1: Title
This Act is the Appropriation (2020/21 Supplementary Estimates) Act 2021.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Application
1: Section 7 Schedule 2 Schedule 2
2: The rest of this Act applies to the 2020/21 financial year.
4: Overview
This Act meets the requirements of the Public Finance Act 1989
a: section 6 Schedule 1 see section 4(1)
b: section 7 Schedule 2 see section 10
c: section 8 Schedule 3 see section 12A
5: Interpretation
1: In this Act, unless the context otherwise requires,— 2020/21 financial year scope shown in the Supplementary Estimates
a: in the case of an appropriation under section 6
i: in the table headed “Annual Appropriations and Forecast Permanent Appropriations”; and
ii: in the column headed Titles and Scopes of Appropriations by Appropriation Type
iii: in the statement directly under the title of the appropriation or, in the case of a multi-category appropriation, under the name of each of the individual categories that are included in the appropriation; and
b: in the case of an appropriation under section 7
i: in the table headed Multi-Year Appropriations
ii: in the column headed Type, Title, Scope and Period of Appropriations
iii: in the statement directly under the title of the appropriation; and
c: in the case of an appropriation under section 7
i: in the table headed Multi-Year Multi-Category Appropriations
ii: in the column headed Title, Overarching Purpose and Period of Appropriations and Type and Scope of Categories
iii: in the statement directly under the name of each of the individual categories that are included in the appropriation Supplementary Estimates The Supplementary Estimates of Appropriations for the Government of New Zealand for the Year Ending 30 June 2021
2: Terms or expressions used and not defined in this Act but defined in the Public Finance Act 1989
6: Appropriations for 2020/21 financial year
Existing appropriations varied
1: If an appropriation specified in column 3 of Schedule 1 Appropriation (2020/21 Estimates) Act 2020 column 4 of Schedule 1
a: if the amount is in brackets, the appropriation is decreased by that amount; and
b: if the amount is not in brackets, the appropriation is increased by that amount.
2: The appropriation authorised by section 6 Policy Advice and Related Services to Ministers
a: the title of the appropriation is changed to Policy Advice and Related Outputs
b: the appropriation is increased by the amount specified in column 4 of Schedule 1 New appropriations authorised
3: Each amount specified in column 4 of Schedule 1 column 3 of Schedule 1 Other matters concerning appropriations
4: Subsections (1) and (3) apply only to the extent that the appropriation varied or authorised is of a type set out in section 7A(1)
5: The scope of each appropriation varied or authorised by this section is the scope shown in the Supplementary Estimates for the appropriation.
6: Each appropriation varied or authorised by this section includes any expenses and capital expenditure that have been incurred—
a: under any Imprest Supply Act relating to the 2020/21 financial year; and
b: in advance, but within the scope, of the appropriation.
7: Appropriations applying for more than 1 financial year
Existing multi-year appropriations varied
1: If an appropriation specified in column 3 of Schedule 2 column 6 of Schedule 2 column 5 of Schedule 2
a: if the amount is in brackets, the appropriation is decreased by that amount; and
b: if the amount is not in brackets, the appropriation is increased by that amount.
2: The period of the appropriation authorised by section 7 Energy and Resources: Grant Scheme for Warm, Dry Homes subsection (1)
3: The period of the appropriation authorised by section 7 Energy and Resources: Implementation of the Grant Scheme for Warm, Dry Homes subsection (1)
4: The period of the appropriation authorised by section 7 COVID-19: Loans to Air New Zealand subsection (1)
5: The period of the appropriation authorised by section 7 Pike River Recovery subsection (1)
6: The period of the appropriation authorised by section 7 Automatic Dependent Surveillance-Broadcast Transponders Rebate Scheme New multi-year appropriations authorised
7: Each amount specified in column 5 of Schedule 2 column 3 of Schedule 2 Other matters concerning multi-year appropriations
8: Subsections (1) and (7) apply only to the extent that the appropriation varied or authorised is of a type set out in section 7A(1)
9: The scope of each appropriation varied or authorised by this section is the scope shown in the Supplementary Estimates for the appropriation.
10: Each appropriation varied or authorised by this section—
a: is limited to the period specified in column 4 of Schedule 2
b: includes any expenses and capital expenditure that have been incurred—
i: under any Imprest Supply Act relating to the 2020/21 financial year; and
ii: in advance, but within the scope, of the appropriation. Existing multi-year appropriations revoked
11: The appropriation authorised by subsection (7) Party and Member Support 53rd Parliament - Māori
12: The appropriation authorised by section 7 Party and Member Support 53rd Parliament - New Zealand First subsection (1)
13: The appropriation authorised by section 7 Civil Aviation Authority Loans subsection (1)
14: The appropriation authorised by section 7 Historical Treaty of Waitangi Settlements 2020 - 2024
8: Capital injections authorised for 2020/21 financial year
Limits of existing authorisations varied
1: If the Appropriation (2020/21 Estimates) Act 2020 column 1 of Schedule 3 column 3 of Schedule 3
a: if the amount is in brackets, the limit is decreased by that amount; and
b: if the amount is not in brackets, the limit is increased by that amount. New capital injections authorised
2: The Crown is authorised to make capital injections during the 2020/21 financial year to each department specified in column 1 of Schedule 3
3: The capital injections authorised by subsection (2) to a department are limited to the amount specified in column 3 of Schedule 3 Capital injections made in advance under Imprest Supply Act included in authorisation
4: Each authorisation varied or given by this section includes any capital injection that has been made—
a: under any Imprest Supply Act relating to the 2020/21 financial year; and
b: in advance of the authorisation.


1: Title
This Act is the Imprest Supply (First for 2021/22) Act 2021.
2: Commencement
This Act comes into force on 1 July 2021.
3: Repeal of this Act
This Act is repealed on the coming into force of the main Appropriation Act for the 2021/22 year. 2021-09-14 Imprest Supply (First for 2021/22) Act 2021 The Appropriation (2021/22 Estimates) Act 2021 was assented on 13 September 2021 (Act 2021 No 34). Came into force the day after the date on which it received the Royal assent (Doreen 16/9/21)
4: Purposes
The purposes of this Act are—
a: to authorise expenses and capital expenditure to be incurred by the Crown and Offices of Parliament during the 2021/22 year in advance of appropriation in an Appropriation Act; and
b: to authorise capital injections to be made to departments and Offices of Parliament during the 2021/22 year in advance of authorisation under an Appropriation Act.
5: Interpretation
1: In this Act, unless the context otherwise requires,— 2021/22 year capital expenditure section 2(1) department section 2(1) expenses section 2(1)
a: capital expenditure incurred by an intelligence and security department; and
b: non-departmental capital expenditure incurred in advance of a multi-category appropriation.
2: Terms or expressions used and not defined in this Act but defined in the Public Finance Act 1989
6: Authority to incur expenses
1: Expenses may, during the 2021/22 year, be incurred in advance of appropriation in relation to any Vote.
2: Expenses incurred under subsection (1) must not exceed in the aggregate the sum of $35,000 million.
7: Authority to incur capital expenditure
1: Capital expenditure may, during the 2021/22 year, be incurred in advance of appropriation in relation to any Vote.
2: Capital expenditure incurred under subsection (1) must not exceed in the aggregate the sum of $5,000 million.
8: Authority to make capital injections
1: Capital injections may, during the 2021/22 year, be made to any department or Office of Parliament in advance of authorisation under an Appropriation Act.
2: Capital injections made under subsection (1) must not exceed in the aggregate the sum of $1,000 million.


1: Title
This Act is the Intelligence and Security (Review) Amendment Act 2021.
2: Commencement
This Act comes into force on the day after the date of Royal assent.
3: Principal Act
This Act amends the Intelligence and Security Act 2017 2021-06-29 Intelligence and Security Act 2017
4: Section 235 amended (Requirement to hold periodic reviews)
Replace section 235(a)
a: commenced as soon as practicable on or after 1 July 2021; and


1: Title
This Act is the Social Security (Financial Assistance for Caregivers) Amendment Act 2021.
2: Commencement
This Act comes into force on 1 July 2021
3: Principal Act
This Act amends the Social Security Act 2018 2021-07-01 Social Security Act 2018
1: Substantive and consequential amendments
4: Section 44 amended (Who is eligible caregiver)
1: In section 44(d) principal caregiver or principal temporary caregiver
2: Repeal section 44(e)
5: Section 47 amended (Who is eligible caregiver)
1: In section 47(d) principal caregiver or principal temporary caregiver
2: Repeal section 47(e)
6: Schedule 2 amended
In Schedule 2 principal temporary caregiver
a: has the primary responsibility for the day-to-day care of the child—
i: on a temporary basis; or
ii: for such an unknown or uncertain period that the person is not a principal caregiver; and
b: retains the primary responsibility for the day-to-day care of the child under paragraph (a)
c: is not a body of persons (whether incorporated or unincorporated); and
d: is not a proprietor of, or employed in,—
i: a residence established under the Oranga Tamariki Act 1989; or
ii: any other institution in which the child is being cared for temporary OB or UCB caregiver
a: is the principal temporary caregiver of the child; and
b: is entitled to and receiving an orphan’s benefit or an unsupported child’s benefit for the child (including under section 329(b))
7: Schedule 4 amended
1: In Schedule 4, Part 4 The following table is small in size and contains 2 columns. The columns have no headings. Allowances 3 The following allowances in respect of the child: (a) on and after 1 July 2018, a clothing allowance; and (b) on and after 1 December 2021 (c) on and after 1 December 2021 2022 4 The allowances are in the same amount or at the same rate as the rates of payment determined under section 363(1) of the Oranga Tamariki Act 1989 for— (a) any clothing allowance: (b) any Christmas allowance (or any subsequent annual holiday allowance): (c) any birthday allowance. 5 The allowances are in addition to the applicable rate in clause 1. When caregiver is entitled to and paid holiday allowance 6 A person is entitled to the holiday allowance if the person is entitled to the orphan’s benefit for the child on 25 December. 7 The holiday allowance is payable before 25 December to a person whom MSD expects to be entitled to that allowance. 8 Payment of the holiday allowance before 25 December is subject to the condition that the person is liable to repay the whole of the allowance if the person is not entitled to the allowance on 25 December. When caregiver is entitled to and paid birthday allowance 9 A person is entitled to the birthday allowance if the person is entitled to the orphan’s benefit for the child on the entitlement date. 10 The entitlement date for the birthday allowance is the date of the child’s birthday. 11 However, 1 March is the entitlement date for a birthday that occurs, or would otherwise occur, on 29 February. 12 The birthday allowance is payable before the entitlement date to a person whom MSD expects to be entitled to that allowance. 13 Payment of the birthday allowance before the entitlement date is subject to the condition that the person is liable to repay the whole of the allowance if the person is not entitled to the allowance on that date. Effect of section 329 14 For the purposes of this Part, a person is considered to be entitled to the orphan’s benefit for the child if the person is being paid that benefit for the child under section 329(b).
2: In Schedule 4, Part 5 The following table is small in size and contains 2 columns. The columns have no headings. Allowances 3 The following allowances in respect of the child: (a) on and after 1 July 2018, a clothing allowance; and (b) on and after 1 December 2021 (c) on and after 1 December 2021 2022 4 The allowances are in the same amount or at the same rate as the rates of payment determined under section 363(1) of the Oranga Tamariki Act 1989 for— (a) any clothing allowance: (b) any Christmas allowance (or any subsequent annual holiday allowance): (c) any birthday allowance. 5 The allowances are in addition to the applicable rate in clause 1. When caregiver is entitled to and paid holiday allowance 6 A person is entitled to the holiday allowance if the person is entitled to the unsupported child’s benefit for the child on 25 December. 7 The holiday allowance is payable before 25 December to a person whom MSD expects to be entitled to that allowance. 8 Payment of the holiday allowance before 25 December is subject to the condition that the person is liable to repay the whole of the allowance if the person is not entitled to the allowance on 25 December. When caregiver is entitled to and paid birthday allowance 9 A person is entitled to the birthday allowance if the person is entitled to the unsupported child’s benefit for the child on the entitlement date. 10 The entitlement date for the birthday allowance is the date of the child’s birthday. 11 However, 1 March is the entitlement date for a birthday that occurs, or would otherwise occur, on 29 February. 12 The birthday allowance is payable before the entitlement date to a person whom MSD expects to be entitled to that allowance. 13 Payment of the birthday allowance before the entitlement date is subject to the condition that the person is liable to repay the whole of the allowance if the person is not entitled to the allowance on that date. Effect of section 329 14 For the purposes of this Part, a person is considered to be entitled to the unsupported child’s benefit for the child if the person is being paid that benefit for the child under section 329(b).
8: Further amendments in relation to temporary OB or UCB caregiver
Amend the principal Act as set out in Part 1 Amendments to Social Security Regulations 2018
9: Principal regulations
Sections 10 to 13 Social Security Regulations 2018 2021-07-01 Social Security Regulations 2018
10: Regulation 20 amended (Interpretation)
1: In regulation 20(1) total income caregiver caregiver; but
2: In regulation 20(1) total income
d: does not include the following allowances under Part 4 or 5 of Schedule 4 of the Act:
i: a clothing allowance received by the caregiver on or after 1 July 2018; or
ii: a holiday allowance or birthday allowance received by the caregiver on or after 1 December 2021
11: Regulation 206 amended (Debts due to the Crown)
In the list of examples after regulation 206(b) An amount repayable under clause 8 An amount repayable under clause 13
12: Schedule 8 amended
In Schedule 8 The following table is small in size and has 4 columns. The table amends Schedule 8 of the Social Security Regulations 2018 and should be read with that table to provide understanding of the context. 9 A clothing, holiday, and birthday allowance to which Part 4 or 5 of Schedule 4 of the Act applies Not chargeable income for the person to whom the payment was made
13: Further amendments to principal regulations in relation to temporary OB or UCB caregiver
Amend the principal regulations as set out in Part 2
2: Transitional, savings, and related provisions
14: Schedule 1 amended
In Schedule 1
a: insert the Part set out in Schedule 1
b: make all necessary consequential amendments. 2021-07-01 Social Security Act 2018 Amendment to Social Security Regulations 2018
15: Principal regulations
Section 16 Social Security Regulations 2018 2021-07-01 Social Security Regulations 2018
16: Schedule 1 amended
In Schedule 1
a: insert the Part set out in Schedule 2
b: make all necessary consequential amendments.


1: Title
This Act is the Health (National Cervical Screening Programme) Amendment Act 2021.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Health Act 1956 principal Act 2021-06-29 Health Act 1956
4: Section 112A amended (Purpose)
1: In section 112A(b)(ii) that programme ; and
2: After section 112A(b)(ii)
iii: enabling access to information by specified classes of persons for the purpose of providing cervical screening, assessment, and treatment services and by researchers.
5: Section 112B amended (Interpretation)
1: In section 112B diagnostic test cervix or vagina
2: In section 112B NCSP register section 112C , and includes any part of the register that is replaced
3: In section 112B cervical screening service NCSP information
a: register information; and
b: information held by the NCSP as a result of an evaluation conducted in accordance with this Part register information
4: In section 112B screening test screening test
5: In section 112B specimen cervical and vaginal
6: Section 112J replaced (Certain information held by NCSP must not be disclosed)
Replace section 112J
112J: Restriction on access to, and use, retention, and disclosure of, NCSP information
1: No person may access, use, retain, or disclose NCSP information if that information identifies a woman, except as provided by this section.
2: The following persons may access register information by directly accessing the NCSP register:
a: a health practitioner engaged by or on behalf of a woman to provide cervical screening services to that woman, for the purpose of providing cervical screening services in relation to that woman:
b: a health practitioner engaged to provide cervical screening services in relation to the woman by or on behalf of a health practitioner referred to in paragraph (a)
c: administrative support staff engaged by a health practitioner referred to in paragraph (a) or (b)
d: district health board NCSP team staff performing the functions of NCSP register administrators and any other person or class of persons authorised for that purpose by the NCSP manager, for the purpose of supporting the operation of the NCSP:
e: a person engaged by the Ministry of Health or a district health board, and any other person or class of persons authorised for that purpose by the NCSP manager, for the purpose of providing support services to women experiencing barriers to accessing cervical screening services:
f: a person authorised by the NCSP manager, for the purpose of providing information to any person authorised to receive it under subsection (3) or (4)
3: Register information may be disclosed by a person referred to in subsection (2)(f)
a: a person authorised to access the NCSP register under subsection (2)
b: a person engaged by the Ministry of Health or a district health board, and any other person or class of persons authorised for that purpose by the NCSP manager, for the purpose of enabling results from a screening test or a diagnostic test to be followed up; or
c: a person engaged by the Ministry of Health or a district health board, and any other person or class of persons authorised for that purpose by the NCSP manager, for the purpose of enabling notices related to the NCSP to be sent to women who are enrolled in the NCSP, including reminder notices to women who are due for another screening test.
4: NCSP information may be accessed and disclosed by a person authorised for that purpose by the NCSP manager, if the disclosure is—
a: to a screening programme evaluator under section 112X(2)(a); or
b: to a review committee, in accordance with a request from that committee under section 112Q(1); or
c: for the purpose of research, in accordance with regulations made under section 112ZF(1)(a); or
d: for the purpose of enabling the compilation and publication of statistics that do not enable the identification of the women to whom those statistics relate, unless the disclosure is prohibited by any regulations made under section 112ZF(1)(b).
5: Any person who accesses or receives information in accordance with subsection (2), (3), or (4)
112JA: Further provisions relating to NCSP information
1: Nothing in section 112J
2: Nothing in section 112J see
3: Access to the NCSP register is subject to any conditions and procedures that the NCSP manager thinks necessary to impose or establish for the purpose of ensuring privacy and security of the material or information.
4: No person may amend the information stored on the NCSP register unless authorised for that purpose by the NCSP manager.
7: Section 112ZE amended (Screening programme employees may retain, access, use, and disclose information to perform functions)
After section 112ZE(2)
3: Despite subsection (1), an employee of the NCSP must obtain any necessary approval under the regulations before—
a: disclosing any identifiable protected information to a person who is not an employee of the NCSP performing functions as an employee of the NCSP; or
b: using non-identifiable protected information for the purpose of disclosing it to a person who is not an employee of the NCSP performing functions as an employee of the NCSP.
4: The actions that an employee of the NCSP may take without obtaining prior approval under the regulations include (without limitation)—
a: accessing or using protected information on or from the NCSP register for the purposes of performing, and to the extent necessary to perform, their functions as an employee of the NCSP if that access or use does not involve the publication of protected information (for example, routine internal data analyses, data modelling, and data quality checking):
b: administering automatic electronic uploads, updates, or back-ups with or between NCSP information management systems:
c: administering updates of information to—
i: any electronic application in existence at the commencement of this subsection that is operated by the NCSP; or
ii: any electronic application approved by the National Kaitiaki Group:
d: using, disclosing, or publishing non-identifiable protected information that is—
i: publicly available; or
ii: provided through any electronic application referred to in paragraph (c)
5: In subsections (3) and (4) identifiable protected information
a: is on or from the NCSP register; and
b: enables the identification of the individual or individuals to whom the information relates; and
c: identifies the individual or individuals as being Māori National Kaitiaki Group non-identifiable protected information
a: is on or from the NCSP register; and
b: identifies the individual or individuals to whom the information relates as being Māori; but
c: does not enable the identification of the individual or individuals regulations
6: Subsection (3)
8: Section 112ZF amended (Regulations)
In section 112ZF(1)(b) section 112J(1)(h) section 112J(4)(d)
9: Section 112ZP amended (Offences)
Replace section 112ZP(1)
1: Every person commits an offence against this Act who, without reasonable excuse,—
a: fails to comply with the requirements of section 112Y(3)(e) or (4)(b) or 112Z; or
b: accesses, uses, retains, or discloses any NCSP information or evaluation material in contravention of section 112J(1)
c: amends any information stored on the NCSP register, without authority from the NCSP manager under section 112JA(4)
10: Health (Cervical Screening (Kaitiaki)) Regulations 1995 amended
1: This section amends the Health (Cervical Screening (Kaitiaki)) Regulations 1995
2: In regulation 2(1) Register for this purpose , and includes any part of the Register that is replaced
3: In regulation 3(1) section 74A(5)(f) section 112J(4)(d)
4: In regulation 11(a) section 74A(5)(f) section 112J(4)(d) 2021-06-29 Health (Cervical Screening (Kaitiaki)) Regulations 1995


1: Title
This Act is the District Court (Protection of Judgment Debtors with Disabilities) Amendment Act 2021.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the District Court Act 2016 principal Act 2021-07-06 District Court Act 2016
4: Section 167 amended (Warrant to seize property)
1: After section 167(2)(a)(ii)
iii: if the judgment debtor is a disabled person or is a principal caregiver for a disabled person, any item that is necessary for the care, support, or independence of, or to promote the inclusion and participation in society of, the judgment debtor who is the disabled person or, as the case may be, the disabled person for whom the judgment debtor is the principal caregiver (for example, without limitation, any mobility device, specially adapted motor vehicle, or medical equipment); and
2: After section 167(4)
5: In this section,— disabled person mobility device
5: Section 168 amended (Immobilisation of motor vehicles)
After section 168(2)
2A: A motor vehicle to which section 167(2)(a)(iii)


1: Title
This Act is the Annual Reporting and Audit Time Frames Extensions Legislation Act 2021.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Amendment to Crown Entities Act 2004
3: Principal Act
This Part amends the Crown Entities Act 2004 2021-07-13 Crown Entities Act 2004
4: Section 156 amended (Audit report)
After section 156(2) Extension of time limit for 2020/21 and 2021/22 audits
3: Despite the time limit in subsection (2)(b),—
a: in relation to the financial year ending with 30 June 2021, the audit report referred to in that subsection must be provided by the Auditor-General no later than the close of 31 December 2021; and
b: in relation to the financial year ending with 30 June 2022, the audit report referred to in that subsection must be provided by the Auditor-General no later than the close of 31 December 2022.
4: However, subsection (3)
5: Subsections (3) and (4) subsection (3)
2: Amendments to Local Government Act 2002
5: Principal Act
This Part amends the Local Government Act 2002 2021-07-13 Local Government Act 2002
6: Section 67 amended (Annual report)
After section 67(4) Extension of time limits for 2020/21 and 2021/22 reports
5: Despite the time limit in subsection (1),—
a: in relation to the financial year ending with 30 June 2021, the report referred to in that subsection must be delivered in accordance with subsection (1)(b), and made available in accordance with subsection (1)(c), no later than the close of 30 November 2021; and
b: in relation to the financial year ending with 30 June 2022, the report referred to in that subsection must be delivered in accordance with subsection (1)(b), and made available in accordance with subsection (1)(c), no later than the close of 30 November 2022.
6: Subsection (5)
7: Section 98 amended (Annual report)
After section 98(6) Extension of time limits for 2020/21 and 2021/22 reports
7: Despite the time limit in subsection (3),—
a: in relation to the financial year ending with 30 June 2021, the report referred to in that subsection must be completed and adopted no later than the close of 31 December 2021; and
b: in relation to the financial year ending with 30 June 2022, the report referred to in that subsection must be completed and adopted no later than the close of 31 December 2022.
8: Subsection (7)


1: Title
This Act is the Education and Training (Grants—Budget Measures) Amendment Act 2021.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Education and Training Act 2020 2021-07-13 Education and Training Act 2020
1: Funding of certain early childhood services and certified playgroups
4: Section 548 amended (Funding of certain early childhood services and certified playgroups)
After section 548(5)
5A: Subsections (5B) and (5C)
a: specified under subsection (5)(a) or (b); and
b: that relate to employment matters (for example, remuneration).
5B: Those conditions or purposes may be specified by the Minister to help achieve aims that are, or include, employment relations aims.
5C: Those aims may, but need not, also be specified by the Minister.
2: Transitional, savings, and related provisions
5: Schedule 1 amended
In Schedule 1
a: insert the Part set out in the Schedule
b: make all necessary consequential amendments.


1: Title
This Act is the Gas (Information Disclosure and Penalties) Amendment Act 2021.
2: Commencement
1: Sections 4 5 7 to 12 14 18 20
2: The rest of this Act comes into force on a date or dates to be appointed by the Governor-General by Order in Council, and 1 or more Orders in Council may be made appointing different dates for different provisions and for different purposes.
3: However, any provision that has not earlier been brought into force comes into force immediately after the expiry of the 6-month period that starts on the date of Royal assent.
4: An Order in Council made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
1: Amendments to Gas Act 1992
3: Principal Act
This Part amends the Gas Act 1992 principal Act 2021-07-13 Gas Act 1992 Sections 4, 5, 7 to 12, 14, 18, and 20 (see section 2(1)). 2022-01-12 Gas Act 1992 Sections 6, 13, 15 to 17 and 19 come into force after expiry of 6 month period that starts on date of assent (see section 2(3)), unless earlier brought into force by OIC (see section 2(2)).
4: Section 2 amended (Interpretation)
1: In section 2(1) Corporation
2: In section 2(1) gas wholesaler
a: means any person who supplies gas to any other person or persons for the purpose of resupply by the other person or persons (whether or not the person who so supplies the gas is also a gas retailer); and
5: New section 3A inserted (Transitional, savings, and related provisions)
After section 3
3A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA
6: Section 43B amended (Outline of Part)
After section 43B(5)
5A: Subpart 5
7: Section 43C amended (Outline of regulation-making powers)
In section 43C(1) Regulations on arrangements relating to outages and other security of supply risks Regulations on information disclosure for the whole gas industry
8: Section 43D amended (Interpretation)
In section 43D gas governance regulations 43T 43TA
9: Section 43F amended (Gas governance regulations for wholesale market, processing facilities, transmission, and distribution of gas)
1: In the heading to section 43F and distribution of gas distribution of gas, security of supply, and disclosure
2: Repeal section 43F(2)(a)(vi)
3: After section 43F(2)(d) Arrangements relating to outages and other security of supply risks
e: providing, in relation to wholesale or any other markets for gas, for arrangements relating to outages and other security of supply risks, including imposing requirements in connection with those matters on any industry participant or consumer (other than a domestic consumer): Information disclosure for whole gas industry
f: providing for the provision and disclosure of data and information by any industry participant or consumer (other than a domestic consumer).
4: After section 43F(2)
3: The data and information referred to in subsection (2)(f)
a: volume, price, or other market information:
b: forecasts of supply or demand:
c: information about actual or potential outages:
d: information about risks to security of supply:
e: information about an industry participant or a consumer (other than a domestic consumer) that has, or may have, a significant impact on other industry participants or consumers:
f: information to help other industry participants or consumers (other than domestic consumers) to make informed decisions in connection with the gas industry.
4: Nothing in subsection (2)(a) to (e) subsection (2)(f)
10: Section 43I amended (Which gas governance regulations can be made if there is no industry body or Commission)
In section 43I(b) 43T 43TA
11: Section 43J amended (Which gas governance regulations can be made if there is industry body but no Commission)
In section 43J(1)(c) 43T 43TA
12: Section 43S amended (Supplementary empowering provision for regulations and rules)
In the heading to section 43S empowering provision for provision relating to
13: Section 43T repealed
Repeal section 43T
14: New section 43TA inserted (Regulations may provide for pecuniary penalties for consumers (other than domestic consumers))
After section 43S
43TA: Regulations may provide for pecuniary penalties for consumers (other than domestic consumers)
1: Any regulations made under this subpart may do 1 or more of the following:
a: identify provisions of regulations made under this subpart, or provisions of rules made under section 43Q, for the purposes of subpart 5
b: prescribe, in relation to each of those provisions, the maximum pecuniary penalty that may be imposed under subpart 5
c: prescribe a defence to a proceeding under subpart 5
2: A maximum pecuniary penalty referred to in subsection (1)(b)
15: Section 43V amended (Privileges protected)
1: In section 43V(3) given by an individual
2: In section 43V(3)(a) and (b) person individual
16: Section 43X amended (Rulings Panel may make certain orders)
In section 43X(1)(e) $20,000 $200,000
17: New section 43YA inserted (Offence to breach compliance orders)
After section 43Y
43YA: Offence to breach compliance orders
Every industry participant that breaches a requirement or an order made under section 43X(1) commits an offence and is liable on conviction to a fine not exceeding $20,000. SR 2008/253 r 51
18: Section 43ZP amended (What Minister can do with industry body recommendations about wholesale market, processing facilities, transmission, and distribution of gas)
In the heading to section 43ZP and distribution of gas distribution of gas, security of supply, and disclosure
19: New subpart 5 of Part 4A inserted
After section 43ZZR
5: High Court may impose pecuniary penalty on certain consumers for breach of gas industry regulations or rules
43ZZS: When High Court may order certain consumers to pay pecuniary penalty
1: The High Court may, on the application of the Secretary or the Commission, order a consumer (other than a domestic consumer) to pay to the Crown the pecuniary penalty that the court determines to be appropriate if the court is satisfied that the consumer has breached—
a: a provision of the gas governance regulations that is identified under section 43TA(1)(a)
b: a provision of the rules made under section 43Q that is identified under section 43TA(1)(a)
2: The maximum amount of a pecuniary penalty for a breach of a provision is the amount prescribed under section 43TA(1)(b)
3: The court may not order an industry participant to pay a pecuniary penalty under subsection (1) see instead
43ZZT: Considerations for High Court in deciding on amount of pecuniary penalty
1: The High Court must have regard to all relevant matters when deciding on an appropriate pecuniary penalty to impose on a consumer ( A
2: Those matters include—
a: the severity of the breach:
b: the impact of the breach on industry participants and consumers:
c: the extent to which the breach was inadvertent, negligent, deliberate, or otherwise:
d: the circumstances in which the breach occurred:
e: any previous breach of the regulations or rules by A:
f: the length of time the breach remained unresolved:
g: A’s actions on learning of the breach:
h: any benefit that A obtained, or expected to obtain, as a result of the breach.
43ZZU: Rules of civil procedure and civil standard of proof apply
1: A proceeding under this subpart is a civil proceeding.
2: The usual rules of court and rules of evidence and procedure for civil proceedings apply (including the standard of proof).
43ZZV: Only 1 pecuniary penalty order may be made for same conduct
1: This section applies if conduct by a consumer ( A section 43TA(1)(a)
2: One or more proceedings under this subpart may be brought against A for the breach of any 1 or more of the provisions.
3: However, A is not liable to more than 1 pecuniary penalty order for the same conduct.
20: New Schedule 1AA inserted
Insert the Schedule 1AA set out in the Schedule
2: Amendments to regulations
1: Gas Governance (Compliance) Regulations 2008
21: Amendments to Gas Governance (Compliance) Regulations 2008
This subpart amends the Gas Governance (Compliance) Regulations 2008 2022-01-12 Gas Governance (Compliance) Regulations 2008 Sections 21 to 23 come into force after expiry of 6 month period that starts on date of assent (see section 2(3)), unless earlier brought into force by OIC (see section 2(2)).
22: Regulation 51 revoked (Offence to breach compliance orders)
Revoke regulation 51
23: Regulation 52 amended (Rulings Panel may order payment of civil pecuniary penalty up to $20,000)
1: In the heading to regulation 52 $20,000 $200,000
2: In regulation 52(1) $20,000 $200,000
2: Gas Governance (Critical Contingency Management) Regulations 2008
24: Amendments to Gas Governance (Critical Contingency Management) Regulations 2008
This subpart amends the Gas Governance (Critical Contingency Management) Regulations 2008 2022-01-12 Gas Governance (Critical Contingency Management) Regulations 2008 Sections 24 and 25 come into force after expiry of 6 month period that starts on date of assent (see section 2(3)), unless earlier brought into force by OIC (see section 2(2)).
25: Regulations 82A and 82B revoked
Revoke regulations 82A 82B