National Gas Access (WA) Act 2009 (WA)
Western Australia
Western Australia
Western Australia
National Gas Access (WA) Act 2009The Parliament of Western Australia enacts as follows:
• This is the
National Gas Access (WA) Act 2009 .
This Act comes into operation as follows —
(a) sections 1 and 2 — on the day on which this Act receives the Royal Assent;
(b) the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.
(1) In this Act —
(2) Words and expressions used in the National Gas Access (Western Australia) Law (whether or not defined in section 9(1)) and in this Act have the same respective meanings in this Act as they have in that Law.
(3) This section does not apply to the extent that the context or subject matter otherwise indicates or requires.
This Act, the National Gas Access (Western Australia) Law and the National Gas Access (Western Australia) Regulations bind the Crown in right of the State and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
(1) This Act, the National Gas Access (Western Australia) Law and the National Gas Access (Western Australia) Regulations apply in the coastal waters of this State as if the coastal waters were within the limits of the State.
(2) In this section —
It is the intention of the Parliament that this Act, the National Gas Access (Western Australia) Law and the National Gas Access (Western Australia) Regulations should, so far as possible, operate to the full extent of the extra‑territorial legislative power of the State.
(1) The National Gas Access (Western Australia) Law and the National Gas Access (Western Australia) Regulations apply to a pipeline for hauling gas other than natural gas if the pipeline constitutes or is part of a system for which a licence is in force under Part 2A of the
Energy Coordination Act 1994 .(2) Subsection (1) has effect —
(a) despite the provisions of the National Gas Access (Western Australia) Law and the National Gas Access (Western Australia) Regulations; and
(b) as if, for the purposes of that subsection, a reference in that Law and those Regulations to natural gas were amended to include a reference to gas other than natural gas.
(3) In this section —
(a) are in a gaseous state at standard temperature and pressure; and
(b) consist of —
(i) naturally occurring hydrocarbons; or
(ii) a naturally occurring or manufactured mixture of hydrocarbons and non‑hydrocarbons, the principal constituent of which is propane, propene, butanes, butenes or a mixture of all or any of those substances or kinds of substances.
(1) The
Interpretation Act 1984 does not apply to the National Gas Access (Western Australia) Law, to regulations under Part 3, or to Rules under the National Gas Access (Western Australia) Law.(2) Despite subsection (1), section 25 of the
Interpretation Act 1984 applies to the making of regulations under Part 3.
(1) The Western Australian National Gas Access Law text —
(a) applies as a law of Western Australia; and
(b) as so applying may be referred to as the National Gas Access (Western Australia) Law.
(2) In subsection (1) —
(1) This section applies if, after the day on which the South Australian Act receives the Royal Assent, the Parliament of South Australia enacts a provision to make an amendment to the Schedule to the South Australian Act as in force from time to time (an
SA Schedule amendment ).(2) The Minister may by order declare that an SA Schedule amendment is relevant to the Western Australian National Gas Access Law text.
(3) If the Minister has not declared that an SA Schedule amendment is relevant, the Western Australian National Gas Access Law text remains as if the amendment had not been made.
(4) If the Minister has declared that an SA Schedule amendment is relevant, the Western Australian National Gas Access Law text remains, until the beginning of the day fixed by subsection (5), as if the amendment had not been made.
(5) The day fixed is the day on which the order is published in the
Government Gazette unless a later day is specified in the order, in which case it is the day specified.(6) Subsection (4) does not give an SA Schedule amendment any earlier effect in this State than it has in South Australia.
The Governor may make regulations under this section amending Schedule 1 as is necessary or expedient to deal with consequences of —
(a) an SA Schedule amendment; or
(b) giving effect to section 7A(3) or (4).
The regulations in force for the time being under Part 3 —
(a) apply as regulations in force for the purposes of the National Gas Access (Western Australia) Law; and
(b) as so applying may be referred to as the National Gas Access (Western Australia) Regulations.
(1) In the National Gas Access (Western Australia) Law and the National Gas Access (Western Australia) Regulations —
(a) in relation to an ERA pipeline, the WA arbitrator;
(b) in relation to any other pipeline, the Australian Energy Regulator established by section 44AE of the
Trade Practices Act 1974 of the Commonwealth;
(a) an international pipeline; or
(b) any other pipeline for which section 2 of the National Gas Access (Western Australia) Law defines the “relevant Minister” to mean a person other than the Minister responsible for the administration of this Act;
(a) in relation to an ERA pipeline, the ERA;
(b) in relation to any other pipeline, the Australian Energy Regulator established by section 44AE of the
Trade Practices Act 1974 of the Commonwealth;
(2) A pipeline that is an offshore Western Australian pipeline as defined in section 3(1) of the
Australian Energy Market Act 2004 of the Commonwealth is to be regarded as being situated wholly within Western Australia for the purpose of determining who is the relevant Minister under the National Gas Access (Western Australia) Law.(3) The
Acts Interpretation Act 1915 , and other Acts, of South Australia do not apply to the National Gas Law as set out in the Schedule to the South Australian Act in its application, with modifications, as a law of Western Australia.
(1) The Governor, acting with the advice and consent of the Executive Council, may make regulations contemplated by, or necessary or expedient for giving effect to, the National Gas Access (Western Australia) Law.
(2) Without limiting subsection (1), the regulations may prescribe fees in respect of any matter under the National Gas Access (Western Australia) Law, and provide for the waiver or refund of such fees.
(3) Regulations under this Part may —
(a) be of general or limited application;
(b) vary according to the persons, times, places or circumstances to which they are expressed to apply;
(c) in relation to fees, prescribe differential fees or provide for fees to be determined according to prescribed factors.
(4) Once the Governor has made a regulation prescribing 1 or more pipelines to be designated pipelines for the purposes of the definition of
designated pipeline in section 2 of the National Gas Access (Western Australia) Law, the Governor cannot make another regulation that prescribes any other pipeline to be a designated pipeline.(5) Regulations under this Part may be made only on the unanimous recommendation of the Ministers of the participating jurisdictions.
(6) Regulations under this Part have to be published in the
Government Gazette .
(1) Without limiting the generality of section 10, the regulations may deal with matters of a transitional nature relating to the transition from the application of provisions of the Gas Pipelines Access Law to the application of provisions of the National Gas Access (Western Australia) Law.
(2) Any provision of the regulations that deals with a matter of a transitional nature under subsection (1) may be expressed to take effect from a time that is earlier than the beginning of the day on which the regulations containing the provision are made, not being a time earlier than the commencement of this section.
(3) If a provision of the regulations is expressed to take effect from a time that is earlier than the beginning of the day on which the regulations containing the provision are published in the
Government Gazette , the provision must also provide that the provision does not operate so as —(a) to prejudicially affect the rights of a person (other than the rights of a Minister of a participating jurisdiction or an entity involved in the administration of the Gas Pipelines Access Law or the National Gas Access (Western Australia) Law) existing before the day of publication of those regulations; or
(b) to impose liabilities on any person (other than liabilities imposed on a Minister of a participating jurisdiction or an entity involved in the administration of the Gas Pipelines Access Law or the National Gas Access (Western Australia) Law) in respect of anything done or omitted to be done before the day of publication of those regulations.
(4) In this section —
(1) The Commonwealth Minister and the Commonwealth bodies 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 national gas legislation of another participating jurisdiction.
(2) In subsection (1) —
(a) the AER;
(b) the NCC;
(c) the Tribunal.
The Minister of another participating jurisdiction has 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 the Minister by the national gas legislation of another participating jurisdiction.
If the national gas legislation of another participating jurisdiction confers a function or power on the Minister or another agency or instrumentality of this State constituted by a law of this State, the Minister or the other agency or instrumentality —
(a) may perform that function or exercise that power; and
(b) may do all things necessary or expedient to be done in connection with the performance or exercise of that function or power.
(1) Any duty or other tax imposed by or under a law of this State is not payable in relation to —
(a) an exempt matter; or
(b) anything done (including, for example, a transaction entered into or an instrument or document made, executed, lodged or given) because of, or arising out of, an exempt matter.
(2) In this section —
(a) that is made for the purpose of ensuring that a person does not carry on a business of producing, purchasing or selling natural gas or processable gas in breach of any ring fencing requirements of any national gas legislation or for the purpose of the separation of certain businesses or business activities from other businesses or business activities of a person as required by an AER ring fencing determination; and
(b) that the Minister and the Treasurer declare from time to time, by order notice of which is published in the
Government Gazette , to be an exempt matter for the purposes of this section.
(1) If a pipeline is a cross boundary pipeline, any action taken under the national gas legislation of a participating jurisdiction in whose jurisdictional area a part of the pipeline is situated —
(a) by, or in relation to, a relevant Minister; or
(b) by the Court within the meaning that term has in that legislation in relation to action taken by, or in relation to, a relevant Minister,
is taken also to be taken under the national gas legislation of each participating jurisdiction in whose jurisdictional area a part of the pipeline is situated (
(c) by, or in relation to, a relevant Minister within the meaning that term has in that other legislation; or
(d) by the Court within the meaning that term has in that other legislation,
as the case requires.
(2) Despite subsection (1), no proceeding for judicial review or for a declaration, injunction, writ, order or remedy may be brought before the Court to challenge or question any action, or purported action, of a relevant Minister taken, or purportedly taken, in relation to a cross boundary distribution pipeline unless this jurisdiction has been determined to be the participating jurisdiction with which the cross boundary distribution pipeline is most closely connected.
(3) A reference in this section —
(a) to an action that is taken includes a reference to —
(i) a decision or determination that is made; or
(ii) an omission that is made;
(b) to a purported action that is purportedly taken includes a reference to a purported decision or determination that is purportedly made.
(4) In this section —
(a) a cross boundary transmission pipeline; or
(b) a cross boundary distribution pipeline.
(1) Clause 2 of Schedule 2 to the National Gas Access (Western Australia) Law has effect in relation to the operation of any provision of this Act, or any regulation forming part of the National Gas Access (Western Australia) Regulations, as if the provision or regulation formed part of the National Gas Access (Western Australia) Law.
(2) Subsection (1) does not limit the effect that a provision or regulation would validly have apart from the subsection.
In performing its functions under this Act the ERA is to make appropriate use of the expertise of the Director of Energy Safety under the
(1) The national provisions do not affect the continuance or operation of an exempt contract.
(2) Despite the repeal of the
Gas Pipelines Access (Western Australia) Act 1998 section 96, that section continues to apply to a contract other than an exempt contract as if the references in section 96(1) and (2)(b) to “the Code” were references to the relevant national provisions.(3) In this section —
(a) means a contract in respect of which a declaration under the
Gas Corporation Act 1994 Schedule 5 clause 6 was in force immediately before the coming into operation of theDampier to Bunbury Pipeline Act 1997 Schedule 4 clause 17(4); and(b) includes a contract entered into —
(i) in substitution for a contract referred to in paragraph (a) or any provision of such a contract; or
(ii) by way of amendment of a contract referred to in paragraph (a) or subparagraph (i);
(1) This section applies to the pipeline to which licence PL27, granted under the
Petroleum Pipelines Act 1969 , applies.(2) A service provider has a period of 6 months after the day on which section 30 comes into operation (the
transitional period ) within which to —(a) submit to the ERA an access arrangement; or
(b) apply for a determination that the pipeline be no longer a covered pipeline; or
(c) apply under section 112 of the National Gas Access (Western Australia) Law for a light regulation determination.
(3) Despite section 111(b) of the National Gas Access (Western Australia) Law, an application may be made in accordance with subsection (2)(c), even though there is no applicable access arrangement for the pipeline, and Chapter 3 Part 2 Division 1 Subdivision 1 of that Law applies to the application.
(1) Without limiting the power to make regulations under Part 3, the Governor acting with the advice and consent of the Executive Council may make other regulations contemplated by, or necessary or expedient for giving effect to, this Act.
(2) Regulations under subsection (1) may make provision for and in relation to the imposition and payment of fees and charges in connection with the performance of functions the arbitrator has under this Act, to the extent that the costs connected with performing those functions are not covered by fees under the National Gas Access (Western Australia) Regulations.
(3) If it is inappropriate to prescribe a set fee or charge in connection with the performance of a particular function the regulations may provide for the method of calculating the fee or charge, including calculation according to the cost of performing that function.
(4) Despite the National Gas Access (Western Australia) Law or Rules made under that Law, regulations under subsection (1) may make provision for further matters to affect the setting of a reference tariff for a reference service provided by means of a distribution pipeline to the extent that the service is used for the supply of natural gas to an end user prescribed by the regulations to be a small use customer for the purposes of this subsection.
(5) Regulations under subsection (1) may prescribe a period ending not later than 31 December 2031 as a period during which the fixed principle referred to in clause 7.13(a)(ii) of the Revised Access Arrangement for the Dampier to Bunbury Natural Gas Pipeline dated 21 November 2006 applies despite anything in the National Gas Access (Western Australia) Law or Rules made under that Law, and during a period prescribed the fixed principle applies accordingly.
(1) The Minister is to cause a person, other than an officer of a department or body for which the Minister is responsible, to carry out a review of the operation and effectiveness of this Act as soon as is practicable after the review day described in subsection (2) and, in the course of that review, consideration is to be given, and regard is to be had, to —
(a) the effectiveness of the operations of the ERA and the WA arbitrator; and
(b) the need for the continuation of section 21(4) and (5); and
(c) any other matters that appear to the Minister to be relevant to the operation and effectiveness of this Act.
(2) The review day is 1 July 2013 unless, before that day a licence is granted under the
Petroleum Pipelines Act 1969 for a pipeline that is to be partly in the jurisdictional area of this State and partly in the jurisdictional area of the Northern Territory or South Australia, in which case the review day is the day on which the licence is granted.(3) The person carrying out the review is to prepare and give to the Minister a report based on the review within sufficient time to enable the Minister to comply with subsection (4).
(4) The Minister is to prepare a response to the report and, as soon as is practicable after the response is prepared, and in any event not more than 12 months after the review day described in subsection (2), cause the report and the response to be laid before each House of Parliament.
This Division amends the
Delete the long title and insert:
Delete the preamble.
In section 1 delete “
Delete sections 2 to 4.
In section 5 delete “bind” and all of the section before it and insert:
This Act binds
Delete sections 6 to 8.
Delete Parts 2 to 5.
Delete the heading to Part 6 and insert:
Delete Part 6 Division 1.
Delete the heading to Part 6 Division 2 and insert:
In section 49 in the definition of
Western Australian Electricity Review Board
Delete the heading to Part 6 Division 2 Subdivision 2 and insert:
(1) In section 50(1) delete “Western Australian Gas Review Board” and insert:
Western Australian Electricity Review Board
(2) After section 50(1) insert:
(2A) The Board has functions under the
Electricity Industry Act 2004 .
In section 57(1) delete “the Gas Pipelines Access (Western Australia) Law and”.
In section 59(4) delete “Subject to the Gas Pipelines Access (Western Australia) Law, a party” and insert:
A party
In section 61 in the definition of
Energy
In the heading to Part 6 Division 3 Subdivision 2 delete “
In section 62(1) delete “Gas” and insert:
Energy
In section 73(1):
(a) delete paragraphs (a) and (c) and insert:
(a) by or under the
National Gas Access (WA) Act 2009 ; or(b) by or under the
Electricity Industry Act 2004 ; or(b) after paragraph (d) delete “and” and insert:
or
After section 74(2) insert:
(3) Regulations referred to in subsection (1) may make provision for and in relation to the imposition and payment of fees and charges in connection with the performance of functions the arbitrator has under those regulations.
(4) If it is inappropriate to prescribe a set fee or charge in connection with the performance of a particular function the regulations may provide for the method of calculating the fee or charge, including calculation according to the cost of performing that function.
In section 76:
(a) delete “under the Code” and insert:
in performing functions referred to in section 73(1)
(b) delete “local Regulator as defined in section 11.” and insert:
Economic Regulation Authority established by the
In section 77 delete “provided for by the Gas Pipelines Access (Western Australia) Law and the regulations” and insert:
involved in performing the arbitrator’s functions
In section 81 delete “under this Act”.
(1) In section 82(2) after “called” insert:
the “Western Australian Energy Disputes Arbitrator Account”, and it is to be a continuation of the account formerly called
(2) Delete section 82(3)(a)(ii) and insert:
(ii) fees and charges payable to the arbitrator or the Board in connection with the performance of the functions of the arbitrator or the Board;
Delete section 87.
Delete section 88.
Delete Parts 7 and 8.
Delete Schedule 1 and its Appendix and Schedules 2 and 3.
This Division amends the
In section 25:
(a) delete paragraph (c) and insert:
(c) the functions it is given by or under the
National Gas Access (WA) Act 2009 ; and(b) after each of paragraphs (a), (b) and (d) insert:
and
(1) In section 28(3)(b) delete “referred to in section 36(1) of the
Gas Pipelines Access (Western Australia) Act 1998 or” and insert:given by or under the
National Gas Access (WA) Act 2009 or referred to in(2) In section 28(5)(b) delete “
Gas Pipelines Access (Western Australia) Act 1998 , must send a copy of the direction to the Code Registrar within the meaning of that Act.” and insert:National Gas Access (WA) Act 2009 , must send a copy of the direction to the Australian Energy Market Commission established by section 5 of theAustralian Energy Market Commission Establishment Act 2004 of South Australia.
In section 32(1) delete “Gas Pipelines Access (Western Australia) Law” and insert:
National Gas Access (Western Australia) Law
This Division amends the
In section 3:
(a) in the definition of
arbitrator delete “Gas Pipelines Access (Western Australia) Act 1998 ” and insert:
(b) in the definition of
Board delete “Gas Pipelines Access (Western Australia) Act 1998 ” and insert:
Delete section 113.
(1) Delete section 125(2)(b) and insert:
(b) make other provisions that it is necessary or convenient to make,
(2) After section 125(2) insert:
(3A) Regulations that, immediately before the day on which the
National Gas Access (WA) Act 2009 section 59(1) comes into operation, apply provisions of theGas Pipelines Access (Western Australia) Act 1998 continue to have the effect they had immediately before that day until the contrary intention appears from a regulation made after that day.
(1) In section 130(1) in the definition of
gas pipelines access provisions delete “Schedule 1.” and insert:
Schedule 1 as in force immediately before the day on which the
(2) In section 130(8) delete “
Gas Pipelines Access (Western Australia) ” and insert:
(3) Delete section 130(9) and insert:
(9) For proceedings to which subsection (8) extends the provisions described in that subsection, sections 57(1) and 59(4) of those provisions apply only to the extent that it is consistent with the Code for them to apply.
In section 133(1) before “in connection with” insert:
in relation to the imposition and payment of fees and charges in connection with any matter under this Act, including
This Division amends the
Delete section 11J.
In section 11M(5) delete paragraph (a) and “or” after it and insert:
(a) the National Gas Access (Western Australia) Law; or
Delete section 11V(2) and insert:
(2) A licence does not have effect to the extent that it would be inconsistent with the National Gas Access (Western Australia) Law.
Delete section 11ZAC(4)(b) and insert:
(b) an access arrangement under the National Gas Access (Western Australia) Law.
In Schedule 1A in paragraph (a) delete “Gas Pipelines Access (Western Australia) Law;” and insert:
National Gas Access (Western Australia) Law;
(1) This section amends the
Constitution Acts Amendment Act 1899 .(2) In Schedule V Part 1 Division 1 in the item for the Western Australian Gas Disputes Arbitrator:
(a) delete “Gas Disputes” and insert:
Energy Disputes
(b) delete “
Gas Pipelines Access (Western Australia) ” and insert:
Energy Arbitration and Review
(1) This section amends the
Financial Management Act 2006 .(2) In Schedule 1 in the item “Western Australian Gas Disputes Arbitrator” delete “Gas” and insert:
Energy
(1) This section amends the
Freedom of Information Act 1992 .(2) Delete the Glossary clause 7A(1) and insert:
(1) In this clause —
(1) This section amends the
Parliamentary Commissioner Act 1971 .(2) In Schedule 1 in the item for the Economic Regulation Authority delete “referred to in section 36(1) of the
Gas Pipelines Access (Western Australia) Act 1998 and” and insert:given by or under the
National Gas Access (WA) Act 2009 or referred to in
(1) This section amends the
Petroleum Pipelines Act 1969 .(2) Delete section 5A.
[s. 7(2)]
(1) This Schedule makes the modifications to the underlying National Gas Law that, together with modifications giving effect to section 7A(3) and (4), result in the text that section 7(1) applies as the National Gas Access (Western Australia) Law.
(2) In subclause (1) —
In section 1 after “National Gas” insert —
Access
(1) In section 2 delete the definitions of
dispute resolution body ,initial National Gas Rules ,old access law andRegulations .(2) In section 2 insert in alphabetical order:
(a) the National Gas Rules that, when the
National Gas Access (WA) Act 2009 section 30 came into operation, applied under section 294; and(b) the
National Gas Access (Pipelines-Arbitration Amendment) Rules 2017 made by the Minister for Mineral Resources and Energy of South Australia under the National Gas (South Australia) Law section 294F (notice of which was published in theGovernment Gazette of South Australia on 1 August 2017 at p. 2994); and(c) the
National Gas (Binding Rate of Return Instrument) Amendment Rule 2019 made by the Minister for Energy and Mining of South Australia under the National Gas (South Australia) Law section 294CA (notice of which was published in theGovernment Gazette of South Australia on 7 February 2019 at p. 404);
(3) In section 2 in the definition of
AER after “Commonwealth” insert:
except if section 2A requires the term to be given a different meaning
(4) In section 2 in the definition of
Gas Code delete “in force from time to time before the commencement of section 20 of theNational Gas (South Australia) Act 2008 of South Australia;” and insert:
amended and applying from time to time before the commencement of section 30 of the
[(5) deleted]
After section 2 insert:
(1) In this Law, other than in the definition of
AER in section 2, a reference to the AER is to be read as a reference to the regulator (whether the ERA or the AER) except to the extent that subsection (2) gives a different meaning.(2) To the extent to which a reference to the AER is capable of being read as a reference to the Australian Energy Regulator established by section 44AE of the
Trade Practices Act 1974 of the Commonwealth acting as the disputes resolution body, the term is to be read as having or including that meaning.
In this Law, a reference to the
After Chapter 1 Part 1 insert:
To the extent that a provision of this Law relates to the Natural Gas Services Bulletin Board, the provision does not apply before a day is fixed by the Minister, by an order notice of which is published in the
In section 23A delete “Without limiting Part 3 of the
Without limiting the
In section 29 after “Commonwealth” insert:
or by the ERA under section 29 of the
(1) In section 30 delete “Section 44AAF” and insert:
(1) Section 44AAF
(2) At the end of section 30 insert:
(2) Without limiting section 2A, that section also applies to section 44AAF as adopted by subsection (1) and, when the adopted section is read as if a reference in it to the AER were a reference to the ERA, it is further modified as follows:
(a) delete subsection (3)(c) of the adopted section and insert:
(c) the Australian Energy Regulator established by section 44AE of the
Trade Practices Act 1974 of the Commonwealth;(b) delete subsection (6)(a)(i) of the adopted section and insert:
(i) an ERA member, a person assisting the ERA in the performance of its functions or a delegate of the ERA;
Delete section 30R.
(1) After section 42(2) insert:
(2A) When subsection (2)(c) is read as if a reference in it to the AER were a reference to the ERA, the subsection is to be read as if “a member of the staff assisting the AER who is an SES employee or an acting SES employee and” had been deleted and the following had been inserted instead:
a staff member as defined in the
(2) After section 42(11) insert:
(11A) When subsection (11) is read as if a reference in it to the AER were a reference to the ERA, the subsection is to be read as if “on behalf of the Commonwealth” had been deleted.
After Chapter 2 Part 1 insert:
(1) The WA arbitrator must, in performing or exercising a function or power that relates to an access determination, perform or exercise that function or power in a manner that will or is likely to contribute to the achievement of the national gas objective.
(2) In addition, the WA arbitrator —
(a) must take into account the revenue and pricing principles when making an access determination relating to a rate or charge for a pipeline service; and
(b) may take into account the revenue and pricing principles when performing or exercising any other function or power that relates to an access determination, if the WA arbitrator considers it appropriate to do so.
(3) For the purposes of subsection (2)(a), a reference to a reference service in the revenue and pricing principles must be read as a reference to a pipeline service.
After section 181 insert:
(1) If the dispute resolution body for a dispute notified under section 181(1) is the WA arbitrator —
(a) the WA arbitrator is to inform the ERA that notification of the dispute has been received; and
(b) the WA arbitrator may request the ERA to give the WA arbitrator any information in the ERA’s possession that is relevant to the dispute.
(2) The ERA is to give the WA arbitrator the information requested, whether or not it is confidential and whether or not it came into the ERA’s possession for the purposes of resolving the dispute.
(3) If the ERA gives the WA arbitrator information that is confidential, the ERA is to identify the nature and extent of the confidentiality and the WA arbitrator is to treat the information accordingly.
(1) After section 231(1) insert:
(1A) When subsection (1) is read as if a reference in it to the AER were a reference to the ERA, the subsection is to be read as if “on behalf of the Commonwealth” had been deleted.
(2) After section 231(3) insert:
(3A) When subsection (3) is read as if a reference in it to the AER were a reference to the ERA, the subsection is to be read as if “on behalf of the Commonwealth” had been deleted.
In section 240 delete “Commonwealth.” and insert:
State of Western Australia except if the order is made on an application by the AER on behalf of the Commonwealth, in which case it is payable to the Commonwealth.
In section 290 in the definition of
section 315
Delete section 294 and insert:
(1) The National Gas Rules that apply upon section 30 of the
National Gas Access (WA) Act 2009 coming into operation are as set out in the document called theNational Gas Rules 2008 , signed on 1 July 2008 by the Minister for Energy of South Australia, as affected, if applicable, by any amendments made by the AEMC under national gas legislation before the coming into operation of that section.(2) Subsection (1) does not prevent the AEMC from making Rules under this Chapter that amend or revoke the rules referred to in it.
(1) In section 294FC(1):
(a) delete “this section—” and insert:
the
(b) in paragraph (c) delete “of the enactment of the
Statutes Amendment (National Energy Laws) (Emissions Reduction Objectives) Act 2023 of South Australia.” and insert:
of —
(i) the enactment of the
(ii) the amendment of this Law by virtue of the
(2) In section 294FC(8) insert in alphabetical order:
(3) In section 294FC(8) in the definition of
amended objective delete “commencement of this section.” and insert:
coming into operation of the adopting clause;
In Schedule 1 item 82 delete “section 20 of the
section 30 of the
After Schedule 2 clause 27 insert:
Clause 27 applies to a conferral of power by this Law to the extent that the power derives from an amendment to the Schedule to the
(a) as if references in clause 27(2), (5) and (6) to the commencement of the empowering provision referred to the time when the Western Australian National Gas Access Law text, as defined in section 7(2) of the
National Gas Access (WA) Act 2009 , is affected by the amendment; and(b) as if the reference in clause 27(3) to additional power that would be conferred had an Act of South Australia commenced referred to additional power that would be conferred had the Western Australian National Gas Access Law text been already affected by the amendment; and
(c) as if clause 27(7) had been omitted.
(1) In Schedule 2 clause 34 delete “In any proceedings” and insert:
(1) In any proceedings
(2) At the end of Schedule 2 clause 34 insert:
(2) When subclause (1) is read as if a reference in it to the AER were a reference to the ERA, the subclause is to be read as if “an AER member, or an SES employee or acting SES employee assisting the AER as mentioned in section 44AAC of the
Trade Practices Act 1974 of the Commonwealth” had been deleted and the following had been inserted instead:
a member of the ERA
In Schedule 2 clause 47A(2) delete “1 July 2023.” and insert:
the day on which the
In Schedule 2 clause 47B(2) delete “1 July 2023.” and insert:
the day on which the
Delete Schedule 2 clause 50 and insert:
Section 555A(1) and (2) of
In Schedule 2 clause 51(3) delete the definition of
(1) In Schedule 3 clause 1 in the definition of
commencement day delete “section 20 of the new application Act” and insert:
section 30 of the
(2) In Schedule 3 clause 45(3)(b) delete “
Gas Pipelines Access (South Australia) Regulations 1999 were not revoked. ” and insert:Gas Pipelines Access (Western Australia) Regulations 2000 were not repealed.(2A) In Schedule 3 clause 90:
(a) delete “section 26 of the
Statutes Amendment (National Energy Laws) (Rules) Act 2018 ” and insert:
virtue of the
National Gas Access (WA) Adoption of Amendments Order 2020 clause 3 (theadopting clause )(b) in paragraph (a) delete “commencement of this clause; or” and insert:
coming into operation of the adopting clause; or
(c) in paragraph (b) delete “commencement of this clause,” and insert:
coming into operation of the adopting clause,
(3) In Schedule 3 clause 95 insert in alphabetical order:
(4) In Schedule 3 clause 96(1)(a) delete “commencement of this clause;” and insert:
commencement;
(5) In Schedule 3 clause 97(1) delete “commencement of this clause—” and insert:
commencement—
(6) In Schedule 3 clause 98(3) delete the definitions of
amended Law andcommencement and insert:
(6A) In Schedule 3 clause 99 delete the definition of
Amendment Act .(6B) In Schedule 3 clause 99 insert in alphabetical order:
(6C) In Schedule 3 clause 99 in the definition of
commencement day delete “section 33 of the Amendment Act” and insert:
the adopting clause
(6D) In Schedule 3 clause 100(1) delete “section 33 of the Amendment Act).” and insert:
virtue of the adopting clause).
(6E) In Schedule 3 clause 101(1) delete “section 33 of the Amendment Act” and insert:
virtue of the adopting clause
(6F) In Schedule 3 clause 102:
(a) in subclause (1) delete “section 33 of the Amendment Act” and insert:
virtue of the adopting clause
(b) in subclause (2) delete “section 33 of the Amendment Act).” and insert:
virtue of the adopting clause).
(6G) In Schedule 3 clause 103 delete “section 33 of the Amendment Act” and insert:
virtue of the adopting clause
(7) In Schedule 3 clause 133 delete the definition of
amending Act .(8) In Schedule 3 clause 133 insert in alphabetical order:
(9) In Schedule 3 clause 133 in the definition of
amended objective delete “commencement of this clause;” and insert:
coming into operation of the adopting clause;
(10) In Schedule 3 clause 134:
(a) in subclause (2) delete “Despite section 14 of the amending Act—” and insert:
Despite the coming into operation of the adopting clause —
(b) in subclause (2)(a) delete “that section” and insert:
the adopting clause
(c) in subclause (2)(a) delete “commencement of this clause; and” and insert:
coming into operation of the adopting clause; and
(d) in subclause (3)(a) delete “commencement of this clause” and insert:
coming into operation of the adopting clause
(11) In Schedule 3 clause 135(2) delete “commencement of this clause,” and insert:
coming into operation of the adopting clause,
(12) In Schedule 3 clause 136(1) and (2) delete “commencement of this clause,” and insert:
coming into operation of the adopting clause,
(13) In Schedule 3 clause 138(1) and (2) delete “commencement of this clause—” and insert:
coming into operation of the adopting clause —
This is a compilation of the
16 of 2009 | 1 Sep 2009 | s. 1 and 2: 1 Sep 2009 (see s. 2(a)); Act other than s. 1 and 2: 1 Jan 2010 (see s. 2(b) and | |
42 of 2010 | 28 Oct 2010 | 25 May 2011 (see s. 2(b) | |
r. 1 and 2: 22 Dec 2017 (see r. 2(a)); Regulations other than r. 1 and 2: 23 Dec 2017 (see r. 2(b) and | |||
r. 1 and 2: 5 Apr 2019 (see r. 2(a)); Regulations other than r. 1 and 2: 6 Apr 2019 (see r. 2(b) and | |||
r. 1 and 2: 9 Oct 2020 (see r. 2(a)); Regulations other than r. 1 and 2: 10 Oct 2020 (see r. 2(b) and SL 2020/195 cl. 2(b)) | |||
r. 1 and 2: 24 Jan 2024 (see r. 2(a)); Regulations other than r. 1 and 2: 25 Jan 2024 (see r. 2(b) and | |||
r. 1 and 2: 4 Sep 2024 (see r. 2(a)); Regulations other than r. 1 and 2: 5 Sep 2024 (see r. 2(b) and | |||
r. 1 and 2: 22 Jan 2025 (see r. 2(a)); Regulations other than r. 1 and 2: 23 Jan 2025 (see r. 2(b) and | |||
This law may be cited as the National Gas Access Law.
In this Law—
(a) by means of; or
(b) in connection with,
a scheme pipeline and includes a function or power performed or exercised by the AER under this Law or the Rules (other than making a rate of return instrument) that relates to—
(c) the preparation of a service provider performance report;
(d) a ring fencing decision;
(e) an applicable access arrangement decision;
(f) an access determination (if the AER is the dispute resolution body);
The application of a rate of return instrument under this Law is an AER economic regulatory function or power. See section 30Q(2).
(a) under the Rules; or
(b) by an access determination as provided by this Law or the Rules;
(a) a full access arrangement decision; or
(b) a limited access arrangement decision;
(a) a contract, arrangement or understanding between a service provider and an associate of the service provider in connection with the provision of an associate pipeline service; or
(b) a contract, arrangement or understanding between a service provider and any person in connection with the provision of an associate pipeline service—
(i) that provides a direct or indirect benefit to an associate; and
(ii) that is not at arm’s length;
(a) a person gives to the Bulletin Board operator to comply with section 223(1); or
(b) a person gives to the Bulletin Board operator in circumstances expressly permitted by the Rules;
(a) a pipeline in respect of which a tender approval decision becomes irrevocable by operation of the Rules;
(b) a pipeline—
(i) by means of which a service provider intends to provide pipeline services to which a full access arrangement voluntarily submitted to the AER for approval by that provider will apply, if approved; and
(ii) in respect of which the NCC has not previously made an initial classification decision;
(a) matters that go to the making of the designated regulatory decision; and
(b) decisions made by the AER for the purposes of the designated regulatory decision;
(a) to which a coverage determination applies; or
(b) deemed to be a covered pipeline by operation of section 126 or 127;
A light regulation determination cannot be made in respect of pipeline services provided by means of a designated pipeline: see sections 109 and 111.
See also sections 18 and 19.
(a) the requirements contained in an access arrangement that, in accordance with the Rules, specify—
(i) the circumstances when an extension to, or expansion of the capacity of, a covered pipeline is to be treated as forming part of the covered pipeline; and
(ii) whether the pipeline services provided or to be provided by means of, or in connection with, spare capacity arising out of an extension to, or expansion of the capacity of, a covered pipeline will be subject to the applicable access arrangement applying to the pipeline services to which that arrangement applies; and
(iii) whether an extension to, or expansion of the capacity of, a covered pipeline will affect a reference tariff, and if so, the effect on the reference tariff; and
(b) any other requirements specified by the Rules as extension and expansion requirements;
See also sections 18 and 19.
(a) a source beyond the outer limits of all of the following:
(i) the adjacent area of this jurisdiction;
(ii) the adjacent area of another participating jurisdiction; or
(b) a source within the joint petroleum development area (within the meaning of the
Petroleum (Timor Sea Treaty) Act 2003 of the Commonwealth);
(a) provides for price or revenue regulation as required by the Rules; and
(b) deals with all other matters for which the Rules require provision to be made in an access arrangement;
(a) approves or does not approve a full access arrangement or revisions to an applicable access arrangement submitted to the AER under section 132 or the Rules; or
(b) makes a full access arrangement—
(i) in place of a full access arrangement the AER does not approve in that decision; or
(ii) because a service provider does not submit a full access arrangement in accordance with section 132 or the Rules;
(c) makes revisions to an access arrangement—
(i) in place of revisions submitted to the AER under section 132 that the AER does not approve in that decision; or
(ii) because a service provider does not submit revisions to the AER under section 132;
(a) a 15‑year no‑coverage determination; or
(b) a price regulation exemption;
(a) the National Gas Rules that, when the
National Gas Access (WA) Act 2009 section 30 came into operation, applied under section 294; and(b) the
National Gas Access (Pipelines-Arbitration Amendment) Rules 2017 made by the Minister for Mineral Resources and Energy of South Australia under the National Gas (South Australia) Law section 294F (notice of which was published in theGovernment Gazette of South Australia on 1 August 2017 at p. 2994); and(c) the
National Gas (Binding Rate of Return Instrument) Amendment Rule 2019 made by the Minister for Energy and Mining of South Australia under the National Gas (South Australia) Law section 294CA (notice of which was published in theGovernment Gazette of South Australia on 7 February 2019 at p. 404);
(a) a limited access arrangement submitted to the AER under section 116 or 168; or
(b) revisions to a limited access arrangement submitted to the AER under section 116(3) or 168(3) or the Rules;
(a) 1 Minister from the Commonwealth;
(b) 1 Minister from each State (totalling 6 Ministers);
(c) 1 Minister from each Territory (totalling 2 Ministers),
acting in accordance with its own procedures;
(a) a decision of a relevant Minister under section 99, 106 or 156; or
(b) a decision of the Commonwealth Minister under section 164;
(a) the
National Gas (South Australia) Act 2008 of South Australia and Regulations in force under that Act; and(b) the
National Gas (South Australia) Law ; and(c) the
National Gas Access (Western Australia) Act 2008 of Western Australia; and(d) the National Gas Access (Western Australia) Law within the meaning given in the
National Gas Access (Western Australia) Act 2008 of Western Australia; and(e) Regulations made under the
National Gas Access (Western Australia) Act 2008 of Western Australia for the purposes of the National Gas Access (Western Australia) Law; and(f) an Act of a participating jurisdiction (other than South Australia or Western Australia) that applies, as a law of that jurisdiction, any part of—
(i) the Regulations referred to in paragraph (a); or
(ii) the National Gas Law set out in the Schedule to the
National Gas (South Australia) Act 2008 of South Australia; and(g) the National Gas Law set out in the Schedule to the
National Gas (South Australia) Act 2008 of South Australia as applied as a law of a participating jurisdiction (other than South Australia or Western Australia); and(h) the Regulations referred to in paragraph (a) as applied as a law of a participating jurisdiction (other than South Australia or Western Australia);
(a) the initial National Gas Rules; and
(b) Rules made by the AEMC under this Law, including Rules that amend or revoke—
(i) the initial National Gas Rules; or
(ii) Rules made by it;
(a) is in a gaseous state at standard temperature and pressure; and
(b) consists of naturally occurring hydrocarbons, or a naturally occurring mixture of hydrocarbons and non‑hydrocarbons, the principal constituent of which is methane; and
(c) is suitable for consumption;
(a) a pipeline service; or
(b) the supply of natural gas; or
(c) a service ancillary to the service described in paragraph (b);
(a) a coverage recommendation; or
(b) a coverage revocation recommendation; or
(c) a no‑coverage recommendation; or
(d) a price regulation exemption recommendation; or
(e) a reclassification decision; or
(f) a light regulation determination; or
(g) a decision of the NCC under Chapter 3 Part 2 Division 2 to revoke a light regulation determination; or
(h) a decision of the NCC not to make a decision referred to in paragraph (f) or (g); or
(i) advice under section 172;
(a) in accordance with the extension and expansion requirements contained in an applicable access arrangement applying to the pipeline services provided by means of that covered pipeline; or
(b) under this Law;
See also sections 18 and 19.
(a) is a party to a contract with a service provider under which the service provider provides or intends to provide a pipeline service to that person by means of a pipeline that is not a scheme pipeline; or
(b) has a right under an access determination to be provided with a pipeline service by means of a pipeline that is not a scheme pipeline;
(a) a distribution pipeline as defined in that law; and
(b) a covered pipeline as defined in the Gas Code;
(a) a transmission pipeline as defined in that law; and
(b) a covered pipeline as defined in the Gas Code;
(a) a pipe or system of pipes for the haulage of natural gas, and any tanks, reservoirs, machinery or equipment directly attached to that pipe or system of pipes; or
(b) a proposed pipe or system of pipes for the haulage of natural gas, and any proposed tanks, reservoirs, machinery or equipment proposed to be directly attached to the proposed pipe or system of pipes; or
(c) a part of a pipe or system of pipes or proposed pipe or system of pipes referred to in paragraph (a) or (b),
but does not include—
(d) unless paragraph (e) applies, anything upstream of a prescribed exit flange on a pipeline conveying natural gas from a prescribed gas processing plant; or
(e) if a connection point upstream of an exit flange on such a pipeline is prescribed, anything upstream of that point; or
(f) a gathering system operated as part of an upstream producing operation; or
(g) 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
(h) anything downstream of a point on a pipeline from which a person takes natural gas for consumption purposes;
(a) the safe haulage of natural gas in that jurisdiction; or
(b) the safe operation of a pipeline in that jurisdiction;
(a) a service provided by means of a pipeline, including—
(i) a haulage service (such as firm haulage, interruptible haulage, spot haulage and backhaul); and
(ii) a service providing for, or facilitating, the interconnection of pipelines; and
(b) a service ancillary to the provision of a service referred to in paragraph (a),
but does not include the production, sale or purchase of natural gas or processable gas;
(a) by or under jurisdictional gas legislation; or
(b) by the AER—
(i) under an access arrangement decision; or
(ii) in accordance with the Rules;
(a) the prices, charges or tariffs for pipeline services to be, or that are to be, provided; or
(b) the revenue to be, or that is to be, derived from the provision of pipeline services;
(a) is in a gaseous state at standard temperature and pressure; and
(b) consists of naturally occurring hydrocarbons, or a naturally occurring mixture of hydrocarbons and non‑hydrocarbons, the principal constituent of which is methane;
(a) specified in an applicable access arrangement approved or made under a full access arrangement decision; or
(b) determined by applying the formula or methodology contained in an applicable access arrangement approved or made under a full access arrangement decision;
(a) a general regulatory information order; or
(b) a regulatory information notice;
(a) a cross boundary transmission pipeline—the Commonwealth Minister;
(b) a transmission pipeline situated wholly within a participating jurisdiction—the designated Minister;
The term designated Minister is defined in the Act of this jurisdiction that applies this Law as a law of this jurisdiction.
(c) a distribution pipeline situated wholly within a participating jurisdiction—the Minister of the participating jurisdiction;
(d) a cross boundary distribution pipeline—the Minister of the participating jurisdiction determined by the NCC in the recommendation as being the participating jurisdiction with which the cross boundary distribution pipeline is most closely connected;
(a) an AER ring fencing determination; or
(b) a decision under section 146 granting or not granting an exemption under that section; or
(c) an associate contract decision;
(a) a covered pipeline; or
(b) an international pipeline to which a price regulation exemption applies;
(a) in relation to goods—supply (including re‑supply) by way of sale, exchange, lease, hire or hire purchase; and
(b) in relation to services—provide, grant or confer;
See also sections 18 and 19.
(a) is a party to a contract with a service provider under which the service provider provides or intends to provide a pipeline service to that person by means of a scheme pipeline; or
(b) has a right under an access determination to be provided with a pipeline service by means of a scheme pipeline;
(1) In this Law, other than in the definition of
AER in section 2, a reference to the AER is to be read as a reference to the regulator (whether the ERA or the AER) except to the extent that subsection (2) gives a different meaning.(2) To the extent to which a reference to the AER is capable of being read as a reference to the Australian Energy Regulator established by section 44AE of the
Trade Practices Act 1974 of the Commonwealth acting as the disputes resolution body, the term is to be read as having or including that meaning.
In this Law, a reference to the
A civil penalty provision is—
(a) a provision of this Law specified in an item in the Table at the foot of this section; or
(b) a provision of this Law (other than an offence provision) or the Rules that is prescribed by the Regulations to be a civil penalty provision.
1 | Section 56 |
2 | Section 57 |
3 | Section 131 |
4 | Section 133 |
5 | Section 134 |
6 | Section 135 |
7 | Section 136 |
8 | Section 139 |
9 | Section 140 |
10 | Section 141 |
11 | Section 143(6) |
12 | Section 147 |
13 | Section 148 |
14 | Section 168 |
15 | Section 169(3) |
16 | Section 170 |
17 | Section 195 |
18 | Section 223 |
19 | Section 225 |
20 | Section 227 |
21 | Section 228 |
(1) Subject to this section, the civil penalty for a breach of a civil penalty provision is—
(a) in the case of a breach of a civil penalty provision, other than a provision prescribed under paragraph (b) or (c)—
(i) if the breach is by a natural person—
(A) an amount not exceeding $33 900; plus
(B) an amount not exceeding $3 390 for every day during which the breach continues;
(ii) if the breach is by a body corporate—
(A) an amount not exceeding $170 000; plus
(B) an amount not exceeding $17 000 for every day during which the breach continues; or
(b) in the case of a breach of a civil penalty provision prescribed by the Regulations for the purposes of this paragraph—
(i) if the breach is by a natural person—
(A) an amount not exceeding $287 000; plus
(B) an amount not exceeding $14 400 for every day during which the breach continues;
(ii) if the breach is by a body corporate—
(A) an amount not exceeding $1 435 000; plus
(B) an amount not exceeding $71 800 for every day during which the breach continues; or
(c) in the case a breach of a civil penalty provision prescribed by the Regulations for the purposes of this paragraph—
(i) if the breach is by a natural person—an amount not exceeding $500 000;
(ii) if the breach is by a body corporate—an amount not exceeding the greater of the following:
(A) $10 000 000;
(B) if the Court can determine the value of any benefit reasonably attributable to the breach of the civil penalty provision that the body corporate, and any body corporate related to the body corporate, has obtained, directly or indirectly—3 times the value of that benefit;
(C) if the Court cannot determine the value of the benefit—10% of the annual turnover of the body corporate during the 12‑month period ending at the end of the month in which the body corporate breached, or began breaching, the civil penalty provision.
See Schedule 2 clause 47A, which provides for the amounts specified in this subsection to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.
(2) Subsection (1)(c)(ii)(B) or (C) will only apply in a particular case if the AER, in applying for an order under section 231(2)(a), requests that those provisions be applied in that particular case.
A conduct provision is—
(a) a provision of this Law specified in an item in the Table at the foot of this section; or
(b) a provision of this Law (other than an offence provision) or the Rules that is prescribed by the Regulations to be a conduct provision.
1 | Section 133 |
2 | Section 134 |
3 | Section 135 |
4 | Section 136 |
5 | Section 147 |
6 | Section 148 |
7 | Section 170 |
(1) A prospective user is a person who seeks or wishes to be provided with a pipeline service by means of a scheme pipeline.
(2) To avoid doubt, a user is also a prospective user if the user seeks or wishes to be provided with a pipeline service by means of a scheme pipeline other than a pipeline service already provided to them under—
(a) a contract; or
(b) an access determination.
(1) A regulatory obligation or requirement is—
(a) in relation to the provision of a pipeline service by a service provider—
(i) a pipeline safety duty; or
(ii) a pipeline reliability standard; or
(iii) a pipeline service standard; or
(b) an obligation or requirement under—
(i) this Law or the Rules; or
(ii) an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act, that levies or imposes a tax or other levy that is payable by a service provider; or
(iii) an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act, that regulates the use of land in a participating jurisdiction by a service provider; or
(iv) an Act of a participating jurisdiction or any instrument made or issued under or for the purposes of that Act that relates to the protection of the environment; or
(v) an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act (other than national gas legislation or an Act of a participating jurisdiction or an Act or instrument referred to in subparagraphs (ii) to (iv)), that materially affects the provision, by a service provider, of pipeline services to which an applicable access arrangement applies.
(2) A regulatory obligation or requirement does not include an obligation or requirement to pay a fine, penalty or compensation—
(a) for a breach of—
(i) a pipeline safety duty; or
(ii) a pipeline reliability standard; or
(iii) a pipeline service standard; or
(b) under this Law or the Rules or an Act or an instrument referred to in subsection (1)(b)(ii) to (v).
See also section 24(2)(b).
A regulatory payment is a sum that a service provider had been required or allowed to pay to a user or an end user for a breach of, as the case requires—
(a) a pipeline reliability standard; or
(b) a pipeline service standard,
because it was efficient for the service provider (in terms of the service provider’s overall business) to pay that sum.
See also section 24(2)(b).
(1) A service provider is a person who—
(a) owns, controls or operates; or
(b) intends to own, control or operate,
a pipeline or scheme pipeline, or any part of a pipeline or scheme pipeline.
A service provider must not provide pipeline services by means of a scheme pipeline unless the service provider is a legal entity of a specified kind: See section 131, and section 169 where the scheme pipeline is an international pipeline to which a price regulation exemption applies.
(2) A gas market operator that controls or operates (without at the same time owning)—
(a) a pipeline or scheme pipeline; or
(b) a part of a pipeline or scheme pipeline,
is not to be taken to be a service provider for the purposes of this Law.
(1) This section applies to a person who owns a scheme pipeline but does not provide or intend to provide pipeline services by means of that pipeline.
(2) The person is, for the purposes of this Law, deemed to provide or intend to provide pipeline services by means of that pipeline even if the person does not, in fact, do so.
(1) This section applies if—
(a) more than 1 service provider (a
service provider group ) carries out a controlling pipeline activity in respect of a pipeline (or a part of a pipeline); and(b) under this Law or the Rules a service provider is required or allowed to do a thing.
(2) A service provider of the service provider group (the
complying service provider ) may do that thing on behalf of the other service providers of the service provider group if the complying service provider has the written permission of all of the service providers of that group to do that thing on behalf of the service provider group.(3) Unless this Law or the Rules otherwise provide, on the doing of a thing referred to in subsection (2) by a complying service provider, the service providers of the service provider group on whose behalf the complying service provider does that thing, must, for the purposes of this Law and the Rules, each be taken to have done the thing done by the complying service provider.
(4) This section does not apply to a thing required or allowed to be done under section 131 or Chapter 4 Part 2.
(5) In this section—
(1) This section applies if—
(a) a service provider is a foreign company; and
(b) the service provider has, under the
Corporations Act 2001 of the Commonwealth, appointed a local agent within the meaning of that Act.(2) The local agent—
(a) is answerable for the doing of all acts, matters and things the service provider is required by or under this Law to do; and
(b) is personally liable to a penalty imposed on the service provider for a breach of a provision of this Law or the Rules if a court hearing the matter is satisfied that the local agent should be so liable.
A pipeline is commissioned when the pipeline is first used for the haulage of natural gas, on a commercial basis.
(1) The pipeline classification criterion is whether the primary function of the pipeline is to—
(a) reticulate gas within a market (which is the primary function of a distribution pipeline); or
(b) convey gas to a market (which is the primary function of a transmission pipeline).
(2) Without limiting subsection (1), in determining the primary function of the pipeline, regard must also be had to whether the characteristics of the pipeline are those of a transmission pipeline or distribution pipeline having regard to—
(a) the characteristics and classification of, as the case requires, an old scheme transmission pipeline or an old scheme distribution pipeline;
(b) the characteristics of, as the case requires, a transmission pipeline or a distribution pipeline classified under this Law;
(c) the characteristics and classification of pipelines specified in the Rules (if any);
(d) the diameter of the pipeline;
(e) the pressure at which the pipeline is or will be designed to operate;
(f) the number of points at which gas can or will be injected into the pipeline;
(g) the extent of the area served or to be served by the pipeline;
(h) the pipeline’s linear or dendritic configuration.
The pipeline jurisdictional determination criteria are—
(a) whether more gas is to be delivered by a cross boundary distribution pipeline in the jurisdictional area of 1 participating jurisdiction than in the jurisdictional area of any other participating jurisdiction;
(b) whether more customers to be served by a cross boundary distribution pipeline are resident in the jurisdictional area of 1 participating jurisdiction than in the jurisdictional area of any other participating jurisdiction;
(c) whether more of the network for a cross boundary distribution pipeline is in the jurisdictional area of 1 participating jurisdiction than in the jurisdictional area of any other participating jurisdiction;
(d) whether 1 participating jurisdiction has greater prospects for growth in the gas market served or to be served by a cross boundary distribution pipeline than any other participating jurisdiction;
(e) whether the regional economic benefits from competition are likely to be greater for 1 participating jurisdiction than for any other participating jurisdiction.
The pipeline coverage criteria are—
(a) that access (or increased access) to pipeline services provided by means of the pipeline would promote a material increase in competition in at least 1 market (whether or not in Australia), other than the market for the pipeline services provided by means of the pipeline;
(b) that it would be uneconomic for anyone to develop another pipeline to provide the pipeline services provided by means of the pipeline;
(c) that access (or increased access) to the pipeline services provided by means of the pipeline can be provided without undue risk to human health or safety;
(d) that access (or increased access) to the pipeline services provided by means of the pipeline would not be contrary to the public interest.
The form of regulation factors are—
(a) the presence and extent of any barriers to entry in a market for pipeline services;
(b) the presence and extent of any network externalities (that is, interdependencies) between a natural gas service provided by a service provider and any other natural gas service provided by the service provider;
(c) the presence and extent of any network externalities (that is, interdependencies) between a natural gas service provided by a service provider and any other service provided by the service provider in any other market;
(d) the extent to which any market power possessed by a service provider is, or is likely to be, mitigated by any countervailing market power possessed by a user or prospective user;
(e) the presence and extent of any substitute, and the elasticity of demand, in a market for a pipeline service in which a service provider provides that service;
(f) the presence and extent of any substitute for, and the elasticity of demand in a market for, electricity or gas (as the case may be);
(g) the extent to which there is information available to a prospective user or user, and whether that information is adequate, to enable the prospective user or user to negotiate on an informed basis with a service provider for the provision of a pipeline service to them by the service provider.
(1) This section applies despite anything to the contrary in this Law.
(2) If, under this Law and the Rules, separate access arrangements are approved in an applicable access arrangement decision for pipeline services provided, or to be provided, by means of different parts of a covered pipeline, each part of the covered pipeline—
(a) by which pipeline services are provided; and
(b) to which each separate applicable access arrangement applies,
must to be taken to be a separate covered pipeline for the purposes of this Law.
(3) If under this Law and the Rules, a single access arrangement is approved in an applicable access arrangement decision for pipeline services provided, or to be provided, by means of 2 or more covered pipelines, those pipelines must be taken to be a single covered pipeline for the purposes of this Law.
For the purposes of this Law—
(a) an extension to, or expansion of the capacity of, a covered pipeline must be taken to be part of the covered pipeline; and
(b) the pipeline as extended or expanded must be taken to be a covered pipeline,
if, by operation of the extension and expansion requirements under an applicable access arrangement, the applicable access arrangement will apply to pipeline services provided by means of the covered pipeline as extended or expanded.
For the purposes of this Law, an extension to, or expansion of the capacity of, a covered pipeline by means of which light regulation services (and in respect of which there is no limited access arrangement) are provided, must be taken to be part of the covered pipeline unless the AER determines otherwise in writing.
For the purposes of this Law, 2 or more bodies corporate are related to each other if they are related bodies corporate within the meaning of the
Schedule 2 to this Law applies to this Law, the Regulations and the Rules and any other statutory instrument made under this Law.
To the extent that a provision of this Law relates to the Natural Gas Services Bulletin Board, the provision does not apply before a day is fixed by the Minister, by an order notice of which is published in the
(1) The following jurisdictions are participating jurisdictions for the purposes of this Law—
(a) the State of South Australia; and
(b) the Commonwealth, a Territory or a State (other than South Australia) if there is in force, as part of the law of that jurisdiction, a law that applies this Law or any part of this Law (whether by a law that corresponds to Part 2 of the
National Gas (South Australia) Act 2008 of South Australia or by some other law).(2) If a law of a participating jurisdiction referred to in subsection (1)(b) ceases to be in force, the jurisdiction ceases to be a participating jurisdiction.
The Ministers of the participating jurisdictions are—
(a) the Minister of the Crown in right of South Australia administering Part 2 of the
National Gas (South Australia) Act 2008 of South Australia; and(b) the Ministers of the Crown in right of the other participating jurisdictions administering the laws of those jurisdictions that apply this Law or any part of this Law (whether by a law that corresponds to Part 2 of the
National Gas (South Australia) Act 2008 of South Australia or by some other law).
The objective of this Law 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—
(a) price, quality, safety, reliability and security of supply of natural gas; and
(b) the achievement of targets set by a participating jurisdiction—
(i) for reducing Australia’s greenhouse gas emissions; or
(ii) that are likely to contribute to reducing Australia’s greenhouse gas emissions.
The AEMC must publish targets in a targets statement: see section 72A.
Without limiting the
(1) The revenue and pricing principles are the principles set out in subsections (2) to (7).
(2) A service provider should be provided with a reasonable opportunity to recover at least the efficient costs the service provider incurs in—
(a) providing reference services; and
(b) complying with a regulatory obligation or requirement or making a regulatory payment.
(3) A service provider should be provided with effective incentives in order to promote economic efficiency with respect to reference services the service provider provides. The economic efficiency that should be promoted includes—
(a) efficient investment in, or in connection with, a pipeline with which the service provider provides reference services; and
(b) the efficient provision of pipeline services; and
(c) the efficient use of the pipeline.
(4) Regard should be had to the capital base with respect to a pipeline adopted—
(a) in any previous—
(i) full access arrangement decision; or
(ii) decision of a relevant Regulator under section 2 of the Gas Code;
(b) in the Rules.
(5) A reference tariff should allow for a return commensurate with the regulatory and commercial risks involved in providing the reference service to which that tariff relates.
(6) Regard should be had to the economic costs and risks of the potential for under and over investment by a service provider in a pipeline with which the service provider provides pipeline services.
(7) Regard should be had to the economic costs and risks of the potential for under and over utilisation of a pipeline with which a service provider provides pipeline services.
(1) Subject to this section, the MCE may issue a statement of policy principles in relation to any matters that are relevant to the exercise and performance by the AEMC of its functions and powers in—
(a) making a Rule; or
(b) conducting a review under section 83.
(2) Before issuing a statement of policy principles, the MCE must be satisfied that the statement is consistent with the national gas objective.
(3) As soon as practicable after issuing a statement of policy principles, the MCE must give a copy of the statement to the AEMC.
(4) The AEMC must publish the statement in the South Australian Government Gazette and on its website as soon as practicable after it is given a copy of the statement.
The National Gas Rules have the force of law in this jurisdiction.
(1) The AER has the following functions and powers:
(a) to monitor compliance by persons with this Law, the Regulations and the Rules, including compliance with an applicable access arrangement, an access determination and a ring fencing decision; and
(b) to investigate breaches or possible breaches of provisions of this Law, the Regulations or the Rules, including offences against this Law; and
(c) to institute and conduct proceedings in relation to breaches of provisions of this Law, the Regulations or the Rules, including offences against this Law; and
(d) to institute and conduct appeals from decisions in proceedings referred to in paragraph (c); and
(da) to make a rate of return instrument; and
(e) AER economic regulatory functions or powers; and
(f) to prepare and publish reports on the financial and operational performance of service providers in providing pipeline services by means of covered pipelines; and
(g) to approve compliance programs of service providers relating to compliance by service providers with this Law or the Rules; and
(h) any other functions and powers conferred on it under this Law or the Rules.
(2) The AER has the power to do all things necessary or convenient to be done for or in connection with the performance of its functions.
(1) The AER must, in performing or exercising an AER economic regulatory function or power—
(a) perform or exercise that function or power in a manner that will or is likely to contribute to the achievement of the national gas objective; and
(b) if the AER is making a designated regulatory decision —
(i) ensure that —
(A) the covered pipeline service provider that provides the pipeline services to which the applicable access arrangement decision will apply; and
(B) users or prospective users of the pipeline services that the AER considers have an interest in the matter; and
(C) any user or consumer associations or user or consumer interest groups that the AER considers have an interest in the matter,
are, in accordance with the Rules —
(D) informed of the material issues under consideration by the AER; and
(E) given a reasonable opportunity to make submissions in respect of the decision before it is made; and
(ii) specify —
(A) the manner in which the constituent components of the decision relate to each other; and
(B) the manner in which that interrelationship has been taken into account in the making of the decision; and
[(iii) deleted] (2) In addition, the AER—
(a) must take into account the revenue and pricing principles—
(i) when exercising a discretion in approving or making those parts of an access arrangement relating to a reference tariff; or
(ii) when making an access determination relating to a rate or charge for a pipeline service; and
(b) may take into account the revenue and pricing principles when performing or exercising any other AER economic regulatory function or power, if the AER considers it appropriate to do so.
(3) For the purposes of subsection (2)(a)(ii), a reference to a “reference service” in the revenue and pricing principles must be read as a reference to a “pipeline service”.
Any delegation by the AER under section 44AAH of the
(1) Section 44AAF of the
Trade Practices Act 1974 of the Commonwealth has effect for the purposes of this Law, the Regulations and the Rules as if it formed part of this Law.(2) Without limiting section 2A, that section also applies to section 44AAF as adopted by subsection (1) and, when the adopted section is read as if a reference in it to the AER were a reference to the ERA, it is further modified as follows:
(a) delete subsection (3)(c) of the adopted section and insert:
(c) the Australian Energy Regulator established by section 44AE of the
Trade Practices Act 1974 of the Commonwealth;(b) delete subsection (6)(a)(i) of the adopted section and insert:
(i) an ERA member, a person assisting the ERA in the performance of its functions or a delegate of the ERA;
See also Chapter 10 Part 2 Division 1.
In this Division—
(a) the reasons for the rate of return on capital or the value of imputation credits under the instrument; and
(b) how the stated value, or the way to calculate the rate or value, was decided; and
(c) if the instrument replaces another instrument—
(i) the differences (if any) between the instrument and the replaced instrument; and
(ii) the reasons for any differences; and‚
(d) why the AER is satisfied the instrument will, or is most likely to, contribute to the achievement of the national gas objective to the greatest degree; and
(e) how the AER had regard to the following in making the instrument:
(i) the revenue and pricing principles;
(ii) the matters mentioned in section 30G;
(iii) estimation methods, financial models, market data and other evidence relevant to making the instrument;
(iv) prevailing conditions in the market for equity funds;
(v) the interrelationships between financial parameters used, or to be used, in relation to deciding the rate or value.
(1) A rate of return instrument has the force of law in this jurisdiction.
(2) An Act of this jurisdiction regulating the making of subordinate legislation does not apply to a rate of return instrument.
A rate of return instrument is binding on—
(a) the AER in relation to the performance or exercise of an AER economic regulatory function or power; and
(b) each covered pipeline service provider in relation to a matter relevant to the performance or exercise of an AER economic regulatory function or power.
(1) This section applies if a rate of return on capital or the value of imputation credits is required for performing or exercising an AER economic regulatory function or power.
(2) The AER must make an instrument (a
rate of return instrument ) stating—(a) for a rate of return on capital—the way to calculate the rate; and
(b) for the value of imputation credits—the value or the way to calculate the value.
(3) The AER may make an instrument only if satisfied the instrument will, or is most likely to, contribute to the achievement of the national gas objective to the greatest degree.
(4) Subject to subsection (3), the way to calculate a rate of return on capital must include a weighted average of an allowed return on equity and an allowed return on debt.
(5) In making an instrument, the AER must have regard to—
(a) the revenue and pricing principles; and
(b) other information the AER considers appropriate.
(1) If a rate of return instrument states the value of imputation credits, the instrument must state a single value to apply in relation to all covered pipeline service providers.
(2) If a rate of return instrument states a way to calculate the rate of return on capital or the value of imputation credits, the instrument must—
(a) provide for the same methodology to apply in relation to all covered pipeline service providers in calculating the rate or value; and
(b) provide for the methodology to apply automatically without the exercise of any discretion by the AER.
The instrument can not include different methodologies or a band of values from which the AER could choose in applying the instrument.
(3) Subject to subsections (1) and (2), the instrument may include other matters the AER considers appropriate.
Matters to help a covered pipeline service provider calculate a rate of return or the value of imputation credits.
Subject to this Division, the AER may make a rate of return instrument in the way it considers appropriate.
In making a rate of return instrument, the AER must also have regard to the following—
(a) advice, recommendations or submissions given by a consumer reference group;
(b) submissions made, and the report published, under section 30H;
(c) submissions made under section 30J;
(d) the report given by the independent panel under section 30K.
(1) Before publishing a draft rate of return instrument under this Subdivision, the AER must—
(a) establish a reference group to help the AER implement an effective consumer consultation process for making the proposed instrument (a
consumer reference group ); and(b) publish a notice on its website—
(i) inviting persons to make a written submission to the AER about the proposed instrument; and
(ii) stating the period, not less than 28 days, within which a submission must be made; and
(c) seek concurrent expert opinions or evidence about the proposed instrument.
(2) A person may make a submission after the stated period only with the written approval of the AER.
(3) Subject to subsections (4) and (5), the AER may seek the expert opinions or evidence in the way it considers appropriate.
The AER might convene a conference of experts to identify key issues, and areas of dispute and agreement among the experts, about the content of the proposed instrument.
(4) The AER must call for nominations of eligible experts but may seek the expert opinions or evidence from any eligible expert.
(5) If practicable, the AER must seek the expert opinions or evidence from at least 3 eligible experts.
(6) The AER must publish on its website—
(a) submissions made under this section; and
(b) a report on the outcomes of seeking the expert opinions or evidence.
(7) In this section—
Finance, economics, law, consumer affairs, institutional investment.
(1) A consumer reference group for making a rate of return instrument—
(a) is to consist of the members appointed by the AER; and
(b) may carry out its activities, including giving advice or recommendations to the AER about the instrument, in the way it considers appropriate.
(2) Without limiting subsection (1)(b), the consumer reference group may—
(a) consult with consumers of natural gas; and
(b) facilitate consumer engagement in the process for making the instrument; and
(c) make written submissions to the AER about the content of the instrument and the process for making it.
(3) The AER must publish on its website any written advice, recommendations or submissions given to it by the consumer reference group.
(1) The AER must, at least 6 months before making a rate of return instrument, publish on its website—
(a) a draft of the proposed instrument and the explanatory information for the instrument; and
(b) a notice—
(i) inviting persons to make a written submission to the AER about the proposed instrument; and
(ii) stating the period, not less than 28 days, within which a submission must be made.
(2) A person may make a submission after the stated period only with the written approval of the AER.
(3) The AER must publish submissions made under this section on its website.
(1) The AER must, as soon as practicable after publishing the draft instrument, establish an independent panel to give the AER a written report about the instrument.
(2) The panel—
(a) may carry out its activities, including giving the report, in the way it considers appropriate; but
(b) must seek to give the report by consensus.
(3) The panel must—
(a) consist of at least 3 members, appointed by the AER, who have qualifications or experience in a field the AER considers relevant to making a rate of return instrument; and
Finance, economics, law, consumer affairs, institutional investment.
(b) give the report to the AER before the AER makes the instrument.
(4) The AER must take reasonable steps to minimise and manage any conflicts of interest a panel member may have in relation to making the instrument.
(5) The report must—
(a) include the panel’s assessment of the evidence and reasons supporting the rate of return on capital or the value of imputation credits under the instrument; and
(b) state whether the report is given by consensus.
(6) The AER must publish the report on its website.
The AER must publish explanatory information for a rate of return instrument on its website when the instrument is published under section 30N.
Failure to comply with this Subdivision does not invalidate or otherwise affect a rate of return instrument.
After making a rate of return instrument, the AER must publish the instrument on its website.
See section 30L for the requirement to publish explanatory information for the instrument.
A rate of return instrument—
(a) commences on the day after it is published on the AER’s website; and
(b) remains in force until the end of the day it is replaced under section 30P.
(1) The AER must—
(a) review each rate of return instrument; and
(b) make a new rate of return instrument under this Division to replace the reviewed instrument.
(2) The AER must replace the reviewed instrument by publishing the new instrument on its website on the day that is—
(a) the fourth anniversary of the day the reviewed instrument was published; or
(b) if the day mentioned in paragraph (a) is not a business day—the first business day after that day.
(1) A rate of return instrument—
(a) applies for the purposes of an AER economic regulatory decision made after the commencement of the instrument; and
(b) does not affect an AER economic regulatory decision made before the commencement of the instrument.
(2) To remove any doubt, it is declared that the application of the instrument under this Law, including, for example, in making a full access arrangement decision, is an AER economic regulatory function or power.
(1) If a person wishes to give information to the AER for the purposes of this Division in confidence—
(a) the person must give the AER written notice that the person claims the information is confidential; and
(b) give reasons to support the claim, including—
(i) information about the detriment that might be caused to the person if the information were disclosed by the AER; and
(ii) information that—
(A) is reasonably within the person’s knowledge and capacity to give; and
(B) may be relevant to the AER’s consideration under section 329 about whether the public benefit in disclosing the information outweighs the detriment.
(2) In giving reasons to support a claim under subsection (1) about information received from another person (a
third party ), a person may include information that—(a) is reasonably within the person’s knowledge and capacity to give; and
(b) is about the detriment that might be caused to the third party if the information were disclosed by the AER; and
(c) may be relevant to the AER’s consideration under section 329 about whether the public benefit in disclosing the information outweighs the detriment.
(3) In acting under subsection (1), a person must specifically identify the information in relation to which the claim is made.
(4) Information given to the AER for the purposes of this Division is not to be regarded as being given in confidence, or to be confidential in any way, unless the information is subject to an express claim of confidentiality made under this section.
(1) Chapter 10 Part 2 Division 1 applies in relation to publishing information given to the AER in confidence under this Division.
(2) In this section—
In this Division—
(1) The AER may, in writing, authorise a person that the AER considers is suitably qualified or trained to be an authorised person for the purposes of this Division.
(2) An authorised person must comply with any direction of the AER in exercising powers or functions as an authorised person.
(1) The AER must issue an identity card to an authorised person.
(2) The identity card must contain the name, a recent photograph and the signature of the authorised person.
(3) An authorised person must carry the identity card at all times when exercising powers or performing functions as an authorised person.
(4) An authorised person must produce his or her identity card for inspection—
(a) before exercising a power as an authorised person; or
(b) at any time during the exercise of a power as an authorised person, if asked to do so.
If a person to whom an identity card has been issued ceases to be an authorised person, the person must return the identity card to the AER as soon as practicable.
Maximum penalty: $620.
See Schedule 2 clause 47B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.
(1) An authorised person may apply to a magistrate for the issue of a search warrant in relation to a particular place if the person—
(a) believes on reasonable grounds that—
(i) there is or has been or will be a breach of a relevant provision; and
(ii) there is or may be a thing or things of a particular kind connected with that breach on or in that place; or
(b) reasonably suspects that—
(i) there may have been a breach of a relevant provision; and
(ii) there is or may be a thing or things of a particular kind connected with that breach on or in that place.
(2) If a magistrate is satisfied by the evidence, on oath or by affidavit, of an authorised person that there are reasonable grounds for suspecting that there is, or may be within the next 7 days, a thing or things of a particular kind connected with a breach or possible breach of a relevant provision on or in a place, the magistrate may issue a search warrant authorising an authorised person named in the warrant—
(a) to enter the place specified in the warrant, with such assistance and by the use of such force as is necessary and reasonable;
(b) to search the place or any part of the place;
(c) to search for and seize a thing named or described in the warrant and which the person believes on reasonable grounds to be connected with the breach or possible breach of the relevant provision;
(d) to inspect, examine or record an image of anything in the place;
(e) to take extracts from, and make copies of, any documents in the place;
(f) to take into the place such equipment and materials as the person requires for exercising the powers.
(3) A search warrant issued under this section must state—
(a) the purpose for which the search is required and the nature of the suspected breach of the relevant provision; and
(b) any conditions to which the warrant is subject; and
(c) whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night; and
(d) a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect.
(4) Except as provided by this Law, the rules to be observed with respect to search warrants mentioned in any relevant laws of this jurisdiction extend and apply to warrants under this section.
(1) This section applies if the occupier or another person who apparently represents the occupier is present at premises when a search warrant is being executed.
(2) The authorised person executing the warrant must—
(a) identify himself or herself to that person; and
(b) announce that he or she is authorised by the warrant to enter the place; and
(c) before using force to enter, give the person an opportunity to allow entry; and
(d) give the person a copy of the warrant.
(3) The authorised person executing the warrant is not entitled to exercise any powers under the warrant in relation to premises if the authorised person does not comply with subsection (2).
An authorised person executing a warrant need not comply with section 36 if he or she believes on reasonable grounds that immediate entry to premises is required to ensure—
(a) the safety of any person; or
(b) that the effective execution of the search warrant is not frustrated.
(1) If an authorised person executing a warrant retains possession of a document seized from a person in accordance with the warrant, the authorised person must give that other person, within 21 days of the seizure, a copy of the document certified as correct by the authorised person executing the warrant.
(2) A copy of a document certified under subsection (1) shall be received in all courts and all tribunals as evidence of equal validity to the original.
(1) If an authorised person executing a warrant seizes a document or other thing in accordance with the warrant, the authorised person must if he or she is not a person employed by the AER, give the document or other thing seized to the AER.
(2) The AER must take reasonable steps to return the document or thing to the person from whom it was seized if the reason for its seizure no longer exists.
(3) If the document or thing seized has not been returned within 3 months after it was seized, the AER must take reasonable steps to return it unless—
(a) proceedings for the purpose for which the document or thing was retained have commenced within that 3 month period and those proceedings (including any appeal) have not been completed; or
(b) a magistrate makes an order under section 40 extending the period during which the document or thing may be retained.
(1) The AER may apply to a magistrate—
(a) within 3 months after a document or other thing was seized in accordance with a warrant; or
(b) if an extension has been granted under this section, before the end of the period of the extension,
for an extension of the period for which the AER may retain the document or thing but so that the total period of retention does not exceed 12 months.
(2) An application must be made before proceedings for the purpose for which the document or thing was retained have been commenced.
(3) A magistrate may order such an extension if he or she is satisfied that—
(a) it is in the interests of justice; and
(b) the total period of retention does not exceed 12 months; and
(c) retention of the document or other thing is necessary—
(i) for the purposes of an investigation into whether a breach of a relevant provision has occurred; or
(ii) to enable evidence of a breach of a relevant provision to be obtained for the purposes of a proceeding under this Law.
(4) If proceedings are commenced for the purpose for which the document or thing was retained at any time before the expiry of the period specified in an order under this section, the document or thing may be retained until those proceedings (including any appeal) have been completed despite those proceedings being completed after the period specified in the order.
(5) At least 7 days prior to the hearing of an application under this section by a magistrate, notice of the application must be sent to the owner of the document or thing described in the application.
A person must not, without reasonable excuse, obstruct or hinder an authorised person in the exercise of a power under a search warrant under this Division.
Maximum penalty:
(a) in the case of a natural person—$3 400;
(b) in the case of a body corporate—$17 000.
See Schedule 2 clause 47B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.
(1) If the AER has reason to believe that a person is capable of providing information, producing a document or giving evidence that the AER requires for the performance or exercise of a function or power conferred on it under this Law or the Rules, the AER may, by notice in writing, serve on that person a notice (a
relevant notice ).(2) A relevant notice may require the person to do 1 or more of the following:
(a) provide to the AER, by writing signed by that person or, in the case of a body corporate, by a competent officer of the body corporate, within the time and in the manner specified in the notice, any information of the kind referred to in subsection (1); or
(b) produce to the AER, or to a person specified in the notice acting on its behalf, in accordance with the notice, any documents of the kind referred to in subsection (1); or
(c) appear before the AER, or before a member of the staff assisting the AER who is an SES employee or an acting SES employee and who is specified in the notice, at a time and place specified in the notice, to provide any information or to give any evidence of the kind referred to in subsection (1), either orally or in writing, and to produce any documents of the kind referred to in subsection (1).
(2A) When subsection (2)(c) is read as if a reference in it to the AER were a reference to the ERA, the subsection is to be read as if “a member of the staff assisting the AER who is an SES employee or an acting SES employee and” had been deleted and the following had been inserted instead:
a staff member as defined in the
(3) A person on whom a relevant notice is served must comply with the relevant notice unless the person has a reasonable excuse.
Maximum penalty:
(a) in the case of a natural person—$6 300;
(b) in the case of a body corporate—$31 500.
See Schedule 2 clause 47B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.
(3a) A person must not, when appearing under subsection (2)(c), refuse or fail to answer a question that the person is required to answer for the purpose of providing information or giving evidence unless the person has a reasonable excuse.
Maximum penalty: $6 300.
See Schedule 2 clause 47B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.
(4) A person must not, in purported compliance with a relevant notice, provide information or give evidence that the person knows is false or misleading in a material particular.
Maximum penalty:
(a) in the case of a natural person—$6 300;
(b) in the case of a body corporate—$31 500.
See Schedule 2 clause 47B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.
(5) It is a reasonable excuse for the purposes of subsection (3) if the person served the relevant notice is not capable of complying with that notice.
(5a) It is a reasonable excuse for the purposes of subsection (3a) if the person is not capable of providing the information or giving the evidence (as the case may be) to which the question relates.
(6) It is a reasonable excuse for a natural person to—
(a) fail to provide information or to give evidence of the kind referred to in subsection (1) to the AER, or to a person specified in a relevant notice;
(b) fail to produce a document of the kind referred to in subsection (1) to the AER, or to a person specified in a relevant notice acting on behalf of the AER,
if to do so might tend to incriminate the person, or make the person liable to a criminal penalty, under a law of this jurisdiction or a law of another participating jurisdiction.
(7) It is not a reasonable excuse for a person to—
(a) fail to provide information of the kind referred to in subsection (1) to the AER, or to a person specified in a relevant notice; or
(b) fail to produce a document of the kind referred to in subsection (1) to the AER, or to a person specified in a relevant notice acting on behalf of the AER,
on the ground of any duty of confidence.
(8) This section does not require a person to—
(a) provide information that is the subject of legal professional privilege; or
(b) produce a document the production of which would disclose information that is the subject of legal professional privilege.
(9) This section does not require a person to—
(a) provide information or give evidence that would disclose the contents of a document prepared for the purposes of a meeting of the Cabinet or a committee of the Cabinet of the Commonwealth or of a State or a Territory; or
(b) produce a document prepared for the purposes of a meeting of the Cabinet or a committee of the Cabinet of the Commonwealth or of a State or a Territory; or
(c) provide information, give evidence or produce a document that would disclose the deliberations of the Cabinet or a committee of the Cabinet of the Commonwealth or of a State or a Territory.
(9a) The AER, or a person specified in a relevant notice under this section, may require evidence given under subsection (2)(c) to be given on oath or affirmation and for that purpose the AER or specified person (as the case may be) may administer the oath or affirmation.
(9b) A person must not, without reasonable excuse, refuse or fail to be sworn or to make an affirmation under subsection (9a).
Maximum penalty: $6 300.
See Schedule 2 clause 47B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.
(10) A person incurs, by complying with a relevant notice, no liability for breach of contract, breach of confidence or any other civil wrong.
(11) Subject to the preceding subsections, the Court may, on application by the AER on behalf of the Commonwealth, if satisfied that a person has breached subsection (3) or (3a), make an order that the person take such action as the Court requires for remedying the breach.
(11A) When subsection (11) is read as if a reference in it to the AER were a reference to the ERA, the subsection is to be read as if “on behalf of the Commonwealth” had been deleted.
(12) To avoid doubt, the Court may act under subsection (11) if satisfied on the balance of probabilities that a person is in breach of subsection (3) or (3a) (as the case may be).
(13) The AER must not exercise, or continue to exercise, a power under subsection (1) in relation to a matter (and any notice under that subsection will cease to have effect)—
(a) after the AER has commenced proceedings in relation to the matter, other than proceedings for an injunction (whether interim or final); or
(b) if proceedings for a final injunction have been commenced by the AER—after the close of pleadings in those proceedings.
(14) Subsection (13) does not prevent the AER from—
(a) using any information, evidence or document acquired under this section in any proceedings if the information, evidence or document has been obtained before the commencement of those proceedings; or
(b) exercising a power under this section for a purpose other than for the purposes of proceedings referred to in that subsection.
(15) Any information, evidence or document obtained under subsection (14)(b) may be used in any proceedings if it is found to be relevant to those proceedings.
(16) The Regulations may make any other provision in relation to the form, content or service of a notice under this section.
(17) An annual report for the AER must include the following information relating to the relevant reporting period for that report:
(a) the number of notices (if any) given under subsection (2)(c) during the reporting period to appear to provide information or to give evidence orally;
(b) in relation to a notice under paragraph (a)—a general description of the nature of the matter or matters in respect of which the notice was given;
(c) the number of proceedings (if any) commenced during the reporting period to challenge a notice given under subsection (2)(c) to appear to provide information or to give evidence orally.
(18) A person must not—
(a) threaten, intimidate or coerce another person; or
(b) cause or procure damage, loss or disadvantage to another person,
because that other person—
(c) proposes to provide information, give evidence or produce a document in response to a notice under this section; or
(d) proposes to appear, or has appeared, in response to a notice under this section.
Maximum penalty: $6 300.
See Schedule 2 clause 47B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.
(19) In this section—
In this Division—
(a) a covered pipeline service provider; or
(b) a service provider who provides or intends to provide pipeline services by means of an international pipeline to which a price regulation exemption applies;
(1) A contributing service is a service that the AER, in accordance with this section, decides is a service that contributes in a material way to the provision of a pipeline service by a scheme pipeline service provider.
(2) In deciding whether a service is a service that contributes in a material way to the provision of a pipeline service by a scheme pipeline service provider, the AER must have regard to—
(a) the nature and kind of the service;
(b) when the service was first supplied;
(c) the nature and extent of the contribution of the service relative to—
(i) the pipeline service; and
(ii) all other services supplied by the scheme pipeline service provider;
(d) whether the service was previously supplied—
(i) by the scheme pipeline service provider; or
(ii) directly or indirectly by an associate of the scheme pipeline service provider;
(e) whether the service, together with other services, contributes in a material way to the provision of pipeline services;
(f) any other matter specified under the Rules.
A general regulatory information order is an order made by the AER in accordance with this Division that requires each scheme pipeline service provider of a specified class, or each related provider of a specified class, to do either or both of the following:
(a) provide to the AER the information specified in the order;
(b) prepare, maintain or keep information specified in the notice in a manner and form specified in the order.
A regulatory information notice is a notice prepared and served by the AER in accordance with this Division that requires the scheme pipeline service provider, or a related provider, named in the notice to do either or both of the following:
(a) provide to the AER the information specified in the notice;
(b) prepare, maintain or keep information specified in the notice in a manner and form specified in the notice.
This Division does not limit the operation of Division 3.
(1) Subject to this Division, the AER, if it considers it reasonably necessary for the performance or exercise of its functions or powers under this Law or the Rules, may—
(a) serve a regulatory information notice on a scheme pipeline service provider or a related provider; or
(b) make a general regulatory information order.
(2) In considering whether it is reasonably necessary to serve a regulatory information notice, or make a general regulatory information order, the AER must have regard to—
(a) the matter to be addressed by—
(i) the service of the regulatory information notice; or
(ii) the making of the general regulatory information order; and
(b) the likely costs that may be incurred by an efficient scheme pipeline service provider or efficient related provider in complying with the notice or order.
The AER must also exercise its powers under this section in a manner that will or is likely to contribute to the achievement of the national gas objective: see section 28.
(3) A regulatory information notice must not be served, or a general regulatory information order must not be made, solely for the purpose of—
(a) investigating breaches or possible breaches of provisions of this Law, the Regulations or the Rules, including offences against this Law; or
(b) instituting and conducting proceedings in relation to breaches of provisions of this Law, the Regulations or the Rules, including offences against this Law; or
(c) instituting and conducting appeals from decisions in proceedings referred to in paragraph (b); or
(d) collecting information for the preparation of a service provider performance report; or
(e) any application for review of a decision of the AER under Chapter 8 Part 5.
(1) This section applies if the AER is intending to—
(a) serve a regulatory information notice on a related provider; or
(b) make a general regulatory information order that will apply to a class of related providers.
(2) In addition to the matters set out in section 48(2), the AER, in considering whether it is reasonably necessary to serve the regulatory information notice, or make the general regulatory information order, must have regard to—
(a) whether the scheme pipeline service provider being supplied a contributing service by the related provider or related providers to which the intended regulatory information instrument will apply can—
(i) provide the information to be specified in that instrument; or
(ii) prepare, maintain or keep the information to be specified in the particular manner and form to be specified in that instrument; and
(b) the extent to which the related provider or related providers to which the intended regulatory information instrument will apply is, or are, supplying a contributing service on a genuinely competitive basis; and
(c) the nature of any ownership or control between—
(i) the scheme pipeline service provider being supplied a contributing service by a related provider to which the intended regulatory information instrument will apply; and
(ii) that related provider; and
(d) the nature of any ownership or control as between different related providers supplying the contributing service to the scheme pipeline service provider; and
(e) any other matter the AER considers relevant.
(3) For the purposes of subsection (2)(b), in considering whether a contributing service is being supplied on a genuinely competitive basis, the AER may take into account—
(a) whether there is effective competition in the market for the supply of the contributing service; and
(b) whether the related provider supplies the contributing service to a scheme pipeline service provider under a contract, arrangement or understanding entered into with that scheme pipeline service provider following a competitive process for the awarding of the right to enter into that contract, arrangement or understanding involving persons who were not associates of the scheme pipeline service provider.
The AER must, in accordance with the Rules, consult with the public on the general regulatory information order it intends to make before it makes that order.
See also section 65 about what the AER must and may do after receiving submissions.
(1) A general regulatory information order made under section 48(1)(b) must be published on the AER’s website as soon as practicable after it is made.
[(2)deleted]
(1) The AER, before serving a regulatory information notice, must—
(a) notify, in writing, the scheme pipeline service provider, or the related provider, on whom the AER intends to serve the regulatory information notice of its intention to do so; and
(b) give the scheme pipeline service provider, or the related provider, a draft of the regulatory information notice it intends to serve.
(2) If the regulatory information notice to be served is an urgent notice, the AER must, in a notice under subsection (1)—
(a) identify the regulatory information notice to be served as an urgent notice; and
(b) give its reasons, in writing, why the regulatory information notice to be served is an urgent notice.
(3) A regulatory information notice is an urgent notice if—
(a) under the notice the AER will require the scheme pipeline service provider or related provider to provide information to the AER; and
(b) that requirement has arisen because the AER considers it must deal with or address a particular matter or thing in order for it to make an AER economic regulatory decision or a rate of return instrument; and
(c) the AER considers that, having regard to the time within which it must make that AER economic regulatory decision or a rate of return instrument, the time within which the AER requires the information is of the essence.
(4) A notice under subsection (1) must—
(a) invite the scheme pipeline service provider, or the related provider, to make written representations to the AER as to whether the AER should serve the regulatory information notice on them; and
(b) specify the period within which the scheme pipeline service provider, or the related provider, may make the representations.
(5) The period that must be specified in accordance with subsection (4) must be—
(a) in the case of an urgent notice to be served—a period of not less than 5 business days and not more than 10 business days calculated from the date of the notice under subsection (1);
(b) in all other cases—a period of at least 20 business days calculated from the date of the notice under subsection (1).
(6) The AER must consider the written representations made in accordance with a notice under subsection (1) before making its decision in accordance with this Division to serve the regulatory information notice.
(1) A regulatory information instrument—
(a) must specify the information required to be—
(i) provided to the AER;
(ii) prepared, maintained or kept in the particular manner and form specified in the instrument; and
(b) may specify the manner and form in which the information described in the instrument is required to be—
(i) provided to the AER;
(ii) prepared, maintained or kept; and
(c) must state the reasons of the AER for requiring the information described in the instrument to be—
(i) provided to the AER;
(ii) prepared, maintained or kept in the particular manner and form specified in the instrument; and
(d) in the case of an instrument requiring information to be provided to the AER, must specify when the information must be provided.
(2) In the case of a regulatory information notice, the notice must name the scheme pipeline service provider or the related provider to whom it applies.
(3) In the case of a general regulatory information order, the order must specify the class of scheme pipeline service provider, or related provider, to whom the order applies.
Without limiting section 53(1)(a), the information that may be required to be provided to the AER, or to be prepared, maintained or kept, may include—
(a) historic, current and forecast information (including financial information);
(b) information that is or may be derived from other information in the possession or control of the scheme pipeline service provider or the related provider to whom the instrument applies;
(c) information to enable the AER to verify whether the scheme pipeline service provider to whom the instrument applies is or has been complying with Chapter 4;
(d) information to enable the AER to verify compliance with any requirements for the allocation of costs between natural gas services under—
(i) the Rules; or
(ii) an applicable access arrangement.
Without limiting section 53(1)(b), a regulatory information instrument may specify the information specified in the instrument—
(a) be provided to the AER, or prepared, maintained or kept, on an annual basis or some other basis, including on the occurrence of a specified event or state of affairs;
(b) be provided to the AER, or prepared, maintained or kept, in accordance with specified Rules;
(c) be provided to the AER, or prepared, maintained or kept, in accordance with any document, code, standard, rule, specification or method formulated, issued, prescribed or published by the AER or any person, authority or body whether—
(i) wholly or partially or as amended by the instrument; or
(ii) as formulated, issued, prescribed or published at the time the instrument is served or published or at any time before the instrument is served or published; or
(iii) as amended from time to time;
The AER may require a scheme pipeline service provider to provide information in a form and manner that complies with relevant accounting standards.
(d) be verified by way of statutory declaration by an officer of the scheme pipeline service provider, or of a related provider, to whom the instrument applies;
(e) be audited—
(i) by a class of person specified in the instrument before it is provided to the AER; and
(ii) at the expense of the scheme pipeline service provider or related provider to whom the instrument applies.
On being served a regulatory information notice, a person named in the notice must comply with the notice.
(1) On publication of a general regulatory information order in accordance with section 51(1), a person who is a member of the class of person to which a general regulatory information order applies must comply with the order.
(2) Subsection (1) does not apply to a person who has been given an exemption under section 58.
(1) The AER may exempt a person, or a class of person, from complying with section 57—
(a) unconditionally or on specified conditions; or
(b) wholly or to the extent as is specified in the exemption.
(2) An exemption under this section must be in writing.
(1) This section applies if—
(a) under a regulatory information instrument the AER—
(i) requires a scheme pipeline service provider to provide information to the AER for the purpose of enabling the AER to make an AER economic regulatory decision relating to the scheme pipeline service provider or to make a rate of return instrument; or
(ii) requires a related provider to provide information to the AER that is relevant to the making of an AER economic regulatory decision relating to a scheme pipeline service provider or the making of a rate of return instrument; and
(b) the scheme pipeline service provider or related provider—
(i) does not provide the information to the AER in accordance with the applicable regulatory information instrument; or
(ii) provides information that is insufficient (when compared to what was requested under the applicable regulatory information instrument).
(2) Without limiting sections 56 and 57 and despite anything to the contrary in this Law or the Rules, the AER—
(a) may make the AER economic regulatory decision or the rate of return instrument on the basis of the information the AER has at the time it makes that decision or instrument; and
(b) in making that decision or instrument, may make reasonable assumptions (including assumptions adverse to the interests of the scheme pipeline service provider) in respect of the matters the information required under the regulatory information instrument would have addressed had that information been provided as required.
A person must not, in purported compliance with a regulatory information instrument requiring the person to provide information to the AER, provide information to the AER that the person knows is false or misleading in a material particular.
Maximum penalty:
(a) in the case of a natural person—$6 300;
(b) in the case of a body corporate—$31 500.
See Schedule 2 clause 47B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.
(1) A person must not refuse to comply with a regulatory information instrument on the ground of any duty of confidence.
(2) A person incurs, by complying with a regulatory information instrument, no liability for breach of contract, breach of confidence or any other civil wrong.
A regulatory information instrument, and sections 56 and 57, are not to be taken as requiring a person to—
(a) provide to the AER information that is the subject of legal professional privilege; or
(b) produce a document to the AER the production of which would disclose information that is the subject of legal professional privilege.
(1) It is a reasonable excuse for a natural person to whom section 56 applies not to comply with a regulatory information notice served on the person requiring the person to provide information to the AER if to do so might tend to incriminate the person, or make the person liable to a criminal penalty, under a law of this jurisdiction or another participating jurisdiction.
(2) It is a reasonable excuse for a natural person to whom section 57 applies not to comply with a general regulatory information order made requiring the person to provide information to the AER if to do so might tend to incriminate the person, or make the person liable to a criminal penalty, under a law of this jurisdiction or another participating jurisdiction.
(1) Subject to this section, the AER may prepare a report on the financial performance or operational performance of 1 or more scheme pipeline service providers in providing pipeline services by means of a scheme pipeline.
The AER may only prepare a report under subsection (1) if the preparation of the report will or is likely to contribute to the achievement of the national gas objective: see section 28.
(2) A report prepared under this section may—
(a) deal with the financial or operational performance of the scheme pipeline service provider in relation to—
(i) complying with pipeline service standards; and
(ii) standards relating to the provision of pipeline services to users or end users; and
(iii) the profitability of scheme pipeline service providers in providing pipeline services; and
(b) if the AER considers it appropriate, deal with the performance of the scheme pipeline service provider in relation to other matters or things if that performance is directly related to the performance or exercise by the AER of an AER economic regulatory function or power.
(3) A report prepared under this section may include—
(a) information provided to the AER by a person in compliance with a regulatory information instrument; and
(b) in the case of a report dealing with the financial performance of 1 or more scheme pipeline service providers, a comparison of the profitability of the scheme pipeline service providers to which the report relates from the provision of pipeline services by them.
(4) Before preparing a report under this section, the AER must, in accordance with the Rules, consult with the persons or bodies specified by the Rules.
(5) The AER may publish a report prepared under this section on its website.
If, under this Law or the Rules, the AER publishes a notice inviting submissions in relation to the making of an AER economic regulatory decision, the AER, in making the decision—
(a) must consider every submission it receives within the period specified in the notice; and
(b) may, but need not, consider a submission it receives after the period specified in the notice expires.
The AER may use information provided to it by a person in compliance with a notice under section 42 or a regulatory information instrument for any purpose connected with the performance or exercise of a function or power of the AER under this Law or the Rules.
(1) If the AER is given information by any person in relation to a breach or a possible breach of this Law, the Regulations or the Rules by a person but—
(a) decides not to investigate that breach or possible breach; or
(b) following an investigation, decides not to—
(i) institute any proceedings under Chapter 8 in respect of that breach or possible breach; or
(ii) serve an infringement notice in accordance with Chapter 8 Part 7 in respect of that breach or possible breach,
the AER must notify that person of that decision in writing.
(2) This section does not apply if the person gave the information to the AER anonymously.
(a1) The AER must prepare guidelines about the exercise of its powers under section 42, including about—
(a) the rights and obligations of persons who are served with a relevant notice under that section; and
(b) the penalties applying under that section for non‑compliance with a notice; and
(c) the purposes for which information obtained under that section may be used.
(1) The AER may prepare guidelines about the matters it will have regard to before—
(a) making an application under section 231; or
(b) serving an infringement notice under section 277.
(2) The AER must publish guidelines prepared under subsection (a1) or (1) on its website.
(1) The WA arbitrator must, in performing or exercising a function or power that relates to an access determination, perform or exercise that function or power in a manner that will or is likely to contribute to the achievement of the national gas objective.
(2) In addition, the WA arbitrator—
(a) must take into account the revenue and pricing principles when making an access determination relating to a rate or charge for a pipeline service; and
(b) may take into account the revenue and pricing principles when performing or exercising any other function or power that relates to an access determination, if the WA arbitrator considers it appropriate to do so.
(3) For the purposes of subsection (2)(a), a reference to a reference service in the revenue and pricing principles must be read as a reference to a pipeline service.
(1) The AEMC has the following functions and powers:
(a) the Rule making functions and powers conferred on it under this Law and the Regulations;
(b) the market development functions conferred on it under this Law and the Rules;
(c) any other functions and powers conferred on it under this Law and the Rules.
(2) The AEMC has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.
Any delegation by the AEMC under section 20 of the
Section 24 of the
See also Chapter 10 Part 2 Division 2.
In performing or exercising any function or power under this Law, the Regulations or the Rules, the AEMC must have regard to the national gas objective.
(1) The AEMC must prepare and maintain a document (the
targets statement ) stating the targets set by a participating jurisdiction mentioned in section 23(b).(2) If the MCE or a Minister of a participating jurisdiction gives a written direction to the AEMC to include a target in, or remove a target from, the targets statement, the AEMC must comply with the direction.
(3) A Minister may give a written direction under subsection (2) only in relation to a target set by the Minister’s participating jurisdiction.
(4) The AEMC must publish on its website—
(a) the targets statement; and
(b) each direction given under subsection (2).
(5) In having regard to the national gas objective under this Law, the Regulations or the Rules with respect to the matters mentioned in section 23(b), a person or body must consider, as a minimum, the targets stated in the targets statement.
The AEMC must have regard to any relevant MCE statement of policy principles—
(a) in making a Rule; or
(b) in conducting a review under section 83.
(1) Subject to this Division, the AEMC, in accordance with this Law and the Regulations, may make Rules, to be known, collectively, as the “National Gas Rules”, for or with respect to—
(a) regulating—
(i) access to pipeline services;
(ii) the provision of pipeline services;
(iii) the collection, use, disclosure, copying, recording, management and publication of information in relation to natural gas services;
(b) any matter or thing contemplated by this Law, or is necessary or expedient for the purposes of this Law.
The procedure for the making of a Rule by the AEMC is set out in Chapter 9 Part 3.
(2) Without limiting subsection (1), the AEMC, in accordance with this Law and the Regulations, may make Rules for or with respect to any matter or thing specified in Schedule 1 to this Law.
(3) Rules made by the AEMC in accordance with this Law and the Regulations may—
(a) be of general or limited application;
(b) vary according to the persons, times, places or circumstances to which they are expressed to apply;
(c) confer functions or powers on, or leave any matter or thing to be decided or determined by—
(i) the AER, the AEMC or the Bulletin Board operator; or
(ii) any panel or committee established by the AEMC; or
(iii) any other body established, or person appointed, in accordance with the Rules;
(d) confer rights or impose obligations on any person or a class of person (other than the AER or the AEMC);
(e) confer a function on the AER, the AEMC or the Bulletin Board operator to make or issue guidelines, tests, standards, procedures or any other document (however described) in accordance with the Rules, including guidelines, tests, standards, procedures or any other document (however described) that leave any matter or thing to be determined by the AER, the AEMC or the Bulletin Board operator;
(f) empower or require any person (other than a person referred to in paragraph (e)) or body to make or issue guidelines, tests, standards, procedures or any other document (however described) in accordance with the Rules;
(g) apply, adopt or incorporate wholly or partially, or as amended by the Rules, the provisions of any standard, rule, specification, method or document (however described) formulated, issued, prescribed or published by any person, authority or body whether—
(i) as formulated, issued, prescribed or published at the time the Rules are made or at any time before the Rules are made; or
(ii) as amended from time to time;
(h) confer a power of direction on the AER, the AEMC or the Bulletin Board operator to require a person conferred a right, or on whom an obligation is imposed, under the Rules to comply with—
(i) a guideline, test, standard, procedure or other document (however described) referred to in paragraph (e) or (f); or
(ii) a standard, rule, specification, method or document (however described) referred to in paragraph (g);
(i) if this section authorises or requires Rules that regulate any matter or thing, prohibit that matter or thing or any aspect of that matter of thing;
(j) provide for the review of, or a right of appeal against, a decision or determination made under the Rules and for that purpose, confer jurisdiction on the Court;
(k) require a form prescribed by or under the Rules, or information or documents included in, attached to or given with the form, to be verified by statutory declaration;
(l) in a specified case or class of case, exempt a person or body performing or exercising a function or power, or conferred a right, or on whom an obligation is imposed, under the Rules or a class of any such person or body from complying with a provision, or a part of a provision, of the Rules;
(m) provide for the modification or variation of a provision of the Rules (with or without substitution of a provision of the Rules or a part of a provision of the Rules) as it applies to a person or body performing or exercising a function or power, or conferred a right, or on whom an obligation is imposed, under the Rules or a class of any such person or body;
(n) confer an immunity on, or limit the liability of, any person or body performing or exercising a function or power, or conferred a right, or on whom an obligation is imposed under the Rules;
(o) contain provisions of a savings or transitional nature consequent on the amendment or revocation of a Rule.
The AEMC must not, without the consent of the MCE, make a Rule that confers a right or function, or imposes an obligation, on the MCE or a Minister of a participating jurisdiction.
The term
The AEMC must not make a Rule that—
(a) creates an offence for a breach of a provision of the Rules; or
(b) provides for a criminal penalty or civil penalty for a breach of a provision of the Rules.
(1) The AEMC must make publicly available—
(a) every standard, rule, specification, method or document (however described) formulated, issued, prescribed or published by any person, authority or body that is applied, adopted or incorporated by a Rule; and
(b) if a standard, rule, specification, method or document (however described) formulated, issued, prescribed or published by any person, authority or body is applied, adopted or incorporated by a Rule as amended from time to time—any amendment to that standard, rule, specification, method or document.
(2) For the purposes of subsection (1), the AEMC makes a standard, rule, specification, method or document (however described) formulated, issued, prescribed or published by any person, authority or body applied, adopted or incorporated by any Rule publicly available if the AEMC—
(a) publishes the standard, rule, specification, method or document on the AEMC’s website; or
(b) specifies a place from which the standard, rule, specification, method or document may be obtained or purchased (as the case requires).
The AEMC may establish committees, panels and working groups to—
(a) provide advice on specified aspects of the AEMC’s functions; or
(b) undertake any other activity in relation to the AEMC’s functions as is specified by the AEMC.
(1) The MCE may give a written direction to the AEMC that the AEMC conduct a review into—
(a) any matter relating to a market for gas (including services provided in a market for gas); or
(b) any matter relating to access to pipelines or to pipeline services provided by means of pipelines; or
(c) the operation and effectiveness of the Rules; or
(d) any matter relating to the Rules; or
(e) the effectiveness of competition in a market for gas for the purpose of giving advice about whether to retain, remove or reintroduce price controls on prices for retail gas services.
(2) A direction given to the AEMC under this section is binding on the AEMC and must be complied with despite anything to the contrary in the Rules.
(3) A direction given under this section must be published in the South Australian Government Gazette.
(4) The AEMC must cause a direction given under this section to be published on its website.
(1) The terms of reference of a MCE directed review will be as specified in the direction given by the MCE.
The terms of reference may require a MCE directed review to be conducted—
(a) about a specific matter within a specified time; or
(b) whenever a specified event occurs; or
(c) on an annual basis.
(2) Without limiting subsection (1), the MCE may in its direction to the AEMC do 1 or more of the following:
(a) require the AEMC to give a report on a MCE directed review to the MCE within a specified period;
(b) require the AEMC to make the report on a MCE directed review publicly available or available to specified persons or bodies;
(c) require the AEMC to make a draft report publicly available or available to specified persons or bodies during a MCE directed review;
(d) require the AEMC to consider specified matters in the conduct of a MCE directed review;
(e) require the AEMC to have specified objectives in the conduct of a MCE directed review which need not be limited by the national gas objective;
(f) require the AEMC to assess a particular matter in relation to services provided in a market for gas against specified criteria or a specified methodology;
(g) require the AEMC—
(i) to assess a particular matter in relation to services provided in a market for gas; and
(ii) to develop appropriate and relevant criteria, or an appropriate and relevant methodology, for the purpose of the required assessment;
(h) give the AEMC other specific directions in respect of the conduct of a MCE directed review.
(1) The AEMC must publish notice of a MCE directed review on its website.
(2) The AEMC must publish a further such notice if a term of reference or a requirement or direction relating to the MCE directed review is varied.
Subject to any requirement or direction of the MCE, a MCE directed review—
(a) may be conducted in such manner as the AEMC considers appropriate; and
(b) may (but need not) involve public hearings.
(1) The AEMC may conduct a review into—
(a) the operation and effectiveness of the Rules; or
(b) any matter relating to the Rules.
(2) A review—
(a) may be conducted in such manner as the AEMC considers appropriate; and
(b) may (but need not) involve public hearings.
(3) During the course of a review, the AEMC may—
(a) consult with any person or body that it considers appropriate;
(b) establish working groups to assist it in relation to any aspect, or any matter or thing that is the subject of, the review;
(c) commission reports by other persons on its behalf on any aspect, or matter or thing that is the subject of, the review;
(d) publish discussion papers or draft reports.
(4) At the completion of a review, the AEMC must—
(a) give a copy of the report to the MCE; and
(b) publish a report or a version of a report from which confidential information has been omitted in accordance with section 331.
(1) In this section—
(a) a transmission pipeline that is not a scheme pipeline; and
(b) a distribution pipeline that is not a scheme pipeline.
(2) Without limiting any other provision, the Rules may provide for such things as—
(a) the collection, disclosure, verification, management and publication of information in relation to services that may be provided by a non‑scheme pipeline; and
(b) without limiting paragraph (a), requirements about the information that must be provided by service providers in relation to access (or potential access) to services provided by means of any non‑scheme pipeline, including information about—
(i) the terms and conditions on which the service provider is prepared to make a non‑scheme pipeline available for use by others; and
(ii) the procedures that the service provider will apply in determining a proposal for access to a non‑scheme pipeline; and
(iii) relevant prices, costs and methodologies associated with gaining access to (and using) a non‑scheme pipeline and relevant or related services; and
(iv) access contracts and arrangements used (or required to be used) by the service provider; and
(c) without limiting paragraphs (a) and (b), information to be provided by a service provider in response to a request for access to services provided by means of a non‑scheme pipeline; and
(d) requirements to ensure that information is accurate and complete; and
(e) requirements that relate to any matter that is contemplated by Chapter 4 Part 2 (as if a reference to a covered pipeline service provider in that Part were a reference to a service provider in relation to a non-scheme pipeline and subject to any modifications made by the Rules and subject to such other necessary alterations and modifications so as to apply those requirements in relation to non‑scheme pipelines); and
(f) the imposition or recovery of costs associated with any matter referred to in a preceding paragraph or otherwise associated with facilitating access (or potential access) to services provided by means of a non‑scheme pipeline.
(3) Nothing in subsection (2) limits any power to grant an exemption from complying with a provision, or part of a provision, of the Rules.
(4) A reference in subsection (2) with respect to gaining access (or potential access) to services provided by means of a non‑scheme pipeline includes a reference to services that will require an extension to, or expansion of the capacity of, a non‑scheme pipeline.
The AEMC must, at all times—
(a) maintain, on its website, a copy of the National Gas Rules, as in force from time to time; and
(b) make copies of the National Gas Rules, as in force from time to time, available to the public for inspection at its offices during business hours.
(1) The AEMC may charge a fee specified, or a fee calculated in accordance with a formula or methodology specified, in the Regulations for services provided by it in performing or exercising any of its functions or powers under this Law, the Regulations or the Rules.
(2) The fee must not be such as to amount to taxation.
(1) No personal liability attaches to an AEMC official for an act or omission in good faith in the performance or exercise, or purported performance or exercise of a function or power under this Law, the Regulations or the Rules.
(2) A liability that would, but for subsection (1), lie against an AEMC official lies instead against the AEMC.
(3) In this section—
(a) a member of the AEMC;
(b) the chief executive of the AEMC;
(c) a member of staff appointed by the AEMC.
(1) The Minister of this participating jurisdiction has the functions and powers conferred on him or her under this Law, the Regulations or the Rules.
(2) The Minister of this participating jurisdiction has power to do all things necessary or convenient to be done for or in connection with the performance of his or her functions.
(3) In this section—
(1) The Commonwealth Minister has the functions and powers conferred on him or her under this Law, the Regulations or the Rules.
(2) The Commonwealth Minister has power to do all things necessary or convenient to be done for or in connection with the performance of his or her functions.
(1) The NCC has the functions and powers conferred on it under this Law, the Regulations or the Rules.
(2) The NCC has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.
(1) The NCC must take all reasonable measures to protect from unauthorised use or disclosure information given to it in confidence in, or in connection with, the performance of its functions or the exercise of its powers under this Law, the Regulations or the Rules.
(2) For the purposes of subsection (1), the disclosure of information as required or permitted by this Law, a law of the Commonwealth, a State or Territory is taken to be authorised use and disclosure of the information.
(3) Disclosing information to 1 of the following is authorised use and disclosure of the information:
(a) the ACCC;
(b) the AER;
(c) the ERA;
(d) the AEMC;
(e) any staff or consultant assisting a body mentioned in paragraph (a) to (d) in performing its functions or exercising its powers;
(f) any other person or body prescribed by the Regulations for the purpose of this paragraph.
(4) A person or body to whom information is disclosed under subsection (3) may use the information for any purpose connected with the performance of the functions, or the exercise of the powers, of the person or body.
(5) The NCC may impose conditions to be complied with in relation to information disclosed under subsection (3).
(6) For the purposes of subsection (1), the use or disclosure of information by a person for the purposes of performing the person’s functions, or exercising the person’s powers, as—
(a) a Councillor or a person referred to in section 29M of the
Trade Practices Act 1974 of the Commonwealth; or(b) a person who is authorised to perform or exercise a function or power of, or on behalf of, the NCC,
is taken to be authorised use and disclosure of the information.
(7) Regulations made for the purposes of this section may specify uses of information and disclosures of information that are authorised uses and authorised disclosures for the purposes of this section.
(8) Nothing in any of the above subsections limits—
(a) anything else in any of those subsections; or
(b) what may otherwise constitute, for the purposes of subsection (1), authorised use or disclosure of information.
(9) In this section—
See also Chapter 10 Part 2 Division 2.
(1) The Tribunal has the functions and powers conferred on it under Chapter 8 Part 5 and any Regulations made for the purposes of that Division.
(2) The Tribunal has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.
(1) Any person may apply for a determination that a pipeline be a covered pipeline (a
coverage determination ).(2) An application for a coverage determination—
(a) is to be made to the NCC in accordance with the Rules; and
(b) must contain the information required by the Rules; and
(c) must be accompanied by the fee prescribed by the Regulations (if any).
Subject to section 94, on receiving an application under section 92 the NCC must deal with it in accordance with the Rules.
(1) This section applies if an application under section 92 is made in relation to a proposed pipeline after—
(a) an application has been made to the AER under the Rules for the approval, by the AER, of the tender process for the construction and operation of the proposed pipeline as a competitive tender process; or
(b) a tender approval decision has been made in respect of the tender process for the construction and operation of the proposed pipeline.
(2) The NCC may defer consideration of whether to make a recommendation in respect of the application until—
(a) the application for the approval, by the AER, of the tender process for the construction and operation of the proposed pipeline as a competitive tender process has been rejected by the AER under the Rules; or
(b) the tender approval decision—
(i) has been revoked under the Rules; or
(ii) has lapsed as provided under the Rules.
(1) Subject to sections 94 and 96, the NCC must recommend to the relevant Minister that the pipeline the subject of the application—
(a) be a covered pipeline; or
(b) not be a covered pipeline.
See also Chapter 3 Part 2 Division 1 Subdivision 1.
(2) A recommendation under this section must—
(a) be made in accordance with this Law and the Rules; and
(b) be made within the time specified by the Rules; and
(c) contain the information required by the Rules; and
(d) be given to the persons specified by the Rules; and
(e) be made publicly available in accordance with the Rules.
(3) A recommendation under this section may recommend an outcome different from the outcome sought in the application under section 92.
An applicant may apply for a determination that the whole of a pipeline be a covered pipeline. The NCC may recommend that only a part of the pipeline the subject of the application be covered or may recommend that the pipeline not be covered.
(4) A recommendation under this section must be delivered to the relevant Minister without delay.
Despite anything to the contrary in this Division, the NCC—
(a) must not make a recommendation under section 95 if the pipeline is the subject of a tender approval decision that—
(i) has not lapsed as provided under the Rules; or
(ii) is not revoked under the Rules; and
(b) must, for the purposes of paragraph (a), treat the application as having never been made.
(1) In making a coverage recommendation, the NCC—
(a) must give effect to the pipeline coverage criteria; and
(b) in deciding whether or not the pipeline coverage criteria are satisfied must have regard to the national gas objective.
(2) 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 in favour of the pipeline being a covered pipeline;
(b) if the NCC is not satisfied that all the pipeline coverage criteria are satisfied in relation to the pipeline—the recommendation must be against the pipeline being a covered pipeline.
(1) The NCC must, as part of a coverage recommendation, classify the pipeline the subject of an application under section 92 as a transmission pipeline or a distribution pipeline (an
initial classification decision ). In doing so, the NCC must apply the pipeline classification criterion.(2) The NCC must as part of an initial classification decision—
(a) if it classifies the pipeline the subject of the application as a transmission pipeline—determine whether the transmission pipeline is also a cross boundary transmission pipeline;
(b) if it classifies the pipeline the subject of the application as a distribution pipeline—determine whether the distribution pipeline is also a cross boundary distribution pipeline.
(3) The NCC must also determine, as part of an initial classification decision, the participating jurisdiction with which the pipeline the subject of the application under section 92 is most closely connected if the NCC determines the pipeline is also a cross boundary distribution pipeline. In doing so, the NCC must apply the pipeline classification criterion.
(1) On receiving a coverage recommendation, the relevant Minister must decide whether to make a coverage determination in respect of the pipeline to which the recommendation relates.
(2) The relevant Minister must use his or her best endeavours to make the decision within 20 business days after receiving the coverage recommendation.
(3) If the relevant Minister is unable to make the decision within the period specified under subsection (2), he or she must make the decision as soon as reasonably practicable after the end of the specified period.
(4) The relevant Minister, for the purpose of making the decision, may request submissions or comments in relation to an application under section 92.
(5) A coverage determination or a decision not to make a coverage determination must—
(a) be made in accordance with this Law and the Rules; and
(b) contain the information required by the Rules; and
(c) be given to the persons specified by the Rules; and
(d) be made publicly available in accordance with the Rules.
(6) In the case of a coverage determination, the determination must specify the date the determination takes effect.
(7) A coverage determination may have an outcome different to the outcome—
(a) sought in the application under section 92; or
(b) of the coverage recommendation.
An applicant may apply for a determination that the whole of a pipeline be a covered pipeline. The NCC may recommend that only a part of the pipeline the subject of the application be covered. The relevant Minister may determine that different parts of the pipeline to those recommended by the NCC be covered.
(1) In deciding whether to make a coverage determination under this Division, 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 the coverage recommendation; and
(iii) must take into account any submissions or comments he or she receives on a request under section 99(4); and
(iv) may take into account any relevant submissions and comments made to the NCC by the public under the Rules in relation to the application.
(2) The relevant Minister gives effect to the pipeline coverage criteria as follows:
(a) if the relevant Minister is satisfied that all the pipeline coverage criteria are satisfied in relation to the pipeline—the Minister must make a coverage determination;
(b) if the relevant Minister is not satisfied that all the pipeline coverage criteria are satisfied in relation to the pipeline—the Minister must not make a coverage determination.
The pipeline the subject of a coverage determination becomes a covered pipeline—
(a) when the coverage determination takes effect; and
(b) continues to be a covered pipeline while the coverage determination remains in effect.
(1) Any person may apply for a determination that a covered pipeline no longer be a covered pipeline (a
coverage revocation determination ).(2) An application for a coverage revocation determination—
(a) is to be made to the NCC in accordance with the Rules; and
(b) must contain the information required by the Rules; and
(c) must be accompanied by the fee prescribed by the Regulations (if any).
On receiving an application under section 102, the NCC must deal with it in accordance with the Rules.
(1) The NCC must make a recommendation to the relevant Minister as to whether the covered pipeline the subject of the application should continue to be a covered pipeline.
See also section 119.
(2) A recommendation under this section must—
(a) be made in accordance with this Law and the Rules; and
(b) be made within the time specified by the Rules; and
(c) contain the information required by the Rules; and
(d) be given to the persons specified by the Rules; and
(e) be made publicly available in accordance with the Rules.
(3) A recommendation under this section may recommend an outcome different from the outcome sought in the application under section 102.
A service provider may apply for a determination that revokes the coverage of the covered pipeline by means of which the provider provides pipeline services. The NCC may recommend that the coverage of the covered pipeline be only partly revoked or not be revoked.
(4) A recommendation under this section must be delivered to the relevant Minister without delay.
(1) In making a coverage revocation recommendation, the NCC—
(a) must give effect to the pipeline coverage criteria; and
(b) in deciding whether or not the pipeline coverage criteria are satisfied must have regard to the national gas objective.
(2) 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 in favour of the pipeline continuing to be a covered pipeline;
(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 the pipeline no longer being a covered pipeline.
(1) On receiving a coverage revocation recommendation, the relevant Minister must decide whether to make a coverage revocation determination in respect of the pipeline to which the recommendation relates.
(2) The relevant Minister must use his or her best endeavours to make the decision within 20 business days after receiving the coverage revocation recommendation.
(3) If the relevant Minister is unable to make the decision within the period specified under subsection (2), he or she must make the decision as soon as reasonably practicable after the end of the specified period.
(4) The relevant Minister, for the purpose of making the decision, may request submissions or comments in relation to an application under section 102.
(5) A coverage revocation determination or a decision not to make a coverage revocation determination must—
(a) be made in accordance with this Law and the Rules; and
(b) contain the information required by the Rules; and
(c) be given to the persons specified by the Rules; and
(d) be made publicly available in accordance with the Rules.
(6) In the case of a coverage revocation determination, the determination must specify the date the determination takes effect.
(7) A coverage revocation determination may have an outcome different to the outcome—
(a) sought in the application under section 102; or
(b) of the coverage revocation recommendation.
A service provider may apply for a determination that revokes the coverage of the covered pipeline by means of which the provider provides pipeline services. The NCC may recommend that the coverage of the covered pipeline be only partly revoked. The relevant Minister may make a determination that revokes coverage of different parts of the covered pipeline to those parts in relation to which the NCC recommended coverage be revoked.
(1) In deciding whether to make a coverage revocation determination under this Division, 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 the coverage revocation recommendation; and
(iii) must take into account any submissions or comments he or she receives on a request under section 106(4); and
(iv) may take into account any relevant submissions and comments made to the NCC by the public under the Rules in relation to the application.
(2) The relevant Minister gives effect to the pipeline coverage criteria as follows:
(a) if the relevant Minister is satisfied that all the pipeline coverage criteria are satisfied in relation to the pipeline—the Minister must not make a coverage revocation determination;
(b) if the relevant Minister is not satisfied that all the pipeline coverage criteria are satisfied in relation to the pipeline—the Minister must make a coverage revocation determination.
The pipeline the subject of a coverage revocation determination ceases to be a covered pipeline when the coverage revocation determination takes effect.
This Subdivision applies if—
(a) an application has been made under section 92 for a coverage determination; and
(b) the pipeline the subject of the application is not a designated pipeline.
(1) The NCC must decide whether to make a determination that the pipeline services provided or to be provided by means of the pipeline are light regulation services (a
light regulation determination ).(2) The NCC must make its decision under subsection (1)—
(a) at the same time as it makes the coverage recommendation; and
(b) within the time it must make the coverage recommendation.
(3) A light regulation determination or a decision not to make a light regulation determination must—
(a) be made in accordance with this Law and the Rules; and
For example, see section 122.
(b) be attached to the coverage recommendation; and
(c) contain the information required by the Rules.
If the NCC makes a light regulation determination, and the relevant Minister makes the coverage determination, the service provider may submit a limited access arrangement in respect of the light regulation services to the AER for approval: see section 116.
This Subdivision applies if a service provider provides pipelines services—
(a) by means of a covered pipeline that is not a designated pipeline; and
(b) to which an applicable access arrangement approved or made under a full access arrangement decision applies.
(1) A service provider may apply to the NCC for a determination that pipeline services provided by the service provider by means of a covered pipeline be light regulation services (a
light regulation determination ).(2) An application must—
(a) be in accordance with the Rules; and
(b) contain the information required by the Rules.
(3) An application may only be made in respect of all of the pipeline services provided by means of the covered pipeline.
On receiving an application under section 112, the NCC must deal with it in accordance with the Rules.
(1) The NCC must decide whether to make a light regulation determination within—
(a) 4 months after receiving an application under section 112; or
(b) if the Rules specify a later period, that period.
(2) A light regulation determination or a decision not to make a light regulation determination must—
(a) be made in accordance with this Law and the Rules; and
For example, see section 122.
(b) contain the information required by the Rules; and
(c) be given to the persons specified by the Rules; and
(d) be made publicly available in accordance with the Rules.
If the NCC makes a light regulation determination, the service provider may submit a limited access arrangement in respect of the light regulation services to the AER for approval: see section 116.
(1) A light regulation determination takes effect—
(a) in the case of a light regulation determination made under Subdivision 1—on the day the relevant coverage determination takes effect;
(b) in the case of a light regulation determination made under Subdivision 2—60 business days after the light regulation determination is made.
(2) A light regulation determination continues in operation until—
(a) it is revoked by operation of section 117(5); or
(b) a decision under section 119(2) or 120 takes effect; or
(c) it is revoked by operation of section 123(2); or
(d) it is revoked by operation of section 124.
(1) A service provider may, in respect of light regulation services the service provider provides or intends to provide, submit a limited access arrangement to the AER for approval by the AER under the Rules.
(2) If the service provider chooses to submit a limited access arrangement in accordance with subsection (1), the limited access arrangement must—
(a) be submitted in accordance with the Rules; and
(b) contain the information required by the Rules.
(3) A service provider must submit to the AER, for approval by the AER under the Rules, revisions to an applicable access arrangement that is a limited access arrangement and that applies to the light regulation services the provider provides—
(a) in accordance with the Rules; and
(b) within the period specified by the Rules.
(1) A service provider may advise the NCC that it wishes that the pipeline services it provides cease to be light regulation services.
(2) An advice under subsection (1) must be in writing.
(3) On receiving an advice under subsection (1), the NCC must, without delay, publish notice of receipt of that advice on its website.
(4) On publication of a notice under subsection (3) the service provider must comply with section 132.
(5) The light regulation determination applying to the pipeline services is, by force of this section, revoked on the same day that an access arrangement that applies to the pipeline services provided by that service provider is, as the case requires, approved or made under a full access arrangement decision.
(6) On the revocation of the light regulation determination the pipeline services to which the light regulation determination applied cease to be light regulation services.
(1) A person (other than the service provider who provides light regulation services) may apply to the NCC for the revocation of a light regulation determination relating to those services.
(2) An application under subsection (1) must—
(a) be in accordance with the Rules; and
(b) contain the information required by the Rules.
(1) This section applies if an application is made under section 118 and—
(a) there is an application for a coverage revocation determination under section 102 under consideration—
(i) in respect of the covered pipeline by means of which the light regulation services the subject of the application under section 118 are provided; and
(ii) in respect of which the NCC has not made a coverage revocation recommendation; or
(b) an application for a coverage revocation determination is made under section 102 in respect of the covered pipeline by means of which the light regulation services the subject of the application under section 118 are provided—
(i) after the application under section 118; but
(ii) before the NCC makes its decision in respect of the application under section 118.
(2) Despite anything to the contrary in this Part, the NCC must make its decision in respect of the application under this section.
(3) On receiving the application under section 118, the NCC must decide whether to revoke the light regulation determination.
(4) The NCC must make its decision under subsection (3)—
(a) at the same time as it makes the coverage revocation recommendation; and
(b) within the time it must make the coverage revocation recommendation.
(5) A decision under subsection (3) must—
(a) be made in accordance with this Law and the Rules; and
For example, see section 122.
(b) be attached to the coverage revocation recommendation; and
(c) contain the information required by the Rules.
(1) This section applies if—
(a) an application is made under section 118; and
(b) no application for a coverage revocation determination in respect of the covered pipeline (by means of which the light regulation services the subject of the application under section 118) are provided is made before the NCC makes its decision in respect of the application under section 118.
(2) Subject to this section, on receiving an application under section 118 the NCC must deal with it in accordance with the Rules.
(3) The NCC must decide whether to revoke a light regulation determination within—
(a) 4 months after receiving an application under section 118; or
(b) if the Rules specify a later period, that period.
(4) A decision under this section must—
(a) be made in accordance with this Law and the Rules; and
For example, see section 122.
(b) contain the information required by the Rules; and
(c) be given to the persons specified by the Rules; and
(d) be made publicly available in accordance with the Rules.
(1) Subject to section 124, on the making of a decision under section 119(2) or 120 revoking a light regulation determination, the service provider must comply with section 132.
(2) However, the decision under section 119(2) or 120 revoking a light regulation determination does not take effect until an access arrangement that applies to the pipeline services provided by that service provider is approved or made under a full access arrangement decision.
(3) The effect of a decision under section 119(2) or 120 revoking a light regulation determination is that the pipeline services to which the light regulation determination applied cease to be light regulation services.
(1) In deciding whether to make a light regulation determination under Division 1 or to revoke a light regulation determination under Division 2, the NCC must consider—
(a) the likely effectiveness of the forms of regulation provided for under this Law and the Rules to regulate the provision of the pipeline services (the subject of the application) to promote access to pipeline services; and
(b) the effect of the forms of regulation provided for under this Law and the Rules on—
(i) the likely costs that may be incurred by an efficient service provider; and
(ii) the likely costs that may be incurred by efficient users and efficient prospective users; and
(iii) the likely costs of end users.
The forms of regulation provided for under this Law and the Rules to regulate the provision of the pipeline services by means of a covered pipeline are—
(a) making a light regulation determination so that those services become light regulation services;
(b) not making a light regulation determination so that those services are regulated under a full access arrangement decision that approves or makes the applicable access arrangement that applies to those services.
(2) In doing so, the NCC—
(a) must have regard to the national gas objective; and
(b) must have regard to the form of regulation factors; and
(c) may have regard to any other matters it considers relevant.
(1) This section applies if—
(a) a light regulation determination has been made in respect of pipeline services; but
(b) the pipeline by means of which those services will be provided does not become a covered pipeline because the relevant Minister, contrary to a coverage recommendation recommending coverage, makes a decision not to make a coverage determination.
(2) The light regulation determination is, by force of this section, revoked on the same day as the relevant Minister’s decision not to make a coverage determination takes effect.
If a pipeline by means of which light regulation services are provided ceases to be a covered pipeline because of a coverage revocation determination—
(a) the light regulation determination applying to the light regulation services provided by means of that pipeline is, by force of this section, revoked on the same day the coverage revocation determination takes effect; and
(b) to avoid doubt, the light regulation services to which that determination applied cease to be light regulation services on the same day.
(1) The MCE may request the AER to conduct a review into, and report to it as to, whether a pipeline should continue to be a designated pipeline.
(2) A service provider that provides pipeline services by means of a designated pipeline may request the AER to conduct a review into, and report to the MCE as to, whether that pipeline should continue to be a designated pipeline.
(3) A request under subsection (1) or (2) must be in writing.
(4) On receiving a request under this section, the AER must conduct a review as to whether the pipeline the subject of the request should continue to be a designated pipeline.
(5) In conducting a review under this section, the AER must—
(a) have regard to—
(i) the national gas objective; and
(ii) whether there has been a material change in competition in a market served by the designated pipeline; and
(b) consult, in accordance with the Rules, with the public.
(6) On the completion of a review under this section, the AER must prepare a report and—
(a) give the report to the MCE; and
(b) publish the report on its website.
(7) The AER must also give a copy of the report to the service provider that has requested the review.
(1) A pipeline to which a tender approval decision relates is deemed to be a covered pipeline on and from the date the tender approval decision becomes irrevocable by operation of the Rules.
(2) The pipeline ceases to be a covered pipeline—
(a) if there is an applicable access arrangement that applies to the pipeline services provided, or that are to be provided by means of that pipeline—when that arrangement expires; or
(b) when a coverage revocation determination made in respect of that pipeline takes effect.
Under the Rules, the NCC will—
(a) classify the pipeline to be constructed and operated in accordance with an approved tender process as a cross boundary transmission pipeline, cross boundary distribution pipeline, transmission pipeline or distribution pipeline; and
(b) determine the relevant Minister for the purposes of that pipeline.
(1) This section applies if—
(a) a service provider voluntarily submits to the AER for approval by the AER, under the Rules, a full access arrangement that will apply to the pipeline services provided, or that are to be provided, by means of a pipeline; and
(b) that pipeline is not a covered pipeline.
(2) The pipeline is deemed to be a covered pipeline on the day the voluntarily submitted full access arrangement takes effect as an applicable access arrangement.
(3) The pipeline ceases to be a covered pipeline—
(a) when the applicable access arrangement that applies to the pipeline services provided, or that are to be provided, expires; or
(b) when a coverage revocation determination is made in respect of that pipeline takes effect.
Under the Rules, the NCC will—
(a) classify the pipeline (by means of which the pipeline services to which the arrangement relates are provided) as a cross boundary transmission pipeline, cross boundary distribution pipeline, transmission pipeline or distribution pipeline; and
(b) determine the relevant Minister for the purposes of that pipeline.
(1) A service provider may, in respect of a pipeline by means of which the service provider provides pipeline services, apply to the NCC for the pipeline to be reclassified as—
(a) if the pipeline is a transmission pipeline—a distribution pipeline; or
(b) if the pipeline is a distribution pipeline—a transmission pipeline.
(2) The application must be accompanied by the fee prescribed by the Regulations (if any).
(1) The NCC must make a decision (a
reclassification decision ) within—(a) 4 months after receiving an application under section 128; or
(b) if the Rules specify a later period, that period.
(2) A reclassification decision must—
(a) be made in accordance with this Law and the Rules; and
(b) contain the information required by the Rules; and
(c) be given to the persons specified by the Rules; and
(d) be made publicly available in accordance with the Rules.
(3) In making a reclassification decision, the NCC must have regard to—
(a) the national gas objective; and
(b) the pipeline classification criterion.
(4) The NCC must also as part of the reclassification decision—
(a) if it reclassifies the pipeline the subject of the application as a transmission pipeline—determine whether the transmission pipeline is also a cross boundary transmission pipeline;
(b) if it reclassifies the pipeline the subject of the application as a distribution pipeline—determine whether the distribution pipeline is also a cross boundary distribution pipeline.
(5) If, under subsection (4), the NCC determines that a pipeline reclassified as a distribution pipeline is also a cross boundary distribution pipeline, the NCC must determine the participating jurisdiction with which the cross boundary distribution pipeline is most closely connected. In doing so, the NCC must have regard to the jurisdictional determination criteria.
On the making of a reclassification decision—
(a) the pipeline is, in accordance with the decision, reclassified as either a transmission pipeline or distribution pipeline; and
(b) the relevant Minister in respect of the pipeline is the relevant Minister as provided under this Law.
A covered pipeline service provider must not provide a pipeline service by means of a covered pipeline unless the service provider is—
(a) a legal entity registered under the
Corporations Act 2001 of the Commonwealth; or(b) a foreign company; or
(c) a corporation established by or under a law of this jurisdiction or another participating jurisdiction, whether or not that corporation has been established for a public purpose; or
(d) the Crown in right of this jurisdiction or another participating jurisdiction; or
(e) a person referred to in paragraph (a) to (d) and that person provides a pipeline service by means of a covered pipeline together with another person referred to in paragraph (a) to (d).
(1) A covered pipeline service provider must submit to the AER, for approval by the AER under the Rules, a full access arrangement or revisions to an applicable access arrangement that is a full access arrangement, in respect of the pipeline services the provider provides or intends to provide—
(a) in the circumstances specified by the Rules; and
(b) within the period of time specified by the Rules.
(2) Subsection (1) does not apply—
(a) if the pipeline services that are, or are intended to be, provided by the service provider light regulation services; or
(b) to the extent the Rules provide subsection (1) is not to apply.
A service provider who provides or intends to provide pipeline services by means of an international pipeline to which a price regulation applies must submit a limited access arrangement to the AER for approval: see section 168.
(1) A person who is—
(a) a covered pipeline service provider; or
(b) a person who—
(i) is a party to an agreement with a service provider relating to a pipeline service provided by means of a covered pipeline; or
(ii) as a result of an access determination is entitled to a pipeline service provided by means of a covered pipeline; or
(c) an associate of a service provider or a person referred to in paragraph (b),
must not engage in conduct for the purpose of preventing or hindering the access of another person to a pipeline service provided by means of the covered pipeline.
(2) 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.
(3) 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.
(4) Subsection (3) does not limit the manner in which the purpose of a person may be established for the purpose of subsection (1).
(5) 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 pipeline service or, without reasonable grounds, limiting or disrupting a pipeline 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.
(6) Subsection (1) does not apply to conduct engaged in in accordance with an agreement, if the agreement was in force on 30 March 1995.
An example of conduct which may be prohibited if the requisite purpose is established is refusing to supply, or limiting or disrupting the supply of, a pipeline service to a user or prospective user for technical or safety reasons without reasonable grounds.
(1) If a producer states terms and conditions (whether or not including the price) (
the first terms ) on which the producer offers to supply natural gas through a covered pipeline that is in operation at the time of the offer to a person at a place other than the exit flange of the producer’s processing plant, the producer must, on request by the person, state terms and conditions (including the price, if the price was included in the first terms) (the second terms ) on which the producer will supply natural gas to the person at the exit flange.(2) If there is a difference in the price stated in the first terms and the second terms, the producer must include in the second terms a statement of the reasons for the difference.
(3) If the producer offers to supply natural gas to a person at a place other than the exit flange of the producer’s processing plant, the producer must, on request, offer to supply the gas at the exit flange on the terms and conditions (including price) stated in accordance with this section.
A covered pipeline service provider must comply with the queuing requirements of an applicable access arrangement.
(1) A covered pipeline service provider must not engage in price discrimination when providing light regulation services.
(2) Subsection (1) does not apply if the covered pipeline service provider engages in price discrimination that is conducive to efficient service provision.
In this Part—
(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.
(1) A person is marketing staff of—
(a) a covered pipeline service provider, if the person—
(i) is an officer, employee, consultant or independent contractor or agent of the covered pipeline service provider; and
(ii) is directly involved in the sale, marketing or advertising of pipeline services (whether or not the person is also involved in other activities);
(b) an associate of a covered pipeline service provider, if the person—
(i) is an officer, employee, consultant or independent contractor or agent of the associate; and
(ii) is directly involved in the sale, marketing or advertising of pipeline services (whether or not the person is also involved in other activities).
(2) A person is not marketing staff of a covered pipeline service provider, or an associate of a covered pipeline service provider, if—
(a) the person’s function or role (as an officer, employee, consultant or independent contractor or agent of a covered pipeline service provider, or an associate of a covered pipeline service provider) is only to provide technical, administrative, legal and accounting services to that provider or associate; or
(b) the sale, marketing or advertising of pipeline services is only an incidental part of the person’s function or role (as an officer, employee, consultant or independent contractor or agent of a covered pipeline service provider, or an associate of a covered pipeline service provider).
A person in the position of general manager of marketing of a covered pipeline service provider or an associate of a covered pipeline service provider would be marketing staff whereas a person in the position of chief executive officer, or chief financial officer, of a covered pipeline service provider or an associate of a covered pipeline service provider would not be marketing staff.
On and after the compliance date, a covered pipeline service provider must not carry on a related business.
(1) On and after the compliance date, a covered pipeline service provider must ensure that none of its marketing staff are officers, employees, consultants, independent contractors or agents of an associate of the covered pipeline service provider that takes part in a related business.
(2) On and after the compliance date, a covered pipeline service provider must ensure that none of its officers, employees, consultants, independent contractors or agents are marketing staff of an associate of the covered pipeline service provider that takes part in a related business.
On and after the compliance date, a covered pipeline service provider must prepare, maintain and keep—
(a) separate accounts in respect of pipeline services provided by means of every covered pipeline owned, operated or controlled by the covered pipeline service provider; and
(b) a consolidated set of accounts in respect of the whole of the business of the covered pipeline service provider.
This Division does not limit Division 2.
(1) Subject to this Division and subject to and in accordance with the Rules, the AER may make a determination requiring a covered pipeline service provider or associate of a covered pipeline service provider named in the determination to do, or refrain from doing, a thing specified in the determination (an
additional ring fencing requirement ).(2) In specifying an additional ring fencing requirement the AER must have regard to the following principles:
(a) in the case where 1 part of the business of a covered pipeline service provider (
business unit A ) is providing pipeline services to another part of the business of the covered pipeline service provider (business unit B ), the covered pipeline service provider must ensure that business unit A provides the pipeline services to business unit B as if business unit B were a separate unrelated entity;(b) in the case where a covered pipeline service provider is providing pipeline services to an associate of the service provider, the covered pipeline service provider must ensure that those services are provided as if the associate of the covered pipeline service provider were a separate unrelated entity;
(c) users and prospective users should have sufficient information in order to understand whether a covered pipeline service provider is complying with paragraph (a) or (b).
(3) The AER must—
(a) notify, in writing, the covered pipeline service provider or associate named in the AER ring fencing determination of the making of that determination; and
(b) give the covered pipeline service provider or associate a copy of the AER ring fencing determination.
(4) An AER ring fencing determination must specify the date on and after which the covered pipeline service provider or associate of a covered pipeline service provider must do, or refrain from doing, a thing specified in the determination (a
notified compliance date ).(5) A notified compliance date must not be a date that is earlier than 10 business days after the date the covered pipeline service provider or associate of a covered pipeline service provider is given a copy of the AER ring fencing determination.
(6) A covered pipeline service provider or associate of a covered pipeline service provider must comply with every additional ring fencing requirement specified in an AER ring fencing determination on and after the notified compliance date.
In making an AER ring fencing determination the AER must have regard to the likely costs that may be incurred by, as the case requires—
(a) an efficient covered pipeline service provider; or
(b) an efficient associate of a covered pipeline service provider,
in complying with an additional ring fencing requirement specified in the determination.
Without limiting what may be specified as an additional ring fencing requirement, the AER, in an AER ring fencing determination, may require a covered pipeline service provider to—
(a) ensure that its business and business activities are conducted, structured and arranged in the particular manner specified;
An AER ring fencing determination may require the covered pipeline service provider to ensure that persons employed or engaged by the covered pipeline service provider in relation to the provision of pipeline services are not also associates, or employed by associates, of the covered pipeline service provider that take part in a related business and how this must be effected.
An AER ring fencing determination may require the covered pipeline service provider to put in place electronic, physical and procedural security measures in respect of the offices and computer systems of the covered pipeline service provider, and of the offices and computer systems of its associates, so that certain specified employees or persons engaged by the covered pipeline service provider do not have access to certain specified information.
(b) in a specified manner, disclose, to the AER and to the public, specified information in a specified manner about its business operations, structure and arrangements, and its business activities.
(1) A covered pipeline service provider may, in accordance with the Rules, apply to the AER for an exemption from—
(a) the requirement under section 139; or
(b) a requirement under section 140; or
(c) the requirement under section 141.
(2) On receiving an application under subsection (1), the AER, subject to and in accordance with the Rules, may exempt a covered pipeline service provider from—
(a) the requirement under section 139; or
(b) a requirement under section 140; or
(c) the requirement under section 141.
A covered pipeline service provider must not—
(a) enter into an associate contract that has; or
(b) vary an associate contract so that contract, as varied, has; or
(c) give effect to a provision of an associate contract that has,
the purpose, or would have or be likely to have the effect, of substantially lessening competition in a market for natural gas services unless—
(d) that associate contract is an approved associate contract; or
(e) that provision is contained in an approved associate contract.
(1) A covered pipeline service provider must not—
(a) enter into an associate contract that is; or
(b) vary an associate contract so that contract, as varied, is; or
(c) give effect to a provision of an associate contract that is,
inconsistent with the competitive parity rule unless—
(d) that associate contract is an approved associated contract; or
(e) that provision is contained in an approved associate contract.
(2) For the purposes of subsection (1), and any Rules made for the purposes of that subsection, the competitive parity rule is the rule that a covered pipeline service provider must ensure that any pipeline services that the covered pipeline service provider provides to an associate of the covered pipeline service provider are provided to that associate as if that associate were a separate unrelated entity.
In this Chapter—
(a) a pipeline that is to be 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 to an existing pipeline that is not a covered pipeline; or
(c) a major extension to a covered pipeline by means of which light regulation services are provided if that extension is exempted by the AER under section 19.
An international pipeline is, for the purposes of this Chapter, a transmission pipeline.
(1) If a greenfields pipeline project is proposed, or has commenced, the service provider may, before the pipeline is commissioned, apply for a determination (a
15‑year no‑coverage determination ) exempting the pipeline from being a covered pipeline.(2) If a price regulation exemption has been granted for an international pipeline, an application for a 15‑year 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.
(3) An application for a 15‑year no‑coverage determination—
(a) is to be made to the NCC; and
(b) must include a description of the pipeline that meets the requirements specified by the Rules; and
(c) must contain the information required by the Rules; and
(d) need not describe, or include details of, excluded infrastructure; and
(e) must be accompanied by the fee prescribed by the Regulations (if any).
(4) In this section—
On receiving an application under section 151, the NCC must deal with it in accordance with the Rules.
(1) The NCC must make a recommendation recommending to the relevant Minister that the pipeline the subject of the application—
(a) be exempted from being a covered pipeline for a period of 15 years; or
(b) not be exempted from being a covered pipeline for a period of 15 years.
(2) A recommendation under this section must—
(a) be made in accordance with this Law and the Rules; and
(b) be made within the time specified by the Rules; and
(c) contain the information required by the Rules; and
(d) be given to the persons specified by the Rules; and
(e) be made publicly available in accordance with the Rules.
(3) A recommendation under this section may recommend an outcome different to the outcome sought in the application under section 151.
An applicant may apply for a 15‑year no‑coverage determination in relation to the whole pipeline. The NCC may recommend that only a part of the pipeline the subject of the application be subject to a 15‑year no‑coverage determination.
(4) A recommendation under this section must be delivered to the relevant Minister without delay.
(1) In making a no‑coverage recommendation, the NCC—
(a) must give effect to the pipeline coverage criteria; and
(b) in deciding whether or not the pipeline coverage criteria are satisfied must have regard to the national gas objective.
(2) 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 15‑year 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 15‑year no coverage determination.
(1) If the pipeline the subject of an application under section 151 is not an international pipeline, the NCC must, as part of a no‑coverage recommendation, classify the pipeline as a transmission pipeline or a distribution pipeline (an
initial classification decision ). In doing so, the NCC must apply the pipeline classification criterion.(2) The NCC must as part of an initial classification decision—
(a) if it classifies the pipeline the subject of the application as a transmission pipeline—determine whether the transmission pipeline is also a cross boundary transmission pipeline; or
(b) if it classifies the pipeline the subject of the application as a distribution pipeline—determine whether the distribution pipeline is also a cross boundary distribution pipeline.
(3) The NCC must also determine, as part of an initial classification decision, the participating jurisdiction with which the pipeline the subject of the application under section 151 is most closely connected if the NCC determines the pipeline is also a cross boundary distribution pipeline. In doing so, the NCC must have regard to the jurisdictional determination criteria.
(1) On receiving a no‑coverage recommendation the relevant Minister must decide whether or not to make a 15‑year no‑coverage determination in respect of the pipeline to which the recommendation relates.
(2) The relevant Minister must use his or her best endeavours to make the decision within 30 business days after receiving the coverage recommendation.
(3) If the relevant Minister is unable to make the decision within the period specified under subsection (2), he or she must make the decision as soon as reasonably practicable after the end of the specified period.
(4) The relevant Minister, for the purpose of making the decision, may request submissions or comments in relation to an application under section 151.
(5) A 15‑year no‑coverage determination or a decision not to make a 15‑year no‑coverage determination must—
(a) be made in accordance with this Law and the Rules; and
(b) contain the information required by the Rules; and
(c) be given to the persons specified by the Rules; and
(d) be made publicly available in accordance with the Rules.
(6) A 15‑year no‑coverage determination may have an outcome different to the outcome—
(a) sought in the application under section 151; or
(b) of the no‑coverage recommendation.
An applicant may apply for a 15‑year no‑coverage determination in relation to the whole pipeline. The NCC may recommend that only a part of the pipeline the subject of the application be subject to a 15‑year no‑coverage determination. The relevant Minister may make a 15‑year no‑coverage determination that applies to different parts of the pipeline to those recommended by the NCC be subject to the determination.
(1) In deciding whether to make a 15‑year no‑coverage determination under this Part, 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 the no‑coverage recommendation; and
(iii) must take into account any submissions or comments he or she receives on a request under section 156(4); and
(iv) may take into account any relevant submissions and comments made to the NCC by the public under the Rules in relation to the application.
(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 15‑year 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 15‑year no‑coverage determination.
(1) A 15‑year no‑coverage determination—
(a) takes effect on and from the date specified in the determination; and
(b) continues in operation for a period of 15 years from the commissioning of the pipeline.
(2) An application for coverage of a pipeline to which a 15‑year no‑coverage determination applies can be made before the end of the period for which the determination remains in operation only if the coverage sought in the application is to commence from, or after, the end of that period.
(1) If—
(a) the Commonwealth Minister decides against making a 15‑year 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 Chapter 5 Part 3.
(2) If the Commonwealth Minister decides to treat an application for a 15‑year no‑coverage determination as an application for a price regulation exemption, the Commonwealth Minister may—
(a) refer the application to the NCC for a recommendation under Chapter 5 Part 3; or
(b) proceed to determine the application without a recommendation under Chapter 5 Part 3.
(1) 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.
(2) An application for a price regulation exemption—
(a) is to be made to the NCC; and
(b) must include a description of the pipeline that meets the requirements specified by the Rules; and
(c) must contain the information required by the Rules; and
(d) need not describe, or include details of, excluded infrastructure; and
(e) must be accompanied by the fee prescribed by the Regulations (if any).
(3) In this section—
On receiving an application under section 160, the NCC must deal with it in accordance with the Rules.
(1) The NCC must make a recommendation to the Commonwealth Minister as to whether the Minister should grant a price regulation exemption for the pipeline the subject of the application.
(2) A recommendation under this section must—
(a) be made in accordance with this Law and the Rules; and
(b) be made within the time specified by the Rules; and
(c) contain the information required by the Rules; and
(d) be given to the persons specified by the Rules; and
(e) be made publicly available in accordance with the Rules.
(3) A recommendation under this section must be delivered to the Commonwealth Minister without delay.
(1) In making 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.
(2) 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.
(1) On receiving the NCC’s recommendation under section 162, the Commonwealth Minister must decide whether to grant a price regulation exemption.
(2) The Commonwealth Minister must use his or her best endeavours to make the decision within 10 business days after receiving the NCC’s recommendation.
(3) If the Commonwealth Minister is unable to make the decision within the period specified under subsection (2), he or she must make the decision as soon as reasonably practicable after the end of the specified period.
(4) A decision under this section must—
(a) be made in accordance with this Law and the Rules; and
(b) contain the information required by the Rules; and
(c) be given to the persons specified by the Rules; and
(d) be made publicly available in accordance with the Rules.
(1) In deciding whether to make a decision to grant a price regulation exemption, the Commonwealth Minister must weigh the benefits to the public of granting the exemption against the detriments to the public.
(2) 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 the NCC’s recommendation; and
(c) may take into account any relevant submissions and comments made to the NCC by the public under the Rules in relation to the application; and
(d) may have regard to any other relevant matter.
A price regulation exemption granted under this Part is subject to the following conditions:
(a) the service provider must publish on its website prices for the provision of pipeline services by means of the international pipeline; and
(b) the service provider’s limited access arrangement and the register of spare capacity are to be accessible on the service provider’s website; and
(c) the service provider—
(i) must, as and when required by the AER or the Commonwealth Minister, provide information requested by the AER or the Commonwealth Minister (in a manner and form determined or approved by the AER or the Commonwealth Minister) on access negotiations and the result of access negotiations; and
(ii) must report annually to the AER and the Commonwealth Minister (in a manner and form approved by the AER or the Commonwealth Minister) on access negotiations and the result of access negotiations.
See also sections 168 and 169(3).
(1) If a price regulation exemption is granted, then for a period of 15 years from the commissioning of the pipeline, the services provided by means of the pipeline are not subject to price or revenue regulation under this Law or the Rules.
(2) A price regulation exemption is, however, ineffective unless a limited access arrangement, approved by the AER, is in force in relation to the relevant pipeline.
See also section 168.
(3) If, while a price regulation exemption remains in force, the Commonwealth Minister makes a 15‑year no‑coverage determination for the pipeline, the 15‑year no‑coverage determination supersedes the price regulation exemption (which is then terminated) and remains in force for the balance of the period for which the exemption was granted.
(4) An application for coverage of a pipeline to which a price regulation exemption applies can only be made before the end of the period of exemption if the coverage sought in the application is to commence from, or after, the end of that period.
(1) A service provider must, within 60 business days after the grant of a price regulation exemption, submit a limited access arrangement to the AER for approval by the AER under the Rules.
(2) A limited access arrangement must—
(a) be submitted in accordance with the Rules; and
(b) contain the information required by the Rules.
(3) A service provider must submit to the AER, for approval by the AER under the Rules, revisions to an applicable access arrangement that is a limited access arrangement and that applies to the pipeline service to which that arrangement applies—
(a) in accordance with the Rules; and
(b) within the period specified by the Rules.
(1) The service provider for a pipeline to which a price regulation exemption applies is subject to the following provisions as if the pipeline were a covered pipeline:
(a) Chapter 4 Part 1 (except sections 132 and 136); and
(b) Chapter 4 Part 2.
(2) The service provider for a pipeline to which a price regulation exemption applies must comply with any Rules that—
(a) relate to the facilitation of, and request for access to, pipeline services provided by means of that pipeline; and
(b) apply to the service provider or a class of person of which the service provider is a member.
(3) A service provider must ensure compliance with conditions to which the price regulation exemption is subject.
See also section 160.
(1) A service provider must not, when providing pipeline services—
(a) by means of an international pipeline to which a price regulation exemption applies; and
(b) to which a limited access arrangement applies,
engage in price discrimination.
(2) Subsection (1) does not apply if the service provider engages in price discrimination that is conducive to efficient service provision.
(1) Subject to this Part—
(a) a greenfields pipeline incentive applies to the pipeline as described in the relevant pipeline description; and
(b) if the pipeline, as constructed, materially differs from the pipeline as described in the relevant pipeline description, the incentive does not attach to the pipeline and the service provider is not entitled to its benefit.
(2) In determining whether a pipeline, as constructed, materially differs from the relevant pipeline description, excluded infrastructure is not to be taken into account.
(3) In this section—
(1) The relevant Minister may, on application by the service provider for a pipeline for which a greenfields pipeline incentive has been granted, amend the relevant pipeline description.
(2) An amendment cannot, however, be made under this section after the pipeline has been commissioned.
(3) The relevant Minister—
(a) may refer an application for amendment to a pipeline description to the NCC for advice; and
(b) if the amendment sought involves a substantial change to the pipeline description as it currently exists must refer the application to the NCC for advice.
(4) In giving its advice to the relevant Minister, the NCC must have regard to the criteria that were relevant to the grant of the greenfields pipeline incentive.
(5) In deciding whether to make the amendment sought, the relevant Minister—
(a) must have regard to the criteria that were relevant to the grant of the greenfields pipeline incentive; and
(b) if the application has been referred to the NCC for advice must consider the NCC’s advice.
(1) A greenfields pipeline incentive lapses if the pipeline for which it was granted is not commissioned within 3 years after the incentive was granted.
(2) The Regulations may, in a particular case, extend the period of 3 years referred to in subsection (1).
The relevant Minister may, at the request of the service provider, revoke a greenfields pipeline incentive.
The relevant Minister may, on application by the AER, revoke a greenfields pipeline incentive on the ground that—
(a) the applicant misrepresented a material fact on the basis of which the application was granted; or
(b) the applicant failed to disclose material information that the applicant was required to disclose under this Chapter.
The Commonwealth Minister, on application by the AER, may revoke a price regulation exemption on the ground that the service provider has breached a condition to which the price regulation exemption is subject.
A greenfields pipeline incentive does not terminate, and cannot be revoked, before the end of its term except as provided in this Part.
In this Chapter—
This Chapter is not to be taken to limit how a dispute about access to a pipeline service may be raised or dealt with.
An access dispute notified under this Chapter in relation to a pipeline service provided by means of an international pipeline to which a price regulation exemption applies must not be resolved under this Chapter on terms—
(a) regulating the price at which a service is to be provided by the service provider; or
(b) limiting the revenue to be derived by the service provider from the provision of a service.
(1) Subject to this section, if a prospective user or user is unable to agree with a service provider about 1 or more aspects of access to a pipeline service provided or to be provided by means of a scheme pipeline, the prospective user, user or service provider may notify the dispute resolution body, in writing, that an access dispute exists.
A dispute about access to a light regulation service may be notified under this section because light regulation services are pipeline services provided by means of a covered pipeline (which is a scheme pipeline).
(2) A notification must be accompanied by the fee prescribed by the Regulations (if any).
(3) On receiving a notification under subsection (1), the dispute resolution body must notify, in writing, of the access dispute—
(a) the service provider, if a prospective user or user (as the case requires) notified the dispute resolution body of the access dispute under subsection (1);
(b) the prospective user or user (as the case requires), if the service provider notified the dispute resolution body of the access dispute under subsection (1).
(1) If the dispute resolution body for a dispute notified under section 181(1) is the WA arbitrator —
(a) the WA arbitrator is to inform the ERA that notification of the dispute has been received; and
(b) the WA arbitrator may request the ERA to give the WA arbitrator any information in the ERA’s possession that is relevant to the dispute.
(2) The ERA is to give the WA arbitrator the information requested, whether or not it is confidential and whether or not it came into the ERA’s possession for the purposes of resolving the dispute.
(3) If the ERA gives the WA arbitrator information that is confidential, the ERA is to identify the nature and extent of the confidentiality and the WA arbitrator is to treat the information accordingly.
(1) The person who notified the dispute resolution body of an access dispute under section 181(1) may withdraw that notification at any time before the dispute resolution body makes an access determination in respect of that access dispute.
(2) The notification must be withdrawn by notice in writing.
(3) If the notification is withdrawn, it must be taken, for the purposes of this Chapter, never to have been given.
The parties to an access dispute are—
(a) the person notifying the dispute resolution body of an access dispute under section 181(1); and
(b) a person notified by the dispute resolution body under section 181(3); and
(c) if the dispute resolution body is of the opinion that the resolution of the access dispute may involve requiring another person to do something—that other person; and
(d) any other person who applies in writing to be made a party and is accepted by the dispute resolution body as having a sufficient interest.
(1) Unless the dispute resolution body terminates an access dispute under section 186, the dispute resolution body must make a determination on access by the prospective user or user, as the case requires.
(2) In making an access determination the dispute resolution body must comply with this Chapter and the Rules.
(3) An access determination must—
(a) be in writing; and
(b) include a statement of reasons for making the determination; and
(c) be given to the parties without delay.
(4) An access determination has effect on and after the date specified in the determination.
(1) The dispute resolution body may require the parties, in accordance with the Rules, to mediate, conciliate or engage in another alternative dispute resolution process for the purpose of resolving the dispute.
(2) A party must comply with a requirement under subsection (1).
(1) The dispute resolution body may at any time terminate an access dispute (without making an access determination) if the dispute resolution body considers that—
(a) the notification of the access dispute was vexatious; or
(b) the subject matter of the dispute is trivial, misconceived or lacking in substance; or
(c) the party who notified the access dispute had, but did not avail itself of, an opportunity to engage in negotiations in good faith with the other party before that notification; or
(d) a specified dispute termination circumstance has occurred.
(2) Subject to section 188, the dispute resolution body may also terminate an access dispute (without making an access determination) if the dispute resolution body considers that the aspect of access about which there is a dispute is expressly or impliedly dealt with under a contract between, as the case requires—
(a) the prospective user and service provider;
(b) the user and service provider.
(3) In this section—
Despite anything to the contrary in this Chapter, the dispute resolution body may refuse to make an access determination that requires the service provider to provide a particular pipeline service to a prospective user or user if the dispute resolution body considers that the pipeline service the subject of the access dispute could be provided on a genuinely competitive basis by a person other than the service provider or an associate of the service provider.
(1) The dispute resolution body must not make an access determination that would have any of the following effects:
(a) preventing a user obtaining a sufficient amount of a pipeline service under a contract or previous access determination to be able to meet the user’s reasonably anticipated requirements, measured at the time the access dispute was notified;
(b) preventing a prospective user or user from obtaining, by the exercise of a pre‑notification right, a sufficient amount of a pipeline service to be able to meet the prospective user’s or user’s actual requirements;
(c) depriving a person of a relevant protected contractual right.
(2) In this section—
(a) prevents a service provider supplying pipeline services to persons who are not parties to the contract; or
(b) limits or controls a service provider’s ability to supply pipeline services to persons who are not parties to the contract,
but does not include a user’s contractual right to obtain a certain amount of pipeline services;
Subject to sections 190 and 191 and any Rules made for the purposes of this Part, the dispute resolution body must, in making an access determination, give effect to the applicable access arrangement—
(a) applying to the pipeline services provided, or to be provided, by means of the access dispute pipeline; and
(b) in effect at the time the determination is made,
(even though that arrangement may not have been in force when notification of the access dispute was given).
(1) In making an access determination, the dispute resolution body may (where relevant) take into account past contributions of capital to fund installations or the construction of new facilities.
(2) Without limiting section 74, the Rules may—
(a) specify the matters that the dispute resolution body must address in making that access determination;
(b) specify the content of that access determination.
(1) This section applies if the dispute resolution body is proposing to make an access determination that will require—
(a) a service provider to install or construct a new facility to expand the capacity of the access dispute pipeline; and
(b) the prospective user or user who is a party to the access dispute to contribute some or all of the capital to fund the installation or construction of the new facility.
(2) Without limiting section 74, the Rules may—
(a) confer a function or power on the dispute resolution body to, when making the access determination, vary the applicable access arrangement; and
(b) specify the matters that the dispute resolution body must address in making that access determination; and
(c) specify the kinds of variations that may be made to the applicable access arrangement; and
(d) specify the content of that access determination.
An access determination may, but need not, require a service provider to provide a pipeline service to a prospective user.
Subject to this Chapter, an access determination may deal with any matter relating to the provision of a pipeline service to a prospective user or user.
An access determination may require the service provider to provide a pipeline service to the prospective user or user at—
(a) a specified tariff, rate or charge; and
(b) on specified terms and conditions.
(1) The dispute resolution body may vary an access determination on the application of any party to the determination. However, it cannot vary the final determination if any other party objects.
If the parties cannot agree on a variation, a new access dispute can be notified under section 181.
(2) Section 188 applies to a variation under this section as if—
(a) an access dispute arising out of the access determination had been notified when the application was made to the dispute resolution body for the variation of the determination; and
(b) the variation were the making of an access determination in the terms of the varied determination.
A party to an access dispute in respect of which an access determination is made must comply with the access determination.
(1) Subject to subsection (2), a dispute hearing is to be in private.
(2) If the parties agree, a dispute hearing or part of a dispute hearing may be conducted in public.
(3) The dispute resolution body may give written directions as to the persons who may be present at a dispute hearing that is conducted in private.
(4) In giving directions under subsection (3), the dispute resolution body must have regard to the wishes of the parties and the need for commercial confidentiality.
In a dispute hearing a party may appear in person or be represented by another person.
(1) In a dispute hearing the dispute resolution body—
(a) is not bound by technicalities, legal forms or rules of evidence; and
(b) must act as speedily as a proper consideration of the access dispute allows, having regard to the need to carefully and quickly inquire into and investigate the access dispute and all matters affecting the merits, and fair settlement, of the access dispute; and
(c) may inform itself about any matter relevant to the access dispute in any way it thinks appropriate.
(2) The dispute resolution body may determine the periods that are reasonably necessary for the fair and adequate presentation of the respective cases of the parties in the dispute hearing, and may require that the cases be presented within those periods.
(3) The dispute resolution body may require evidence or argument to be presented in writing, and may decide the matters on which the dispute resolution body will hear oral evidence or argument.
(4) The dispute resolution body may determine that a dispute hearing is to be conducted by—
(a) telephone; or
(b) closed circuit television; or
(c) any other means of communication.
(5) The Rules may make further provision about the procedure for the conduct of dispute hearings.
(1) The dispute resolution body may do any of the following things for the purpose of determining an access dispute:
(a) give a direction in the course of, or for the purpose of, a dispute hearing;
(b) hear and determine the access dispute in the absence of a party who has been given notice of the dispute hearing;
(c) sit at any place;
(d) adjourn to any time and place;
(e) refer any matter to an independent expert and accept the expert’s report as evidence.
(2) The dispute resolution body may make an interim determination.
(1) The dispute resolution body may give an oral or written order to a person not to divulge or communicate to anyone else specified information that was given to the person in the course of an access dispute unless the person has the dispute resolution body’s permission.
(2) A person must not, without reasonable excuse, refuse or fail to comply with an order under subsection (1).
Maximum penalty:
(a) in the case of a natural person—$3 400;
(b) in the case of a body corporate—$17 000.
See Schedule 2 clause 47B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.
(1) The dispute resolution body may take evidence on oath or affirmation and for that purpose the dispute resolution body may administer an oath or affirmation.
(2) The dispute resolution body may summon a person to appear before the dispute resolution body to—
(a) give evidence; or
(b) produce such documents (if any) as are referred to in the summons; or
(c) give evidence and produce such documents (if any) as are referred to in the summons.
(3) The powers in this section may be exercised only for the purposes of hearing and determining an access dispute.
A person who is served, as prescribed by the Regulations, with a summons to appear as a witness before the dispute resolution body must not, without reasonable excuse—
(a) fail to attend as required by the summons; or
(b) fail to appear and report himself or herself from day to day unless excused, or released from further attendance, by the dispute resolution body.
Maximum penalty: $6 300.
See Schedule 2 clause 47B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.
(1) A person appearing as a witness before the dispute resolution body must not, without reasonable excuse—
(a) refuse or fail to be sworn or to make an affirmation; or
(b) refuse or fail to answer a question that the person is required to answer by the dispute resolution body; or
(c) refuse or fail to produce a document that he or she is required to produce by a summons under this Chapter served on him or her as prescribed by the Regulations.
Maximum penalty: $6 300.
See Schedule 2 clause 47B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.
(2) It is a reasonable excuse for the purposes of subsection (1) for a natural person to refuse or fail to answer a question or produce a document on the ground that the answer or the production of the document might—
(a) tend to incriminate the person; or
(b) expose the person to a criminal penalty.
(3) Subsection (2) does not limit what is a reasonable excuse for the purposes of subsection (1).
A person must not—
(a) threaten, intimidate or coerce another person; or
(b) cause or procure damage, loss or disadvantage to another person,
because that other person—
(c) proposes to produce, or has produced, documents to the dispute resolution body; or
(d) proposes to appear, or has appeared, as a witness before the dispute resolution body.
Maximum penalty: $6 300.
See Schedule 2 clause 47B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.
(1) A party in a dispute hearing may—
(a) inform the dispute resolution body that, in the party’s opinion, a specified part of a document contains confidential information; and
(b) request the dispute resolution body not to give a copy of that part to another party.
(2) On receiving a request, the dispute resolution body must—
(a) inform the other party or parties that the request has been made and of the general nature of the matters to which the relevant part of the document relates; and
(b) ask the other party or parties whether there is any objection to the dispute resolution body complying with the request.
(3) If there is an objection to the dispute resolution body complying with the request, the party objecting may inform the dispute resolution body of the objection and of the reasons for it.
(4) After considering—
(a) a request; and
(b) any objection; and
(c) any further submissions that any party has made in relation to the request,
the dispute resolution body may decide—
(d) not to give the other party or parties a copy of so much of the document as contains confidential information that the dispute resolution body thinks should not be given; or
(e) to give the other party or another specified party a copy of the whole, or part, of the part of the document that contains confidential information subject to a condition that the party give an undertaking not to disclose the information to another person except to the extent specified by the dispute resolution body and subject to such other conditions as the dispute resolution body determines.
(1) Each party is to bear its own costs in a dispute hearing except to the extent that an order under this section specifies otherwise.
(2) At any time, the dispute resolution body may order that a party pay all or a specified part of the costs of another party in a dispute hearing.
(3) The dispute resolution body may make an order under subsection (2) only if satisfied that it is fair to do so, having regard to—
(a) whether a party has conducted the dispute hearing in a way that unnecessarily disadvantaged another party by conduct such as—
(i) failing to comply with an order or direction of the dispute resolution body without reasonable excuse;
(ii) failing to comply with this Law, the Regulations or the Rules;
(iii) asking for an adjournment as a result of subparagraph (i) or (ii);
(iv) causing an adjournment;
(v) attempting to deceive another party or the dispute resolution body;
(vi) vexatiously conducting an access dispute;
(b) whether a party has been responsible for prolonging unreasonably the time taken to complete the dispute hearing;
(c) the relative strengths of the claims made by each of the parties, including whether a party has made a claim that has no tenable basis in fact or law;
(d) the nature and complexity of the access dispute;
(e) any other matter the dispute resolution body considers relevant.
(4) A party to whom an order made under subsection (2) is directed must comply with the order.
(5) If the dispute resolution body considers that the representative of a party, rather than the party, is responsible for conduct described in subsection (3)(a) or (b), the dispute resolution body may order that the representative in his or her own capacity compensate another party for any costs incurred unnecessarily.
(6) Before making an order under subsection (5), the dispute resolution body must give the representative a reasonable opportunity to be heard.
(7) A representative of a party to whom an order made under subsection (5) is directed must comply with the order.
(8) If the dispute resolution body makes an order for costs before the end of an access dispute, the dispute resolution body may require that the order be complied with before it continues with the proceeding.
(9) If the dispute resolution body makes an order for costs, the dispute resolution body may fix the amount of costs itself.
(10) This section applies to costs incurred by the parties in a dispute hearing even if the notification of the access dispute to which the dispute hearing relates is withdrawn.
Costs that are payable under section 206(4) or (7)—
(a) are a debt due to the party to whom the dispute resolution body has ordered that they be paid; and
(b) may be recovered by that party in a court of competent jurisdiction.
In this Part—
(1) This section applies if—
(a) the dispute resolution body is conducting 2 or more dispute hearings at a particular time; and
(b) 1 or more matters are common to the access disputes in relation to which the dispute hearings are being conducted.
(2) The dispute resolution body may, by notice in writing, decide that it will hold a joint dispute hearing in respect of such of those access disputes (the
nominated disputes ) as are specified in the notice.(3) The dispute resolution body may do so only if it considers this would be likely to result in the nominated disputes being resolved in a more efficient and timely manner.
(1) Before making a decision under section 209(2), the dispute resolution body must give each party to each of the nominated disputes a notice in writing—
(a) specifying what the dispute resolution body is proposing to do; and
(b) inviting the party to make a written submission on the proposal to the dispute resolution body within 10 business days after the notice is given.
(2) The dispute resolution body must have regard to any submission so made in deciding whether to do so. The dispute resolution body may have regard to any other matter it considers relevant.
Chapter 6 Part 6 applies to the joint dispute hearing in a corresponding way to the way in which it applies to a particular dispute hearing.
(1) The dispute resolution body as constituted for the purposes of the joint dispute hearing may have regard to any record of the proceedings of the dispute of any of the nominated disputes.
(2) The dispute resolution body as constituted for the purposes of the dispute hearing of each of the nominated disputes may, for the purposes of making an access determination in relation to the access dispute to which that hearing relates—
(a) have regard to any record of the proceedings of the joint dispute hearing; and
(b) adopt any findings of fact made by the dispute resolution body as constituted for the purposes of the joint dispute hearing.
If an access determination contains—
(a) a clerical mistake; or
(b) an error arising from an accidental slip or omission; or
(c) a material miscalculation of figures or a material mistake in the description of any person, thing or matter referred to in the determination; or
(d) a defect in form,
the dispute resolution body may correct the access determination.
A service provider who is in an access dispute with a user must not, without the consent of the user, alter the rights that the user has to use the capacity of the access dispute pipeline during the period of the dispute.
(1) An access determination applies to every subsequent service provider as if that subsequent service provider were a party to the access dispute in respect of which the access determination was made.
(2) In this section—
(a) the subject of the access dispute; and
(b) in respect of which the access determination was made.
The Regulations may provide for the dispute resolution body to—
(a) charge the parties to an access dispute for its costs in the access dispute; and
(b) apportion those costs between the parties.
In this Chapter—
(a) is a party to a contract with a service provider under which the service provider provides or intends to provide a pipeline service to that person by means of a non‑scheme pipeline; or
(b) has a right under an access determination to be provided with a pipeline service by means of a non‑scheme pipeline.
(1) For the purposes of this Chapter, a prospective user is a person who seeks or wishes to be provided with a pipeline service by means of a non‑scheme pipeline.
(2) To avoid doubt, a user is also a prospective user for the purposes of this Chapter if the user seeks or wishes to be provided with a pipeline service by means of a non‑scheme pipeline other than a pipeline service already provided to them under—
(a) a contract; or
(b) an access determination.
(3) Subsection (2)(b) does not limit the operation of Part 5.
(1) Subject to subsection (2), this Chapter applies to and in relation to—
(a) a transmission pipeline that is not a scheme pipeline; and
(b) a distribution pipeline that is not a scheme pipeline.
(2) This Chapter does not apply to or in relation to—
(a) a pipeline, or part of a pipeline, excluded from the operation of this Chapter by the Rules; or
(b) a pipeline within a class or group of pipelines excluded from the operation of this Chapter by the Rules; or
(c) a pipeline service (including in relation to a specific pipeline, or part of a specific pipeline) excluded from the operation of this Chapter by the Rules.
The provisions of this Chapter applicable to the determination of an access dispute apply, subject to such modifications as may be prescribed by the Rules, to the determination of any dispute arising under any provision of the Rules specified in the Rules for the purposes of this section.
This Chapter is not to be taken to limit how a dispute about access to a pipeline service may be raised or dealt with.
The Rules may contain provisions for or with respect to seeking access to a pipeline service provided or to be provided by means of a non‑scheme pipeline (or by part of a non‑scheme pipeline or by an extension to, or expansion of the capacity of, a non‑scheme pipeline).
A prospective user or user seeking access to a pipeline service provided or to be provided by means of a non‑scheme pipeline (or by part of a non‑scheme pipeline or by an extension to, or expansion of the capacity of, a non‑scheme pipeline), and the service provider for the relevant non‑scheme pipeline, must negotiate in good faith with each other about whether access can be granted and, if so, the terms and conditions for the provision of access to the prospective user or user (as the case requires).
(1) Subject to this section, if a prospective user or user (as the case requires) and a service provider cannot agree about 1 or more aspects of access to a pipeline service after a request has been made in accordance with the Rules, the prospective user or user, or the service provider, may notify the scheme administrator, in writing, that an access dispute exists.
(2) A notification must include, in accordance with the Rules, information about—
(a) the matters (if any) on which agreement has been reached; and
(b) the matters that are in dispute; and
(c) any other matter specified by the Rules.
(3) A notification must be accompanied by the fee set by the Rules (if any).
(4) A notification cannot be made under this section if the access dispute relates to a matter excluded from arbitration under this Chapter by the Rules.
The parties to an access dispute are—
(a) the parties to the negotiations that gave rise to the access dispute under section 216H(1); and
(b) if the scheme administrator is of the opinion that the resolution of the access dispute may involve requiring another person to do something and that it is appropriate that the person be joined as a party—that other person.
(1) If the scheme administrator receives notification of an access dispute under Part 2, the dispute must be referred to arbitration.
(2) The scheme administrator must give notice of the referral of an access dispute to arbitration to the parties to the negotiations that gave rise to the access dispute and, if relevant, to any other person who will be a party to the access dispute.
(1) The parties to an access dispute may agree to appoint, in accordance with the Rules, the arbitrator for the purposes of an access dispute that is to be referred to arbitration under this Part.
(2) If the parties do not agree to the appointment of an arbitrator within a period specified by the Rules, the arbitrator will be a person selected by the scheme administrator after consultation with the parties to the access dispute.
(3) The arbitrator must be a person who—
(a) is independent of the parties to the dispute; and
(b) is properly qualified to act in the resolution of the dispute; and
(c) has no direct or indirect interest in the outcome of the dispute.
(4) If for some reason an arbitrator does not complete an arbitration, the parties may agree, in accordance with the Rules, to make a fresh appointment and, in default of agreement within a period specified by the Rules, the scheme administrator may, after consultation with the parties, make the appointment.
(1) Unless an arbitration is terminated under another provision of this Chapter, the arbitrator must make a determination on access by the prospective user or user (as the case requires) (including a determination that does not require a service provider to provide access to any pipeline services).
(2) A determination may deal with any matter relating to access by the prospective user or user to the pipeline services specified by the Rules for the purposes of this subsection (and the arbitrator must not make a determination that is inconsistent with the Rules or goes beyond the matters specified by the Rules).
(3) The Rules may also, in connection with the making of an access determination, contain provisions for or with respect to such things as—
(b) any appointment in accordance with a recommendation or nomination of the MCE made before the commencement day.
In this Part—
(1) This clause applies in relation to a thing required or permitted to be done under this Law by a person or body, other than the AEMC, if, in doing the thing, the person or body is required to consider or apply the national gas objective including, for example, by—
(a) having regard to the national gas objective; or
(b) doing the thing in a manner that will or is likely to contribute to the achievement of the national gas objective.
(2) Despite the coming into operation of the adopting clause —
(a) the national gas objective as in force before the adopting clause came into operation continues to apply for the doing of the thing until the day (the
start day ) that is 2 months after the coming into operation of the adopting clause; and(b) the amended objective applies in relation to the doing of the thing from the start day.
(3) However, if the thing required or permitted to be done relates to a relevant access arrangement—
(a) on the coming into operation of the adopting clause the amended objective applies to the doing of the thing; and
(b) clause 135(3) does not apply in relation to the doing of the thing.
(4) Subclauses (1) and (2) are subject to clause 135.
(5) In this clause—
(a) the Mid-West and South-West Gas Distribution System comprised of the scheme distribution pipeline in Western Australia and defined in gas distribution licence 8 (as amended) issued under the
Energy Coordination Act 1994 of Western Australia, including any extension to or expansion of the capacity of that pipeline; or(b) the Goldfields Gas Pipeline comprised of the transmission pipeline between Yarraloola and Kalgoorlie in Western Australia and defined in Pipeline Licence 24 (as amended) issued under the
Petroleum Pipelines Act 1969 of Western Australia, including an extension to or expansion of the capacity of, that pipeline.
(1) This clause applies if—
(a) before the start day, a person or body had started, or was required or permitted to start, doing a thing; and
(b) on the start day—
(i) the person or body has not finished doing the thing; or
(ii) the period within which the thing is required or permitted to be done has not ended; and
(c) in doing the thing the person or body is required to consider or apply the national gas objective by, for example—
(i) having regard to the national gas objective; or
(ii) doing the thing in a manner that will or is likely to contribute to the achievement of the national gas objective.
(2) The national gas objective as in force before the coming into operation of the adopting clause, and as continued in effect under clause 134 until the start day, continues to apply in relation to the doing of the thing.
(3) However, a government or regulatory entity may decide to consider or apply the amended objective in relation to the doing of the thing.
(4) For subclause (1), a matter relating to an access arrangement is taken not to have been started, or required or permitted to have been started, before the start day if, on the start day, the access arrangement proposal for the access arrangement has not been submitted for the AER’s approval under Rule 46 of the Rules.
(1) If a government or regulatory entity, other than the AER, proposes to exercise a discretion under clause 135(3), the entity must use its best endeavours to ensure that within 45 days after the coming into operation of the adopting clause, it issues administrative guidance about the matters the entity is likely to have regard to in deciding whether to consider or apply the amended objective in doing a thing.
(2) The AER must, within 45 days after the coming into operation of the adopting clause, issue administrative guidance about the matters the AER is likely to have regard to in deciding whether to consider or apply the amended objective in doing a thing.
(3) A failure to comply with this section does not prevent a government or regulatory entity from exercising a discretion under clause 135(3).
(1) This clause applies if—
(a) administrative guidance is issued by a government or regulatory entity about considering or applying the amended objective; and
(b) the guidance includes the value, or a method of working out the value, of greenhouse gas emissions or greenhouse gas emissions reduction; and
(c) the guidance is consistent with any MCE statement.
(2) The value or method stated in the administrative guidance must be complied with by the government or regulatory entity in considering or applying the amended objective.
(3) This clause applies until a Regulation or Rule takes effect for the matter described in subclause (1).
(4) In this clause—
(1) This clause applies if, before the coming into operation of the adopting clause —
(a) the MCE or a Minister of a participating jurisdiction had requested a Rule under section 295(1) in relation to the national gas objective as if the amended objective were in force; and
(b) the AEMC had done a thing under Chapter 9, other than sections 313 to 315, in relation to the request.
(2) On the coming into operation of the adopting clause —
(a) the thing is taken to have been validly done under Chapter 9; and
(b) the AEMC is taken to have satisfied a requirement under the Law to apply the national gas objective in relation to the thing.
The Western Australian National Gas Access Law text is the text that results from modifying the National Gas Law, as set out in the Schedule to the
SA Act No. 19 of 2008 | In SA: 1 Jul 2008 (see In WA: 1 Jan 2010 (see WA Act s. 2(b) and | |
SA Act No. 30 of 2009 | In SA: 1 Jul 2009 (see In WA: 1 Jan 2010 (see | |
SA Act No. 79 of 2013 | In SA: 19 Dec 2013 (see In WA: 15 Mar 2014 (see | |
SA Act No. 23 of 2017 | In SA: 1 Aug 2017 (see In WA: 23 Dec 2017 (see | |
SA Act No. 12 of 2018 | In SA: 20 Sep 2018 (see In WA: 10 Oct 2020 (see SL 2020/195 cl. 2(b)) | |
SA Act No. 33 of 2018 | In SA: 13 Dec 2018 (see In WA: 6 Apr 2019 (see | |
SA Act No. 37 of 2020 | In SA: 29 Jan 2021 (see In WA: 5 Sep 2024 (see | |
SA Act No. 3 of 2021 | In SA: 15 Apr 2021 (see In WA: 23 Jan 2025 (see | |
SA Act No. 26 of 2023 | In SA: 21 Sep 2023 (see s. 2) In WA: 25 Jan 2024 (see |
15‑year no‑coverage determination................................................................ 2, 151(1)
2013 non-binding guideline....................................................................... Sch. 3 cl. 95
ACCC................................................................................................................................. 2
access arrangement.......................................................................................................... 2
access arrangement revision proposal...................................................... Sch. 3 cl. 30
access determination........................................................................................... 2, 216A
access dispute................................................................................................... 178, 216A
access dispute pipeline .............................................................................................. 178
Act.................................................................................................................. Sch. 2 cl. 10
acting SES employee................................................................................... Sch. 2 cl. 33
active request.......................................................................................................... 301(1)
additional instrument making power........................................................ Sch. 2 cl. 27
additional ring fencing requirement........................................................... 137, 143(1)
adjacent area in respect of the State................................................................. Act 5(2)
adjacent area of another participating jurisdiction........................................ Act 9(1)
adjacent area of this jurisdiction....................................................................... Act 9(1)
AEMC................................................................................................................................ 2
AEMC chief executive................................................................................ Sch. 2 cl. 33
AEMC Commissioner................................................................................. Sch. 2 cl. 33
AEMC initiated Rule.................................................................................................. 290
AEMC official........................................................................................................... 86(3)
AEMC Rule review.................................................................................................... 290
AER.................................................................................................................................... 2
AER breach investigation........................................................................... Sch. 3 cl. 45
AER economic regulatory decision.............................................................................. 2
AER economic regulatory function or power............................................................. 2
AER information disclosure decision...................................................................... 244
AER member................................................................................................ Sch. 2 cl. 33
AER ring fencing determination................................................................................... 2
affected access arrangement decision................................................... Sch. 2 cl. 53A
affidavit.......................................................................................................... Sch. 2 cl. 10
agreement............................................................................................... Sch. 3 cl. 100(2)
amend............................................................................................................. Sch. 2 cl. 10
amended Law................................................................................................ Sch. 3 cl. 98
amended objective...................................................................... 294FC, Sch. 3 cl. 133
amending Act............................................................................................. Sch. 3 cl. 133
Amendment Act........................................................................................... Sch. 3 cl. 99
applicable access arrangement...................................................................................... 2
applicable access arrangement decision....................................................................... 2
applicant........................................................................................................................ 244
appoint........................................................................................................... Sch. 2 cl. 10
approved associate contract........................................................................................... 2
associate............................................................................................................................. 2
associate contract............................................................................................................. 2
associate contract decision............................................................................................. 2
associate pipeline service............................................................................................... 2
authorised person........................................................................................................... 31
basic instrument making power................................................................. Sch. 2 cl. 27
binding no‑coverage determination............................................................ Sch. 3 cl. 1
breach............................................................................................................. Sch. 2 cl. 10
breach provision.......................................................................................................... 287
Bulletin Board information............................................................................................ 2
Bulletin Board operator.................................................................................................. 2
business day.................................................................................................. Sch. 2 cl. 10
business unit A........................................................................................................ 143(2)
business unit B........................................................................................................ 143(2)
calendar month............................................................................................. Sch. 2 cl. 10
calendar year................................................................................................. Sch. 2 cl. 10
charge................................................................................................................................. 2
civil monetary liability............................................................................ 221(6), 226(5)
civil penalty....................................................................................................................... 2
civil penalty provision..................................................................................................... 2
classification decision under the Rules........................................................................ 2
coastal waters....................................................................................................... Act 5(2)
commencement.................................................................... Sch. 2 cl. 10, Sch. 3 cl. 95
commencement day.......................................................................... Sch. 3 cl. 1 and 99
commission....................................................................................................................... 2
Commonwealth bodies..................................................................................... Act 12(2)
Commonwealth Minister................................................................................................ 2
compliance date........................................................................................................... 137
complying service provider.................................................................................... 10(2)
conduct provision............................................................................................................. 2
confer............................................................................................................. Sch. 2 cl. 10
consolidated Rule request.......................................................................................... 300
constituent components.................................................................................................. 2
consumer reference group............................................................................... 30A, 30H
contravene..................................................................................................... Sch. 2 cl. 10
contributing service....................................................................................................... 43
controlling pipeline activity.................................................................................... 10(5)
Councillor.................................................................................................................. 90(9)
Court...................................................................................................................... Act 9(1)
coverage determination....................................................................................... 2, 92(1)
coverage recommendation.............................................................................................. 2
coverage revocation determination................................................................. 2, 102(1)
coverage revocation recommendation.......................................................................... 2
covered pipeline............................................................................................................... 2
covered pipeline service provider................................................................................. 2
cross boundary distribution pipeline............................................................................ 2
cross boundary pipeline................................................................................... Act 16(4)
cross boundary transmission pipeline.......................................................................... 2
current access arrangement........................................................................... Sch. 3 cl. 1
current access arrangement modification Rules..................................... Sch. 3 cl. 30
deal with..................................................................................................... Sch. 2 cl. 53A
decision maker.............................................................................................. Sch. 2 cl. 31
decision related matter............................................................................................... 68C
definition....................................................................................................... Sch. 2 cl. 10
designated Minister............................................................................................. Act 9(1)
designated pipeline.......................................................................................................... 2
designated regulatory decision...................................................................................... 2
developable capacity....................................................................................................... 2
dispute hearing................................................................................................. 178, 216A
dispute resolution body........................................................................ Act 9(1), Note 2
distribution pipeline............................................................................................. 2, 216A
document....................................................................................................... Sch. 2 cl. 10
draft Rule determination................................................................................................. 2
eligible expert............................................................................................................. 30H
empowering provision................................................................................ Sch. 2 cl. 27
end user.............................................................................................................................. 2
ERA.................................................................................................................................... 2
ERA pipeline........................................................................................................ Act 9(1)
estate............................................................................................................... Sch. 2 cl. 10
excluded infrastructure............................................................................................... 149
exempt contract................................................................................................. Act 19(3)
exempt matter.................................................................................................... Act 15(2)
expire.............................................................................................................. Sch. 2 cl. 10
explanatory information............................................................................................ 30A
extension and expansion requirements......................................................................... 2
fail................................................................................................................... Sch. 2 cl. 10
final Rule determination................................................................................................. 2
financial year................................................................................................ Sch. 2 cl. 10
foreign company.............................................................................................................. 2
foreign source................................................................................................................... 2
form of regulation factors............................................................................................... 2
full access arrangement................................................................................................... 2
full access arrangement decision................................................................................... 2
function.......................................................................................................... Sch. 2 cl. 10
further disclosure notice........................................................................................ 329(6)
Gas Code........................................................................................................................... 2
gas market operator......................................................................................................... 2
gas market regulatory body....................................................................................... 290
gas other than natural gas............................................................................... Act 6A(3)
Gas Pipelines Access Law............................................................................... Act 11(4)
Gazette........................................................................................................... Sch. 2 cl. 10
general regulatory information order........................................................................... 2
government or regulatory entity.............................................................. Sch. 3 cl. 133
GMCo............................................................................................................................ 290
greenfields pipeline incentive........................................................................................ 2
greenfields pipeline project....................................................................................... 149
haulage............................................................................................................................... 2
information................................................................................................................... 30T
initial classification decision................................................................ 2, 98(1), 155(1)
initial disclosure notice.................................................................................. 329(2), (3)
initial National Gas Rules............................................................................................... 2
instrument...................................................................................................... Sch. 2 cl. 10
interest............................................................................................................ Sch. 2 cl. 10
international pipeline....................................................................................................... 2
jurisdictional determination criteria.............................................................................. 2
jurisdictional gas legislation.......................................................................................... 2
Law extrinsic material................................................................................... Sch. 2 cl. 8
Legislature of this jurisdiction.......................................................................... Act 9(1)
light regulation determination........................................................... 2, 110(1), 112(1)
light regulation services.................................................................................................. 2
limited access arrangement............................................................................................ 2
limited access arrangement decision............................................................................ 2
make............................................................................................................... Sch. 2 cl. 10
market initiated proposed Rule................................................................................. 290
marketing staff............................................................................................................. 137
matters of a transitional nature....................................................................... Act 11(4)
MCE................................................................................................................................... 2
MCE directed review...................................................................................................... 2
MCE statement........................................................................................... Sch. 3 cl. 137
MCE statement of policy principles............................................................................. 2
minimum ring fencing requirement.............................................................................. 2
Minister of a participating jurisdiction......................................................................... 2
Minister of this participating jurisdiction............................................................. 87(3)
Ministerial coverage decision........................................................................................ 2
Ministerial or NCC scheme decision.................................................................. 333(3)
minor.............................................................................................................. Sch. 2 cl. 10
modification.................................................................................................. Sch. 2 cl. 10
month............................................................................................................. Sch. 2 cl. 10
more preferable Rule......................................................................................... 290, 296
named month................................................................................................ Sch. 2 cl. 10
National Gas Access (Western Australia) Law.................................. Act 3(1), 11(4)
National Gas Access (Western Australia) Regulations................................ Act 3(1)
National Gas Law................................................................................................ Act 9(1)
national gas legislation.................................................................................................... 2
national gas objective...................................................................................................... 2
National Gas Rules.......................................................................................................... 2
national provisions............................................................................................ Act 19(3)
natural gas......................................................................................................................... 2
natural gas service............................................................................................................ 2
Natural Gas Services Bulletin Board............................................................................ 2
NCC.................................................................................................................................... 2
NCC member................................................................................................ Sch. 2 cl. 33
NCC recommendation or decision................................................................................ 2
new application Act....................................................................................... Sch. 3 cl. 1
new facility........................................................................................................................ 2
new scheme revisions commencement date............................................ Sch. 3 cl. 31
no‑coverage recommendation........................................................................................ 2
nominated disputes....................................................................................... 208, 209(2)
non scheme pipeline user................................................................................................ 2
non‑controversial Rule............................................................................................... 290
non‑finalised access dispute....................................................................... Sch. 3 cl. 42
non-scheme pipeline...................................................................................... 83A, 216A
notified compliance date....................................................................................... 143(4)
number........................................................................................................... Sch. 2 cl. 10
oath................................................................................................................. Sch. 2 cl. 10
offence provision............................................................................................................. 2
office.............................................................................................................. Sch. 2 cl. 10
officer................................................................................................................................. 2
old access law................................................................................................................... 2
old scheme classification and scheme participant determination........ Sch. 3 cl. 53
old scheme classification or determination................................................................. 2
old scheme coverage application................................................................. Sch. 3 cl. 1
old scheme coverage determination............................................................ Sch. 3 cl. 1
old scheme coverage revocation application............................................. Sch. 3 cl. 1
old scheme coverage revocation determination........................................ Sch. 3 cl. 1
old scheme covered pipeline........................................................................ Sch. 3 cl. 1
old scheme distribution pipeline................................................................................... 2
old scheme limited access arrangement..................................................... Sch. 3 cl. 1
old scheme price regulation exemption...................................................... Sch. 3 cl. 1
old scheme relevant Minister....................................................................... Sch. 3 cl. 1
old scheme ring fencing requirement....................................................... Sch. 3 cl. 38
old scheme transmission pipeline................................................................................. 2
omit................................................................................................................ Sch. 2 cl. 10
ordinary meaning........................................................................................... Sch. 2 cl. 8
participating jurisdiction................................................................................................. 2
party........................................................................................... 178, 216A, Sch. 2 cl. 10
penalty............................................................................................................ Sch. 2 cl. 10
pending old scheme coverage determination............................................ Sch. 3 cl. 1
pending old scheme coverage non‑revocation determination................ Sch. 3 cl. 1
pending old scheme coverage revocation determination........................ Sch. 3 cl. 1
pending old scheme no‑coverage determination...................................... Sch. 3 cl. 1
person............................................................................................................. Sch. 2 cl. 10
person aggrieved......................................................................................................... 241
pipeline.............................................................................................................................. 2
pipeline classification criterion..................................................................................... 2
pipeline coverage criteria............................................................................................... 2
pipeline reliability standard............................................................................................ 2
pipeline safety duty.......................................................................................................... 2
pipeline service................................................................................................................. 2
pipeline service standard................................................................................................ 2
Pipelines Access/Arbitration amendments........................................................... 294F
power.............................................................................................................. Sch. 2 cl. 10
pre‑notification right.................................................................................. 188(2), 216N
prescribed...................................................................................................... Sch. 2 cl. 10
price or revenue regulation............................................................................................. 2
price regulation exemption............................................................................................. 2
price regulation exemption recommendation.............................................................. 2
principal decision maker....................................................................................... 331(2)
printed............................................................................................................ Sch. 2 cl. 10
proceeding..................................................................................................... Sch. 2 cl. 10
processable gas................................................................................................................. 2
producer............................................................................................................................. 2
property.......................................................................................................... Sch. 2 cl. 10
proposed Rule.............................................................................................................. 290
prospective user.................................................................................................... 2, 216A
provision........................................................................................................ Sch. 2 cl. 10
publish........................................................................................................................... 290
queuing requirements...................................................................................................... 2
rate of return instrument........................................................................................ 2, 30D
reclassification decision......................................................................................... 2, 129
record............................................................................................................. Sch. 2 cl. 10
reference service.............................................................................................................. 2
reference tariff.................................................................................................................. 2
Reference Tariff........................................................................................... Sch. 3 cl. 31
Regulations....................................................................................................................... 2
Regulations or Rules of a savings and transitional nature...................... Sch. 3 cl. 2
regulator.................................................................................................. Act 9(1), Note 2
regulatory information instrument................................................................................ 2
regulatory information notice ....................................................................................... 2
regulatory obligation or requirement............................................................................ 2
regulatory payment ......................................................................................................... 2
regulatory scheme decision maker...................................................................... 332(3)
related business............................................................................................................ 137
related provider.............................................................................................................. 43
relevant access arrangement.................................................................... Sch. 3 cl. 134
relevant appeals body.................................................................................... Sch. 3 cl. 1
relevant decision maker............................................................................................. 330
relevant decision or document................................................................... Sch. 2 cl. 31
relevant exclusivity right............................................................ 188(2), 216N, 321(2)
relevant Minister.............................................................................................................. 2
relevant national provisions............................................................................ Act 19(3)
relevant notice............................................................................ 42(1), Sch. 2 cl. 31, 33
relevant pipeline description................................................................................ 171(3)
relevant protected contractual right.......................................... 188(2), 216N, 321(2)
relevant provision.......................................................................................................... 31
relevant Regulator............................................................................................................ 2
relevant Regulator investigation................................................................ Sch. 3 cl. 43
relevant transition date..................................................................... Sch. 3 cl. 9, 16, 24
relevant transition period..................................................................... Sch. 3 cl. 31, 38
REMCo......................................................................................................................... 290
repeal.............................................................................................................. Sch. 2 cl. 10
report trigger date................................................................................................... 320(1)
restricted period...................................................................................................... 329(8)
revenue and pricing principles....................................................................................... 2
review............................................................................................................. Sch. 3 cl. 95
review under this Part................................................................................................. 244
reviewable regulatory decision............................................................. 2, Sch. 3 cl. 31
ring fencing decision....................................................................................................... 2
Rule extrinsic material.................................................................................. Sch. 2 cl. 8
Rules................................................................................................................................... 2
SA Schedule amendment................................................................................ Act 7A(1)
scheme administrator............................................................................................... 216A
scheme decision........................................................................................................... 330
scheme pipeline................................................................................................................ 2
scheme pipeline service provider................................................................................ 43
scheme procedure........................................................................................................ 330
service provider.................................................................................... 2, 151(4), 160(3)
service provider group............................................................................................. 10(1)
service provider performance report............................................................................ 2
SES employee............................................................................................... Sch. 2 cl. 33
sign................................................................................................................. Sch. 2 cl. 10
South Australian Act.......................................................................................... Act 3(1)
South Australian Minister.................................................................................... 294CA
spare capacity................................................................................................................... 2
specified dispute termination circumstance........................................... 186(3), 216O
stakeholders.................................................................................................. Sch. 3 cl. 95
start dat........................................................................................................ Sch. 3 cl. 133
statutory declaration.................................................................................... Sch. 2 cl. 10
statutory instrument........................................................................ Sch. 2 cl. 10, 21, 51
storage provider................................................................................................................ 2
subsequent service provider................................................................................. 215(2)
supply................................................................................................................................. 2
swear.............................................................................................................. Sch. 2 cl. 10
target statement........................................................................................................... 72A
tariff.................................................................................................................................... 2
tender approval decision................................................................................................. 2
Territory............................................................................................................................. 2
that other legislation......................................................................................... Act 16(1)
the first terms.......................................................................................................... 134(1)
the second terms..................................................................................................... 134(1)
third party..................................................................................................................... 30S
this jurisdiction.................................................................................................... Act 9(1)
this law.................................................................................................................. Act 9(1)
transitional period............................................................................................. Act 20(2)
transitioned access arrangement.................................................................. Sch. 3 cl. 1
transmission pipeline........................................................................................... 2, 216A
Tribunal............................................................................................................................. 2
underlying National Gas Law.......................................................... Act Sch. 1 cl. 1(2)
urgent Rule................................................................................................................... 290
user......................................................................................................................... 2, 216A
user or consumer association......................................................................................... 2
user or consumer interest group.................................................................................... 2
VENCorp........................................................................................................................... 2
WA arbitrator......................................................................................... Act 9(1), Note 2
Western Australian National Gas Access Law text....................................... Act 7(2)
word................................................................................................................ Sch. 2 cl. 10
writing............................................................................................................ Sch. 2 cl. 10
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