Gas Pipelines Access (South Australia) Act 1997 (SA)

South Australia

Gas Pipelines Access (South Australia) Act 1997

An Act to make provision for the regulation of third party access to natural gas pipeline systems; to repeal the Natural Gas Pipelines Access Act 1995; and for other purposes.

Contents

Preamble

Part 1—Preliminary

Short title
Commencement
Interpretation
Crown to be bound
Application to coastal waters
Extra-territorial operation

Part 2—Gas Pipelines Access (South Australia) Law and Gas Pipelines Access (South Australia) Regulations

Application in South Australia of the Gas Pipelines Access Law
Application of regulations under Gas Pipelines Access Law
Interpretation of some expressions in the Gas Pipelines Access (South Australia) Law and Regulations

Part 3—Power to make regulations for the Gas Pipelines Access Law

Power to make regulations for the Gas Pipelines Access Law
Civil penalty provisions of the Gas Pipelines Access Law
Specific regulation-making powers

Part 4—National administration and enforcement

Division 1—Conferral of functions and powers

Conferral of functions on Commonwealth Minister and Commonwealth bodies
Conferral of power on Commonwealth Minister and Commonwealth bodies to do acts in this State
Conferral of power on Ministers, Regulators and appeals bodies of other scheme participants
Conferral of functions on Code Registrar
Functions and powers conferred on South Australian Minister, Regulator and appeals body

Part 5—General

Exemption from taxes
Actions in relation to cross-boundary pipelines
Subordinate Legislation Act 1978

Part 6—Local administration and enforcement

Division 1—Code Registrar

Code Registrar
Delegation
Annual report
Immunity

Division 2—Local Regulator

Functions and powers
Independence of local Regulator
Certain provisions of Essential Services Commission Act not to apply
Annual report
Immunity

Division 3—Appeals body

Experts to sit with District Court as assessors
Certain provisions of District Court Act not to apply

Division 4—Miscellaneous

Regulations

Part 7—Local transitional and consequential provisions

Division 1—Transitional provisions

Reference tariffs during transitional period

Division 2—Consequential amendments

Subdivision 1—Preliminary

Interpretation

Subdivision 2—Repeal of Natural Gas Pipelines Access Act 1995

Repeal

Schedule 1—Third party access to natural gas pipelines

Part 1—Preliminary

Citation
Definitions
Scheme participants
Interpretation generally

Part 2—National Third Party Access Code for Natural Gas Pipeline Systems

The Code
Amendment of Code
Availability of copies of amended Code
Evidence

Part 3—Pipelines

Definitions
Application for classification and determination of close connection for purposes of coverage under Code
Classification when Ministers do not agree
Code Registrar to record classification etc
Preventing or hindering access1

Part 3A—Greenfields pipeline incentives

Division 1—Preliminary

13ADefinitions
13BNational gas objective
13CPipeline coverage criteria

Division 2—Binding no-coverage determinations

Subdivision 1—Application

13DApplication for binding no-coverage determinations for proposed pipelines
13ENotification of relevant Minister

Subdivision 2—Investigation and recommendation by NCC

13FGeneral principles governing NCC's recommendations on applications for binding no-coverage determinations
13GNotice of application
13HDraft recommendation
13IPublication of draft recommendation and invitation to make submissions and comments
13JConsideration of submissions and comments and making of final recommendation

Subdivision 3—Ministerial determination of application

13KMinister's decision on application
13LEffect of determination
13MConsequences of Minister deciding against making binding no-coverage determination for international pipeline

Division 3—Price regulation exemptions

Subdivision 1—Application for price regulation exemption

13NApplication for price regulation exemption
13ONotification of Commonwealth Minister

Subdivision 2—Investigation and recommendation by NCC

13PGeneral principle governing NCC's recommendation
13QInvitation of submissions and comments
13RNCC's duty to make recommendation within 42 days

Subdivision 3—Making and effect of price regulation exemption

13SMaking of price regulation exemption
13TEffect of price regulation exemption
13ULimited access arrangement
13VOther obligations to which service provider is subject

Division 4—Provisions of general application to greenfields pipeline incentives

Subdivision 1—Extended or modified application of greenfields pipeline incentive

13WRequirement for conformity between pipeline description and pipeline as constructed
13XPower of relevant Minister to amend pipeline description

Subdivision 2—Early termination of greenfields pipeline incentive

13YGreenfields pipeline incentive may lapse
13ZRevocation by consent
13ZARevocation for misrepresentation
13ZBExhaustive provision for termination of greenfields pipeline incentive

Part 4—Arbitration of access disputes

Definitions
Application of Part
Person to conduct arbitration
Where ACCC conducts arbitration
Hearing to be in private
Right to representation
Procedure
Particular powers of arbitrator
Determination
Contempt
Disclosure of information
Power to take evidence on oath or affirmation
Failing to attend as a witness
Failing to answer questions etc
Intimidation etc
Party may request arbitrator to treat material as confidential
Costs
Appeal to Court

Part 5—Proceedings for breach of law

Proceedings
Criminal proceedings do not lie
Civil penalty
Injunctions
Actions for damages for contravention of conduct provision
Declaratory relief

Part 6—Administrative appeals

Application for review
Limited review of certain decisions of Regulator

Part 7—General

Supply and haulage of natural gas
Power to obtain information and documents
Restriction on disclosure of confidential information
Application for review of disclosure notice

Schedule 2—National Third Party Access Code for Natural Gas Pipeline Systems

Legislative history

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.

The Parliament of South Australia enacts as follows:

Part 1—Preliminary
1—Short title
This Act may be cited as the Gas Pipelines Access (South Australia) Act 1997.
2—Commencement

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.
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

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;
Gas Pipelines Access (South Australia) Regulations means the provisions applying because of section 8.
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.
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

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.
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

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;
(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.
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 Regulations
In the Gas Pipelines Access (South Australia) Law and the Gas Pipelines Access (South Australia) 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) 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;
designated appeals body means the local appeals body;
designated Minister means the local Minister;
District Court means the Administrative and Disciplinary Division of the District Court;
Essential Services Commission means the body of that name established under the Essential Services Commission Act 2002;
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 District Court;
local Minister means the Minister to whom administration of this Act is committed;
local Regulator means the Essential Services Commission;
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—Power to make regulations for the Gas Pipelines Access Law

The Governor may make regulations—
(a)contemplated by the Gas Pipelines Access Law; or
(b)for or with respect to any matter or thing necessary to be prescribed to give effect to the Gas Pipelines Access Law.
A regulation under this Part may be made only on the unanimous recommendation of the relevant Ministers of the scheme participants.
The appendix to Schedule 1 applies in relation to a regulation under this Part.
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

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.
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.

Part 4—National administration and enforcement
Division 1—Conferral of functions and powers
13—Conferral of functions on Commonwealth Minister and Commonwealth bodies

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.
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.
16—Conferral of functions on Code Registrar

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.
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 local Regulator; or
(c)the local appeals body,

the Minister, the local Regulator or the local appeals body—
(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.

Part 5—General
22—Exemption from taxes

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.
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.

23—Actions in relation to cross-boundary pipelines

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 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 Supreme Court, or relevant appeals body, within the meaning of 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 distribution pipeline unless this State has been determined to be the scheme participant most closely connected to the pipeline (see Part 3 of Schedule 1).

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.
A reference in this section to an action that is taken includes a reference to a decision that is made.

24—Subordinate Legislation Act 1978
The Subordinate Legislation Act 1978 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

There will be a Code Registrar.
The Code Registrar will be appointed by the Governor.
The Code Registrar is appointed, and holds office, in accordance with the Public Sector Management Act 1995.
The Code Registrar may be removed from office by resolution passed by at least two-thirds of the relevant Ministers of the scheme participants.
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

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.
A delegation under this section—
(a)must be in writing; and
(b)may be conditional or unconditional; and
(c)is revocable at will; and
(d)does not prevent the delegator from acting in any matter.

27—Annual report

The Code Registrar must, within three months after the end of each financial year, deliver to the Minister a report on the Code Registrar's operations during that financial year.
The Minister must have a copy of the report laid before both Houses of Parliament within 12 sitting days after receipt of the report.
The Code Registrar must, as soon as practicable after delivering a report to the Minister, provide a copy of the report to the relevant Minister of each of the other scheme participants.

28—Immunity

No personal liability attaches to the Code Registrar or a delegate of the Code Registrar for an act or omission in good faith in the exercise or discharge, or purported exercise or discharge, of official powers or functions of the Code Registrar or delegate.
A liability that would, but for subsection (1), lie against a person, lies instead against the Crown.

Division 2—Local Regulator
30—Functions and powers

The local Regulator has—
(a)the functions and powers conferred on the local Regulator under the Gas Pipelines Access (South Australia) Law; and
(b)the functions and powers conferred on the local Regulator under the National Gas Agreement.
In performing functions the local Regulator should make appropriate use of the expertise of the Technical Regulator under the Gas Act 1997 in relation to safety or technical standards in the gas supply industry.

31—Independence of local Regulator
The local Regulator is entirely independent of direction or control by the Crown or any Minister or officer of the Crown in the performance of the Regulator's functions and powers.
32—Certain provisions of Essential Services Commission Act not to apply
Section 6 and Part 5 of the Essential Services Commission Act 2002 do not apply to the Essential Services Commission when acting as the local Regulator.
40—Annual report

The local Regulator must, within three months after the end of each financial year, deliver to the Minister a report on the Regulator's operations during that financial year.

(1a)The report may be incorporated with the Essential Services Commission's report under section 39 of the Essential Services Commission Act 2002.

The Minister must have a copy of the report laid before both Houses of Parliament within 12 sitting days after receipt of the report.

41—Immunity

No personal liability attaches to the local Regulator, a delegate of the Regulator or a person acting under the direction or authority of the Regulator for an act or omission in good faith in the exercise or discharge, or purported exercise or discharge, of official powers or functions.
A liability that would, but for subsection (1), lie against a person, lies instead against the Crown.

Division 3—Appeals body
42—Experts to sit with District Court as assessors

The Minister must establish a panel of experts who may sit as assessors with the District Court consisting of persons with knowledge of, or experience in, the gas supply industry or in the fields of commerce or economics.
A member of a panel is to be appointed by the Minister for a term of office not exceeding 3 years and on conditions determined by the Minister and specified in the instrument of appointment.
A member of a panel is, on the expiration of a term of office, eligible for reappointment.
Subject to subsection (5) and except in the case of an appeal limited to a question of law, a judicial officer of the District Court must select 2 members from the panel to sit with the Court in proceedings under the Gas Pipelines Access (South Australia) Law.
A member of a panel who has a direct or indirect pecuniary or other interest in a matter before the Court is disqualified from participating in the hearing of the matter.
Subsection (5) does not apply if the interest is as a result of the supply of goods or services that are available to members of the public on the same terms and conditions.
If a member of a panel sitting with the District Court dies or is for any reason unable to continue with any proceedings, the Court constituted of the judicial officer who is presiding at the proceedings and the other member of the panel sitting with the Court may, if the judicial officer so determines, continue and complete the proceedings.
If proceedings are reheard, the District Court may have regard to any record of proceedings made in the earlier proceedings (including a record of evidence taken in those proceedings).

43—Certain provisions of District Court Act not to apply
The following provisions of the District Court Act 1991 do not apply to the District Court when acting as the local appeals body:
section 42C
section 42D
section 42F
section 42G(2)
Part 7.

Division 4—Miscellaneous
47—Regulations

The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, the application of this Act in this State.
Without limiting the generality of subsection (1), the regulations may fix fees in respect of any matter under this Act and provide for the waiver or refund of such fees.

Part 7—Local transitional and consequential provisions
Division 1—Transitional provisions
48—Reference tariffs during transitional period

In approving access arrangements under the Gas Pipelines Access (South Australia) Law that will have effect during the transitional period, the South Australian Independent Pricing and Access Regulator—
(a)must take into account the need to manage the transition to reference tariffs fixed in accordance with the principles set out in the Law in an orderly fashion so as to avoid sudden significant increases in the prices paid by consumers for services provided by means of Code pipelines; and
(b)for that purpose, may require adjustments to be made to the reference tariffs that would otherwise apply in accordance with the principles set out in the Law during the transitional period.
An access arrangement must set out the nature of, and the reasons for, an adjustment of a reference tariff under this section.
In this section—
transitional period means the period from the commencement of this section to the date on which all consumers within the meaning of the Gas Act 1997 are classified as contestable consumers for the purposes of that Act.

Division 2—Consequential amendments
Subdivision 1—Preliminary
49—Interpretation
A reference in this Division to the principal Act is a reference to the Act referred to in the heading to the Subdivision in which the reference occurs.
Subdivision 2—Repeal of Natural Gas Pipelines Access Act 1995
50—Repeal

The Natural Gas Pipelines Access Act 1995 (the former legislation) is repealed.
However, the former legislation (except Part 2) continues to apply in relation to a Code pipeline until an access arrangement is approved under the Gas Pipelines Access (South Australia) Law in relation to the pipeline.
The regulations may modify the former legislation (including any regulations made under the former legislation) for the purposes of its continued application under subsection (2).
Arbitration or legal proceedings under the former legislation relating to a Code pipeline that have commenced but not been completed when an access arrangement is approved in relation to the pipeline under the Gas Pipelines Access (South Australia) Law may be continued under the former legislation as if an access arrangement had not been so approved.
For the purposes of this section, arbitration proceedings will be taken to have commenced under the former legislation if a proponent of an access proposal has, in accordance with that legislation, asked the regulator to refer an access dispute to arbitration.
An award of an arbitrator under the former legislation relating to a Code pipeline will have effect as a determination of an arbitrator under the Gas Pipelines Access (South Australia) Law.

Schedule 1—Third party access to natural gas pipelines
Part 1—Preliminary
1—Citation
This Schedule and the National Third Party Access Code for Natural Gas Pipeline Systems set out in Schedule 2 or, if that Code is amended in accordance with this Schedule, that Code as so amended and in force for the time being may together be referred to as the Gas Pipelines Access Law.
2—Definitions
In this Law—
ACCC means the Australian Competition and Consumer Commission established by section 6A of the Trade Practices Act 1974 of the Commonwealth and includes a member of the Commission or a Division of the Commission performing functions of the Commission;
adjacent area, in respect of a State or Territory, means the area that is identified in section 5A of the Petroleum (Submerged Lands) Act 1967 of the Commonwealth as the adjacent area in respect of that State or Territory;
asset means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description (including money) and includes securities, choses in action and documents;
Australian Competition Tribunal means the Australian Competition Tribunal referred to in the Trade Practices Act 1974 of the Commonwealth and includes a member of the Tribunal or a Division of the Tribunal performing functions of the Tribunal;
civil penalty provision means—
(a)section 13, section 13V(3) or section 40; or
(b)a provision of the Code that, under the regulations, is a civil penalty provision for the purposes of this Law;

Code pipeline has the same meaning as covered pipeline has in the Code;
Code Registrar means a person appointed to or acting in the position of Code Registrar appointed under the Gas Pipelines Access (South Australia) Act 1997 of South Australia;
Commonwealth Minister means the local Minister within the meaning of the gas pipelines access legislation of the Commonwealth;
commencement date, in relation to a provision of this Law, means the date on which that provision comes into operation for this scheme participant;
conduct provision means—
(a)section 13; or
(b)a provision of the Code that, under the Code, is a conduct provision for the purposes of this Law;

cross-boundary pipeline means a distribution pipeline that is situated in the jurisdictional areas of 2 or more scheme participants;
distribution pipeline means a pipeline—
(a)that is described in the Code as a distribution pipeline and has not been reclassified as a transmission pipeline; or
(b)that is classified in accordance with this Law as a distribution pipeline,

and includes any extension or expansion of such a pipeline that, under an access arrangement under the Code, is to be treated as part of the pipeline.
gas pipelines access legislation, in relation to a scheme participant, means—
(a)in the case of South Australia—
(i)Parts 1, 2, 3, 4 and 5 of the Gas Pipelines Access (South Australia) Act 1997 of South Australia; and

(ii)regulations in force under Part 3 of that Act; and
(iii)the Gas Pipelines Access Law (within the meaning of section 3(1) of that Act), as applying as a law of South Australia; and

(b)in the case of Western Australia—
(i)provisions of an Act of Western Australia that substantially correspond to the provisions of Parts 1, 2, 3, 4 and 5 of the South Australian Act; and

(ii)regulations in force under the Western Australia Act that make provisions substantially corresponding to the provisions of regulations under Part 3 of the South Australian Act; and
(iii)provisions that substantially correspond to the provisions referred to in paragraph (a) of the definition of Gas Pipelines Access Law in section 3(1) of the South Australian Act; and
(iv)the provisions referred to in paragraph (b) of that definition, as applying as a law of Western Australia;

(c)in the case of any other scheme participant—
(i)provisions of an Act of the scheme participant that substantially correspond to the provisions of Parts 1, 2, 4 and 5 of the South Australian Act; and

(ii)regulations in force under Part 3 of the South Australian Act, as applying as a law of that scheme participant; and
(iii)the Gas Pipelines Access Law (within the meaning of section 3(1) of the South Australian Act), as applying as a law of that scheme participant;

jurisdictional area, in relation to a scheme participant, means—
(a)if the scheme participant is the Commonwealth—
(i)if the gas pipelines access legislation in force in the Commonwealth applies in the adjacent area of a State or the Northern Territory because of section 9(1A) or 11(1A) of the P(SL) Act—the adjacent area in respect of that State or Territory; and

(ii)if the gas pipelines access legislation in force in the Commonwealth applies in an external Territory under section 8 of the Gas Pipelines Access (Commonwealth) Act 1997 of the Commonwealth—the area within the limits of that Territory and the adjacent area in respect of that Territory; and
(iii)if the gas pipelines access legislation in force in the Commonwealth applies in the Jervis Bay Territory under section 8 of the Gas Pipelines Access (Commonwealth) Act 1997 of the Commonwealth—the area within the limits of that Territory; and

(b)if the scheme participant is a State or the Northern Territory—
(i)the area within the limits of that State or Territory and includes all waters in the area described in Schedule 2 to the P(SL) Act that relates to that State or Territory that are on the landward side of the adjacent area in respect of that State or Territory; and

(ii)if the gas pipelines access legislation of that State or Territory applies in the adjacent area in respect of that State or Territory because of section 9(1) or 11(1) of the P(SL) Act—the adjacent area in respect of that State or Territory; and
(iii)if the gas pipelines access legislation of that State or Territory applies in an external Territory in accordance with an Act in force in the Commonwealth—the area within the limits of that external Territory and the adjacent area in respect of that external Territory; and

(c)if the scheme participant is the Australian Capital Territory—
(i)the area within the limits of that Territory; and

(ii)if the gas pipelines access legislation of that Territory applies in an external Territory in accordance with an Act in force in the Commonwealth—the area within the limits of that external Territory and the adjacent area in respect of that external Territory; and
(iii)if the gas pipelines access legislation in force in that Territory applies in the Jervis Bay Territory in accordance with an Act in force in the Commonwealth—the area within the limits of that Territory;

liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective;
National Gas Agreement means the Natural Gas Pipelines Access Agreement relating to third party access to natural gas pipeline systems entered into by the Commonwealth, the States of New South Wales, Victoria, Queensland, South Australia, Western Australia and Tasmania and the Australian Capital Territory and the Northern Territory on 7 November 1997;
natural gas means a substance—
(a)which is in a gaseous state at standard temperature and pressure and which consists of naturally occurring hydrocarbons, or a naturally occurring mixture of hydrocarbons and non-hydrocarbons, the principal constituent of which is methane; and
(b)which has been processed to be suitable for consumption;

NCC means the National Competition Council established by section 29A of the Trade Practices Act 1974 of the Commonwealth;
pipeline means a pipe, or system of pipes, or part of a pipe, or system of pipes, for transporting natural gas, and any tanks, reservoirs, machinery or equipment directly attached to the pipe, or system of pipes, but does not include—
(a)unless paragraph (b) applies, anything upstream of a prescribed exit flange on a pipeline conveying natural gas from a prescribed gas processing plant; or
(b)if a connection point upstream of an exit flange on such a pipeline is prescribed, anything upstream of that point; or
(c)a gathering system operated as part of an upstream producing operation; or
(d)any tanks, reservoirs, machinery or equipment used to remove or add components to or change natural gas (other than odourisation facilities) such as a gas processing plant; or
(e)anything downstream of the connection point to a consumer;

P(SL) Act means the Petroleum (Submerged Lands) Act 1967 of the Commonwealth;
regulation means a regulation made under Part 3 of the Gas Pipelines Access (South Australia) Act 1997 of South Australia;
regulatory provision means—
(a)section 40; or
(b)a provision of the Code that, under the Code, is a regulatory provision for the purposes of this Law;

relevant appeals body means—
(a)in relation to a decision of the Commonwealth Minister or the ACCC, the Australian Competition Tribunal;
(b)in relation to a decision of the local Minister, the designated appeals body;
(c)in relation to a decision of the local Regulator, the local appeals body;

relevant Minister—
(a)in relation to a scheme participant, means the local Minister within the meaning of the gas pipelines access legislation of that scheme participant;
(b)in relation to a decision under the Code as to whether a transmission pipeline that is, or is to be, situated wholly within the jurisdictional area of this scheme participant should be, or should cease to be, a covered pipeline within the meaning of the Code, means the designated Minister;
(c)in relation to a decision under the Code as to whether a transmission pipeline that is, or is to be, situated in the jurisdictional areas of 2 or more scheme participants, should be, or should cease to be, a covered pipeline within the meaning of the Code, means the Commonwealth Minister;
(d)in relation to a decision under the Code as to whether a distribution pipeline that is, or is to be, situated wholly within the jurisdictional area of this scheme participant should be, or should cease to be, a covered pipeline within the meaning of the Code, means the local Minister;
(e)in relation to a decision under the Code as to whether a distribution pipeline that is, or is to be, situated in the jurisdictional areas of 2 or more scheme participants should be, or should cease to be, a covered pipeline within the meaning of the Code, means the local Minister for the scheme participant with which the pipeline is most closely connected, as determined under Part 3;

relevant Regulator—
(a)in relation to a transmission pipeline, or a matter concerning a transmission pipeline or service provider of a transmission pipeline, means the ACCC;

(b)in relation to a distribution pipeline, or a matter concerning a distribution pipeline or service provider of a distribution pipeline, that is, or is to be, situated wholly within the jurisdictional area of this scheme participant, means the local Regulator;
(c)in relation to a distribution pipeline, or a matter concerning a distribution pipeline or service provider of a distribution pipeline, that is, or is to be, situated in the jurisdictional areas of 2 or more scheme participants, means the local Regulator for the scheme participant with which the pipeline is most closely connected, as determined under Part 3;

rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective;
scheme participant means a State or Territory or the Commonwealth if, under section 3, it is a scheme participant;
service provider, in relation to a pipeline or proposed pipeline, means the person who is, or is to be, the owner or operator of the whole or any part of the pipeline or proposed pipeline;
Territory means the Australian Capital Territory or the Northern Territory;
transmission pipeline means a pipeline—
(a)that is described in the Code as a transmission pipeline and has not been reclassified as a distribution pipeline; or
(b)that is classified in accordance with this Law as a transmission pipeline,

and includes any extension or expansion of such a pipeline that, under an access arrangement under the Code, is to be treated as part of the pipeline.
3—Scheme participants

The Commonwealth, each of the States of New South Wales, Victoria, Queensland, South Australia, Western Australia and Tasmania, the Australian Capital Territory and the Northern Territory are scheme participants.
If—
(a)the legislature of a scheme participant, other than South Australia, Western Australia and Tasmania—
(i)does not enact a law that substantially corresponds to Parts 1, 2, 4 and 5 of the South Australian Act before the expiration of one year after the enactment of that Act; or
(ii)having enacted such a law within that period, repeals it; or
(b)such a law, having been enacted, is not in operation before the expiration of that period,
and the relevant Ministers of the other scheme participants so declare in writing, the first-mentioned scheme participant ceases to be a scheme participant.
If—
(a)Parts 1, 2, 3, 4 and 5 of the South Australian Act are not in operation before the expiration of one year after its enactment; and
(b)the relevant Ministers of the other scheme participants so declare in writing,
South Australia ceases to be a scheme participant.
If—
(a)the legislature of Western Australia does not enact a law—
(i)that contains provisions that substantially correspond to Parts 1, 2, 3, 4 and 5 of the South Australian Act; and
(ii)that contains provisions that substantially correspond to the provisions referred to in paragraph (a) of the definition of Gas Pipelines Access Law in section 3(1) of the South Australian Act; and
(iii)that provides for the provisions referred to in paragraph (b) of that definition to apply as a law of Western Australia; and
(iv)under which there are in force regulations that substantially correspond to the regulations under Part 3 of the South Australian Act,
before the expiration of one year after the enactment of that Act; or
(b)the legislature of Western Australia, having enacted such a law within that period, repeals it; or
(c)such a law, having been enacted, is not in operation before the expiration of that period,
and the relevant Ministers of the other scheme participants so declare in writing, Western Australia ceases to be a scheme participant.
If—
(a)the relevant Ministers of the scheme participants, other than Tasmania, are of the opinion that, in accordance with the National Gas Agreement, Tasmania is required to seek the enactment by its legislature of a law that corresponds to Parts 1, 2, 4 and 5 of the South Australian Act; and
(b)those relevant Ministers give notice accordingly to the relevant Minister of Tasmania; and
(c)any of the following circumstances occur—
(i)the legislature of Tasmania does not enact a law that substantially corresponds to Parts 1, 2, 4 and 5 of the South Australian Act before the expiration of 6 months after the giving of the notice; or
(ii)the legislature of Tasmania, having enacted such a law within that period, repeals it; or
(iii)such a law, having been enacted, is not in operation within that period,
and the relevant Ministers of the other scheme participants so declare in writing, Tasmania ceases to be a scheme participant.
If the Commonwealth or a State or Territory ceases to be a scheme participant, the Commonwealth, State or Territory becomes a scheme participant again if—
(a)it is a party to the National Gas Agreement; and
(b)there is in force a law of the Commonwealth, State or Territory of a kind that, if not enacted and in operation, would cause the Commonwealth, State or Territory to cease to be a scheme participant on a declaration under this section.
If the Commonwealth or a State or Territory becomes a scheme participant under subsection (6), the Commonwealth, State or Territory ceases to be a scheme participant if—
(a)there ceases to be in force a law of the Commonwealth, State or Territory of the kind referred to in paragraph (b) of that subsection; and
(b)the relevant Ministers of the other scheme participants so declare in writing.
If, at any time, all scheme participants agree that the Commonwealth or a specified State or Territory will cease to be a scheme participant on a specified date, the Commonwealth, State or Territory ceases to be a scheme participant on that date.
A notice must be published in the South Australian Government Gazette of the date on which the Commonwealth or a State or Territory becomes, or ceases to be, a scheme participant under subsection (2), (3), (4), (5), (6), (7) or (8).
If the legislature of the Commonwealth or a State or Territory enacts a law while it is a scheme participant that, in the unanimous opinion of the relevant Ministers of the other scheme participants, is inconsistent with this Law, those other scheme participants may give notice to the relevant Minister of the Commonwealth, State or Territory to the effect that, if the inconsistent law remains in force as an inconsistent law for more than 6 months after the notice is given, the other scheme participants may declare that the Commonwealth, State or Territory has ceased to be a scheme participant.
The Commonwealth or a State or Territory ceases to be a scheme participant upon publication in the South Australian Government Gazette of a declaration made by the Ministers of the other scheme participants in accordance with subsection (10).
In this section—
South Australian Act means the Gas Pipelines Access (South Australia) Act 1997 of South Australia.

4—Interpretation generally
The Appendix to this Schedule contains miscellaneous provisions relating to the interpretation of this Law.
Part 2—National Third Party Access Code for Natural Gas Pipeline Systems
5—The Code
A provision of the Code that is inconsistent with a provision of this Law (other than the Code) or of an Act of the legislature is of no effect to the extent of the inconsistency.
6—Amendment of Code

If the relevant Ministers of the scheme participants have received advice in accordance with any relevant provisions of the Code relating to amendment of the Code, the relevant Ministers may, by agreement in accordance with this Law, amend the Code to make provision for or with respect to any matter relevant to the subject matter of the Code as set out in Schedule 2 to the Gas Pipelines Access (South Australia) Act 1997 of South Australia, as enacted.
An agreement under subsection (1) must be made by all the relevant Ministers unless subsection (3) applies.
An agreement under subsection (1) may be made by two-thirds of the relevant Ministers if it relates only to an amendment that—
(a)is not an amendment of a core provision within the meaning of the Code; and
(b)does not extend the application of section 38; and
(c)does not insert a provision in the Code dealing with a matter not dealt with in the Code as in force immediately before the amendment is made.
An agreement under subsection (1) is of no effect to the extent that it amends, or purports to amend, or makes, or purports to make, provision inconsistent with, a provision of the Code that specifies—
(a)the matters about which the NCC must be satisfied in making a recommendation under the Code as to whether a pipeline should be, or should cease to be, a covered pipeline within the meaning of the Code; or
(b)the matters about which the relevant Minister must be satisfied in deciding under the Code whether a pipeline should be, or should cease to be, a covered pipeline within the meaning of the Code.
The relevant Ministers must ensure that—
(a)a copy of each agreement made under this section is published in the South Australian Government Gazette; and
(b)a notice of the making of each such agreement is published in a daily newspaper circulating generally in Australia.
An amendment of the Code under this section has effect on and from the day on which the copy of the agreement for the amendment is published in the South Australian Government Gazette or, if the agreement provides that the amendment comes into operation on a later day, on and from that later day.
All conditions and preliminary steps required for the making of an amendment of the Code are to be presumed to have been satisfied and performed, in the absence of evidence to the contrary.

7—Availability of copies of amended Code
If the Code has been amended in accordance with section 6, the Code Registrar—
(a)must make a copy of the Code, as so amended, available for inspection during ordinary working hours on business days at such place or places as are prescribed by the regulations; and
(b)must ensure that copies of the Code, as so amended, are available for purchase.

8—Evidence
A document purporting to be a copy of the Code as amended in accordance with section 6 and endorsed with a certificate of the Code Registrar certifying that the document is such a copy is evidence that the document is such a copy.
Part 3—Pipelines
9—Definitions

In this Part—
authorised applicant, in relation to a pipeline, means—
(a)a service provider of the pipeline;
(b)the ACCC;
(c)the NCC;
(d)a person who is a local Regulator within the meaning of the gas pipelines access legislation of a scheme participant;
classification includes re-classification;
classification criteria, in relation to a pipeline, means the criteria referred to in subsection (2);
determination includes re-determination;
determination criteria, in relation to a pipeline and a scheme participant, means the criteria referred to in subsection (3);
pipeline includes proposed pipeline.
The classification criteria, in relation to a pipeline, are—
(a)whether the primary function of the pipeline is—
(i)to convey natural gas to a market (which is the primary function of a transmission pipeline); or
(ii)to reticulate natural gas within a market (which is the primary function of a distribution pipeline);
(b)whether the characteristics of the pipeline are those of a transmission pipeline or a distribution pipeline having regard to the characteristics and classification of the pipelines specified in the Code as transmission pipelines or distribution pipelines and to—
(i)the diameter of the pipeline;
(ii)the pressure at which it is designed to operate;
(iii)the number of points at which gas can be fed into it;
(iv)the extent of the area served or to be served by it;
(v)its linear or dendritic configuration.
The determination criteria, in relation to a pipeline and a scheme participant, are—
(a)whether more gas is to be delivered by the pipeline in the jurisdictional area of that scheme participant than in the jurisdictional area of any other scheme participant;
(b)whether more customers to be served by the pipeline are resident in the jurisdictional area of that scheme participant than in the jurisdictional area of any other scheme participant;
(c)whether more of the network for the pipeline is in the jurisdictional area of that scheme participant than in the jurisdictional area of any other scheme participant;
(d)whether that scheme participant has greater prospects for growth in the gas market served by the pipeline than any other scheme participant;
(e)whether the regional economic benefits from competition are likely to be greater for that scheme participant than for other scheme participants.

10—Application for classification and determination of close connection for purposes of coverage under Code

An authorised applicant may apply under this section—
(a)for the classification of a pipeline as a transmission pipeline or a distribution pipeline; and
(b)if the pipeline is, or is to be, situated in the jurisdictional area of 2 or more scheme participants and is classified as a result of the application as a distribution pipeline, for the determination of the scheme participant with which the pipeline is most closely connected.
If a distribution pipeline is, or is to be, extended so that it becomes, or will become, a cross-boundary pipeline, an authorised applicant may apply under this section for a determination of the scheme participant with which the pipeline is most closely connected.
An application under subsection (1) or (2) must be made in the form approved by the Code Registrar—
(a)to the relevant Minister of a scheme participant in the jurisdictional area of which any part of the pipeline is or is to be situated; or
(b)to the Commonwealth Minister.
A Minister referred to in subsection (3) to whom the application is made must forthwith give notice of the application—
(a)to each other Minister to whom the application could have been made; and
(b)to the Code Registrar.
The Ministers to whom the application is made or notified must, as soon as possible—
(a)in the case of an application under subsection (1)—
(i)classify the pipeline, having regard to the classification criteria, as a transmission pipeline or a distribution pipeline; and
(ii)if the pipeline is, or is to be, situated in the jurisdictional areas of 2 or more scheme participants, and is classified as a distribution pipeline, determine the scheme participant with which the pipeline is most closely connected, having regard to the determination criteria and such other matters as the Ministers consider relevant; or
(b)in the case of an application under subsection (2), determine the scheme participant with which the pipeline is most closely connected, having regard to the determination criteria and such other matters as the Ministers consider relevant,
but, if the Ministers are unable to agree within a reasonable time on the classification or determination, they must notify the Code Registrar accordingly.
If the Ministers agree on a classification and, if applicable, determination, they must cause the Code Registrar and the relevant Ministers of all other scheme participants to be notified of the decision.
The relevant Minister of a scheme participant may, within 14 days after receiving notification under subsection (6), object to the classification or determination by writing given to the Code Registrar.
If the Code Registrar receives no objection within the period referred to in subsection (7), the Code Registrar—
(a)must record the classification of the pipeline in accordance with the agreement under subsection (6); and
(b)must record the determination (if any) under that subsection; and
(c)must notify the NCC accordingly.

11—Classification when Ministers do not agree

If the Code Registrar—
(a)is not notified within 42 days after receiving notice of an application under section 10(1)—
(i)that a pipeline has been classified by the Ministers as a transmission pipeline or a distribution pipeline; and
(ii)if it is classified as a distribution pipeline and is, or is to be, situated in the jurisdictional areas of 2 or more scheme participants, that the scheme participant with which it is most closely connected has been determined; or
(b)receives an objection under section 10(7),
the Code Registrar must notify the NCC that the classification or determination has not been made or that an objection has been received.
The NCC must, within 14 days after receiving a notification under subsection (1), give to the Commonwealth Minister, the relevant Ministers of the scheme participants and the Code Registrar—
(a)its recommendation as to the classification of the pipeline (having regard to the classification criteria); and
(b)if the pipeline is classified as a distribution pipeline and is, or is to be, situated in the jurisdictional areas of 2 or more scheme participants, its determination (having regard to the determination criteria) as to the scheme participant with which the pipeline is most closely connected.
Unless the Commonwealth Minister and the relevant Ministers unanimously agree within 14 days after receiving the recommendation to classify and, in the case of a distribution pipeline that is, or is to be, situated in the jurisdictional areas of 2 or more scheme participants, make a determination in respect of, the pipeline otherwise than in accordance with the recommendation of the NCC—
(a)the pipeline is classified in accordance with the NCC's recommendation; and
(b)if the pipeline is classified as a distribution pipeline and is, or is to be, situated in the jurisdictional areas of 2 or more scheme participants, the scheme participant with which the pipeline is most closely connected is the scheme participant determined by the NCC.
If the Ministers classify, or make a determination in respect of, a pipeline under subsection (3), they must cause the Code Registrar to be notified of the decision.

12—Code Registrar to record classification etc
The Code Registrar—
(a)must record the classification of the pipeline in accordance with the decision or recommendation, as the case requires, under section 11; and
(b)if the pipeline is classified as a distribution pipeline and is a cross-boundary pipeline, must record the scheme participant with which the pipeline is most closely connected in accordance with the decision or recommendation, as the case requires, under section 11; and
(c)must notify the NCC accordingly.

13—Preventing or hindering access1

A service provider or a person who is a party to an agreement with a service provider relating to a service provided by means of a Code pipeline or, as the result of an arbitration, is entitled to such a service or an associate of a service provider or such a person must not engage in conduct for the purpose of preventing or hindering the access of another person to a service provided by means of the Code pipeline.
For the purposes of subsection (1), a person is deemed to engage in conduct for a particular purpose if—
(a)the conduct is or was engaged in for that purpose or for a purpose that includes, or included, that purpose; and
(b)that purpose is or was a substantial purpose.
A person may be taken to have engaged in conduct for the purpose referred to in subsection (1) even though, after all the evidence has been considered, the existence of that purpose is ascertainable only by inference from the conduct of the person or of any other person or from other relevant circumstances.

Subsection (3) does not limit the manner in which the purpose of a person may be established for the purpose of subsection (1).
In this section—
(a)a reference to engaging in conduct is a reference to doing or refusing to do any act, including refusing to supply a service or, without reasonable grounds, limiting or disrupting a service, or making, or giving effect to, a provision of, a contract or arrangement, arriving at, or giving effect to, a provision of, an understanding or requiring the giving of, or giving, a covenant;
(b)a reference to refusing to do an act includes a reference to—
(i)refraining (otherwise than inadvertently) from doing that act; or
(ii)making it known that that act will not be done.
Subsection (1) does not apply to conduct engaged in in accordance with an agreement, if the agreement was in force on 30 March 1995.
In this section—
associate, in relation to a person, has the meaning it would have under Division 2 of Part 1.2 of the Corporations Act 2001 of the Commonwealth if sections 13, 14, 16(2) and 17 of that Act were repealed.

Note—
1Examples of conduct which may be prohibited if the requisite purpose is established include—
(a)refusing to supply, or limiting or disrupting the supply of, a service to a user or prospective user for technical or safety reasons without reasonable grounds;
(b)refusing to sell a marketable parcel (within the meaning of the Code) on reasonable terms and conditions.

Part 3A—Greenfields pipeline incentives
Division 1—Preliminary
13A—Definitions

In this Part—
Australia's adjacent areas means areas that are identified in section 5A of the Petroleum (Submerged Lands) Act 1967 of the Commonwealth as adjacent to States, Territories and other parts of Australia;
binding no-coverage determination means a determination under Division 2;
commission—a pipeline is commissioned when the pipeline is first used for the haulage of natural gas, on a commercial basis, between a supplier and a user;
excluded infrastructure in relation to a pipeline means tanks, reservoirs, machinery, equipment or other infrastructure that forms part of the pipeline but is classified by regulation as excluded infrastructure for the purposes of this Part;
foreign source—see definition of international pipeline;
greenfields pipeline incentive means—
(a)a binding no-coverage determination; or
(b)a price regulation exemption;
greenfields pipeline project means a project for the construction of a pipeline that is to be—
(a)structurally separate from any existing pipeline (whether or not it is to traverse a route different from the route of an existing pipeline); or
(b)a major extension of an existing pipeline that is not a covered pipeline; or
(c)a major extension of a covered pipeline to which the access arrangement for the covered pipeline will not apply;
international pipeline means a pipeline for the haulage of gas from a source beyond the outer limits of Australia's adjacent areas (the foreign source) to Australia;
limited access arrangement means an access arrangement without provision for price or revenue regulation but (subject to any exclusion or modification made by regulation) dealing with all other matters for which the Code requires provision to be made in an access arrangement;
national gas objective—see section 13B;
pipeline means a pipeline (as defined in Part 1)—
(a)that is an international pipeline; or
(b)that is classified under this Law as a transmission pipeline or a distribution pipeline;
pipeline coverage criteria—see section 13C;
pipeline description for a pipeline means the description of the pipeline—
(a)as given in the application for a greenfields pipeline incentive for the pipeline; or
(b)if that description has been amended under Division 4—the description as amended;
price or revenue regulation means regulation of—
(a)the prices at which services are to be provided; or
(b)the revenue to be derived from the provision of services,
(but does not include the provision against price discrimination that is to be included in a limited access arrangement under section 13U);
price regulation exemption means an exemption under Division 3;
relevant Minister means—
(a)in relation to an international pipeline—the Commonwealth Minister;
(b)in relation to a pipeline (other than an international pipeline) classified as a transmission or a distribution pipeline—the Minister to whom responsibility is assigned under this Law for deciding whether the pipeline should be, or should cease to be, a covered pipeline;
services means services provided (or to be provided) by means of a pipeline.
An international pipeline is, for the purposes of this Law, a transmission pipeline.
Words and expressions used in the Code have, unless the contrary intention appears, the same respective meanings in this Part.

13B—National gas objective

The national gas objective is to promote efficient investment in, and efficient operation and use of, natural gas services for the long term interests of consumers of natural gas with respect to price, quality, safety, reliability and security of supply of natural gas.
The above legislative statement of the national gas objective is for the purposes (and only for the purposes) of this Part and no general intention to reform the objectives or purposes of this Law is to be inferred from it.

13C—Pipeline coverage criteria
For the purposes of this Part, the pipeline coverage criteria are as follows:
(a)that access (or increased access) to services to be provided by means of the pipeline would promote a material increase in competition in at least one market (whether or not in Australia), other than the market for services to be provided by means of the pipeline;
(b)that it would be uneconomic for anyone to develop another pipeline to provide the services to be provided by means of the pipeline;
(c)that access (or increased access) to the services to be provided by means of the pipeline could be provided without undue risk to human health or safety;
(d)that access (or increased access) to the services to be provided by means of the pipeline would not be contrary to the public interest.

Division 2—Binding no-coverage determinations
Subdivision 1—Application
13D—Application for binding no-coverage determinations for proposed pipelines

If a greenfields pipeline project is proposed, or has commenced, the service provider may, before the pipeline is commissioned, apply for a determination (a binding no‑coverage determination) exempting the pipeline from coverage.
If a price regulation exemption has been granted for an international pipeline, an application for a binding no-coverage determination for the pipeline may be made by the service provider—
(a)before the pipeline is commissioned; or
(b)after the pipeline is commissioned but before the term of the price regulation exemption comes to an end.
An application for a binding no-coverage determination is to be made to the NCC.
An application for a binding no-coverage determination must—
(a)include a description of the pipeline (the pipeline description); and
(b)specify whether the pipeline is—
(i)an international pipeline; or
(ii)a transmission pipeline (other than an international pipeline); or
(iii)a distribution pipeline; and
(c)contain any information, or be accompanied by any document, that is required by regulation.
The pipeline description—
(a)must contain the details required under the regulations; but
(b)need not describe, or include details of, excluded infrastructure.

13E—Notification of relevant Minister
When the NCC receives an application for a binding no-coverage determination, it must, without delay, notify the relevant Minister of receipt of the application.
Subdivision 2—Investigation and recommendation by NCC
13F—General principles governing NCC's recommendations on applications for binding no-coverage determinations

In framing a draft or final recommendation on an application for a binding no-coverage determination, the NCC—
(a)must give effect to the pipeline coverage criteria; and
(b)in deciding whether or not the pipeline coverage criteria are satisfied—
(i)must have regard to the national gas objective; and
(ii)must have regard to relevant submissions and comments made in response to an invitation under this Subdivision within the time allowed for submissions and comments.
The NCC gives effect to the pipeline coverage criteria as follows:
(a)if the NCC is satisfied that all the pipeline coverage criteria are satisfied in relation to the pipeline—the recommendation must be against making a binding no-coverage determination;
(b)if the NCC is not satisfied that all the pipeline coverage criteria are satisfied in relation to the pipeline—the recommendation must be in favour of making a binding no-coverage determination.

13G—Notice of application

The NCC must, within 14 days after receiving an application for a binding no-coverage determination, publish a notice on its website and in a newspaper circulating generally throughout Australia.
The notice must—
(a)notify receipt of the application; and
(b)include—
(i)a short description of the pipeline accompanied by a reference to a website at which the relevant pipeline description can be inspected; and
(ii)any further information required by regulation; and
(c)invite submissions and comments within 21 days from the date of the notice.
The NCC is not obliged to give notice of an application under this section if, within 14 days after receiving the application, the NCC rejects the application on the ground—
(a)that the applicant has failed to provide the information and materials required under this Part; or
(b)that the application is frivolous or vexatious.
A decision under subsection (3) to reject an application must—
(a)be in writing; and
(b)set out the reasons for the decision; and
(c)be given to the applicant without delay.

13H—Draft recommendation

The NCC must prepare a draft recommendation within 42 days after giving notice under section 13G(1).
The draft recommendation must—
(a)be in writing; and
(b)contain a short description of the pipeline accompanied by a reference to a website at which the relevant pipeline description can be inspected; and
(c)state the terms of the proposed recommendation and the reasons for it; and
(d)contain any other information that is required by regulation.

13I—Publication of draft recommendation and invitation to make submissions and comments

The NCC must, without delay—
(a)give copies of the draft recommendation to—
(i)the applicant; and
(ii)the AEMC; and
(iii)the relevant Regulator; and
(b)publish the draft recommendation on the NCC's website; and
(c)make the draft recommendation available for inspection during business hours at the offices of the NCC.
The NCC must publish, on its website and in a newspaper circulating throughout Australia, notice of the draft recommendation inviting written submissions and comments on the draft recommendation within 14 days after publication of the notice.

13J—Consideration of submissions and comments and making of final recommendation

The NCC must, within 28 days after the end of the period allowed for making submissions and comments on the draft recommendation, consider all submissions and comments made within the time allowed and make its final recommendation.
The final recommendation must—
(a)be in writing; and
(b)contain a short description of the pipeline accompanied by a reference to a website at which the relevant pipeline description can be inspected; and
(c)state the terms of the final recommendation and the reasons for it; and
(d)contain any other information that is required by regulation.
The NCC must, without delay—
(a)deliver the final recommendation to the relevant Minister; and
(b)give copies of the final recommendation to—
(i)the applicant; and
(ii)the AEMC; and
(iii)the relevant Regulator; and
(c)publish the final recommendation on the NCC's website; and
(d)make the final recommendation available for inspection during business hours at the offices of the NCC.

Subdivision 3—Ministerial determination of application
13K—Minister's decision on application

The relevant Minister must, within 42 days of receiving the NCC's recommendation, decide whether or not to make a binding no-coverage determination.
In deciding whether to make a binding no-coverage determination, the relevant Minister—
(a)must give effect to the pipeline coverage criteria; and
(b)in deciding whether or not the pipeline coverage criteria are satisfied in relation to the pipeline—
(i)must have regard to the national gas objective; and
(ii)must have regard to (but is not bound by) the NCC's recommendation; and
(iii)may take into account any relevant submissions and comments made to the NCC under Subdivision 2.
The relevant Minister gives effect to the pipeline coverage criteria as follows:
(a)if the Minister is satisfied that all the pipeline coverage criteria are satisfied in relation to the pipeline—the Minister must not make a binding no-coverage determination;
(b)if the Minister is not satisfied that all the pipeline coverage criteria are satisfied in relation to the pipeline—the Minister must make a binding no‑coverage determination.
A binding no-coverage determination, or a decision not to make a binding no‑coverage determination, must—
(a)be in writing; and
(b)contain a short description of the pipeline the subject of the determination, accompanied by a reference to a website at which the relevant pipeline description can be inspected; and
(c)set out the relevant Minister's reasons for the determination or decision.

13L—Effect of determination

A binding no-coverage determination takes effect when made and remains in force for a period of 15 years from the commissioning of the pipeline.
An application for coverage of a pipeline to which a binding no-coverage determination applies can only be made before the end of the period for which the determination remains in force if the coverage sought in the application is to commence from, or after, the end of that period.

13M—Consequences of Minister deciding against making binding no-coverage determination for international pipeline

If—
(a)the Commonwealth Minister decides against making a binding no-coverage determination for an international pipeline; and
(b)the applicant asks the Commonwealth Minister to treat the application as an application for a price regulation exemption,
the Commonwealth Minister may treat the application as an application for a price regulation exemption under Division 3.
If the Commonwealth Minister decides to treat an application for a binding no‑coverage determination as an application for a price regulation exemption, the Commonwealth Minister may—
(a)refer the application back to the NCC for a recommendation; or
(b)proceed to determine the application without a further recommendation from the NCC.

Division 3—Price regulation exemptions
Subdivision 1—Application for price regulation exemption
13N—Application for price regulation exemption

If a greenfields pipeline project for construction of an international pipeline is proposed, or has commenced, the service provider may, before the pipeline is commissioned, apply for a price regulation exemption for the pipeline.
The application is to be made to the NCC.
An application for a price regulation exemption must—
(a)include a description of the international pipeline (the pipeline description); and
(b)contain any information, or be accompanied by any document, that is required by regulation.
The pipeline description—
(a)must contain the details required under the regulations; but
(b)need not describe, or include details of, excluded infrastructure.

13O—Notification of Commonwealth Minister
When the NCC receives an application for a price regulation exemption, it must, without delay, notify the Commonwealth Minister of receipt of the application.
Subdivision 2—Investigation and recommendation by NCC
13P—General principle governing NCC's recommendation

In framing its recommendation on an application for a price regulation exemption, the NCC must weigh the benefits to the public of granting the exemption against the detriments to the public.
In doing so, the NCC—
(a)must have regard to the national gas objective with particular reference to—
(i)the implications of the exemption for relevant markets (including the effect on market power); and
(ii)other possible effects on the public interest; and
(b)may have regard to any other relevant matter.

13Q—Invitation of submissions and comments

The NCC must publish a notice on its website and in a newspaper circulating generally throughout Australia.
The notice must—
(a)notify receipt of the application; and
(b)include—
(i)a short description of the pipeline accompanied by a reference to a website at which the relevant pipeline description can be inspected; and
(ii)any further information required by regulation; and
(c)invite submissions and comments within a specified period from the the date of the notice.
The NCC is not obliged to give notice of an application under this section if the NCC rejects the application on the ground—
(a)that the applicant has failed to provide the information and materials required under this Part; or
(b)that the application is frivolous or vexatious.
A decision under subsection (3) to reject an application must—
(a)be in writing; and
(b)set out the reasons for the decision; and
(c)be given to the applicant without delay.

13R—NCC's duty to make recommendation within 42 days

The NCC must within 42 days after receipt of an application for a price regulation exemption make a recommendation to the Commonwealth Minister on the application.
As soon as practicable after delivering the recommendation to the Commonwealth Minister, the NCC must—
(a)give copies of the recommendation to—
(i)the applicant; and
(ii)the AEMC; and
(iii)the ACCC; and
(b)publish the recommendation on the NCC's website; and
(c)make the recommendation available for inspection during business hours at the offices of the NCC.

Subdivision 3—Making and effect of price regulation exemption
13S—Making of price regulation exemption

The Commonwealth Minister must, within 14 days after receiving the NCC's recommendation, decide whether or not to make a price regulation exemption.
In deciding whether to make a price regulation exemption, the Commonwealth Minister must weigh the benefits to the public of granting the exemption against the detriments to the public.
In doing so, the Commonwealth Minister—
(a)must have regard to the national gas objective with particular reference to—
(i)the implications of the exemption for relevant markets (including the effect on market power); and
(ii)other possible effects of the exemption on the public interest; and
(b)must have regard to (but is not bound by) the NCC's recommendation; and
(c)may take into account any relevant submissions and comments made to the NCC under Subdivision 2; and
(d)may have regard to any other relevant matter.
A price regulation exemption, or a decision not to make a price regulation exemption, must—
(a)be in writing; and
(b)include a short description of the pipeline the subject of the determination accompanied by a reference to a website at which the relevant pipeline description may be inspected; and
(c)set out the Commonwealth Minister's reasons for the decision to grant, or not to grant, the exemption.

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.
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 Gas Pipelines Access (South Australia) Act 1997 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.
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:
(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.
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.
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.
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.
10.9Schedule 1 to the Gas Pipelines Access Law contains miscellaneous provisions which relate to the interpretation of the Gas Pipelines Access Law and this Code.
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
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
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

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.
I N D E X

*Page No.*
GENERAL MAP (Identifies existing natural gas transmission pipelines and major centres of distribution.)
Queensland - Natural Gas Transmission Pipelines	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

Legislative history

Notes

•This version is comprised of the following:

Part 1 6.2.2003 (Reprint No 3)

Part 2 1.7.2003 (Reprint No 4)

Part 3 14.9.2006

Part 4 1.7.2003 (Reprint No 4)

Part 5 6.2.2003 (Reprint No 3)

Part 6 1.7.2003 (Reprint No 4)

Part 7 6.2.2003 (Reprint No 3)

Schedule 1 14.9.2006

Schedule 2 6.2.2003 (Reprint No 3)
•Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
•Earlier versions of this Act (historical versions) are listed at the end of the legislative history.
•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or of Act
The Gas Pipelines Access (South Australia) Act 1997 was repealed by s 20 of the National Gas (South Australia) Act 2008 on 1.7.2008.
Legislation amended by principal Act
The Gas Pipelines Access (South Australia) Act 1997 amended the following:
Gas Act 1997
Petroleum Act 1940
Principal Act and amendments

Year No Title Assent Commencement

1997 74 Gas Pipelines Access (South Australia) Act 1997 18.12.1997 30.7.1998 being the day on which the Gas Pipelines Access (Commonwealth) Act 1998 received the Royal Assent: Commonwealth of Australia Gazette No. GN 34, 26.8.1998 (Gazette 2.4.1998 p1606) and s 2

2000 74 Statutes Amendment (Federal Courts—State Jurisdiction) Act 2000 14.12.2000 Pt 5 (ss 31—34)—28.1.2001 (Gazette 25.1.2001 p301)

2001 23 Statutes Amendment (Corporations) Act 2001 14.6.2001 Pt 16 (s 76)—15.7.2001 being the day on which the Corporations Act 2001 of the Commonwealth came into operation: Commonwealth of Australia Gazette No. S 285, 13.7.2001 (Gazette 21.6.2001 p2270)

2002 22 Gas Pipelines Access (South Australia) (Reviews) Amendment Act 2002 31.10.2002 6.2.2003 (Gazette 6.2.2003 p490)

2003 9 Statutes Amendment (Gas and Electricity) Act 2003 12.6.2003 Pt 3 (ss 65—73)—1.7.2003 (Gazette 26.6.2003 p2812)

2006 4 Gas Pipelines Access (South Australia) (Greenfields Pipeline Incentives) Amendment Act 2006 22.6.2006 14.9.2006 (Gazette 7.9.2006 p3165)
Provisions amended
Entries that relate to provisions that have been deleted appear in italics.

Provision How varied Commencement

Long title amended under Legislation Revision and Publication Act 2002 6.2.2003

Pt 2

s 9

the Court amended by 74/2000 s 31 28.1.2001

District Court inserted by 9/2003 s 65(1) 1.7.2003

Essential Services Commission inserted by 9/2003 s 65(1) 1.7.2003

local appeals body substituted by 9/2003 s 65(2) 1.7.2003

local Regulator substituted by 9/2003 s 65(3) 1.7.2003

Pt 3

s 10

s 10(1) substituted by 4/2006 s 4 14.9.2006

Pt 4

Pt 4 Div 1

s 17 amended by 9/2003 s 66 1.7.2003

Pt 4 Div 2 deleted by 74/2000 s 32 28.1.2001

Pt 4 Div 3 deleted by 74/2000 s 32 28.1.2001

Pt 5

s 23

s 23(1) amended by 74/2000 s 33(a), (b) 28.1.2001

s 23(1a) inserted by 74/2000 s 33(c) 28.1.2001

Pt 6

s 29 deleted by 9/2003 s 67 1.7.2003

s 30

s 30(1) amended by 9/2003 s 68(1) 1.7.2003

s 30(2) amended by 9/2003 s 68(2) 1.7.2003

s 31 amended by 9/2003 s 69 1.7.2003

s 32 substituted by 9/2003 s 70 1.7.2003

ss 33—39 deleted by 9/2003 s 70 1.7.2003

s 40

s 40(1) amended by 9/2003 s 71(1) 1.7.2003

s 40(1a) inserted by 9/2003 s 71(2) 1.7.2003

s 41

s 41(1) amended by 9/2003 s 72 1.7.2003

ss 42 and 43 substituted by 9/2003 s 73 1.7.2003

ss 44—46 deleted by 9/2003 s 73 1.7.2003

Pt 7

Pt 7 Div 2

Pt 7 Div 2 Subdivs 3 and 4 omitted under Legislation Revision and Publication Act 2002 6.2.2003

Sch 1

Pt 1

s 2

civil penalty provision substituted by 4/2006 s 5(1) 14.9.2006

Federal Court deleted by 74/2000 s 34(a) 28.1.2001

Pt 3

s 11

s 11(2) amended by 22/2002 s 3(a) 6.2.2003

s 11(4) inserted by 22/2002 s 3(b) 6.2.2003

s 13

s 13(7)

associate substituted by 23/2001 s 76(a) 15.7.2001

Pt 3A inserted by 4/2006 s 5(2) 14.9.2006

Pt 4

s 16

s 16(2) amended by 23/2001 s 76(b) 15.7.2001

Pt 5

s 32

s 32(4) amended by 74/2000 s 34(b), (c) 28.1.2001

Pt 6

s 38

s 38(1) amended by 22/2002 s 4(a) 6.2.2003

s 38(2) substituted by 22/2002 s 4(b) 6.2.2003

s 38(6) amended by 22/2002 s 4(c) 6.2.2003

s 38(13) amended by 4/2006 s 5(3) 14.9.2006

s 39

s 39(1) substituted by 22/2002 s 5(a) 6.2.2003

s 39(1a) inserted by 22/2002 s 5(a) 6.2.2003

s 39(2) amended by 22/2002 s 5(b), (c) 6.2.2003

s 39(3) amended by 22/2002 s 5(d) 6.2.2003

s 39(5) amended by 22/2002 s 5(e) 6.2.2003

s 39(7) inserted by 22/2002 s 5(f) 6.2.2003

Pt 7

s 41

s 41(9)

prescribed duty amended by 22/2002 s 6 6.2.2003

App

cl 2 substituted by 4/2006 s 5(4) 14.9.2006

Transitional etc provisions associated with Act or amendments

Statutes Amendment (Gas and Electricity) Act 2003

77—Provisions relating to SAIPAR and ESC under Gas Pipelines Access (South Australia) Act

The Essential Services Commission may continue and complete any process commenced by the South Australian Independent Pricing and Access Regulator under the Gas Pipelines Access (South Australia) Act 1997 but not completed before the commencement of this section.
A reference to the South Australian Independent Pricing and Access Regulator in an instrument or document that has been made or issued under, or relates to, the Gas Pipelines Access (South Australia) Act 1997 is (where the context permits) to be read as a reference to the Essential Services Commission.

78—Acts Interpretation Act
The Acts Interpretation Act 1915 applies, except to the extent of any inconsistency with the provisions of this Part, to the amendments effected by this Act.

Historical versions

Reprint No 1—28.1.2001

Reprint No 2—15.7.2001

Reprint No 3—6.2.2003

Reprint No 4—1.7.2003

Part 1	6.2.2003 (Reprint No 3)
Part 2	1.7.2003 (Reprint No 4)
Part 3	14.9.2006
Part 4	1.7.2003 (Reprint No 4)
Part 5	6.2.2003 (Reprint No 3)
Part 6	1.7.2003 (Reprint No 4)
Part 7	6.2.2003 (Reprint No 3)
Schedule 1	14.9.2006
Schedule 2	6.2.2003 (Reprint No 3)

Year	No	Title	Assent	Commencement
1997	74	Gas Pipelines Access (South Australia) Act 1997	18.12.1997	30.7.1998 being the day on which the Gas Pipelines Access (Commonwealth) Act 1998 received the Royal Assent: Commonwealth of Australia Gazette No. GN 34, 26.8.1998 (Gazette 2.4.1998 p1606) and s 2
2000	74	Statutes Amendment (Federal Courts—State Jurisdiction) Act 2000	14.12.2000	Pt 5 (ss 31—34)—28.1.2001 (Gazette 25.1.2001 p301)
2001	23	Statutes Amendment (Corporations) Act 2001	14.6.2001	Pt 16 (s 76)—15.7.2001 being the day on which the Corporations Act 2001 of the Commonwealth came into operation: Commonwealth of Australia Gazette No. S 285, 13.7.2001 (Gazette 21.6.2001 p2270)
2002	22	Gas Pipelines Access (South Australia) (Reviews) Amendment Act 2002	31.10.2002	6.2.2003 (Gazette 6.2.2003 p490)
2003	9	Statutes Amendment (Gas and Electricity) Act 2003	12.6.2003	Pt 3 (ss 65—73)—1.7.2003 (Gazette 26.6.2003 p2812)
2006	4	Gas Pipelines Access (South Australia) (Greenfields Pipeline Incentives) Amendment Act 2006	22.6.2006	14.9.2006 (Gazette 7.9.2006 p3165)

Provision	How varied	Commencement
Long title	amended under Legislation Revision and Publication Act 2002	6.2.2003
Pt 2
s 9
the Court	amended by 74/2000 s 31	28.1.2001
District Court	inserted by 9/2003 s 65(1)	1.7.2003
Essential Services Commission	inserted by 9/2003 s 65(1)	1.7.2003
local appeals body	substituted by 9/2003 s 65(2)	1.7.2003
local Regulator	substituted by 9/2003 s 65(3)	1.7.2003
Pt 3
s 10
s 10(1)	substituted by 4/2006 s 4	14.9.2006
Pt 4
Pt 4 Div 1
s 17	amended by 9/2003 s 66	1.7.2003
Pt 4 Div 2	deleted by 74/2000 s 32	28.1.2001
Pt 4 Div 3	deleted by 74/2000 s 32	28.1.2001
Pt 5
s 23
s 23(1)	amended by 74/2000 s 33(a), (b)	28.1.2001
s 23(1a)	inserted by 74/2000 s 33(c)	28.1.2001
Pt 6
s 29	deleted by 9/2003 s 67	1.7.2003
s 30
s 30(1)	amended by 9/2003 s 68(1)	1.7.2003
s 30(2)	amended by 9/2003 s 68(2)	1.7.2003
s 31	amended by 9/2003 s 69	1.7.2003
s 32	substituted by 9/2003 s 70	1.7.2003
ss 33—39	deleted by 9/2003 s 70	1.7.2003
s 40
s 40(1)	amended by 9/2003 s 71(1)	1.7.2003
s 40(1a)	inserted by 9/2003 s 71(2)	1.7.2003
s 41
s 41(1)	amended by 9/2003 s 72	1.7.2003
ss 42 and 43	substituted by 9/2003 s 73	1.7.2003
ss 44—46	deleted by 9/2003 s 73	1.7.2003
Pt 7
Pt 7 Div 2
Pt 7 Div 2 Subdivs 3 and 4	omitted under Legislation Revision and Publication Act 2002	6.2.2003
Sch 1
Pt 1
s 2
civil penalty provision	substituted by 4/2006 s 5(1)	14.9.2006
Federal Court	deleted by 74/2000 s 34(a)	28.1.2001
Pt 3
s 11
s 11(2)	amended by 22/2002 s 3(a)	6.2.2003
s 11(4)	inserted by 22/2002 s 3(b)	6.2.2003
s 13
s 13(7)
associate	substituted by 23/2001 s 76(a)	15.7.2001
Pt 3A	inserted by 4/2006 s 5(2)	14.9.2006
Pt 4
s 16
s 16(2)	amended by 23/2001 s 76(b)	15.7.2001
Pt 5
s 32
s 32(4)	amended by 74/2000 s 34(b), (c)	28.1.2001
Pt 6
s 38
s 38(1)	amended by 22/2002 s 4(a)	6.2.2003
s 38(2)	substituted by 22/2002 s 4(b)	6.2.2003
s 38(6)	amended by 22/2002 s 4(c)	6.2.2003
s 38(13)	amended by 4/2006 s 5(3)	14.9.2006
s 39
s 39(1)	substituted by 22/2002 s 5(a)	6.2.2003
s 39(1a)	inserted by 22/2002 s 5(a)	6.2.2003
s 39(2)	amended by 22/2002 s 5(b), (c)	6.2.2003
s 39(3)	amended by 22/2002 s 5(d)	6.2.2003
s 39(5)	amended by 22/2002 s 5(e)	6.2.2003
s 39(7)	inserted by 22/2002 s 5(f)	6.2.2003
Pt 7
s 41
s 41(9)
prescribed duty	amended by 22/2002 s 6	6.2.2003
App
cl 2	substituted by 4/2006 s 5(4)	14.9.2006