National Gas (South Australia) (Commercial Arbitration Acts) Variation Regulations 2021 (SA)

South Australia

National Gas (South Australia) (Commercial Arbitration Acts) Variation Regulations 2021

under the National Gas (South Australia) Act 2008

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of National Gas (South Australia) Regulations

4            Insertion of regulations 7B to 7E

7BModification of procedural provisions of relevant Commercial Arbitration Act

7CProcedural provisions of relevant Commercial Arbitration Act

7DModification of review provisions of relevant Commercial Arbitration Act

7EReview provisions of relevant Commercial Arbitration Act

5            Revocation of regulation 12

Part 1—Preliminary

1—Short title

These regulations may be cited as the National Gas (South Australia) (Commercial Arbitration Acts) Variation Regulations 2021.

2—Commencement

These regulations come into operation on the day on which section 50 of the Statutes Amendment (National Energy Laws) (Omnibus) Act 2021 comes into operation.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of National Gas (South Australia) Regulations

4—Insertion of regulations 7B to 7E

After regulation 7A insert:

7B—Modification of procedural provisions of relevant Commercial Arbitration Act

For the purposes of section 270B(1) of the NGL, the application of the procedural provisions of the Commercial Arbitration Act of this jurisdiction to the hearing of a rule dispute and decisions or determinations of a Dispute resolution panel is modified—

(a)as if—

(i)the Rules providing for a rule dispute were an arbitration agreement within the meaning of that Act; and

(ii)the referral of the rule dispute to a Dispute resolution panel in accordance with the Rules were a referral to arbitration in accordance with an arbitration agreement; and

(iii)a reference in those provisions to an arbitrator were a reference to the Dispute resolution panel; and

(iv)a reference to a party to an arbitration agreement, or in an arbitration proceeding, in those provisions were a reference to a party to the rule dispute; and

(v)in those provisions for—

(A)"unless otherwise agreed in writing by the parties"; or

(B)"unless otherwise agreed by the parties",

there were substituted "unless the Rules otherwise provide" (as the case requires); and

(vi)a reference to an award of an arbitrator in those provisions were a reference to a decision or determination of a Dispute resolution panel; and

(b)with any other alterations and modifications that are necessary.

7C—Procedural provisions of relevant Commercial Arbitration Act

For the purposes of the definition of procedural provisions of the Commercial Arbitration Act of this jurisdiction in section 270B(2) of the NGL, the prescribed provisions are as follows:

(a)if the NGL is applied as a law of the Commonwealth and a rule dispute is heard and determined in that jurisdiction, Parts 4, 4A, 5 and 6 and sections 37, 38 and 39 of the Commercial Arbitration Act 2017 of the Australian Capital Territory;

(b)if the NGL is applied as a law of the State of New South Wales and a rule dispute is heard and determined in that State, Parts 4, 4A, 5 and 6 and sections 37, 38 and 39 of the Commercial Arbitration Act 2010 of New South Wales;

(c)if the NGL is applied as a law of the State of Victoria and a rule dispute is heard and determined in that State, Parts 4, 4A, 5 and 6 and sections 37, 38 and 39 of the Commercial Arbitration Act 2011 of Victoria;

(d)if the NGL is applied as a law of the State of Queensland and a rule dispute is heard and determined in that State, Parts 4, 4A, 5 and 6 and sections 37, 38 and 39 of the Commercial Arbitration Act 2013 of Queensland;

(e)if the NGL is applied as a law of the State of South Australia and a rule dispute is heard and determined in that State, Parts 4, 4A, 5 and 6 and sections 37, 38 and 39 of the Commercial Arbitration Act 2011 of South Australia;

(f)if the NGL is applied as a law of the State of Tasmania and a rule dispute is heard and determined in that State, Parts 4, 4A, 5 and 6 and sections 37, 38 and 39 of the Commercial Arbitration Act 2011 of Tasmania;

(g)if the NGL is applied as a law of the Australian Capital Territory and a rule dispute is heard and determined in that Territory, Parts 4, 4A, 5 and 6 and sections 37, 38 and 39 of the Commercial Arbitration Act 2017 of the Australian Capital Territory;

(h)if the NGL is applied as a law of the Northern Territory and a rule dispute is heard and determined in that Territory, Parts 4, 4A, 5 and 6 and sections 37, 38 and 39 of the Commercial Arbitration (National Uniform Legislation) Act 2011 of the Northern Territory.

7D—Modification of review provisions of relevant Commercial Arbitration Act

For the purposes of section 270C(2) of the NGL, the application of the review provisions of the Commercial Arbitration Act of this jurisdiction to the decision or determination under appeal is modified—

(a)as if—

(i)the Rules providing for a rule dispute were an arbitration agreement within the meaning of that Act; and

(ii)a reference to an arbitration in those provisions were a reference to the hearing of the rule dispute; and

(iii)a reference in those provisions to an award of an arbitrator were a reference to a decision or determination of a Dispute resolution panel or the other decision under appeal; and

(iv)a reference to a party to an arbitration agreement, or in an arbitration proceeding, in those provisions were a reference to a party to the rule dispute; and

(b)with any other alterations and modifications that are necessary.

7E—Review provisions of relevant Commercial Arbitration Act

For the purposes of the definition of review provisions of the Commercial Arbitration Act of this jurisdiction in section 270C(3) of the NGL, the prescribed provisions are as follows:

(a)if the NGL is applied as a law of the Commonwealth and a rule dispute is heard and determined in that jurisdiction, Part 7 of the Commercial Arbitration Act 2017 of the Australian Capital Territory;

(b)if the NGL is applied as a law of the State of New South Wales and a rule dispute is heard and determined in that State, Part 7 of the Commercial Arbitration Act 2010 of New South Wales;

(c)if the NGL is applied as a law of the State of Victoria and a rule dispute is heard and determined in that State, Part 7 of the Commercial Arbitration Act 2011 of Victoria;

(d)if the NGL is applied as a law of the State of Queensland and a rule dispute is heard and determined in that State, Part 7 of the Commercial Arbitration Act 2013 of Queensland;

(e)if the NGL is applied as a law of the State of South Australia and a rule dispute is heard and determined in that State, Part 7 of the Commercial Arbitration Act 2011 of South Australia;

(f)if the NGL is applied as a law of the State of Tasmania and a rule dispute is heard and determined in that State, Part 7 of the Commercial Arbitration Act 2011 of Tasmania;

(g)if the NGL is applied as a law of the Australian Capital Territory and a rule dispute is heard and determined in that Territory, Part 7 of the Commercial Arbitration Act 2017 of the Australian Capital Territory;

(h)if the NGL is applied as a law of the Northern Territory and a rule dispute is heard and determined in that Territory, Part 7 of the Commercial Arbitration (National Uniform Legislation) Act 2011 of the Northern Territory.

5—Revocation of regulation 12

Regulation 12—delete the regulation

Made by the Governor's Deputy

on the unanimous recommendation of the Ministers of the participating jurisdictions and with the advice and consent of the Executive Council

on 15 April 2021

No 40 of 2021