Gas Services Information Amendment Regulations (No. 3) 2015 (WA)

4638 GOVERNMENT GAZETTE, WA 13 November 2015

EN302*

Gas Services Information Act 2012

Gas Services Information Amendment

Regulations (No. 3) 2015

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Gas Services Information Amendment
Regulations (No. 3) 2015.

2.            Commencement

These regulations come into operation as follows —

(a)	regulations 1 and 2 — on the day on which these regulations are published in the Gazette (gazettal day);
(b)	regulations 4 and 6— on the day after gazettal day;
(c)	the rest of the regulations — at 8.00 am on 30 November 2015.

3.            Regulations amended

These regulations amend the Gas Services Information
Regulations 2012.

4.           Regulation 3 amended

(1) In regulation 3(1) insert in alphabetical order:

amend means replace, in whole or in part, add to or vary, and the doing of any 2 or more of such things simultaneously or by the same instrument;

AEMO —

(2)	In regulation 3(1) in the definition ofAEMO after "Operator" insert:
Limited

5.            Regulation 4 amended

(1) In regulation 4(1) delete "IMO —" and insert:

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(2) In regulation 4(2) delete "IMO" and insert:

AEMO

Note: The heading to amended regulation 4 is to read:

Functions of operator - AEMO

6.	Regulation 7 amended After regulation 7(4) insert:
(5) Despite anything in this regulation or the GSI rules, the Minister may make amending rules during the period beginning on the day on which the Gas Services Information Amendment Regulations (No. 3)2015 regulation 6 comes into operation and ending on 1 July 2017.

7.           Regulation 8 amended

In regulation 8(1) after "operator," insert:

the IMO,

8.            Regulation 11 amended

(1)	Delete regulation 11(1) and insert:
(1) The operator is responsible for the development, in

accordance with the GSI rules, of amendments of and replacements for the GSI procedures, to the extent to which the procedures relate to its functions.

(2)	After regulation 11(2) insert:
(3) The IMO is responsible for the development, in accordance with the GSI rules, of amendments of and replacements for the GSI procedures, to the extent to which the procedures relate to its functions, and the GSI rules.

9.            Regulation 13 amended

(1) After regulation 13(1) insert:

(2A) The IMO may, for the purposes of the performance of

its function, request a gas market participant to give
specified information to the IMO.

4640 GOVERNMENT GAZETTE, WA 13 November 2015

(2) After regulation 13(3) insert:

(4)	Subregulation (5) has effect in relation to a request, in effect immediately before the time at which the Gas Services Information Amendment Regulations (No. 3) 2015 regulation 9(2) comes into operation (commencement time), that was made by the IMO for the purposes of the performance of a function under these regulations or the GSI rules that, at commencement time, becomes a function of the AEMO.
(5)	The request becomes, at commencement time, a request made by the AEMO (as the operator) and has effect after commencement time according to its terms.

Note: The heading to amended regulation 13 is to read:

Operator and IMO may request information

10.          Regulation 38A inserted

At the beginning of Part 7 insert:

38A.	References to operator to include IMO
In this Part, a reference to the operator includes a reference to the IMO.

11. Regulation 46 amended
In regulation 46(6):

(a)	delete "operator" (0 occurrence) and insert:
IMO
(b)	delete "operator," and insert:

IMO,

(c) after "operator" (3 d occurrence) insert: or the IMO

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12.          Regulation 48A inserted

After regulation 47 insert:

48A. Provision of information and advice to Minister:
operator's functions

(1) The Minister may request the operator to -

(a)	provide information about the performance of its functions; or
(b)	provide advice, including advice in the nature of feasibility studies and consultancy services.

(2) The operator must comply with a request.

(3) Protected information provided in response to a request

under subregulation (1) must be identified as such by the operator at the time of providing the information.

(4) The costs of the operator in complying with a request under subregulation (1)(a) are not recoverable by way of fees and charges to be paid by registered gas market participants under the GSI rules.

13.          Various references to "IMO" inserted

In the provisions listed in the Table after "operator" (each occurrence) insert:

or the IMO

r. 3(2) r. 8(2)(c), (d)(i), (e) and (I)

r. 12(1)and(2)	r.30(5)
r. 49(1)(b)

14.          Various references to "operator" amended

In the provisions listed in the Table:

(a) delete "operator" (each occurrence) and insert:

IMO

(b) delete "operator's" (each occurrence) and insert:

IMO's

4642 GOVERNMENT GAZETTE, WA 13 November 2015

Table

r. 3(1) def. of warning	r. 8(2)(j)
notice
r. 9(1) and (2)	r. 14 def. of civil penalty
r. 16(1) to (8)	r. 17(1), (2) and (4)
r. 18(1) and (3)	r. 19(1)
r.22	r.23(1)
r.24	r.43(1)
r. 44(1) and (2)	r.45
r. 46(1) def. of information.	r. 47(1), (2), (4) and (5)
(2), (3) and (5)

Note: The heading to amended regulation 16 is to read:

Contravention of category A civil penalty provision: IMO may demand civil penalty

Note: The heading to amended regulation 22 is to read:

Application of civil penalties received by IMO

Note: The heading to amended regulation 23 is to read:

IMO to inform certain persons of decisions not to take action

N. HAGLEY, Clerk of the Executive Council.