Energy Coordination Act 1994

The Governor may by order published in the Gazette exempt any person or class of persons from all or any of the provisions of section 11G.

An exemption may be expressed to apply —

generally; or

only in respect of a specified supply area or a specified part of a supply area.

An order under subsection (1) may provide for circumstances in which, and conditions subject to which, an exemption is to apply.

An exemption is of no effect at any time when a condition to which it is subject is not being observed.

The Governor must not make an order under subsection (1) unless he or she is satisfied that it would not be contrary to the public interest to do so.

The Governor, in determining whether the making of the order would not be contrary to the public interest, may take into account one or more of the following matters —

environmental considerations;

social welfare and equity considerations, including community service obligations;

economic and regional development, including employment and investment growth;

the interests of gas customers generally or of a class of gas customers;

the interests of any licensee, or applicant for a licence, in respect of the supply area or part of a supply area to which the order, if made, would apply;

the importance of competition in gas industry markets;

the policy objectives of government in relation to the supply of gas;

any other matter that he or she considers relevant.

Section 43(4) and (7) to (9) of the Interpretation Act 1984 apply to an order under subsection (1) as if the order were subsidiary legislation.