These regulations are the Gas (Levy of Industry Participants) Regulations 2012.

These regulations come into force on 1 July 2012.

(1) These regulations apply to the 2012/13 financial year.

(2) These regulations provide for a levy to meet the estimated costs referred to in section 43ZZC of the Act.

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

(2) Any term not defined in subclause (1) but defined in section 2(1) or 43D of the Act has the meaning set out in those sections.

(1) Every person who is an industry participant on the first day of any month during the 2012/13 financial year must pay to GIC a wholesale gas levy for that month calculated in accordance with subclause (2).

(2) The levy rate is 1.74 cents per gigajoule of gas purchased during the previous month by the industry participant from gas producers.

(3) However, an industry participant is not liable to pay a wholesale gas levy on any gas purchased by it from a gas producer who has purchased that gas from another gas producer.

The wholesale gas levy for a month is due and payable on the 20th day of that month.

(1) In order to ensure that the amount of levy paid is correct, every industry participant who is liable to pay a wholesale gas levy for a month must supply to GIC a written return stating the total number of gigajoules of gas that the industry participant purchased during the previous month from—

• (a) all gas producers; and

• (b) those gas producers, as described in regulation 5(3), who have purchased the gas from other gas producers.

(2) The industry participant must supply the return no later than the due date for payment of the levy for that month or on any later date agreed by GIC.

(1) Every gas retailer who is an industry participant on the last day of any month in the period June 2012 to May 2013 (inclusive) (date A), must pay to GIC a retail gas levy for the month that begins on the first day of the following month, calculated in accordance with subclause (2).

(2) The levy rate is 51.92 cents per month for each ICP for which the registry, as at date A, shows—

• (a) the gas retailer is the responsible retailer; and

• (b) the status ACTIVE-CONTRACTED.

(3) In this regulation, ICP and registry have the same meanings as in rule 5.2 of the Gas (Switching Arrangements) Rules 2008 (made under section 43Q of the Act).

The retail gas levy for a month is due and payable on the 20th day of that month.

(1) GIC may, by notice in writing, require any industry participant to state whether or not the industry participant is liable to pay a levy prescribed by these regulations.

(2) The statement by the industry participant must be in writing and be certified as required by regulation 11.

An industry participant must ensure that any returns or statements supplied by it under these regulations are certified as correct by a director of the industry participant or by any other person who is authorised by the industry participant to certify the correctness of the returns or statements.

(1) An industry participant who fails to pay any amount of any levy under these regulations on or before the date on which it falls due is liable to pay an additional levy of 10% of the total amount remaining unpaid on the close of that date.

(2) An additional levy under subclause (1) becomes due and payable on the tenth working day after the date on which GIC notifies the industry participant that the additional levy is payable.

GIC must ensure that any returns, statements, or other information supplied under these regulations are used only for the purposes of collecting the levies prescribed by these regulations, except to the extent that—

• (a) the person who supplied the returns, statements, or information consents otherwise; or

• (b) GIC is required by or under law to disclose the returns, statements, or information.

(1) The levies are exclusive of any GST.

(2) If any GST is payable on the amount of any levy, the industry participant liable to pay the levy must pay the amount of GST to GIC together with its payment of the levy amount.

The Gas (Levy of Industry Participants) Regulations 2011 (SR 2011/182) are consequentially revoked.