Following consideration of a recommendation from the Gas Industry Company Limited that I received on 21 July 2021, and in accordance with section 43ZP of the Gas Act 1992 (“Act”), I give notice that I have accepted the recommendation to amend the Gas Governance (Critical Contingency Management) Regulations 2008 to introduce civil pecuniary penalties up to $200,000, for specific breaches of gas governance regulations by consumers (other than domestic consumers) who are not classified as industry participants.

The Gas (Information Disclosure and Penalties) Amendment Act 2021 (“Amendment Act”) amended the penalties regime in the Act by, among other amendments, replacing the ability for regulations to prescribe criminal penalties with the ability for regulations to prescribe civil pecuniary penalties for consumers (other than domestic consumers) who are not industry participants. These amendments will come into effect 12 January 2022, unless brought forward by Order in Council. 

I have accepted the recommendation as it will:

• provide for more equitable treatment between industry participants and consumers (other than domestic consumers) who are not industry participants, by making both groups subject to civil pecuniary penalties up to $200,000; and
• ensure there will not be a regulatory gap in the ability to enforce the Gas Governance (Critical Contingency Management) Regulations 2008 after the relevant provisions in the Amendment Act come into force.