Gas Act 1997 (SA)

South Australia Gas Act 1997 An Act to regulate the gas supply industry; to make provision for safety and technical standards for gas infrastructure, installations and fitting work; to repeal the Gas Act 1988; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Objects 4 Interpretation 5 Crown bound 6 Environment protection and other statutory requirements not affected Part 2—Administration Division A1—Essential Services Commission 6A Functions and powers of Commission Division 1—Technical Regulator 7 Technical Regulator 8 Functions of Technical Regulator 9 Delegation 10 Technical Regulator's power to require information 11 Obligation to preserve confidentiality 14 Annual report Division 2—Advisory committees 15 Consumer advisory committee 16 Technical advisory committee 17 Other advisory committees Part 3—Gas supply industry Division A1—Declaration as regulated industry 18B Declaration as regulated industry Division A2—Application of provisions 18C Application of provisions Division 1—Licensing of gas entities 19 Requirement for licence 20 Application for licence 21 Consideration of application 21A Licences may be held jointly 22 Authority conferred by licence 23 Term of licence 24 Licence fees and returns 25 Licence conditions 26 Licences authorising operation of distribution system 26A Licences authorising retailing 26B Licence conditions and national energy laws 27 Offence to contravene licence conditions 29 Variation of licence 30 Transfer of licence 30A Consultation with consumer bodies 30B Notice of licence decisions 31 Surrender of licence 32 Register of licences 32A Licence is not personal property for the purposes of Commonwealth Act Division 2—Price regulation 33 Price regulation by determination of Commission Division 3—Standard terms and conditions for retailing of gas 34 Standard terms and conditions for retailing of gas Division 3A—Standing contracts and default contracts 34A Standing contracts 34B Default contracts Division 4—Protection of property in gas infrastructure 35 Gas infrastructure does not merge with land 36 Seizure and dismantling of gas infrastructure Division 5—Temporary gas rationing 37 Temporary gas rationing 37A Minister's power to require information or documents 37AB Obligation to preserve confidentiality 37AC Regulations relating to gas rationing 37AD Prosecution for contravention of Division requires Minister's consent 37B Manner in which notices may be given 37C Minister's power to delegate Division 6—Suspension or cancellation of licences 38 Suspension or cancellation of licences Division 7—Commission's powers to take over operations 39 Power to take over operations 40 Appointment of operator Part 4—Gas entities' powers and duties Division 1—Gas officers 42 Appointment of gas officers 43 Conditions of appointment 44 Gas officer's identity card 45 Production of identity card Division 1A—General investigative powers of gas officers 45A General investigative powers of gas officers Division 2—Powers and duties relating to gas infrastructure 46 Acquisition of land 47 Power to carry out work on public land 48 Power to enter for purposes related to gas entity's infrastructure Division 3—Powers relating to gas installations 49 Entry to inspect etc gas installations 50 Entry to read meters etc 51 Entry to disconnect supply 52 Disconnection of supply if entry refused Division 4—Powers and duties in emergencies 53 Gas entity may cut off gas supply to avert danger 54 Emergency legislation not affected Part 5—Safety and technical issues 55 Responsibility of owner or operator of infrastructure or installation 55A Safety, reliability, maintenance and technical management plans 56 Certain gas fitting work 56A Design of gas installations 57 Power to require rectification etc in relation to infrastructure or installations 57A Prohibition of sale or use of unsafe components for infrastructure or installations 57B Public warning statements about unsafe gas installations, components, practices etc 57C Immunity from liability 58 Reporting of accidents etc Part 5A—Regulation of NERL retailers 59 Application of Part 59AA Interpretation 59A Compliance with certain code provisions under Essential Services Commission Act 2002 and requirements of regulations 59B Participation in ombudsman scheme 59C Compliance with customer concessions scheme and performance of community service obligations 59D NERL retailers to match available gas to customers' estimated aggregate demand 59E NERL retailers annual administration fee Part 6—Enforcement Division A1—Warning notices and assurances 61A Warning notices 61AB Assurances 61B Register of warning notices and assurances 61BA Offence to act contrary to assurance 61BB Enforcement orders in relation to assurances Division A2—Injunctions 61C Injunctions Division A3—Enforcement notices 61D Enforcement notices Division 1—Appointment of authorised officers 62 Appointment of authorised officers 63 Conditions of appointment 64 Authorised officer's identity card 65 Production of identity card Division 2—Authorised officers' powers 66 Power of entry 67 General investigative powers of authorised officers 68 Disconnection of gas supply 69 Power to make infrastructure or installation safe 70 Power to require information or documents Division 3—Related matters 70A Self‑incrimination Part 7—Reviews 71 Review of decisions by Commission or Technical Regulator 72 Review by Tribunal 73 Minister's power to intervene Part 8—Miscellaneous 77 Power of exemption 77A Register of exemptions 78 Obligation to comply with conditions of exemption 78A Delegation by Minister 78B Gas infrastructure and liability to council rates 79 Application and issue of warrant 80 Urgent situations 81 Unlawful interference with distribution system or gas installation 82 Unlawful abstraction or diversion of gas 83 Notice of work that may affect gas infrastructure 84 Impersonation of officials etc 85 Obstruction 86 False or misleading information 87 Statutory declarations 87A Offences 88 General defence 89 Offences by bodies corporate 89A Imputing conduct to bodies corporate 90 Continuing offences 91 Order for payment of profit from contravention 91A Energy productivity shortfalls 93 Evidence 94 Service 95 Regulations Schedule 1—Repeal and transitional provisions 1 Repeal of Gas Act 1988 2 Transitional provision—licensed supplier of reticulated gas under repealed Act Legislative history