Gas Industry Act 1994 No. 112 of 1994
TABLE OF PROVISIONS Section PART 1—PRELIMINARY 1. Purpose 2. Commencement 3. Definitions 4. Declaration of gaseous fuel 5. Declaration of pipeline to be, or not to be, a transmission pipeline 6. Subsidiary 7. Crown to be bound 8. Extra-territorial operation PART 2—GAS COMPANIES Division 1—Gas Transmission Corporation 9. Establishment 10. GTC not to represent the Crown 11. Functions and powers 12. GTC not authorised to trade in gas Division 2—GASCOR 13. Establishment of GASCOR 14. GASCOR not to represent the Crown 15. Functions and powers 16. GASCOR may trade as Gas and Fuel Division 3—Provisions applying to gas companies 17. Schedule 1 '^ 18. Borrowing and investment by gas companies 19. Payments in respect of financial obligations 20. As to other government authorities
Division 4—General 21. Duties of directors 22. Gas company or Minister may bring proceedings 23. Directions 24. Gas company not to make loans to directors 25. Indemnity 26. Corporate plan 27. Statement of corporate intent: contents 28. Non-commercial functions 29. Dividends 30. Reports to Treasurer 31. Annual report
2721 PART 3—TRANSMISSION AND DISTRIBUTION OF GAS 32. Tariffs and conditions 33. Billing of customers 34. Notice by customer before quitting premises 35. Restrictions on disconnection for debt 36. Customer billed at incorrect tariffs 37. Appeals by domestic customers 38. GASCOR to supply gas on demand 39. Gas companies to transmit or distribute gas 40. Approval of other suppliers 41. Gas conveyance through transmission pipelines 42. Testing of meters 43. Notice of defective meter 44. Overcharging as a result of a defective meter 45. Undercharging as a result of a defective meter PART 4—TECHNICAL REGULATION 46. Gas quality 47. Installation of meters 48. Retention of meters after initial life of meter family PART 5—PROPERTY AND WORKS 49. Certain pipelines are not part of land 50. Agreement for operation of pipelines 51. Power of gas company to acquire land 52. Rateability of property of gas companies 53. Powers as to works etc. 54. Power to open and break up roads etc. 55. Obstructing construction or operation of pipelines 56. Tampering with pipelines 57. Obstruction of gas company or officers etc. 58. Offences relating to transmission pipelines 59. Offences relating to gas supply 60. Offence to retain or use GASCOR's property without permission PART 6—STATUTORY EASEMENTS 61. Certain rights deemed to be easements 62. Easements over lands held by Crown licensees or lessees PART 7—TRANSFER OF PROPERTY Division 1—Preliminary 63. Definitions Division 2—Transfer by operation of Act 64. Transfer of property of GFCV in GFE Resources Ltd 65. Transfer of certain GFCV property to GTC 66. Transfer of GFCV property to GASCOR 67. GASCOR to be successor in law of GFCV
2722 Division 3—Direction to allocate property 68. Minister may direct transfer of property
Division 4—Transfer by allocation 69. Property transferred in accordance with direction 70. Allocation of property etc. subject to encumbrances
Division 5—General 71. Certificate of chief executive officer 72. Pipelines 73. Value of former gas corporation property 74. Substitution of party to agreement 75. Former gas corporation instruments 76. Schedule 4 documents 77. Proceedings 78. Interests in land 79. Amendment of Register 80. Taxes 81. Evidence
Division 6—Rights as between transferees 82. Interim arrangements 83. Easements
PART 8—STAFF 84. Definitions 85. Transfer of GFCV staff to GASCOR 86. Future terms and conditions of transferred employees 87. Superannuation
PART 9—GENERAL 88. Delegation by Minister and Treasurer 89. Validity of things done under this Act 90. GTC may act under certain agreements and instruments 91. Identification cards 92. Power of entry 93. Emergency powers 94. Offences by bodies corporate 95. Service of documents on gas company 96. Evidence of documents 97. Evidence of ownership 98. Evidence of testing and sealing 99. Services of notices on customers 100. Treasurer may give guarantee 101. Trade Practices Act 1974 of the Commonwealth 102. Regulations
2723 PART 10—TRANSITIONAL 103. Annual reports of,gas companies for 1994-1995 ., 104. Annual report of GFCV for 1994-1995 105. Regulations •,, '
PART 11—AMENDMENT OF GAS AND FUEL CORPORATION ACT 1958 106. Principal Act 107. Amendment of Principal Act 108. New sections 14A and 14B inserted 14A. Dividends 14B. Guarantee 109. New sections 19, 19A and 19B inserted 19. Guarantees etc. 19A. Gas companies liable to reimburse the State 19B. Reimbursement of funds allocated to Corporation 110. Repeal of certain provisions 111. New section 30AB inserted 30AB. Certain rights deemed to be easements 112. Further amendment of Principal Act
PART 12—CONSEQUENTIAL AMENDMENT OF OTHER ACTS 113. Borrowing and Investment Powers Act 1987 114. Consequential amendments
PART 13—TREASURY CORPORATION OF VICTORIA 115. Certain liabilities under financial obligations of GFCV
SCHEDULES
SCHEDULE 1 Provisions applying to gas companies
SCHEDULE 2 Property, rights and liabilities of GFCV transferred to GTC
SCHEDULE 3 Retained property, rights and liabilities of GFCV
2724 SCHEDULE 4 Certain property, rights and liabilities transferred to GASCOR
SCHEDULE 5 Consequential amendments
2725 Victoria
No. 112 of 1994
Gas Industry Act 1994
[Assented to 20 December 1994]
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.
2727 Gas Industry Act 1994 s.2 Act No. 112/1994
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 sub-section (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 sub-section (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. (4) Part 13 comes into operation on a day to be proclaimed.
3. Definitions In this Act— "apparatus and works" means, in relation to being associated with a pipeline— (a) apparatus for inducing or facilitating the flow or movement of anything through the pipeline; (b) apparatus or structure for giving protection or support to the pipeline; (c) apparatus for transmitting information or instruction with regard to the operation of the pipeline; (d) valves, valve chambers, manholes, inspection pits and other similar works annexed to or incorporated in the course of the pipeline; (e) storage, loading and all ancillary facilities and installations required for the pipeline or used in connection with, or incidental to, the pipeline; (/) prime movers for the operation of any apparatus or works mentioned in paragraph (a), (d) or (e);
2728 Gas Industry Act 1994 Act No. 112/1994 s. 3
"board", in relation to a gas company, means the board of directors of the gas company; "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; "director", in relation to a gas company, means director of the gas company; "distribute", in relation to gas, means convey gas through distribution pipelines; "distribution pipeline" means a pipeline for the conveyance of gas but does not include— (a) a transmission pipeline; (b) a gathering line within the meaning of section 30 (10) of the Petroleum Act 1958; "domestic customer" means a person to whom GASCOR supplies gas at a domestic tariff; "domestic tariff" means a tariff of which GASCOR gives notice under section 32; "gas" means any gaseous fuel but does not include any gaseous fuel mat is declared under section 4 not to be gas for the purposes of this Act; "gaseous fuel" includes petrochemical feed stock; "GASCOR" means the body established by Division 2 of Part 2; "gas company" means GTC or GASCOR; "gas corporation" means a gas company or GFCV; "gas fitting" includes meter, pipeline, burner, fitting, appliance and apparatus used in connection witb the consumption of gas; "GFCV" has the same meaning as Corporation has in the Gas and Fuel Corporation Act 1958;
950250—11 2729 Gas Industry Act 1994 Act No. 112/1994
"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— (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; "meter" means an instrument that measures the quantity of gas passing through it; "operation", in relation to a pipeline, includes the maintenance, removal and alteration of the pipeline; "pipeline" means a pipe or system of pipes for or incidental to the conveyance of gas and includes all apparatus and works associated with the pipe or pipes, and includes a part of such a pipe or system but does not include a pipeline or a pipeline of a class of pipelines excluded from the meaning of pipeline in this Act by Order of the Governor in Council published in the Government Gazette;
2730 Gas Industry Act 1994 Act No. 112/1994 s.4
"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; "rights" means all rights, powers, privileges and immunities, whether actual, contingent or prospective; "transmission pipeline" means— (a) a pipeline for the conveyance of gas— (i) in respect of which a person is, or is deemed to be, the licensee under the Pipelines Act 1967; and (ii) that has a maximum design pressure exceeding 515kPa— other than a gathering line within the meaning of section 30 (10) of the Petroleum Act 1958; (b) a pipeline that is declared under section 5 to be a transmission pipeline; "transmit" means convey gas through a transmission pipeline.
4. Declaration of gaseous fuel The Governor in Council, by Order published in the Government Gazette, may declare any gaseous fuel not to be gas for the purposes of this Act.
5. Declaration of pipeline to be, or not to be, a transmission pipeline The Governor in Council, by Order published in the Government Gazette— (a) may declare a pipeline or class of pipeline to be a transmission pipeline; (b) may declare a pipeline or class of pipeline not to be a transmission pipeline. 2731 Gas Industry Act 1994 s. 6 Act No. 112/1994
6. Subsidiary
For the purposes of this Act, the question whether a body corporate is a subsidiary of GTC or GASCOR shall be determined in the same manner as the question would be determined under the Corporations Law of Victoria if GTC or GASCOR and the body corporate were corporations within the meaning of that Law.
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 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.
2732 Gas Industry Act 1994 Act No. 112/1994 s.9
PART 2—GAS COMPANIES
Division 1—Gas Transmission Corporation
9. Establishment (1) There is established a body by the name "Gas Transmission Corporation". (2) GTC— (a) is a body corporate with perpetual succession; (b) has an official seal; (c) may sue and be sued; (d) may acquire, hold and dispose of real and personal property; (e) may do and suffer all acts and things mat a body corporate may by law do and suffer. (3) All courts must take judicial notice of the seal of GTC affixed to a document and, until the contrary is proved, must presume that it was duly affixed. (4) The official seal of GTC must be kept in such custody as GTC directs and must not be used except as authorised by GTC.
10. GTC not to represent the Crown GTC is a public authority but does not represent the Crown.
11. Functions and powers (1) The functions of GTC are— (a) to operate pipelines (whether or not owned by GTC) for the conveyance of gas through transmission pipelines; (b) to undertake, or provide for the undertaking of— (i) the conveyance of gas through transmission pipelines;
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(ii) the storage of gas; (iii) the planning and execution of projects for constructing or operating pipelines for the conveyance of gas through transmission pipelines or for the storage of gas. (2) GTC— (a) may undertake, or provide for the undertaking of, the construction, operation, maintenance, inspection or repair of transmission pipelines or gas storage facilities; (b) may carry out research and development relating to the performance of its functions; (c) may provide consulting services, management services or other services to the gas industry; (d) may undertake, or provide services for the undertaking of, the construction, maintenance, inspection or repair of pipelines, whether for the conveyance of gas or any other substance; (e) may acquire and dispose of pipelines; (/) may do all things necessary or convenient to be done for, or in connection with, carrying out its functions. (3) Without limiting the generality of the powers conferred on it, GTC— (a) may form, or participate in the formation of, or be a member of, companies; (b) may form, or participate in the formation of, and may participate in partnerships, trusts, unincorporated joint ventures and other arrangements for the sharing of profits; (c) may act as trustee; (d) may engage in any business, undertaking or activity incidental to the performance of its functions. (4) GTC may carry out its functions and exercise its powers within or outside Victoria and outside Australia.
2734 Gas Industry Act 1994 Act No. 112/1994 s. 12
12. GTC not authorised to trade in gas (1) Nothing in this Act authorises GTC to trade in gas otherwise than for the purpose of— (a) the storage of gas; or (b) the effective operation of transmission pipelines. (2) Sub-section (1) does not prohibit an agreement or arrangement under which GTC acquires a volume of gas from a person at a place and delivers an equivalent volume of gas to that person at another place at a price that exceeds the acquisition price by an amount attributable to the charge which would otherwise be made for the conveyance of the gas between the two places.
Division 2—GASCOR
13. Establishment of GASCOR (1) There is established a body by the name of "GASCOR". (2) GASCOR— (a) is a body corporate with perpetual succession; (b) has an official seal; (c) may sue and be sued; (d) may acquire, hold and dispose of real and personal property; (e) may do and suffer all acts and things that a body corporate may by law do and suffer. (3) All courts must take judicial notice of the seal of GASCOR affixed to a document and, until the contrary is proved, must presume that it was duly affixed. (4) The official seal of GASCOR must be kept in such custody as GASCOR directs and must not be used except as authorised by GASCOR.
2735 Gas Industry Act 1994 Act No. 112/1994
14. GASCOR not to represent the Crown GASCOR is a public authority but does not represent the Crown.
15. Functions and powers (1) The functions of GASCOR are— (a) to operate pipelines (whether or not owned by GASCOR) for the distribution of gas through distribution pipelines; (b) to undertake, or provide for the undertaking of— (i) the distribution of gas through distribution pipelines; (ii) the storage of gas; (iii) the planning and execution of projects for constructing or operating distribution pipelines or for the storage of gas; (c) with the approval in writing of the Minister to undertake, or provide for the undertaking of— (i) the conveyance of gas through transmission pipelines; (ii) the planning and execution of projects for constructing or operating transmission pipelines; (d) to explore for gas and other petroleum products; (e) to develop and produce gas and other petroleum products; (/) to supply and market gas and incidental goods and services; (g) to trade in gas. (2) GASCOR— (a) with the approval in writing of the Minister, may undertake, or provide for the undertaking of, the construction, operation, maintenance, inspection or repair of transmission pipelines; 2736 Gas Industry Act 1994 Act No. 112/1994 s. 16
(b) may carry out research and development relating to the performance of its functions; (c) may provide consulting services, management services or other services to the gas industry; (d) may undertake, or provide services for the undertaking of, the construction, maintenance, inspection or repair of— (i) pipelines for the conveyance of gas, other than transmission pipelines; or (ii) pipelines for the conveyance of any other substance; (e) may do all things necessary or convenient to be done for, or in connection with, carrying out its functions. (3) Without limiting the generality of the powers conferred on it, GASCOR— (a) may form, or participate in the formation of, or be a member of, companies; (b) may form, or participate in the formation of, and may participate in partnerships, trusts, unincorporated joint ventures and other arrangements for the sharing of profits; (c) may act as trustee; (d) may engage in any business, undertaking or activity incidental to the performance of its functions. (4) GASCOR may carry out its functions and exercise its powers within or outside Victoria and outside Australia.
16. GASCOR may trade as Gas and Fuel Despite anything to the contrary in the Business Names Act 1962 or any other Act or law, GASCOR may carry on business under the name "Gas and Fuel".
2737 Gas Industry Act 1994 s. 17 Act No. 112/1994
Division 3—Provisions applying to gas companies
17. Schedule 1 Schedule 1 applies to each gas company.
18. Borrowing and investment by gas companies A gas company has the powers conferred on it by the Borrowing and Investment Powers Act 1987.
19. Payments in respect of financial obligations (1) If— (a) an Order has been made under section 36D (1) or 36E (1) of the Treasury Corporation of Victoria Act 1992 relating to financial obligations of GFCV; and (b) responsibility for those financial obligations has become the responsibility of a gas company under Part 7— then— (c) the gas company must pay to the Treasury Corporation of Victoria such amounts, and at such times, as GFCV would have been liable to pay in respect of those financial obligations if the Order had not been made, except in so far as the Corporation and the gas company otherwise agree; and (d) the Corporation must pay to the gas company such amounts, and at such times, as GFCV would have been entitled to receive in respect of those financial obligations if the Order had not been made, except in so far as the Corporation and the gas company otherwise agree. (2) An amount payable under sub-section (1) may be recovered in a court of competent jurisdiction as a debt due to the Treasury Corporation of Victoria or the gas company, as the case requires.
2738 Gas Industry Act 1994 Act No. 112/1994 s.20
20. As to other government authorities (1) Save as otherwise expressly provided nothing in this Act affects any rights, powers, authorities or duties of any Government department or local authority other than a gas company. (2) If the exercise of any rights, powers or authorities or the discharge of any duties by a gas company may affect the exercise of any rights, powers or authorities or the discharge of any duties by any Government department or local authority, the gas company shall so far as practicable confer and co-operate with the department or local authority. (3) Any question, difference or dispute arising or about to arise between a gas company and any Government department or local authority with respect to the exercise of any rights, powers or authorities or the discharge of any duties by either or both of them may be finally and conclusively determined by the Governor in Council.
Division 4—General
21. Duties of directors (1) A director of a gas company must at all times act honestly in the performance of the functions of his or her office. (2) A director of a gas company must at all times exercise a reasonable degree of care and diligence in the performance of his or her functions. (3) A director, or former director, of a gas company must not make improper use of information acquired by virtue of his or her position as a director to gain, directly or indirectly, an advantage for himself or herself or for any other person or to cause detriment to the gas company. (4) A director of a gas company must not make improper use of his or her position as a director to gain, directly
2739 Gas Industry Act 1994 s.22 Act No. 112/1994
or indirectly, an advantage for himself or herself or for any other person or to cause detriment to the gas company. (5) This section has effect in addition to, and not in derogation of, any Act or law relating to the criminal or civil liability of a member of the governing body of a corporation and does not prevent the institution of any criminal or civil proceedings in respect of such a liability.
22. Gas company or Minister may bring proceedings If a person contravenes section 21 in relation to a gas company, the gas company or the Minister, in the name of the gas company, may recover from the person as a debt due to the gas company by action in a court of competent jurisdiction either or both of the following— (a) if that person, or any other person, made a profit as a result of the contravention, an amount equal to that profit; (b) if the gas company has suffered loss or damage as a result of the contravention, an amount equal to that loss or damage.
23. Directions (1) The Treasurer and the Minister, acting jointly, may, from time to time, by written notice to the board of a gas company, give such directions to the board as the Treasurer or Minister think fit. (2) The board of a gas company must comply with a direction given under this section but an act or decision of the board is not invalid merely because of a failure to comply with such a direction.
24. Gas company not to make loans to directors (1) The powers of a gas company do not include a power, whether directly or indirectly—
2740 Gas Industry Act 1994 Act No. 112/1994 s.25
(a) to make a loan to a director of the gas company, a spouse of such a director, or a relative (as defined in the Corporations Law) of such a director or spouse; or (b) to give a guarantee or provide security in connection with a loan made or to be made by another person to a director, spouse or relative referred to in paragraph (a). (2) Nothing in sub-section (1) prohibits a gas company entering into an agreement or arrangement with a person referred to in sub-section (1) if similar agreements or arrangements are entered into by the gas company with members of the public on the same terms and conditions.
25. Indemnity The powers of a gas company do not include a power to exempt, whether directly or indirectly, a director of the gas company from, or to indemnify (whether by paying a premium in respect of a contract of insurance or otherwise) a director of the gas company against, any liability that by law would otherwise attach to the director in respect of any negligence, default, breach of duty or breach of trust of which the director may be guilty in relation to the gas company.
26. Corporate plan (1) The board of each gas company must prepare a corporate plan each year. (2) The board must give a copy of the proposed plan to the Minister and the Treasurer on or before 31 May in each year. (3) The proposed corporate plan must be in or to the effect of a form approved by the Minister and the Treasurer and must include— (a) a statement of corporate intent in accordance with section 27;
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(b) a business plan containing the prescribed information; (c) financial statements containing the prescribed information. (4) The board must consider any comments on the proposed plan that are made to it by the Treasurer or the Minister within 2 months after the plan was submitted to the Treasurer and Minister. (5) The board must consult in good faith with the Treasurer and the Minister following communication to it of the comments, must make such changes to the plan as are agreed between the Treasurer, the Minister and the board and must deliver the completed plan to the Treasurer and Minister within 2 months after the commencement of the financial year. (6) The plan, or any part of the plan, must not be published or made available except for the purposes of this Part without the prior approval of the board, the Treasurer and the Minister. (7) The plan may be modified at any time by the board with the agreement of the Treasurer and the Minister. (8) If the board, by written notice to the Treasurer and Minister, proposes a modification of the plan, the board may, within 14 days, make the modification unless the Treasurer or Minister, by written notice to the board, directs the board not to make it. (9) The Treasurer or Minister may, from time to time, by written notice to the board, direct the board to include in, or omit from, a statement of corporate intent, a business plan or a financial statement of a specified kind, any specified matters. (10) Before giving the direction under this section, the Treasurer and Minister must consult with the board as to the matters to be referred to in the notice. (11) The board must comply with a direction under this section.
2742 Gas Industry Act 1994 Act No. 112/1994 s.27
(12) At any particular time, the statement of corporate intent, the business plan or the financial statements for a gas company are the statements and plan last completed, with any modifications or deletions made in accordance with this Part.
27. Statement of corporate intent: contents Each statement of corporate intent must specify for the gas company and its subsidiaries (if any), in respect of the financial year to which it relates and each of the 2 following financial years, the following information— (a) the objectives of the gas company and of its subsidiaries; (b) the main undertakings of the gas company and of its subsidiaries; (c) the nature and scope of the activities to be undertaken by the gas company; (d) the accounting policies to be applied in the accounts; (e) the performance targets and other measures by which the performance of the gas company and of its subsidiaries may be judged in relation to their stated objectives; (/) the kind of information to be provided to the Treasurer and the Minister by the gas company during the course of those financial years, including the information to be included in each half-yearly report; (g) such other matters as may be agreed on by the Treasurer, the Minister and the board of the gas company from time to time.
28. Non-commercial functions (1) The Minister, with the approval of the Treasurer, may, in writing, direct the board of a gas company— (a) to perform certain functions that the Minister considers to be in the public interest but that
2743 Gas Industry Act 1994 s.29 Act No. 112/1994
may cause the gas company to suffer financial detriment; or (b) to cease to perform functions of a kind referred to in paragraph (a); or (c) to cease to perform certain functions that the Minister considers not to be in the public interest. (2) The board of the gas company must comply with a direction given under sub-section (1). (3) If the gas company satisfies the Treasurer that it has suffered financial detriment as a result of complying with a direction under sub-section (1), the gas company may be reimbursed by the State an amount determined by the Treasurer and the Consolidated Fund is thereby appropriated to the necessary extent accordingly. (4) The reference in this section to suffering financial detriment includes a reference to incurring net costs that are greater than would have been incurred if the direction were not complied with.
29. Dividends A gas company must pay to the State such amounts, at such times and in such manner, as are determined by the Treasurer after consultation with the board of the gas company and the Minister.
30. Reports to Treasurer The Treasurer may, in writing, require the board of directors of a gas company to give the Treasurer such information as the Treasurer requires.
31. Annual report A gas company, in its annual report for a financial year under Part 7 of the Financial Management Act 1994, must include—
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(a) a copy of each direction given to it during that year under section 23 or 28 together with a statement of its response to the direction; and (b) a copy of the statement of corporate intent last completed.
PART 3—TRANSMISSION AND DISTRIBUTION OF GAS
32. Tariffs and conditions (1) A gas company may, with the approval in writing of the Minister, fix tariffs at which, and terms and conditions on which, the gas company distributes or supplies gas to or transmits gas for customers. (2) A gas company may, from time to time, by notice published in the Government Gazette, give notice of the tariffs at which, and the terms and conditions on which, the gas company distributes or supplies gas to or transmits gas for customers. (3) Subject to sub-section (4), a gas company may give notice of different tariffs and terms and conditions in respect of different classes of customers. (4) A person to whom GASCOR supplies gas at a domestic tariff is entitled to be supplied with gas on the same terms and conditions as any other person to whom GASCOR supplies gas at that tariff. (5) The tariffs and terms and conditions of which a gas company gives notice— (a) have effect from the day specified in the notice; and (b) are binding on the gas company and the customers to which they apply. (6) Despite anything to the contrary in sub-sections (2), (3) and (5), but subject to sub-section (4), a gas company may enter into a contract in writing with any person for the transmission, distribution or supply of gas for or to the person on the terms and conditions specified in the contract.
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(7) The terms and conditions fixed under this section are in addition to and must not conflict with any other terms and conditions set out in this Act and the regulations.
33. Billing of customers GASCOR must- fa) calculate in the manner prescribed the amount customers are to be charged for the supply of gas; and (b) render accounts to customers in the manner prescribed.
34. Notice by customer before quitting premises (1) A customer must give GASCOR 48 hours' notice before quitting any premises for which the customer receives a supply of gas from GASCOR. (2) If the notice is not given, the customer is liable to pay to GASCOR the money accruing due in respect of the supply of gas up to the earlier of— (a) the end of the current billing period; or (b) the date from which any subsequent occupier of the premises requires GASCOR to supply gas to the premises.
35. Restrictions on disconnection for debt GASCOR must not disconnect the domestic supply of gas to any premises for failure by a domestic customer to pay an account for that supply if the failure occurs through lack of sufficient income of the customer and of any other person normally resident at the premises until— (a) GASCOR has offered to advise the customer about— (i) optional methods of arranging payment of the account; and
2746 Gas Industry Act 1994 Act No. 112/1994 s.36
(ii) other ways which may be available from government agencies to assist the customer to pay the account; and (b) the customer— (i) refuses or fails to accept the offer of advice within a time specified by GASCOR (in each case being not less than 7 days); or (ii) accepts the offer of advice, but refuses or fails to take any reasonable action to pay the account within the time specified by GASCOR (in each case being not less than 7 days).
36. Customer billed at incorrect tariffs (1) If GASCOR determines that a customer has been supplied gas at an incorrect tariff as a result of which— (a) the customer has been overcharged, GASCOR must make the appropriate adjustment'in favour of the customer to the customer's accounts for the whole of the period during which the customer has been supplied gas at the incorrect tariff; or (b) the customer has been undercharged, GASCOR may issue the customer with an additional account for the whole of the period during which the customer has been supplied gas at the incorrect tariff. (2) Sub-section (1) (a) does not apply if the customer has been overcharged through no fault of GASCOR. (3) Sub-section (1) (b) does not apply if the customer has been undercharged through the fault of GASCOR.
37. Appeals by domestic customers (1) A domestic customer may appeal to the Director of the Office of Fair Trading and Business Affairs if the customer is dissatisfied with any determination of
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GASCOR in relation to an adjustment of the customer's accounts. (2) On an appeal, the Director of the Office of Fair Trading and Business Affairs must determine what amount is owed or to be paid— (a) by the domestic customer to GASCOR; or (b) by GASCOR to the domestic customer.
38. GASCOR to supply gas on demand (1) GASCOR must supply gas to any person who— (a) demands supply; and (b) occupies or owns premises abutting on a street if the premises are not more than 20 metres from a GASCOR main which was laid (whether or not by GASCOR) primarily to provide a supply of gas to the premises of customers; and (c) is not indebted to GASCOR at the time of demanding supply. (2) GASCOR is not required to supply gas to a person or to increase materially the supply of gas to a customer until it can provide adequate facilities to ensure that the supply is maintained without affecting the supply to other customers. (3) GASCOR is not required to supply or continue to supply gas to a gas fitting or to premises in which there is a gas fitting that does not conform with the regulations . (4) A person who is dissatisfied with a refusal under sub-section (2) may appeal to the Minister whose decision is final.
39. Gas companies to transmit or distribute gas (1) Subject to sections 15 and 40, GTC has the exclusive right to convey gas in Victoria through transmission pipelines.
2748 Gas Industry Act 1994 Act No. 112/1994 s.40
(2) Subject to section 40, GASCOR has the exclusive right to convey gas in Victoria through distribution pipelines. (3) Sub-sections (1) and (2) do not vary any rights referred to in section 102 of the Gas and Fuel Corporation Act 1958.
40. Approval of other suppliers (1) The Governor in Council may authorise a person other than GTC to convey gas through transmission pipelines in a specified area or for a specified purpose. (2) The Governor in Council may authorise a person other than GASCOR to convey gas through distribution pipelines in a specified area or for a specified purpose. (3) If the Governor in Council gives an authority, the authorised person must comply with the terms and conditions specified in the authority. (4) The Governor in Council may specify in the authority that some or all of the provisions in this Act (except any provision relating to powers of entry) and the regulations apply to the conveyance of gas by an authorised person. (5) If the Governor in Council specifies in an authority that a provision of this Act or the regulations applies, that provision applies as if a reference to a gas company were a reference to the authorised person and with any other necessary changes. (6) The Governor in Council may amend or revoke an authority at any time. (7) Any Order continued in force by section 68 (6) of the Gas and Fuel Corporation Act 1958 or made under section 68 of that Act and in force under that section immediately before the commencement of this section and any authority in force under mat section immediately before that commencement continue in
2749 Gas Industry Act 1994 s.41 Act No. 112/1994
force under this Act and may be amended or revoked as if it were an authority under this section.
41. Gas conveyance through transmission pipelines (1) Except as is expressly provided in this section, GTC is not bound to convey gas through transmission pipelines. (2) A gas company is bound to convey gas so as to enable— (a) the other gas company to meet its obligations under this Act; and (b) the other gas company to meet its obligations in respect of any contract to which section 102 of the Gas and Fuel Corporation Act 1958 applies or under an agreement, contract or document referred to in Schedule 4. (3) This section does not impose a liability on GTC in favour of any person other than GASCOR.
42. Testing of meters (1) A domestic customer may, at any time, in writing request the Director to arrange a test of a meter installed at the premises of the domestic customer. (2) Before arranging a meter test requested under sub-section (1), the Director may require GASCOR to do either or both of the following— (a) provide the Director with information about the procedures it has followed in relation to the matter which gave rise to the request; (b) carry out further investigations in relation to that matter. (3) The Director may direct GASCOR to conduct a test of the meter. (4) If the Director does not direct a test to be conducted under sub-section (3)— (a) the domestic customer may demand that a test be conducted; and
2750 Gas Industry Act 1994 Act No. 112/1994 s.43
(b) on receipt of the demand, the Director must direct GASCOR to conduct a test of the meter. (5) GASCOR may charge a fee in accordance with the regulations for conducting a meter test under this section.
(6) The meter test must be conducted and certified in the prescribed manner.
(7) The Director must send a copy of the results of any meter test carried out under this section to the domestic customer who requested the test.
(8) In this section, "Director" means the Director of the Office of Fair Trading and Business Affairs.
43. Notice of defective meter
If any prescribed test shows that the meter is— (a) inaccurately registering; or (b) failing to register—
the amount of gas supplied to a customer, GASCOR must notify the customer of the period for which, in the view of GASCOR, the meter has been defective.
44. Overcharging as a result of a defective meter (1) If, from the results of any prescribed test conducted on a meter, it appears that a customer has been overcharged, GASCOR must make the appropriate adjustment to the customer's accounts in favour of the customer for the period notified by GASCOR under section 43.
(2) If a meter test under section 42 shows that a domestic customer has been overcharged, GASCOR must refund to the domestic customer any charge paid by the domestic customer for the meter test.
2751 Gas Industry Act 1994 s.45 Act No. 112/1994
45. Undercharging as a result of a defective meter (1) If, from the results of any prescribed test conducted on a meter, it appears that a customer has been undercharged, GASCOR may issue the customer with an additional account. (2) The period for which an additional account under sub-section (1) may be issued must not exceed— (a) the period notified by GASCOR under section 43; or (b) a period of— (i) 12 months, in the case of a domestic customer; or (ii) 3 years, in any other case— whichever is the shorter period. (3) The additional account must include details of the manner in which GASCOR has calculated the additional amount to be paid by the customer.
PART 4—TECHNICAL REGULATION
46. Gas quality The gas supplied by a gas company in a prescribed area must— (a) meet the standards of quality prescribed in respect of that area; (b) comply with any other prescribed requirements.
47. Installation of meters A gas company must ensure that each meter it installs— (a) complies with the prescribed requirements; and (b) is tested in the manner and at the intervals prescribed; and (c) is sealed and installed in the manner prescribed.
2752 Gas Industry Act 1994 Act No. 112/1994 s.48
48. Retention of meters after initial life of meter family (1) In this section— "initial life" in relation to a meter family, means— (a) the period prescribed in respect of that meter family; or (b) if no period is prescribed, the period of 10 years commencing on the day on which a meter in that meter family was first used to supply gas to a customer whether before, on or after the commencement of this section; "meter family" means a group of meters in which— (a) all the meters have been made to the same specifications by the same manufacturer; and (b) there are no significant differences in components or materials between meters; and (c) all the meters have been sealed in the prescribed manner with the same date code. (2) If GASCOR intends to retain the meters in a meter family in service for any period after the end of the initial life of that meter family, GASCOR must— (a) notify the Director of its intention at least 3 months before the end of— (i) the initial life of the meter family; and (ii) each year that the meter family is in service after the initial life of the meter family; and (b) adopt the testing and sampling procedures for that meter family— (i) that are prescribed; or (ii) if no procedures are prescribed, that are approved by the Director. (3) In this section, "Director" means the Director of the Office of Fair Trading and Business Affairs.
2753 Gas Industry Act 1994 s.49 Act No. 112/1994
PART 5—PROPERTY AND WORKS
49. Certain pipelines are not part of land (1) A pipeline to which this section applies— (a) is not part of the land through which it runs; and (b) is personal property. (2) This section applies to— (a) pipelines owned by GFCV before the commencement of this section; (b) transmission pipelines; (c) distribution pipelines.
50. Agreement for operation of pipelines (1) A gas corporation may enter into an agreement with one or more other gas corporations relating to such pipelines owned by any one or more of them as are specified in the agreement, being an agreement relating to— (a) the operation and use of the pipelines; and (b) the exercise of such rights, and compliance with such obligations, in respect of that operation or use as the owner of the pipelines is entitled to exercise or required to comply with. (2) If an agreement under sub-section (1) is in force in respect of a pipeline owned by a gas corporation— (a) any permits or licences held by the gas corporation under the Pipelines Act 1967 for the pipeline are deemed to confer the same rights and obligations on the other gas corporation as on the gas corporation that is the owner of the pipeline; and (b) subject to paragraph (a), nothing in this section affects the operation of the Pipelines Act 1967 in relation to the pipeline.
2754 Gas Industry Act 1994 Act No. 112/1994 s.51
51. Power of gas company to acquire land (1) A gas company may purchase by agreement or, with the approval of the Minister, acquire compulsorily any land which it is authorised to purchase or acquire under this Act or which is required for the purposes of this Act. (2) The Land Acquisition and Compensation Act 1986 applies to this Act and for that purpose— (a) the Gas Industry Act 1994 is the special Act; and (b) the gas company is the Authority.
52. Rateability of property of gas companies Land of the Crown and land vested in fee in a gas company which is unoccupied or used for the purposes of this Act is not, and is deemed never to have been, rateable land within the meaning of the Local Government Act 1989.
53. Powers as to works etc. (1) For the purposes of this Act, a gas company by its officers and employees, subject to this Act— (a) may enter upon any lands and make surveys and do any other acts or things necessary for making surveys; (b) may, with any pipes, equipment or other devices, receive, store or convey gas over, or under, any land and may enter on any land upon either side of such pipes, equipment or other devices and fell or remove any tree or part of a tree or any obstruction which in the opinion of the gas company it is necessary to fell or remove; (c) may enter upon any public or private land or roads and construct any works or place on under or over any land any pipeline, work, structure or equipment and may repair, alter or remove any
2755 Gas Industry Act 1994 s.54 Act No. 112/1994
such pipeline, work, structure or equipment or any works under its control; and (d) may do all other things necessary or convenient for constructing, maintaining, altering, or using any pipelines, works or undertakings of the gas company. (2) In the exercise of the powers under sub-section (1), a gas company must do as little damage as possible and must, if required within 2 years from the exercise of the powers, make full compensation to the owner of and all parties interested in any land for any damage sustained by them in consequence of the exercise of the powers. (3) Compensation under sub-section (2) shall be either a gross sum or a yearly rent as may be agreed and, in default of agreement, shall be determined in the manner provided in the Land Acquisition and Compensation Act 1986.
54. Power to open and break up roads etc. (1) Subject to and for the purposes of this Act, a gas company and all persons authorised by it may— (a) open and break up the soil and pavement of any public or private road or bridge; and (b) temporarily stop the traffic on any such road or bridge. (2) A gas company must not (except in cases of emergency) open or break up any road or bridge or stop any traffic without giving at least 3 days' notice in writing to the municipal council or person having the control or management of the road or bridge. (3) When a gas company has opened or broken up any road or bridge, the gas company must— (a) with all convenient speed and to the satisfaction of the municipal council or other person restore the portion so opened or broken up to as good condition as before it was opened or broken up and remove all surplus material; and
2756 Gas Industry Act 1994 Act No. 112/1994 s. 55
(b) cause the place where the road or bridge is broken up to be protected during the night so as to prevent accidents; and (c) bear or pay all reasonable expenses of the repair of the road or bridge for 6 months after it is restored so far as those expenses have been incurred by such opening or breaking up. (4) Nothing in this section affects the operation of the Pipelines Act 1967 and, if a provision of this section is inconsistent with a provision of that Act, the provision of that Act prevails.
55. Obstructing construction or operation of pipelines A person must not— (a) wilfully obstruct a person acting under the authority of a gas company in the lawful exercise of its powers in relation to the construction or operation of a pipeline; or (b) without the authority of a gas company, interfere with any works relating to the construction or operation of a pipeline owned or operated by the gas company. Penalty: 50 penalty units.
56. Tampering with pipelines A person must not— (a) without authority or without having given to a gas company the notice (if any) required by or under this Act of intention so to do, carry out any excavation or boring or open any ground so as to uncover or expose any pipeline owned or operated by the gas company; or (b) wilfully or negligently break, injure, open or tamper with any pipeline operated by a gas company. Penalty: 100 penalty units.
2757 Gas Industry Act 1994 s.57 Act No. 112/1994
57. Obstruction of gas company or officers etc. A person must not obstruct, hinder or interfere with a gas company or any director, officer or employee of die gas company or any person acting under the authority of the gas company in the entry of any premises or in the performance of anything which the gas company or any such director, officer, employee or person is respectively empowered or required to do by or under this Act. Penalty: 10 penalty units.
58. Offences relating to transmission pipelines (1) A person must not— (a) lay or cause to be laid a pipe to communicate with a pipe belonging to GTC without its consent; or (b) wilfully or by culpable negligence injure or allow to be injured any gas fitting belonging to GTC; or (c) interfere in any way with a meter or prevent a meter from properly registering the quantity of gas conveyed; or (d) fraudulently abstract gas from a transmission pipeline; or (e) retain or use any property of GTC except in accordance with an authority of GTC. Penalty: 50 penalty units. (2) In addition to any penalty under sub-section (1), GTC may recover the amount of any damages sustained by GTC as a result of the wrongful act.
59. Offences relating to gas supply (1) A person must not— (a) lay or cause to be laid a pipe to communicate with a pipe belonging to GASCOR without its consent; or
2758 Gas Industry Act 1994 Act No. 112/1994 s.59
(b) wilfully or by culpable negligence injure or allow to be injured any gas fitting belonging to GASCOR; or (c) interfere in any way with a meter or prevent a meter from properly registering the quantity of gas supplied; or (d) fraudulently abstract gas of GASCOR; or (e) if the gas supplied by GASCOR is not ascertained by a meter— (i) use a burner other than a burner provided or approved by GASCOR; or (ii) keep the gas burning for a longer time than that for which the person contracts; or (/) otherwise fraudulently burn or use gas supplied to the person by GASCOR or supply any other person with any part of that gas. Penalty: 50 penalty units. (2) In addition to any penalty under sub-section (1), GASCOR may recover the amount of any damages sustained by the licensee as a result of the wrongful act. (3) Despite any contract previously existing, GASCOR may also discontinue the supply of gas to any person who has committed an offence under sub-section (1). (4) When a meter is under the custody or control of a customer, the existence of artificial means for— (a) interfering with the meter; or (b) preventing a meter from properly registering the quantity of gas supplied; or (c) abstracting GASCOR's gas- is evidence and, in the absence of evidence to the contrary, proof, that the interference, prevention or abstraction has been fraudulently and wilfully caused by the customer using the meter. 2759 Gas Industry Act 1994 s.60 Act No. 112/1994
60. Offence to retain or use GASCOR's property without permission A person must not retain or use any property of GASCOR except in accordance with an authority of GASCOR.
Penalty: 50 penalty units.
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 in, over or affecting any land which, immediately before the gas company became so entitled, was an easement to which GFCV or another gas company was entitled; or (b) acquires an easement, right or privilege in, over or affecting land for the purpose of its functions 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. (2) Despite sub-section (1), if an easement referred to in that sub-section— (a) is, in the instrument which created it, expressed to be or to be granted as an easement appurtenant to any land; or (b) is shown in the Register kept under the Transfer of Land Act 1958 as an easement appurtenant to any land— then if that land, or any part of it, is disposed of by the gas company or transferred to another person in accordance with Part 7, the easement becomes and remains appurtenant to the land to which it is
2760 Gas Industry Act 1994 Act No. f 12/1994 s.62
expressed to be, or is shown as, appurtenant and not to any other land vested in the gas company unless— (c) if that gas company is entitled to the easement, that gas company certifies; or (d) if the other gas company is entitled to the easement, both gas companies certify— on a conveyance or transfer by the first-mentioned gas company of the land or any part of it, that the easement is not required for the accommodation of the land or any part of it. (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 sub-section (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 sub-section (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 sub-section (3) relates; (c) a reference in that section to a notice of intention to acquire included a notice of intention to acquire given under sub-section (3); and (d) sub-section (1) of that section did not form part of that section.
62. Easements over lands held by Crown licensees or lessees (1) If an easement acquired by a gas company for any of the purposes of this Act is an easement over land held or occupied by any licensee or lessee of the Crown, a
950250—12 2761 Gas Industry Act 1994 s. 63 Act No. 112/1994
description of the easement and a notification that it has been so acquired must be forwarded forthwith by the gas company to the Secretary to the Department of Conservation and Natural Resources. (2) If an easement referred to in sub-section (1) is over land held or occupied under licence, the description and notification shall be endorsed on the licence by the Secretary to the Department of Conservation and Natural Resources and be registered in that Department. (3) If a Crown grant is issued to a person of the land over which any such easement has been taken, the grant is subject to the easement.
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 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 company was a party; or (ii) that was given to or in favour of the gas company; or (iii) that refers to the gas company; or
2762 Gas Industry Act 1994 Act No. 112/1994 s.63
(iv) under which— (A) money is, or may become, payable to or by the gas company; or (B) other property is to be, or may become liable to be, transferred to or by the gas company. "former gas corporation property" means property, rights or liabilities of a gas corporation that, under this Part, have vested in, or become liabilities of, another gas corporation, the Treasurer or the State; "relevant date"— (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 sub-section (2) for the purposes of that statement; "transferee", in relation to former gas corporation property, means the gas corporation or the Treasurer or the State or 2 or more of the gas corporations and the State 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;
2763 Gas Industry Act 1994 s.64 Act No. 112/1994
"transferor", in relation to former gas corporation property, means the gas corporation 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.
Division 2—Transfer by operation of Act
64. Transfer of property ofGFCV in GFE Resources Ltd (1) On the relevant date, the property and rights of GFCV in any share in GFE Resources Ltd A.C.N. 005 469 581 vest in the Treasurer, subject to the liabilities (if any) to which they were subject immediately before so vesting. (2) On the relevant date, the property and rights of GFCV in or under an agreement for a loan by GFCV to GFE Resources Ltd vest in the Treasurer, subject to the liabilities and encumbrances (if any) to which they were subject immediately before so vesting.
65. Transfer of certain GFCV property to GTC (1) On the relevant date— (a) the property and rights of GFCV described in Schedule 2 (but not including property or rights referred to in Schedule 3 or 4) vest in GTC, subject to the encumbrances (if any) to which they were subject immediately before so vesting; and (b) the liabilities of GFCV described in Schedule 2 (but not including liabilities referred to in Schedule 3 or 4) become liabilities of GTC. (2) The rights to which GFCV was entitled in respect of the liabilities to which sub-section (1) (b) applies immediately before they ceased to be liabilities of GFCV vest in GTC.
2764 Gas Industry Act 1994 Act No. 112/1994 s. 66
66. Transfer of GFCV property to GASCOR On the relevant date— (a) all property and rights of GFCV, including property and rights referred to in Schedule 4, wherever located, other than— (i) the property and rights described in Schedule 3; and (ii) the property and rights described in Schedule 2— vest in GASCOR subject to the encumbrances (if any) to which they were subject immediately before so vesting; (b) all liabilities of GFCV, including liabilities referred to in Schedule 4, wherever located, other than— (i) the liabilities described in Schedule 3; and (ii) the liabilities described in Schedule 2— become liabilities of GASCOR.
67. GASCOR to be successor in law of GFCV GASCOR is the successor in law of GFCV, except in relation to the property, rights and liabilities of GFCV referred to in Schedule 3 and except as otherwise provided in this Act or the Gas and Fuel Corporation Act 1958.
Division 3—Direction to allocate property
68. Minister may direct transfer of property (1) The Minister may give a direction in writing to a gas company directing it to transfer property, rights and liabilities of a specified kind to another gas company or to GFCV or to the State or to any 2 or more of the gas corporations and the State in accordance with the direction. (2) Within 3 months after receiving a direction under sub-section (1), the gas company must give to the
2765 Gas Industry Act 1994 s.69 Act No. 112/1994
Minister a statement approved by the Minister relating to the property, rights and liabilities of the gas company to which the direction relates, as at a date specified by the Minister for the purposes of this section. (3) A statement under this section— (a) must allocate the property, rights and liabilities of the gas company shown in the statement in accordance with the directions of the Minister; and (b) must be signed by the chief executive officer of the gas company. (4) If a statement under this section is approved by the Treasurer and the Minister— (a) the Treasurer and the Minister must sign the statement; and (b) the statement is an allocation statement for the purposes of this Part. (5) The Treasurer and the Minister may at any time direct a gas company to amend a statement given to them under this section as specified in the direction. (6) An allocation statement under this section may be amended by writing signed by the Treasurer and the Minister. (7) In this section, "statement" and "allocation statement" include a statement or allocation statement amended in accordance with this section.
Division 4—Transfer by allocation
69. Property transferred in accordance with direction On the relevant date— (a) all property and rights of a gas company, wherever located, that are allocated under an allocation statement in accordance with a direction of the Minister under section 68, vest
2766 Gas Industry Act 1994 Act No. 112/1994 s.70
in a gas corporation or the State or 2 or more of the gas corporations and the State in accordance with the statement; and (b) all liabilities of a gas company, wherever located, that are allocated under an allocation statement become liabilities of a gas corporation or the State or 2 or more of the gas corporations and the State in accordance with the statement.
70. Allocation of property etc. subject to encumbrances Unless an allocation statement under this Part otherwise provides, where, under this Part— (a) property and rights vest in; or {b) liabilities become liabilities of— a transferee in accordance with a direction under section 68— (c) the property and rights so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting; and (d) the rights to which the transferor was entitled in respect of those liabilities immediately before they ceased to be liabilities of the transferor vest in the transferee.
Division 5—General
71. Certificate of chief executive officer (1) A certificate signed by the chief executive officer of a gas corporation that is a transferor certifying that property, rights or liabilities of the gas corporation 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 sub-section (2), conclusive evidence—
2767 Gas Industry Act 1994 s.72 Act No. 112/1994
(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. (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 sub-section (1) 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.
72. Pipelines (1) If former gas corporation property includes a pipeline to which a permit or licence under the Pipelines Act 1967 applies, on the relevant date in relation to section 65 or 66. or the relevant allocation statement— (a) the 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 pipeline on the same terms and conditions and for the same period as those applicable to the transferor; and (b) any permits or licences relating wholly or in part to the transferred pipeline held by the transferor under that Act are, by force of this section, varied or cancelled to the extent necessary as a result of paragraph (a). (2) As soon as practicable after the relevant date in relation to section 65 or 66 or the relevant allocation statement, the Minister—
2768 Gas Industry Act 1994 Act No. 112/1994 s.73
(a) must issue to the transferee permit and licence documents that comply with sub-section (1) (a); and (b) must vary or cancel permit and licence documents, or issue permit and licence documents, so that the transferor has permit and licence documents that comply with sub-section (1). (3) Subject to sub-section (4), the Pipelines Act 1967 does not apply to— (a) a permit or licence referred to in sub-section (1) (a); or (b) the issue, under sub-section (2), of a permit or licence document; or (c) the cancellation of a permit or licence by force of sub-section (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 sub-section (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 sub-section (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 (d) the construction, reconstruction, alteration, repair, maintenance, operation and use of the pipeline.
73. Value of former gas corporation property (1) The value to a transferee as at the relevant date of the property, rights and liabilities of the transferor referred to in section 65 or 66 is the value shown in 2769 Gas Industry Act 1994 s.74 Act No. 112/1994
the audited accounts of GFCV as at 30 June 1994 or, if the property, rights or liabilities were not property, rights or liabilities of GFCV until after that date, the cost as at the date of acquisition.
(2) The value to a transferee as at the relevant date of property, rights and liabilities of the transferor that are allocated to it under an allocation statement is the value shown in, or calculated in accordance with, the relevant allocation statement.
74. Substitution of party to agreement
Where, under section 65 or 66 or an allocation statement, the rights and liabilities of a gas corporation under an agreement vest in, or become or are allocated to a transferee in accordance with that section or a direction under section 68— (a) the transferee becomes, on the relevant date, a party to the agreement in place of the transferor; and (b) on and after the relevant date, the agreement has effect as if the transferee had always been a party to the agreement.
75. Former gas corporation instruments
(1) Each former gas corporation instrument relating to former gas corporation property of a transferor continues to have effect according to its tenor on and after the relevant date in relation to the transfer of that property as if a reference in the instrument to the transferor, or to a person who has been a transferor of that property, were a reference to the transferee.
(2) In sub-section (1), a reference to a former gas corporation instrument does not include a reference to an agreement, contract or document referred to in Schedule 4.
2770 Gas Industry Act 1994 Act No. 112/1994 s.76
76. Schedule 4 documents On and after the commencement of section 66, each agreement, contract or document referred to in Schedule 4 continues to have effect according to its tenor as if a reference in the agreement, contract or document to GFCV were a reference to GASCOR.
77. Proceedings If, immediately before the relevant date, proceedings relating to former gas corporation property (including arbitration proceedings) of a transferor to which the transferor was a party were pending or existing in any court or tribunal, then, on and after that date, the transferee is substituted for the transferor as a party to the proceedings and has the same rights in the proceedings as the transferor had.
78. Interests in land Without prejudice to the generality of this Part and despite anything to the contrary in any other Act or : law, if, immediately before the relevant date, a transferor is, in relation to former gas corporation property of the transferor, the registered proprietor of an interest in land under the Transfer of Land Act 1958, then on and after that date— (a) the transferee is to be taken to be the registered proprietor of that interest in land; and (b) the transferee has the same rights and remedies in respect of that interest as the transferor had.
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.
2771 Gas Industry Act 1994 s.80 Act No. 112/1994
(2) The Registrar-General must make all entries on the records of enrolment of any Crown grant and on any memorial relating to land that are necessary because of the operation of this Part. (3) If any land vested under this Part or allocated under an allocation statement under this Part is not Crown land and is not under the operation of the Transfer of Land Act 1958, the transferee of the former gas corporation property, must, as soon as practicable after the land vests in accordance with this Part or the allocation statement, cause a memorial of the certificate of the chief executive officer of the transferor (that complies with Part 1 of the Property Law Act 1958) to be delivered to the office of the Registrar-General and, for the purposes of that Part, that certificate must be taken to be an instrument affecting land.
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.
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) Division 3A of Part III of the Evidence Act 1958 continues to apply with respect to the books of account of a gas corporation and to entries made in those books of account before the relevant date,
2772 Gas Industry Act 1994 Act No. 112/1994 , s.82
whether or not they relate to former gas corporation property. (3) In sub-section (2), "books of account" has the same meaning as in Division 3A of Part III of the Evidence Act 1958.
Division 6—Rights as between transferees
82. Interim arrangements (1) At any time before 1 January 1997, each transferee of former gas corporation property ("the new body")— (a) may, subject to any agreement to the contrary, exercise such rights and privileges (including access to goods and services) in relation to former gas corporation property that has become property of another transferee as are reasonably necessary to enable the new body to carry out its functions in a manner similar to the manner in which GFCV carried out corresponding functions before the date on which this Act received the Royal Assent; and (b) must, subject to any agreement to the contrary— (i) permit any other transferee to exercise such rights and privileges in relation to former gas corporation property that has become property of the new body; and (ii) make available to each other transferee such goods and services as are available from that former gas corporation property— as are reasonably necessary to enable the other transferee to carry out its functions in a manner similar to the manner in which GFCV carried out corresponding functions before the date on which this Act received the Royal Assent. (2) A transferee must pay such reasonable charges for the exercise of rights and privileges under sub-section (1) (a) in respect of former gas corporation property of
2773 Gas Industry Act 1994 s.83 Act No. 112/1994
another transferee as are determined by the other transferee and agreed between the parties or, if the other transferee determines charges and there is no agreement, as are determined by the Minister.
83. Easements (1) A gas company may, subject to and in accordance with any agreement entered into with the other gas company, exercise such rights and privileges in respect of easements to which the other gas company is entitled and are reasonably necessary to enable the first-mentioned gas company to carry out its functions in a manner similar to the manner in which GFCV carried out corresponding functions before the date on which this Act receives the Royal Assent. (2) A gas company must pay such reasonable charges for the exercise of rights and privileges under sub-section (1) in respect of easements to which the other gas company is entitled as are determined by the other gas company and agreed by the first- mentioned gas company or, if there is no agreement, as are determined by the Minister.
PART 8—STAFF
84. Definitions In this Part— "transferred GFCV employee" means a person who, by virtue of section 85 (1), is regarded as being employed by a new employer with effect from the commencement of section 85.
85. Transfer of GFCV staff to GASCOR (1) A person who, immediately before the commencement of this section, was an employee of GFCV is to be regarded as—
2774 Gas Industry Act 1994 Act No. 112/1994 s.86
(a) having been employed by GASCOR with effect from that commencement; and (b) having been so employed on the same terms and conditions as those that applied to the person, immediately before that commencement, as an employee of GFCV; and (c) having accrued an entitlement to benefits, in connection with that employment by GASCOR, that is equivalent to the entitlement that the person had accrued, as an employee of GFCV, immediately before that commencement. (2) The service of a transferred GFCV employee as an employee of GASCOR is to be regarded for all purposes as having been continuous with the service of the employee, immediately before the commencement of this section, as an employee of GFCV. (3) A transferred GFCV employee is not entitled to receive any payment or other benefit by reason only by having ceased to be an employee of GFCV because of this Act. (4) A certificate purporting to be signed by the chief executive officer of GFCV certifying that a person named in the certificate was with effect from the commencement of this section employed, by virtue of this section, by GASCOR is admissible in evidence in any proceedings and is conclusive proof of the matters stated in it.
86. Future terms and conditions of transferred employees Nothing in section 85 prevents— (a) any of the terms and conditions of employment of a transferred GFCV employee from being altered by or under any law, award or agreement with effect from any time after the commencement of this section; or (b) a transferred GFCV employee from resigning, or the termination of a transferred GFCV
2775 Gas Industry Act 1994 s.87 Act No. 112/1994
employee's employment, at any time after that commencement in accordance with the then existing terms and conditions of the employee's employment by GASCOR.
87. Superannuation (1) A transferred GFCV employee who, immediately before the commencement of this section, was a member of the Gas and Fuel Corporation Superannuation Fund— (a) continues, on and after that commencement, to be a member of that Fund for so long as he or she continues to be employed by GASCOR or until otherwise ceasing to be a member as provided in the trust deed of the Fund; (b) is not entitled to receive any payment or other benefit by reason only of having ceased to be an employee of GFCV because of this Act, despite any provision of the trust deed of the Fund; (c) is entitled to payments and other benefits as if GASCOR had been the employer at all times since the transferred GFCV employee last became a member of the Fund. (2) On and after the commencement of this section, the trust deed of the Gas and Fuel Superannuation Fund has effect as if— (a) the reference to GFCV in the definition of "Corporation" for the purposes of the trust deed were a reference to GASCOR; and (b) the trust deed were amended to the extent necessary to give effect to sub-section (1).
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
2776 Gas Industry Act 1994 Act No. 112/1994 s.89
Minister or the Treasurer under this Act, other than this power of delegation.
89. Validity of things done under this Act (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 referred to in Schedule 2 to or in GTC and in Schedule 4 to or in GASCOR)— (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 (/) is to be regarded as frustrating any contract; or (g) releases any surety or other obligee wholly or in part from any obligation.
2777 Gas Industry Act 1994 s.90 Act No. 112/1994
(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.
90. GTC may act under certain agreements and instruments (1) If the rights and liabilities of GFCV under an agreement or instrument relating in any way to the transmission of gas do not, under section 65 or an allocation statement under section 68, vest in or become liabilities of GTC— (a) GTC may, with the agreement of GFCV and instead of GFCV, perform personally or by an agent any obligation, act or conduct allowed to be performed by GFCV under, or indemnify GFCV in respect of any liability of GFCV under, that agreement or instrument; and (b) the performance by GTC of any obligation, act or conduct allowed to be performed by GFCV under or in relation to that agreement or instrument is for all purposes deemed to be performance by GFCV. (2) GTC may, with the agreement of GASCOR and instead of GASCOR, perform personally or by an agent any obligation, act or conduct allowed to be performed by GASCOR under, or indemnify GASCOR in respect of any liability under, an agreement or instrument relating in any way to the transmission of gas. (3) The performance by GTC of any obligation, act or conduct allowed to be performed by GASCOR under or in relation to an agreement or instrument under sub-section (2) is for all purposes deemed to be performance by GASCOR.
2778 Gas Industry Act 1994 Act No. 112/1994 s.91
(4) Nothing in this section shall be construed as imposing any liability on GTC in favour of any party to the relevant agreement or instrument.
91. Identification cards (1) A gas company must give an identification card to any of its officers or employees who, in the course of the officer's or employee's duties, may need to enter the premises of acustomer. (2) The identification card must bear— (a) the signature of the chief executive officer or a prescribed officer of the gas company; and (b) the photograph and signature of the officer or employee. (3) The officer or employee must show the identification card on demand to a customer or other person whose premises the officer of employee needs to enter in the course of the officer or employee's duties.
92. Power of entry At any reasonable time, an officer or employee of a gas company may enter any premises to which the gas company supplies or transmits gas to inspect any gas fitting or to find out the quantity of gas consumed, supplied or transmitted.
93. Emergency powers (1) If an emergency occurs near any pipeline used by a gas company for the conveyance of gas which, in the opinion of an officer or employee of the gas company, might endanger life or property, the officer or employee may enter any land or premises for the purpose of ensuring the security or the safety of the pipeline. (2) If an officer or employee of the gas company considers that the security or safety of any pipeline used by the gas company can only be ensured by
2779 Gas Industry Act 1994 s.94 Act No. 112/1994
stopping the conveyance of gas through or to the pipeline, the officer or employee may take such steps as are necessary to stop the conveyance of gas. (3) A gas company is not liable to any penalty or damages for failing to convey or supply gas if the failure arises out of any accident or cause beyond the control of the gas company.
94. Offences by bodies corporate (1) If a person charged with an offence against this Act is a body corporate, any person who is concerned or takes part in the management of that body corporate may be charged with the same offence. (2) If a body corporate is convicted of an offence against this Act, a person charged under this section with the same offence may also be convicted of the offence and is liable to the penalty for that offence unless that person proves that the act or omission constituting the offence took place without that person's knowledge or consent.
95. Service of documents on gas company A document required or authorised to be served on a gas company may be served— (a) personally on a person— (i) apparently concerned in the management of the gas company; or (ii) apparently authorised to accept service of documents on behalf of the gas company; or (b) by post to the gas company at its principal office.
96. Evidence of documents A document issued or purporting to have been issued by a gas company and purporting to have been signed by the chief executive officer of the gas company is
2780 Gas Industry Act 1994 Act No. 112/1994 s.97
evidence that the document was issued by the gas company.
97. Evidence of ownership In any legal proceedings by GASCOR, in addition to any other method of proof available— (a) evidence that the person proceeded against is shown in the books of GASCOR to be the owner or occupier of the premises in relation to which the proceedings are instituted; or (b) a certificate by the chief executive officer of the municipal council within the municipal district of which premises are situated to the effect that a party to the proceedings is rated in respect of those premises— is evidence and, in the absence of evidence to the contrary, proof, that the party is the owner or occupier (as the case may be) of the premises and the consumer of any gas supplied to the premises.
98. Evidence of testing and sealing A certificate to the effect that a meter has been tested or sealed in the prescribed manner, appearing to be signed by a person authorised to do so by the regulations, is evidence that the meter has been so tested or sealed.
99. Services of notices on customers Unless it is otherwise expressly provided, a notice, order or demand required to be given by a gas company to a customer must be addressed to the customer and must— (a) if the address of the customer is known to the gas company—be served on the customer or left with an adult person apparently residing at that address; or
2781 Gas Industry Act 1994 s. 100 Act No. 112/1994
(b) if the address of the customer is not known to the gas company— (i) be served on the occupier (if any) of the premises in respect of which the notice, order or demand is given or left with an adult person apparently residing at the premises; or (ii) if there is no occupier, be put up on a conspicuous part of the premises; or (c) be served by prepaid letter addressed to the customer at the customer's last known place of business or residence.
100. Treasurer may give guarantee (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 gas company under section 19 (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 provision to a gas company or to GFE Resources Limited of financial accommodation including, without limiting the generality of the foregoing, the payment of expenses of enforcing or obtaining or endeavouring to obtain such satisfaction.
(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 gas company or GFE Resources Limited or otherwise in respect of any sum paid by the Treasurer under a guarantee shall be paid into the Consolidated Fund.
2782 Gas Industry Act 1994 Act No. 112/1994 s. 101
101. Trade Practices Act 1974 of the Commonwealth The regulations may provide that any act or thing or kind of act or thing of or relating to a gas company or a subsidiary of a gas company is authorised for a particular period for the purposes of Part IV of the Trade Practices Act 1974 of the Commonwealth.
102. Regulations (1) The Governor in Council may make regulations for or with respect to— (a) prescribing or approving the quality and design of materials, fittings and apparatus to be used in or in connection with gas installations and the methods to be followed in carrying out gas installations; (b) requiring customers to keep the gas pipes, fittings and apparatus on their premises in proper repair; (c) requiring a gas company to install and maintain meters; (d) notices to be given by persons proposing to perform, performing or completing the performance of any gas fitting work; (e) prescribing the qualifications of persons engaged in gas fitting work; (/) authorising specified officers of a gas company to carry out prescribed tests; (g) prescribing areas for the purposes of Part 4 or this Part; (h) prescribing the standards of quality of gas to be supplied in a prescribed area including standards relating to— (i) heating value and minimum heating value; and (ii) the purity of gas; and (iii) the pressure at which gas is to be supplied; and
2783 Gas Industry Act 1994 s. 102 Act No. 112/1994
(iv) the odour of gas to be supplied in a prescribed area and empowering the Minister to exempt a gas company from those requirements in prescribed circumstances; (/) prescribing the apparatus with which and the methods by which tests are to be made for testing the heating value, purity, nature and concentration of odour and pressure of gas and the methods of recording those tests; (/) prescribing the method and frequency of checking the accuracy of apparatus referred to in paragraph (/); (k) prescribing places and times at which tests referred to in paragraph (/) must be made; (/) requiring a gas company or an authorised officer of a gas company to certify that the tests referred to in paragraph (/) may have been carried out in accordance with the regulations; prescribing the method for calculating any charge for the supply of gas; (n) prescribing the initial life of meters in any meter family; (o) prescribing the apparatus to be used and the tests to be conducted to sample meters in meter families to determine the initial life of meters; (p) requiring a gas company or an authorised officer of a gas company to certify— (i) that any meter test has been conducted in accordance with the regulations; and (ii) that any meter has been sealed in accordance with the regulations; (q) prescribing any other matter or thing relating to the testing, sealing and certifying of meters and the standards of performance of meters and meter systems;
2784 Gas Industry Act 1994 Act No. 112/1994 s. 102
(r) prescribing the procedures to be followed in and the charges to be made for tests carried out under sections 42 to 45; (s) the cutting off and discontinuance of the supply of gas to any premises; (/) the removal from any premises of all or any of the gas fittings or other property of a gas company if the supply of gas is discontinued; (M) the conditions under which a supply of gas may be provided after discontinuance; (v) prescribing the terms and conditions of supply and the method of calculating charges for water supplied by a gas company from bulk hot water installations; (fvv)) prescribing procedures for sending accounts and prescribing the information to be included in accounts; (x) the protection of any gas undertakings, works, gas fittings or property of a gas company and the prevention of any interference with them and generally providing for the safety of persons and property; (y) prescribing penalties not exceeding 5 penalty units for breaches of the regulations; (^^prescribing any matter or thing authorised or required to be prescribed or necessary or convenient to be prescribed for carrying this Act into effect. (2) Regulations made under this Act may be made— (a) so as to apply— (i) at all times or at a specified time; or (ii) throughout the whole of the State or in a specified part of the State; (b) so as to require a matter affected by the regulations to be— (i) in accordance with a specified standard or specified requirement; or
2785 Gas Industry Act 1994 s. 103 Act No. 112/1994
(ii) approved by or to the satisfaction of a prescribed person; (c) so as to incorporate, adopt or apply, wholly or partially or as amended by the regulations, the provisions of any document, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether— (i) as formulated, issued, prescribed or published at the time the regulation is made or at any time before the regulation is made; or (ii) as amended from time to time; (d) so as to confer a discretionary authority on a prescribed person; (e) so as to provide, in a specified case or class of cases for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to the extent specified. (3) Without derogating from the generality of sub-section (1), the regulations may— (a) prescribe or approve the quality and design of materials fittings and apparatus to be used in or in connection with the conveyance of gas; (b) require users of gas conveyance services to keep pipes, fittings and apparatus on their premises in proper repair; (c) prescribe any matter relating to the standards of quality of gas to be conveyed.
PART 10—TRANSITIONAL
103. Annual reports of gas companies for 1994—1995 (1) Despite anything to the contrary in this Act, a gas company must prepare reports and financial 2786 Gas Industry Act 1994 Act No. 112/1994 s. 104
statements for the year ending on 30 June 1995 as if the operations of GFCV or another gas company— (a) for that year; and (b) associated with the property, rights and liabilities of GFCV or another gas company that, as at 30 June 1995, are property and rights vested in, or liabilities that have become liabilities of the gas company under this Act— had been operations of the gas company. (2) GFCV and the gas companies must provide to each other all accounting records, documents and other information necessary to enable the gas companies to prepare reports and financial statements for the year ending on 30 June 1995 in accordance with sub section (1).
104. Annual report of GFCV for 1994-1995 Despite anything to the contrary in Part 7 of the Financial Management Act 1994 or in any other Act or law, GFCV must prepare its reports and financial statements for the year ending on 30 June 1995 as if Part 7 of this Act had come into operation on 1 July 1994.
105. Regulations (1) The Gas and Fuel Corporation (Supply) Regulations 1988 have effect as if made under this Act and the Gas and Fuel Corporation Act 1958 and as if, in those Regulations— (a) a reference to the Gas and Fuel Corporation Act 1958 included a reference to this Act; and (b) a reference to section 73 of the Gas and Fuel Corporation Act 1958 included a reference to section 46 of this Act; and (c) a reference to the Corporation were a reference to GFCV or GASCOR, as the case requires.
2787 Gas Industry Act 1994 s. 106 Act No. 112/1994
(2) The Gas and Fuel Corporation (Gas Installation) Regulations 1992 have effect as if made under this Act and the Gas and Fuel Corporation Act 1958 and as if a reference in those Regulations to the Corporation were a reference to GFCV or GASCOR, as the case requires.
PART 11—AMENDMENT OF GAS AND FUEL CORPORATION ACT 1958
No. 6260. 106. Principal Act Reprinted to No. 29/1988 and In this Part, the Gas and Fuel Corporation Act 1958 subsequently amended by is called the Principal Act. Nos 78/1988, 12/1989, 18/1989, 81/1989, 94/1990, 88/1993, 125/1993 and 130/1993.
107. Amendment of Principal Act (1) In the Principal Act, section 2 is repealed; (2) In section 3 of the Principal Act, for the definition of "gas" substitute— ' "gas" has the same meaning as in the Gas Industry Act 1994; "gas company" has the same meaning as in the Gas Industry Act 1994;'. (3) In section 3 of the Principal Act, sub-section (3) is repealed.
108. New sections 14A and 14B inserted After section 14 of the Principal Act insert— 2788 Gas Industry Act J 994 Act No. 112/1994 s. 108
"14A. Dividends (1) Despite anything to the contrary in this or any other Act or law or in the memorandum or articles of association of the Corporation, the Corporation must pay preference shareholders the dividends to which they are, or would be, if there were profits of the Corporation, entitled from time to time, whether or not from profits of the Corporation and whether or not there are profits of the Corporation. (2) The directors of the Corporation must comply with this section.
14B. Guarantee (1) The payment to the Corporation of amounts to enable it to perform its obligations to preference shareholders under section 14A or any other provision of this Act or the memorandum and articles of association of the Corporation or under any other Act or law, to the extent that funds are not otherwise available to the Corporation, is guaranteed by the Government of Victoria. (2) Any sums required by the Treasurer in fulfilling any liability arising under a guarantee under sub-section (1) shall be paid to the Corporation out of the Consolidated Fund (which is hereby to the necessary extent appropriated accordingly). (3) Any sums received or recovered by the Treasurer from the Corporation or otherwise in respect of sums paid by the Treasurer under a guarantee under this section shall be paid into the Consolidated Fund.".
2789 Gas Industry Act 1994 s. 109 Act No. 112/1994
109. New sections 19, 19A and 19B inserted After section 18 of the Principal Act insert—
"19. Guarantees etc. (1) The Treasurer may, at the request of the Corporation, on behalf of the Government of Victoria, by instrument on such terms and conditions as the Treasurer determines, guarantee, indemnify or otherwise support the performance, satisfaction or discharge of obligations or liabilities of the Corporation, other than an obligation or liability to which section 14B applies.
(2) Any sums required by the Treasurer in fulfilling any liability arising under a guarantee, indemnity or other support by or on behalf of the Government of Victoria provided by or given under this section shall be paid out of the Consolidated Fund, which is hereby to the necessary extent appropriated accordingly.
(3) Any sums received or recovered by the Treasurer from the Corporation or otherwise in respect of sums paid by the Treasurer under a guarantee, indemnity or other support must be paid into the Consolidated Fund.
19A. Gas companies liable to reimburse the State If an amount is paid by the Treasurer under 19, each gas company must pay to the Treasurer for payment into the Consolidated Fund such part of that amount as the Treasurer determines is payable by that company.
2790 Gas Industry Act 1994 Act No. 112/1994
19B. Reimbursement of funds allocated to Corporation (1) If the Treasurer, from money available for the purpose, provides an amount to the Corporation to enable it to carry out its obligations or meet its liabilities, the Treasurer may require each gas company to pay such part of that amount to the Treasurer for payment into the Consolidated Fund as the Treasurer determines is payable by that company. (2) A gas company must comply with a requirement made of it under sub-section (1).".
110. Repeal of certain pro visions In the Principal Act— (a) section 23 is repealed; (b) section 24 is repealed; (c) section 25 is repealed; (d) section 25A is repealed; (e) section 25B (2) is repealed; (/) section 26 is repealed; (g) section 26A is repealed; (h) section 28 is repealed; (0 section 29 is repealed; (/') section 30 is repealed; (k) section 30AA is repealed.
111. New section 30AB inserted After section 30AA of the Principal Act insert—
"30AB. Certain rights deemed to be easements (1) Any easement referred to in section 30AA and any other easement, right or privilege in, over or affecting any land, being an easement, right or privilege to which the Corporation was entitled
2791 Gas Industry Act 1994 s.111 Act No. 112/1994
immediately before the commencement of this section, or becomes entitled on or after that commencement, is deemed to be, and always to have been, an easement vested in the Corporation and appurtenant to the land vested in the Corporation from time to time and to every part of that land. (2) Despite sub-section (1), if an easement referred to in that sub-section— (a) in the instrument which created it, is expressed to be, or is granted as, an easement appurtenant to any land; or (b) is shown in the Register kept under the Transfer of Land Act 1958 as an easement appurtenant to any land— then, if that land or any part of it, is disposed of by the Corporation or vested in or transferred to another person under or in accordance with Part 7 of the Gas Industry Act 1994, the easement becomes and remains appurtenant to the land to which it was expressed to be or was granted as, or is shown to be, appurtenant and not to any other land vested in the Corporation unless— (a) on conveying or transferring that land or part, the Corporation certifies on the conveyance or transfer that the easement is not required for the accommodation of that land or any part of it; or (b) it is expressly provided in a provision of Schedule 2, 3 or 4 of the Gas Industry Act 1994, or of an allocation statement under Part 7 of that Act, being a provision that relates to the easement or the land or any part of it, that the easement is not required for the accommodation of that land or any part of it.".
2792 Gas Industry Act 1994 Act No. 112/1994 s. 112
112. Further amendment of Principal Act In the Principal Act— (a) the heading preceding section 35 is repealed; (b) sections 35, 36 and 38 are repealed; (c) in section 38B, after "regulations" insert "before the commencement of section 112 of the Gas Industry Act 1994"; (d) sections 39, 40, 40A and 41 are repealed; (e) the heading after section 41 is repealed; (/) Part IV is repealed; (g) Divisions 1, 2, 3,4 and 5 of Part V are repealed; (h) sections 96 and 97 are repealed; (0 Division 8 of Part V is repealed; (/) Part VI is repealed; (k) the First Schedule is repealed; (/) the Third Schedule is repealed.
PART 12—CONSEQUENTIAL AMENDMENT OF OTHER ACTS
113. Borrowing and Investment Powers Act 1987 In Schedule 1 to the Borrowing and Investment Powers Act 1987, after item 4 insert— "4A. Gas Transmission 5, 6, 8, 10, 11, 11AA, 11AB, 13, Corporation 14, 14A, 15, 20, 20A and 21. 4B. GASCOR 5,6,8, 10, 11, 11AA, 11AB, 13, 14, 14A, 15, 20, 20A and 21.".
114. Consequential amendments An Act specified in the heading to an item in Schedule 5 is amended, on commencement of that item or a provision of that item, as set out in that item or provision.
950250—13 2793 Gas Industry Act 1994 s. 115 Act No. 112/1994
PART 13—TREASURY CORPORATION OF VICTORIA
115. Certain liabilities under financial obligations ofGFCV (1) The liabilities of GFCV under— (a) the loans numbered 94, 97 and 128 in Schedule 1; and (b) the loan numbered PUB066 in Schedule 3— to the Order made under section 36D of the Treasury Corporation of Victoria Act 1992 on 22 March 1994 and published in the Government Gazette on 26 March 1994, insofar as they are liabilities to the holder registered under GFCV investor No. 869-5054 and loan Nos 1351, 1352, 1361, 1489, 1492, 1502, 1507 and CE07 are deemed— (c) not to have formed part of the liabilities of GFCV that, under that Order, are to be taken to have become liabilities of the Treasury Corporation of Victoria; and (d) to have become liabilities of the Treasury Corporation of Victoria on 21 October 1994 as if an Order to that effect had been made by the Governor in Council under section 36D of that Act and published in the Government Gazette on that date. (2) Amounts paid to the holder referred to in sub-section (1) by the Treasury Corporation of Victoria in respect of the liabilities to that holder referred to in sub-section (1) after 26 March 1994 and before 21 October 1994 are deemed to have been paid to the holder by, and received by the holder from, GFCV.
2794 Gas Industry Act 1994 Act No. 112/1994 Sch. 1
SCHEDULES
SCHEDULE 1 Provisions applying to gas companies 1. Delegation A gas company may, by instrument under its official seal, delegate to— (a) a director; or (b) an officer of the gas company by name or the holder of an office within the gas company; or (c) the members of a committee established by the gas company; or {d) with the consent of the Minister, any other person— any power of the gas company, other than— (e) this power of delegation; and (/) any other power that is prescribed for the purposes of this clause. 2. Board of directors (1) There shall be a board of directors of each gas company consisting of not less than 3, and not more than 7, directors appointed in accordance with this Act. (2) The board of directors of a gas company— (a) is responsible for the management of the affairs of the gas company; and (b) may exercise the powers of the gas company. 3. Constitution of board The board of a gas company shall consist of— (a) a chairperson; (fo) if there is a chief executive officer of the gas company, the chief executive officer; (c) subject to clause 2, such number of general directors as the Minister and Treasurer determine. 4. Appointment of directors (1) The chairperson and other directors of a gas company, other than the chief executive officer, shall be appointed by the Governor in Council, having regard to the expertise necessary for the gas company, to achieve its objectives. (2) The Public Sector Management Act 1992 does not apply to a director of a gas company in respect of the office of director.
2795 Gas Industry Act 1994 Sch. 1 Act No. 112/1994
SCHEDULE I—continued 5. Terms and conditions of appointment (1) A director of a gas company shall be appointed for such term, not exceeding 3 years, as is specified in the instrument of appointment, but is eligible for re-appointment. (2) A director of a gas company holds office, subject to this Act, on such terms and conditions as are determined by the Minister and Treasurer. 6. Chief executive officer (1) The board of a gas company may appoint a person approved by the Minister, after consultation with the Treasurer, as the chief executive officer of the gas company. (2) A chief executive officer of a gas company holds office, subject to this Act, on a full-time basis and on such terms and conditions as are determined by the board of the gas company and specified in the instrument of appointment. (3) The board of a gas company may remove the chief executive officer of the gas company from office. 7. Vacancies, resignations, removal from office (1) The office of a director of a gas company becomes vacant if the director— (a) without the board's approval, fails to attend 3 consecutive meetings of the board of the gas company; or (b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or (c) is convicted of an indictable offence or an offence which, if committed in Victoria, would be an indictable offence. (2) A director of a gas company may resign by writing delivered to the Minister and the Treasurer. (3) The Governor in Council may remove a director, or all directors, of a gas company from office. (4) If a director of a gas company— (a) is convicted of an offence relating to his or her duties as a director; or (b) fails, without reasonable excuse, to comply with clause li the director must be removed from office by the Governor in Council.
2796 Gas Industry Act 1994 Act No. 112/1994 Sch. 1
SCHEDULE 1—continued 8. Validity of decisions (1) An act or decision of the board of a gas company is not invalid merely because of— (a) a defect or irregularity in, or in connection with, the appointment of a director of the gas company; or (b) a vacancy in the membership of the board, including a vacancy arising from the failure to appoint an original director. (2) Anything done by or in relation to a person purporting to act as chairperson or as a director is not invalid merely because— (a) the occasion for the appointment has not arisen; or (b) there was a defect or irregularity in relation to the appointment; or (c) the appointment had ceased to have effect; or (d) the occasion for the person to act had not arisen or had ceased. 9. Proceedings of board (1) Subject to sub-clause (2), meetings of the board of a gas company shall be held at such times and places as the board determines. (2) The chairperson of a gas company may at any time convene a meeting but must do so when requested by a director of the gas company. (3) A majority of the directors for the time being of a gas company constitute a quorum of the board of the gas company. (4) A question arising at a meeting of the board of a gas company shall be determined by a majority of votes of directors of the gas company present and voting on that question and, if voting is equal, the person presiding has a casting, as well as a deliberative, vote. (5) The board of a gas company must ensure that minutes are kept of each of its meetings. (6) Subject to this Act, the board of a gas company may regulate its own proceedings. 10. Resolutions without meetings (1) If the directors for the time being of a gas company (other than a director who is absent from Australia when the other directors sign) sign a document containing a statement that those directors are in favour of a resolution in terms set out in the document, a resolution in those terms shall be taken to have been passed at a
2797 Gas Industry Act 1994 Sch.l Act No. 112/1994
SCHEDULE \—continued meeting of the board held on the day on which the document is signed or, if the directors do not sign it on the same day, on the day on which the last director to sign signs the document. (2) If a resolution is, under sub-clause (1), taken to have been passed at a meeting of the board, each director must be advised as soon as practicable and given a copy of the terms of the resolution. (3) For the purposes of sub-clause (1), two or more separate documents containing a statement in identical terms, each of which is signed by one or more directors, shall be taken to constitute one document. (4) In this clause, "director" in relation to a resolution, does not include a director who, by reason of clause 11, is not permitted to take part in the making of the resolution. 11. Disclosure of interests (1) If- (a) a director of a gas company has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the board of the gas company; and (b) the interest could conflict with the proper performance of the director's duties in relation to the consideration of the matter— the director, as soon as practicable after the relevant facts come to the director's knowledge, must disclose the nature of the interest at a meeting of the board. (2) A disclosure under sub-clause (1) must be recorded in the minutes of the meeting and, unless the Minister or the board otherwise determines, the director— (a) must not be present during any deliberation of the board in relation to the matter; and (b) must not take part in any decision of the board in relation to the matter. (3) For the purpose of the making of a determination by the board of a gas company under sub-clause (2) in relation to a director who has made a disclosure under sub-clause (1), a director who has a direct or indirect pecuniary interest in the matter to which the disclosure relates— (a) must not be present during any deliberation of the board for the purpose of making the determination; and (b) must not take part in the making by the board of the determination.
2798 Gas Industry Act 1994 Act No. 112/1994 Sch.2
SCHEDULE \—continued (4) Sub-clauses (1) and (2) do not apply in relation to a matter relating to the supply of goods or services to the director if the goods or services are, or are to be, available to members of the public on the same terms and conditions.
SCHEDULE 2 Property, rights and liabilities of GFCV transferred to GTC 1. Definitions In this schedule, unless the context otherwise requires: "Functions" means the functions of GFCV in the conveyance of gas in Victoria through transmission pipelines or in the storage of gas and all functions ancillary to the foregoing functions or necessary for the performance of the foregoing functions; "Real Property Interests" means all estates, interests, rights, easements, privileges or benefits in respect of or relating to land, buildings and other structures permanently affixed to land and land covered with water ("real property") including, without limitation, rights arising under any freehold interest, lease, licence, mortgage, covenant, interest protected by covenant, memorandum of understanding in respect of real property or access thereto, agreement to grant an easement and other agreements, arrangements, understandings or undertakings relating to the ownership, use or enjoyment of, access to, or any kind of interest in, real property owned, used or enjoyed by GFCV or to which GFCV is a party. 2. Transmission pipelines The property and rights of GFCV in, and the liabilities of GFCV in relation to transmission pipelines in respect of which there has been issued a licence, or an application made for a licence, under the Pipelines Act 1967 and designed to operate at pressures above 515 kPa including, without limitation:
Licence Number Description 11 Dandenong to Crib Point 13 Dandenong to Highett 14 Highett to West Melbourne
2799 Gas Industry Act 1994 Sch.2 Act No. 112/1994
SCHEDULE 2—continued Licence Number Description
15 Altona to West Melbourne 16 Altona to Derrimut 17 Derrimut to West Melbourne 18 Footscray to Sunshine 19 West Footscray to Williamstown 28 Ring wood to Vermont 33 Dandenong to Edithvale 36 Dandenong to West Melbourne 40 Dandenong to West Melbourne 43 Sale Gas 44 Maffra Gas 47 Dandenong 49 Dandenong to Frankston 50 Morwell to Dandenong 51 Ring wood to Lilydale 54 Fawkner to Coburg 56 Dandenong to West Melbourne 57 Corio to Point Henry 61 Hastings to Tyabb 62 Tyabb to Mornington 64 Fawkner to Craigieburn 66 North Melbourne to Fairfield 67 Maryvale 68 Pakenham 75 Longford to Dandenong 76 Maidstone to Braybrook 77 Croydon to Mooroolbark 78 Brooklyn/Ballarat/Bendigo 79 Altona 80 North Geelong/Fyansford 81 Brooklyn to Corio
2800 Gas Industry Act 1994 Act No. 112/1994 Sch.2
SCHEDULE 2—continued Licence Number Description 82 Sunshine 84 Yarraville 85 Lyndhurst 90 Exford to Melton 91 Warragul 97 Corio 99 Fyans Ford to Waurn Ponds 100 Lilydale 101 Melbourne/Wodonga//S hepparton 102 Wodonga 103 Shepparton 107 Clyde North 108 South Melbourne to Brooklyn 113 Brooklyn to Altona 115 Lysaght Hastings 117 Rosedale to Tyers 120 Longford to Rosedale 121 Tyers to Morwell 122 Derrimut to Sunbury 124 Newport 125 Maryborough 128 Mt. Franklin to Kyneton 129 Dandenong to Princes Highway 131 Mt. Franklin to Bendigo 132 Tatura 134 Ballan to Ballarat 135 Bunyip to Pakenham 136 Tatura to Kyabram 137 Bittern to Dromana 139 Langwarrin to Frankston 141 Pakenham to Wollert
2801 Gas Industry Act 1994 Sch.2 Act No. 112/1994
SCHEDULE 2—-continued
Licence Number Description 142 Rowville 143 Wandong to Kyneton 145 Warrnambool 152 Kyabram to Echuca 155 Allansford to Portland 162 Laverton North to BHPP 164 Bay Street to Unichema 167 Dromana to Rye 168 Cobden
3. Real properly interests (a) The property and rights of GFCV in, or under, and the liabilities (including without limitation, provisions for land contamination) of GFCV in relation to the freehold property described in the certificates of title listed below: Freehold Properties Suburb Address Certificate of Title Vol Fol Allansford Peterborough Road 9678 702 Altona Kororoit Creek Road 9108 648 Beaconsfield Soldiers Road 8116 735 Benalla Midland Highway 9132 487 Berwick Clyde Road 8187 184 Brooklyn Old Geelong Road 7997 044 Brooklyn Old Geelong Road 6362 311 Brooklyn Old Geelong & Jones Roads 9239 873 Brooklyn/Corio B/C 108B 8833 647 Brooklyn/Corio B/C104 5725 895 Brooklyn/Corio B/C 103A, 103B, 107A, 108C 8991 979 Bunyip South Fifteen Mile Road 8115 596 Corio Railway Avenue BC 113 & 114 8930 302
2802 Gas Industry Act 1994 Act No. 112/1994 Sch.2
SCHEDULE 2—continued Suburb Address Certificate of Title Vol Fol Crib Point Cnr. Stony Point & Woolleys 8085 179 Roads 8085 178 7146 094 7185 835 6856 035 4572 256 4337 317 5879 749 8513 687 4261 164 5879 750 4165 984 8429 941 8395 324 4443 553 4261 165 4419 678 5118 500 4373 412 4261 163 4261 162 4557 378 4337 316 4165 985 4825 980 4382 318 4625 823 4337 315 5645 868 4110 886 4559 683 4261 168 7366 113 8553 195 8553 196 4538 403 4313 466 4436 090 7366 114 4419 677 8584 210 7366 115 7287 387 6630 844 5211 123 5211 122 4825 979 8641 080 4592 205 4399 693
2803 Gas Industry Act 1994 Sch.2 Act No. 112/1994
SCHEDULE 2—continued Suburb Address Certificate of Title Vol Fol Crib Point—Cnr. Stony Point & Woolleys Roads— 9358 355 Continued 5563 532 8895 744 8895 745 8919 541 Crib Point Woolleys Road 6198 568 Dandenong Dandenong/Frankston Road 8727 144 Dandenong Ordish Road 9345 365 9307 241 8877 309 9300 994 9300 995 Dandenong Dandenong Creek West 8172 332 Dandenong Dandenong Creek East 8164 501 Dandenong 120 Greens Road (Elgas) 5219 723 Dandenong 150-180 Greens Road 9411 872 Darnum 8187 957 Drouin Main South Road 8185 989 Drouin Lardners Track 8139 991 Euroa Shepparton Road 9210 717 Fitzroy/Northcote Merri Creek 5284 746 Gooding Cnr. Walhalla & Purvis Roads 9813 930 Gooding Walhalla Road 3156 134 9371 051 8085 743 9537 145 9599 757 Gooding Purvis Road 9717 236 Gooding Walhalla Road 9673 849 8769 774 9564 130 9564 131 9564 132 9867 603 Gooding Walhalla Road 9352 247 9347 952 9161 093 9252 940
2804 Gas Industry Act 1994 Act No. 112/1994 Sch.2
SCHEDULE 2—continued Suburb Address Certificate of Title Vol Fol
Gooding Cnr. Walhalla & Purvis Roads 8946 988 Hastings Railway Crescent 8579 314 3914 771 7203 410 8582 087 Hastings Graydens Road 8659 473 9208 079 9268 812 Hazelwood Midland Highway 8145 785 Kyabram McEwens Road 9484 959 Kyneton Lauriston Road 9451 752 Langwarrin 232 Camp Road 8632 481 Lara/Corio Fulham Avenue/Station Road 8919 997 Lara/Corio Grange Road 8223 926 Lara/Corio Station Road 8919 996 8939 873 8037 115 5766 059 8939 741 8919 528 Lara/Corio Princes Highway/Grange Road 5745 806 Lara/Corio Selbourne Road 5745 809 Lara/Corio Orrong Road 8948 817 Lara/Corio Station Road/Orrong Road 8948 818 8948 819 8948 820 8948 821 8948 822 8948 823 Lara/Corio Princes Highway/Selboume Road 8948 815 8948 816 Laverton North Scott Road 9345 753 Maryborough Pyrenees Highway 9418 707 Melton Eynesbury Road 9013 060 Merrigum Burnside Road 9482 889
2805 Gas Industry Act 1994 Sch.2 Act No. 112/1994
SCHEDULE 2—continued Suburb Address Certificate of Title Vol Fol
Moe 166-168 Waterloo Road 8769 583 Moe Moe South Road 8194 528 Morwell Firmins Lane 9526 618 Nar Nar Goon/ 8141 058 Pakenham Narracan/Moe 8123 235 South Narracan/Moe 8180 313 South Narre Warren B632, N742 South General Law Title Northcote Merri Street 5291 113 Pakenham 8111 891 Pakenham Dore Road 9491 111 8864 475 Ringwood Canterbury Road 6808 486 Shepparton Archer Road 9135 094 Tatura Dhurringile Road 9718 030 Trafalgar Williamsons Road 8125 159 Trafalgar Thorpedale Road 8110 933 Tynong Ten Mile Road 8111 240 Wangaratta Whitfield Road 9138 796 Warragul Off Eastwest Road 8192 437 Warragul Bourke & Wills Street 8253 381 8239 611 Warragul Wrights Road 8112 722 Warrenheip/ 8939 397 Ballarat Werribee Lock Avenue 8950 005 Werribee Lock Avenue 8919 344
2806 Gas Industry Act 1994 Act No. J12/1994 Sch.2
SCHEDULE 2—continued
Suburb Address Certificate of Title Vol Fol Werribee Wattle Avenue 8913 049 10172 742 Werribee Chirnside Avenue 8909 208 Werribee Chirnside Avenue 8919 809 Werribee Duncans Road 8903 121 Werribee Duncans Road 8909 154 Werribee Russell Street 8924 153 Werribee Duncans Road 8861 220 Werribee Riverside Avenue 8919 175 Werribee Chirnside Avenue 8939 808 Werribee Riverside Avenue 8909 314 West Melbourne Blyth Street 1016A 076 Wodonga Murray Valley Highway 9153 452 9208 800 Wollert Summerhill Road 9358 198 9366 934 9217 201 Yarragon 8105 297
(b) The property and rights of GFCV in, and the liabilities of GFCV in relation to all leases or licences (including Crown leases or licences) listed below: Properties leased from other Parties
Address Use Commencing Lessor/Address Date and Term of Lease
Avalon Airfield Pipeline 21/06/71 Commonwealth of Australia Annual ACT, Canberra Avalon Airfield Pipeline 01/01/84 Dept. of Admin. Services Annual P O Box 250B, Melbourne Macey Avenue, Pipeline 01/07/91 Melbourne Water Avondale Annual 625 Little Collins St., Heights Melbourne
2807 Gas Industry Act 1994 Sch.2 Act No. 112/1994
SCHEDULE 2—continued Address Use Commencing Lessor/Address Date and Term of Lease
Morley Road, Pipeline 02/06/81 Melbourne Water Broadmeadows Annual 625 Little Collins St., Melbourne Serum Pipeline 01/01/84 Commonwealth of Australia Laboratories, Annual ACT, Canberra Campbellfield Rifle Range, Pipeline 01/03/73 Commonwealth of Australia Castlemaine Annual ACT, Canberra Corio Quay Pipeline 01/07/72 The Geelong Harbour Trust Road, Corio Annual Commissioners, 65 Brougham St., Geelong James Street, Pipeline 09/02/57 Education Department Dandenong Annual Level 13, Rialto Towers, Melbourne Fact. Bl, Office Space 12/12/94 Yarda Sixteen Healey Road, 6 monthly 10 MantonRd., South Dandenong Oakleigh South Fact. B3, Office Space 12/12/94 Yarda Sixteen Healey Road, 6 monthly 10 MantonRd., South Dandenong Oakleigh South Elsternwick Pipeline 01/06/74 City of Brighton Park, Elwood Annual Boxhall Street, Brighton Lt. 2, Pipeline 01/07/71 A C Gyles Femtree Gully Annual 493 Scoresby Rd., Femtree Rd., Gully Femtree Gully Shepherd Pipeline 16/03/66 Port of Melbourne Authority Bridge, Annual 29 Market St., Melbourne Footscray Maribyrnong Pipeline 27/07/60 Port of Melbourne Authority River, Footscray Annual 29 Market St., Melbourne Gordon Street, Pipeline 01/11/68 Australian Defence Industry, Footscray Annual Ammunition and Missiles Division, P O Box 1, Footscray Cranbourne Pipeline 02/04/73 Melbourne Water Road, Annual 625 Little Collins St., Frankston Melbourne
2808 Gas Industry Act 1994 Act No. 112/1994 Sch.2
SCHEDULE 2—continued Address Use Commencing Lessor/Address Date and Term of Lease
Cranbourne Pipeline 02/04/73 Melbourne Water Road, Annual 625 Little Collins St., Frankston Melbourne Tanjil River, Water 12/05/83 Dept. of Conservation & Gooding Licence for Annual Environment Buffer Land 71 Hotham St., Traralgon Cranbourne- Pipeline 05/08/75 Costain Australia Ltd Frankston Rd., Annual 147 Eastern Rd., South Langwarrin Melbourne Forsyth Road, Pipeline 01/07/81 Melbourne Water Laverton Annual 625 Little Collins St., Melbourne Fitzgerald Road, Pipeline 21/06/71 Commonwealth of Australia Laverton North Annual ACT, Canberra South Gippsland Odourisation 01/02/71 Dept. of Conservation & Hwy., Plant Annual Environment Longford 2 Treasury PL, Melbourne Moorabbin Pipeline 01/04/91 Federation Airports Airport 7 Years Corporation First Ave., Moorabbin Airport, Mentone Morwell-Melb. Pipeline 11/01/56 Generation Victoria Pipeline, Annual PO Box 195, Morwell Morwell Melbourne Pipeline 01/03/83 Public Transport Corporation Road, 12 Years Level 10,589 Collins St., Newport Melbourne Melbourne Pipeline 01/05/71 Public Transport Corporation Road, Annual Level 10,589 Collins St., Newport Melbourne Craig Street, Pipeline 05/03/80 Port of Melbourne Authority Newport Annual 29 Market St., Melbourne Yarra Valley Pipeline 01/04/73 Port of Melbourne Authority Crossing, Annual 29 Market St., Melbourne Spotswood Shield Street, Regulator 16/01/80 Dept. of Conservation & Sunbury 20 Years Natural Resources Cnr. Lt. Malop & Fenwick St., Geelong
2809 Gas Industry Act 1994 Sch.2 Act No. 112/1994
SCHEDULE 2—continued
Address Use Commencing Lessor/Address Date and Term of Lease
Yan Yean Pipeline 01/07/83 Melbourne Water Pipetrack, Annual 625 Little Collins St., Thomastown Melbourne Coalville Road, Pipeline 01/07/94 Kenall Nominees Pty Ltd Trafalgar East Annual POBox 134, Churchill Greensborough Pipeline 04/05/59 Commonwealth of Australia Road, Watsonia Annual ACT, Canberra Little Dock Pipeline 27/05/75 Port of Melbourne Authority Road, Annual 29 Market St., Melbourne West Melbourne Siddeley Street, Pipeline 24/06/69 Port of Melbourne Authority West Melbourne Annual 29 Market St., Melbourne Victoria Dock, Pipeline 01/10/62 Port of Melbourne Authority West Melbourne Annual 29 Market St., Melbourne Lot 50, Regulator 01/04/67 State Transport Authority Footscray Road, Annual 589 Collins St., Melbourne West Melbourne Siddeley Street, Regulator 16/11/53 Port of Melbourne Authority West Melbourne Annual 29 Market St., Melbourne
(c) The property and rights of GFCV in, and the liabilities of GFCV in relation to Real Property Interests, other than freehold and leasehold interests, owned, used or enjoyed by GFCV in connection with transmission pipelines or the performance by GFCV of the Functions including without limitation:
(i) All railway crossing licences associated with transmission pipelines described in Paragraph 2 above.
(ii) All easements, rights or privileges of GFCV in relation to the transmission pipelines described in Paragraph 2 above.
All easements, rights or privileges transferred to GTC are appurtenant to the land vested in GTC 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.
2810 Gas Industry Act 1994 Act No. 112/1994 Sch. 2
SCHEDULE 2—continued 4. Contracts The property and rights of GFCV in or under, and the liabilities of GFCV in relation to, any agreement, arrangement or understanding entered into for or in connection with the performance by GFCV of the Functions, including, without limitation, the following contracts: 1. Any agreement whether written, oral or to be implied between GFCV and State Electricity Commission of Victoria (and its successors) relating to gas transportation between those parties and incorporating in whole or in part the terms of the draft agreement dated 20 March 1985; 2. Lease: Dandenong Plant dated 14 May 1993 between GFCV and Elgas Limited ("Elgas"); 3. Option to Sell: Dandenong dated 14 May 1993 between GFCV and Elgas; 4. Sale of Pipeline and Transfer of Easement Agreement dated 14 May 1993 between GFCV and Elgas Reticulation Pty Ltd; 5. Service and Maintenance Agreement for Pipeline dated 14 May 1993 between GFCV and Elgas Reticulation Pty Ltd; 6. Deed of Guarantee dated 14 May 1993 from Elgas in favour of GFCV; and the following contracts:
Expiry Other Party Number Nature of Contract Date 11/03/95 Transfield Pty Ltd 3023 Pipeline construction— Allansford/Paaratte to Cobden 06704/95 Broadvalley Pty Ltd 3026 Pipeline construction— DromanatoRye 13/04/96 Sunstate Pipeline Pty Ltd 3078 Pipeline construction— Codrington to Hamilton 19/04/95 Parkinson Asphalting 3057 Paving and fencing— (Division of Cuja Pty Ltd) Cobden City Gates & Curdievale Offtake 24/03/05 Pipeline Technologists 3080 Pipeline inspection— Codrington to Hamilton 31/01/95 CIG Limited — Liquefaction of Natural Gas Agreement — William J Turner Pty Ltd — Software end use Licence Agreement
2811 Gas Industry Act 1994 Sch.2 Act No. 112/1994
SCHEDULE 2—continued
Expiry Other Party Number Nature of Contract Date
30/06794 Amix Computer Services 483894 Software support 30/06/94 Hewlett Packard 483896 Hardware support — MSS Security Services 452518 Security patrols— Brooklyn CS — MSS Security Services 300050 Security patrols— Healey Road
• — Wormald Security 300049 Security patrols—Longford MSS Security Services 476870 Security patrols— Dandenong City Gate and LNG — Emilsen Enterprises 499796 Water treatment— WollertCS — TNT Air Couriers 461078 Pick up and delivery of LMA documents to DCG — Gippsland Water 300014 Supply of water to Longford — Beneficial Equipment 300045 Lease of NEC ranger system Rental — Dyers Transport 300013 Transportation of water to Longford MS
and the following contracts:
Properties leased to other Parties
Address Use Commencing Other Party Date and Term of Lease
Old Geelong Road, Land 01/11/88 Hans, Schmidt & Partners Brooklyn Monthly 28 Joseph St, North Melbourne Old Geelong Road, Land 01/07/93 H E Deipenau Pty Ltd Brooklyn 4Years&4 73 Victoria St., Brunswick East Months Stony Point Road, Land 01/02/92 Rosebud Farm Pry Ltd Crib Point Quarterly 97 High St, Hastings Woolleys Road, Land 01/10/93 A G Jacques/R Moncrieff Crib Point Quarterly 33 Hamilton St, Bittern Woolleys Road, Land 01/12/94 Winston Sisouw Crib Point Quarterly 2 Merlebay Court, Hastings
2812 Gas Industry Act 1994 Act No. 112/1994 Sch.2
SCHEDULE 2—continued Address Use Commencing Other Party Date and Term of Lease
Ordish Road, Land 01/09/88 P Fitzgerald Pty Ltd Dandenong Quarterly 524 Neerim Rd., Murrumbeena Hammond Road, Land 01/10/79 CIG Dandenong 15 Years 46 Kippax St, Surrey Hills, NSW Ordish Road, House 22/07/91 John Saunders Dandenong Monthly 41 -57 Ordish Rd, Dandenong 120 Greens Road, Elgas 01/07/93 Elgas Ltd Dandenong 99 Years Level 1,10-18 Cliff St, Milsons Point, NSW Ordish Road, Knackery 01/10/93 J & N Saunders Dandenong 4 Years 41-57 Ordish Rd, Dandenong Moe-Walhalla Farm 01/05/90 G A Hasthorpe Road, Gooding 6 Years PO Box 105, Moe Purvis Road, House 06706/92 H Phillips, C Russell & Gooding Weekly L Simmons Purvis Rd, Tamil South Moe-Walhalla Land 01/02/90 M&DWisewould Road, Gooding 6 Years RMB 9330, Wisewould Rd, Willow Grove Moe-Walhalla House — Vacant Road, Gooding Moe-Walhalla House 03/12/93 Helen Schembri Road, Gooding 6 Monthly Cnr. Purvis & Walhalla Rds., Tanjil South Moe-Walhalla Land 18/10/90 GD&JCallanan Road, Gooding Monthly RMB 3020, Purvis Rd, Tanjil South Camp Road, Land 30/06/92 Darek Piorunowski & Langwarrin Annual Eveline Maria Kane Chapel Rd, Moorabbin Waterloo Road, Land 24/10/88 Yvonne McNabb Moe Annual 20 Desmond St., Moe Summerhill Road, Land 01/07/94 J & A Munro Wollert 4 Years 25 Summerhill Rd, Wollert Summerhill Road, Land 01/07/94 Wayne Phillips Wollert 4 Years 169 Hillmartin Rd., Plenty
2813 Gas Industry Act 1994 Sch.2 Act No. 112/1994
SCHEDULE 2—continued 5. Intellectual Property Rights The property and rights of GFCV in, and the liabilities of GFCV in relation to any copyright or knowhow in or in connection with the transmission pipelines or the performance by GFCV of the Functions.
6. Litigation The property of GFCV in, and the rights and liabilities of GFCV in relation to, any current or future claims, causes of action, judgments, orders or awards associated with actions or circumstances arising wholly or substantially in connection with the performance by GFCV of the Functions, excluding liabilities in respect of past or present employees of GFCV. 7. Financial obligations The liabilities of GFCV to and the rights of GFCV against Treasury Corporation of Victoria in respect of the following financial obligations:
Contract Face Maturity Coupon Number Value % Per GFCV Records
100150 11,400,000 30/04/95 13-25
100152 11,000,000 16/12/95 1400 100153 24,300,000 24/03/96 1300
100154 5,000,000 01/07/96 1200
100155 7,000,000 01/07/96 1300
100316 15,130,100 01/10/96 14-50
100224 11,530,000 01/11/96 1600 100230 6,000,000 01/10/97 17-70 100157 10,000,000 15/12/97 17-50
100158 53,875,000 01/09/98 12-50
100334 5,635,900 01/04/99 9-75 100159 10,000,000 01/02/00 12-50 170,871,000
2814 Gas Industry Act 1994 Act No. 112/1994 Sch.3
SCHEDULE 2—continued 8. Other assets The property and rights of GFCV in relation to: (a) All fixed assets recorded as Transmission Assets in the GFCV fixed assets register as at 30/6/94, but not otherwise referred to in this Schedule and not since disposed of. (b) All inventories included in the Current Inventory Valuation Reports as at 30/6/94 relating to Stores 009 and 099. (c) All fixed assets and inventories acquired by GFCV in the /- performance of the Functions subsequent to 30/6/94. 9. Property, rights and liabilities not otherwise allocated The property, rights and liabilities of GFCV owned, used, enjoyed or incurred wholly or substantially in the performance by GFCV of the Functions and which are not specified above, but excluding any liabilities in respect of past or present employees of GFCV.
SCHEDULE 3 Retained property, rights and liabilities of GFCV 1. Land The property and rights of GFCV in and the liabilities of GFCV in relation to the freehold property described: (a) in the following certificates of title: Volume Folio 2414 773 8741 524 and 525 8947 774 2347 245 9374 203 1995 929 6796 179 6288 403 8292 918 8879 124 5572 322 5645 978 3391 124 2727 334
2815 Gas Industry Act 1994 Sch.3 Act No. 112/1994
SCHEDULE 3—continued Volume Folio 1856 027 Crown Allotments 7, 8, 9,10 and 11 only) 8771 108 3291 110 3821 106 2340 989 6935 941 5907 365 6448 476 5944 659 8112 668 7512 120 9478 435 9026 529 9026 530 9026 531 9026 532 9026 533 6136 168 8588 385 8588 386 8771 109 8360 901 8753 889 4046 175 8788 910 (b) in conveyance: Book Number 717 664 64 165
2. Land sold under terms and other contracts The property and rights of GFCV in and the liabilities of GFCV in relation to the freehold property described in the following certificates of title: Volume Folio 8880 951 9966 242 and 244 5692 247 5000 859
2816 Gas Industry Act 1994 Act No. 112/1994 Sen. 3
SCHEDULE 1—continued Volume Folio 4691 126 4834 111 4781 117 6959 613 7310 936 6139 792 7926 080 10158 825 9425 788 8255 220 10154 906 10154 907
together in each case with the property and rights of GFCV in or under and the liabilities of GFCV in relation to or under any agreement, arrangement or understanding entered into for or in connection with the sale by GFCV of that land.
3. Exploration permits The property and rights of GFCV in and the liabilities of GFCV in relation to and under each of the exploration permits numbered Vic PI 1 and Vic PI 1 (v) which have been issued pursuant to the Petroleum (Submerged Lands) Act 1967 (C'th) and the Petroleum (Submerged Lands) Act 1982 (Vic).
4. Litigation and related items (a) All property and rights of GFCV in and liabilities of GFCV in relation to or under: (i) Supreme Court Action No. 2011 of 1994 (F. 4176) and all other claims, causes of action, judgments, orders or awards relating to the subject matter of that action; (ii) the land situated at the corner of Spring and LaTrobe Streets, Melbourne which is described in Certificate of Title Volume 9888 Folio 829; and (iii) the agreements to lease relating to that land dated 13 December 1990 and 29 May 1992.
2817 Gas Industry Act 1994 Sch.3 Act No. 112/1994
SCHEDULE 3—continued (b) All rights and liabilities of GFCV in relation to any future claims, causes of action, judgments, orders or awards where the claim for damages is unspecified or exceeds $500 000 but excluding: (i) all claims, causes of action, judgments, orders or awards set out in paragraph 6 of Schedule 2; and (ii) all claims, causes of action, judgments, orders or awards brought or made in any Magistrates' Court. The rights and liabilities of GFCV in this sub-paragraph include, but are not limited to, claims, causes of action, judgments, orders or awards in relation to heat exchanges assemblies installed in Braemer Wall Furnaces by GFCV as a result of a public awareness programme conducted by GFCV in 1992 and 1993.
5. Environmental All liabilities of GFCV arising from contract, statute, breach of duty, or otherwise for environmental contamination of land other than liabilities relating to land which is to be vested in GTC pursuant to section 65 and in GASCOR pursuant to section 66.
6. Shareholder liabilities All liabilities and rights of GFCV in relation to: (a) any share in the capital of GFCV; and (b) any claim brought by a shareholder of GFCV which relates to that shareholder's holding of shares in the capital of GFCV.
7. Bank accounts All property and rights of GFCV in and liabilities of GFCV in relation to bank account number 634 050 341 held by GFCV at branch number 083 001 of National Australia Bank Limited.
8. Other liabilities All liabilities of GFCV for workers compensation under the Workers Compensation Act 1958. All liabilities of GFCV for alleged asbestos-related illness by persons who previously were in the employment of GFCV at the Morwell Gas Plant.
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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") 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 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 17December 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 oh 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.
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SCHEDULE 4—continued 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). 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.
SCHEDULE 5 Consequential amendments 1. Building Control (Plumbers Gasfitters and Drainers) Act 1981 1.1 In section 85 (1), in the definition of "prescribed authority", after paragraph (a) insert— "(aa) the Gas Transmission Corporation; (ab) GASCOR;" 1.2 In section 88 (1), for paragraph (e) substitute— "(e) one shall be an officer of GASCOR nominated by the chairperson of GASCOR;". 1.3 In section 98A (3), after "regulations made under the Gas and Fuel Corporation Act 1958" insert ", the Gas Industry Act 1994".
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SCHEDULE 5—continued 2. Dangerous Goods Act 1985 In section 9 (e), after "Gas and Fuel Corporation Act 1958 applies" insert "or the transmission, distribution or supply of gas to which the Gas Industry Act 1994 applies". 3. Energy Consumption Levy Act 1982 3.1 In section 5 (1) (e), after "of Victoria" insert ", the Gas Transmission Corporation, GASCOR". 3.2 In section 12, for sub-section (8) substitute— "(8) In sub-section (7), "heating value" has the same meaning as in the Gas and Fuel Corporation (Supply) Regulations 1988.". 4. Essential Services Act 1958 In section 3, for "undertaker under the Gas Act 1969" substitute "the Gas and Fuel Corporation of Victoria, the Gas Transmission Corporation, GASCOR". 5. Historic Buildings Act 1981 In section 3, in the definition of "public authority", after "the Gas and Fuel Corporation of Victoria," insert "the Gas Transmission Corporation, GASCOR,". 6. National Parks Act 1975 In section 3 (2), after "the Gas and Fuel Corporation of Victoria" insert "the Gas Transmission Corporation, GASCOR,". 7. Port of Melbourne Authority Act 1958 In section 100 (2), for paragraph (/) substitute— "(f) the Gas and Fuel Corporation of Victoria, the Gas Transmission Corporation or GASCOR;". 8. Public Authorities (Contributions) Act 1966 8.1 In section 2, for "Gas and Fuel Corporation of Victoria" substitute "GASCOR". 8.2 In section 3(1)— (a) for "Gas and Fuel Corporation of Victoria" substitute "GASCOR"; (b) for "that Corporation" substitute "GASCOR". 9. Public Authorities (Dividends) Act 1983 In section 4 (1), in the definition of "public authority", after paragraph (a) insert— "(aa) the Gas Transmission Corporation; (ab) GASCOR;".
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SCHEDULE 5—continued 10. Shrine of Remembrance Act 1978 In section 8— (a) for "the Gas and Fuel Corporation of Victoria" substitute "GASCOR"; (b) for "the Corporation" substitute "GASCOR". 11. Treasury Corporation of Victoria Act 1992 11.1 In section 36A, in the definition of "public authority", after "Gas and Fuel Corporation of Victoria," insert "the Gas Transmission Corporation, GASCOR,". 11.2 In Schedule 1, after the item relating to the Gas and Fuel Corporation of Victoria insert— "Gas Transmission Corporation Gas Industry Act 1994 GASCOR Gas Industry Act 1994".
NOTES 1. Minister's second reading speech— Legislative Assembly: 16 November 1994 Legislative Council: 2 December 1994 2. 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.". 3. Section headings appear in bold italics and are not part of the Act. (See Interpretation of Legislation Act 1984.)
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