Gas Industry Act 2019

In this section – appliance has the same meaning as in the Gas Safety Act 2019.

The Minister, by notice to a gas retailer that sells natural gas to customers at residential premises, may require the gas retailer to offer to enter into a contract, approved by the Minister under subsection (5) with each person – who is a member of a class of customers, specified in the notice, that is specified in an order under subsection (3); and who resides at residential premises in respect of which there is an appliance; and who requests the gas retailer to sell natural gas to the premises – and to sell natural gas in accordance with such a contract that is entered into by such a person.

The Minister, by order, may determine a class of customers for the purposes of this section.

The Minister may only specify a class of customers in an order under subsection (3) if the Minister is satisfied that – it is unlikely that a gas retailer that sells natural gas will offer to enter into, with members of the class, contracts to sell, by retail, natural gas to members of the class at residential premises occupied by such members, on terms and conditions which are consistent with any code issued and in force under this Act; and significant hardship may be caused to members of the class if no licensee offers to enter into, with members of the class, contracts to sell, by retail, natural gas to the members of the class on such terms and conditions.

The Minister, after consultation with a licensee, may approve, by order, a contract for sale of natural gas by retail – to a class of customers determined under subsection (3); and on terms and conditions which are consistent with any code issued and in force under this Act.

A licensee to which a notice under subsection (2) is issued, must comply with a requirement of the notice. Fine not exceeding 500 penalty units.

It is a defence to a charge of failing to comply with a notice under subsection (6) in relation to a person who is a member of a class of customers to which a notice under subsection (2) relates if the licensee so charged establishes that – the failure arises out of any accident or cause beyond the control of the licensee; or compliance with the notice would, or would be reasonably likely to, result in a risk to – a person's safety; or the operation or security of gas infrastructure.