Gas Supply Act 2003

An Act about the transport and supply of processed natural gas, and for other purposes

Long title amd 2006 No. 60 s 59

1Short title

This Act may be cited as the Gas Supply Act 2003.

2Commencement

This Act commences on a day to be fixed by proclamation.

3Main purposes of Act

The main purposes of this Act are to—

(a)promote efficient and economical processed natural gas supply; and

(b)ensure the interests of customers are protected by—

(i)regulating the distribution services for reticulated processed natural gas; and

(ii)providing for the making of relevant distribution network codes.

Note—

This Act also includes provisions about LPG distribution pipelines and LPG distribution systems. See sections 75, 75A, 131A, 258, 289, 295 and 297 to 299.

s 3 amd 2006 No. 60 s 60; 2009 No. 16 s 36

sub 2014 No. 48 s 109

4Gas-related matters to which Act does not apply

(1)This Act does not—

(a)provide for the safety of persons involved in, or who may be affected by, the supply or use of processed natural gas; or

(b)provide for the measurement or quality of processed natural gas; or

(c)regulate gases other than—

(i)processed natural gas; and

(ii)LPG, in relation to LPG distribution pipelines and LPG distribution systems.

(2)This Act provides for access to a distribution pipeline or system only to the extent of the physical connection, or the opening of the connection, to the pipeline or system.

Editor’s note—

For other laws about access to a distribution pipeline or system, see the Gas Pipelines Access Law, the Australian Consumer Law (Queensland) and the Queensland Competition Authority Act 1997.

(3)Other than for chapter 4, this Act does not provide for or regulate transmission pipelines.

s 4 amd 2006 No. 60 s 61; 2014 No. 48 s 110

5Act binds all persons

(1)This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.

(2)However, the Commonwealth or a State can not be prosecuted for an offence against this Act.

5ADeclaration for Commonwealth Act

A distribution authority is declared not to be personal property under the Personal Property Securities Act 2009 (Cwlth).

s 5A ins 2010 No. 44 s 108

sub 2014 No. 48 s 111

6Act does not affect other rights or remedies

(1)Subject to sections 241, 256, 315 and 316, this Act does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise.

(2)Without limiting subsection (1), compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached.

(3)In addition, a breach of an obligation under this Act does not, of itself, give rise to an action for breach of statutory duty or another civil right or remedy.

(4)This Act does not limit a court’s powers under the Penalties and Sentences Act 1992 or another law.

7Definitions

The dictionary in schedule 2 defines particular words used in this Act.

s 7 amd 2006 No. 60 s 58 sch

8Who is the regulator

The chief executive of the department is the regulator.

ch 1 pt 3 div 2 hdg sub 2006 No. 60 s 58 sch

11What is processed natural gas

Processed natural gas is a substance that—

(a)is in a gaseous state at standard temperature and pressure; and

(b)consists of naturally occurring hydrocarbons and other substances; and

(c)is more than half methane; and

(d)has been processed to be suitable for consumption.

12What is a transmission pipeline

A transmission pipeline is a pipeline operated, or to be operated, for the primary purpose of conveying processed natural gas directly to a market after it has been processed, whether or not it is subsequently processed or reprocessed.

s 12 amd 2006 No. 60 s 64

13What is a distribution pipeline

A distribution pipeline is a pipeline that—

(a)transports processed natural gas as—

(i)part of a reticulation system within a processed natural gas market; or

(ii)a single point-to-point pipeline to a specific commercial or industrial facility; and

(b)is not a transmission pipeline.

s 13 amd 2006 No. 60 s 65

14What is a distribution system

(1)A distribution system is a system of distribution pipelines and meters and other equipment used for, or in connection with, the supply of processed natural gas to more than 1 customer within a processed natural gas market.

(2)However, a distribution system does not include—

(a)pipelines connected from the exit point of a meter installed for a customer’s premises; or

(b)appliances or equipment connected to pipelines mentioned in paragraph (a).

s 14 amd 2006 No. 60 s 66

15When processed natural gas is reticulated

Processed natural gas is reticulated if it is supplied by way of a distribution pipeline.

s 15 amd 2006 No. 60 s 67

16Customers and their types

(1)A customer is a person who receives, or wants to receive, reticulated processed natural gas.

(2)However, a receiver is only a customer if the receiver’s premises has a processed natural gas installation that, to the reasonable satisfaction of the distributor whose distribution area includes the premises, is capable of receiving supply directly from a distribution system.

(3)A small customer is a person who is—

(a)a small customer, for gas, under the NERL (Qld), section 5(2); or

(b)an excluded customer to whom processed natural gas may be sold for premises only by an exempt seller and—

(i)who purchases processed natural gas from the exempt seller principally for personal, household or domestic use at premises; or

(ii)who consumes energy at premises below the upper consumption threshold applying under the NERL (Qld), section 6.

(4)An excluded customer is a person whose premises are located in—

(a)the Maranoa distribution area; or

(b)the Western Downs distribution area.

(5)In this section—

Maranoa distribution area means the distribution area described in the distribution authority held by the Maranoa Regional Council.

Western Downs distribution area means the distribution area described in the distribution authority held by the Western Downs Regional Council.

s 16 sub 2006 No. 60 s 68

amd 2014 No. 48s 112

19What are customer connection services

(1)A person provides customer connection services to premises by—

(a)either—

(i)if the premises are not already connected to a distribution pipeline or system—physically connecting the premises to the pipeline or system; or

(ii)if the premises are already connected to a distribution pipeline or system—opening a physical connection to the pipeline or system to allow reticulated processed natural gas to be transported to the premises by way of the pipeline or system; and

(b)leaving the connection open to allow processed natural gas to be transported to the premises by way of the pipeline or system.

(2)The provision of customer connection services does not include the transportation of processed natural gas.

s 19 amd 2006 No. 60s 69

21What are a distribution authority and distribution area

A distribution authority authorises its holder to—

(a)transport processed natural gas through a distribution pipeline or system within a stated area (distribution area); and

(b)provide customer connection services to premises in the area.

s 21 amd 2006 No. 60s 71

sub 2014 No. 48s 114

22Distributors and references to distributors

(1)The distributor for—

(a)a distribution authority—is its holder; or

(b)a customer—is the person who holds a distribution authority and provides customer connection services to the customer; or

(c)premises—is the person who holds a distribution authority and provides customer connection services to a customer at the premises; or

(d)gas infrastructure is—

(i)if the infrastructure is the subject of a distribution authority—the person who holds the authority; or

(ii)if the infrastructure is an LPG pipeline or LPG distribution system—the LPG distributor who owns or operates the pipeline or system; or

(e)a distribution officer—is the distributor or LPG distributor that appointed the officer.

Note—

For when a distribution authority is required, see section 286. See also section 72.

(2)Otherwise, a reference to a distributor is a reference to a person who holds a distribution authority.

s 22 amd 2006 No. 60s 72

ch 2 hdg amd 2006 No. 60s 75

27Who may apply for distribution authority

(1)A person may, in the approved form, apply to the regulator for a distribution authority.

(2)However, a retailer can not apply for a distribution authority to provide customer connection services relating to processed natural gas to be transported through a pipeline if the retailer sells processed natural gas transported through a covered pipeline.

Note—

See also sections 41 and 57.

28Requirements for application

The application must—

(a)describe the distribution area for the distribution authority; and

(b)be accompanied by the fee prescribed by regulation.

s 28 amd 2005 No. 51s 15; 2006 No. 60s 76; 2014 No. 48s 117

29Public notice by regulator and submissions

(1)This section does not apply if the applicant holds a corresponding authority for the distribution authority.

(2)Before deciding the application, the regulator must—

(a)publish in a Statewide newspaper a notice stating each of the following—

(i)that an application for a distribution authority has been made;

(ii)the applicant’s name;

(iii)a period of at least 20 business days during which anyone may make written submissions to the regulator about the application;

(iv)where the application, other than any part of the application that is RTI excluded information, may be inspected; and

(b)consider written submissions about the application made to the regulator within the stated period.

s 29 amd 2005 No. 51s 16; 2009 No. 13s 213sch 5; 2014 No. 48s 118

31Deciding application

(1)The regulator must decide whether to grant or refuse the application.

(2)If the regulator decides to grant the application, the regulator may impose conditions on the distribution authority the regulator considers appropriate.

Note—

See also division 2.

s 31 amd 2005 No. 51s 18

32Criteria for deciding application

(1)The regulator may decide to grant the application only if satisfied the applicant is a suitable person to hold the distribution authority.

(2)For subsection (1), the regulator may consider any of the following (the suitability criteria), to the extent they are relevant to the applicant’s competence to hold the distribution authority—

(a)ability to provide an adequate level of customer connection services;

(b)financial capacity;

(c)commercial and other dealings and the standard of honesty and integrity shown in the dealings;

(d)failure to perform contractual or statutory obligations and the reasons for the failure;

(e)criminal history;

(f)technical expertise;

(g)knowledge of, or experience in, the gas or energy industries;

(h)if the applicant is a corporation—the matters mentioned in paragraphs (a) to (g) for persons who are executive officers of, or substantial shareholders in, the corporation.

(3)However, the regulator may, without regard to any of the suitability criteria, decide the applicant is a suitable person to hold the distribution authority if the applicant holds a corresponding authority.

(4)In deciding the application, the regulator must consider any relevant government policies about energy issues.

34Term of authority

(1)This section applies if the regulator decides to grant the application.

(2)The regulator may decide to grant the authority for a stated term.

(3)If no term is decided for a distribution authority, it continues in force unless cancelled or surrendered under this part.

s 34 amd 2005 No. 51s 20

35Notice of decision to grant application

(1)If the regulator decides to grant the application, the regulator must, as soon as practicable, give the applicant notice (decision notice) stating each of the following—

(a)the decision;

(b)the conditions the regulator has decided to impose on the authority;

(c)any other matter relevant to the grant of the authority;

(d)a period after the giving of the decision notice for the applicant to give the regulator notice (acceptance notice) that the applicant agrees to the conditions, or the conditions with changes to which the regulator has agreed;

(e)the application will be taken to have lapsed unless the applicant gives acceptance notice within the period or later period as extended by the regulator.

(2)The stated period must end at least 20 business days after the applicant is given the decision notice.

(3)The regulator may, by notice to the applicant given before the stated period ends, extend the period for giving an acceptance notice.

36Lapsing of application if conditions not accepted

The regulator is taken to have decided to refuse the application if—

(a)the regulator has given the applicant a decision notice; and

(b)the applicant has not given the regulator an acceptance notice within the period stated in the notice, or if the regulator has extended the period for giving an acceptance notice, the extended period.

37Issue and public notice of authority

(1)This section applies if the applicant gives the regulator an acceptance notice within the period stated in the notice, or if the regulator has extended the period for giving an acceptance notice, the extended period.

(2)The regulator must, as soon as practicable—

(a)issue the applicant the distribution authority; and

(b)publish a notice about the authority in a Statewide newspaper.

(3)The notice must state—

(a)that the applicant has been issued a distribution authority; and

(b)the authority’s distribution area; and

(c)the conditions of the authority, or where they may be inspected.

s 37 amd 2005 No. 51s 21; 2014 No. 48s 119

38Information notice about refusal

If the regulator decides to refuse the application, the regulator must, as soon as practicable, give the applicant an information notice about the decision.

39Operation of div 2

(1)This division imposes conditions on each distribution authority that apply as well as any conditions stated in the authority.

(2)If an imposed condition conflicts with a condition stated in the authority, the imposed condition prevails to the extent of the inconsistency.

(3)As well as imposing a condition, section 43 also imposes a penalty.

40General conditions

A distributor must—

(a)take appropriate account of the environmental effects of activities carried out under the distributor’s distribution authority; and

(b)pay amounts required to be paid under the authority or this Act; and

(c)in carrying out activities under the authority, comply with this Act, the Petroleum and Gas (Production and Safety) Act and all other relevant laws; and

(d)in carrying out gas infrastructure work, comply with part 2.

s 40 amd 2004 No. 25s 970

41Ring fencing requirement

A distributor must not sell processed natural gas transported through a pipeline if the distributor provides customer connection services relating to processed natural gas transported through a covered pipeline.

Note—

See also sections 27 and 57.

42Obligation to operate and maintain distribution pipes

(1)This section imposes obligations on a distributor for each distribution pipeline the subject of the distributor’s distribution authority.

(2)If, under this Act or another Act, someone else is entitled to have the distributor transport processed natural gas through the pipeline, the distributor must operate, maintain and protect the pipeline to ensure the transportation is adequate, reliable and safe.

(3)Otherwise, the distributor must ensure the pipeline is operated and maintained and protected so that it is able to be used for the adequate, reliable and safe connection, transport and sale of processed natural gas.

(4)In this section—

maintain includes repair and replace as necessary.

s 42 amd 2006 No. 60s 77

43Restriction for distributors

A distributor must not provide customer connection services to a customer outside the distribution area of the distributor’s distribution authority unless the services are provided under another distribution authority.

Maximum penalty—500 penalty units.

s 43 amd 2014 No. 48s 120

46Standard for distribution pipes

A distributor must ensure each distribution pipe, or each distribution pipeline in a distribution system, the subject of the distributor’s distribution authority is built in a way that complies with the Petroleum and Gas (Production and Safety) Act and any other relevant Act.

s 46 amd 2004 No. 25s 971

47Inquiry practices and procedures

(1)A distributor must establish and maintain appropriate practices and procedures to allow inquiries by customers and the public to be addressed or appropriately responded to within 5 business days.

(2)For subsection (1) an appropriate response means giving the inquirer notice or telling the inquirer—

(a)the work that needs to be done to address the inquiry; and

(b)the period needed to address it.

48Contingency practices and procedures

(1)A distributor must establish and maintain appropriate practices and procedures to manage the prompt and efficient handling of all of the following reported to the distributor by anyone—

(a)emergency incidents;

(b)gas leakages;

(c)processed natural gas outages;

(d)faults and difficulties in the distributor’s gas infrastructure;

(e)unplanned interruptions to processed natural gas transport;

(f)other situations relevant to the distributor that relate to safety.

(2)A distributor must have a telephone number at which customers can report to the distributor matters mentioned in subsection (1)—

(a)at any time; and

(b)for the cost of a local telephone call.

(3)Each account of the distributor must include the number.

(4)The number may be the number of a relevant retailer from which the call is transferred to the distributor.

(5)An automated answering telephone service complies with subsection (2) only if it provides for the transfer of calls to a human being.

(6)Subsections (3) and (4) do not apply to a distributor within the meaning of the NERL (Qld).

s 48 amd 2006 No. 60s 78; 2014 No. 48s 121

49Compliance with contingency supply plan requirements

A distributor must comply with chapter 4, part 2.

50Participation in retailer of last resort scheme

A distributor must comply with the retailer of last resort scheme to the extent it applies to the distributor.

50ACompliance with distribution network codes

A distributor must comply with any distribution network code that applies to the distributor.

s 50A ins 2006 No. 60s 79

amd 2014 No. 48s 183sch 1

50BMembership of energy ombudsman scheme

A distributor must pay any amount that, under the Energy and Water Ombudsman Act 2006, it must pay the energy and water ombudsman.

s 50B ins 2006 No. 60s 79

amd 2010 No. 53s 258sch 2

51Conditions imposed under a regulation

(1)A distributor must comply with—

(a)any conditions prescribed under a regulation for, or relating to, the provision of customer connection services; or

(b)any code, intergovernmental agreement, protocol or other agreement prescribed under a regulation.

(2)A code or agreement may be prescribed only if it relates to the provision of customer connection services.

52Amendments for which proposed action notice is not required

The regulator may amend a distribution authority at any time by giving the distributor notice of the amendment and recording particulars of the amendment in the register of authorities if the amendment—

(a)is to correct a clerical or formal error; or

(b)does not affect the interests of the distributor or anyone else and the distributor has, in writing, agreed to the amendment.

s 52 amd 2005 No. 51s 23; 2006 No. 60s 58 sch

53Amendments for which proposed action notice is required

The regulator may amend a distribution authority if—

(a)the regulator considers the amendment necessary or desirable; and

(b)the procedure under subdivision 5 is followed.

54Imposed condition can not be amended

The regulator can not amend a condition of a distribution authority imposed under division 2.

55Applying for amendment

(1)A distributor may, in the approved form, apply to the regulator to amend its authority in a stated way, other than to amend a condition imposed under division 2.

(2)The application must be accompanied by the fee prescribed under a regulation.

(3)Subsection (1) does not limit section 69(3).

s 55 amd 2005 No. 51s 24

56Deciding application

(1)The regulator must decide to make or refuse to make the amendment.

(2)If the decision is to make the amendment, the regulator must, as soon as practicable, make the amendment to the distribution authority and give the applicant notice of the decision.

(3)If the decision is to refuse to make the amendment, the regulator must, as soon as practicable, give the applicant an information notice about the decision.

57Conditions for amendment, cancellation or suspension

(1)The regulator may amend, cancel or suspend a distribution authority if—

(a)an event mentioned in subsection (2) has happened; and

(b)either—

(i)for immediate suspension—the procedure under section 58 is followed; or

(ii)for cancellation or suspension other than immediate suspension—the procedure under subdivision 5 is followed.

(2)For subsection (1), the event is that the distributor—

(a)obtained the authority because of a materially false or misleading declaration or representation, made orally or in writing; or

(b)is, or is likely to become, unsuitable to hold, or continue to hold, the authority, including, for example because of a contravention of any of the following by the distributor or, if the distributor is a corporation, any executive officer of, or substantial shareholder in, the corporation—

(i)this Act;

(ii)the Petroleum and Gas (Production and Safety) Act or another relevant Act;

(iii)a direction given under this Act, the Petroleum and Gas (Production and Safety) Act or another relevant Act;

(iv)the authority;

(v)a distribution network code, in a material way;

Note—

For criteria for deciding a material contravention, see section 270Q.

(vi)the gas retail market procedures if AEMO decides under the National Gas (Queensland) Law, section 91MB, the contravention is a material breach of the procedures; or

(c)has contravened, or is contravening, section 41; or

(d)has used the authority for a purpose other than for a purpose for which it was issued.

(3)In deciding whether the distributor is a suitable person to hold, or continue to hold, the authority the regulator must have regard to the suitability criteria.

s 57 amd 2004 No. 25s 972; 2006 No. 60s 80; 2009 No. 16s 37; 2014 No. 48s 183sch 1

58Immediate suspension

(1)The regulator may, by notice (suspension notice) to the distributor, immediately suspend a distribution authority if the regulator reasonably believes—

(a)a ground exists to suspend or cancel the authority; and

(b)the circumstances are so extraordinary that it is imperative to immediately suspend the authority to control or prevent—

(i)a significant adverse economic or social impact on the State or a part of the State; or

(ii)a danger to the public.

(2)The suspension notice must—

(a)state each of the following—

(i)that the authority is suspended immediately;

(ii)the grounds for the suspension;

(iii)the facts and circumstances forming the basis for the grounds;

(iv)the suspension period;

(v)that the distributor may make written submissions to the regulator to show why the suspension should end; and

(b)include, or be accompanied by, an information notice about the decisions to give the notice and to fix the suspension period.

(3)The suspension period must not be more than 40 business days.

(4)The suspension has effect immediately after the distributor is given the suspension notice.

(5)The authority is ineffective during the suspension period.

59Application of sdiv 5

This subdivision applies if—

(a)under section 53, the regulator proposes to amend a distribution authority; or

(b)the regulator proposes to cancel or suspend a distribution authority, other than an immediate suspension under section 58.

60Notice of proposed action

(1)The regulator must give the distributor a notice stating each of the following—

(a)the action (the proposed action) the regulator proposes to take under this division;

(b)the grounds for the proposed action;

(c)the facts and circumstances that are the basis for the grounds;

(d)if the proposed action is to amend—the proposed amendment;

(e)if the proposed action is to suspend—the proposed suspension period;

(f)that the distributor may make, within a stated period, written submissions to show why the proposed action should not be taken.

(2)The stated period must end at least 20 business days after the notice is given.

s 60 amd 2014 No. 48s 122

61Considering submissions

(1)The regulator must consider any written submission made under section 60 by the distributor within the period stated in the notice.

(2)If the regulator at any time decides not to take the proposed action, the regulator must, as soon as practicable, give the distributor notice of the decision.

62Decision on proposed action

If, after complying with section 61, the regulator still believes a ground exists to take the proposed action, the regulator may decide to—

(a)if the proposed action was to amend—make the amendment; or

(b)if the proposed action was to suspend for a stated period—suspend for no longer than the proposed suspension period; or

(c)if the proposed action was to cancel—

(i)cancel the distribution authority; or

(ii)suspend it for a stated period.

63Notice and taking of effect of proposed action decision

(1)The regulator must, as soon as practicable after making a decision under section 62, give the distributor an information notice about the decision.

(2)The decision takes effect on the later of the following—

(a)the day the information notice is given;

(b)a later day of effect stated in the notice.

(3)However, if the decision was to amend, cancel or suspend because of a conviction, the amendment, cancellation or suspension—

(a)does not take effect until—

(i)the period to appeal against the conviction ends; and

(ii)if an appeal is made against the conviction—the appeal is finally decided or is otherwise ended; and

(b)has no effect if the conviction is quashed on appeal.

64Applying for renewal

(1)This section applies to a distribution authority that is issued for a term.

(2)The distributor may apply to the regulator to renew the authority for a stated term or to renew it without a term.

(3)An application under this section—

(a)must be made in the approved form and accompanied by the fee prescribed under a regulation; and

(b)can not be made if the authority has ended.

s 64 amd 2005 No. 51s 25

65Deciding renewal application

(1)The regulator must decide whether to grant or refuse the application.

(2)Division 1 (other than section 27) applies to the application as if it were an application for the authority.

66Continuing effect of authority for renewal application

If the term of the distribution authority ends before the application is decided, despite the ending of the term, the authority continues in force until—

(a)the start of any renewal of the authority; or

(b)the applicant is given an information notice about a decision to refuse the application; or

(c)the application is withdrawn; or

(d)the authority is cancelled under this Act.

67Transfer only by application

(1)A distribution authority may be transferred only under this subdivision.

(2)A purported transfer of a distribution authority not made under this subdivision is of no effect.

Note—

See also section 301.

68Applying for transfer

(1)A distributor may apply to the regulator to transfer the distributor’s authority.

(2)The application must be—

(a)in the approved form; and

(b)made by the distributor and the proposed transferee; and

(c)accompanied by the fee prescribed under a regulation.

69Deciding transfer application

(1)The regulator may decide to grant the application only if the regulator is satisfied the proposed transferee is a suitable person to hold the authority.

(2)For subsection (1), the regulator may consider any suitability criteria to the extent it is relevant to the proposed transferee’s competence to hold the distribution authority.

(3)The regulator may, in granting the application, impose conditions on the authority.

(4)If the regulator decides to refuse the application or impose a condition on the authority, the regulator must, as soon as practicable, give the applicants an information notice about the decision.

(5)Subsection (4) does not apply for a condition that is the same, or is to the same effect, as a condition agreed to or requested by the applicants.

70Mortgage of distribution authority

A distributor may mortgage the distributor’s distribution authority without the approval of, or notice to, the regulator.

71Notice of intention to exercise powers under mortgage

(1)This section applies if a mortgage has been granted over a distribution authority and the distributor has defaulted under the mortgage.

(2)The mortgagee may exercise its powers under the mortgage only if the mortgagee has given the regulator at least 20 business days notice of the mortgagee’s intention to exercise powers under the mortgage that relate to the authority.

(3)Any purported exercise of a power under the mortgage relating to the authority in contravention of subsection (2) is of no effect.

72Consequence of exercising powers under mortgage

If a mortgagee under a mortgage over a distribution authority exercises any power under the mortgage relating to the authority, this Act applies to the mortgagee as if the mortgagee were the distributor under the authority.

73Surrenders

(1)A distributor may surrender its authority only if the regulator has, on the distributor’s application, approved the surrender.

(2)The application must be in the approved form and accompanied by the fee prescribed under a regulation.

(3)The regulator—

(a)may impose conditions on giving the approval; and

(b)must fix a time, no later than 6 months after deciding the application, for the surrender to take effect.

(4)If the regulator decides to refuse the application or impose a condition on the surrender, the regulator must, as soon as practicable, give the applicant an information notice about the decision.

(5)Subsection (4) does not apply for a condition that is the same, or is to the same effect, as a condition agreed to or requested by the applicant.

75What is gas infrastructure and gas infrastructure work

(1)Gas infrastructure is the whole or any part of—

(a)a distribution pipeline or system the subject of a distribution authority; or

(b)an LPG distribution pipeline; or

(c)an LPG distribution system.

(2)Gas infrastructure work is the installation, operation, maintenance, repair, alteration or removal of gas infrastructure.

(3)For subsection (2), installation includes installation by way of excavation.

s 75 amd 2006 No. 60s 82

75AReferences to distributor in pt 2 includes a reference to LPG distributor

In this part, a reference to a distributor includes a reference to an LPG distributor.

s 75A ins 2006 No. 60s 83

76What is a public entity

A public entity is—

(a)a government entity under the Government Owned Corporations Act 1993, section 4; or

(b)a local government.

77Publicly controlled places and their public entities

(1)A publicly controlled place is—

(a)a State-controlled road under the Transport Infrastructure Act 1994; or

(b)a place for which a public entity is responsible that—

(i)the public is entitled to use; or

(ii)is open to members of the public; or

(iii)is used by the public, whether or not on payment of money.

(2)However, publicly controlled place does not include any of the following under the Transport Infrastructure Act 1994—

(a)busway land;

(b)light rail land;

(c)a railway;

(d)rail corridor land.

Note—

For provisions relevant to gas infrastructure works for places mentioned in subsection (2), see the Transport Infrastructure Act 1994, chapter 6, chapter 9, part 4, divisions 4 and 5 and chapter 10, part 4, divisions 3 and 4.

(3)The public entity for a publicly controlled place is the public entity immediately and primarily responsible for the place.

78Right to carry out work on publicly controlled place

Subject to sections 79 and 88 and subdivision 2, a distributor may carry out gas infrastructure work on a publicly controlled place.

s 78 amd 2006 No. 60s 84

79Requirements for carrying out work

(1)A distributor may carry out gas infrastructure work on a publicly controlled place only if—

(a)the public entity has given its written approval for the carrying out of the work; or

(b)the carrying out of the work is necessary because of an emergency.

(2)If the work is carried out because of an emergency, the distributor must, as soon as practicable, give the entity notice of the work.

80Obtaining public entity’s approval

(1)The distributor may, in writing, apply to the public entity for approval to carry out the gas infrastructure work.

(2)The application must—

(a)describe the work and how it is proposed to be carried out; and

(b)give particulars of where it is to be carried out; and

(c)be supported by other relevant information, reasonably required by the entity, to enable it to consider the application.

(3)The entity must, within 30 business days after receiving the information mentioned in subsection (2)(c), decide to grant or refuse the approval.

(4)The entity must not unreasonably refuse to grant the approval.

81Conditions of approval

(1)The public entity may impose conditions on the approval it considers are reasonable.

Example of a possible condition—

a condition that, to minimise interference with public access to the place, the work may be carried out only on stated days or at stated times

(2)However, a condition about an alignment for gas infrastructure on, or proposed to be built on, a road must ensure the alignment is—

(a)situated to ensure reasonable protection for the infrastructure; and

(b)if practicable, on the footpath or verge of the road.

82Application of sdiv 2

This subdivision applies if a distributor is carrying out gas infrastructure work on a publicly controlled place.

83Guarding

(1)This section applies if the distributor has opened or broken up (the interference) the place, or any part of the place.

(2)The distributor must, at all times while the interference continues, ensure—

(a)the interference is barricaded and guarded; and

(b)signs and lights sufficient to warn and guide the public are set up and maintained against or near the interference.

(3)If required by the public entity, the distributor must also set up and maintain against or near the interference additional warning or protection devices to safeguard the public while the interference continues.

(4)The requirement may be made—

(a)before or during the carrying out of the work; and

(b)as well as any condition imposed under section 81.

84Warning signs on roads

If the work is carried out on a road, lights and signs set up or maintained to safeguard the public must be the appropriate official signs under the Transport Operations (Road Use Management) Act 1995.

85General obligations in carrying out work

(1)The distributor must—

(a)complete the work as soon as practicable; and

(b)restore, as nearly as practicable, the relevant part of the place to the condition it was in before the work started; and

(c)remove any rubbish or surplus earth caused by the work; and

(d)comply with—

(i)conditions the public entity has imposed on any approval it has given to carry out the work; and

(ii)any relevant provisions of the Petroleum and Gas (Production and Safety) Act and any other relevant law.

(2)If, in carrying out the work, the distributor causes damage to the place, the distributor must fix the damage as soon as practicable.

s 85 amd 2004 No. 25s 973

86Maintenance

(1)This section applies if the distributor has opened or broken up the place or any part of it and has, under section 85, restored the place or part.

(2)The distributor must carry out maintenance to ensure the place or part is kept in good repair until the later of the following periods to end—

(a)the period that ends 3 months after the restoration was finished;

(b)if, because of the carrying out of the work or the restoration, the ground at the place or part subsides within the 3 months, the period that ends on the earlier of the following—

(i)the day the subsidence ends;

(ii)the first anniversary of the day the restoration was finished.

(3)The maintenance must be carried out in the way agreed between the public entity and the distributor.

87Power to give work direction

(1)This section applies if—

(a)a distributor is carrying out, or has carried out, gas infrastructure work on a publicly controlled place; and

(b)the public entity reasonably considers work should be, or should have been, carried out to ensure compliance with a condition imposed under section 81 or an obligation under subdivision 2.

(2)The entity may give the distributor a notice (a work direction) directing the distributor to carry out stated work to comply with the condition or obligation within a stated reasonable period.

(3)The work direction must—

(a)identify the condition or obligation; and

(b)include, or be accompanied by, an information notice about the decision to give the direction.

88Compliance with work direction

(1)A distributor to whom a work direction has been given must comply with the direction to the reasonable satisfaction of the public entity that gave the direction.

(2)If the distributor does not comply with subsection (1), the entity may carry out the relevant work.

(3)In carrying out the work, the entity must comply with any relevant provisions of the Petroleum and Gas (Production and Safety) Act and any other relevant law.

s 88 amd 2004 No. 25s 974

89Costs of carrying out directed work

(1)A distributor to whom a work direction has been given must bear the costs of complying with the direction.

(2)If, under section 88(2), the public entity has carried out the relevant work, it may recover from the distributor as a debt the amount of its reasonable costs of carrying out the work.

90Application of div 3

This division applies if a public entity for a publicly controlled place proposes to do work (public entity work) that is likely to affect the safety, location or operation of gas infrastructure.

91Requirement to consult if gas infrastructure affected

(1)The public entity must give the distributor for the gas infrastructure a notice stating—

(a)details of the proposed public entity work; and

(b)that the distributor may, within a stated period, make written submissions to the entity about the proposal.

(2)The stated period must not end before 30 business days after the notice is given.

(3)Before deciding to make the change, the entity must consider any written submission made by the distributor within the stated period.

92Power to require consequential work

(1)This section applies if—

(a)the public entity has complied with section 91; and

(b)to carry out the public entity work, it is reasonably necessary for any of the following work to be done (consequential work)—

(i)changing the position of the gas infrastructure;

(ii)carrying out other work in relation to the gas infrastructure.

(2)The entity may, by notice (a consequential work requirement), require the distributor to do the consequential work within a stated reasonable period.

93Compliance with consequential work requirement

(1)A distributor of whom a consequential work requirement has been made must comply with the requirement to the reasonable satisfaction of the public entity that made the requirement.

(2)If the distributor does not comply with subsection (1), the entity may carry out the relevant consequential work.

(3)In carrying out the work, the entity must comply with any relevant provisions of the Petroleum and Gas (Production and Safety) Act and any relevant law.

s 93 amd 2004 No. 25s 975

94Costs of carrying out required consequential work

(1)A public entity must bear the costs of complying with any consequential work requirement it makes.

(2)If the relevant distributor has complied with section 93(1), the distributor may recover from the entity as a debt the amount of the distributor’s reasonable costs of carrying out the work.

95Application of div 4

This division applies if gas infrastructure on a publicly controlled place interferes with the use of the place by the public entity or the public.

96Remedial action by public entity in emergency

If, because of an emergency, it is necessary to take action (remedial action) to ensure the gas infrastructure ceases to interfere with the use of the place, the public entity may take the remedial action.

97Power to require remedial action

The public entity may, by notice (a remedial action requirement), require the distributor for the gas infrastructure to take remedial action within a stated reasonable period.

98Compliance with remedial action requirement

(1)A distributor of whom a remedial action requirement has been made must comply with the requirement to the reasonable satisfaction of the public entity that made the requirement.

(2)If the distributor does not comply with subsection (1), the entity may take the relevant remedial action.

(3)In taking the remedial action, the entity must comply with any relevant provisions of the Petroleum and Gas (Production and Safety) Act and any other relevant law.

s 98 amd 2004 No. 25s 976

99Costs of taking required remedial action

(1)A public entity must bear the costs of complying with any remedial action requirement it makes.

(2)If the relevant distributor has complied with section 98(1), the distributor may recover from the entity as a debt the amount of the distributor’s reasonable costs of taking the action.

100Ownership of gas infrastructure that becomes part of land

(1)Gas infrastructure owned by a distributor remains the distributor’s personal property despite—

(a)it becoming part of any land; or

(b)the sale or other disposal of the land.

(2)However, subsection (1) ceases to apply if the distributor agrees that the gas infrastructure is no longer the distributor’s property.

(3)This section applies despite—

(a)an Act or law of a State; or

(b)a contract, covenant or claim of right under a law of a State.

(4)This section ceases to apply if—

(a)the distribution authority is cancelled or otherwise ends; or

(b)the land on which the infrastructure is situated ceases to be land subject to, or in the distribution area of, the authority.

(5)For subsection (4), if the term of the authority ends but, under section 66, it is continued in force, the authority only ends if, under that section, it stops being in force.

101Compensation

(1)This section applies if a person (the claimant) suffers a cost, damage or loss because of the exercise, or purported exercise, of a power under this part by a distributor.

(2)Compensation for the cost, damage or loss is payable by the distributor to the claimant.

(3)The compensation may be claimed and ordered in a proceeding brought in a court of competent jurisdiction.

102Application of pt 3

This part applies to a distributor in relation to the distributor’s gas infrastructure that is not a distribution system under the NERL (Qld).

s 102 amd 2005 No. 51s 26

sub 2014 No. 48s 123

103Who may apply for customer connection services

(1)Each person as follows may apply to a distributor for the provision of customer connection services to premises within the distributor’s distribution area—

(a)a person who owns or occupies the premises;

(b)a retailer, for a customer or proposed customer of the retailer.

(2)The application must be made in the way and give the information reasonably required by the distributor.

104Deciding application

(1)The distributor must decide to grant or refuse the application within—

(a)10 business days after the application is made; or

(b)a longer period agreed between the distributor and the applicant.

(2)The distributor must decide to grant the application unless a limit under section 109 on the obligation to provide customer connection services applies.

s 104 amd 2006 No. 60s 85

104AInformation notice for refusal of services

If the distributor decides not provide to the premises the customer connection services applied for, the distributor must, as soon as practicable after, but within 1 month of, receiving the application give the customer an information notice about the decision.

s 104A ins 2006 No. 60s 86

105Distributor’s obligation to propose terms

(1)If the distributor decides to grant the application, the distributor must, within the relevant period, tell or give the applicant notice of, each of the following—

(a)that the application has been granted;

(b)the terms on which the distributor will provide the customer connection services;

(c)that the applicant may ask for the terms in writing.

(2)If the applicant asks, the distributor must, as soon as practicable, give the applicant notice of the terms.

(3)If the distributor does not comply with subsection (1) within the relevant period the distributor is taken to have decided to refuse the application.

(4)In this section—

relevant period means—

(a)10 business days after the application is decided; or

(b)a longer period agreed between the distributor and the applicant within the 10 business days.

s 105 amd 2006 No. 60s 87

106Connection contract

(1)If the distributor and the applicant agree about the terms for providing the customer connection services, the agreement is called a connection contract.

Note—

See also section 125.

(2)The agreement may be oral or written.

(3)The making of a connection contract is subject to subdivision 3.

s 106 amd 2006 No. 60s 88

108Commencement of customer connection services

(1)If the distributor and the applicant enter into a connection contract, the distributor must, subject to section 109, start to provide the customer connection services at the time provided under this section.

(2)Generally, the distributor must use reasonable endeavours to comply with the obligation within the required period after entering into the contract.

(3)However, if, within the required period after entering into the contract, the distributor requires any of the following the obligation ceases—

(a)the giving of security for the services in an amount and a way that is fair and reasonable;

(b)the giving of a reasonable advance payment for the services;

(c)the payment of charges for establishing a connection to the applicant’s premises, if the charges are reasonable having regard to the expected revenue from the transportation of gas as a result of the connection.

(4)If the requirement is met, the distributor must use reasonable endeavours to connect the premises within the required period after meeting the requirement.

(5)In this section—

required period, after entering into the contract or meeting the requirement, means—

(a)if starting to provide the services only involves opening a physical connection to the distributor’s pipeline or system—

(i)10 business days; or

(ii)any longer period agreed to by the applicant within the 10 business days;

(b)if starting to provide the services involves more than opening a physical connection to the distributor’s pipeline or system—

(i)a reasonable period; or

(ii)any longer period agreed to by the applicant.

s 108 amd 2006 No. 60s 90; 2014 No. 48s 124

109Limits on provision of customer connection services

(1)The distributor is not obliged to provide the customer connection services to a person’s premises in any of the following circumstances—

(a)providing the services—

(i)contravenes a provision of the Petroleum and Gas (Production and Safety) Act or another relevant Act about safety; or

(ii)contravenes a provision of the Petroleum and Gas (Production and Safety) Act or another relevant Act about gas measurement or quality; or

(iii)would unreasonably interfere with the connection, transport or sale of processed natural gas to other customers; or

(iv)is denied or limited under an insufficiency of supply direction;

(b)the distributor has asked the person to do any of the following and the person has not complied with the request within a reasonable period—

(i)perform work, or changes to the person’s processed natural gas installation, necessary to allow connection of the distributor’s meter to measure consumption of processed natural gas;

(ii)provide or maintain access, equipment, facilities, space or anything else reasonably needed for the provision of the services;

(c)the distributor is entitled, under its connection contract or under a regulation, to disconnect customer connection services to the premises;

(d)a circumstance beyond the distributor’s control prevents the distributor from providing the customer connection services.

(2)The obligation ceases during any period in which the provision of the services is disconnected under a connection contract or under a dangerous situation direction under the Petroleum and Gas (Production and Safety) Act.

(3)Also, the obligation does not apply if a regulation states the obligation does not apply.

(4)The obligation is subject to—

(a)any relevant insufficiency of supply declaration or insufficiency of supply direction; and

(b)the retailer of last resort scheme; and

(c)the conditions of the distributor’s relevant distribution authority; and

(d)any relevant provision of a distribution network code about cooling-off periods for the provision of customer connection services.

(5)This section does not prevent the distributor from lawfully providing the customer connection services even though it is not obliged to do so.

s 109 amd 2004 No. 25s 977; 2006 No. 60s 91; 2014 No. 48s 183sch 1

ch 2 pt 3 div 2 hdg ins 2006 No. 60s 92

109AGeneral limits on what may be negotiated

(1)A connection contract must not be inconsistent with this Act or any relevant distribution network code.

(2)If—

(a)customer connection services relate to processed natural gas transported through a covered pipeline; and

(b)there is an approved access arrangement for the pipeline;

a connection contract for the services must not be inconsistent with the access arrangement.

(3)A connection contract is unenforceable to the extent it does not comply with this section.

s 109A ins 2006 No. 60s 92

amd 2014 No. 48s 183sch 1

109BProvisions for small customers

(1)This section applies to a connection contract for the provision of customer connection services to a small customer’s premises.

(2)The contract must comply with all relevant distribution network code provisions about minimum terms for the provision of customer connection services to small customers.

(3)The contract is unenforceable to the extent it does not comply with subsection (2).

(4)If, under subsection (3), a term of the contract is unenforceable because it conflicts with a minimum term provision mentioned in subsection (2), the minimum term is taken to be a term of the contract.

s 109B ins 2006 No. 60s 92

amd 2014 No. 48s 183sch 1

109CProvisions for large customers

(1)This section applies to a connection contract for the provision of customer connection services to a large customer’s premises.

(2)The contract must provide for the provision of the services on fair and reasonable terms.

(3)The services are taken to be provided on fair and reasonable terms if the contract is consistent with relevant distribution network code provisions about minimum terms for the provision of customer connection services to small customers.

(4)In this section—

large customer, for premises, means a customer other than a small customer for the premises.

s 109C ins 2006 No. 60s 92

amd 2014 No. 48 ss 125, 183 sch 1

ch 2 pt 3 div 3 hdg amd 2006 No. 60 s 93

110Application of div 3

This division applies if the distributor provides customer connection services to a person’s premises.

111Obligation to give information to allow proposed changes

The distributor must, if asked by the person, give the person reasonable information about the distributor’s requirements to allow the person to change or replace a processed natural gas installation at the premises.

s 111 amd 2006 No. 60s 94

112Applying to change connection

(1)The person may apply to the distributor to change the connection of a processed natural gas installation at the premises to the distributor’s distribution system.

(2)The distributor must, subject to section 109, make the change within a reasonable period and on fair and reasonable terms.

s 112 amd 2006 No. 60s 95

125Operation of pt 4

This part imposes obligations for the provision of customer connection services to small customers.

s 125 amd 2006 No. 60s 97; 2014 No. 48s 126

126Distributor must provide meter

(1)The distributor must, unless the distributor and the customer otherwise agree, provide, install and maintain a meter used or to be used to measure or record reticulated processed natural gas transported to the premises.

Maximum penalty—20 penalty units.

(2)Subsection (1) is subject to section 131.

s 126 amd 2006 No. 60s 98

127Matters that may be considered for placement

In deciding placement of a meter the distributor may consider—

(a)safe access; and

(b)aesthetics; and

(c)protection against damage from—

(i)mechanisms; or

(ii)vibration; or

(iii)the effects of weather; or

(iv)corrosive atmosphere.

128Placing meter on customer’s premises

(1)The customer must, at the customer’s cost—

(a)provide on the customer’s premises space, housing, mounting and connecting facilities for each meter; and

(b)maintain the facilities in a safe and sound condition.

(2)The facilities must be in a position that meets the distributor’s reasonable requirements.

129Change of meter placement

(1)This section applies if, because of building changes or similar works, the position of a meter no longer meets the distributor’s reasonable requirements for its placement.

(2)The customer must provide space, housing, mounting and connecting facilities in another position on the customer’s premises that meets the requirements.

(3)If the distributor relocates the meter to meet the requirements, the distributor may, by notice, require the customer to pay the distributor the amount of the distributor’s costs reasonably incurred in relocating the meter.

(4)If the customer does not comply with the notice, the distributor may recover the amount from the customer as a debt.

130Customer must provide safe access

The customer must not prevent the distributor’s distribution officers from safely exercising a power under section 138.

131Alternative measurement

(1)This section applies if the distributor reasonably believes the customer has contravened section 130 by preventing any distribution officer of the distributor from safely reading or testing a meter connected to the distributor’s distribution pipeline or system.

(2)The distributor may, by notice, require the customer to remedy the contravention within a stated period of at least 1 month.

(3)If the customer does not comply with the notice, the distributor may install alternative metering or other equipment to measure or record reticulated processed natural gas transported to the premises by remote or other suitable ways.

(4)Subsection (3) does not limit another remedy the distributor has against the customer.

(5)If the distributor acts under subsection (3), the distributor may, by notice, require the customer to pay the distributor the amount of the distributor’s costs reasonably incurred in taking the action.

(6)If the customer does not comply with the notice, the distributor may recover the amount from the customer as a debt.

s 131 amd 2006 No. 60s 99

ch 2 pt 5 div 1A hdg ins 2006 No. 60 s 100

131AReferences to distributor and processed natural gas in pt 5

In this part—

(a)a reference to a distributor includes a reference to an LPG distributor; and

(b)a reference to a distributor’s distribution pipeline or system includes a reference to an LPG distributor’s LPG pipeline or LPG distribution system; and

(c)a reference to processed natural gas transported through a distributor’s distribution pipeline or system includes, for an LPG distributor’s LPG pipeline or LPG distribution system, a reference to LPG transported through the pipeline or system.

s 131A ins 2006 No. 60s 100

132Appointment

(1)A distributor may appoint distribution officers to perform the functions mentioned in section 133.

(2)However, the distributor may appoint a person under subsection (1) only if the person is appropriately qualified for the appointment and has the necessary expertise or experience.

(3)Subject to subsection (2), an officer of a retailer may be appointed as a distribution officer.

133Functions

A distribution officer’s functions are to—

(a)install and maintain the distributor’s gas infrastructure; and

(b)read or test meters connected to the distributor’s distribution pipeline or system; and

(c)ensure the distributor’s gas infrastructure is safe; and

(d)prevent or deal with an emergency involving, or that may involve, processed natural gas transported through the distributor’s distribution pipeline or system.

s 133 amd 2006 No. 60s 101

134Distribution officers are public officials for particular functions

A distribution officer is declared to be a public official for the Police Powers and Responsibilities Act 2000 if the officer is, or is proposing to, perform a function mentioned in section 133(c) or (d).

Note—

See the Police Powers and Responsibilities Act 2000, chapter 1, part 3, division 2.

135Issue of identity card

(1)A distributor must issue an identity card to each of its distribution officers.

(2)The identity card must—

(a)contain a recent photo of the person; and

(b)contain a copy of the person’s signature; and

(c)identify the person as a distribution officer for the distributor; and

(d)state an expiry date for the card.

136Production or display of identity card

(1)In exercising a power under division 2 in relation to another person, a distribution officer must—

(a)produce his or her identity card for the person’s inspection before exercising the power; or

(b)have the identity card displayed so it is clearly visible to the person when exercising the power.

(2)However, if it is not practicable to comply with subsection (1), the officer must produce the identity card for the person’s inspection at the first reasonable opportunity.

137Return of identity card

A person who ceases to be a distribution officer must return the person’s identity card to the distributor within 20 business days after ceasing to be a distribution officer, unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

138Power to enter—general

(1)A distribution officer may enter a place to—

(a)install, maintain or take away the distributor’s gas infrastructure; or

(b)read or test a meter connected to the distributor’s distribution pipeline or system.

(2)However, the officer can not under subsection (1)—

(a)enter a part of the place where a person resides; or

(b)enter the place between 5p.m. on any day and 8a.m. on the next day.

(3)The power under subsection (1) may be exercised without the consent of, or notice to, the occupier of the place.

139Power to enter to make gas infrastructure safe

(1)A distribution officer may enter a place to make the distributor’s gas infrastructure safe if the occupier of the place has been given at least 48 hours notice of the entry.

(2)However, the officer can not under subsection (1)—

(a)enter a part of the place where a person resides; or

(b)enter the place between 5p.m. on any day and 8a.m. on the next day.

(3)The power under subsection (1) may be exercised without the occupier’s consent.

140Power to enter for emergency

(1)A distribution officer may enter a place to prevent or deal with an emergency involving, or that may involve, processed natural gas transported through the distributor’s distribution pipeline.

(2)The power under subsection (1) may be exercised without the consent of, or notice to, the occupier of the place.

(3)However, if the occupier is present at the place, before entering the place, the officer must do, or make a reasonable attempt to do, the following things—

(a)comply with section 136 for the occupier;

(b)tell the occupier the purpose of the entry;

(c)seek the consent of the occupier to the entry;

(d)tell the occupier the officer is permitted under this Act to enter the place without the occupier’s consent.

(4)Also, if the occupier is not present at the place, the officer must take reasonable steps to advise the occupier of the officer’s intention to enter the place.

(5)Subsections (3) and (4) do not require the officer to take a step that the officer reasonably believes may frustrate or otherwise hinder the prevention or dealing with the emergency.

s 140 amd 2006 No. 60s 102

141Power to enter common property unaffected

(1)The powers under this division are in addition to and do not limit a distribution officer’s power, under the Body Corporate and Community Management Act 1997, section 263, to enter common property.

(2)However, if the entry is also authorised under this division, section 145 applies to the entry.

142Duty to avoid damage

In performing a function or exercising a power under this part, a distribution officer must take all reasonable steps to ensure the officer causes as little inconvenience, and does as little damage, as is practicable.

143Notice of damage

(1)This section applies if a distribution officer damages something when performing a function or exercising a power under this part.

(2)However, this section does not apply to damage the officer reasonably considers is trivial or if the officer reasonably believes—

(a)there is no-one apparently in possession of the thing; or

(b)the thing has been abandoned.

(3)The officer must promptly give notice of the damage to the person who appears to the officer to be the owner or person in possession of the thing.

(4)However, if for any reason it is not practicable to comply with subsection (3), the officer must—

(a)leave the notice at the place where the damage happened; and

(b)ensure it is left in a conspicuous position and in a reasonably secure way.

(5)The officer may delay complying with subsection (3) or (4) if the officer is exercising a power under section 139 or 140.

(6)However, the delay may be only for so long as it is reasonably necessary—

(a)for section 139—to make the gas infrastructure safe; or

(b)for section 140—to prevent or deal with the emergency.

144Content of notice of damage

(1)A notice of damage under section 143 must state—

(a)particulars of the damage; and

(b)that the person who suffered the damage may claim compensation under section 145.

(2)If the distribution officer believes the damage was caused by a latent defect in the thing or circumstances beyond the officer’s control, the officer may state the belief in the notice.

145Compensation from distributor to owner or occupier

(1)This section applies if an owner or occupier of land (the claimant) suffers a cost, damage or loss because of performance, or purported performance or the exercise, or purported exercise, of a function or power under this part by a distribution officer.

(2)Compensation for the cost, damage or loss is payable by the distributor to the claimant.

(3)The compensation may be claimed and ordered in a proceeding brought in a court of competent jurisdiction.

ch 3 hdg amd 2006 No. 60s 104

ch 3 pt 1 hdg sub 2014 No. 48s 127

ch 3 pt 1 div 1 hdg om 2014 No. 48 s 128

ch 3 pt 1 div 1 hdg om 2014 No. 48 s 128

ch 3 pt 1 div 1 hdg om 2014 No. 48 s 128

ch 3 pt 1 div 2 hdg om 2014 No. 48 s 129

ch 3 pt 1 div 2 hdg om 2006 No. 60 s 58 sch

ch 3 pt 1 div 2 hdg om 2006 No. 60 s 106

ch 3 pt 1 div 2 hdg om 2006 No. 60 s 106

ch 3 pt 1 div 2 hdg om 2006 No. 60 s 58 sch

ch 3 pt 1 div 3 hdg om 2014 No. 48 s 131

ch 3 pt 1 div 3 hdg om 2014 No. 48 s 131

ch 3 pt 1 div 3 hdg om 2014 No. 48 s 131

ch 3 pt 1 div 3 hdg om 2014 No. 48 s 131

ch 3 pt 1 div 3 hdg om 2014 No. 48 s 131

ch 3 pt 1 div 3 hdg om 2014 No. 48 s 131

ch 3 pt 1 div 4 hdg om 2014 No. 48 s 131

ch 3 pt 1 div 4 hdg om 2014 No. 48 s 131

ch 3 pt 1 div 4 hdg om 2014 No. 48 s 131

ch 3 pt 1 div 4 hdg om 2014 No. 48 s 131

ch 3 pt 1 div 4 hdg om 2014 No. 48 s 131

175ARetailer or particular exempt sellers must enter into community services agreement

(1)A retailer must not provide customer retail services unless—

(a)the retailer—

(i)enters into an agreement with the State to provide, for at least 5 years, the community services agreed between the State and the retailer; and

(ii)complies with the agreement; or

(b)if no agreement is entered into with the State under paragraph (a)(i), the retailer—

(i)provides the community services decided by the Minister; and

(ii)complies with any conditions included in the Minister’s decision about the provision of the services.

Maximum penalty—1333 penalty units.

(2)In making a decision under subsection (1)(b), the Minister must have regard to the retailer’s reasonable administration costs and other risks in providing the community services.

(3)In this section—

retailer includes each of the following councils if the council is taken under the National Energy Retail Regulations (Queensland), section 14 as an exempt seller holding an individual exemption under the NERL (Qld), part 5, division 6—

(a)the Maranoa Regional Council;

(b)the Western Downs Regional Council.

s 175A ins 2008 No. 11s 4

amd 2014 No. 48s 130

ch 3 pt 3 hdg amd 2014 No. 48s 132

ch 3 pt 3 div 1 hdg om 2014 No. 48 s 133

ch 3 pt 3 div 2 hdg om 2014 No. 48 s 135

ch 3 pt 3 div 3 hdg om 2014 No. 48 s 135

ch 3 pt 3 div 4 hdg om 2014 No. 48 s 135

ch 3 pt 3 div 5 hdg om 2014 No. 48 s 138

213On-suppliers and their receivers

(1)An on-supplier is a person who—

(a)is the owner or occupier of premises or has the right to use premises; and

Example—

an owner, occupier or a person who has a right to use a caravan park, exhibition centre, hostel, hotel, industrial park, lodging house, marina, market arcade, motel or shopping centre

(b)supplies, by reticulation, processed natural gas for use in the premises.

(2)An on-supplier also includes a body corporate or body corporate manager under a body corporate Act who supplies, or authorises someone else to supply, by reticulation, processed natural gas to—

(a)members of the body corporate; or

(b)persons who occupy the premises that make up the body corporate.

(3)The premises for which a person is an on-supplier is called the on-supplier’s premises.

(4)A receiver is a person who owns, occupies or has the right to use an on-supplier’s premises and to whom the on-supplier supplies processed natural gas, by reticulation.

s 213 amd 2006 No. 60 s 115

222Individual metering option

(1)This section applies if an on-supply agreement for the supply of processed natural gas from an on-supplier to a receiver is in force.

(2)The receiver may, at any time—

(a) elect, by notice to the on-supplier, to be charged on the basis of the receiver’s consumption of processed natural gas supplied from the on-supplier, as measured by a meter; and

(b)install the meter, at the receiver’s expense.

(3)However, the election has effect only if the installation—

(a)complies with the Petroleum and Gas (Production and Safety) Act and any other relevant Act; and

(b)is done in a way—

(i)that complies with any reasonable written directions the on-supplier gives the receiver within 5 business days after the giving of the notice; or

(ii)if no written directions are given within the 5 business days—that is reasonable.

(4)In deciding what is reasonable for subsection (3), regard must be had to the interests of the on-supplier and anyone who is an occupier of the on-supplier’s premises.

223Compensation for installation damage

(1)This section applies if—

(a)a receiver has, under section 222, given an on-supplier a notice of election; and

(b)the receiver installs a meter for processed natural gas supplied from the on-supplier to the receiver; and

(c)either—

(i)no written direction was given by the on-supplier under section 222(3)(b); or

(ii)the installation was done in a way that does not comply with the on-supplier’s reasonable written directions under that section; or

(iii)the installation was not done in a way that is reasonable; and

(d)a person as follows (the claimant) suffers damage to property because of the installation—

(i)the on-supplier;

(ii)anyone who is an occupier of the on-supplier’s premises.

(2)Compensation for the damage is payable by the receiver to the claimant.

(3)The compensation may be claimed and recovered in a proceeding brought in a court of competent jurisdiction.

(4)In making the order the court must have regard to—

(a)whether it was reasonable for the claimant to give the receiver an opportunity to fix the damage; and

(b)if paragraph (a) applies—whether the receiver was given a reasonable period to fix the damage.

ch 3 pt 4 hdg sub 2006 No. 60s 121

ch 3 pt 4 div 1 hdg ins 2006 No. 60s 121

227ADirection by Minister to investigate effectiveness of retail competition

(1)The Minister may, by gazette notice, give QCA a written direction to—

(a)investigate (the pricing investigation) the effectiveness of retail competition in the Queensland retail gas market; and

(b)give the Minister a report on the pricing investigation within a stated period.

(2)QCA must comply with the direction.

(3)QCA must publish the direction on its website.

s 227A ins 2006 No. 60s 121

227BPeriod for giving report

QCA must give the Minister the report within—

(a)the period stated in the direction; or

(b)if no period is stated in the direction—6 months after it receives the direction.

s 227B ins 2006 No. 60s 121

227CTerms of reference

The direction may do all or any of the following—

(a)state the terms of reference of the pricing investigation;

(b)require QCA to, during the pricing investigation, make a draft report publicly available or available to a stated entity;

(c)require QCA to, in conducting the pricing investigation—

(i)consider stated matters; and

(ii)have stated objectives;

(d)give QCA other directions the Minister considers appropriate.

s 227C ins 2006 No. 60s 121

227DNotice of pricing investigation or amended term of reference or direction

QCA must publish a notice of the following on its website and in a Statewide newspaper—

(a)the pricing investigation;

(b)if a term of reference or direction relating to the pricing investigation is amended—the amended term of reference or direction.

s 227D ins 2006 No. 60s 121

227EConduct of pricing investigation

(1)The QCA Act, part 6, other than section 171, (the applied part) applies for the pricing investigation—

(a)as if a reference in the applied part to an investigation were a reference to the pricing investigation; and

(b)as if the QCA Act, section 176(3), required the notice mentioned in that subsection to be given to any entity that QCA knows would be potentially affected by the review.

(2)However, the applied part applies subject to any requirement or direction of the Minister.

s 227E ins 2006 No. 60s 121

227FRequired consultation for report

Before QCA gives the Minister the report it must prepare a draft of the report and engage in the consultation prescribed under a regulation.

s 227F ins 2006 No. 60s 121

ch 3 pt 4 div 2 hdg ins 2006 No. 60s 121

228Fixing of prices

(1)Subject to section 228A, the Minister may fix any or all of the following—

(a)standing offer prices of a retailer for or relating to the sale of processed natural gas to a customer;

(b)charges relating to the sale of processed natural gas to a customer;

(c)a methodology to fix the standing offer prices or charges.

Examples of matters for which prices, charges or a methodology may be fixed—

•charges for selling processed natural gas

•charges or fees for late or dishonoured payments

•charges or fees for discontinuing or recommencing the sale of processed natural gas

(2)In exercising the power, the Minister must consider the main purposes of this Act and the QCA code objective.

(3)The prices, or prices fixed under the methodology, are called notified prices.

(4)The notified prices, or methodology to fix the prices—

(a)must be notified by gazette notice; and

(b)take effect on the later of the following days—

(i)the day the notice is gazetted;

(ii)if the gazette notice states a later day of effect—the later day.

(5)In this section—
retailer means a retailer under the NERL (Qld).
standing offer prices has the meaning given by the NERL (Qld), section 2.

Note—

Under section 320, the Minister may delegate the Minister’s powers under this division to QCA.

s 228 sub 2006 No. 60s 122

amd 2014 No. 48s 139

228ARestrictions on the first exercise of price fixing power

(1)This section applies only for the first occasion on which the Minister exercises the power under section 228.

(2)The power may be exercised only if—

(a)either—

(i)QCA has given the Minister a report about a pricing investigation; or

(ii)AEMC has, under the AEMC Act, a report about the effectiveness of retail competition in the Queensland retail gas market; and

(b)no more than 6 months has passed since the giving of the report; and

(c)the Minister has considered the report.

(3)The Minister must—

(a)publish on the department’s website reasons for exercising the power; and

(b)give each retailer a copy of the reasons.

(4)In this section—

AEMC means the Australian Energy Market Commission established under section 5 of the AEMC Act.

AEMC Act means the Australian Energy Market Commission Establishment Act 2004 (SA).

retailer means a retailer under the NERL (Qld).

s 228A ins 2006 No. 60s 122

amd 2014 No. 48s 140

229Review of notified prices

(1)A retailer to whom notified prices apply may ask the Minister to review the notified prices.

(2)The Minister must complete the review within 6 months after the request was made.

s 229 amd 2006 No. 60s 123; 2014 No. 48s 141

230Public advertisement of notified prices

(1)This section applies if there is a change to notified prices that apply to a particular retailer.

(2)QCA may publish a notice giving particulars of the changed prices in a newspaper circulating in each locality in which small customers to whom the prices apply reside.

(3)If QCA asks, the retailer must pay QCA’s reasonable costs of the publication.

s 230 sub 2006 No. 60s 124

231Requirement to comply with notified prices

If—

(a)there is a notified price for or relating to the sale of processed natural gas; and

(b)the notified price applies to a retailer;

the retailer must comply with the notified price unless otherwise required under the retailer of last resort scheme.

Maximum penalty—500 penalty units.

s 231 amd 2006 No. 60s 125; 2014 No. 48s 142

232Additional consequences of failure to comply with notified prices

(1)This section applies if—

(a)a retailer contravenes a notified price for a matter; and

(b)the contravention was not caused by a compliance with the retailer of last resort scheme.

(2)The retailer has no right to recover from the relevant customer or receiver any amount for the matter that is more than the notified price.

(3)The customer may recover from the retailer as a debt any amount paid for the matter that is more than the notified price.

(4)The failure to comply with the notified price does not, of itself, affect the customer’s liability to the retailer to pay an amount for the matter that is no more than the notified price.

(5)This section applies despite any retail contract.

s 232 amd 2006 No. 60s 58 sch; 2014 No. 48s 143

233Directions for prices notification

(1)The Minister may, by notice, give a retailer a direction to do any of the following if the Minister reasonably believes the direction may help the Minister to fix notified prices—

(a)give the Minister stated information at stated reasonable times or intervals;

(b)keep stated records;

(c)give the Minister copies of the records at stated times or intervals.

Note—

See also section 318.

Examples of stated information—

•how many customers the retailer has in stated consumption ranges

•the total processed natural gas supplied to the retailer’s customers

•how much processed natural gas the retailer supplied its customers in stated consumption ranges

•the cost of processed natural gas at the point, commonly called the ‘city gate’, where a distributor’s distribution system connects with a transmission pipeline

•the fees and charges paid to the retailer for the sale of processed natural gas

•the retailer’s gas transportation costs

•the cost to the retailer of processed natural gas

•the retailer’s margin for processed natural gas supplied

•the total cost to the retailer’s customers of processed natural gas supplied

•the retailer’s total revenue from the sale of processed natural gas

•a profile of the number of the retailer’s customers in stated consumption ranges

•other information relating to the retailer’s cost and revenue bases for processed natural gas supply

(2)The direction must be accompanied by, or include, a QCAT information notice for the decision to give the direction.

s 233 amd 2006 No. 60s 126; 2009 No. 24s 570; 2014 No. 48s 144

234Requirement to comply with direction for prices notification

If a retailer is given a direction under section 233, the retailer must comply with the direction unless the retailer has a reasonable excuse.

Maximum penalty—500 penalty units.

s 234 amd 2014 No. 48s 145

236Who is an industry participant

Each of the following is an industry participant—

(a)a distributor;

(b)a retailer;

(c)the holder of a transmission pipeline licence;

(d)a person who—

(i)holds—

(A)a lease under the Petroleum Act 1923; or

(B)a petroleum lease or petroleum facility licence under the Petroleum and Gas (Production and Safety) Act; and

(ii)conducts a business in relation to the lease or licence that significantly affects, or may significantly affect, the supply of processed natural gas to the community or part of the community;

(e)a person who ships gas to a retail market under an agreement with a person who is an industry participant under paragraph (a), (b), (c) or (d);

(f)a customer who, in the last 12 months, consumed more than 100TJ of processed natural gas;

(g)a customer who, in the next 12 months, is likely to consume more than 100TJ of processed natural gas.

s 236 amd 2004 No. 25s 984; 2006 No. 60s 128

237Regulator’s power to require plan

(1)The regulator may, by notice, require an industry participant to, within a stated reasonable period, make a plan that complies with section 239 for the contingency supply of processed natural gas (a contingency supply plan).

(2)The industry participant must comply with the notice.

Maximum penalty—500 penalty units.

(3)For subsection (1), the plan is not made until the regulator is given a copy.

(4)Before the industry participant makes the plan, the participant must make reasonable endeavours in the circumstances to consult with the regulator and stakeholders in the processed natural gas industry about the proposed plan.

(5)However, subsection (4) does not apply if the industry participant has made a plan under another Act and the plan complies or substantially complies with section 239.

(6)A failure to comply with subsection (4) does not invalidate or otherwise affect the plan.

s 237 amd 2006 No. 60s 129

238Regulator’s power to make plan

(1)If, in contravention of section 237, an industry participant does not make a contingency supply plan, the regulator may, by notice to the participant, make the plan for the participant.

(2)However, before making the plan, the regulator must give the industry participant—

(a)a proposed plan; and

(b)a reasonable opportunity to make submissions to the regulator about the proposed plan.

(3)This section does not prevent the industry participant from making another contingency supply plan or amending the plan made by the regulator if the other plan or amended plan complies with the content requirements.

239Contingency supply plan—content requirements

(1)This section imposes requirements (the content requirements) for an industry participant’s contingency supply plan.

(2)Despite the content requirements, a matter must not be provided for in the plan to the extent it conflicts with—

(a)a safety-related provision made under the Petroleum and Gas (Production and Safety) Act or another Act; or

(b)a contingency supply plan made for the State by the regulator.

(3)The plan must—

(a)identify the contingencies or events that may lead to an interruption or curtailment of processed natural gas supply in relation to the industry participant; and

(b)provide for the following if any of the contingencies or events happen—

(i)alternative arrangements for processed natural gas supply;

(ii)a list stating the priority for supply to customers, or types of customer;

(iii)how essential services are to be supplied; and

(c)give information on the types of customer each contingency or event is likely to affect; and

(d)contact details for the industry participant; and

(e)another matter prescribed under a regulation.

(4)The alternative arrangements must, as far as reasonably practicable, ensure supply to customers is maximised if any of the contingencies or events happen.

s 239 amd 2004 No. 25s 985 (amd 2004 No. 26s 257); 2006 No. 60s 130

240Requirement to comply with plan

If a contingency or event identified in an industry participant’s contingency supply plan happens, the industry participant must comply with the plan, unless the industry participant has a reasonable excuse.

Maximum penalty—500 penalty units.

241Limitation of industry participant’s liability because of compliance with plan

(1)This section applies if—

(a)a person incurs a cost, damage or loss because of an act done or omission made by an industry participant; and

(b)doing the act or making the omission was required by the industry participant’s contingency supply plan.

(2)The industry participant is not civilly liable for the cost, damage or loss if—

(a)in doing the act or making the omission the industry participant complied with this Act and the conditions of any relevant distribution authority or retailer authorisation; and

(b)the doing of the act or the making of the omission was carried out in good faith and without negligence.

(3)Subsection (2)—

(a)is subject to any agreement between the person and the industry participant; and

(b)does not limit section 6(3).

(4)In this section—

retailer authorisation means a retailer authorisation under the NERL (Qld).

s 241 amd 2014 No. 48s 146

242When plan must be revised

(1)This section applies if—

(a)a circumstance happens that affects, or may affect, an industry participant’s contingency supply plan complying with the content requirements; and

(b)the industry participant becomes aware, or ought reasonably to have become aware, of the happening of the circumstance.

(2)The industry participant must, as soon as practicable, amend or remake the plan so that it complies with the content requirements.

Maximum penalty—500 penalty units.

(3)For subsection (2), the plan is not amended or remade until the regulator is given a copy.

243Regulator’s power to amend plan

(1)If the regulator reasonably believes an industry participant’s contingency supply plan does not comply with the content requirements, the regulator may, by complying with subsections (3) and (4), amend the plan so that it does comply with the requirements.

(2)The regulator must give the industry participant a notice stating each of the following—

(a)how the plan does not comply with the requirements;

(b)that the regulator proposes to amend the plan so that it does comply;

(c)the proposed amendment;

(d)that the industry participant may within a stated reasonable period—

(i)amend the plan so that it does comply with the requirements; or

(ii)make written submissions to the regulator about why the proposed amendment should not be made.

(3)The regulator must consider any written submissions or amendments made by the industry participant within the stated period.

(4)The amendment does not take effect until the industry participant is given an information notice about the decision to make the amendment.

(5)This section does not prevent the industry participant from further amending the plan if the further amended plan complies with the content requirements.

(6)In this section—

amend includes remake and replace.

244Notice of significant disruption

If an industry participant becomes aware of any significant disruption, or event likely to result in a significant disruption, to the supply of processed natural gas, the participant must, as soon as practicable, give the regulator notice of the disruption or event.

Maximum penalty—100 penalty units.

s 244 amd 2006 No. 60s 131

245Regulator’s power to require information from industry participant

(1)This section applies if the regulator reasonably believes an industry participant has information that will help the regulator assess the current or probable future sufficiency of supply of processed natural gas.

Examples of information—

•processed natural gas production and estimated future production, by location

•processed natural gas purchases, by location

•processed natural gas supplied and future contractual obligations to supply, by location

•the number of customers in each stated class of customer

•transportation prices

•processed natural gas prices for a stated class of customer

•estimated reserves of coal seam gas and natural gas

(2)The regulator may, by notice, require the industry participant to give the regulator in the approved form stated information of a type mentioned in subsection (1), at stated reasonable times or intervals.

(3)The direction must be accompanied by, or include, an information notice about the decision to give the direction.

Note—

See also section 318.

s 245 amd 2006 No. 60s 132

246Failure to comply with information requirement

(1)An industry participant of whom a requirement under section 245 has been made must comply with the requirement unless the participant has a reasonable excuse.

Maximum penalty—500 penalty units.

(2)It is a reasonable excuse not to give the information if giving it might tend to incriminate the industry participant.

247Notice of intention to stop processed natural gas transport or sale or customer connection services

(1)The holder of a transmission pipeline licence for a pipeline that transports processed natural gas must give the regulator the required notice at least 3 months before stopping, or significantly reducing, the transportation of processed natural gas through the pipeline.

Maximum penalty—100 penalty units.

(2)A distributor must give the regulator the required notice at least 6 months before stopping, or significantly reducing, the provision of customer connection services.

Maximum penalty—100 penalty units.

(3)A retailer must give the regulator the required notice at least 6 months before stopping, or significantly reducing, the sale of processed natural gas to a customer.

Maximum penalty—100 penalty units.

(4)Subsections (1) to (3)—

(a)do not apply for a distributor or retailer if the stoppage or reduction is because of a discontinuance under a connection contract or contract for the sale of processed natural gas to a customer; and

(b)do not apply if there is a reasonable excuse for the stopping or significant reduction.

(5)In this section—

required notice means a notice stating each of the following—

(a)whether the notice is a notice of a stoppage or of a significant reduction;

(b)reasons for the stoppage or reduction;

(c)

each type of customer (affected customers) who will, or are likely to be, affected by the stoppage or reduction;

(d)details of any arrangements that have been, or will be, put in place to ensure affected customers continue to be supplied with processed natural gas;

(e)information to be provided to affected customers about the stoppage or reduction and the arrangements;

(f)details of any level of help to be offered to affected customers.

s 247 amd 2006 No. 60s 133; 2014 No. 48s 147

251Minister’s power to make declaration

The Minister may make a declaration (an insufficiency of supply declaration) that this part applies to a stated area if the Minister reasonably believes the supply of processed natural gas in the area—

(a)is, or is likely to be, disrupted; or

(b)is, or is likely to become, insufficient for the reasonable requirements of the community, or a part of the community, in the area.

Examples of when the supply of processed natural gas may be disrupted—

1A retailer for the area has given a notice under section 247.

2A retailer for the area becomes an externally-administered body corporate under the Corporations Act and the retailer’s financial position does not, or may not, allow the retailer to continue to sell processed natural gas in the area.

s 251 amd 2006 No. 60s 136

252Requirements for making declaration

(1)Generally, an insufficiency of supply declaration must be made by gazette notice.

(2)However, the Minister may make an insufficiency of supply declaration by another document if the Minister is reasonably satisfied extraordinary circumstances require it to be made immediately.

(3)If an insufficiency of supply declaration is made under subsection (2), the Minister must immediately publish the making of the declaration in the way the Minister considers most appropriate to notify persons likely to be affected by it.

(4)A failure to comply with subsection (3) does not invalidate or otherwise affect the declaration.

253Duration of declaration

(1)If an insufficiency of supply declaration was not made by gazette notice, it expires on the third day after its making.

(2)If an insufficiency of supply declaration is not tabled in the Legislative Assembly before the end of the next sitting day after its making, it expires at the end of that day.

(3)Otherwise, an insufficiency of supply declaration continues in force until—

(a)any time provided in the declaration for its expiry; or

(b)it is repealed.

254Minister’s power to give directions while declaration in force

(1)The Minister may give a person as follows a direction (an insufficiency of supply direction) to do or not do something to ensure the safe supply of processed natural gas to customers in the area the subject of an insufficiency of supply declaration—

(a)an industry participant;

(b)a stated customer, or type of customer;

(c)AEMO.

(2)However, before making the direction, the Minister must, if it is practicable to do so, give the person a reasonable opportunity to make submissions about the proposed direction.

(3)A failure to comply with subsection (2) does not invalidate or otherwise affect the direction.

(4)Subsection (1)(a) applies even if the person or the relevant business of the person is not in the area.

(5)The direction may be given in any way the Minister considers appropriate including, for example, by—

(a)publishing a notice in a newspaper; or

(b)television transmission or radio broadcast.

Examples of possible insufficiency of supply directions—

1a direction to control, direct, restrict, or prohibit the production, distribution, supply, or the consumption or use of, processed natural gas

2a direction to a person who extracts, produces, transports or distributes processed natural gas to extract, produce or transport it for supply, or to extract produce, transport or distribute it in a stated way

3a direction to comply with stated conditions for the extraction, production, distribution, supply or consumption or use of processed natural gas

4a direction to carry out stated work to ensure the production, distribution or transportation or supply of processed natural gas

5a direction to make available stated gas infrastructure

6a direction not to operate or use stated gas infrastructure, or to use it only with the Minister’s consent

7a direction fixing prices for processed natural gas

8directing an occupier of land to allow a stated person authorised by the Minister, to enter the land to carry out a stated activity to ensure the safe supply of processed natural gas in the area

9a direction to comply with a contingency supply plan made for the State by the regulator

s 254 amd 2006 No. 60s 137; 2009 No. 16s 42

255Failure to comply with direction

(1)A person to whom an insufficiency of supply direction has been given must comply with the direction unless the person has a reasonable excuse.

Maximum penalty—500 penalty units.

(2)It is a reasonable excuse to not comply with the direction if compliance would reasonably, or is reasonably likely to, result in a risk to—

(a)the safety of anyone; or

(b)the operation or security of a pipeline or other plant or equipment.

256Liability of recipient for processed natural gas supplied under direction

(1)This section applies if—

(a)under an insufficiency of supply direction a person (the supplier) supplies someone else (the recipient) with processed natural gas; and

(b)the recipient consumes the processed natural gas; and

(c)the supplier was not, other than for the direction, legally obliged to supply the processed natural gas to the recipient.

(2)The recipient must, unless the Minister otherwise approves, pay the supplier a reasonable amount for the processed natural gas.

(3)In working out what is a reasonable amount for the processed natural gas, regard must be had to—

(a)the cost to the supplier of producing or transporting the gas; and

(b)any lost revenue to the supplier as a result of the gas being redirected.

s 256 amd 2006 No. 60s 138

257Direction overrides contracts

If there is an inconsistency between an insufficiency of supply direction and a contract as follows, the direction prevails to the extent of the inconsistency—

(a)a connection contract;

(b)another contract relating to the production, transport or sale of processed natural gas.

s 257 amd 2006 No. 60s 139; 2014 No. 48s 149

257AA Exemption from Petroleum and Gas (Production and Safety) Act, ss 800, 802 and 803 for person complying with direction

(1)This section applies to a person to whom an insufficiency of supply direction has been given.

(2)The Petroleum and Gas (Production and Safety) Act, sections 800, 802 and 803 do not apply for a relevant activity carried out by the person if the carrying out of the activity was required under the direction.

(3)In this section—

relevant activity means—

(a)a petroleum tenure activity as defined under the Petroleum and Gas (Production and Safety) Act, section 800; or

(b)the construction or operation of any of the following, as defined under the Petroleum and Gas (Production and Safety) Act—

(i)a pipeline, other than a distribution pipeline;

(ii)a petroleum facility.

s 257AA (prev s 257A) ins 2004 No. 25s 986

renum 2006 No. 60s 58 sch (amd 2007 No. 17s 49)

ch 5 hdg sub 2006 No. 60s 140

ch 5 pt 1 hdg om 2006 No. 60 s 58 sch

ch 5 pt 2 hdg om 2006 No. 60 s 143

ch 5 pt 2 div 1 hdg om 2006 No. 60 s 143

ch 5 pt 2 div 2 hdg om 2006 No. 60 s 143

ch 5 pt 3 hdg om 2006 No. 60 s 58 sch

258Application of ch 5

This chapter applies to a dispute about gas infrastructure work or proposed gas infrastructure work between a distributor and a public entity or an LPG distributor and a public entity.

s 258 sub 2006 No. 60s 141

267Referral to regulator to mediate

Either party to the dispute may refer it to the regulator to mediate.

268Regulator’s powers

(1)The regulator may—

(a)give instructions about procedures to be followed by the parties to the dispute to attempt to resolve it before the regulator mediates it; or

(b)engage someone else, other than a court, to help mediate the dispute; or

(c)decide not to mediate the dispute and refer it to the Governor in Council to decide.

(2)Also, the regulator may, by notice, require the distributor, LPG distributor or public entity (the party) to give the regulator stated information the regulator reasonably requires to mediate the dispute.

(3)The notice must be accompanied by, or include, an information notice about the decision to make the requirement.

(4)The information must be given within a reasonable period after the regulator gives the notice, unless the party has a reasonable excuse.

Maximum penalty—500 penalty units.

(5)It is a reasonable excuse not to give the information if giving it might tend to incriminate the party.

s 268 (2)–(5) (prev s 259(1)–(4)) renum and reloc 2006 No. 60s 142(2)

269Resolution by Governor in Council

(1)This section applies if the regulator refers the dispute to the Governor in Council to decide.

(2)Before deciding the dispute, the Governor in Council must—

(a)give the parties a reasonable opportunity to make written submissions about the dispute; and

(b)have regard to any submissions made under paragraph (a).

(3)The submissions must be made to the regulator.

(4)The Governor in Council’s decision binds the parties.

270Exclusion of other jurisdictions

(1)If the dispute has been referred to the Governor in Council, the following matters are not justiciable by a court or tribunal at the instigation of a party to the dispute—

(a)the issue in the dispute;

(b)any issue that emerges in the course of the Governor in Council’s deciding of the dispute.

(2)However, subsection (1) does not apply if the proceeding before the court or tribunal was started before the dispute was referred to the Governor in Council.

ch 5A hdg ins 2006 No. 60s 145

sub 2014 No. 48s 150

ch 5A pt 1 hdg ins 2006 No. 60s 145

sub 2014 No. 48s 150

270AMaking of initial distribution network codes by Minister

(1)The Minister must make initial distribution network codes for reticulated processed natural gas markets to apply to distributors and their customers.

(2)A code must state the distributors to which it applies.

(3)A code is not subordinate legislation.

Note—

QCA must keep a register of distribution network codes and publish them on its website. See section 310A and the QCA Act, sections 227A to 227C.

s 270A ins 2006 No. 60s 145

amd 2014 No. 48 ss 151, 183 sch 1

270BSpecific matters for which code may provide

Without limiting section 270A, a distribution network code may provide for the rights and obligations of distributors and customers about customer connection services.

s 270B ins 2006 No. 60s 145

amd 2009 No. 16s 44

sub 2014 No. 48s 152

270BARequired consultation

(1)This section applies if the Minister proposes to make a distribution network code, unless the Minister considers the proposed code—

(a)is needed urgently; or

(b)will not be materially detrimental to anyone’s interests.

(2)Before the Minister makes the distribution network code, the Minister must prepare a draft of the code and consult with—

(a)entities the Minister is satisfied are likely to be affected by the proposed code; and

(b)entities representing gas consumers.

s 270BA ins 2014 No. 48s 153

270CGazettal and taking of effect of code

(1)The Minister must, as soon as practicable after making an initial distribution network code, publish a gazette notice stating the Minister has made the code and where it may be inspected.

(2)The code takes effect on the later of the following days—

(a)a day of effect stated in the gazette notice;

(b)if no day of effect is stated in the notice—the day the notice is gazetted.

s 270C ins 2006 No. 60s 145

amd 2014 No. 48s 183sch 1

270DTabling of code

(1)Within 14 days after an initial distribution network code takes effect, the Minister must table a copy in the Legislative Assembly.

(2)The copy is tabled for information only.

(3)A failure to table the copy does not affect the code’s ongoing effect.

s 270D ins 2006 No. 60s 145

amd 2014 No. 48s 183sch 1

ch 5A pt 2 hdg ins 2006 No. 60s 145

sub 2014 No. 48s 154

270EQCA may make distribution network code

(1)Subject to sections 270F and 270G, QCA may make distribution network codes.

(2)However, a code made by QCA has no effect unless it is approved by the Minister.

(3)A code may provide for any matter that may be provided for under an initial distribution network code.

(4)Sections 270A and 270B apply to the making of a distribution network code by QCA as if the code were an initial distribution network code.

s 270E ins 2006 No. 60s 145

amd 2014 No. 48s 183sch 1

270FQCA code objective

(1)The objective (the QCA code objective) of a distribution network code made by QCA is to promote efficient investment in, and efficient use of, processed natural gas services for the long-term interests of Queensland customers of processed natural gas about price, quality, safety, reliability and security of supply of processed natural gas.

(2)QCA may make a distribution network code only if it is satisfied the code will, or is likely to, contribute to the achievement of the QCA code objective.

s 270F ins 2006 No. 60s 145

amd 2014 No. 48s 183sch 1

270GRequired consultation

(1)This section applies if QCA proposes to make a distribution network code, unless QCA considers the code—

(a)is needed urgently; or

(b)can not be materially detrimental to anyone’s interests.

(2)Before QCA makes the distribution network code it must prepare a draft of the code and engage in the consultation prescribed under a regulation.

s 270G ins 2006 No. 60s 145 (amd 2007 No. 17s 48(1))

amd 2014 No. 48s 183sch 1

270HMinisterial approval

(1)QCA must, as soon as practicable after making a distribution network code, give the Minister a copy.

(2)The Minister may, within 20 business days after receiving the code, decide whether to approve it.

(3)The Minister must, in making the decision, have regard to the QCA code objective.

(4)If the decision is not to approve the code, the Minister must, as soon as practicable after the making of the decision, give QCA a notice stating the decision, and the reasons for it.

(5)If the Minister does not make the decision within the 20 business days, the Minister is taken to have approved the code.

s 270H ins 2006 No. 60s 145

amd 2014 No. 48s 183sch 1

270IWhen approved QCA distribution network code takes effect

(1)This section applies for a distribution network code made by QCA only if the Minister approves the code.

(2)QCA must, as soon as practicable after the approval, publish a gazette notice stating the Minister has approved the code and where it may be inspected.

(3)The code takes effect on the later of the following days—

(a)a day of effect stated in the gazette notice;

(b)if no day of effect is stated in the notice—the day the notice is gazetted.

s 270I ins 2006 No. 60s 145

amd 2014 No. 48s 183sch 1

270JTabling of QCA distribution network code

(1)If a distribution network code made by QCA takes effect, the Minister must, within 14 sitting days, table a copy of the code in the Legislative Assembly.

(2)The copy is tabled for information only.

(3)A failure to table the copy does not affect the code’s ongoing effect.

s 270J ins 2006 No. 60s 145

amd 2014 No. 48s 183sch 1

ch 5A pt 3 hdg ins 2006 No. 60s 145

amd 2014 No. 48s 155

270KDirection by Minister to review

(1)The Minister may, by gazette notice, give QCA a written direction to conduct a review into—

(a)any matter relating to the Queensland reticulated processed natural gas markets; or

(b)the operation and effectiveness of a distribution network code; or

(c)any matter relating to a distribution network code.

(2)QCA must comply with the direction.

(3)QCA must publish the direction on its website.

s 270K ins 2006 No. 60s 145

amd 2014 No. 48s 183sch 1

270LTerms of reference

The direction may do all or any of the following—

(a)state the terms of reference of the review;

(b)require QCA to give the Minister a report on the review within a stated period;

(c)require QCA to make the report publicly available or available to a stated entity;

(d)require QCA to, during the review, make a draft report publicly available or available to a stated entity;

(e)require QCA to, in conducting the review—

(i)consider stated matters; and

(ii)have stated objectives;

(f)give QCA other directions the Minister considers appropriate.

s 270L ins 2006 No. 60s 145

270MNotice of review or amended term of reference or direction

QCA must publish a notice of the following on its website and in a Statewide newspaper—

(a)the review;

(b)if a term of reference or direction relating to the review is amended—the amended term of reference or direction.

s 270M ins 2006 No. 60s 145

270NConduct of review

(1)The QCA Act, part 6, other than section 171, (the applied part) applies for the review—

(a)as if a reference in the applied part to an investigation were a reference to the review; and

(b)as if the QCA Act, section 176(3), required the notice mentioned in that subsection to be given to any entity that QCA knows would be potentially affected by the review.

(2)However, the applied part applies subject to any requirement or direction of the Minister.

s 270N ins 2006 No. 60s 145

ch 5A pt 4 hdg ins 2006 No. 60s 145

amd 2014 No. 48s 156

270OApplication of pt 4

This part applies if QCA proposes to amend a distribution network code.

s 270O ins 2006 No. 60s 145 (amd 2007 No. 17s 48(2))

amd 2014 No. 48s 183sch 1

270OA Required consultation for amendment

(1)Before QCA may make the amendment it must prepare a draft of the amendment and engage in the consultation prescribed under a regulation.

(2)However, subsection (1) does not apply if QCA considers the amendment—

(a)is needed urgently; or

(b)does not materially detriment anyone’s interests; or

(c)is of an uncontroversial nature; or

(d)corrects an error.

(3)To remove any doubt, it is declared that subsection (2)(d) applies even if the correction is materially detrimental to someone’s interests.

s 270OA ins 2006 No. 60s 145 (amd 2007 No. 17s 48(2))

270OB Application of pt 2 other than its consultation provision

The provisions of part 2, other than section 270G, apply to the amendment—

(a)as if a reference in the provisions to making the code were a reference to the making of the amendment; and

(b)as if a reference in the provisions to the code were a reference to the amendment.

s 270OB ins 2006 No. 60s 145 (amd 2007 No. 17s 48(2))

ch 5A pt 5 hdg ins 2006 No. 60s 145

amd 2014 No. 48s 157

ch 5A pt 5 div 1 hdg ins 2006 No. 60s 145

ch 5A pt 5 div 1 hdg ins 2006 No. 60s 145

270PApplication of div 1

This division applies if QCA suspects—

(a)a distributor—

(i)has contravened, or is contravening, a distribution network code; or

(ii)is involved in an activity that is likely to result in a contravention of a distribution network code; and

(b)the contravention or likely contravention is, or is likely to be, a material contravention of the code.

s 270P ins 2006 No. 60s 145

amd 2014 No. 48s 183sch 1

270QCriteria for deciding material contravention

(1)This section applies to the making of any decision under this Act about whether a contravention of a distribution network code is a material contravention of the code.

(2)Regard must be had to the QCA code objective.

(3)Subsection (2) does not limit or otherwise affect what may be considered in making the decision.

s 270Q ins 2006 No. 60s 145

amd 2014 No. 48s 183sch 1

ch 5A pt 5 div 1 hdg ins 2006 No. 60s 145

270RWarning notice may be given

(1)QCA may give the distributor a notice (the warning notice), warning the distributor that QCA proposes to give the distributor a further notice about the contravention or likely contravention (a code contravention notice).

(2)QCA must make the decision about whether to give the warning notice as soon as practicable after forming the suspicion.

(3)However, a failure to comply with subsection (2) does not affect the validity of the warning notice or any subsequent code contravention notice.

(4)Despite subsections (2) and (3), if the warning notice is proposed to be given for a contravention, it can only be given within 2 years after the day on which the contravention happened.

s 270R ins 2006 No. 60s 145

amd 2014 No. 48s 183sch 1

270SRequirements for warning notice

(1)The warning notice must state each of the following—

(a)particulars of the contravention or likely contravention;

(b)that QCA proposes to give the distributor a code contravention notice unless the distributor—

(i)takes steps reasonably necessary to remedy the contravention or avoid the likely contravention; and

(ii)gives QCA a written assurance (a conduct assurance), in the terms stated in the warning notice, that the distributor will—

(A)avoid any similar future contravention; and

(B)take steps reasonably necessary to avoid a future recurrence of the contravention;

(c)a period (the warning period) after which the code contravention notice may be given unless the warning notice is complied with;

(d)that the distributor may make, within the period, written submissions to show why the proposed code contravention notice should not be given.

(2)The warning period must be—

(a)if the warning notice is given because QCA considers the contravention or likely contravention is of a type that requires urgent action—a period that QCA considers is reasonable in the circumstances; or

(b)otherwise—at least 20 business days.

(3)The warning notice may also state the steps QCA reasonably believes are necessary to remedy the contravention or avoid its future recurrence, or avoid the likely contravention.

Examples of steps that may remedy a contravention—

•refunding an amount wrongly paid because of the contravention

•paying compensation to someone who has damage, injury or loss because of the contravention

•disclosing particular information

•publishing advertisements about the contravention or action to remedy it

s 270S ins 2006 No. 60s 145

amd 2014 No. 48s 183sch 1

270TConsidering submissions on warning notice

(1)QCA must consider any written submission made under section 270S(1)(d) by the distributor within the period stated in the warning notice.

(2)If QCA at any time decides not to give the proposed code contravention notice, it must, as soon as practicable, give the distributor notice of the decision.

s 270T ins 2006 No. 60s 145

amd 2014 No. 48s 183sch 1

ch 5A pt 5 div 1 hdg ins 2006 No. 60s 145

270UGiving of code contravention notice

(1)QCA may give the proposed code contravention notice if—

(a)the distributor has not complied with the warning notice; and

(b)after complying with section 270T, QCA still believes the code contravention notice ought to be given.

(2)The code contravention notice must state—

(a)that the distributor—

(i)has contravened, or is contravening, a distribution network code; or

(ii)is likely to contravene a distribution network code; and

(b)the contravention or likely contravention is, or is likely to be, a material contravention of the code; and

(c)particulars of the contravention or likely contravention.

(3)Subsection (4) applies if the warning notice was given on the basis of a contravention of the distribution network code and the distributor—

(a)has taken steps reasonably necessary to remedy the contravention; but

(b)has not given the conduct assurance required under the warning notice.

(4)QCA may give the code contravention notice on the basis that the distributor is still involved in an activity that is, or is likely to result in, a material contravention of the distribution network code.

Note—

Under section 307A, a certified copy of a conduct notice is, for a proceeding under or relating to this Act, amongst other things, evidence of the contravention or other things stated in it.

s 270U ins 2006 No. 60s 145

amd 2014 No. 48s 183sch 1

270VDuration of code contravention notice

The code contravention notice—

(a)comes into effect—

(i)when it is made; or

(ii)if it states a later time—at the later time; and

(b)ends—

(i)on the day stated in the notice; or

(ii)if it is cancelled before that day—when it is cancelled.

s 270V ins 2006 No. 60s 145

ch 5A pt 5 div 2 hdg ins 2006 No. 60s 145

270WProceeding for civil penalty order

(1)This section applies if, on the application of QCA, the Supreme Court is satisfied a distributor has—

(a)committed a material contravention of a distribution network code; or

(b)attempted to commit a material contravention of a distribution network code; or

(c)been involved in a material contravention of a distribution network code.

(2)The court may order the distributor to pay the State as a civil penalty an amount of no more than—

(a)for an individual—$100000; or

(b)for a corporation—$500000.

(3)In fixing the penalty, the court must consider—

(a)the nature and extent of—

(i)the contravention; and

(ii)loss or damage suffered because of the contravention; and

(b)the circumstances in which the contravention took place; and

(c)whether the distributor has previously been found by the court in proceedings under this Act to have engaged in any similar conduct.

(4)For subsection (1)(c), a distributor is involved in a contravention if the distributor—

(a)has aided, abetted, counselled or procured the contravention; or

(b)has induced the contravention, whether through threats, promises or in another way; or

(c)has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention; or

(d)has conspired with others to effect the contravention.

Note—

See also chapter 6, part 3, division 3 (Provisions for civil penalty proceedings).

s 270W ins 2006 No. 60s 145 (amd 2007 No. 17s 48(3))

amd 2014 No. 48s 183sch 1

270XHow order enforced

If the Supreme Court orders payment of an amount under section 270W(2), the State may enforce the order as a judgment of the court for a debt of that amount.

s 270X ins 2006 No. 60s 145

270YInjunctions

(1)The Supreme Court may, on the application of QCA, grant an injunction if satisfied a distributor has engaged, or is proposing to engage, in conduct that constitutes, or would constitute, any of the following—

(a)a contravention of a distribution network code;

(b)attempting to contravene a distribution network code;

(c)aiding, abetting, counselling or procuring a distributor to contravene a distribution network code;

(d)inducing, or attempting to induce, whether by threats, promises or otherwise, a distributor to contravene a distribution network code;

(e)being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a distributor of a distribution network code;

(f)conspiring with others to contravene a distribution network code.

(2)An injunction may be granted on conditions.

(3)The court may also grant an injunction by consent of all parties to the application, whether or not the court is satisfied a distributor has engaged, or is proposing to engage, in conduct of a type mentioned in subsection (1).

(4)The court may grant an interim injunction pending its decision on the application.

(5)The court must not require anyone, as a condition of granting an interim injunction, to give an undertaking as to damages.

(6)The court may amend an injunction or interim injunction.

(7)An injunction or interim injunction restraining a distributor from engaging in conduct may be granted whether or not—

(a)it appears to the court that the distributor intends to engage again, or to continue to engage, in conduct of that kind; or

(b)the distributor has previously engaged in conduct of that kind; or

(c)there is an imminent danger of substantial damage to another person if the person engages in conduct of that kind.

(8)An injunction or interim injunction requiring a distributor to do an act or thing may be granted whether or not—

(a)it appears to the court that the distributor intends to fail again, or to continue to fail, to do that act or thing; or

(b)the distributor has previously failed to do the act or thing; or

(c)there is an imminent danger of substantial damage to another person if the distributor does not do the act or thing.

s 270Y ins 2006 No. 60s 145

amd 2014 No. 48s 183sch 1

270ZConduct by directors, servants or agents

(1)This section applies to a proceeding under this division.

(2)If—

(a)the proceeding concerns alleged conduct engaged in by a distributor to which a distribution network code applies; and

(b)it is necessary to prove the distributor’s state of mind;

it is enough to prove that a director, servant or agent (a representative) of the distributor, acting within the scope of the representative’s actual or apparent authority, had the state of mind.

(3)Conduct engaged in for a distributor by the following persons is taken to have been engaged in by the distributor—

(a)a representative of the distributor, acting within the scope of the representative’s actual or apparent authority;

(b)another person at the direction, or with the consent or agreement, of a representative of the distributor, if the giving of the direction, consent or agreement was within the scope of the representative’s actual or apparent authority.

(4)Conduct engaged in for a distributor (the principal) by the following persons is taken to have been engaged in by the principal—

(a)a servant or agent of the principal, acting within the scope of the servant’s or agent’s actual or apparent authority;

(b)another person at the direction or with the consent or agreement, of a servant or agent of the principal, if the giving of the direction, consent or agreement was within the scope of the servant’s or agent’s actual or apparent authority.

(5)In this section—

consent or agreement includes an implied consent or agreement.

state of mind, of a person, may include—

(a)knowledge, intention, opinion, belief or purpose of the person; and

(b)the person’s reasons for the person’s intention, opinion, belief or purpose.

s 270Z ins 2006 No. 60s 145

amd 2014 No. 48s 183sch 1

ch 5A pt 5 div 3 hdg ins 2006 No. 60s 145

270ZA When QCA must refer material contravention

If the Supreme Court decides a contravention of a distribution network code by a distributor is a material contravention of the code, QCA must refer the matter to the regulator.

s 270ZA ins 2006 No. 60s 145

amd 2014 No. 48s 183sch 1

270ZB When QCA may refer material contravention

(1)If QCA has given a distributor a warning notice for a material contravention or likely material contravention of a distribution network code, QCA may refer the matter to the regulator.

(2)The referral may be made whether or not a code contravention notice has been given for, or a proceeding started under this division about, the contravention or likely contravention.

Note—

If QCA has applied for a civil penalty order under section 270W, section 270ZK prevents the regulator from imposing a similar penalty.

(3)However, the matter can not be referred before the giving of the warning notice.

s 270ZB ins 2006 No. 60s 145

amd 2014 No. 48s 183sch 1

270ZC Guidelines for exercise of QCA powers for civil penalties

(1)QCA must publish on its website guidelines about when it will do each of the following—

(a)under section 270W, apply for a civil penalty order;

(b)under section 270ZB, refer matters to the regulator.

(2)Before publishing the guidelines, QCA must take steps it considers appropriate to consult with distributors and retailers.

(3)The guidelines are not legally binding on QCA and are non-justiciable.

(4)The guidelines must include information to the effect of subsection (3).

s 270ZC ins 2006 No. 60s 145

270ZD How regulator deals with referral

If, under this subdivision, QCA refers a matter to the regulator, the regulator may take either or both of the following actions against the relevant distributor—

(a)for a distributor—impose a civil penalty, under chapter 6, part 1A;

(b)for a distributor—action under chapter 2, part 1, division 3.

s 270ZD ins 2006 No. 60s 145

amd 2014 No. 48 ss 158, 183 sch 1

ch 5A pt 5 div 4 hdg ins 2006 No. 60s 145

270ZE Notice to produce documents or information

(1)This section applies if QCA is conducting an investigation to find out whether a distributor is complying with a distribution network code.

(2)QCA may, by notice to the distributor, require the distributor to give QCA all or any of the following things QCA believes, on reasonable grounds, are relevant to the investigation—

(a)information within the distributor’s knowledge or possession;

(b)documents in the distributor’s custody, possession or power.

(3)The notice must state—

(a)the information or documents required; and

(b)a period in which the documents or information are to be given of no less than 7 days; and

(c)a reasonable place at which the documents or information are to be given.

(4)The distributor must comply with the notice, unless it has a reasonable excuse.

Maximum penalty—500 penalty units.

(5)A distributor is not required to comply with the notice if the distributor claims, on the ground of self-incrimination, a privilege the distributor would be entitled to claim against giving the information were the distributor a witness in a prosecution for an offence in the Supreme Court.

(6)If the distributor claims that complying with the notice may tend to incriminate it, QCA or the distributor may make an application to the Supreme Court to decide the validity of the claim.

s 270ZE ins 2006 No. 60s 145

amd 2014 No. 48s 183sch 1

270ZF Protection of confidential information given for investigation

(1)This section applies if—

(a)QCA is conducting an investigation to find out whether a distributor is complying with a distribution network code; and

(b)the distributor gives QCA information for the purpose of the investigation, whether or not the giving of the information was required under section 270ZE.

(2)The QCA Act, section 187 applies as if the information had been made available for an investigation under that Act.

(3)In this section—

information includes a document.

s 270ZF ins 2006 No. 60s 145

amd 2014 No. 48s 183sch 1

ch 5A pt 5 div 5 hdg ins 2006 No. 60s 145

270ZG QCA’s powers concerning audit of compliance with distribution network code

(1)QCA may, by notice to a distributor, require the distributor to—

(a)carry out an internal audit of all or any of the following—

(i)the distributor’s compliance with a distribution network code, either generally or about a stated particular matter or matters;

(ii)the reliability and quality of information given by the distributor to QCA, under this Act; or

(b)appoint a person as an independent auditor to carry out an audit of all or any of the things mentioned in paragraph (a).

(2)The notice may state terms of reference QCA requires for carrying out the audit.

(3)QCA may appoint a person as an independent auditor to carry out an audit of all or any of the things mentioned in subsection (1)(a) concerning the distributor, if—

(a)the distributor does not comply with a notice given to it under the subsection; or

(b)QCA reasonably considers that a person appointed under subsection (1) does not have appropriate qualifications or experience for carrying out the audit.

(4)A person may be appointed as an independent auditor under subsection (1)(b) or (3) only if the appointer reasonably considers the person has the appropriate qualifications or experience for carrying out the audit.

s 270ZG ins 2006 No. 60s 145

amd 2014 No. 48s 183sch 1

270ZH Responsibility for cost of audit

(1)A distributor required under section 270ZG(1) to carry out, or appoint an independent auditor to carry out, an audit is responsible for the cost of the audit.

(2)If QCA appoints an independent auditor to carry out an audit concerning a distributor, the distributor must reimburse QCA for the cost of the audit if required to do so by QCA.

s 270ZH ins 2006 No. 60s 145

amd 2014 No. 48s 183sch 1

270ZI Independent auditor may require reasonable help or information

(1)An independent auditor appointed under section 270ZG to carry out an audit concerning a distributor may require the distributor to give the auditor—

(a)reasonable help to carry out the audit; or

Examples—

•access to the distributor’s premises and records

•help from the distributor’s employees

(b)information, in a form reasonably required by the auditor, to help the auditor carry out the audit.

(2)A distributor required to give reasonable help under subsection (1)(a), or information under subsection (1)(b), must comply with the requirement unless the distributor has a reasonable excuse.

Maximum penalty—1000 penalty units.

(3)If the distributor is an individual, it is a reasonable excuse for the individual not to comply with the requirement if complying with the requirement might tend to incriminate the individual.

s 270ZI ins 2006 No. 60s 145

amd 2014 No. 48s 183sch 1

270ZJ Audit report and submissions on report

(1)A distributor required under section 270ZG(1) to carry out, or appoint an independent auditor to carry out, an audit must give a copy of the audit report to QCA.

(2)The copy must be given as soon as practicable after the audit is completed.

(3)If QCA appoints an independent auditor to carry out an audit concerning a distributor, QCA must give the distributor—

(a)a copy of the draft audit report and an opportunity to make submissions to QCA on the draft report; and

(b)a copy of the final audit report and an opportunity to make further submissions to QCA on the final report.

s 270ZJ ins 2006 No. 60s 145

amd 2014 No. 48s 183sch 1

ch 5A pt 6 hdg ins 2006 No. 60s 145 (amd 2007 No. 29s 13)

270ZJA Relationship with Fair Trading Act 1989

To remove any doubt, it is declared that a distribution network code does not limit or otherwise affect the operation of the Fair Trading Act 1989, including the Australian Consumer Law (Queensland) forming part of that Act.

s 270ZJA ins 2006 No. 60s 145 (amd 2007 No. 29s 13)

amd 2010 No. 54s 67 sch; 2014 No. 48 ss 159, 183 sch 1

ch 6 pt 1A hdg ins 2006 No. 60s 146

270ZK Application of pt 1A

(1)This part applies if—

(a)any of the following are referred to the regulator in relation to a distributor—

(i)a material contravention of a distribution network code, referred under section 270ZA or 270ZB;

(ii)a contravention of a compliance direction under the Energy and Water Ombudsman Act 2006, referred under section 46 of that Act; or

(b)a distributor does not comply with a condition of the distributor’s authority under this Act in relation to the Energy and Water Ombudsman Act 2006.

(2)However, if the contravention is a contravention of a distribution network code, this part applies only if QCA has not applied for a civil penalty order under section 270W.

(3)To remove any doubt, it is declared that this part does not limit or otherwise affect the taking of action or proposed action under chapter 2, part 1, division 3 concerning an authority under this Act held by the distributor.

s 270ZK ins 2006 No. 60s 146

amd 2010 No. 53s 258sch 2; 2014 No. 48s 161

270ZL Regulator may impose civil penalty

(1)The regulator may, for the State, impose a civil penalty on the distributor of no more than the monetary value of 1333 penalty units.

(2)However, the power under subsection (1) may be exercised only if—

(a)the regulator has given the distributor a notice stating each of the following—

(i)that the regulator proposes to impose the penalty;

(ii)the grounds for imposing the proposed penalty;

(iii)the facts and circumstances that are the basis for the grounds;

(iv)that the distributor may, within a stated period of at least 20 business days, make written submissions to show why the penalty should not be imposed; and

Note—

See also chapter 6, part 3, division 3 (Provisions for civil penalty proceedings).

(b)the regulator has considered any written submissions made under paragraph (a)(iv) within the period stated in the notice.

s 270ZL ins 2006 No. 60s 146

amd 2014 No. 48s 162

270ZM Information notice about and taking effect of decision

(1)If the regulator decides to impose the civil penalty, the regulator must, as soon as practicable after making the decision, give the distributor a QCAT information notice about the decision.

(2)The decision takes effect on the later of the following days—

(a)the day the QCAT information notice is given;

(b)a later day of effect stated in the notice.

s 270ZM ins 2006 No. 60s 146

amd 2009 No. 24s 571; 2014 No. 48s 163

270ZN Civil penalty recoverable as a debt

If the regulator imposes the civil penalty, the State may recover the amount of the penalty as a debt.

s 270ZN ins 2006 No. 60s 146

ch 6 pt 1B hdg ins 2014 No. 48s 164

ch 6 pt 1B div 1 hdg ins 2014 No. 48s 164

ch 6 pt 1B div 1 hdg ins 2014 No. 48s 164

271AA Application of pt 1B

This part applies if the regulator suspects—

(a)a retailer has contravened, or is contravening, section 175A; and

(b)the contravention is likely to be a material contravention of section 175A.

s 271AA ins 2014 No. 48s 164

271AB Criteria for deciding material contravention

(1)This section applies to the making of any decision under this Act about whether a contravention of section 175A is a material contravention of the section.

(2)The regulator must have regard to the objects of the Act.

(3)Subsection (2) does not limit or otherwise affect what may be considered in making the decision.

s 271AB ins 2014 No. 48s 164

ch 6 pt 1B div 1 hdg ins 2014 No. 48s 164

271AC Warning notice may be given

(1)The regulator may give the retailer a notice (the warning notice), warning the retailer that the regulator proposes to give the retailer a further notice about the contravention (a contravention notice).

(2)The regulator must make the decision about whether to give the warning notice as soon as practicable after forming the suspicion.

(3)However, a failure to comply with subsection (2) does not affect the validity of the warning notice or any subsequent contravention notice.

(4)Despite subsections (2) and (3), if the regulator proposes to give a warning notice for a contravention, it can only be given within 2 years after the day on which the contravention happened.

s 271AC ins 2014 No. 48s 164

271AD Requirements for warning notice

(1)The warning notice must state each of the following—

(a)particulars of the contravention;

(b)that the regulator proposes to give the retailer a contravention notice unless the retailer—

(i)takes steps reasonably necessary to remedy the contravention; and

(ii)gives the regulator a written assurance, in the terms stated in the warning notice, that the retailer will—

(A)avoid any similar future contravention; and

(B)take steps reasonably necessary to avoid a future recurrence of the contravention;

(c)a period (the warning period) after which the contravention notice may be given unless the warning notice is complied with;

(d)that the retailer may make, within the warning period, written submissions to show why the proposed contravention notice should not be given.

(2)The warning period must be—

(a)if the warning notice is given because the regulator considers the contravention is of a type that requires urgent action—a period that the regulator considers is reasonable in the circumstances; or

(b)otherwise—at least 20 business days.

(3)The warning notice may also state the steps the regulator reasonably believes are necessary to remedy the contravention or avoid its future recurrence.

Example of a step that may remedy a contravention—

paying compensation to someone who has suffered damage, injury or loss because of the contravention

s 271AD ins 2014 No. 48s 164

271AE Considering submissions on warning notice

(1)The regulator must consider any written submission made under section 271AD(1)(d) by the retailer within the warning period stated in the warning notice.

(2)If the regulator at any time decides not to give the proposed contravention notice, it must, as soon as practicable, give the distributor or retailer notice of the decision.

s 271AE ins 2014 No. 48s 164

ch 6 pt 1B div 1 hdg ins 2014 No. 48s 164

271AF Giving of contravention notice

(1)The regulator may give the proposed contravention notice if—

(a)the retailer has not complied with the warning notice; and

(b)after complying with section 271AE, the regulator still believes the contravention notice ought to be given.

(2)The contravention notice must state—

(a)that the retailer has contravened, or is contravening, section 175A; or

(b)the contravention is likely to be a material contravention of the section.

s 271AF ins 2014 No. 48s 164

271AG Duration of contravention notice

The contravention notice—

(a)comes into effect—

(i)when it is made; or

(ii)if it states a later time—at the later time; and

(b)ends—

(i)on the day stated in the notice; or

(ii)if it is cancelled before that day—when it is cancelled.

s 271AG ins 2014 No. 48s 164

ch 6 pt 1B div 2 hdg ins 2014 No. 48s 164

271AHProceeding for civil penalty order

(1)This section applies if, on the application of the regulator, the Supreme Court is satisfied the retailer has—

(a)committed a material contravention of section 175A; or

(b)attempted to commit a material contravention of section 175A; or

(c)been involved in a material contravention of section 175A.

(2)The court may order the retailer to pay the State as a civil penalty an amount of no more than—

(a)for an individual—$100,000; or

(b)for a corporation—$500,000.

(3)In fixing the penalty, the court must consider—

(a)the nature and extent of—

(i)the contravention; and

(ii)loss or damage suffered because of the contravention; and

(b)the circumstances in which the contravention took place; and

(c)whether the retailer has previously been found by the court in proceedings under this Act to have engaged in any similar conduct.

(4)For subsection (1)(c), a distributor or retailer is involved in a contravention if the distributor or retailer—

(a)has aided, abetted, counselled or procured the contravention; or

(b)has induced the contravention, whether through threats, promises or in another way; or

(c)has been in any way, directly or indirectly, knowingly concerned in, or a party to, the contravention; or

(d)has conspired with others to effect the contravention.

s 271AH ins 2014 No. 48s 164

271AI How order enforced

If the Supreme Court orders payment of an amount under section 271AH(2), the State may enforce the order as a judgment of the court for a debt of that amount.

s 271AI ins 2014 No. 48s 164

271AJ Injunctions

(1)The Supreme Court may, on the application of the regulator, grant an injunction if satisfied the retailer has engaged, or is proposing to engage, in conduct that constitutes, or would constitute any of the following—

(a)a contravention of section 175A;

(b)attempting to contravene section 175A.

(2)An injunction may be granted on conditions.

(3)The court may also grant an injunction by consent of all parties to the application, whether or not the court is satisfied the retailer has engaged, or is proposing to engage, in conduct of a kind mentioned in subsection (1).

(4)The court may grant an interim injunction pending its decision on the application.

(5)The court must not require anyone, as a condition of granting an interim injunction, to give an undertaking as to damages.

(6)The court may amend an injunction or interim injunction.

(7)An injunction or interim injunction restraining the retailer from engaging in conduct may be granted whether or not—

(a)it appears to the court that the retailer intends to engage again, or to continue to engage, in conduct of that kind; or

(b)the retailer has previously engaged in conduct of that kind; or

(c)there is an imminent danger of substantial damage to another person if the retailer engages in conduct of that kind.

(8)An injunction or interim injunction requiring the retailer to do an act or thing may be granted whether or not—

(a)it appears to the court that the retailer intends to fail again, or to continue to fail, to do that act or thing; or

(b)the retailer has previously failed to do the act or thing; or

(c)there is an imminent danger of substantial damage to another person if the retailer does not do the act or thing.

s 271AJ ins 2014 No. 48s 164

271AKConduct by directors, servants or agents

(1)This section applies to a proceeding for a civil penalty, an interim injunction or an injunction under this division.

(2)If—

(a)the proceeding concerns alleged conduct engaged in by the retailer; and

(b)it is necessary to prove the retailer’s state of mind;

      it is enough to prove that a director, servant or agent (a representative) of the distributor or retailer, acting within the scope of the representative’s actual or apparent authority, had the state of mind.

(3)Conduct engaged in for a retailer by the following persons is taken to have been engaged in by the retailer—

(a)a representative of the retailer, acting within the scope of the representative’s actual or apparent authority;

(b)another person at the direction, or with the consent or agreement, of a representative of the retailer, if the giving of the direction, consent or agreement was within the scope of the representative’s actual or apparent authority.

(4)Conduct engaged in for a retailer by the following persons is taken to have been engaged in by the principal—

(a)a servant or agent of the retailer, acting within the scope of the servant’s or agent’s actual or apparent authority;

(b)another person at the direction or with the consent or agreement, of a servant or agent of the retailer, if the giving of the direction, consent or agreement was within the scope of the servant’s or agent’s actual or apparent authority.

(5)In this section—

consent or agreement includes an implied consent or agreement.

state of mind, of a person, may include—

(a)knowledge, intention, opinion, belief or purpose of the person; and

(b)the person’s reasons for the person’s intention, opinion, belief or purpose.

s 271AK ins 2014 No. 48s 164

ch 6 pt 1B div 3 hdg ins 2014 No. 48s 164

271ALNotice to produce documents or information

(1)This section applies if the regulator is conducting an investigation to find out whether the retailer is complying with section 175A.

(2)The regulator may, by written notice to the retailer, require the retailer to give the regulator all or any the following things the regulator believes, on reasonable grounds, are relevant to the investigation—

(a)information within the retailer’s knowledge or possession;

(b)documents in the retailer’s custody, possession or power.

(3)The notice must state—

(a)the information or documents required; and

(b)a period in which the information or documents must be given of no less than 7 days; and

(c)a reasonable place at which the information or documents must be given.

(4)The retailer must comply with the notice, unless it has a reasonable excuse.

Maximum penalty—500 penalty units.

(5)The retailer is not required to comply with the notice if the retailer claims, on the ground of self-incrimination, a privilege the retailer would be entitled to claim against giving the information or documents were the retailer a witness in a prosecution for an offence in the Supreme Court.

(6)If the retailer claims that complying with the notice may tend to incriminate it, the regulator or retailer may make an application to the Supreme Court to decide the validity of the claim.

s 271AL ins 2014 No. 48s 164

ch 6 pt 1 hdg amd 2009 No. 24s 572

ch 6 pt 1 div 1 hdg sub 2009 No. 24s 573

271Who may apply for internal review

(1)A person who has been given, or is entitled to be given, an information notice about a decision under this Act mentioned in schedule 1 (an original decision) may apply for an internal review of the decision (an internal review application).

(2)An internal review application may be made only to the following person (the reviewer)—

(a)if the original decision to which the application relates was made by the regulator—the Minister;

(b)otherwise—the regulator.

s 271 amd 2006 No. 60s 58 sch; 2009 No. 24s 574

272Requirements for making internal review application

(1)An internal review application must be—

(a)made within 20 business days after—

(i)if the person has been given an information notice about the original decision to which the application relates—the day the person is given the notice; or

(ii)if subparagraph (i) does not apply—the day the person otherwise becomes aware of the original decision; and

(b)made in the approved form; and

(c)accompanied by a statement of the grounds on which the applicant seeks the review of the decision; and

(d)supported by enough information to enable the decision to be reviewed.

(2)However, the reviewer may extend the period for making the application.

s 272 amd 2009 No. 24s 575

273Stay of operation of original decision

(1)The reviewer may grant a stay of the original decision to secure the effectiveness of the internal review.

(2)A stay—

(a)may be given on the conditions the reviewer considers appropriate; and

(b)operates for the period fixed by the reviewer; and

(c)may be amended or cancelled by the reviewer.

(3)The period of a stay under this section must not extend past the time when the reviewer decides the internal review.

(4)The internal review affects the decision, or carrying out of the decision, only if it is stayed.

s 273 amd 2009 No. 24s 576

274Internal review decision

(1)The reviewer must, within 20 business days after the internal review application is made—

(a)review the original decision; and

(b)make a decision (the internal review decision) to—

(i)confirm the original decision; or

(ii)amend the original decision; or

(iii)substitute another decision for the original decision.

(2)If the internal review decision confirms the original decision, for the purpose of an application for external review, the original decision is taken to be the internal review decision.

(3)If the internal review decision amends the original decision, for the purpose of an application for external review, the original decision as amended is taken to be the internal review decision.

s 274 sub 2009 No. 24s 577

275Internal review procedure

(1)An internal review application for an original decision, other than an original decision made by the reviewer personally, must not be dealt with by—

(a)the person who made the decision; or

(b)a person in a less senior office than the person who made the decision.

(2)Subsection (1) applies despite the Acts Interpretation Act 1954, section 27A(7).

(3)The reviewer may, in making the internal review decision, seek and take into account advice or information from any other person, including, for example, a review panel established by the reviewer.

s 275 amd 2009 No. 24s 578

276Reviewer may seek advice or information

(1)To help the reviewer make the internal review decision, the reviewer may seek advice or information from any other person.

(2)The matters the reviewer may take into account in making the internal review decision include any advice or information obtained under subsection (1) for the decision or another internal review decision the reviewer has been asked to make.

(3)If the reviewer obtains advice or information under subsection (1) for the internal review decision or, in making the decision, takes into account advice or information the reviewer obtained for another internal review decision, the reviewer must—

(a)if the advice or information is written—give a copy to the parties to the internal review; or

(b)if the advice or information is oral—disclose the substance of the advice to the parties.

s 276 amd 2009 No. 24s 579

277Offence about disclosure of advice or information

(1)This section applies if, under section 276, the reviewer gives a copy of advice or information, or discloses the substance of advice or information, to a party to the internal review.

(2)The party must not disclose the advice or information to another person unless the party has a reasonable excuse.

Maximum penalty—20 penalty units.

(3)It is a reasonable excuse for the party to make the disclosure if the disclosure is for the internal review or an external review of the internal review decision.

s 277 amd 2009 No. 24s 580