National Gas (South Australia) Act 2008 (SA)

South Australia National Gas (South Australia) 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.

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Crown to be bound 5 Application to coastal waters 6 Extra‑territorial operation Part 2—National Gas (South Australia) Law and National Gas (South Australia) Regulations 7 Application of National Gas Law 8 Application of regulations under National Gas Law 9 Interpretation of some expressions in National Gas (South Australia) Law and National Gas (South Australia) Regulations Part 3—Making of regulations and rules under National Gas Law 10 Definitions 11 General regulation‑making power for National Gas Law 12 Specific regulation‑making power 13 Making of rules Part 4—Cross vesting of powers 14 Conferral of powers on Commonwealth Minister and Commonwealth bodies to act in this State 15 Conferral of powers on Ministers of participating States and Territories to act in this State 16 Conferral of functions or powers on State Minister Part 5—General 17 Exemption from taxes 19 Conferral of functions and powers on Commonwealth bodies 20 Freedom of information 21 Role of AEMO 22 Ministerial power to suspend operation of 2009 Amendment Act 23 Application of provisions relating to short term trading markets 24 Regulation‑making power for the purposes of the National Gas (South Australia) Law Part 6—Validation of instruments and decisions of AER 25 Validation of instruments and decisions made by AER 26 AER—authorisation of preparatory steps Schedule—National Gas Law Chapter 1—Preliminary Part 1—Citation and interpretation 1 Citation 2 Definitions 2A Additives and impurities 3 Meaning of civil penalty provision 3A Civil penalty amounts for breaches of civil penalty provisions 4 Meaning of conduct provision 5 Meaning of prospective user 6 Meaning of regulatory obligation or requirement 7 Meaning of regulatory payment 8 Meaning of service provider 8AA Meaning of transportation service provider 8AB Meaning of small shipper 8A Nominated distributors 9 Passive owners of pipelines deemed to provide or intend to provide pipeline services 10 Things done by 1 service provider to be treated as being done by all of service provider group 11 Local agents of foreign service providers 12 Commissioning of a pipeline 13 Pipeline classification criterion 14 Local regulations may exempt pipeline 16 Form of regulation factors 17 Effect of separate and consolidated access arrangements in certain cases 18 Certain extensions to, or expansion of the capacity of, pipelines to be taken to be part of a scheme pipeline 19 Expansions of the capacity of non‑scheme pipelines to be taken to be part of non‑scheme pipeline 19A Related bodies corporate 20 Interpretation generally Part 2—Participating jurisdictions 21 Participating jurisdictions 22 Ministers of participating jurisdictions Part 3—National gas objective and principles Division 1—National gas objective 23 National gas objective 23A Regulations may prescribe matters for national gas objective Division 2—Revenue and pricing principles relating to scheme pipelines 24 Revenue and pricing principles relating to scheme pipelines Division 2A—Innovative trial principles 24A Innovative trial principles Division 3—MCE policy principles 25 MCE statements of policy principles Part 4—Operation and effect of National Gas Rules 26 National Gas Rules to have force of law Part 5—Corporations Act displacement 26A Corporations Act displacement Chapter 2—Functions and powers of gas market regulatory entities Part 1—Functions and powers of the Australian Energy Regulator Division 1—General 27 Functions and powers of the AER 28 Manner in which AER must perform or exercise AER economic regulatory functions or powers 29 Delegations 30 Confidentiality Division 1AA—Wholesale gas markets—AER monitoring and reporting functions Subdivision 1—Preliminary 30AA Definitions 30AB Meaning of effective competition 30AC AER wholesale market monitoring and reporting functions 30AD Information to be treated as confidential 30AE Redaction of information Subdivision 2—Use of general information gathering powers 30AF Limits on use of section 42 information gathering powers 30AG Matters to be considered before using section 42 information gathering powers Subdivision 3—Market monitoring information notices and market monitoring information orders 30AH Definitions 30AI Urgent notices and urgent orders 30AJ Content of notices and orders 30AK Notices and orders may be made for both past and future information 30AL Making and serving notices and orders 30AM AER must consult before making order 30AN Publication of orders 30AO Opportunity to be heard before notice served 30AP Compliance with notice 30AQ Compliance with order 30AR Certification of compliance by statutory declaration 30AS Subdivision does not limit powers under Division 3 Subdivision 4—Miscellaneous 30AT Wholesale market monitoring guidelines 30AU Review of wholesale market monitoring powers Division 1A—Rate of return instrument Subdivision 1—Preliminary 30A Definitions 30B Rate of return instrument has force of law 30C Rate of return instrument is binding on AER and scheme pipeline service providers Subdivision 2—Requirement to make rate of return instrument 30D AER to make rate of return instrument 30E Content of rate of return instrument Subdivision 3—Consultation requirements 30F Process for making rate of return instrument 30G Other matters AER must have regard to in making instrument 30H Requirements before publishing draft instrument 30I Consumer reference group 30J Publication of draft instrument and other information 30K Report about draft instrument by independent panel 30L Publication of explanatory information 30M Failure to comply does not affect validity Subdivision 4—Publication, review and other matters 30N Publication of rate of return instrument 30O Commencement and duration of instrument 30P Review and replacement of instrument 30Q Application of instrument 30R Rate of return instrument may apply for this Law and the National Electricity Law Subdivision 5—Confidentiality of information 30S Confidentiality 30T Disclosure of information given in confidence Division 1B—AER trial waiver functions 30U Definitions 30V Interpretative matters 30W Trial waiver 30X Conditions of trial waiver 30Y Consultation on trial waiver 30Z Publication etc of trial waiver 30ZA Duration of trial waiver 30ZB Extension of trial waiver 30ZC Compliance with trial waiver 30ZD Revocation of trial waiver 30ZE Other matters Division 2—Search warrants 31 Definitions 32 Authorised person 33 Identity cards 34 Return of identity cards 35 Search warrant 36 Announcement of entry and details of warrant to be given to occupier or other person at premises 37 Immediate entry permitted in certain cases 38 Copies of seized documents 39 Retention and return of seized documents or things 40 Extension of period of retention of documents or things seized 41 Obstruction of persons authorised to enter Division 3—General information gathering powers 42 Power to obtain information and documents in relation to performance and exercise of functions and powers Division 4—Regulatory information notices, general regulatory information orders and price information orders Subdivision 1—Interpretation 43 Definitions 44 Meaning of contributing service 45 Meaning of general regulatory information order 46 Meaning of regulatory information notice 46A Meaning of price information order 47 Division does not limit operation of information gathering powers under Division 3 Subdivision 2—Serving and making of regulatory information instruments 48 Service and making of regulatory information instruments 49 Additional matters to be considered for related provider regulatory information instruments 50 AER must consult before publishing an order 51 Publication requirements for orders 52 Opportunity to be heard before regulatory information notice is served Subdivision 3—Form and content of regulatory information instruments 53 Form and content of regulatory information instrument 54 Further provision about the information that may be described in a regulatory information instrument 55 Further provision about manner in which information must be provided to AER or kept Subdivision 4—Compliance with regulatory information instruments 56 Compliance with regulatory information notice that is served 57 Compliance with order 57A Confidentiality issues 57B Disclosure of information given to AER in compliance with regulatory information instrument 58 Exemption from compliance with general regulatory information order or price information order 59 Assumptions where there is non-compliance with regulatory information instrument Subdivision 5—General 60 Providing to AER false and misleading information 61 Person cannot rely on duty of confidence to avoid compliance with regulatory information instrument 62 Legal professional privilege not affected 63 Protection against self-incrimination Division 4A—Monitoring service providers 63A AER must monitor service providers' behaviour 63B AER must report to MCE Division 5—Service provider performance reports relating to scheme pipelines 64 Preparation of service provider performance reports relating to scheme pipelines Division 5A—Compliance and performance 64A References in this Division to service providers 64B Compliance audits by AER 64C Compliance audits by service providers 64D Carrying out of compliance audits 64E Cost of compliance audits 64F AER Compliance Procedures and Guidelines Division 6—Miscellaneous matters 65 Consideration by the AER of submissions or comments made to it under this Law or the Rules 66 Use of information provided under a notice under section 42 or a regulatory information instrument 67 AER to inform certain persons of decisions not to investigate breaches, institute proceedings or serve infringement notices 68 AER Guidelines 68A Single documentation 68B Use of information Part 2—Functions and powers of the Australian Energy Market Commission Division 1—General 69 Functions and powers of the AEMC 70 Delegations 71 Confidentiality 72 AEMC must have regard to national gas objective 72A Targets statement for greenhouse gas emissions targets 73 AEMC must have regard to MCE statements of policy principles in relation to Rule making and reviews Division 2—Rule making functions and powers of the AEMC 74 Subject matter for National Gas Rules 75 Rules relating to MCE or Ministers of participating jurisdictions require MCE consent 76 AEMC must not make Rules that create criminal offences or impose civil penalties for breaches 77 Documents etc applied, adopted and incorporated by Rules to be publicly available Division 3—Committees, panels and working groups of the AEMC 78 Establishment of committees, panels and working groups Division 4—MCE directed reviews 79 MCE directions 80 Terms of reference 81 Notice of MCE directed review 82 Conduct of MCE directed review Division 5—Other reviews 83 Rule reviews by the AEMC Division 6—Miscellaneous matters 83B Standard market timetable 83C Use of the standard market timetable 83D False or misleading statements 84 AEMC must publish and make available up to date versions of Rules 85 Fees 86 Immunity from personal liability of AEMC officials Part 3—Functions and powers of Ministers of participating jurisdictions 87 Functions and powers of Minister of this participating jurisdiction under this Law Part 5—Functions and powers of Tribunal 91 Functions and powers of Tribunal under this Law Part 6—Role of AEMO under National Gas Law Division 1—General 91A AEMO's statutory functions 91AB AEMO's power to carry out statutory functions 91AC Delegation Division 1A—AEMO's east coast gas system reliability and supply adequacy functions 91AD AEMO's east coast gas system reliability and supply adequacy functions 91AE AEMO to account to relevant Minister for performance of east coast gas system reliability and supply adequacy functions 91AF AEMO's power of direction—east coast gas system reliability and supply adequacy 91AG East Coast Gas System Procedures 91AH Compliance with East Coast Gas System Procedures Division 2—AEMO's declared system functions Subdivision 1—Preliminary 91B Application of this Division 91BA AEMO's declared system functions 91BB AEMO to account to relevant Minister for performance of declared system functions Subdivision 2—Power of direction 91BC AEMO's power of direction 91BD Protection from liability Subdivision 3—AEMO's relationship with transmission system service providers and facility owners 91BE Service envelope agreement between AEMO and transmission pipeline service provider 91BF Interconnection with facilities 91BG Operating agreement between AEMO and facility owner 91BH General principles governing determinations Subdivision 4—Declared wholesale gas market 91BI Market participation 91BJ Registration required for market participation 91BK Certificates of registration etc Subdivision 5—Wholesale Market Procedures 91BL Wholesale Market Procedures 91BM Nature of Wholesale Market Procedures 91BN Compliance with Wholesale Market Procedures Subdivision 6—Ownership of gas in declared transmission system 91BO Ownership of gas 91BP Title to gas Subdivision 7—Immunity 91BQ Immunity 91BR Immunity in dealing with an emergency Division 2A—Short term trading markets Subdivision 1—Preliminary 91BRA Application of this Division 91BRB AEMO's STTM functions Subdivision 2—Short term trading markets 91BRC Market participation 91BRD Registration required for market participation 91BRE Certificates of registration etc 91BRF Title to gas 91BRG Gas supplied to STTM hub must meet quality specifications specified in the Rules Subdivision 3—STTM Procedures 91BRH STTM Procedures 91BRI Nature of STTM Procedures 91BRJ Compliance with STTM Procedures Division 2B—Gas trading exchanges 91BRK AEMO's gas trading exchange functions 91BRL Gas trading exchange not to constitute a regulated gas market Division 2C—Capacity auctions for transportation services 91BRM AEMO's capacity auction functions 91BRN Capacity auctions not to constitute a regulated gas market Division 2D—Capacity Transfer and Auction Procedures 91BRO Making of Capacity Transfer and Auction Procedures 91BRP Nature of Capacity Transfer and Auction Procedures 91BRQ Compliance with Capacity Transfer and Auction Procedures Division 2E—Registration in relation to transportation facility 91BRR Registration obligation 91BRS Exemptions from obligation to register 91BRT Certificates of registration and exemption from registration Division 3—Information etc to be provided to Ministers 91C Ministerial request 91CA Compliance with request 91CB Quarterly report Division 4—Gas statement of opportunities 91D Object and content of gas statement of opportunities 91DA AEMO's obligation in regard to gas statement of opportunities 91DB Information for the gas statement of opportunities 91DC Person cannot rely on duty of confidence to avoid compliance with obligation 91DD Giving AEMO false or misleading information 91DE Immunity of persons giving GSOO information to AEMO 91DF GSOO Procedures 91DG Nature of GSOO Procedures 91DH Compliance with GSOO Procedures Division 5—Fees and charges 91E AEMO fees and charges Division 6—Information gathering Subdivision 1—Market information orders and market information notices 91F Information gathering powers 91FA Making and publication of general market information order 91FB Service of market information notice 91FC Compliance with market information instrument 91FD Use of information 91FE Providing false or misleading information Subdivision 2—STTM information 91FEA Obligation to give information to AEMO 91FEB Person cannot rely on duty of confidence to avoid compliance with obligation 91FEC Giving to AEMO false and misleading information 91FED Immunity of persons giving information to AEMO Subdivision 3—Capacity auction information 91FEE Obligation to give information to AEMO 91FEF Person cannot rely on duty of confidence to avoid compliance with obligation 91FEG Giving to AEMO false and misleading information 91FEH Immunity of persons giving information to AEMO Subdivision 4—Information used for a capacity auction 91FEI Giving false and misleading information used for capacity auctions Subdivision 5—Declared wholesale gas market information 91FEJ Information required to be given to AEMO 91FEK Person cannot rely on duty of confidence to avoid compliance with obligation 91FEL Giving AEMO false or misleading information 91FEM Immunity of persons giving information to AEMO Division 7—Protected information Subdivision 1—AEMO's obligation to protect information 91G Protected information Subdivision 2—Disclosure of protected information held by AEMO 91GA Authorised disclosure of protected information 91GB Disclosure with prior written consent 91GC Disclosure required or permitted by law etc 91GD Disclosure for purposes of court and tribunal proceedings 91GE Disclosure of document with omission of protected information 91GF Disclosure of non-identifying information 91GFA Disclosure of information in an aggregated form 91GG Disclosure of protected information for safety, proper operation of the market etc 91GH Disclosure of protected information authorised if detriment does not outweigh public benefit Division 8—Obligation to make payments 91H Obligations under Rules or Procedures to make payments Division 9—AEMO's statutory funds 91J Definitions 91JA AEMO's Rule funds 91JB Payments into and out of Rule funds 91JC Investment Division 10—Immunity 91K Immunity from liability 91KA Supply interruption or disconnection in compliance with AEMO's direction 91KB Immunity in relation to use of computer software 91KC Immunity from liability—dispute resolution Division 11—Other matters 91KD Disclosure of information for purpose of market trials Part 7—Regulation of retail gas markets Division 1—Registration 91L Retail gas markets 91LA Retail market participation 91LB Registration required for market participation 91LC Certificates of registration etc Division 2—Retail Market Procedures 91M Retail Market Procedures 91MA Nature of Retail Market Procedures 91MB Compliance with Retail Market Procedures Chapter 3—Regulatory framework for pipelines Part 1—Scheme pipeline determinations and scheme pipeline elections Division 1—Scheme pipeline determinations 92 AER may make scheme pipeline determination 93 Requirements for making, or not making, a scheme pipeline determination 94 Effect of scheme pipeline determination Division 2—Scheme pipeline elections 95 Scheme pipeline elections 96 Effect of scheme pipeline elections Part 2—Scheme pipeline revocation determinations 97 AER may make scheme pipeline revocation determination 98 Requirements for making, or not making, a scheme pipeline revocation determination 99 Effect of scheme pipeline revocation determination Part 3—Greenfields incentive determinations and greenfields price protection determinations Division 1—Greenfields incentive determinations 100 AER may make greenfields incentive determination 101 Requirements for making, or not making, a greenfields incentive determination 102 Effect of greenfields incentive determination 103 Requirement for conformity between pipeline description and pipeline as constructed 104 Power of AER to amend pipeline description Division 2—Early termination of greenfields incentive determination 105 Greenfields incentive determination may lapse 106 Revocation by consent 107 Revocation for misrepresentation 108 Exhaustive provision for termination of greenfields incentive determination Division 3—Greenfields price protection determinations 109 AER may make greenfields price protection determination 110 Requirements for making, or not making, a greenfields price protection determination 111 Effect of greenfields price protection determination Part 4—Principles governing the making of particular determinations 112 Principles governing the making of particular determinations Part 5—Access arrangements for scheme pipelines Division 1—Submissions generally 113 Submission of access arrangement or revisions to applicable access arrangement Division 2—Provisions relating to applicable access arrangements 114 Protection of certain pre-existing contractual rights 115 Service provider may enter into agreement for access different from applicable access arrangement 116 Applicable access arrangements continue to apply regardless of who provides pipeline service Part 6—Classification and reclassification of pipelines Division 1—Classification of pipelines 117 Application for classification of pipeline Division 2—Reclassification of pipelines 118 Reclassification of pipelines Division 3—Provisions relating to classification and reclassification decisions 119 Requirements for making classification or reclassification decisions 120 Effect of classification decision or reclassification decision Part 7—AER reviews into designated pipelines 121 AER reviews Chapter 4—General requirements for provision of pipeline services Part A1—Preliminary 130 Application of this Chapter Part 1—General duties for provision of pipeline services by pipelines 131 Service provider must be legal entity of a specified kind to provide pipeline services 133 Preventing or hindering access 135 Service provider must comply with queuing requirements 136 Compliance with pipeline interconnection principles 136A Prohibition against increasing charges to subsidise particular development 136B Prohibition on bundling of services 136C Service providers must publish prescribed transparency information Part 2—Structural and operational separation requirements (ring fencing) Division 1—Interpretation 137 Definitions 138 Meaning of marketing staff Division 2—Minimum ring fencing requirements 139 Carrying on of related businesses prohibited 140 Marketing staff and the taking part in related businesses 141 Accounts that must be prepared, maintained and kept Division 3—Additional ring fencing requirements 142 Division does not limit operation of Division 2 143 AER ring fencing determinations 144 AER to have regard to likely compliance costs of additional ring fencing requirements 145 Types of ring fencing requirements that may be specified in an AER ring fencing determination Division 4—Associate contracts 147 Service provider must not enter into or give effect to associate contracts that have anti-competitive effect 148 Service provider must not enter into or give effect to associate contracts inconsistent with competitive parity rule Division 5—Exemptions from particular requirements 148AA Exemptions from section 147(c) 148A Exemptions from particular requirements Part 3—Negotiation of access 148B Definition 148C Access proposals 148D Duty to negotiate in good faith Part 4—AER reviews about application of this Chapter 148E AER reviews about application of this Chapter Chapter 5—Access disputes Part 1—Interpretation and application 149 Definitions 150 Application of this Chapter to disputes arising under the Rules 151 Chapter does not limit how disputes about access may be raised or dealt with Part 2—Notice of access dispute and other provisions Division 1—Notice of access dispute 152 Notice of access dispute 153 Withdrawal of notice Division 2—Parties to an access dispute 154 Parties to an access dispute Part 3—Alternative dispute resolution for access disputes Division 1—Alternative dispute resolution for scheme pipeline access disputes 155 Dispute resolution body may require parties to engage in alternative dispute resolution Division 2—Mediation of access disputes involving small shippers 156 Small shipper may elect to have access dispute mediated 157 Appointment of mediator 158 Party's lawyer may be present at mediation Part 4—Arbitration of non‑scheme pipeline access disputes 159 Reference of non‑scheme pipeline access dispute to arbitration 160 Appointment of arbitrator Part 5—Access determination Division 1—Determination of access disputes generally 161 Determination of access dispute 162 Matters to be taken into account for access disputes 163 Restrictions on access determinations 164 Access determinations and part contributions of capital to fund installations or the construction of new facilities Division 2—Particular provisions relating to scheme pipeline access disputes 165 Access determination must give effect to applicable access arrangement 166 Rules may allow determination that varies applicable access arrangement for installation of a new facility Part 6—Variation of access determinations 167 Variation of access determination—scheme pipeline disputes 168 Variation of access determination—non‑scheme pipeline disputes Part 7—Termination of access dispute 169 Relevant adjudicator may terminate access dispute in particular circumstances Part 8—Compliance with access determinations 170 Compliance with access determination 171 Subsequent service providers bound by access determinations Part 9—Access dispute hearing procedure 172 Part applies subject to any modifications prescribed by the Regulations 173 Fast track resolution process—scheme pipeline access disputes 174 Hearing to be in private 175 Right to representation 176 Procedure of relevant adjudicator 177 Particular powers of relevant adjudicator in a hearing 178 Role of a dispute resolution expert 179 Disclosure of information 180 Power to take evidence on oath or affirmation 181 Failing to attend as a witness 182 Failing to answer questions etc 183 Intimidation etc 184 Particular powers of a relevant adjudicator in a hearing Part 10—Costs Division 1—Scheme pipeline access disputes 185 Costs—scheme pipeline access disputes 186 Outstanding costs are a debt due to party awarded the costs—scheme pipelines 187 Regulations about the costs to be paid by parties to access dispute—scheme pipelines Division 2—Non‑scheme pipeline disputes 188 Costs of arbitration of non‑scheme pipeline disputes Division 3—Mediation of access disputes involving small shippers 189 Costs of mediation of access disputes involving small shippers Part 11—Joint access dispute hearings—scheme pipeline disputes 190 Definition 191 Joint dispute hearing 192 Consulting the parties 193 Constitution and procedure of dispute resolution body for joint dispute hearings 194 Record of proceedings etc Part 12—Miscellaneous matters 195 Correction of access determinations for clerical mistakes etc 196 User's existing capacity rights during an access dispute Chapter 5A—Third‑party access obligations for non‑pipeline facilities Part 1—Information transparency 197 Definitions 198 Information and transparency requirements relating to facilities 199 Publication of information relating to facilities Part 2—Access to certain facilities 200 Definitions 201 Preventing or hindering access to relevant facilities 202 Terms and conditions must not discriminate 203 Duty to negotiate in good faith 204 Rules about ring fencing Chapter 7—The Gas Bulletin Board Part 1—AEMO to be Bulletin Board operator 217 AEMO to be Bulletin Board operator 218 AEMO's obligation to maintain Bulletin Board 219 AEMO's other functions as operator of Gas Bulletin Board 222 Fees for services provided Part 2—Bulletin Board information 223 Obligation to give information to AEMO 224 Person cannot rely on duty of confidence to avoid compliance with obligation 225 Giving false or misleading information 226 Immunity of persons giving information to AEMO or AER 226A Provision of certain information to AER Part 3—BB Procedures 227 BB Procedures 228 Nature of BB Procedures 228A Compliance with BB Procedures Chapter 7A—Access to operational transportation services Part 1—Standard terms for operational transportation services 228B Transportation service provider to publish standard OTSA 228C Formation of contracts on standard terms 228D Exemptions from obligations under section 228B or 228C 228E Requirements relating to standard OTSA 228F Service provider may enter into agreements different from a standard OTSA Part 2—Operational Transportation Service Code 228G Operational Transportation Service Code 228H Nature of the Operational Transportation Service Code Part 3—Other matters relating to access to operational transportation services 228I Service requirements may be specified in the Rules 228J When operational transfer must be offered 228K Preventing or hindering access to operational transportation services 228L Transportation service provider providing operational transportation services must not price discriminate Chapter 8—Proceedings under the National Gas Law Part 1—Proceedings generally 229 Instituting civil proceedings under this Law 230 Time limits within which proceedings may be instituted Part 1A—Enforceable undertakings 230A Enforceable undertakings Part 2—Proceedings for breaches of this Law, Regulations, the Rules or the Procedures 231 AER proceedings for breaches of this Law, Regulations or the Rules that are not offences 232 Proceedings for declaration that a person has breached a conduct provision 233 Actions for damages by persons for breach of conduct provision Part 3—Matters relating to breaches of this Law, the Regulations or the Rules 234 Matters for which there must be regard in determining amount of civil penalty 235 Breach of a civil penalty provision is not an offence 236 Breaches of civil penalty provisions involving continuing failure 237 Conduct in breach of more than 1 civil penalty provision 238 Persons involved in breach of civil penalty provision or conduct provision 239 Attempt to breach a civil penalty provision 240 Civil penalties payable to the Commonwealth Part 4—Judicial review of decisions under this Law, the Regulations and the Rules 241 Definition 242 Applications for judicial review of decisions of the AEMC 243 Applications for judicial review of AEMO's decisions Part 5—Merits review and other non-judicial review Division 1—Interpretation 244 Definitions Division 3—Tribunal review of information disclosure decisions 263 Application for review 264 Exclusion of public in certain cases 265 Determination in the review 266 Tribunal must be taken to have affirmed decision if decision not made within time 267 Assistance from AER or AEMO Division 4—General 268 Costs in a review 269 Amount of costs Part 5A—Dispute resolution under the Rules 270B Commercial Arbitration Acts to apply to proceedings before Dispute resolution panels 270C Appeals on questions of law from decisions or determinations of Dispute resolution panels Part 6—Enforcement of access determinations 271 Enforcement of access determinations 272 Consent injunctions 273 Interim injunctions 274 Factors relevant to granting a restraining injunction 275 Factors relevant to granting a mandatory injunction 276 Discharge or variation of injunction or other order Part 7—Infringement notices 277 Power to serve notice 278 Form of notice 279 Infringement penalties 280 AER cannot institute proceedings while infringement notice on foot 281 Late payment of penalty 282 Withdrawal of notice 283 Refund of infringement penalty 284 Payment expiates breach of civil penalty provision 285 Payment not to have certain consequences 286 Conduct in breach of more than 1 civil penalty provision Part 8—Further provision for corporate liability for breaches of this Law etc 287 Definition 288 Offences and breaches by corporations 289 Corporations also in breach if officers and employees are in breach Chapter 9—The making of the National Gas Rules Part 1—General Division 1—Interpretation 290 Definitions Division 2—Rule making tests 291 Application of national gas objective 292 AEMC must take into account form of regulation factors in certain cases 293 AEMC must take into account revenue and pricing principles in certain cases 293A AEMC must take into account innovative trial principles in certain cases Part 2—Minister initiated National Gas Rules Division 1—Initial Rules made by Minister 294 South Australian Minister to make initial National Gas Rules 294A South Australian Minister to make initial Rules and Procedures related to AEMO's functions under this Law 294B South Australian Minister to make initial Rules related to AEMO's declared STTM functions 294C South Australian Minister may make initial Rules and Retail Market Procedures relating to implementation of NERL and NERR 294CA South Australian Minister may make consequential Rules relating to rate of return instrument 294D South Australian Minister to make initial Rules relating to AEMO's gas trading exchange functions 294DA South Australian Minister to make initial Rules relating to the capacity reforms 294E South Australian Minister to make initial Rules relating to Energy Consumers Australia 294EA South Australian Minister to make initial Rules relating to regulatory sandboxing 294F South Australian Minister to make initial Rules relating to access to non‑scheme pipelines 294FA South Australian Minister to make initial Rules relating to enhanced market transparency 294FB South Australian Minister to make initial Rules relating to pipeline regulation 294FC South Australian Minister to make initial Rules relating to national gas objective 294FD South Australian Minister to make initial Rules relating to other gases 294FE South Australian Minister to make initial Rules relating to wholesale market monitoring matters Division 2—Rules made by Minister from time to time 294G South Australian Minister may make Rules on recommendation of MCE and Energy Security Board Part 3—Procedure for the making of a Rule by the AEMC 295 Initiation of making of a Rule 296 AEMC may make more preferable Rule in certain cases 297 AEMC may make Rules that are consequential to a Rule request 298 Content of requests for a Rule 299 Waiver of fee for Rule requests 300 Consolidation of 2 or more Rule requests 301 Initial consideration of request for Rule 302 AEMC may request further information from Rule proponent in certain cases 303 Notice of proposed Rule 304 Publication of non-controversial or urgent final Rule determination 304A Publication of final Rule determination for trial Rule 305 "Fast track" Rules where previous public consultation by gas market regulatory body or an AEMC review 306 Right to make written submissions and comments 307 AEMC may hold public hearings before draft Rule determination 308 Draft Rule determination 309 Right to make written submissions and comments in relation to draft Rule determination 310 Pre-final Rule determination hearing may be held 311 Final Rule determination 312 Proposal to make more preferable Rule 313 Making of Rule 314 Operation and commencement of Rule 314A Extension of trial Rule 314B AEMC may impose requirements on proponent of trial project on making trial Rule 314C AEMC may revoke trial Rule on recommendation of AER 314D Special provision for revocation of trial Rule 315 Rule that is made to be published on website and made available to the public 316 Evidence of the National Gas Rules Part 4—Miscellaneous provisions relating to rule making by the AEMC 317 Extension of periods of time in Rule making procedure 318 AEMC may extend period of time for making of final Rule determination for further consultation 319 AEMC may publish written submissions and comments unless confidential 320 AEMC must publicly report on Rules not made within 12 months of public notification of requests 320A Subsequent rule making by AEMC Chapter 10—General Part 2—Handling of confidential information Division 1—Disclosure of confidential information held by AER 324 Authorised disclosure of information given to the AER in confidence 325 Disclosure with prior written consent is authorised 326 Disclosure for purposes of court and tribunal proceedings and to accord natural justice 326A Disclosure of information to Energy Security Board 327 Disclosure of information given to the AER with confidential information omitted 328 Disclosure of information given in confidence does not identify anyone 328A Disclosure of information that has entered the public domain 328B Disclosure of information in an aggregated form 329 Disclosure of information authorised if detriment does not outweigh public benefit Division 2—Disclosure of confidential information held by AEMC 330 Confidentiality of information Part 3—Miscellaneous 332 Failure to make a decision under this Law or the Rules within time does not invalidate the decision 333 Withdrawal of applications relating to particular determinations or classification 335A Penalty privilege 335B Court may grant relief from liability 336 Savings and transitionals Schedule 1—Subject matter for the National Gas Rules Schedule 2—Miscellaneous provisions relating to interpretation Part 1—Preliminary 1 Displacement of Schedule by contrary intention Part 2—General 2 Law to be construed not to exceed legislative power of Legislature 3 Changes of drafting practice not to affect meaning 4 Material that is, and is not, part of Law 5 References to particular Acts and to enactments 6 References taken to be included in Act or Law citation etc 7 Interpretation best achieving Law's purpose 8 Use of extrinsic material in interpretation 9 Compliance with forms Part 3—Terms and references 10 Definitions 11 Provisions relating to defined terms and gender and number 12 Meaning of may and must etc 13 Words and expressions used in statutory instruments 14 References to Minister 15 Production of records kept in computers etc 16 References to this jurisdiction to be implied 17 References to officers and holders of offices 18 Reference to certain provisions of Law Part 4—Functions and powers 19 Performance of statutory functions 20 Power to make instrument or decision includes power to amend or repeal 21 Matters for which statutory instruments may make provision 22 Presumption of validity and power to make 23 Appointments may be made by name or office 24 Acting appointments 25 Powers of appointment imply certain incidental powers 26 Delegation 27 Exercise of powers between enactment and commencement Part 5—Distance and time 28 Matters relating to distance and time Part 6—Service of documents 29 Service of documents and meaning of service by post etc 30 Meaning of service by post etc Part 7—Evidentiary matters Division 1—Publication on websites 31 Definitions 32 Publication of decisions on websites Division 2—Evidentiary certificates 33 Definitions 34 Evidentiary certificates—AER 35 Evidentiary certificates—AEMC 38 Evidentiary certificates—AEMO Part 8—Commencement of this Law and statutory instruments 39 Time of commencement of this Law or a provision of this Law 40 Time of commencement of a Rule Part 9—Effect of repeal, amendment or expiration 41 Time of Law, the Regulations or Rules ceasing to have effect 42 Repealed Law, Regulation or Rule provisions not revived 43 Saving of operation of repealed Law, Regulation or Rule provisions 44 Continuance of repealed provisions 45 Law and amending Acts to be read as one Part 10—Offences under this Law 46 Penalty at foot of provision 47 Penalty other than at foot of provision 47A Indexation of civil penalty amounts 47B Indexation of criminal penalties 48 Indictable offences and summary offences 49 Double jeopardy 50 Aiding and abetting, attempts etc Part 11—Instruments under this Law 51 Schedule applies to statutory instruments 51A Rate of return instrument construed not to exceed the legislative power of the Legislature of this jurisdiction or the powers conferred by this Law 52 National Gas Rules to be construed so as not to exceed the legislative power of the Legislature of this jurisdiction or the powers conferred by this Law 53 Invalid Rules 53A Invalid rate of return instrument Schedule 3—Savings and transitionals Part 1—General 1 Definitions 1A Words in particular provisions have meanings given by former section 2 2 Schedule subject to jurisdictional transitional arrangements in jurisdictional legislation Part 2—General savings provision 3 Saving of operation of old access law and Gas Code Part 3—Classification and coverage of pipelines 4 Pending applications for the classification of pipelines lapse 5 Old scheme coverage determinations 6 Old scheme covered transmission pipelines 7 Old scheme covered distribution pipelines 8 Pending coverage applications under old scheme (before NCC recommendation) 9 Pending relevant Minister decisions in relation to coverage under old scheme 10 Pending relevant Minister decisions in relation to coverage that are reviewed under old scheme 11 Pending old scheme coverage determinations where no applications for review under old scheme 12 Pending old scheme coverage determinations where applications for review under old scheme on foot 13 Pending old scheme no-coverage determinations where no applications for review under old scheme 14 Pending old scheme no-coverage determinations where applications for review under old scheme on foot 15 Pending coverage revocation applications under old scheme (before NCC recommendation) 16 Pending relevant Minister decisions in relation to coverage revocation under old scheme 17 Pending relevant Minister decisions in relation to coverage revocation that are reviewed under old scheme 18 Pending old scheme coverage revocation determinations where no applications for review under old scheme 19 Pending old scheme coverage revocation determinations where applications for review under old scheme on foot 20 Pending old scheme coverage non-revocation determinations where no applications for review under old scheme 21 Pending old scheme coverage non-revocation determinations where applications for review under old scheme on foot 22 Binding no-coverage determinations 23 Pending applications for binding no-coverage determinations (before NCC recommendation) 24 Pending relevant Minister decisions for binding no-coverage determinations under old scheme 25 Pending relevant Minister decisions in relation to binding no‑coverage determinations that are reviewed under old scheme Part 4—Access arrangements 26 Current access arrangements (other than old scheme limited access arrangements) 27 Old scheme limited access arrangements 28 Access arrangements submitted but not approved or rejected before repeal of old scheme 29 Access arrangement revisions submitted but not approved or rejected before repeal of old scheme 30 Certain provisions of the Gas Code to continue to apply to current and proposed access arrangements 31 Certain decisions relating to certain access arrangements are reviewable regulatory decisions for purposes of Chapter 8 Part 5 of the Law 32 Limited access arrangements submitted but not approved before repeal of old scheme 33 Extensions and expansions policies 34 Queuing policies Part 5—Price regulation exemptions 35 Old scheme price regulation exemptions 36 Pending applications for price regulation exemptions 37 Pending Commonwealth Minister decisions for price regulation exemptions Part 6—Structural and operational separation (ring fencing) 38 Definitions 39 Compliance with certain old scheme ring fencing requirements sufficient compliance for 6 month period 40 Existing waivers of ring fencing obligations 41 Additional ring fencing obligations Part 7—Access disputes 42 Non-finalised access disputes Part 8—Investigations and proceedings 43 Investigations into breaches and possible breaches of the old access law or Gas Code 44 AER may conduct investigations into breaches or possible breaches of Gas Pipelines Access Law not investigated by a relevant Regulator 45 AER may bring proceedings in relation to breaches of old access law and Gas Code Part 9—Associate contracts 46 Pending associate contract approvals that are approved after commencement day 47 Pending associate contracts approvals that are not approved 48 Approved associate contracts Part 10—Other 49 Pending and final tender approval requests lapse 50 Decisions approving final approval requests 51 Rights under certain change of law provisions in agreements or deeds not to be triggered 52 References to relevant Regulator in access arrangements 53 Old scheme classifications and scheme participant determinations Part 11—Transitional provisions related to AEMO's new functions and its assumption of role of former gas market operators Division 1—Preliminary 54 Definitions Division 2—General provisions 55 Saving operation of superseded jurisdictional rules 56 Transitional provisions governing accrued and accruing rights, liabilities etc 57 Investigations 58 Proceedings for breach of superseded jurisdictional rules 59 Dispute resolution 60 Registered participants 61 Instruments made by former gas market operators 62 Rule change proposals 63 Incompatibility between request for the making of Rule or Procedure and Minister-initiated Rule or Procedure 64 Natural Gas Services Bulletin Board 65 Publication of notices etc 66 Rights under change of law provisions not to be triggered by amendments to this Law etc Division 3—Transfer of assets and liabilities of GMC and AEMO T 67 Transfer of assets and liabilities 68 Transfer of AEMO T's assets and liabilities 69 Effect of relevant transfer order 70 Continued effect of certain acts by GMC or AEMO T 71 Continuation of proceedings 72 Validity and effect of things done under this Division 73 Evidence of transfer 74 Obsolete references Division 4—Acceptance of transfer from former gas market operators and AEMO T 75 Parties to transfer must do anything necessary to perfect transfer 76 Corporations Act displacement Division 5—Fees and charges 77 AEMO's fees and charges 78 Establishment expenditure 79 Expenditure on gas statement of opportunities Division 6—Information 80 Transferred information 81 Calculations Division 7—Deferral of relevant legislative innovations in Queensland 82 Queensland Minister's power to defer commencement of relevant legislative innovations Division 8—Special transitional provisions for South Australia 83 Definitions 84 Transitional contracts 85 Contractual provisions for dispute resolution 86 Risk allocation Part 12—Transitional provision related to short term trading markets 87 Initial STTM Procedures Part 13—Application of National Energy Retail Law amendments 88 Application of National Energy Retail Law amendments Part 14—Information publication 89 Information publication Part 15—Transitional provision related to AEMC rule making powers 90 AEMC rule making powers Part 16—Transitional provisions relating to capacity trading and auctions and harmonisation amendments 91 Immunity from liability—implementation or use of standard market timetable 92 Immunity from liability—supply of capacity through capacity auctions 93 Immunity for giving effect to the auction priority principles 94 Transitional regulations Part 17—Transitional provisions for rate of return instrument 95 Definitions 96 Making first rate of return instrument if review not completed before commencement 97 Making first rate of return instrument if review completed before commencement 98 Application of this Law to particular decisions Part 18—Savings and transitional provisions related to Ministerial Council on Energy amendments 99 Definitions 100 References to Ministerial Council on Energy 101 Rights under certain change of law provisions in agreements or deeds not to be triggered 102 Rights under contracts etc 103 Saving of decisions etc Part 19—Transitional provisions related to pipeline regulation amendments Division 1—Preliminary 104 Definitions Division 2—Regulation and classification of pipelines Subdivision 1—Covered pipelines generally 105 Particular covered pipelines deemed to be scheme pipelines Subdivision 2—Provisions for tender approval pipelines 106 Particular tender approval pipelines become scheme pipelines 107 When particular scheme pipelines become non‑scheme pipelines Subdivision 3—Provisions for voluntary access arrangement pipelines 108 Particular voluntary access arrangement pipelines become scheme pipelines 109 When particular scheme pipelines become non‑scheme pipelines Subdivision 4—Classification of pipelines 110 Classification under pre-amended Law continues in effect 111 Pipelines not classified under pre-amended Law or jurisdictional gas legislation 112 Notice to be given about classification of particular pipelines Division 3—Pending matters under Chapter 3 of pre-amended Law 113 Pending applications under Chapter 3 of pre-amended Law 114 Recommendation-making process under Chapter 3 of pre-amended Law 115 Decision-making process under Chapter 3 of pre-amended Law Division 4—Provisions for limited access arrangements 116 Limited access arrangements 117 Submission of limited access arrangement Division 5—Provisions for 15-year no-coverage determinations Subdivision 1—General provisions 118 15-year no-coverage determinations deemed to be greenfields incentive determinations 119 Exemption for pipelines to which a 15‑year no-coverage determination applied 120 Pending applications for 15‑year no-coverage determinations under pre-amended Law Subdivision 2—Price regulation exemptions 121 Pending applications for price regulation exemption 122 Making of recommendations for price regulation exemptions 123 Granting of price regulation exemptions 124 Price regulation exemptions deemed to be greenfields incentive determinations Division 6—Access disputes 125 Access disputes started under pre-amended Law Division 7—Miscellaneous provisions 126 Service provider for non‑scheme pipeline not required to comply with section 131 127 Exemptions from minimum ring fencing requirements 128 Delayed commencement of ring fencing requirements for non‑scheme pipelines 129 Provision for Goldfields Gas Pipeline 130 Provision for Northern Gas Pipeline 131 Pending applications under Rules for approval of tender process 132 Decision-making process under Rules for approval of tender process Part 20—Transitional provisions related to national gas objective amendments 133 Definitions 134 When amended objective takes effect for particular matters 135 Application of national gas objective to particular matters in progress on start day 136 Administrative guidance for decisions under clause 135(3) 137 Administrative guidance about value of greenhouse gas emissions 138 Validation of things done in relation to Rules before commencement Part 21—Transitional provisions related to other gas amendments Division 1—Preliminary 139 Definitions Division 2—Gas Bulletin Board 140 Gas Bulletin Board 141 References to Natural Gas Services Bulletin Board Division 3—Other matters 142 Greenfields incentive determinations 143 Greenfields price protection determinations 144 Information transparency rules Legislative history