Document ID: chunk:federal_register_of_legislation:F2023L00994:reg:41:p1
Version: federal_register_of_legislation:F2023L00994
Segment Type: reg
Provision Reference: reg 41 (pt 1/2)
Character Range: 74270–77062

41  Supplier to report information to Commission—small suppliers
 (1) A person (the supplier) contravenes this subsection if:
 (a) the supplier is a covered supplier; and
 (b) the amount of counted gas in relation to the supplier, that was produced in the most recent calendar year, is nil or is less than 100 petajoules; and
 (c) the supplier fails to give the Commission a notice complying with subsection (11) and setting out the information covered by subsection (2) on or before:
 (i) if subparagraph (ii) does not apply—the third business day after that calendar year; or
 (ii) if the calendar year is the most recent calendar year that ended on or before the commencement of this instrument—23 December 2023.
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) This subsection covers the following information:
 (a) a statement that the notice is given for the purposes of this section;
 (b) information demonstrating that the amount of counted gas in relation to the supplier, that was produced in the calendar year, is nil or less than 100 petajoules;
 (c) information of a kind specified in a determination under subsection (3).
 (3) For the purposes of paragraph (2)(c), the Commission may, by legislative instrument, make a determination specifying kinds of information.
 (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) A person (the supplier) contravenes this subsection if:
 (a) the supplier is a covered supplier; and
 (b) the amount of counted gas in relation to the supplier, that was produced in the most recent calendar year, is nil or is less than 100 petajoules; and
 (c) at a time on or after the commencement of this instrument:
 (i) the supplier forms an intention to enter into an agreement to supply regulated gas to another person (the potential buyer) as soon as practicable; and
 (ii) the potential buyer has an intention to export that regulated gas from Australia; and
 (iii) the agreement is not a gas swap agreement, a mandatory government agreement or an agreement mentioned in section 51 or subsection 52(1) or (2); and
 (d) the supplier fails to give the Commission a notice complying with subsection (11) and setting out the following information, on or before the third business day after the calendar year following that mentioned in paragraph (b):
 (i) a description of the intention mentioned in subparagraph (c)(i);
 (ii) a description of the intention mentioned in subparagraph (c)(ii);
 (iii) information of a kind specified in a