Document ID: chunk:federal_register_of_legislation:F2023L00994:reg:35
Version: federal_register_of_legislation:F2023L00994
Segment Type: reg
Provision Reference: reg 35
Character Range: 62123–64729

35  Supplier to report information to Commission—information relating to available gas, etc.
 (1) A person (the supplier) contravenes this subsection if:
 (a) the supplier is a covered supplier; and
 (b) as soon as practicable after each day covered by subsection (2), the supplier fails to give the Commission a notice that:
 (i) states that it is given for the purposes of this section; and
 (ii) sets out the information covered by subsection (6) in relation to the 24 month period starting on that day; and
 (iii) complies with subsection (10).
Civil penalty:
 (a) for a body corporate—3,000 penalty units; and
 (b) for a person other than a body corporate—600 penalty units.
 (2) For the purposes of paragraph (1)(b), this subsection covers a day, on or after the day the supplier became a covered supplier, that:
 (a) is the day after the end of the transition period; or
 (b) is a day set out in a determination made under subsection (3).
 (3) For the purposes of paragraph (2)(b), the Commission may, by legislative instrument, make a determination specifying days.
 (4) Before making a determination under subsection (3), the Commission must consult with the public about the proposed determination.
 (5) In making a determination under subsection (3), the Commission must take into account comments made in consultations under subsection (4).
 (6) For the purposes of subparagraph (1)(b)(ii), this subsection covers the following information in relation to a 24 month period:
 (a) the information covered by subsection 34(6) in relation to that 24 month period;
 (b) whether the supplier intends to, in that 24 month period, do either or both of the following:
 (i) issue a gas EOI, gas initial offer or gas final offer in respect of regulated gas that is uncontracted regulated gas on the day mentioned in subparagraph (1)(b)(ii);
 (ii) supply regulated gas that is uncontracted regulated gas on that day;
 (c) information of a kind specified in a determination under subsection (4).
 (7) For the purposes of paragraph (6)(c), the Commission may, by legislative instrument, make a determination specifying kinds of information.
 (8) Before making a determination under subsection (7), the Commission must consult with the public about the proposed determination.
 (9) In making a determination under subsection (7), the Commission must take into account comments made in consultations under subsection (8).
 (10) For the purposes of subparagraph (1)(b)(iii), the notice complies with this subsection if it is:
 (a) in writing; and
 (b) in a form approved by the Commission in writing (if any).