Gas Industry Act 1994 No
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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.