Pipeline Authority Amendment Act 1985

Overview

The Pipeline Authority Amendment Act 1985, enacted by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, is an amendment to the Pipeline Authority Act 1973. This Act aims to update the membership structure and operational procedures of the Pipeline Authority. The changes include increasing the size of the Authority from five to six members, modifying the nomination process to include a representative from The Australian Gas Light Company, and adjusting the quorum requirement for meetings. These amendments were introduced to ensure the Authority can effectively carry out its functions and adapt to the evolving needs of the industry. The policy objective of these changes is to enhance the efficiency and representation within the Pipeline Authority, facilitating better governance and decision-making in the pipeline sector.

Scope and Application

The Pipeline Authority Amendment Act 1985 amends the Pipeline Authority Act 1973, which primarily pertains to the regulation and administration of pipeline infrastructure within Australia. This Act applies to the Pipeline Authority, an entity established under the Principal Act, and its membership, meetings, and operational powers. The amendments specifically alter the composition of the Authority by increasing the total number of members from five to six, with a new requirement for one of the part-time members to be nominated by The Australian Gas Light Company. Additionally, it modifies the quorum for meetings, increasing the number required from three to four members, and it streamlines the Authority's general powers by removing certain conditions and limitations that were previously in place. The Act's jurisdictional reach is national, operating under the authority of the Commonwealth of Australia. While the Act itself does not explicitly state exclusions or thresholds, its application can be further defined or restricted through subordinate instruments or regulations made under the authority of the Principal Act.

Key Provisions

The Pipeline Authority Amendment Act 1985 amends the Pipeline Authority Act 1973, introducing several significant changes to the membership, operations, and procedures of the Pipeline Authority. Section 3 amends the membership of the Authority by increasing the total number of members from five to six (section 6(1) of the Principal Act) and reducing the number of part-time members from two to three (section 6(1)(d) of the Principal Act). Notably, one of these part-time members must be nominated by The Australian Gas Light Company (section 6(1)(d) of the Principal Act). Additionally, section 4 introduces restrictions on acting appointments, stipulating that a person cannot be appointed to act as a part-time member if there is a vacancy in the office of a part-time member nominated by The Australian Gas Light Company, or if such a member is otherwise unable to perform their duties, unless the acting appointee has also been nominated by The Australian Gas Light Company (section 11(4a) of the Principal Act). Furthermore, section 5 changes the quorum for meetings of the Authority from three to four members (section 12(3) of the Principal Act). Section 6 modifies the general powers of the Authority by removing the conditionality imposed by subsection (2) and eliminating subsection (3) (section 15 of the Principal Act). The Act imposes several obligations on the Pipeline Authority and potentially on The Australian Gas Light Company, primarily concerning the nomination and appointment of members. The Authority must ensure that one of its part-time members is nominated by The Australian Gas Light Company, and it must adhere to the new quorum requirement for meetings. Additionally, The Australian Gas Light Company has the obligation to nominate a suitable candidate for the part-time member position and, in the event of a vacancy or incapacity, to nominate a replacement for acting appointments. These obligations are designed to maintain the Authority's operational integrity and ensure continued representation from The Australian Gas Light Company. The Act does not explicitly outline specific offences, penalties, or consequences for breaches of its provisions within the text provided. However, breaches of the requirements set out in the amended sections could potentially lead to legal consequences under the broader legislative framework of the Pipeline Authority Act 1973 or other relevant laws. For instance, failure to comply with the membership requirements or meeting quorum could result in actions for mandamus or other judicial remedies to enforce compliance. The maximum penalties for such breaches would typically be determined by the courts based on the specific nature and impact of the non-compliance, as well as any other applicable laws.