Gas Supply Act 2003

The regulator may amend, cancel or suspend a distribution authority if—

an event mentioned in subsection (2) has happened; and

either—

for immediate suspension—the procedure under section 58 is followed; or

for cancellation or suspension other than immediate suspension—the procedure under subdivision 5 is followed.

For subsection (1), the event is that the distributor—

obtained the authority because of a materially false or misleading declaration or representation, made orally or in writing; or

is, or is likely to become, unsuitable to hold, or continue to hold, the authority, including, for example because of a contravention of any of the following by the distributor or, if the distributor is a corporation, any executive officer of, or substantial shareholder in, the corporation—

this Act;

the Petroleum and Gas (Production and Safety) Act or another relevant Act;

a direction given under this Act, the Petroleum and Gas (Production and Safety) Act or another relevant Act;

the authority;

a distribution network code, in a material way;Note—

the gas retail market procedures if AEMO decides under the National Gas (Queensland) Law, section 91MB, the contravention is a material breach of the procedures; or

has contravened, or is contravening, section 41; or

has used the authority for a purpose other than for a purpose for which it was issued.

In deciding whether the distributor is a suitable person to hold, or continue to hold, the authority the regulator must have regard to the suitability criteria.