Gas Industry Act 2019

The Regulator, within 40 business days after the later of the following:receiving an application for the grant of a licence; the provision of any further relevant information required under section 21(5) in relation to an application for the grant of a licence – must determine the application by – granting the licence; or refusing to grant the licence.

The Regulator may only grant a licence if the Regulator is satisfied that – the applicant is a body corporate or a partnership of 2 or more bodies corporate; and the applicant is suitable to hold the licence; and if the licence is to authorise the construction of, or alteration to, gas infrastructure – any other permit or other authority required by or under another Act of the State or the Commonwealth has been granted to the applicant or in relation to the gas infrastructure; and the applicant can demonstrate that the applicant has complied with, or intends to comply with, the requirements of this Act.

In deciding whether an applicant is a suitable person to hold a licence, the Regulator may consider – the applicant's previous commercial and other dealings and the standard of honesty and integrity shown in those dealings; and the financial, technical and human resources available to the applicant; and the officers and, if applicable, major shareholders, of the applicant and their previous commercial and other dealings and the standard of honesty and integrity shown in those dealings (including breaches of statutory and other legal obligations); and any other matters prescribed by the regulations.

The Regulator may only grant a gas infrastructure licence if the Regulator has been provided with a copy of a certificate issued under the Gas Safety Act 2019 certifying that the gas infrastructure is, or the proposed gas infrastructure will be, able to safely convey, or safely process, the regulated substance intended to be processed or conveyed under the licence.

The Regulator may not grant a licence that authorises the carrying out of both the selling of gas by retail and gas infrastructure activities, but, where the holder of a licence holds, or may hold, both such licences, may include in either or both such licences terms or conditions necessary to ensure that the carrying out of operations and business under each of the licences is adequately separate from the carrying out of operations and business under each of the other licences.

As soon as practicable after determining under subsection (1) an application for the grant of a licence, the Regulator is to – notify of the determination the person who made the application and, if the determination was to refuse to grant the licence, the reasons for the determination; and publish notice of the determination in the Gazette or in another manner that the Regulator considers appropriate.