Minister’s power to give directions while declaration in force
254 Minister’s power to give directions while declaration in force
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 a covered gas to customers in the area the subject of an insufficiency of supply declaration—
an industry participant;
a stated customer, or type of customer;
AEMO.
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.
A failure to comply with subsection (2) does not invalidate or otherwise affect the direction.
Subsection (1)(a) applies even if the person or the relevant business of the person is not in the area.
The direction may be given in any way the Minister considers appropriate including, for example, by—
publishing a notice in a newspaper; or
television transmission or radio broadcast.
Examples of possible insufficiency of supply directions—
1 a direction to control, direct, restrict, or prohibit the production, distribution, supply, or the consumption or use of, the covered gas
2 a direction to a person who extracts, produces, transports or distributes the covered gas to extract, produce or transport it for supply, or to extract produce, transport or distribute it in a stated way
3 a direction to comply with stated conditions for the extraction, production, distribution, supply or consumption or use of the covered gas
4 a direction to carry out stated work to ensure the production, distribution or transportation or supply of the covered gas
5 a direction to make available stated gas infrastructure
6 a direction not to operate or use stated gas infrastructure, or to use it only with the Minister’s consent
7 a direction fixing prices for the covered gas
8 directing 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 the covered gas in the area
9 a direction to comply with a contingency supply plan made for the State by the regulator
This Act’s bill:Explanatory memorandum
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