(1) These regulations may be cited as the Gas (Statistics) Regulations 1997.

(2) These regulations come into force on 1 September 1997.

(1) In these regulations, unless the context otherwise requires,—

(2) For the purposes of these regulations, a gas distribution activity is a gas distribution activity of a pipeline owner, and a gas transmission activity is a gas transmission activity of a pipeline owner, where,—

• (a) in the case of an activity that consists of the conveyance of gas or the supply of line function services, the activity is carried on, by that pipeline owner or any other person, by means of assets owned by that pipeline owner; and

• (b) in the case of an activity that consists of the ownership of a distribution system or a transmission system, the activity is carried on by that pipeline owner.

(3) In these regulations, unless the context otherwise requires, terms and expressions have the same meaning as in the Act.

(1) For the purposes of these regulations,—

• (a) any 2 persons are in a prescribed business relationship if—

  • (i) one of them has an interest in more than 50% of the assets or profits of the other person; or

  • (ii) one of them has a controlling interest in the other person; or

  • (iii) one other person holds a controlling interest in each of those 2 persons, or has an interest in more than 50% of the assets or profits of each of those 2 persons; or

  • (iv) one other person holds a controlling interest in one of those persons, and has an interest in more than 50% of the assets or profits of the other person:

• (b) a pipeline owner and another person (being a gas producer, or a gas wholesaler, or a gas retailer (other than a gas refueller)), are in a prescribed business relationship in any case where—

  • (i) that pipeline owner—

    • (A) has an interest in 50% or more of the assets or profits of that other person; or

    • (B) holds a controlling interest in that other person; or

  • (ii) interests in the assets or profits of that other person are held by that pipeline owner and any 1 or more other pipeline owners, and those interests amount, in the aggregate, to an interest in 50% or more of those assets or profits; or

  • (iii) equity securities in that other person are held by that pipeline owner and any 1 or more other pipeline owners, and, by virtue of those equity securities, those pipeline owners hold, in the aggregate, a controlling interest in that other person:

• (c) where any person carries on 2 or more specified activities, those activities are in a prescribed relationship.

(2) For the purposes of subclause (1)(a), to hold a controlling interest in another person means to hold (whether directly or indirectly) equity securities in that other person that carry in the aggregate more than 50% of the voting rights at any general meeting of the other person.

(3) For the purposes of subclause (1)(b), to hold a controlling interest in another person means to hold (whether directly or indirectly) equity securities in that other person that carry in the aggregate 50% or more of the voting rights at any general meeting of the other person.

(4) For the purposes of subclauses (2) and (3), a person holds equity securities in another person if the first-mentioned person is beneficially entitled to, or is beneficially entitled to an interest in, any equity securities in the other person (whether or not the whole or any part of the legal ownership of the equity securities is vested in the first-mentioned person).

(5) For the purposes of subclause (1), a person has an interest in the assets or profits of another person if the first-mentioned person owns (whether directly or indirectly), or has a beneficial interest (whether directly or indirectly) in, those assets or profits.

These regulations apply to the following persons:

• (a) gas producers:

• (b) gas wholesalers:

• (c) gas distributors:

• (d) gas retailers other than gas refuellers.

(1) The Secretary may from time to time send to any person to whom these regulations apply a notice requiring that person to supply to the Secretary, in respect of any statistical period, such information concerning the production, transmission, distribution, sale, supply, consumption, and use of gas as the Secretary requires for statistical purposes.

(2) A notice may be sent pursuant to subclause (1) at any time, but the following provisions apply with respect to the time allowed for supplying a statistical return in accordance with the notice:

• (a) where a notice is sent before the expiry of the statistical period in respect of which a statistical return is required, the notice must require the statistical return to be supplied to the Secretary by a specified date that is not earlier than the 15th day of the second month after the expiry of the statistical period:

• (b) where a notice is sent after the expiry of the statistical period in respect of which a statistical return is required, the notice must require the statistical return to be supplied to the Secretary by a specified date that is not earlier than 6 weeks after the date on which the notice is sent.

(3) Every notice sent pursuant to this regulation must be in such form as the Secretary from time to time prescribes or approves.

(4) Any notice sent pursuant to this regulation may require that any statistical return supplied in accordance with the notice be in such form as is specified in the notice.

(5) Every notice sent pursuant to this regulation requiring any person to supply a statistical return must specify the information to be included in that statistical return in such detail as will clearly inform that person of that person's obligations pursuant to the notice.

(6) A notice sent pursuant to this regulation may relate to a statistical period that has commenced or expired before the commencement of these regulations.

Any notice sent pursuant to regulation 5 may require, in respect of a statistical return,—

• (a) the consolidation of information relating to activities that are in a prescribed business relationship:

• (b) the consolidation of information relating to persons that are in a prescribed business relationship.

Where a notice sent pursuant to regulation 5 requires any person to supply information concerning a gas distribution activity, a gas wholesale activity, or a gas retail activity, and that person distributes, supplies, or sells both LPG and other gas, the notice may require that person to supply separate statistical returns in respect of the LPG and the other gas distributed, supplied, or sold.

(1) For the purposes of this regulation,—

• (a) a transmission system is separate from another transmission system if it does not share any fittings in common with that other transmission system:

• (b) a distribution system is separate from another distribution system if it does not share any fittings in common with that other distribution system.

(2) Where a notice sent pursuant to regulation 5 requires any person to supply information concerning a gas transmission activity or a gas distribution activity, and that person undertakes such activities in respect of 2 or more separate transmission systems or 2 or more separate distribution systems, as the case may be, the notice may require that person to supply a statistical return for each separate system.

Where, in respect of any item of information that is required to be included in a statistical return, a notice sent pursuant to regulation 5 specifies that major components must be specified, there must be included in that return a breakdown of that information listing each component of that item that constitutes, by value or quantity as the case may be, 10% or more of that item.

(1) Every statistical return supplied to the Secretary pursuant to these regulations by any person must be verified by an authorised principal of that person.

(2) The verification must be in the form of a declaration, which must be—

• (a) in such form as the Secretary from time to time prescribes or approves; and

• (b) signed and dated by the person making the declaration; and

• (c) endorsed on, or accompany, the statistical return to which it relates.

(1) Where any information required to be included in a statistical return, or any information from which such information is derived (in whole or in part), is unavailable, reasonable estimates based on any available data (whether factual or historical, as the case requires) may be included in the return or, as the case requires, used as a basis for deriving the information so required to be included.

(2) Where, in accordance with subclause (1), reasonable estimates are included in a statistical return or used as a basis for deriving such information, the statistical return must—

• (a) include a statement to that effect; and

• (b) identify the estimated information or, as the case may be, the information that has been derived from estimated information.

(3) Without limiting subclause (1), this regulation applies in respect of a statistical return required pursuant to a notice to which regulation 5(2)(b) applies.

Where any person is required to state, in any statistical return, any monetary amount, then, unless the notice pursuant to which that statistical return is required otherwise requires, the monetary amount must be—

• (a) stated to the nearest dollar; and

• (b) exclusive of goods and services tax; and

• (c) inclusive of all other duties, taxes, and levies.

(1) Every person commits an offence against this regulation who, being a person who is required by a notice sent pursuant to regulation 5 to supply a statistical return to the Secretary,—

• (a) fails, without reasonable excuse, to supply that statistical return to the Secretary by the date specified in the notice; or

• (b) supplies to the Secretary a statistical return that does not comply with a requirement imposed by or pursuant to regulation 5(4) or regulation 6 or regulation 9 or regulation 10 or regulation 11(2) or regulation 12; or

• (c) fails, without reasonable excuse, to comply with a requirement imposed by or pursuant to regulation 7 or regulation 8; or

• (d) makes a false declaration when supplying any statistical return pursuant to these regulations.

(2) Every person who commits an offence against subclause (1) is liable on conviction to a fine not exceeding $10,000.

(3) Without limiting the matters that may or may not constitute a reasonable excuse for the purposes of subclause (1)(a), the fact that some or all of a person's assets (being assets that are used for a specified activity) are under the control or management of another person (whether pursuant to a lease or otherwise) does not constitute a reasonable excuse, for the purposes of subclause (1)(a), to fail to supply a statistical return.