South Australian Consolidated Regulations

GAS REGULATIONS 1997 - REG 22

22—Sale of gas where supply affected by gas rationing direction under section 37 of Act

        (1)         Subject to this regulation, if—

            (a)         a retailer to which a rationing direction applies on a gas day (an "affected retailer") has a quantity of gas available for supply to an affected customer on that day that exceeds the allocated quantity for the customer for that day; and

            (b)         the affected retailer has made an offer to supply an additional quantity of gas to the affected customer on that day in accordance with approved terms that has been accepted by the customer,

then—

            (c)         the affected retailer must, on that day—

                  (i)         supply the affected customer with the allocated quantity for that day in accordance with the pre-existing terms; and

                  (ii)         supply the affected customer with the additional quantity of gas in accordance with the approved terms; and

            (d)         the affected retailer will be taken to incur no contractual liability by reason of the fact that the retailer has supplied only the allocated quantity for that day to the affected customer under the pre-existing terms.

        (2)         The Minister may, by written notice to a retailer, exclude the retailer from the application of this regulation from a day specified in the notice.

        (3)         The Minister may, by written notice to a retailer, vary or revoke a previous notice to the retailer under this regulation.

        (3a)         If an affected retailer has received payment from an affected customer for gas that included an additional quantity of gas and the payment was in excess of the amount payable by the customer in accordance with the terms referred to in subregulation (1)(c), the retailer must repay to the customer, or, with the consent of the customer, credit to the customer's account, the amount of the overpayment as soon as practicable after the commencement of this subregulation or after becoming aware of the overpayment, whichever later occurs.

Maximum penalty: $10 000.

Expiation fee: $315.

        (4)         In this regulation—

"additional quantity" of gas, in relation to an affected customer and a gas day, means a quantity of gas in addition to the allocated quantity for the customer for that day;

"affected customer" means a customer whose entitlement to the supply of gas is affected by a rationing direction;

"allocated quantity" for an affected customer for a gas day, means the quantity of gas to which the customer is entitled for that day under the rationing direction;

"approved terms", in relation to the supply by an affected retailer of an additional quantity of gas to an affected customer on a gas day, means contractual terms governing that supply that—

            (a)         fix as the unit price (exclusive of GST) for the additional quantity on that day—

                  (i)         if the Minister has, by written notice to the retailer, approved a unit price for that quantity on that day—a price not more than the price approved by the Minister; or

                  (ii)         in any other case—a price not more than the unit price for the supply of gas on that day under the pre-existing terms increased by the amount (if any) by which the average unit price for the purchase by the retailer of all additional gas for supply to affected customers on that day exceeds the average unit price for the purchase by the retailer of all gas for supply to affected customers on that day under pre-existing terms; and

            (b)         require the retailer to use its best endeavours to supply additional quantities of gas to the customer but allow the retailer to interrupt or withhold supply of an additional quantity as necessary in circumstances where the retailer experiences a shortfall in the additional quantities of gas available to the retailer for its affected customers and apportions the shortfall amongst those customers in a manner approved by the Minister by written notice to the retailer; and

            (c)         are in other respects no more favourable to the retailer than the pre-existing terms;

"gas day" means a period of 24 hours commencing at 6.00 a.m.;

"pre-existing terms", in relation to the supply of gas by a retailer to an affected customer on a gas day, means the contractual terms that would have applied to that supply of gas if the rationing direction had not been given and this regulation had not been made;

"rationing direction" means a direction given by the Minister to a retailer under section 37 of the Act governing the supply of gas by the retailer to customers of the retailer.