Gas Pipelines Access (Queensland) Act 1998 (Qld)

GAS PIPELINES ACCESS (QUEENSLAND) ACT 1998

Queensland GAS PIPELINES ACCESS (QUEENSLAND) ACT 1998 Reprinted as in force on 1 July 2003 (includes commenced amendments up to 2003 Act No. 29) Reprint No. 1D This reprint is prepared by the Ofﬁce of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This Act is reprinted as at 1 July 2003. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is speciﬁc to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard copy and electronic, are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of a hard copy reprint is the same as the date shown for an electronic version previously published, it merely means that the electronic version was published before the hard copy version. Also, any revised edition of the previously published electronic version will have the same date as that version. Replacement reprint date If the date of a hard copy reprint is the same as the date shown on another hard copy reprint it means that one is the replacement of the other.

Queensland GAS PIPELINES ACCESS (QUEENSLAND) ACT 1998 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 3 Deﬁnitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 4 Words and expressions used in Gas Pipelines Access Law. . . . . . . . . . . . . . 14 5 Crown to be bound . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 6 Application to coastal waters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 7 Extra-territorial operation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 PART 2—GAS PIPELINES ACCESS (QUEENSLAND) LAW AND GAS PIPELINES ACCESS (QUEENSLAND) REGULATIONS 8 Application in Queensland of Gas Pipelines Access Law. . . . . . . . . . . . . . . 15 9 Application in Queensland of regulations under Gas Pipelines Access Law 15 10 Attachment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 11 Interpretation of some expressions in the Gas Pipelines Access (Queensland) Law and the Gas Pipelines Access (Queensland) Regulations 16 PART 3—NATIONAL ADMINISTRATION AND ENFORCEMENT 12 Conferral of functions and powers on Commonwealth Minister and Commonwealth bodies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 13 Conferral of power on Commonwealth Minister and Commonwealth bodies to do acts in this State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 14 Conferral of power on Ministers, regulators and appeals bodies of other scheme participants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 15 Conferral of functions on, and delegation of powers by, code registrar . . . . 18 16 Functions and powers conferred on Queensland Minister, regulator and appeals body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

2 Gas Pipelines Access (Queensland) Act 1998 17 Functions of QCA as local regulator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 PART 4—LOCAL APPEALS BODY Division 1—Establishment, function and powers of Queensland Gas Appeals Tribunal 22 Establishment of tribunal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 23 Function of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 24 Powers of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Division 2—Provisions about tribunal members, registrar and other staff 25 Qualiﬁcations of tribunal members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 26 Appointment of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 27 Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 28 Vacation of ofﬁce. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 29 Remuneration of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 30 Appointment of registrar and other staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Division 3—Reviews by the tribunal 31 How application for review made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 32 Who constitutes tribunal for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 33 Conduct of proceeding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 34 Venues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 35 Right of appearance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 36 Way questions decided . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 37 Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Division 4—Procedural provisions about reviews by the tribunal 38 Procedural powers of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 39 Inspection of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 40 Offences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 41 Self-incrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 42 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 43 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 44 Tribunal to keep records of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Division 5—Other provisions about the tribunal 45 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

3 Gas Pipelines Access (Queensland) Act 1998 46 Contempt of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 47 Protection of members, legal representatives and witnesses . . . . . . . . . . . . . 27 48 Authentication of documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 49 Judicial notice of certain signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 50 Conﬁdentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Division 6—Subcommittees 51 Advisory and technical subcommittees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 52 Proceedings of subcommittees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Division 7—General 53 Regulation-making power for pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 PART 5—MISCELLANEOUS 54 Exemption from taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 55 Actions in relation to cross-boundary pipelines . . . . . . . . . . . . . . . . . . . . . . 30 PART 6—LOCAL TRANSITIONAL PROVISIONS 56 Deﬁnitions for pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 57 Pipelines taken to be covered pipelines. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 58 Reference tariffs for certain pipelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 59 Access principles for the Queensland part of the PNG to Queensland pipeline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 60 Access principles for certain other pipelines. . . . . . . . . . . . . . . . . . . . . . . . . 33 ATTACHMENT TO THE GAS PIPELINES ACCESS (QUEENSLAND) ACT 1998 GAS PIPELINES ACCESS (SOUTH AUSTRALIA) ACT 1997 PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 3 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 4 Crown to be bound . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 5 Application to coastal waters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 6 Extra-territorial operation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 PART 2—GAS PIPELINES ACCESS (SOUTH AUSTRALIA) LAW AND GAS PIPELINES ACCESS (SOUTH AUSTRALIA) REGULATIONS 7 Application in South Australia of the Gas Pipelines Access Law . . . . . . . . . 38

4 Gas Pipelines Access (Queensland) Act 1998 8 Application of regulations under Gas Pipelines Access Law . . . . . . . . . . . . 38 9 Interpretation of some expressions in the Gas Pipelines Access (South Australia) Law and Gas Pipelines Access (South Australia) Regulations. . . 38 PART 3—POWER TO MAKE REGULATIONS FOR THE GAS PIPELINES ACCESS LAW 10 General regulation-making power for Gas Pipelines Access Law . . . . . . . . 39 11 Civil penalty provisions of the Gas Pipelines Access Law . . . . . . . . . . . . . . 40 12 Speciﬁc regulation-making powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 PART 4—NATIONAL ADMINISTRATION AND ENFORCEMENT Division 1—Conferral of functions and powers 13 Conferral of functions on Commonwealth Minister and Commonwealth bodies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 14 Conferral of power on Commonwealth Minister and Commonwealth bodies to do acts in this State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 15 Conferral of power on Ministers, Regulators and appeals bodies of other scheme participants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 16 Conferral of functions on Code Registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 17 Functions and powers conferred on South Australian Minister, Regulator and appeals body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Division 2—Federal Court 18 Jurisdiction of Federal Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 19 Conferral of jurisdiction on Federal Court not to affect cross-vesting . . . . . 43 Division 3—Administrative decisions 20 Application of Commonwealth AD(JR) Act . . . . . . . . . . . . . . . . . . . . . . . . . 43 21 Application of Commonwealth AD(JR) Act in relation to other scheme participants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 PART 5—GENERAL 22 Exemption from taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 23 Actions in relation to cross-boundary pipelines . . . . . . . . . . . . . . . . . . . . . . 46 24 Subordinate Legislation Act 1978 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 PART 6—LOCAL ADMINISTRATION AND ENFORCEMENT Division 1—Code registrar 25 Code Registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 26 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 27 Annual report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48

5 Gas Pipelines Access (Queensland) Act 1998 28 Immunity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Division 2—Local regulator 29 South Australian Independent Pricing and Access Regulator . . . . . . . . . . . . 48 30 Functions and powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 31 Independence of Regulator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 32 Term of ofﬁce etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 33 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 34 Conﬂict of interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 35 Acting Regulator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 36 Staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 37 Money required for purposes of division . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 38 Expenditure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 39 Financial management. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 40 Annual report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 41 Immunity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Division 3—Appeals body 42 South Australian Gas Review Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 43 Panels. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 44 Principles governing hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 45 Powers and procedures of the Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 46 Immunity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Division 4—Miscellaneous 47 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 PART 7—LOCAL TRANSITIONAL AND CONSEQUENTIAL PROVISIONS Division 1—Transitional provisions 48 Reference tariffs during transitional period. . . . . . . . . . . . . . . . . . . . . . . . . . 57 Division 2—Consequential amendments Subdivision 1—Preliminary 49 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 Subdivision 2—Repeal of Natural Gas Pipelines Access Act 1995 50 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58

6 Gas Pipelines Access (Queensland) Act 1998 Subdivision 3—Amendment of Gas Act 1997 51 Amendment of s 8—Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 52 Amendment of s 11—Obligation to preserve conﬁdentiality . . . . . . . . . . . . 59 53 Amendment of s 18—Obligation to preserve conﬁdentiality . . . . . . . . . . . . 59 54 Amendment of s 24—Licence fees and returns . . . . . . . . . . . . . . . . . . . . . . 59 Subdivision 4—Amendment of Petroleum Act 1940 55 Amendment of s. 80L—Minister may require operator to convey petroleum 60 SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 61 THIRD PARTY ACCESS TO NATURAL GAS PIPELINES PART 1—PRELIMINARY 1 Citation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 2 Deﬁnitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 3 Scheme participants. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 4 Interpretation generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 PART 2—NATIONAL THIRD PARTY ACCESS CODE FOR NATURAL GAS PIPELINE SYSTEMS 5 The Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 6 Amendment of Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 7 Availability of copies of amended Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 8 Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 PART 3—PIPELINES 9 Deﬁnitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 10 Application for classiﬁcation and determination of close connection for purposes of coverage under Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 11 Classiﬁcation when Ministers do not agree. . . . . . . . . . . . . . . . . . . . . . . . . . 77 12 Code Registrar to record classiﬁcation etc. . . . . . . . . . . . . . . . . . . . . . . . . . . 78 13 Preventing or hindering access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 PART 4—ARBITRATION OF ACCESS DISPUTES 14 Deﬁnitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 15 Application of part. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 16 Person to conduct arbitration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 17 Where ACCC conducts arbitration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 18 Hearing to be in private . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82

7 Gas Pipelines Access (Queensland) Act 1998 19 Right to representation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 20 Procedure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 21 Particular powers of arbitrator. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 22 Determination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 23 Contempt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 24 Disclosure of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 25 Power to take evidence on oath or afﬁrmation . . . . . . . . . . . . . . . . . . . . . . . 84 26 Failing to attend as a witness. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 27 Failing to answer question etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 28 Intimidation etc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 29 Party may request arbitrator to treat material as conﬁdential . . . . . . . . . . . . 86 30 Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 31 Appeal to Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 PART 5—PROCEEDINGS FOR BREACH OF LAW 32 Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 33 Criminal proceedings do not lie . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 34 Civil penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 35 Injunctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 36 Actions for damages for contravention of conduct provision . . . . . . . . . . . . 92 37 Declaratory relief. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 PART 6—ADMINISTRATIVE APPEALS 38 Application for review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 39 Merits review of access arrangements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 PART 7—GENERAL 40 Supply and haulage of natural gas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 41 Power to obtain information and documents. . . . . . . . . . . . . . . . . . . . . . . . . 98 42 Restriction on disclosure of conﬁdential information . . . . . . . . . . . . . . . . . . 100 43 Application for review of disclosure notice . . . . . . . . . . . . . . . . . . . . . . . . . 102 APPENDIX TO SCHEDULE 1 . . . . . . . . . . . . . . . . . 103 MISCELLANEOUS PROVISIONS RELATING TO INTERPRETATION PART 1—PRELIMINARY 1 Displacement of Appendix by contrary intention . . . . . . . . . . . . . . . . . . . . . 103

8 Gas Pipelines Access (Queensland) Act 1998 PART 2—GENERAL 2 Law to be construed not to exceed legislative power of Legislature. . . . . . . 103 3 Every section to be a substantive enactment . . . . . . . . . . . . . . . . . . . . . . . . . 104 4 Material that is, and is not, part of this Law . . . . . . . . . . . . . . . . . . . . . . . . . 104 5 References to particular Acts and to enactments. . . . . . . . . . . . . . . . . . . . . . 104 6 References taken to be included in Act or Law citation etc. . . . . . . . . . . . . . 105 7 Interpretation best achieving Law’s purpose . . . . . . . . . . . . . . . . . . . . . . . . . 105 8 Use of extrinsic material in interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 9 Compliance with forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 PART 3—TERMS AND REFERENCES 10 Deﬁnitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 11 Provisions relating to deﬁned terms and gender and number . . . . . . . . . . . . 112 12 Meaning of may and must etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 13 Words and expressions used in statutory instruments . . . . . . . . . . . . . . . . . . 112 14 Effect of express references to bodies corporate and individuals . . . . . . . . . 112 15 References to Minister. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 16 Production of records kept in computers etc. . . . . . . . . . . . . . . . . . . . . . . . . 114 17 This scheme participant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 18 References to ofﬁcers and holders of ofﬁces. . . . . . . . . . . . . . . . . . . . . . . . . 115 19 Reference to certain provisions of Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 PART 4—FUNCTIONS AND POWERS 20 Performance of statutory functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 21 Power to make instrument or decision includes power to amend or repeal . 116 22 Matters for which statutory instruments may make provision . . . . . . . . . . . 117 23 Presumption of validity and power to make . . . . . . . . . . . . . . . . . . . . . . . . . 118 24 Appointments may be made by name or ofﬁce . . . . . . . . . . . . . . . . . . . . . . . 118 25 Acting appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 26 Powers of appointment imply certain incidental powers. . . . . . . . . . . . . . . . 120 27 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 28 Exercise of powers between enactment and commencement . . . . . . . . . . . . 122 PART 5—DISTANCE AND TIME 29 Matters relating to distance and time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125

9 Gas Pipelines Access (Queensland) Act 1998 PART 6—SERVICE OF DOCUMENTS 30 Service of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 31 Meaning of service by post etc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 PART 7—EFFECT OF REPEAL, AMENDMENT OR EXPIRATION 32 Time of Law ceasing to have effect. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 33 Repealed Law provisions not revived . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 34 Saving of operation of repealed Law provisions . . . . . . . . . . . . . . . . . . . . . . 127 35 Continuance of repealed provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 36 Law and amending Acts to be read as one . . . . . . . . . . . . . . . . . . . . . . . . . . 128 PART 8—OFFENCES UNDER THIS LAW 37 Penalty at end of provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 38 Penalty other than at end of provision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 39 Indictable offences and summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . 129 40 Double jeopardy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 41 Aiding and abetting, attempts etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 PART 9—INSTRUMENTS UNDER THIS LAW 42 Appendix applies to statutory instruments . . . . . . . . . . . . . . . . . . . . . . . . . . 130 SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 132 NATIONAL THIRD PARTY ACCESS CODE FOR NATURAL GAS PIPELINE SYSTEMS 1 Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 2 Access arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 3 Content of an access arrangement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 4 Ring fencing arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178 5 Information and timelines for negotiation. . . . . . . . . . . . . . . . . . . . . . . . . . . 187 6 Dispute resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191 7 General regulatory and miscellaneous provisions. . . . . . . . . . . . . . . . . . . . . 202 8 Reference tariff principles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209 10 INTERPRETATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 234

10 Gas Pipelines Access (Queensland) Act 1998 ATTACHMENT A—INFORMATION DISCLOSURE BY A SERVICE PROVIDER TO INTERESTED PARTIES SCHEDULE A—PIPELINES TO BE COVERED FROM COMMENCEMENT OF THE CODE INDEX ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 274 2 Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . 274 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 274 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 275 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 275 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 276

11 Gas Pipelines Access (Queensland) Act 1998 GAS PIPELINES ACCESS (QUEENSLAND) ACT 1998 [as amended by all amendments that commenced on or before 1 July 2003] An Act about third party access to natural gas pipeline systems, and for related purposes Preamble— 1. The Council of Australian Governments agreed, in February 1994, to general principles of competition policy reform to enable third parties, in particular circumstances, to gain access to essential facilities. 2. The Council of Australian Governments, as part of that commitment to reform, agreed to more specific proposals for the development of free and fair trade in natural gas. 3. The Commonwealth, the States of New South Wales, Victoria, Queensland, South Australia, Western Australia and Tasmania, the Northern Territory and the Australian Capital Territory agreed in November 1997 to the enactment of legislation in the Commonwealth and those States and Territories so that a uniform national framework applies for third party access to all gas pipelines that— (a) facilitates the development and operation of a national market for natural gas; and (b) prevents abuse of monopoly power; and (c) promotes a competitive market for natural gas in which customers may choose suppliers, including producers, retailers and traders; and (d) provides rights of access to natural gas pipelines on conditions that are fair and reasonable for the owners and operators of gas

12 Gas Pipelines Access (Queensland) Act 1998 transmission and distribution pipelines and persons wishing to use the services of those pipelines; and (e) provides for resolution of disputes.

s 1 13 s 3 Gas Pipelines Access (Queensland) Act 1998 PART 1—PRELIMINARY 1 Short title This Act may be cited as the Gas Pipelines Access (Queensland) Act 1998 . 2 Commencement This Act commences on a day to be ﬁxed by proclamation. 3 Deﬁnitions In this Act— “attendance notice” see section 38. 1 “conviction” includes a plea of guilty or a finding of guilt by a court even though a conviction is not recorded. “Gas Pipelines Access Law ” means— (a) schedule 1 to the South Australian Act— (i) as enacted; or (ii) if amended, as amended and in force for the time being; and (b) the National Third Party Access Code for Natural Gas Pipeline Systems (a copy of which, as agreed by the Council of Australian Governments on 7 November 1997, is set out in schedule 2 to the South Australian Act) or, if that code is amended in accordance with schedule 1 to that Act, that code as so amended and in force for the time being. “Gas Pipelines Access (Queensland) Law” means the provisions applying because of section 8. “Gas Pipelines Access (Queensland) Regulations” means the provisions applying because of section 9. 1 Section 38 (Procedural powers of tribunal)

s 4 14 s 7 Gas Pipelines Access (Queensland) Act 1998 “South Australian Act” means the Gas Pipelines Access (South Australia)Act 1997(SA). “tribunal” means the Queensland Gas Appeals Tribunal. 4 Words and expressions used in Gas Pipelines Access Law (1) Words and expressions used in the Gas Pipelines Access Law, as applying because of section 8, and in this Act have the same respective meanings in this Act as they have in that law as so applying. (2) Subsection (1) does not apply to the extent that the context or subject matter otherwise indicates or requires. 5 Crown to be bound This Act, the Gas Pipelines Access (Queensland) Law and the Gas Pipelines Access (Queensland) Regulations bind the Crown, not only in right of Queensland but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities. 6 Application to coastal waters (1) This Act, the Gas Pipelines Access (Queensland) Law and the Gas Pipelines Access (Queensland) Regulations apply in the coastal waters of this State. (2) In this section— “coastal waters” , of this State, means any sea that is on the landward side of the adjacent area in respect of the State but is not within the limits of the State. 7 Extra-territorial operation (1) It is the intention of the Parliament that the operation of this Act, the Gas Pipelines Access (Queensland) Law and the Gas Pipelines Access (Queensland) Regulations should, as far as possible, include operation in relation to the following— (a) things situated in or outside this State; (b) acts, transactions and matters done, entered into or occurring in or outside this State;

s 8 15 s 10 Gas Pipelines Access (Queensland) Act 1998 (c) things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Act, be governed or otherwise affected by the law of another State, a Territory, the Commonwealth or a foreign country. (2) Nothing in subsection (1) has effect in relation to a pipeline to the extent that the pipeline is situated, or partly situated, beyond the jurisdictional areas of all the scheme participants. PART 2—GAS PIPELINES ACCESS (QUEENSLAND) LAW AND GAS PIPELINES ACCESS (QUEENSLAND) REGULATIONS 8 Application in Queensland of Gas Pipelines Access Law The Gas Pipelines Access Law— (a) applies as a law of Queensland; and (b) as so applying, may be referred to as the Gas Pipelines Access (Queensland) Law. 9 Application in Queensland of regulations under Gas Pipelines Access Law The regulations in force for the time being under part 3 of the South Australian Act— (a) apply as regulations in force for the Gas Pipelines Access (Queensland) Law; and (b) as so applying, may be referred to as the Gas Pipelines Access (Queensland) Regulations. 10 Attachment (1) Attached to this Act is a copy of the South Australian Act. (2) The attachment is not part of this Act.

s 11 16 s 11 Gas Pipelines Access (Queensland) Act 1998 (3) The attachment must be revised so that it is an accurate copy of the South Australian Act, and the National Third Party Access Code for Natural Gas Pipeline Systems, as amended from time to time. 2 (4) The revision under subsection (3) must happen in the first reprint of this Act after an amendment of the South Australian Act or the code. (5) A copy of an Act passed by the Parliament of South Australia that amends the South Australian Act must be tabled in the Legislative Assembly by the Minister within 14 sitting days after it receives the Royal Assent. (6) A copy of a regulation made under part 3 of the South Australian Act must be tabled in the Legislative Assembly by the Minister within 14 sitting days after it is made. (7) A copy of an agreement for an amendment of the code, must be tabled in the Legislative Assembly by the Minister within 14 sitting days after it comes into force. (8) This section does not affect the operation of sections 8 and 9. 11 Interpretation of some expressions in the Gas Pipelines Access (Queensland) Law and the Gas Pipelines Access (Queensland) Regulations (1) In the Gas Pipelines Access (Queensland) Law and the Gas Pipelines Access (Queensland) Regulations— “code” means the National Third Party Access Code for Natural Gas Pipeline Systems (a copy of which, as agreed by the Council of Australian Governments on 7 November 1997, is set out in schedule 2 to the South Australian Act) or, if that code is amended in accordance with schedule 1 to that Act, that code as so amended and in force for the time being, as it applies because of section 8 of this Act as a law of Queensland. “court” means the Supreme Court. “designated appeals body” means the Australian Competition Tribunal. “designated Minister” means the Commonwealth Minister. 2 The code (a copy of which, as agreed by the Council of Australian Governments on 7 November 1997, is set out in schedule 2 to the South Australian Act) may be amended by agreement of relevant Ministers in accordance with schedule 1 to that Act.

s 12 17 s 12 Gas Pipelines Access (Queensland) Act 1998 “Gas Pipelines Access Law” or “this law” means the Gas Pipelines Access (Queensland) Law. “Legislature” means the Parliament of Queensland. “local appeals body” means the Queensland Gas Appeals Tribunal. “local Minister” means the Minister administering the PetroleumAct1923 . “local regulator” means the Queensland Competition Authority. “Supreme Court” means the Supreme Court of Queensland. “this scheme participant” means the State of Queensland. (2) The Acts Interpretation Act 1915 , and other Acts, of South Australia do not apply to— (a) the Gas Pipelines Access Law set out in schedule 1 to the South Australian Act in its application as a law of Queensland; or (b) the regulations in force for the time being under part 3 of the South Australian Act in their application as regulations in force for the Gas Pipelines Access Law. PART 3—NATIONAL ADMINISTRATION AND ENFORCEMENT 12 Conferral of functions and powers on Commonwealth Minister and Commonwealth bodies (1) The Commonwealth Minister, the ACCC, the NCC and the Australian Competition Tribunal have the functions and powers conferred or expressed to be conferred on them respectively under the Gas Pipelines Access (Queensland) Law. 3 (2) In addition to the powers mentioned in subsection (1), the Commonwealth Minister and the bodies referred to in that subsection have power to do all things necessary or convenient to be done in connection 3 The entities “ACCC” and “NCC” are respectively the Australian Competition and Consumer Commission and the National Competition Council—see the deﬁnitions for the terms in schedule 1 to the South Australian Act.

s 13 18 s 15 Gas Pipelines Access (Queensland) Act 1998 with the performance or exercise of the functions and powers referred to in that subsection. 13 Conferral of power on Commonwealth Minister and Commonwealth bodies to do acts in this State The Commonwealth Minister, the ACCC, the NCC and the Australian Competition Tribunal have power to do acts in or in relation to this State in the performance or exercise of a function or power expressed to be conferred on them respectively by the gas pipelines access legislation of another scheme participant. 4 14 Conferral of power on Ministers, regulators and appeals bodies of other scheme participants The local Minister, the local regulator and the local appeals body under the gas pipelines access legislation of another scheme participant have power to do acts in or in relation to this State in the performance or exercise of a function or power expressed to be conferred on them respectively by the gas pipelines access legislation of that other scheme participant. 15 Conferral of functions on, and delegation of powers by, code registrar (1) The code registrar has— (a) the functions and powers conferred or expressed to be conferred on the code registrar under the Gas Pipelines Access (Queensland) Law or under the National Gas Agreement; 5 and (b) any other functions and powers conferred on the code registrar by unanimous resolution of the relevant Ministers of the scheme participants. 4 Schedule 1 to the South Australian Act deﬁnes the “gas pipelines access legislation” for each scheme participant. Under the schedule, the scheme participants are the Commonwealth, the states of New South Wales, Victoria, Queensland, South Australia, Western Australia and Tasmania, the Australian Capital Territory and the Northern Territory. 5 The agreement is the National Gas Pipelines Access Agreement entered into by the scheme participants on 7 November 1997.

s 16 19 s 17 Gas Pipelines Access (Queensland) Act 1998 (2) In addition to the powers mentioned in subsection (1), the code registrar has power to do all things necessary or convenient to be done in connection with the performance or exercise of the functions and powers referred to in that subsection. (3) The code registrar may delegate the code registrar’s powers under this section to an appropriately qualified person. 6 (4) In this section— “appropriately qualiﬁed” , for a person to whom a power may be delegated, includes having the qualifications, experience or standing to exercise the power. 16 Functions and powers conferred on Queensland Minister, regulator and appeals body If the gas pipelines access legislation of another scheme participant confers a function or power on the local Minister, local regulator or local appeals body, the Minister, regulator or body— (a) may perform that function or exercise that power; and (b) may do all things necessary or convenient to be done in connection with the performance or exercise of that function or power. 17 Functions of QCA as local regulator The Queensland Competition Authority in its capacity as the local regulator under the Gas Pipelines Access (Queensland) Law— (a) may only perform the functions and only exercise the powers that are conferred on it under the law or the gas pipelines access legislation of another scheme participant; and (b) in performing the functions or exercising the powers is not subject to the control or direction of any Minister exercising power under the Queensland Competition Authority Act 1997 . 6 See the Acts Interpretation Act 1954 , section 27A(12) (Delegation of Powers) for the restriction on subdelegation of a power of delegation.

s 22 20 s 25 Gas Pipelines Access (Queensland) Act 1998 PART 4—LOCAL APPEALS BODY Division 1—Establishment, function and powers of Queensland Gas Appeals Tribunal 22 Establishment of tribunal (1) The Queensland Gas Appeals Tribunal is established. (2) The tribunal consists of the following members— (a) a chairperson; (b) a pool of 5 panel members. (3) The tribunal is to be convened only when an appeal is lodged. 23 Function of tribunal The function of the tribunal is to conduct reviews of decisions under the Gas Pipelines Access (Queensland) Law. 7 24 Powers of tribunal For performing its function, the tribunal has— (a) the powers conferred on it under this Act; and (b) the powers conferred on a local appeals body under the Gas Pipelines Access (Queensland) Law. Division 2—Provisions about tribunal members, registrar and other staff 25 Qualiﬁcations of tribunal members (1) The chairperson of the tribunal is to be nominated for appointment by the Minister and must— (a) have been a Supreme or District Court judge; or 7 For administrative review provisions of certain decisions—see part 6 of schedule 1 to the South Australian Act.

s 26 21 s 28 Gas Pipelines Access (Queensland) Act 1998 (b) be a lawyer of at least 5 years standing. (2) Members of the pool are to be nominated by the Minister. (3) In nominating a member of the pool, regard must be had to the desirability of the members collectively having knowledge and understanding of the financial, technical, legal and economic aspects of the gas industry. 26 Appointment of members (1) The members of the tribunal are to be appointed by the Governor in Council. (2) A member is appointed under this Act and not under the PublicService Act 1996. 27 Duration of appointment A member is to be appointed for the term, not longer than 3 years, stated in the member’s instrument of appointment. 28 Vacation of ofﬁce (1) The office of a member becomes vacant if— (a) the member resigns by signed notice of resignation given to the Minister; or (b) the member is convicted of an indictable offence; or (c) the member’s appointment is terminated by the Governor in Council. (2) The Governor in Council may only terminate a member’s appointment if— (a) the member becomes mentally or physically incapable of satisfactorily performing the member’s duties; or (b) the Governor in Council is satisﬁed the member has neglected the member’s duties or performed the member’s duties incompetently or inefﬁciently.

s 29 22 s 32 Gas Pipelines Access (Queensland) Act 1998 29 Remuneration of members A member is entitled to be paid the remuneration and allowances decided by the Governor in Council. 30 Appointment of registrar and other staff (1) A registrar of the tribunal, and the other staff that may be necessary to enable the tribunal to exercise its function, may be employed under the Public Service Act 1996 . (2) A public service officer may be appointed under subsection (1) and may hold the appointment in conjunction with any other appointment the officer holds in the public service. Division 3—Reviews by the tribunal 31 How application for review made (1) An application to the tribunal for a review of a decision under the Gas Pipelines Access (Queensland) Law is made by filing a written notice with the registrar of the tribunal. 8 (2) The registrar must give a copy of the application to the local regulator or local Minister. 32 Who constitutes tribunal for review (1) For reviewing the decision, the tribunal is to be constituted by— (a) the chairperson of the tribunal; and (b) 3 other members chosen by the chairperson from the pool of panel members. (2) The selection of the panel members is at the discretion of the chairperson but should be based on the subject of the review, the individual skills of the pool members and their availability. 8 Under section 38(2) (Application for review) of schedule 1 to the South Australian Act, the application must be made within 14 days after the decision is made.

s 33 23 s 36 Gas Pipelines Access (Queensland) Act 1998 33 Conduct of proceeding (1) In a proceeding for reviewing the decision, the tribunal must— (a) observe natural justice; and (b) act as quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues before it. (2) In conducting the proceeding, the tribunal— (a) is not bound by the rules of evidence; and (b) may decide the procedures to be followed. (3) However, the tribunal must comply with the Gas Pipelines Access (Queensland) Law, this division and any procedural rules prescribed under a regulation. 34 Venues The tribunal is to sit at the times and places the chairperson of the tribunal decides. 35 Right of appearance A party may appear before the tribunal in person or be represented by a lawyer or agent. 36 Way questions decided (1) A question of law before the tribunal is to be decided by the chairperson of the tribunal. (2) If the members are divided in opinion about the decision to be made on another question before the tribunal— (a) if there is a majority of the same opinion—the question is decided according to the majority opinion; or (b) otherwise—the question is decided according to the chairperson’s opinion.

s 37 24 s 40 Gas Pipelines Access (Queensland) Act 1998 37 Notice of decision On making a decision on the review, the registrar of the tribunal must send a written copy of the tribunal’s decision and the reasons for it to the applicant and the local regulator or local Minister. Division 4—Procedural provisions about reviews by the tribunal 38 Procedural powers of tribunal (1) The tribunal may, by written notice (an “attendance notice” ), require a person to attend a proceeding before the tribunal at a stated time and place— (a) to give evidence; or (b) to produce a stated document or thing. (2) At the proceeding, the tribunal may proceed in the absence of a party if reasonable notice of the time and place of the proceeding has been given to the party. (3) The tribunal may adjourn the proceeding from time to time. 39 Inspection of documents (1) If a document or thing is produced to the tribunal at a proceeding, the tribunal may— (a) inspect the document or thing; and (b) make copies of, photograph, or take extracts from, the document or thing if it is relevant to the proceeding. (2) The tribunal may also take possession of the document or thing, and keep it while it is necessary for the proceeding. (3) While it keeps a document or thing, the tribunal must permit a person otherwise entitled to possession of the document or thing to inspect, make copies of, photograph, or take extracts from, the document or thing, at the reasonable time and place the tribunal decides. 40 Offences (1) A person served with an attendance notice must not—

s 41 25 s 43 Gas Pipelines Access (Queensland) Act 1998 (a) fail, without reasonable excuse, to attend as required by the notice; or (b) fail, without reasonable excuse, to continue to attend as required by the chairperson of the tribunal until excused from further attendance. Maximum penalty—10 penalty units. (2) A person appearing as a witness at a proceeding must not— (a) fail to take an oath or make an afﬁrmation when required by the chairperson; or (b) fail, without reasonable excuse, to answer a question the person is required to answer by a member of the tribunal; or (c) fail, without reasonable excuse, to produce a document or thing the person is required to produce by an attendance notice. Maximum penalty—10 penalty units. 41 Self-incrimination It is a reasonable excuse for a person to fail to answer a question or to produce a document if answering the question or producing the document might tend to incriminate the person. 42 False or misleading information (1) A person must not state anything to the tribunal the person knows is false or misleading in a material particular. Maximum penalty—10 penalty units. (2) For an offence against subsection (1), it is enough to allege and prove that the statement was ‘false or misleading’ to the person’s knowledge. 43 False or misleading documents (1) A person must not give to the tribunal a document containing information the person knows is false, misleading or incomplete in a material particular. Maximum penalty—10 penalty units.

s 44 26 s 45 Gas Pipelines Access (Queensland) Act 1998 (2) Subsection (1) does not apply to a person who, when giving the document— (a) informs the tribunal, to the best of the person’s ability, how it is false, misleading or incomplete; and (b) gives the correct information to the tribunal if the person has, or can reasonably obtain, the correct information. (3) For an offence against subsection (1), it is enough to allege and prove that the document was ‘false, misleading or incomplete’ to the person’s knowledge. 44 Tribunal to keep records of proceedings (1) The tribunal must keep a record of its proceeding. (2) The record may be kept in the way the tribunal considers appropriate. Division 5—Other provisions about the tribunal 45 Disclosure of interests (1) If a member of the tribunal is, or is to be, a member of the tribunal as constituted for a proceeding for the review of a decision and the member has or acquires an interest (whether pecuniary or otherwise) that could conflict with the proper performance of the member’s functions in relation to the proceeding— (a) the member must disclose the interest to the parties to the proceeding; and (b) except with the consent of all parties to the proceeding—the member must not take part in the proceeding or exercise any powers in relation to the proceeding. (2) If the chairperson of the tribunal becomes aware that a member of the tribunal who is, or is to be, a member of the tribunal as constituted for a proceeding for the review of a decision, has, in relation to the proceeding, an interest of the type mentioned in subsection (1)— (a) if the chairperson considers the member should not take part, or continue to take part, in the proceeding—the chairperson must direct the member accordingly; or

s 46 27 s 49 Gas Pipelines Access (Queensland) Act 1998 (b) in any other case—the chairperson must cause the interest of the member to be disclosed to the parties to the proceeding if the interest has not already been disclosed to them. 46 Contempt of tribunal A person must not— (a) insult the tribunal or a member of the tribunal; or (b) deliberately interrupt a proceeding of the tribunal; or (c) create or continue or join in creating or continuing, a disturbance in or near a place where the tribunal is conducting a proceeding; or (d) do anything that would be contempt of court if the tribunal were a judge acting judicially. Maximum penalty—10 penalty units. 47 Protection of members, legal representatives and witnesses (1) A member of the tribunal has, in relation to the performance of the member’s duties, the same protection and immunity as a Supreme Court judge. (2) A lawyer or other person has, in relation to appearing before the tribunal for someone else, the same protection and immunity as a barrister appearing for a party in a proceeding in the Supreme Court. (3) A person required to attend, or appearing before the tribunal as a witness, has, in relation to the attendance or appearance, the same protection as a witness in a proceeding in the Supreme Court. 48 Authentication of documents A document requiring authentication by the tribunal is sufﬁciently authenticated if it is signed by a member of the tribunal. 49 Judicial notice of certain signatures Judicial notice must be taken of the signature of a member of the tribunal if it appears on a document issued by the tribunal.

s 50 28 s 51 Gas Pipelines Access (Queensland) Act 1998 50 Conﬁdentiality (1) This section applies to a person who— (a) is or has been— (i) a member of the tribunal; or (ii) a member of a subcommittee of the tribunal; or (iii) the registrar or other public service ofﬁcer appointed to assist the tribunal; and (b) in that capacity, or because of an opportunity provided by acting in that capacity, acquired information about another person’s affairs or has access to, or custody of, a document about another person’s affairs. (2) The person must not disclose the information, or give access to the document, to anyone else. Maximum penalty—100 penalty units or 1 year’s imprisonment. (3) However, a person may disclose the information or give access to the document to someone else— (a) to the extent necessary to perform the person’s functions under this Act; or (b) if the disclosure or giving of access is otherwise required or permitted by law; or (c) if the person to whom the information or document relates agrees to the disclosure or giving of access. Division 6—Subcommittees 51 Advisory and technical subcommittees (1) The tribunal may appoint the advisory subcommittees and technical subcommittees it considers appropriate to advise it on anything within the scope of its function. (2) A person may be appointed to be a member of a subcommittee whether or not the person is a member of the tribunal. (3) The tribunal must appoint 1 of the members of a subcommittee as chairperson of the subcommittee.

s 52 29 s 54 Gas Pipelines Access (Queensland) Act 1998 (4) A public service officer may be appointed as a member of a subcommittee and holds the appointment in conjunction with any other appointment the officer holds in the public service. 52 Proceedings of subcommittees (1) All business of a subcommittee must be conducted by a quorum of at least 3 members. (2) A subcommittee must meet at the time and place it decides and conduct its proceedings in the way provided under a regulation, or if no way is provided, in the way it considers appropriate. (3) The chairperson of a subcommittee must preside at all meetings of the subcommittee at which the chairperson is present. (4) If the chairperson is absent, the member chosen by the members present at the meeting must preside. (5) The person who presides at the meeting of a subcommittee has a deliberative vote and, if the votes are equal, a casting vote. Division 7—General 53 Regulation-making power for pt 4 The Governor in Council may make regulations under this part. PART 5—MISCELLANEOUS 54 Exemption from taxes (1) Any tax, other than a duty under the Duties Act 2001 , 9 imposed under a law of this State is not payable for— (a) an exempt matter; or 9 For exemption for duty under the DutiesAct2001 , see section 428 (Exemption—particular instruments and transactions under Gas Pipelines Access (Queensland) Act 1998 ).

s 55 30 s 55 Gas Pipelines Access (Queensland) Act 1998 (b) anything done because of, or arising out of, an exempt matter including, for example, a transaction entered into or an instrument or document made, executed, lodged or given. (2) In this section— “exempt matter” means a transfer of assets or liabilities that the local Minister and the Treasurer are satisfied is made for ensuring a person does not carry on a business of producing, purchasing or selling natural gas in breach of the code or for the separation of certain activities from other activities of a person as required by the code, and for no other purpose. 55 Actions in relation to cross-boundary pipelines (1) If a pipeline is a cross-boundary pipeline, an action taken under the gas pipelines access legislation of a scheme participant in whose jurisdictional area a part of the pipeline is situated— (a) by, or in relation to, a relevant Minister, or a relevant regulator, under that legislation; or (b) by, or in relation to, an arbitrator appointed by a relevant regulator under that legislation; or (c) by the Supreme Court or the relevant appeals body, under that legislation, in relation to the action taken by, or in relation to, a person or body referred to in paragraph (a) or (b); is taken also to be action taken under the gas pipelines access legislation of each other scheme participant in whose jurisdictional area a part of the pipeline is situated ( “that other legislation” )— (d) by, or in relation to, a relevant Minister, or relevant regulator, under that other legislation; or (e) by, or in relation to, an arbitrator appointed by a relevant regulator under that other legislation; or (f) by the Supreme Court or relevant appeals body, under that other legislation; as the case requires. (1A) Despite subsection (1), the Supreme Court does not have jurisdiction to make a declaration or order about the validity, or affecting the operation, of a decision of a relevant Minister, relevant regulator or arbitrator in relation to a cross-boundary pipeline unless the State has been

s 56 31 s 56 Gas Pipelines Access (Queensland) Act 1998 determined to be the scheme participant with which the pipeline is most closely connected. 10 (2) In this section— “action” taken, includes a decision made. “cross-boundary pipeline” means a transmission pipeline, or a distribution pipeline, that is, or is to be, situated in the jurisdictional areas of 2 or more scheme participants. PART 6—LOCAL TRANSITIONAL PROVISIONS 56 Deﬁnitions for pt 6 In this part— “pipeline licence” of a particular number means a pipeline licence of that number under the Petroleum Act 1923 . “PNG to Queensland pipeline” means the whole or part of— (a) the natural gas pipeline, proposed before the commencement of this Act, to be constructed from near Kutubu in Papua New Guinea to a point in the vicinity of Gladstone under the project called the ‘Papua New Guinea–Queensland Gas Project’; and (b) any branch line of the pipeline approved by the local Minister that was proposed, before the commencement of this Act, to be constructed. “Queensland part of the PNG to Queensland pipeline” means that part of the PNG to Queensland pipeline proposed to be within the State or the coastal waters of the State for which a competitive selection process was, before the commencement of this Act, being undertaken 10 For provisions about determination of scheme participant with which a pipeline is most closely connected, see the South Australian Act, appendix to schedule 1, part 3 (Terms and references).

s 57 32 s 58 Gas Pipelines Access (Queensland) Act 1998 for consideration by the Minister under the PetroleumAct1923 , former section 70A. 11 57 Pipelines taken to be covered pipelines The following pipelines are taken to be covered pipelines for the Gas Pipelines Access Law— (a) the pipeline mentioned in pipeline licence no. 32 (Gatton to Gympie); (b) the pipeline mentioned in pipeline licence no. 41 (Ballera to Mt Isa); (c) the PNG to Queensland pipeline. 58 Reference tariffs for certain pipelines (1) This section applies to the following pipelines— (a) the pipeline mentioned in pipeline licence no. 2 (Wallumbilla to Brisbane); (b) the pipeline mentioned in pipeline licence no. 24 (Ballera to Wallumbilla); (c) the pipeline mentioned in pipeline licence no. 30 (Wallumbilla to Rockhampton System); (d) the pipeline mentioned in pipeline licence no. 32 (Gatton to Gympie); (e) the pipeline mentioned in pipeline licence no. 41 (Ballera to Mt Isa). (2) The local Minister may once only, by gazette notice made within 30 days after this section commences, approve a tariff arrangement for each pipeline. (3) The approved tariff arrangement is taken to be approved under the Gas Pipelines Access Law as the reference tariff and reference tariff policy for the access arrangement to be submitted under the law for the pipeline until the revisions commencement date for the access arrangement. 11 PetroleumAct1923 , former section 70A (Powers that may be exercised after competitive selection process)

s 59 33 s 60 Gas Pipelines Access (Queensland) Act 1998 (4) The revisions submission date and the revisions commencement date mentioned in the reference tariff policy are taken to be the revisions submission date and the revisions commencement date for the access arrangement to be submitted under the Gas Pipelines Access Law for the pipeline. 59 Access principles for the Queensland part of the PNG to Queensland pipeline (1) This section applies to the Queensland part of the PNG to Queensland pipeline if access principles for the pipeline are— (a) submitted to the local Minister before 1 December 2002; and (b) approved by the local Minister within 1 year after the access principles are submitted to the local Minister. (2) The provisions of the PetroleumAct1923 in force immediately before the commencement of the Gas Supply Act 2003 , chapter 8, part 5, 12 about access principles continue to apply to the pipeline until access principles for the pipeline are approved by the local Minister and agreed to by the ACCC. 13 (3) The approved access principles are taken to be approved under the Gas Pipeline Access Law as the access arrangements for the pipeline and the revisions submission date mentioned in the approved access principles is taken to be the revisions submission date under the law. 14 60 Access principles for certain other pipelines The Petroleum Act 1923 , part 8 in force immediately before the commencement of the Gas Supply Act 2003 , chapter 8, part 5, continues to apply to the following pipelines but only until the relevant regulator approves the access arrangements for the pipeline under the Gas Pipelines Access Law— 12 Gas Supply Act 2003 , chapter 8, part 5 (Amendment of Petroleum Act 1923) 13 Under the Trade Practices Act 1974 (Cwlth), section 44ZZM, the ACCC has the function of advising the local Minister in relation to access principles under the Petroleum Act 1923 for the PNG to Queensland pipeline. 14 Access principles for the adjacent area can not take effect other than with the approval of the Commonwealth Minister under the GasPipelinesAccess(Commonwealth) Act 1998 .

s 60 34 s 60 Gas Pipelines Access (Queensland) Act 1998 (a) the pipeline mentioned in pipeline licence no. 2 (Wallumbilla to Brisbane); (b) the pipeline mentioned in pipeline licence no. 24 (Ballera to Wallumbilla); (c) the pipeline mentioned in pipeline licence no. 30 (Wallumbilla to Rockhampton system); (d) the pipeline mentioned in pipeline licence no. 32 (Gatton to Gympie); (e) the pipeline licence mentioned in pipeline licence no. 41 (Ballera to Mt Isa).

35 Gas Pipelines Access (Queensland) Act 1998 ATTACHMENT TO THE GAS PIPELINES ACCESS (QUEENSLAND) ACT 1998 GAS PIPELINES ACCESS (SOUTH AUSTRALIA) ACT1997 An Act to make provision for the regulation of third party access to natural gas pipeline systems; to repeal the Natural Gas PipelinesAccess Act 1995; to amend the Gas Act 1997 and the PetroleumAct 1940; and for other purposes. Preamble The Council of Australian Governments agreed, in February 1994, to general principles of competition policy reform to enable third parties, in particular circumstances, to gain access to essential facilities. The Council of Australian Governments, as part of that commitment to reform, agreed to more speciﬁc proposals for the development of free and fair trade in natural gas. The Commonwealth, the States of New South Wales, Victoria, Queensland, South Australia, Western Australia and Tasmania, the Northern Territory and the Australian Capital Territory agreed in November 1997 to the enactment of legislation in the Commonwealth and those States and Territories so that a uniform national framework applies for third party access to all gas pipelines that— (a) facilitates the development and operation of a national market for natural gas; and (b) prevents abuse of monopoly power; and (c) promotes a competitive market for natural gas in which customers may choose suppliers, including producers, retailers and traders; and (d) provides rights of access to natural gas pipelines on conditions that are fair and reasonable for the owners and operators of gas transmission and distribution pipelines and persons wishing to use the services of those pipelines; and (e) provides for resolution of disputes.

36 Gas Pipelines Access (Queensland) Act 1998 ATTACHMENT TO THE GAS PIPELINES ACCESS (QUEENSLAND) ACT 1998 The Parliament of South Australia enacts as follows— PART 1—PRELIMINARY 1 Short title This Act may be cited as the GasPipelinesAccess(SouthAustralia)Act 1997 . 2 Commencement (1) This Act will come into operation on a day to be fixed by proclamation, not being a day earlier than the day on which the Gas Pipelines Access (Commonwealth) Act 1997 of the Commonwealth receives the Royal Assent. (2) The Governor may, by the same proclamation or by proclamations made on different days, fix different days for the commencement of different provisions of this Act, including the different provisions of schedule 1. 3 Interpretation (1) In this Act— “Gas Pipelines Access Law” means— (a) Schedule 1— (i) as enacted; or (ii) if amended, as amended and in force for the time being; and (b) the National Third Party Access Code for Natural Gas Pipeline Systems (a copy of which, as agreed by the Council of Australian Governments on 7 November 1997, is set out in Schedule 2) or, if that Code is amended in accordance with Schedule 1, that Code as so amended and in force for the time being. “Gas Pipelines Access (South Australia) Law” means the provisions applying because of section 7.

37 Gas Pipelines Access (Queensland) Act 1998 ATTACHMENT TO THE GAS PIPELINES ACCESS (QUEENSLAND) ACT 1998 “Gas Pipelines Access (South Australia) Regulations” means the provisions applying because of section 8. (2) Words and expressions used in Schedule 1, as applying because of section 7, and in this Act have the same respective meanings in this Act as they have in that Schedule as so applying. (3) Subsection (2) does not apply to the extent that the context or subject matter otherwise indicates or requires. 4 Crown to be bound This Act, the Gas Pipelines Access (South Australia) Law and the Gas Pipelines Access (South Australia) Regulations bind the Crown, not only in the right of South Australia but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities. 5 Application to coastal waters (1) This Act, the Gas Pipelines Access (South Australia) Law and the Gas Pipelines Access (South Australia) Regulations apply in the coastal waters of this State. (2) In subsection (1)— “coastal waters” , in relation to this State, means any sea that is on the landward side of the adjacent area of this State but is not within the limits of this State. 6 Extra-territorial operation (1) It is the intention of the Parliament that the operation of this Act, the Gas Pipelines Access (South Australia) Law and the Gas Pipelines Access (South Australia) Regulations should, as far as possible, include operation in relation to the following— (a) things situated in or outside this State; (b) acts, transactions and matters done, entered into or occurring in or outside this State;

38 Gas Pipelines Access (Queensland) Act 1998 ATTACHMENT TO THE GAS PIPELINES ACCESS (QUEENSLAND) ACT 1998 (c) things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Act, be governed or otherwise affected by the law of another State, a Territory, the Commonwealth or a foreign country. (2) Nothing in subsection (1) has effect in relation to a pipeline to the extent that the pipeline is situated, or partly situated, beyond the jurisdictional areas of all the scheme participants. PART 2—GAS PIPELINES ACCESS (SOUTH AUSTRALIA) LAW AND GAS PIPELINES ACCESS (SOUTH AUSTRALIA) REGULATIONS 7 Application in South Australia of the Gas Pipelines Access Law The Gas Pipelines Access Law — (a) applies as a law of South Australia; and (b) as so applying may be referred to as the Gas Pipelines Access (South Australia) Law . 8 Application of regulations under Gas Pipelines Access Law The regulations in force for the time being under part 3 of this Act— (a) apply as regulations in force for the purposes of the Gas Pipelines Access (South Australia) Law ; and (b) as so applying may be referred to as the Gas Pipelines Access (South Australia) Regulations . 9 Interpretation of some expressions in the Gas Pipelines Access (South Australia) Law and Gas Pipelines Access (South Australia) Regulations In the Gas Pipelines Access (South Australia) Law and the Gas Pipelines Access (South Australia) Regulations —

39 Gas Pipelines Access (Queensland) Act 1998 ATTACHMENT TO THE GAS PIPELINES ACCESS (QUEENSLAND) ACT 1998 “Code” means the National Third Party Access Code for Natural Gas Pipeline Systems (a copy of which, as agreed by the Council of Australian Governments on 7 November 1997, is set out in Schedule 2) or, if that Code is amended in accordance with Schedule 1, that Code as so amended and in force for the time being, as it applies because of section 7 as a law of South Australia. “the Court” means the Supreme Court or the Federal Court. “designated appeals body” means the local appeals body. “designated Minister” means the local Minister. “Gas Pipelines Access Law” or “this Law” means the Gas Pipelines Access (South Australia) Law . “Legislature” means the Parliament of South Australia. “local appeals body” means the South Australian Gas Review Board. “local Minister” means the Minister to whom administration of this Act is committed. “local Regulator” means the person holding or acting in the office of the South Australian Independent Pricing and Access Regulator. “this scheme participant” means the State of South Australia. “Supreme Court” means the Supreme Court of South Australia. PART 3—POWER TO MAKE REGULATIONS FOR THE GAS PIPELINES ACCESS LAW 10 General regulation-making power for Gas Pipelines Access Law (1) The Governor may make regulations for or with respect to any matter or thing necessary to be prescribed to give effect to the Gas Pipelines Access Law . (2) A regulation under this part may be made only on the unanimous recommendation of the relevant Ministers of the scheme participants.

40 Gas Pipelines Access (Queensland) Act 1998 ATTACHMENT TO THE GAS PIPELINES ACCESS (QUEENSLAND) ACT 1998 (3) The appendix to schedule 1 applies in relation to a regulation under this part. (4) Section 10 of the Subordinate Legislation Act 1978 does not apply to a regulation under this Part. 11 Civil penalty provisions of the Gas Pipelines Access Law (1) The regulations may provide that— (a) a speciﬁed regulatory provision or a regulatory provision of a speciﬁed class; or (b) a speciﬁed conduct provision or a conduct provision of a speciﬁed class, is, for the purposes of the Gas Pipelines Access Law , a civil penalty provision. (2) The regulations may prescribe, for a breach of a civil penalty provision, an amount not exceeding $100 000 that the Court may determine is payable by a person who contravenes the provision. 12 Speciﬁc regulation-making powers The regulations may make provision for or with respect to— (a) prescribing, for the purposes of the deﬁnition of “pipeline” in schedule 1, gas processing plants, exit ﬂanges and connection points; (b) the procedure and conduct of arbitrations under part 4 of schedule 1; (c) the person or persons required to make available copies of— (i) the Code as set out in Schedule 2; (ii) that Code, if amended, as amended and in force for the time being; (iii) amendments made to that Code; (d) the place or places at which the copies referred to in paragraph (c) are to be available for inspection by the public.

41 Gas Pipelines Access (Queensland) Act 1998 ATTACHMENT TO THE GAS PIPELINES ACCESS (QUEENSLAND) ACT 1998 PART 4—NATIONAL ADMINISTRATION AND ENFORCEMENT Division 1—Conferral of functions and powers 13 Conferral of functions on Commonwealth Minister and Commonwealth bodies (1) The Commonwealth Minister, the ACCC, the NCC and the Australian Competition Tribunal have the functions and powers conferred or expressed to be conferred on them respectively under the Gas Pipelines Access (South Australia) Law . (2) In addition to the powers mentioned in subsection (1), the Commonwealth Minister and the bodies referred to in that subsection have power to do all things necessary or convenient to be done in connection with the performance or exercise of the functions and powers referred to in that subsection. 14 Conferral of power on Commonwealth Minister and Commonwealth bodies to do acts in this State The Commonwealth Minister, the ACCC, the NCC and the Australian Competition Tribunal have power to do acts in or in relation to this State in the performance or exercise of a function or power expressed to be conferred on them respectively by the gas pipelines access legislation of another scheme participant. 15 Conferral of power on Ministers, Regulators and appeals bodies of other scheme participants The local Minister, the local Regulator and the local appeals body within the meaning of the gas pipelines access legislation of another scheme participant have power to do acts in or in relation to this State in the performance or exercise of a function or power expressed to be conferred on them respectively by the gas pipelines access legislation of that other scheme participant.

42 Gas Pipelines Access (Queensland) Act 1998 ATTACHMENT TO THE GAS PIPELINES ACCESS (QUEENSLAND) ACT 1998 16 Conferral of functions on Code Registrar (1) The Code Registrar— (a) has the functions and powers conferred or expressed to be conferred on the Code Registrar under the Gas Pipelines Access (South Australia) Law or under the National Gas Agreement ; and (b) any other functions and powers conferred on the Code Registrar by unanimous resolution of the relevant Ministers of the scheme participants. (2) In addition to the powers mentioned in subsection (1), the Code Registrar has power to do all things necessary or convenient to be done in connection with the performance or exercise of the functions and powers referred to in that subsection. 17 Functions and powers conferred on South Australian Minister, Regulator and appeals body If the gas pipelines access legislation of another scheme participant confers a function or power on— (a) the Minister; or (b) the person holding or acting in the ofﬁce of the South Australian Independent Pricing and Access Regulator; or (c) the South Australian Gas Review Board, the Minister, person or Board— (d) may perform that function or exercise that power; and (e) may do all things necessary or convenient to be done in connection with the performance or exercise of that function or power. Division 2—Federal Court 18 Jurisdiction of Federal Court Jurisdiction is conferred on the Federal Court with respect to—

43 Gas Pipelines Access (Queensland) Act 1998 ATTACHMENT TO THE GAS PIPELINES ACCESS (QUEENSLAND) ACT 1998 (a) civil and criminal matters arising under the Gas Pipelines Access (South Australia) Law ; and (b) applications made to the Federal Court under the AdministrativeDecisions (Judicial Review) Act 1977 of the Commonwealth as applying as a law of this State under section 20 or 21. 19 Conferral of jurisdiction on Federal Court not to affect cross-vesting Section 18 does not affect the operation of any law relating to cross vesting of jurisdiction. Division 3—Administrative decisions 20 Application of Commonwealth AD(JR) Act (1) The Administrative Decisions (Judicial Review) Act 1977 of the Commonwealth applies as a law of this State to any matter arising in relation to a decision of a Code body under the Gas Pipelines Access (South Australia) Law as if that Law were an enactment within the meaning of that Act and not a law of this State. (2) For the purposes of the application of the Administrative Decisions(Judicial Review) Act 1977 of the Commonwealth as a law of this State, a matter arising in relation to a decision of a Code body under the Gas Pipelines Access (South Australia) Law — (a) is taken to be a matter arising in relation to laws of the Commonwealth in the same way as if the Gas Pipelines Access (South Australia) Law were a law of the Commonwealth; and (b) is taken not to be a matter arising in relation to laws of this State. (3) In this section— “Code body” means— (a) the NCC; (b) the ACCC; (c) the Australian Competition Tribunal;

44 Gas Pipelines Access (Queensland) Act 1998 ATTACHMENT TO THE GAS PIPELINES ACCESS (QUEENSLAND) ACT 1998 (d) the local appeals body within the meaning of the Gas Pipelines Access (South Australia) Law ; (e) the local Minister within the meaning of the Gas Pipelines Access (South Australia) Law ; (f) the local Regulator within the meaning of the Gas Pipelines Access (South Australia) Law ; (g) an arbitrator appointed under part 4 of the Gas Pipelines Access (South Australia) Law . 21 Application of Commonwealth AD(JR) Act in relation to other scheme participants (1) The Administrative Decisions (Judicial Review) Act 1977 of the Commonwealth applies as a law of this State to any matter arising in relation to a decision of a Code body under the gas pipelines access legislation of another scheme participant as if that legislation were an enactment within the meaning of that Act and not a law of that scheme participant. (2) For the purposes of the application of the Administrative Decisions(Judicial Review) Act 1977 of the Commonwealth as a law of this State, a matter arising in relation to a decision of a Code body under the gas pipelines access legislation of another scheme participant— (a) is taken to be a matter arising in relation to laws of the Commonwealth in the same way as if that legislation were a law of the Commonwealth; and (b) is taken not to be a matter arising in relation to laws of that scheme participant. (3) This section does not require, prohibit, empower, authorise or otherwise provide for, the doing of an act outside this State. (4) In this section— “Code body” means— (a) the NCC; (b) the ACCC;

45 Gas Pipelines Access (Queensland) Act 1998 ATTACHMENT TO THE GAS PIPELINES ACCESS (QUEENSLAND) ACT 1998 (c) the Australian Competition Tribunal; (d) the local appeals body within the meaning of the Gas Pipelines Access (South Australia) Law ; (e) the local Minister within the meaning of the Gas Pipelines Access (South Australia) Law ; (f) the local Regulator within the meaning of the Gas Pipelines Access (South Australia) Law ; (g) an arbitrator appointed under part 4 of the Gas Pipelines Access (South Australia) Law . PART 5—GENERAL 22 Exemption from taxes (1) Any stamp duty or other tax imposed by or under a law of this State is not payable in relation to— (a) an exempt matter; or (b) anything done (including, for example, a transaction entered into or an instrument or document made, executed, lodged or given) because of, or arising out of, an exempt matter. (2) In this section— “exempt matter” means a transfer of assets or liabilities that the Minister and the Treasurer are satisfied is made for the purpose of ensuring that a person does not carry on a business of producing, purchasing or selling natural gas in breach of the Code or for the purpose of the separation of certain activities from other activities of a person as required by the Code, and for no other purpose.

46 Gas Pipelines Access (Queensland) Act 1998 ATTACHMENT TO THE GAS PIPELINES ACCESS (QUEENSLAND) ACT 1998 23 Actions in relation to cross-boundary pipelines (1) If a pipeline is a cross-boundary pipeline, any action taken under the gas pipelines access legislation of a scheme participant in whose jurisdictional area a part of the pipeline is situated— (a) by, or in relation to, a relevant Minister, or a relevant Regulator, within the meaning of that legislation; or (b) by, or in relation to, an arbitrator appointed by a relevant Regulator within the meaning of that legislation; or (c) by the Federal Court, or by the Supreme Court, or the relevant appeals body, within the meaning of that legislation, in relation to the action taken by, or in relation to, a person or body referred to in paragraph (a) or (b), is taken also to be action taken under the gas pipelines access legislation of each other scheme participant in whose jurisdictional area a part of the pipeline is situated ( “that other legislation” )— (d) by, or in relation to, a relevant Minister, or relevant Regulator, within the meaning of that other legislation; or (e) by, or in relation to, an arbitrator appointed by a relevant Regulator within the meaning of that other legislation; or (f) by the Federal Court, or by the Supreme Court, or relevant appeals body, within the meaning of that other legislation, as the case requires. (2) In this section— “cross-boundary pipeline” means a transmission pipeline, or a distribution pipeline, that is, or is to be, situated in the jurisdictional areas of 2 or more scheme participants. (3) A reference in this section to an action that is taken includes a reference to a decision that is made.

47 Gas Pipelines Access (Queensland) Act 1998 ATTACHMENT TO THE GAS PIPELINES ACCESS (QUEENSLAND) ACT 1998 24 Subordinate Legislation Act 1978 The SubordinateLegislationAct1978 does not apply to the National Third Party Access Code for Natural Gas Pipeline Systems referred to in paragraph (b) of the deﬁnition of Gas Pipelines Access Law in section 3(1) of this Act. PART 6—LOCAL ADMINISTRATION AND ENFORCEMENT Division 1—Code registrar 25 Code Registrar (1) There will be a Code Registrar. (2) The Code Registrar will be appointed by the Governor. (3) The Code Registrar is appointed, and holds office, in accordance with the Public Sector Management Act 1995. (4) The Code Registrar may be removed from office by resolution passed by at least two-thirds of the relevant Ministers of the scheme participants. (5) Subsection (4) does not derogate from the provisions of the Public Sector Management Act 1995 relating to removal of an employee from office. 26 Delegation (1) The Code Registrar may delegate functions or powers to a person or body of persons that is, in the Code Registrar’s opinion, competent to exercise the relevant functions or powers. (2) A delegation under this section— (a) must be in writing; and

235 Gas Pipelines Access (Queensland) Act 1998 ATTACHMENT TO THE GAS PIPELINES ACCESS (QUEENSLAND) ACT 1998 10.2 Where— (a) there is more than one Service Provider in connection with a Covered Pipeline; (b) one is the owner and another is the operator; and (c) responsibility for complying with the obligations imposed by this Code on the Service Provider is allocated among them by their Access Arrangements or their Access Arrangement, each Service Provider is responsible for complying with the obligations allocated to it. How this Code applies to successor Service Providers 10.3 If a person becomes a Service Provider in relation to a Covered Pipeline (for example, if the person purchases a Covered Pipeline)— (a) the Covered Pipeline shall remain a Covered Pipeline; (b) any Access Arrangement approved pursuant to the Code shall continue to apply to the Covered Pipeline concerned despite the change in Service Provider and shall bind the person in the same way it bound other Service Providers immediately before the person became a Service Provider with respect to the Covered Pipeline concerned; and (c) any arbitration decision made pursuant to the Code shall continue to apply to the Covered Pipeline concerned despite the change in Service Provider and shall bind the person in the same way it bound other Service Providers immediately before the person became a Service Provider with respect to the Covered Pipeline concerned. Overviews 10.4 The introduction to this Code and the overview in italics at the beginning of each section of this Code do not form part of this Code.

236 Gas Pipelines Access (Queensland) Act 1998 ATTACHMENT TO THE GAS PIPELINES ACCESS (QUEENSLAND) ACT 1998 10.5 In interpreting a provision of this Code consideration should be given to the introduction to this Code and the overview in italics at the beginning of the relevant section of this Code— (a) to conﬁrm that the meaning of the provision is the ordinary meaning conveyed by the text of the provision; or (b) to determine the meaning of the provision when— (i) the provision is ambiguous or obscure; or (ii) the ordinary meaning conveyed by the text of the provision leads to a result that is manifestly absurd or unreasonable. Notices 10.6 Where this Code requires or contemplates the giving or making of any notice, application, submission, opinion, consent, approval, agreement, reason, explanation, report or other communication it must be given or made in writing. Regulatory and Conduct Provisions 10.7 For the purposes of the Gas Pipelines Access Law— (a) The following sections shall be Regulatory Provisions— • 2.2 and 2.28 (Service Provider must submit a proposed Access Arrangement or proposed revisions to the Access Arrangement, together with Access Arrangement Information); • 2.4 (Relevant Regulator may require more than one Access Arrangement); • 2.9 and 2.30 (Relevant Regulator may require changes to Access Arrangement Information); • 4.1(a), (b), (c), (d), (e), (h) and (i) and 4.2 (basic ring fencing obligations other than in relation to conﬁdential information); • 4.3 (additional ring fencing obligations); • 4.12 (establishing compliance procedures);

237 Gas Pipelines Access (Queensland) Act 1998 ATTACHMENT TO THE GAS PIPELINES ACCESS (QUEENSLAND) ACT 1998 • 4.13 (report to the Relevant Regulator); • 4.14 (reporting own non-compliance); • 5.1 and 5.2 (establishing information package); • 5.3 (provide information package); • 5.4 to 5.6 (inclusive) (response to access request); • 5.8 (information to be provided to the market about unutilised contract capacity); • 5.9 (public register of capacity); (b) the following sections shall be Conduct Provisions— • 3.15 (enforcement of queuing policy); • 4.1(f) and (g) (basic ring fencing obligations in relation to conﬁdential information); • 5.7 (keeping additional information conﬁdential); • 6.16, 6.24(a) and 6.26 (requiring compliance with outcome of arbitration); • 7.1 (Associate contracts). Deﬁnitions 10.8 The following definitions apply unless the context otherwise requires— “Access Arrangement” means an arrangement for access to a Covered Pipeline that has been approved by the Relevant Regulator. “Access Arrangement Information” means information provided by a Service Provider to the Relevant Regulator pursuant to section 2.2, 2.3, 2.9, 2.28 or 2.30. “Access Arrangement Period” means the period from when an Access Arrangement or revisions to an Access Arrangement take effect (by virtue of a decision pursuant to section 2) until the next Revisions Commencement Date. “Additional Staff” means servants, consultants, independent consultants and agents of a Service Provider who are not Marketing Staff and who

238 Gas Pipelines Access (Queensland) Act 1998 ATTACHMENT TO THE GAS PIPELINES ACCESS (QUEENSLAND) ACT 1998 the Regulator regards as indirectly involved in the sale or advertising of Services. “Additional Revenue Policy” has the meaning given in section 3.28(d). “Anticipated Incremental Revenue” means the present value (calculated at the Rate of Return) of the reasonably anticipated future revenue from the sale of Services at the Prevailing Tariffs which would not have been generated without the Incremental Capacity, minus the present value (calculated at the Rate of Return) of the best reasonable forecast of the increase in Non Capital Costs directly attributable to the sale of those Services. “Arbitrator” has the meaning given the Gas Pipelines Access Law. “Associate” has the meaning given in the Gas Pipelines Access Law. “Associate Contract” means; (a) a contract, arrangement or understanding between the Service Provider and an Associate in connection with the provision of a Service; or (b) a contract, arrangement or understanding between the Service Provider and any person in connection with the provision of a Service which provides a direct or indirect beneﬁt to an Associate and which is not an arm’s length transaction. “Bare Transfer” has the meaning given in section 3.10. “Capacity” means the measure of the potential of a Covered Pipeline as currently configured to deliver a particular Service between a Receipt Point and a Delivery Point at a point in time. “Capacity Management Policy” has the meaning given in section 3.7. “Capital Base” has the meaning given in section 8.4. “Capital Contribution” has the meaning given in section 8.23. “Charge” , for a Service, means the amount that is payable by a User to the Service Provider for that Service. “Code” means this National Third Party Access Code for Natural Gas Pipeline Systems as changed from time to time in accordance with the Gas Pipelines Access Law.

239 Gas Pipelines Access (Queensland) Act 1998 ATTACHMENT TO THE GAS PIPELINES ACCESS (QUEENSLAND) ACT 1998 “Code Registrar” has the meaning given in the Gas Pipelines Access Law. “Conﬁdential Information” means information that is by its nature confidential or is known by the other party to be confidential and includes— (a) any information relating to the ﬁnancial position of the party and in particular includes information relating to the assets or liabilities of the party and any other matter that affects or may affect the ﬁnancial position or reputation of the party; (b) information relating to the internal management and structure of the party or the personnel, policies and strategies of the party; (c) information of the party to which the other party has access, other than information referred to in paragraphs (a) and (b), that has any actual or potential commercial value to the ﬁrst party or to the person or corporation which supplied that information; and (d) any information in the party’s possession relating to the other party’s clients or suppliers and like information. “Contracted Capacity” means that part of the Capacity which has been reserved by a User or Users pursuant to a contract entered into with the Service Provider. “Contract Carriage” is a system of managing third party access whereby— (a) the Service Provider normally manages its ability to provide Services primarily by requiring Users to use no more than the quantity of Service speciﬁed in a contract; (b) Users normally are required to enter into a contract that speciﬁes a quantity of Service; (c) charges for use of a Service normally are based at least in part upon the quantity of Service speciﬁed in a contract; and (d) a User normally has the right to trade its right to obtain a Service to another User. “Core Provisions” means sections 2.24, 3.1 to 3.4 (inclusive), 3.28, 3.33, 3.34, 4.1 to 4.4 (inclusive), 6.15, 6.18, 8.1 and 9.1 to 9.4 (inclusive) and this definition of Core Provisions.

240 Gas Pipelines Access (Queensland) Act 1998 ATTACHMENT TO THE GAS PIPELINES ACCESS (QUEENSLAND) ACT 1998 “Coverage/Covered” means, in relation to a Pipeline or part of a Pipeline, that that Pipeline or part of a Pipeline is subject to the provisions of this Code pursuant to sections 1.1, 1.13, 1.20 or 1.21. “Covered Pipeline” means, subject to sections 2.3 and 2.4, the whole or a particular part of a Pipeline which is Covered and any extension to, or expansion of the Capacity of, that Covered Pipeline which is to be treated as part of the Covered Pipeline in accordance with the Extensions/Expansions Policy contained in the Access Arrangement for that Covered Pipeline and any expansion of that Covered Pipeline required to be installed under section 6.22. “Delivery Point” means the point or points within the Covered Pipeline at which the custody of Natural Gas is transferred from a Service Provider to a User. “Depreciation” means, in any year and on any asset or group of assets, the amount calculated according to the Depreciation Schedule for that year and for that asset or group of assets. “Depreciation Schedule” has the meaning given in section 8.32. “Developable Capacity” means the difference between the Capacity and the Capacity which would be available if additions of plant and/or pipeline were made, but does not include any extension of the geographic range of a Covered Pipeline. “Equivalent Tariff” means, in relation to a Service that is not a Reference Service, the Tariff that it is reasonably likely would have been set as the Reference Tariff had the Service been a Reference Service. “Exclusivity Right” means a contractual right that by its terms either— (a) expressly prevents a Service Provider supplying Services to persons who are not parties to the contract; or (b) expressly places a limitation on the Service Provider’s ability to supply Services to persons who are not parties to the contract, but does not include a User’s contractual right to obtain a certain volume of Services. “Final Approval Request” has the meaning given in section 3.29. “Fixed Period” has the meaning given in section 8.47.

241 Gas Pipelines Access (Queensland) Act 1998 ATTACHMENT TO THE GAS PIPELINES ACCESS (QUEENSLAND) ACT 1998 “Fixed Principle” has the meaning given in section 8.47. “Gas Pipelines Access Law” , in relation to a Scheme Participant, means— (a) in the case of South Australia— (i) the provisions referred to in paragraph (a) of the deﬁnition of “Gas Pipelines Access Law” in section 3(1) of the GasPipelinesAccess(SouthAustralia)Act1997 of South Australia, as applying as a law of South Australia; and (ii) Regulations in force under Part 3 of that Act; and (b) in the case of Western Australia— (i) the provisions of an Act of Western Australia corresponding to the provisions of the South Australian Act that are referred to in paragraph (a)(i); and (ii) Regulations in force under the Western Australian Act that make provisions corresponding to the provisions of Regulation under Part 3 of the South Australian Act; and (c) in the case of any other Scheme Participant— (i) the provisions referred to in paragraph (a) of the deﬁnition of “Gas Pipelines Access Law” in section 3(1) of the South Australian Act, as applying as a law of that Scheme Participant; and (ii) Regulations in force under Part 3 of the South Australian Act, as applying as a law of that Scheme Participant. “Incentive Mechanism” has the meaning given in section 8.44. “Incremental Capacity” means the increase in Capacity attributable to a New Facility. “Incremental Revenue” ’ means revenue generated by sales of Incremental Capacity. “Incremental User” is a User that could not have been serviced without the addition of the Incremental Capacity. “Information Package” means the Information Package described in section 5.1.

242 Gas Pipelines Access (Queensland) Act 1998 ATTACHMENT TO THE GAS PIPELINES ACCESS (QUEENSLAND) ACT 1998 “Jurisdictional Area” has the meaning given in the Gas Pipelines Access Law. “Market Carriage” is a system of managing third party access whereby— (a) the Service Provider does not normally manage its ability to provide Services primarily by requiring Users to use no more than the quantity of Service speciﬁed in a contract; (b) Users are normally not required to enter a contract that speciﬁes a quantity of Service; (c) charges for use of Services are normally based on actual usage of Services; and (d) a User normally does not have a right to trade its right to obtain a Service to another User. “Market Variable Element” means a factor that has a value assumed in the calculation of a Reference Tariff, where the value of that factor will vary with changing market conditions during the Access Arrangement Period or in future Access Arrangement Periods, and includes the sales or forecast sales of Services, any index used to estimate the general price level, real interest rates, Non Capital Cost and any costs in the nature of capital costs. “Marketable Parcel” means all or part of a User’s Contracted Capacity which the User reasonably expects— (a) that the User will not utilise and does not require for technical or safety reasons; (b) to be of a size and type capable of being sold to another User or to a Prospective User; and (c) to be able to sell without incurring transaction costs which exceed the price which that User would receive from another User or Prospective User. “Marketing Staff” means servants, consultants, independent contractors or agents directly involved in sales, sale provision or advertising (whether or not they are also involved in other functions) but does not include servants, consultants, independent contractors or agents involved only in—

243 Gas Pipelines Access (Queensland) Act 1998 ATTACHMENT TO THE GAS PIPELINES ACCESS (QUEENSLAND) ACT 1998 (a) strategic decision making, including the executive ofﬁcer or ofﬁcers to whom Marketing Staff report either directly or indirectly; (b) technical, administrative, accounting or service functions. “Natural Gas” has the meaning given in the Gas Pipelines Access Law. “NCC” means the National Competition Council established by section 29A of the Trade Practices Act, 1974 (Commonwealth). “New Facilities Investment” has the meaning given in section 8.16. “New Facility” means— (a) any extension to, or expansion of the Capacity of, a Covered Pipeline which is to be treated as part of the Covered Pipeline in accordance with the Extensions/Expansions Policy contained in the Access Arrangement for that Covered Pipeline; and (b) any expansion of the Capacity of a Covered Pipeline required to be installed under 6.22. “NGPAC” means the National Gas Pipelines Advisory Committee to be established under the National Gas Agreement (which term has the meaning given in the Gas Pipelines Access Law). “Non Capital Costs” has the meaning given in section 8.4. “Pipeline” has the meaning given in the Gas Pipelines Access Law. “Prevailing Tariff” for a Reference Service means the applicable Reference Tariff, and for any other Service, means the Equivalent Tariff. “Prospective Incremental User” means a person which may become an Incremental User. “Prospective Service Provider” means a person who seeks or may seek to become a Service Provider. “Prospective User” means a person who seeks or who is reasonably likely to seek to enter into a contract for a Service and includes a User who seeks or may seek to enter into a contract for an additional Service. “Public Register” means the public register to be kept by the Code Registrar pursuant to section 7.10.

244 Gas Pipelines Access (Queensland) Act 1998 ATTACHMENT TO THE GAS PIPELINES ACCESS (QUEENSLAND) ACT 1998 “Queuing Policy” has the meaning given in section 3.12. “Rate of Return” has the meaning given in section 8.4. “Rebatable Service” is a Service where— (a) there is substantial uncertainty regarding expected future revenue from sales of that Service due to the nature of the Service and/or the market for that Service; and (b) the nature of the Service and the market for that Service is substantially different to any Reference Service and the market for that Reference Service. “Receipt Point” means the point or points within the Covered Pipeline at which the custody of Natural Gas is transferred from a User to a Service Provider. “Recoverable Portion” has the meaning given in section 8.18. “Redundant Capital” has the meaning given in section 8.27. “Reference Service” means a Service which is specified in an Access Arrangement and in respect of which a Reference Tariff has been specified in that Access Arrangement. “Reference Tariff” means a Tariff specified in an Access Arrangement as corresponding to a Reference Service and which has the operation that is described in sections 6.13 and 6.18. “Reference Tariff Policy” has the meaning given in section 3.5. “Related Business” means the business of producing, purchasing or selling Natural Gas, but does not include purchasing or selling of Natural Gas to the extent necessary— (a) for the safe and reliable operation of a Covered Pipeline; or (b) to enable a Service Provider to provide balancing services in connection with a Covered Pipeline. “Relevant Appeals Body” has the meaning given in the Gas Pipelines Access Law. “Relevant Minister” has the meaning given in the Gas Pipelines Access Law.

245 Gas Pipelines Access (Queensland) Act 1998 ATTACHMENT TO THE GAS PIPELINES ACCESS (QUEENSLAND) ACT 1998 “Relevant Regulator” has the meaning given in the Gas Pipelines Access Law. “Residual Value” has the meaning given in section 8.4. “Revisions Commencement Date” has the meaning given in section 3.17. “Revisions Submission Date” has the meaning given in section 3.17. “Scheme Participant” has the meaning given in the Gas Pipelines Access Law. “Service” means a service provided by means of a Covered Pipeline (or when used in section 1 a service provided by means of a Pipeline) including (without limitation)— (a) haulage services (such as ﬁrm haulage, interruptible haulage, spot haulage and backhaul); (b) the right to interconnect with the Covered Pipeline; and (c) services ancillary to the provisions of such services, but does not include the production, sale or purchasing of Natural Gas. “Services Policy” has the meaning given in section 3.1. “Service Provider” has the meaning given in the Gas Pipelines Access Law. “Spare Capacity” means— (a) in relation to a Covered Pipeline described in the Access Arrangement as a Contract Carriage Pipeline— (i) the difference between the Capacity and the Contracted Capacity; plus (ii) the difference between the Contracted Capacity and the Contracted Capacity which is being used; and (b) in relation to a Covered Pipeline described in the Access Arrangement as a Market Carriage Pipeline, the capacity to provide a Service without impeding the provision of the Service to any other User. “Speculative Investment” has the meaning given in section 8.19.

246 Gas Pipelines Access (Queensland) Act 1998 ATTACHMENT TO THE GAS PIPELINES ACCESS (QUEENSLAND) ACT 1998 “Speculative Investment Fund” has the meaning given in section 8.19. “Structural Element” means any principle or methodology that is used in the calculation of a Reference Tariff where that principle or methodology is not a Market Variable Element and has been structured for Reference Tariff making purposes over a longer period than a single Access Arrangement Period, and includes the Depreciation Schedule, the financing structure that is assumed for the purposes of section 8.30, and that part of the Rate of Return (calculated pursuant to section 8.30) that exceeds the return that could be earned on an asset that does not bear any market risk. “Surcharge” has the meaning given in sections 8.25 and which has the effect defined in section 6.19. “Tariff: , for a Service, means the criteria that, when applied to a User’s characteristics and requirements, determine the Charge that is payable by that User to the Service Provider (this shall not provide any limitation on the Tariff that may apply to a Service). “Tender Approval Request” has the meaning given in section 3.21. “Total Revenue” has the meaning given in section 8.2. “Trading Policy” has the meaning given in section 3.9. “User” means a person who has a current contract for a Service or an entitlement to a Service as a result of an arbitration. 10.9 Schedule 1 to the Gas Pipelines Access Law contains miscellaneous provisions which relate to the interpretation of the Gas Pipelines Access Law and this Code.

247 Gas Pipelines Access (Queensland) Act 1998 ATTACHMENT TO THE GAS PIPELINES ACCESS (QUEENSLAND) ACT 1998 ATTACHMENT A—INFORMATION DISCLOSURE BY A SERVICE PROVIDER TO INTERESTED PARTIES Pursuant to Section 2.7 the following categories of information must be included in the Access Arrangement Information. The speciﬁc items of information listed under each category are examples of the minimum disclosure requirements applicable to that category but, pursuant to Sections 2.8 and 2.9, the Relevant Regulator may— • allow some of the information disclosed to be categorised or aggregated; and • not require some of the speciﬁc items of information to be disclosed, if in the Relevant Regulator’s opinion it is necessary in order to ensure the disclosure of the information is not unduly harmful to the legitimate business interests of the Service Provider or a User or Prospective User. Category 1: Information Regarding Access & Pricing Principles Tariff determination methodology Cost allocation approach Incentive structures Category 2: Information Regarding Capital Costs Asset values for each pricing zone, service or category of asset Information as to asset valuation methodologies - historical cost or asset valuation Assumptions on economic life of asset for depreciation Depreciation Accumulated depreciation Committed capital works and capital investment

248 Gas Pipelines Access (Queensland) Act 1998 ATTACHMENT TO THE GAS PIPELINES ACCESS (QUEENSLAND) ACT 1998 Description of nature and justiﬁcation for planned capital investment Rates of return - on equity and on debt Capital structure - debt/equity split assumed Equity returns assumed - variables used in derivation Debt costs assumed - variables used in derivation Category 3: Information Regarding Operations & Maintenance Fixed versus variable costs Cost allocation between zones, services or categories of asset & between regulated/unregulated Wages & Salaries - by pricing zone, service or category of asset Cost of services by others including rental equipment Gas used in operations - unaccounted for gas to be separated from compressor fuel Materials & supply Property taxes Category 4: Information Regarding Overheads & Marketing Costs Total service provider costs at corporate level Allocation of costs between regulated/unregulated segments Allocation of costs between particular zones, services or categories of asset Category 5: Information Regarding System Capacity & Volume Assumptions Description of system capabilities Map of piping system - pipe sizes, distances and maximum delivery capability

249 Gas Pipelines Access (Queensland) Act 1998 ATTACHMENT TO THE GAS PIPELINES ACCESS (QUEENSLAND) ACT 1998 Average daily and peak demand at “city gates” deﬁned by volume and pressure Total annual volume delivered - existing term and expected future volumes Annual volume across each pricing zone, service or category of asset System load proﬁle by month in each pricing zone, service or category of asset Total number of customers in each pricing zone, service or category of asset Category 6: Information Regarding Key Performance Indicators Industry KPIs used by the Service Provider to justify “reasonably incurred” costs Service provider’s KPIs for each pricing zone, service or category of asset

250 Gas Pipelines Access (Queensland) Act 1998 ATTACHMENT TO THE GAS PIPELINES ACCESS (QUEENSLAND) ACT 1998 SCHEDULE A—PIPELINES TO BE COVERED FROM COMMENCEMENT OF THE CODE This schedule includes a complete list of Gas Transmission and Distribution Systems that are agreed jointly by governments as passing the coverage tests and are to be covered at the commencement of the Code. The assets described within each box shown in this Schedule constitute a Covered Pipeline for the purposes of section 1.1.

251 Gas Pipelines Access (Queensland) Act 1998 ATTACHMENT TO THE GAS PIPELINES ACCESS (QUEENSLAND) ACT 1998 INDEX Page No. GENERAL MAP ( Identiﬁes existing natural gas transmission pipelines and major centres of distribution ) Queensland—Natural Gas Transmission Piplines 1 Queensland—Natural Gas Distribution Systems 2 New South Wales & Australian Capital Territory—Natural Gas Transmission Pipelines 3 New South Wales & Australian Capital Territory—Natural Gas Distribution Systems 4 Victoria—Natural Gas Transmission Pipelines 5 Victoria—Natural Gas Distribution Systems 6 South Australia—Natural Gas Transmission Pipelines 7 South Australia—Natural Gas Distribution Systems 8 Western Australia—Natural Gas Transmission Pipelines 9 Western Australia—Natural Gas Distribution Systems 10 Northern Territory—Natural Gas Transmission Pipelines 11 Northern Territory—Natural Gas Distribution Systems 12

252 Gas Pipelines Access (Queensland) Act 1998 ATTACHMENT TO THE GAS PIPELINES ACCESS (QUEENSLAND) ACT 1998

253 Gas Pipelines Access (Queensland) Act 1998 ATTACHMENT TO THE GAS PIPELINES ACCESS (QUEENSLAND) ACT 1998

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274 Gas Pipelines Access (Queensland) Act 1998 ENDNOTES 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .274 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .274 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .275 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .275 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .276 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 July 2003. Future amendments of the Gas Pipelines Access (Queensland) Act 1998 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = deﬁnition = division = expires/expired = gazette = heading = inserted = lapsed = notiﬁed = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep retro rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No.[X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered

275 Gas Pipelines Access (Queensland) Act 1998 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. TABLE OF REPRINTS Reprint No. 1 1A 1B Amendments included to 1999 Act No. 82 to 2001 Act No. 27 to 2001 Act No. 71 1C to 2002 Act No. 34 1D to 2003 Act No. 29 Effective 19 May 2000 25 May 2001 1 March 2002 16 August 2002 1 July 2003 Reprint date 2 June 2000 29 May 2001 8 March 2002 (Column discontinued) Notes 5 List of legislation Gas Pipelines Access (Queensland) Act 1998 No. 28 date of assent 18 May 1998 ss 1–2 commenced on date of assent remaining provisions commenced 19 May 2000 (automatic commencement under AIA s 15DA(2)) (1999 No. 86 s 2) amending legislation— Electricity and Gas Legislation Amendment Act 1999 No. 82 s 1, pt 3 date of assent 14 December 1999 commenced on date of assent First Home Owner Grant and Other Legislation Amendment Act 2001 No. 21 s 1 pt 3 date of assent 17 May 2001 s 1 commenced on 9 March 2001 (see s 2) remaining provisions commenced on date of assent Federal Courts (Consequential Amendments) Act 2001 No. 27 pts 1, 5 date of assent 25 May 2001 commenced on date of assent Duties Act 2001 No. 71 ss 1–2(1), 551 sch 1 date of assent 13 November 2001 ss 1–2 commenced on date of assent remaining provisions commenced 1 March 2002 (2002 SL No. 10) Justices and Other Legislation (Miscellaneous Provisions) Act 2002 No. 34 s 1, pt 6 date of assent 16 August 2002 commenced on date of assent

276 Gas Pipelines Access (Queensland) Act 1998 Gas Supply Act 2003 No. 29 ss 1–2, ch 8 pt 4 date of assent 23 May 2003 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2003 (2003 SL No. 121) 6 List of annotations Interpretation of some expressions in the Gas Pipelines Access (Queensland) Law and the Gas Pipelines Access (Queensland) Regulations s 11 amd 2001 No. 27 s 33 PART 3—NATIONAL ADMINISTRATION AND ENFORCEMENT Division 1—Conferral of function and powers div hdg om 2001 No. 27 s 34 Division 2—Federal Court div 2 (ss 18–19) om 2001 No. 27 s 35 Division 3—Administrative decisions div 3 (ss 20–21) om 2001 No. 27 s 35 Qualiﬁcations of tribunal members s 25 amd 2002 No. 34 s 20 Vacation of ofﬁce s 28 amd 2002 No. 34 s 21 Exemption from taxes s 54 amd 2001 No. 71 s 551 sch 1 Actions in relation to cross-boundary pipelines s 55 amd 2001 No. 27 s 36 Deﬁnitions for pt 6 s 56 def “Queensland part of the PNG to Queensland pipeline” amd 2003 No. 29 s 369 Reference tariffs for certain pipelines s 58 amd 1999 No. 82 s 6 Access principles for the Queensland part of the PNG to Queensland pipeline s 59 amd 2001 No. 21 s 7; 2003 No. 29 s 370 Access principles for certain other pipelines s 60 amd 2003 No. 29 s 371 PART 7—CONSEQUENTIAL AMENDMENTS Division 1—Amendment of Acts Interpretation Act 1954 div 1 (ss 61–62) om R1 (see RA s 40) Division 2—Amendment of Gas Act 1965 div hdg om R1 (see RA s 40) Act amended in div 2 s 63 om R1 (see RA s 40)

277 Gas Pipelines Access (Queensland) Act 1998 Amendment of s 5 (Deﬁnitions) s 64 om R1 (see RA s 40) Insertion of new s 5B s 65 amd 1999 No. 82 s 7 om R1 (see RA s 40) Insertion of new s 11 s 66 om R1 (see RA s 40) Amendment of s 20 (Provisions applicable to a reticulation system) s 67 om R1 (see RA s 40) Amendment of s 52 (Restriction on constructing and maintaining pipe) s 68 om R1 (see RA s 40) Insertion of new s 52D s 69 om R1 (see RA s 40) Amendment of s 64 (Regulation–making power) s 70 om R1 (see RA s 40) Division 3—Amendment of Petroleum Act 1923 div 3 (ss 71–75) om R1 (see RA s 40) Division 4—Amendment of Petroleum (Submerged Lands) Act 1982 div 4 (ss 76–77) om R1 (see RA s 40) © State of Queensland 2003