South Australian Consolidated Acts

GAS ACT 1997 - SECT 39

39—Power to take over operations

        (1)         If—

            (a)         a gas entity contravenes this Act, or a gas entity's licence ceases, or is to cease, to be in force; and

            (b)         it is necessary, in the Commission's opinion, to take over the entity's operations (or some of them) to ensure an adequate supply of gas to customers,

the Governor may make a proclamation under this section.

        (2)         Before a proclamation is made under this section, the Commission must give the gas entity a reasonable opportunity to make written representations giving reasons why the proclamation should not be made.

        (3)         A proclamation under this section—

            (a)         authorises the Commission to take over the gas entity's operations or a specified part of the gas entity's operations; and

            (b)         may contain ancillary directions (and may, in particular, contain directions about how the costs of carrying on the operations, and revenue generated from the operations, are to be dealt with).

        (4)         A direction under subsection (3)(b) operates to the exclusion of rights that are inconsistent with it.