Document ID: chunk:federal_register_of_legislation:F2023L00994:reg:20:p1
Version: federal_register_of_legislation:F2023L00994
Segment Type: reg
Provision Reference: reg 20 (pt 1/2)
Character Range: 35013–37746

20  Gas final offer must comply with certain requirements
 (1) A person (the supplier) contravenes this subsection if:
 (a) the supplier is a covered supplier; and
 (b) the supplier issues a gas final offer to another person (the potential buyer); and
 (c) any of the following applies:
 (i) the gas final offer does not specify the matters mentioned in subsection (2);
 (ii) the gas final offer is not accompanied by a notice in writing by the supplier that meets the requirements in subsection (3).
Civil penalty:
 (a) for a body corporate—6,000 penalty units; and
 (b) for a person other than a body corporate—1,200 penalty units.
 (2) For the purposes of subparagraph (1)(c)(i), the matters are as follows:
 (a) the quantity of regulated gas intended to be supplied in accordance with the gas final offer;
 (b) if the gas final offer contemplates that there will be annual supply requirements in an agreement under which regulated gas will be supplied in accordance with the gas final offer—the annual quantity of regulated gas intended to be supplied in accordance with the gas final offer;
 (c) the intended degree of flexibility in determining that quantity (including conditions relating to load factor (such as conditions that determine variations in load factor over the course of a year));
 (d) the period over which the regulated gas is intended to be supplied in accordance with the gas final offer (including the dates the supply will commence and will cease, or a method for determining those dates);
 (e) the delivery points of the regulated gas intended to be supplied in accordance with the gas final offer;
 (f) the price or price structure intended to apply to the supply of the regulated gas in accordance with the gas final offer (including any intended take or pay conditions, and the effect of any such conditions and of any intended price escalation mechanisms);
 (g) the payment terms for the supply of regulated gas in accordance with the gas final offer;
 (h) if the gas final offer includes an offer to provide transportation services (including services in respect of transportation from delivery points mentioned in paragraph (e)) or storage services—the price or price structure intended to apply to the provision of those services in accordance with the gas final offer (including the effect of any intended price escalation mechanisms);
 (i) the circumstances (if any) in which the supplier or the potential buyer may vary the terms of an agreement under which regulated gas will be supplied in accordance with the gas final offer;
 (j) a protocol for the supplier and the potential buyer to notify each other, within a reasonable time, of any major interruptions to any of the following that become