National Gas (ACT) Act 2008 (ACT)

National Gas (ACT) Act 2008   

A2008-15

Republication No 5

Effective:  2 July 2017

Republication date: 2 July 2017

Last amendment made by A2014‑18
(republication for expiry of transitional provisions (pt 5))

About this republication

The republished law

This is a republication of the National Gas (ACT) Act 2008 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 2 July 2017.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 2 July 2017. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $140 for an individual and $700 for a corporation (see Legislation Act 2001, s 133).

National Gas (ACT) Act 2008

Contents

Page

Part 1      Preliminary

1            Name of Act  2

3            Dictionary  2

4            Terms used in National Gas (ACT) Law  2

5            Notes  2

6            Crown to be bound  2

7           Extra-territorial operation  3

Part 2      National Gas (ACT) Law and National Gas (ACT) Regulation

8            Application in the ACT of National Gas Law  3

9            Application in the ACT of regulations under National Gas Law               4

10          Interpretation of some terms in National Gas (ACT) Law and National Gas (ACT) Regulation    4

Part 3      Cross-vesting of powers

11          Conferral of powers on Commonwealth Minister and Commonwealth bodies to act in the ACT  6

12          Conferral of powers on Ministers of other participating States to act in the ACT 6

13          Conferral of functions on Minister  7

Part 4      Miscellaneous

14          Exemption from taxes  8

15          Declaration of exempt matter  8

16          Actions in relation to cross boundary pipelines  9

17          Conferral of functions on Commonwealth entities  10

18          Regulation-making power  10

Dictionary11

Endnotes

1            About the endnotes  12

2            Abbreviation key  12

3            Legislation history  13

4            Amendment history  14

5            Earlier republications  15

6            Expired transitional or validating provisions  15

National Gas (ACT) Act 2008

An Act to establish a framework to enable third parties to gain access to certain natural gas pipeline services, and for other purposes

Part 1Preliminary

1. Name of Act

   This Act is the National Gas (ACT) Act 2008.

2. Dictionary

   The dictionary at the end of this Act is part of this Act.

   Note 1The dictionary at the end of this Act defines certain terms used in this Act.

   Note 2A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

3. Terms used in National Gas (ACT) Law

   A term used in the National Gas (ACT) Law has the same meaning in this Act.

   NoteA definition in an Act applies except so far as the contrary intention appears (see Legislation Act, s 155).

4. Notes

   A note included in this Act is explanatory and is not part of this Act.

   NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

5. Crown to be bound

   The Legislation Act, section 121 (Binding effects of Acts) applies to the National Gas (ACT) Law and the National Gas (ACT) Regulation as if—

   (a)the National Gas (ACT) Law were an Act; and

   (b)the National Gas (ACT) Regulation were a regulation made or in force under the National Gas (ACT) Law.

   Note 1The Legislation Act, s 121 provides that an Act binds all governments, including the Territory, the Commonwealth, a State and another Territory. However, the Australian Capital Territory (Self‑Government) Act 1988 (Cwlth), s 27 provides that, except as provided by the regulations under that Act, an ACT enactment does not bind the Crown in right of the Commonwealth.

   Note 2A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see s 8 (2) and Legislation Act, s 104).

6. Extra-territorial operation

   The Legislative Assembly intends that this Act, the National Gas (ACT) Law and the National Gas (ACT) Regulation should, so far as possible, operate to the full extent of the extra-territorial legislative power of the Territory.

Part 2National Gas (ACT) Law and National Gas (ACT) Regulation

1. Application in the ACT of National Gas Law

   (1)The National Gas Law set out in the schedule to the South Australian Act, as in force from time to time—

   (a)applies as a territory law; and

   (b)as so applying may be referred to as the National Gas (ACT) Law.

   NoteThe South Australian Act is accessible at Legislation Act, section 104 (References to laws include references to instruments under laws) applies to the National Gas (ACT) Law as if the National Gas (ACT) Law were an Act.

   NoteThe Legislation Act, s 104 provides that a reference to an Act includes a reference to the statutory instruments made or in force under the Act. The statutory instruments under the National Gas Law include the National Gas Rules.

2. Application in the ACT of regulations under National Gas Law

   The regulations in force from time to time under the South Australian Act, part 3 (Making of regulations and rules under National Gas Law)—

   (a)apply as regulations in force for the purposes of the National Gas (ACT) Law; and

   (b)as so applying may be referred to as the National Gas (ACT) Regulation.

   NoteThe South Australian Act is accessible at >

   Interpretation of some terms in National Gas (ACT) Law and National Gas (ACT) Regulation

   (1)In the National Gas (ACT) Law and the National Gas (ACT) Regulation:

   adjacent area of another participating jurisdiction means the offshore area of a State within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cwlth), section 8 (Offshore areas of the States and Territories).

   NoteState includes the Northern Territory (see Legislation Act, dict, pt 1, def State).

   court means the Supreme Court.

   designated Minister means the Commonwealth Minister.

   legislature of this jurisdiction means the Legislative Assembly.

   National Gas Law or this Law means the National Gas (ACT) Law.

   this jurisdiction means the Territory.

   (2)The Acts Interpretation Act 1915 (SA) and other Acts of South Australia do not apply to—

   (a)the National Gas Law set out in the schedule to the South Australian Act in its application as a territory law; or

   (b)regulations in force from time to time under the South Australian Act, part 3 (Making of regulations and rules under National Gas Law) in their application as regulations in force for the purposes of the National Gas (ACT) Law.

Part 3Cross-vesting of powers

1. Conferral of powers on Commonwealth Minister and Commonwealth bodies to act in the ACT

   (1)The Commonwealth Minister and the Commonwealth bodies have power to do acts in, or in relation to, the ACT in the exercise of a function expressed to be conferred on them respectively by the national gas legislation of another participating jurisdiction.

   NoteExercise a function includes perform the function (see Legislation Act, dict, pt 1, def exercise), and function includes power (see Legislation Act, dict, pt 1, def function).

   (2)In this section:

   Commonwealth bodies means any of the following:

   (a)AER;

   (b)NCC;

   (c)the Tribunal.

2. Conferral of powers on Ministers of other participating States to act in the ACT

   The Minister of another participating jurisdiction has power to do acts in, or in relation to, the ACT in the exercise of a function expressed to be conferred on the Minister by the national gas legislation of another participating jurisdiction.

   Note 1State includes the Northern Territory (see Legislation Act, dict, pt 1, def State).

   Note 2Exercise a function includes perform the function (see Legislation Act, dict, pt 1, def exercise), and function includes power (see Legislation Act, dict, pt 1, def function).

3. Conferral of functions on Minister

   If the national gas legislation of another participating jurisdiction confers a function on the Minister, the Minister—

   (a)may exercise the function; and

   (b)may do all things necessary or convenient to be done in connection with the exercise of the function.

   NoteExercise a function includes perform the function (see Legislation Act, dict, pt 1, def exercise), and function includes power (see Legislation Act, dict, pt 1, def function).

Part 4Miscellaneous

1. Exemption from taxes

   (1)Any duty or other tax imposed under a territory law 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.

   NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

   (2)In this section:

   exempt matter means a transfer of assets or liabilities—

   (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 the 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 Treasurer declares to be an exempt matter under section 15.

2. Declaration of exempt matter

   (1)The Treasurer may declare that a transfer of assets or liabilities is an exempt matter for section 14.

   (2)A declaration is a notifiable instrument.

   NoteA notifiable instrument must be notified under the Legislation Act.

3. Actions in relation to cross boundary pipelines

   (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 of 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 (that other legislation)—

   (c)by, or in relation to, a relevant Minister within the meaning of that other legislation; or

   (d)by the court within the meaning of 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 under the National Gas (ACT) Law 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; and

   (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:

   cross boundary pipeline means—

   (a)a cross boundary transmission pipeline; or

   (b)a cross boundary distribution pipeline.

4. Conferral of functions on Commonwealth entities

   (1)The National Gas (ACT) Law, schedule 2, clause 2 (Law to be construed not to exceed legislative power of Legislature) has effect in relation to the operation of any provision of this Act, or any provision forming part of the National Gas (ACT) Regulation, as if the provision formed part of the National Gas (ACT) Law.

   (2)Subsection (1) does not limit the effect that a provision would validly have apart from the subsection.

5. Regulation-making power

   The Executive may make regulations that the National Gas (ACT) Law contemplates be made under this Act.

   NoteA regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Dictionary

(see s 3)

Note 1The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

·     ACT

·     Commonwealth

·     exercise

·     function

· Legislation Act

·     Legislative Assembly

·     Minister (see s 162)

·     State

·     Supreme Court

·     territory law

·     the Territory

·     Treasurer.

National Gas (ACT) Law means the provisions applying because of section 8.

National Gas (ACT) Regulation means the provisions applying because of section 9.

South Australian Act means the National Gas (South Australia) Act 2008 (SA).

NoteA reference to a law (including a SA Act) includes a reference to the Act as originally made and as amended (see Legislation Act, s 102).

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

1. Legislation history

   National Gas (ACT) Act 2008 A2008-15

   notified LR 30 June 2008
   s 1, s 2 commenced 30 June 2008 (LA s 75 (1))
   s 19 (1), sch 1 commenced 1 July 2008 (s 2 (2):  Offshore Petroleum Act 2006 (Cwlth), s 7 and this Act, s 10 both commenced 1 July 2008)
   remainder commenced 1 July 2008 (s 2 (1) and see National Gas (South Australia) Act 2008 (SA), s 7)

   as amended by

   National Energy Retail Law (Consequential Amendments) Act 2012 A2012-32 pt 12

   notified LR 14 June 2012
   s 1, s 2 commenced 14 June 2012 (LA s 75 (1))

   pt 12 commenced 1 July 2012 (s 2 (1) and see National Energy Retail Law (ACT) Act 2012 A2012-31, s 2 (1) and CN2012-12)

   Statute Law Amendment Act 2014 A2014‑18 sch 3 pt 3.17

   notified LR 20 May 2014
   s 1, s 2 commenced 20 May 2014 (LA s 75 (1))

   sch 3 pt 3.17 commenced 10 June 2014 (s 2 (1))

2. Amendment history

   Commencement

   s 2om LA s 89 (4)

   Interpretation of some terms in National Gas (ACT) Law and National Gas (ACT) Regulation

   s 10def adjacent area of another participating jurisdiction sub A2008-15 amdt 1.1

   am A2014‑18 amdt 3.72

   Regulation-making power

   s 18(2), (3) exp 1 July 2009 (s 18 (3))

   sub A2012‑32 s 65

   Transitional—National Energy Retail Law

   pt 5 hdgins A2012‑32 s 66

   exp 1 July 2017 (s 23)

   Validation of instruments and decisions made by AER

   s 19om LA s 89 (3)

   ins A2012‑32 s 66

   exp 1 July 2017 (s 23)

   AER—authorisation of preparatory steps

   s 20om LA s 89 (3)

   ins A2012‑32 s 66

   exp 1 July 2017 (s 23)

   Access arrangements to pipelines in ACT

   s 21ins A2012‑32 s 66

   exp 1 July 2017 (s 23)

   Transitional regulations

   s 22ins A2012‑32 s 66

   exp 1 July 2017 (s 23)

   Expiry—pt 5

   s 23ins A2012‑32 s 66

   exp 1 July 2017 (s 23)

   Amendment of this Act—Offshore Petroleum Act 2006 (Cwlth)

   sch 1om LA s 89 (3)

   Consequential amendments

   sch 2om LA s 89 (3)

1. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 1 July 2008	1 July 2008– 1 July 2009	not amended	new Act
R2 2 July 2009	2 July 2009– 30 June 2012	not amended	commenced expiry
R3 1 July 2012	1 July 2012– 9 June 2014	A2012‑32	amendments by A2012‑32
R4 10 June 2014	10 June 2014– 1 July 2017	A2014‑18	amendments by A2014‑18

1. Expired transitional or validating provisions

   This Act may be affected by transitional or validating provisions that have expired.  The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).

   Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.

   To find the expired provisions see the version of this Act before the expiry took effect.  The ACT legislation register has point-in-time versions of this Act.