Gas Industry Amendment Act 2020

Gas Industry Amendment Act 2020

An Act to amend the Gas Industry Act 2019

Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Gas Industry Amendment Act 2020 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Principal Act

In this Act, the Gas Industry Act 2019 is referred to as the Principal Act.

4.    Section 3 amended (Interpretation)

Section 3 of the Principal Act is amended as follows:

(a) by inserting the following definition after the definition of available for supply in subsection (1) :

business customer means a customer who is not a residential customer;

(b) by inserting the following definition after the definition of Regulator in subsection (1) :

residential customer means a customer who purchases gas principally for personal, household or domestic use;

(c) by inserting the following definition after the definition of sell in subsection (1) :

small customer means –

(a) a residential customer; or

(b) a business customer whose consumption of gas is not more than one terajoule per annum;

(d) by omitting subsection (2) and substituting the following subsection:

(2)  In this Act, a reference to the retailing of gas or the selling of gas by retail –

(a) is a reference to the sale of gas by a licensee to a person for consumption where the gas is to be conveyed (whether or not by the seller) to the person by a distribution system; but

(b) does not include an activity declared by the regulations not to be the selling of gas by retail.

5.    Section 97 amended (Issue of codes)

Section 97(1) of the Principal Act is amended by inserting "for the purposes of this Act, including for the protection of small customers" after "codes".

6.    Section 99 substituted

Section 99 of the Principal Act is repealed and the following section is substituted:

99.   Review, amendment and replacement of gas codes

(1)  The Regulator may, on its own initiative or at the request of any person, review, amend, rescind or replace any code.

(2)  The Regulator is to review a code when required to do so by the Minister.

(3)  Before the Regulator reviews, amends, rescinds or replaces a code issued by the Minister, the Regulator must notify the Minister of the Regulator’s intention to do so.

(4)  If the Regulator amends, rescinds or replaces a code, the Regulator is to notify the Minister of the amendment, rescission or replacement.

(5)  The Minister may review, amend, rescind or replace any code.

(6)  Before the Minister reviews, amends, rescinds or replaces a code issued by the Regulator, the Minister must notify the Regulator of the Minister’s intention to do so.

(7)  If the Minister amends, rescinds or replaces a code, the Minister is to notify the Regulator of the amendment, rescission or replacement.

7.   Repeal of Act

This Act is repealed on the first anniversary of the day on which it commenced.

[Second reading presentation speech made in:

House of Assembly on 10 NOVEMBER 2020

Legislative Council on 18 NOVEMBER 2020]