) Regulations 1999 as in effect immediately before the commencement of this clause continue in effect and are deemed to have been made under the Gas

Sch. 5

Sch. 5 cl. 19(1) amended by No. 62/2001 s. 81(c).

Sch. 5 cl. 19(2) amended by No. 62/2001 s. 81(c).



98

Industry Act 2001 and may be amended or revoked accordingly.

(2) The Gas Industry (Authorisation) Regulations 1999 as in effect immediately before the commencement of this clause continue in effect and are deemed to have been made under the Gas Industry Act 2001 and may be amended or revoked accordingly.

(3) The Gas Industry (MSO Rules) Regulations 1999 as in effect immediately before the commencement of this clause continue in effect and are deemed to have been made under the Gas Industry Act 2001 and may be amended or revoked accordingly.

═══════════════


Companies


99

ENDNOTES

1. General InformationMinister's second reading speech—

Legislative Assembly: 16 November 1994

Legislative Council: 2 December 1994

The long title for the Bill for this Act was "A Bill to restructure the gas industry, to amend the Gas and Fuel Corporation Act 1958 and certain other Acts and for other purposes.".

The Gas Industry Act 1994 was assented to on 20 December 1994 and came into operation as follows:

Part 1 (sections 1–8), section 111 on 20 December 1994: section 2(1); sections 9–32, 49–62, 88–109, 110(c)(e)(k), 112(f)(i)(k)(l), 113, 114, Schedule 1, Schedule 5 items 1.1, 1.3, 3–7, 9, 11 on 20 December 1994; sections 39(1)(3), 40, 41, 46, 47, 63–65, 71–83, Schedules 2–4, Schedule 5 item 2 on 21 December 1994; rest of Act (except sections 110(d)(h), 115) on 22 December 1994; section 110(d) on 31 December 1994; section 115 on 23 December 1994: Special Gazette (No. 100) 20 December 1994 page 1; section 110(h) on 20 December 1995: section 2(3).

The name of this Act was changed from the Gas Industry Act 1994 to the Gas Industry (Residual Provisions) Act 1994 by Act No. 32/2001 section 5.

EndnotesPart 13A—Transfer of Certain Property and Staff of Nominated Public Gas

Companies


100

2. Table of AmendmentsThis Version incorporates amendments made to the Gas Industry (Residual Provisions) Act 1994 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Gas and Fuel Corporation (Repeal) Act 1995, No. 31/1995 (as amended by No. 74/2000)

Assent Date: 6.6.95Commencement Date: Ss 34, 35(1), 44(4)–(6) on 20.12.94: s. 2(2); ss 32, 33,

35(2), 36–44(1)(3)(7) on 21.6.95: Special Gazette (No. 49) 14.6.95 p. 1

Current State: This information relates only to the provision/s amending the Gas Industry (Residual Provisions) Act 1994

Gas Industry (Extension of Supply) Act 1995, No. 80/1995Assent Date: 28.11.95Commencement Date: 28.11.95Current State: All of Act in operation

Superannuation Acts (Amendment) Act 1996, No. 4/1996Assent Date: 18.6.96Commencement Date: S. 134(4) on 30.6.96: s. 2(12)Current State: This information relates only to the provision/s

amending the Gas Industry (Residual Provisions) Act 1994

Gas Industry (Amendment) Act 1997, No. 36/1997Assent Date: 3.6.97Commencement Date: Pt 1 (ss 1, 2) on 3.6.97: s. 2(1); ss 3–13, 18, 21 on

3.6.97; rest of Act on 1.7.97: Special Gazette (No. 58) 3.6.97 p. 2

Current State: All of Act in operation

Gas Industry (Further Amendment) Act 1997, No. 91/1997Assent Date: 9.12.97Commencement Date: S. 30 on 1.7.97: s. 2(2); ss 3, 4, 28, 31 on 9.12.97;

ss 5–11, 13–27, 29, 32–36, 37(2)–41 on 11.12.97: Special Gazette (No. 155) 9.12.97 p. 1; s. 37(1) on 1.1.99: s. 2(6)


Gas Safety Act 1997, No. 99/1997Assent Date: 16.12.97Commencement Date: S. 119 on 1.2.99: Government Gazette 21.1.99 p. 80Current State: This information relates only to the provision/s



Companies


101

Gas Pipelines Access (Victoria) Act 1998, No. 31/1998Assent Date: 19.5.98Commencement Date: S. 25 on 1.7.99: Government Gazette 1.7.99 p. 1521Current State: This information relates only to the provision/s


Gas Industry (Amendment) Act 1998, No. 40/1998Assent Date: 26.5.98Commencement Date: S. 29 on 11.12.97: s. 2(3); ss 4, 5, 8, 10–12, 14–22,

24–28, 30–34 on 8.6.98: s. 2(2); ss 6, 23 on 1.1.2000: s. 2(5)


Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998Assent Date: 26.5.98Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2)Current State: This information relates only to the provision/s


Transfer of Land (Single Register) Act 1998, No. 85/1998Assent Date: 17.11.98Commencement Date: S. 24(Sch. item 29) on 1.1.99: s. 2(3)Current State: This information relates only to the provision/s


Gas Industry Acts (Amendment) Act 1998, No. 91/1998Assent Date: 24.11.98Commencement Date: Ss 9, 10, 17(3) on 10.6.98: s. 2(2); ss 22, 23 on

25.9.98: s. 2(3); s. 21 on 22.10.98: s. 2(4); ss 8, 17(1)(2)(4) on 24.11.98: s. 2(1): ss 3–7, 11, 12, 13(1), 14–16, 18–20 on 1.12.98: s. 2(6); s. 13(2) on 3.6.99: Government Gazette 3.6.99 p. 1256


Petroleum Act 1998, No. 96/1998Assent Date: 24.11.98Commencement Date: S. 257(3) on 1.12.99: s. 2(3)Current State: This information relates only to the provision/s



Companies


102

Office of the Regulator-General (Amendment) Act 1999, No. 11/1999Assent Date: 11.5.99Commencement Date: S. 10(1) on 11.5.99: s. 2(1)Current State: This information relates only to the provision/s


Electricity Industry Acts (Further Amendment) Act 1999, No. 36/1999Assent Date: 8.6.99Commencement Date: S. 24 on 8.6.99: s. 2(1)Current State: This information relates only to the provision/s


Gas Industry Acts (Further Amendment) Act 1999, No. 39/1999Assent Date: 8.6.99Commencement Date: S. 14 on 11.12.97: s. 2(2); s. 21 on 2.2.99: s. 2(3);

ss 3–8, 10–13, 15–20, 22–30 on 8.6.99: s. 2(1); s. 9 on 1.7.00: s. 2(5)


Gas Industry (Amendment) Act 1999, No. 58/1999Assent Date: 21.12.99Commencement Date: 22.12.99: s. 2Current State: All of Act in operation

Essential Services Legislation (Dispute Resolution) Act 2000, No. 59/2000Assent Date: 8.11.00Commencement Date: S. 4 on 13.4.01: Government Gazette 29.3.01 p. 523Current State: This information relates only to the provision/s


Electricity Industry Legislation (Miscellaneous Amendments) Act 2000, No. 69/2000

Assent Date: 21.11.00Commencement Date: Ss 32, 33 on 1.1.01: s. 2(4)Current State: This information relates only to the provision/s


Gas Industry Acts (Amendment) Act 2000, No. 91/2000Assent Date: 5.12.00Commencement Date: S. 4 on 1.9.00: s. 2(2); s. 5 on 20.12.00: Special

Gazette (No. 198) 20.12.00 p. 1; ss 3, 6–10, 12, 13 on 12.4.01: Government Gazette 12.4.01 p. 643; s. 15 on 31.12.01: s. 2(4)



Companies


103

Gas Industry Legislation (Miscellaneous Amendments) Act 2001, No. 32/2001Assent Date: 19.6.01Commencement Date: Pt 2 Div. 1 (ss 3, 4) on 20.6.01: s. 2(1); ss 5–24 on

1.9.01: s. 2(2)Current State: This information relates only to the provision/s


Corporations (Consequential Amendments) Act 2001, No. 44/2001Assent Date: 27.6.01Commencement Date: S. 3(Sch. item 56) on 15.7.01: s. 2Current State: This information relates only to the provision/s


Essential Services Commission Act 2001, No. 62/2001Assent Date: 23.10.01Commencement Date: S. 81 on 1.1.02: s. 2Current State: This information relates only to the provision/s


Statute Law (Further Revision) Act 2002, No. 11/2002Assent Date: 23.4.02Commencement Date: S. 3(Sch. 1 item 29) on 24.4.02: s. 2(1)Current State: This information relates only to the provision/s


Gas Industry (Residual Provisions) (Amendment) Act 2002, No. 51/2002Assent Date: 4.11.02Commencement Date: S. 3 on 5.11.02: s. 2Current State: This information relates only to the provision/s


Gas Industry (Residual Provisions) (Amendment) Act 2004, No. 2/2004Assent Date: 27.4.04Commencement Date: 28.4.04: s. 2Current State: All of Act in operation

Energy Legislation (Regulatory Reform) Act 2004, No. 25/2004Assent Date: 25.5.04Commencement Date: S. 24 on 30.6.05: s. 2(3)Current State: This information relates only to the provision/s



Companies


104

Legal Profession (Consequential Amendments) Act 2005, No. 18/2005Assent Date: 24.5.05Commencement Date: S. 18(Sch. 1 item 47) on 12.12.05: Government

Gazette 1.12.05 p. 2781Current State: This information relates only to the provision/s


Energy Safe Victoria Act 2005, No. 39/2005Assent Date: 27.7.05Commencement Date: S. 57 on 10.8.05: Special Gazette (No. 147) 9.8.05

p. 1Current State: This information relates only to the provision/s


Treasury Legislation (Repeal) Act 2005, No. 73/2005Assent Date: 25.10.05Commencement Date: S. 4(Sch. 2 item 3) on 26.10.05: s. 2Current State: This information relates only to the provision/s


Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009

Assent Date: 24.11.09Commencement Date: S. 54(Sch. Pt 1 item 28) on 1.1.10: s. 2(2)Current State: This information relates only to the provision/s


–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––


Companies


105

3. Explanatory DetailsNo entries at date of publication.


Companies


106

Date post:	19-Aug-2019
Category:	Documents
Upload:	lythuy
View:	220 times
Download:	0 times

FILE/94-112a070.docx · Web vie

Documents