Gas Industry (Authorisation) Regulations 1999

i Gas Industry (Authorisation) Regulations 1999 S.R. No. 76/1999 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provisions 1 3. Definitions 2 4. Interested person 2 5. Procedure for applications 2 6. Public notice of application 3 7. Register of applications 3 8. Withdrawal of applications 6 9. Opportunity for conference before determining application for authorisation 6 10. Variation or revocation of authorisations 9 11. Prescribed Fee 10 ═══════════════ -- 1 of 11 -- 1 STATUTORY RULES 1999 S.R. No. 76/1999 Gas Industry Act 1994 Gas Industry (Authorisation) Regulations 1999 The Governor in Council makes the following Regulations: Dated: 22 June 1999 Responsible Minister: ALAN R. STOCKDALE Treasurer SHANNON DELLAMARTA Acting Clerk of the Executive Council 1. Objectives The objectives of these Regulations are— (a) to regulate the making of applications to ORG for authorisations under Division 3 of Part 3A of the Gas Industry Act 1994; and (b) to set out procedures for the consideration of those applications; and (c) to prescribe fees for those applications; and (d) to set out procedures for the variation or revocation of those authorisations. 2. Authorising provisions These Regulations are made under sections 42 and 102 of the Gas Industry Act 1994. -- 2 of 11 -- S.R. No. 76/1999 Gas Industry (Authorisation) Regulations 1999 2 3. Definitions In these Regulations— "Act" means the Gas Industry Act 1994; "authorisation" means an authorisation under section 42 of the Act; "Regulator-General" means the Regulator- General appointed pursuant to the Office of the Regulator-General Act 1994. 4. Interested person In these Regulations a person is an "interested person" in relation to an application for authorisation if the person— (a) is the Australian Competition and Consumer Commission; or (b) has notified ORG in writing that the person, or a specified unincorporated association of which the person is a member, claims to have an interest in the application being an interest that, in the opinion of ORG, is real and substantial. 5. Procedure for applications An application for an authorisation must— (a) be in writing and be signed by or on behalf of the applicant; and (b) specify an address in Australia for the service of documents on the applicant; and (c) set out a brief description of the conduct in respect of which the authorisation is sought; and (d) if the authorisation is sought in respect of the conduct of any person or class of person other than the applicant, specify the name r. 3 -- 3 of 11 -- S.R. No. 76/1999 Gas Industry (Authorisation) Regulations 1999 3 and address of that other person or the names and addresses of the relevant class of persons; and (e) set out the grounds for the grant of the authorisation and the facts and contentions relied upon in support of those grounds; and (f) be accompanied by any document relied on by the applicant in support of the application; and (g) be accompanied by the prescribed fee. 6. Public notice of application ORG must cause to be made public in such manner as it thinks fit notice of the receipt by ORG of an application for an authorisation. 7. Register of applications (1) ORG must keep a register of applications for authorisations received by it (including applications that have been withdrawn). (2) Subject to this regulation, the register must include— (a) any document furnished to ORG in relation to an application for an authorisation; and (b) any draft decision, and any summary of reasons, by ORG furnished to any person under regulation 9; and (c) any document relating to— (i) the revocation by ORG of an authorisation; or (ii) the variation by ORG of an authorisation; and (d) any record of a conference made in accordance with regulation 9(8); and r. 6 -- 4 of 11 -- S.R. No. 76/1999 Gas Industry (Authorisation) Regulations 1999 4 (e) particulars of any oral submission made to ORG in relation to an application for authorisation; and (f) the decision of ORG on an application for authorisation and the reasons given by ORG for that decision. (3) If a person furnishes a document to ORG in relation to an application for authorisation or makes an oral submission to ORG in relation to such an application, the person may, at the time the document is furnished or the submission is made, request that the document or a part of the document, or that particulars of the submission or of part of the submission, be excluded from the register by reason of the confidential nature of any of the matters contained in the document or submission. (4) If a request is made under sub-regulation (3) and the document or the part of the document, or the submission or the part of the submission, to which the request relates contains particulars of— (a) a secret formula or process; or (b) the cash consideration offered for the acquisition of shares in the capital of a body corporate, or assets of a person; or (c) the current cost of manufacturing, producing or marketing goods or services— ORG must exclude the document or the part of the document, or particulars of the submission or of the part of the submission, from the register. (5) If a request is made under sub-regulation (3) and sub-regulation (4) does not apply, ORG may, if it is satisfied that it is desirable to do so by reason of the confidential nature of the matters contained in the document or the part of the document, or in r. 7 -- 5 of 11 -- S.R. No. 76/1999 Gas Industry (Authorisation) Regulations 1999 5 the submission or the part of the submission, exclude the document or the part of the document, or particulars of the submission or of the part of the submission, as the case may be, from that register. (6) If ORG refuses a request to exclude a document or a part of a document from the register, ORG must, if the person who furnished the document to ORG requires the document or part of the document to be withdrawn, return the document or part of the document to the person and, in that case sub- regulation (2)(a) does not apply to the document or part of the document. (7) If ORG refuses a request to exclude particulars of an oral submission or of part of an oral submission from the register, the person who made the submission may inform ORG that the person withdraws the submission or that part of the submission and in that case sub-regulation (2)(e) does not apply in relation to the submission or that part of the submission, as the case may be. (8) If ORG is satisfied that it is desirable to do so for any reason other than the confidential nature of matters contained in a document or submission, ORG may exclude a document or part of a document referred to in sub-regulation (2)(a) or particulars referred to in sub-regulation (2)(e) from the register. (9) If a person requests, under sub-regulation (3), that a document or part of a document, or that particulars of a submission or of part of a submission, be excluded from the register, the document or part of the document, or particulars of the submission or of the part of the submission, must not be included in the register until ORG has made a decision in relation to the request. r. 7 -- 6 of 11 -- S.R. No. 76/1999 Gas Industry (Authorisation) Regulations 1999 6 8. Withdrawal of applications (1) A person who has made an application for an authorisation may at any time, by notice in writing to ORG, withdraw the application. (2) ORG must cause to make public, in such manner as it thinks fit, notice of the withdrawal of an application. 9. Opportunity for conference before determining application for authorisation (1) Before determining an application for an authorisation, ORG must prepare a draft decision in relation to the application. (2) ORG must, by notice in writing sent to the applicant and to each other interested person, invite the applicant or other person to notify ORG, within 14 days after a date fixed by ORG being not earlier than the day on which the notice is sent, whether the applicant or other person wishes ORG to hold a conference in relation to the draft decision. (3) If— (a) the draft decision provides for the granting of the application unconditionally; and (b) no person has made a written submission to ORG opposing the application— each notice by ORG under sub-regulation (2) must inform the person to whom the notice is sent that the draft decision so provides. (4) If— (a) the draft decision does not provide for the granting of the application or provides for the granting of the application subject to conditions; or r. 8 -- 7 of 11 -- S.R. No. 76/1999 Gas Industry (Authorisation) Regulations 1999 7 (b) the draft decision provides for the granting of the application unconditionally but a written submission has, or written submissions have, been made to ORG opposing the application— ORG must send with each notice under sub- regulation (2) a copy of the draft decision and— (c) in a case to which paragraph (a) applies, a summary of the reasons why ORG is not satisfied that the application should be granted or why it is not satisfied that the application should be granted unconditionally; or (d) in a case to which paragraph (b) applies, a summary of the reasons why it is satisfied that the application should be granted unconditionally. (5) If each of the persons to whom a notice was sent under sub-regulation (2)— (a) notifies ORG within the period of 14 days mentioned in that sub-regulation that the person does not wish ORG to hold a conference in relation to the draft decision; or (b) does not notify ORG within that period that the person wishes ORG to hold such a conference— ORG may make the decision at any time after the expiration of that period. (6) If any of the persons to whom a notice was sent under sub-regulation (2) notifies ORG in writing within the period of 14 days mentioned in that sub-regulation that the person wishes ORG to hold a conference in relation to the draft decision, ORG must appoint a date (being not later than r. 9 -- 8 of 11 -- S.R. No. 76/1999 Gas Industry (Authorisation) Regulations 1999 8 30 days after the expiration of that period), time and place for the holding of the conference and give notice of the date, time and place so appointed to each of the persons to whom a notice was sent under sub-regulation (2). (7) At the conference— (a) ORG may be represented by the Regulator- General or a person or persons nominated by the Regulator-General; and (b) each person to whom a notice was sent under sub-regulation (2) and any other interested person whose presence at the conference is considered by ORG to be appropriate is entitled to attend and participate personally or, in the case of a body corporate, may be represented by a person who, or by persons each of whom, is a director, officer or employee of the body corporate; and (c) a person participating in the conference in accordance with paragraph (a) or (b) is entitled to have another person or other persons present to assist but, except where ORG grants leave, a person who so assists another person at the conference is not entitled to participate in the discussion; and (d) no other person is entitled to be present. (8) A person who represents ORG at the conference must make such record of the discussions as is sufficient to set out the matters raised by the persons participating in the conference. (9) A person who represents ORG at the conference, or, if ORG is represented by more than one person, one of those persons appointed by the Regulator-General— r. 9 -- 9 of 11 -- S.R. No. 76/1999 Gas Industry (Authorisation) Regulations 1999 9 (a) may exclude from the conference any person who uses insulting language at the conference, creates, or takes part in creating or continuing, a disturbance at the conference or repeatedly interrupts the conference; and (b) may terminate the conference when the person is of the opinion that a reasonable opportunity has been given for the expression of the views of persons participating in the conference (other than persons excluded from the conference under paragraph (a)). (10) ORG may take account of all matters raised at the conference and may at any time after the termination of the conference make a decision in respect of the application. (11) If a decision is made to grant the application and the applicant has sought authorisation in respect of conduct of any person or class of persons other than the applicant, ORG must in its decision identify to whom of those persons or class of persons the authorisation applies and in respect of what conduct. (12) If ORG is of the opinion that two or more applications for authorisations that are made by the same person, or by persons being related bodies corporate, involve the same or substantially similar issues, ORG may treat the applications as if they constitute a single application and may prepare one draft decision in relation to the applications and hold one conference in relation to that draft decision. 10. Variation or revocation of authorisations (1) Before varying or revoking an authorisation under section 43(1) of the Act ORG must give written r. 10 -- 10 of 11 -- S.R. No. 76/1999 Gas Industry (Authorisation) Regulations 1999 10 notice stating the grounds on which variation or revocation is proposed to— (a) the person to whom the authorisation was given; and (b) any person or class of persons to whom the authorisation applies pursuant to regulation 9(11); and (c) any person who at the time of the grant of the authorisation was an interested person in relation to the application for the authorisation; and (d) any other persons who appear to ORG to be interested persons. (2) ORG must afford each person given notice under sub-regulation (1) a reasonable opportunity to make submissions to ORG on the proposed variation or revocation. (3) Subject to sub-regulation (4), a notice to a person under this regulation must be sent to the last known address of the person. (4) If the address of a person is not known or the person cannot be found, the notice may be given instead by advertisement in a newspaper circulating generally in Victoria. 11. Prescribed Fee The prescribed fee for the purpose of regulation 5 is $20 000. ═══════════════ r. 11 -- 11 of 11 --