Australian Capital Territory Numbered Acts

GAS ACT 1992 (NO. 41 OF 1992) - SECT 59

59. (1) Where a gas reticulation system does not comply with this Act or the Manual, the Controller may serve on the authorised distributor notice in writing requiring the distributor—

        (a)     to repair or modify the system so that it complies with the requirements of this Act or the Manual specified in the notice; and

        (b)     to reinstate any area of ground opened by an inspector under subsection 63 (1);

before the day specified in the notice.

(2) An authorised distributor who, without reasonable excuse, fails to comply with a notice under subsection (1) is guilty of an offence punishable, on conviction, by a fine not exceeding $75,000.

(3) If the authorised distributor fails to perform the work, or any part of the work, specified in the notice before the day specified in the notice, the Territory may—

(a)     perform such work as is necessary and reasonable to repair or modify the system and reinstate the ground; and

(b)     recover the reasonable cost of doing so as a debt due to the Territory from the authorised distributor.

(4) The Controller shall not give an authorised distributor a notice under subsection (1) if the only reason for the failure is—

(a)     that the system was installed before the Manual came into operation; or

(b)     that the system complied with the Manual at the time it was installed and the Manual has been amended subsequently.