61AA. Prohibition relating to gas for electricity generation, etc.

Unless the Authority otherwise allows, a person must not provide gas to any prescribed generation entity unless the person holds a gas importer’s licence (central import).

Subsection (1) does not apply in respect of any contract for the provision of gas to a prescribed generation entity that was entered into before the date of commencement of section 37 of the Energy Transition Measures and Other Amendments Act 2024, or any such contract that is renewed or extended before, on or after that date.

Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1 million and, in the case of a continuing offence, to a further fine not exceeding $25,000 for every day or part of a day during which the offence continues after conviction.

Without affecting subsection (3), where any person contravenes subsection (1), the contract by which the person purports to provide gas to the prescribed generation entity is void to the extent of the contravention.

Nothing in this Act prohibits a gas importer that holds a gas importer’s licence (central import) from providing gas to any person that is not a prescribed generation entity (whether or not for the purpose of generating electricity) in accordance with any restrictions and conditions imposed under section 9.

Without affecting section 19, any contract entered into by the holder of a gas importer’s licence (central import) that contravenes any condition of the licence is void to the extent of the contravention.