Gas Supply (Gas Quality Specifications) Act 2009

The Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed for giving effect to the purposes of this Act.

The regulations may do the following —

provide for and in relation to the giving, publishing and verification of information relating to the purposes of this Act, including information relating to the following —

the entering into, amendment or content of a pipeline impact agreement or other contract;

the supply of gas that will flow into a gas transmission pipeline;

the actual, calculated or hypothetical quantity and quality of gas flowing into or out of a gas transmission pipeline or past specified points on a gas transmission pipeline;

limit the liability a person has in relation to information given or published under paragraph (a);

provide for and in relation to the imposition of standards in relation to measuring gas quantity and quality;

provide that equipment for measuring gas quantity and quality is to be treated as accurate in specified circumstances;

modify the application of the provisions of Part 2 to particular persons, circumstances or things in respect of which the provisions would not otherwise apply so as to give effect to the purposes of that Part;

provide for the exclusivity of the jurisdiction of an arbitrator or expert under section 9, 11 or 16, including in relation to other dispute resolution procedures under other written laws;

provide for the extent to which the rules of evidence apply during the resolution of disputes under section 9, 11 or 16;

provide for and in relation to the imposition and payment of fees and charges in connection with the performance of the functions of an arbitrator or expert under section 9, 11 or 16;

provide that contravention of a provision of the regulations is an offence;

provide, in relation to bodies corporate, for an offence to be punishable on conviction by the imposition of a fine not exceeding $50 000 and, if the contravention is of a continuing nature, a further fine not exceeding $20 000 in respect of each day or part of a day during which the contravention continued after the offender was notified by a specified person that the person is of the opinion that the offender is contravening the provision;

provide, in relation to individuals, for an offence to be punishable on conviction by the imposition of a fine not exceeding $5 000;

provide for the imposition of a minimum fine for an offence;

relate the level of a fine to —

the circumstances or extent of the offence;

whether the offender has committed previous offences and, if so, the number of previous offences that the offender has committed.

If it is inappropriate to prescribe a set fee or charge in connection with the performance of a function of an arbitrator or an expert the regulations may provide for the method of calculating the fee or charge, including calculation according to the cost of performing that function.

The regulations may adopt the text of any published document specified in the regulations —

as that text exists at a particular date; or

as that text may from time to time be amended.

The text may be adopted —

wholly or in part; and

as modified by the regulations.

The adoption may be direct (by reference made in the regulations), or indirect (by reference made in any text that is itself directly or indirectly adopted).

The adoption of text is of no effect unless —

the adopted text; and

the amendments to the text or the text as amended (if relevant),