Utilities (Gas Restrictions) Regulation 2005

This regulation is the Utilities (Gas Restrictions) Regulation 2005.

The dictionary at the end of this regulation is part of this regulation.

Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘emergency controller—see the Emergencies Act 2004, dictionary’ means that the term ‘emergency controller’ is defined in that dictionary and the definition applies to this regulation.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this regulation is explanatory and is not part of this regulation.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this regulation.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2 Gas restriction scheme

The Minister may approve a scheme to restrict the use of gas (the approved gas restriction scheme) if satisfied that the scheme is necessary, if there is a shortage of gas, to—

facilitate, as far as practicable, the provision of efficient, reliable and sustainable gas services by utilities to consumers; or

protect the interests of consumers; or

manage the safety and security of the gas network and the supply of gas to the network; or

protect public safety.

The approved scheme is a disallowable instrument.

Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

The Minister may approve a gas restriction scheme under section 6 only if the scheme provides for a range of restriction measures that may be imposed under the scheme.

An approved gas restriction scheme may include provision for a utility to exempt a consumer from a gas restriction if the restriction would cause the consumer serious detriment.

The director‑general must name a place where copies of a document or documents setting out the approved gas restriction scheme may be inspected.

An instrument under subsection (1) is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act.

The Minister may declare that an approved gas restriction scheme is in force.

The declaration must state—

the restriction measures, including their duration or maximum duration, that may be imposed under the scheme; and

that a utility may, under section 10, impose those restriction measures; and

the period (not longer than 3 months) the declaration is in force.

To remove any doubt, the Minister may make more than 1 declaration in relation to an approved gas restriction scheme.

A declaration is a notifiable instrument.

Note 1 A notifiable instrument must be notified under the Legislation Act.

Note 2 The power to make a declaration includes the power to repeal the declaration (see Legislation Act, s 46).

A utility may, in writing, impose gas restriction measures under a gas restriction scheme in force under section 9.

Note A power given under an Act to make a statutory instrument includes the power to amend or repeal the instrument (see Legislation Act, s 46).

The imposition must be in accordance with the approved gas restriction scheme.

As soon as possible after imposing gas restriction measures, the utility must—

ensure that notice of the imposition is broadcast in the ACT by television or radio; and

give notice of the imposition on the utility’s internet website; and

give public notice of the imposition.

Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1).

To remove any doubt, the utility may impose gas restriction measures more than once under a gas restriction scheme in force under section 9.

A failure to comply with subsection (3) does not affect the validity of the imposition.

The director‑general may require a utility to give the director‑general reports about the effectiveness and operation of restrictions imposed by the utility under an approved gas restriction scheme.

The requirement may include requirements about the content, frequency and timing of reports.

A utility must comply with the requirement.

Restrictions imposed under this regulation have effect subject to the exercise of a function by an emergency controller under the Emergencies Act 2004.

Part 3 Enforcement

In this part:

gas restriction means a gas restriction measure imposed under section 9 (Declaration of gas restriction scheme).