Gas Supply Act 2003

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

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

The main purposes of this Act are to—

promote efficient and economical supply of covered gases; and

ensure the interests of customers are protected by—

regulating the distribution services for reticulated covered gases; and

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.

This Act does not—

provide for the safety of persons involved in, or who may be affected by, the supply or use of covered gases; or

provide for the measurement or quality of covered gases; or

regulate gases other than—

covered gases; and

LPG, in relation to LPG distribution pipelines and LPG distribution systems.

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.

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

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.

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

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

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.

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.

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.

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

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

The chief executive of the department is the regulator.

A covered gas is a primary gas or a gas blend.

A primary gas is—

processed natural gas; or

hydrogen; or

biomethane; or

synthetic methane; or

a gas, prescribed by regulation, that is suitable for consumption.

Processed natural gas is a substance that—

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

consists of hydrocarbons that occur naturally and other substances; and

is more than half, by volume, methane; and

has been processed to be suitable for consumption.

In this section—

biogas means a gas derived or recovered from organic matter other than fossilised organic matter.

biomethane means a substance—

that is in a gaseous state at standard temperature and pressure; and

the principal constituent of which is methane; and

that is produced by refining biogas; and

that is suitable for consumption.

gas blend means primary gases that have been blended together to be suitable for consumption.

synthetic methane means a substance—

that is in a gaseous state at standard temperature and pressure; and

the principal constituent of which is methane; and

that is produced by the methanation of carbon dioxide; and

that is suitable for consumption.

[repealed]

[repealed]