Australian Capital Territory Numbered Acts

GAS ACT 1992 (NO 41 OF 1992)

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY SHORT TITLE

   1.      This Act may be cited as the Gas Act 1992.  
   4.      (1) For the purposes of this Act, a person reticulates gas if the person—  
   5.      This Act binds the Crown.  

   PART II--GAS AUTHORITY

   7.      A Gas Authority is established.  
   8.      The Authority has the following functions:  
   9.      (1) The Minister may, in writing, direct the Authority to investigate any matter relevant to the functions of the Authority and report its findings to the Minister.  
   11.     The Authority has power to do all things necessary or convenient to be done in connection with the performance of its functions.  
   12.     The Authority shall furnish to the Minister for presentation to the Legislative Assembly a report relating to the activities of the Authority during each financial year.  
   16.     The Minister may grant a member leave of absence on such terms and conditions as to remuneration and otherwise as the Minister determines.  
   23.     For the purposes of section 21 and 22, a member is not to be taken to have a pecuniary interest in a matter because the member is a consumer.  

   PART III--REVIEW PANELS INTERPRETATION

   24.     In this Part, unless the contrary intention appears—“Chairperson” means a member appointed under paragraph 27 (1) (a); “member” means a member of a Review Panel and includes the Chairperson.  
   25.     The Minister may, by instrument, establish a Review Panel to conduct an investigation and make recommendations for the purposes of section 39.  
   26.     A Review Panel has power to do all things necessary and convenient to be done in connection with the conduct of its investigation.  
   27.     (1) A Review Panel shall consist of—  
   33.     The amounts referred to in subsection 30 (1) and any other reasonable costs of and incidental to a Review Panel's investigation incurred by the Territory (other than the costs of the representation of the Territory) are recoverable as debts due to the Territory by the authorised distributor whose authorisation is the subject of the investigation.  

   PART IV--AUTHORISATION TO RETICULATE GAS

   34.     A person shall not reticulate gas except under an authorisation granted to the person.  
   37.     (1) An authorisation to reticulate gas to tariff customers shall be subject to a condition relating to the price that may be charged for gas supplied to those customers.  

   PART V--ENERGY RESEARCH AND DEVELOPMENT LEVY

   43.     An authorised distributor is liable to pay to the Territory levy in accordance with this Part.  
   44.     (1) The levy payable by an authorised distributor is an amount equal to the determined percentage of the gross revenue derived by the authorised distributor from the sale of gas, disregarding revenue from—  
   45.     An authorised distributor shall—  
   46.     (1) Within 1 month after ceasing to be an authorised distributor, a person shall—  
   47.     A return shall—  
   48.     Levy due and payable under this Part is a debt due to the Territory from the person liable to pay the levy.  
   49.     The following amounts shall be paid into the Energy Research and Development Trust Account established under subsection 85 (2) of the Audit Act 1989:  
   50.     Moneys standing to the credit of the Energy Research and Development Trust Account may not be expended under subsection 85 (10) of the Audit Act 1989 unless all authorised distributors have been consulted about the expenditure.  

   PART VI--GAS TECHNICAL CONTROLLER AND INSPECTORS

   52.     The Controller has the following functions:  
   54.     The Controller has power to do all things necessary or convenient to be done in connection with the performance of his or her functions.  
   55.     The Controller may, by instrument, delegate the performance or exercise of any of his or her functions or powers under this Act to an inspector.  
   56.     The Controller may, by instrument, appoint persons to be inspectors for the purposes of this Act.  
   58.     A person shall not, without reasonable excuse, obstruct or hinder the Controller or an inspector in the performance or exercise of a function or power under this Act.  
   64.     An authorised distributor shall—  

   PART VII--GAS MANUAL PREPARATION AND AMENDMENT

   71.     The Minister shall publish in the Gazette and in a daily newspaper circulating in the Territory notice of the preparation of the Manual and each amendment.  
   72.     The Manual and each amendment of the Manual is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989.  
   75.     In any proceedings before a court, evidence of the Manual as in force on a specified day or during a specified period may be given by the production of a book purporting to be a copy of the Manual and purporting to bear a certificate signed by the Controller stating that the book is a true copy of the Manual as in force on that day or during that period.  

   PART VIII--CONSTRUCTION AND MAINTENANCE OF WORKS

   81.     (1) An authorised distributor shall not excavate ground in an area where any underground part of a water, sewerage, stormwater, electricity or telecommunications system is situated unless the authorised distributor has—  
   83.     An authorised distributor shall keep a gas reticulation system in good condition and repair.  

   PART IX--SUPPLY AND CONSUMPTION OF GAS REQUESTS TO CONNECT LAND TO GAS RETICULATION SYSTEMS

   88.     An authorised distributor shall not, without reasonable excuse, supply or install a meter for measuring the quantity of gas supplied to a consumer unless the meter complies with the Manual.  
   89.     A person who installs, repairs, maintains or replaces a pipe, fitting or apparatus that is, or is to be, connected to a gas reticulation system shall, when performing that work, comply with—  

   PART X--GASFITTING INTERPRETATION

   93.     In this Part—“advanced gasfitter's licence” means an advanced gasfitter's licence issued under section 25 of the Plumbers, Drainers and Gasfitters Board Act 1982; “advanced gasfitting work” means—  
   94.     A person shall not carry out gasfitting work unless the person holds—  
   95.     A person shall not carry out advanced gasfitting work unless the person holds—  

   PART XI--INTERFERENCE WITH GAS RETICULATION SYSTEMS

   96.     A person shall not connect a pipe, fitting or apparatus to a gas reticulation system without the consent of the authorised distributor.  
   98.     A person shall not knowingly or recklessly excavate ground in an area where any underground part of a gas reticulation system is situated unless the person has—  
   100.    A person shall not, without reasonable excuse—  

   PART XII--MISCELLANEOUS INVESTIGATION OF LEAKAGES

   102.    An authorised distributor shall, on or before 31 March in each year, give the Controller a report, in the form prescribed by the Manual, in respect of leakages of gas from any gas reticulation system that occurred in the previous calendar year.  
   109.    (1) The Minister may, on receipt of an application in writing by an authorised distributor, approve an activity as a secondary gas activity.  
   111.    (1) The Minister may, by notice in the Gazette, determine—  
   112.    The Executive may make regulations, not inconsistent with this Act, prescribing matters—