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This is a Bill, not an Act. For current law, see the Acts databases.
NATIONAL GAS (ACT) BILL 2008
2008
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for the Environment, Water and Climate
Change)
National
Gas (ACT) Bill 2008
Contents
Page
Part 2.1 Gas Safety
Act 2000 12
Part 2.2 Independent
Competition and Regulatory Commission Act 1997 13
Part 2.3 Legislation
Act 2001 14
Part 2.4 Utilities
Act 2000 15
2008
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for the Environment, Water and Climate
Change)
National Gas (ACT)
Bill 2008
A Bill for
An Act to establish a framework to enable third parties to gain access to
certain natural gas pipeline services, and for other
purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the National Gas (ACT) Act 2008.
(1) This Act (other than section 19 (1) and schedule 1) commences on a day
fixed by the Minister by written notice.
(2) Section 19 (1) and schedule 1 commence on the later
of—
(a) the commencement of the Offshore Petroleum Act 2006 (Cwlth),
section 7; and
(b) the day section 10 commences.
(3) The Legislation Act, section 79 (Automatic commencement of postponed
law) does not apply to this Act.
Note 1 The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
Note 2 A single day or time may be fixed, or different days or times
may be fixed, for the commencement of different provisions (see Legislation Act,
s 77 (1)).
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms
used in this Act.
Note 2 A 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)).
4 Terms
used in National Gas (ACT) Law
A term used in the National Gas (ACT) Law has the same meaning in
this Act.
Note A definition in an Act applies except so far as the contrary
intention appears (see Legislation Act, s 155).
A note included in this Act is explanatory and is not part of this
Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the
legal status of notes.
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 1 The 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 2 A 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).
7 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
2 National Gas (ACT) Law and National
Gas (ACT) Regulation
8 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.
Note The South Australian Act is accessible at
www.legislation.sa.gov.au.
(2) The 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.
Note The 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.
9 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.
Note The South Australian Act is accessible at
www.legislation.sa.gov.au.
10 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
area that is identified in the Petroleum (Submerged Lands) Act 1967
(Cwlth), section 5A (Adjacent areas) as being the adjacent area in respect of a
State.
Note State 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
3 Cross-vesting of
powers
11 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.
Note Exercise 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.
12 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 1 State includes the Northern Territory (see Legislation
Act, dict, pt 1, def State).
Note 2 Exercise 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).
13 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.
Note Exercise 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).
(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.
Note An 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.
15 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.
Note A notifiable instrument must be notified under the Legislation
Act.
16 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.
17 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.
18 Regulation-making
power
(1) The Executive may make regulations for this Act.
Note A regulation must be notified, and presented to the Legislative
Assembly, under the Legislation Act.
(2) A regulation may also prescribe transitional matters necessary or
convenient to be prescribed because of the enactment of this Act.
(3) Subsection (2) and this subsection expire 1 year after the day this
section commences.
19 Legislation
amended—schs 1 and 2
(1) This Act amends the legislation mentioned in schedule 1.
(2) This Act amends the legislation mentioned in schedule 2.
20 Repeal
of Gas Pipelines Access Act 1998
The Gas Pipelines Access Act 1998 (A1998-15) is repealed.
Schedule
1 Amendment of this Act—Offshore
Petroleum Act 2006 (Cwlth)
(see s 19 (1))
[1.1] Section
10 (1), definition of adjacent area of another participating jurisdiction
and note
substitute
adjacent area of another participating jurisdiction means the
offshore area of a State within the meaning of the Offshore
Petroleum Act 2006 (Cwlth), section 7 (Offshore areas).
Note State includes the Northern Territory (see Legislation
Act, dict, pt 1, def State).
Schedule
2 Consequential
amendments
(see s 19 (2))
Part
2.1 Gas Safety Act
2000
[2.1] Dictionary,
note 2, new dot point
insert
• National Gas (ACT) Law
[2.2] Dictionary,
definition of gas and note
substitute
gas means—
(a) natural gas; or
(b) a gas (LPG) in its vapour phase composed predominantly
of 1 or more of the following hydrocarbons:
(i) propane;
(ii) propene (propylene);
(iii) butane;
(iv) butene (butylene).
[2.3] Dictionary,
new definition of natural gas
insert
natural gas—see the National Gas (ACT) Law,
section 2.
Part
2.2 Independent Competition and
Regulatory Commission Act 1997
substitute
Note 1 The dictionary at the end of this Act defines certain terms
used in this Act, and includes references (signpost definitions)
to other terms defined elsewhere.
For example, the signpost definition
‘utility—see the Utilities Act 2000,
dictionary.’ means that the term
‘utility’ is defined in that dictionary
and the definition applies to this Act.
substitute
(3) In this section:
ACT gas distribution service means a distribution service
provided by means of a natural gas distribution pipeline.
ACT gas transmission service means a transmission service
provided by means of a natural gas transmission pipeline.
distribution pipeline—see the National Gas (ACT)
Law, section 2.
transmission pipeline—see the National Gas (ACT)
Law, section 2.
[2.6] Section
8 (1) (g) (v) to (vii)
substitute
(v) the National Gas (ACT) Law;
(vi) the National Gas (ACT) Regulation;
[2.7] Dictionary,
note 2, new dot points
insert
• National Gas (ACT) Law
• National Gas (ACT) Regulation
[2.8] Dictionary,
definitions of Gas Pipelines Access (A.C.T.) Law and Gas Pipelines
Access (A.C.T.) Regulations
omit
[2.9] Dictionary,
definition of law of the Territory, paragraphs (d) to
(f)
substitute
(d) the National Gas (ACT) Law; and
(e) the National Gas (ACT) Regulation.
[2.10] Dictionary,
definition of national gas code and note
omit
Part
2.3 Legislation Act
2001
[2.11] Dictionary,
part 1, new definitions
insert
National Gas (ACT) Law means the provisions applying because
of the National Gas (ACT) Act 2008, section 8 (Application in the ACT of
National Gas Law).
National Gas (ACT) Regulation means the provisions applying
because of the National Gas (ACT) Act 2008, section 9 (Application in the
ACT of regulations under National Gas Law).
Part
2.4 Utilities Act
2000
substitute
8 Gas—terminology
(1) In this Act:
gas means natural gas.
(2) A term used in any of the following has the same meaning in this
Act:
(a) National Gas (ACT) Act 2008;
(b) National Gas (ACT) Law;
(c) National Gas (ACT) Regulation.
Note A definition in an Act applies except so far as the contrary
intention appears (see Legislation Act, s 155).
(3) In this section:
natural gas—see the National Gas (ACT) Law,
section 2.
substitute
10 Gas networks
(1) For this Act, a gas transmission network consists of
infrastructure used, or for use, in relation to the transmission of gas by a
person through a transmission pipeline to a gas distribution network owned or
operated by another person.
(2) For this Act, a gas distribution network consists of
infrastructure used, or for use, in relation to the distribution of gas by a
person through a distribution pipeline for supply to premises of another
person.
(3) In this section:
distribution pipeline—see the National Gas (ACT)
Law, section 2.
infrastructure means—
(a) pipelines; or
(b) meters; or
(c) any equipment (including pressure control devices, excess flow valves,
control valves, actuators, electrical equipment, telemetry equipment, cathodic
protection installations, compounds, pits, buildings, signs and fences);
or
(d) any other thing ancillary to any other part of the
infrastructure.
transmission pipeline—see the National Gas (ACT)
Law, section 2.
(4) A gas network does not include infrastructure that is
outside the network boundary.
[2.14] Section
20 (2) (f) to (h)
substitute
(f) the National Gas (ACT) Act 2008;
(g) the National Gas (ACT) Law;
(h) the National Gas (ACT) Regulation;
[2.15] Sections
29 and 30
omit
[2.16] Section
45 (2), examples
omit
[2.17] Dictionary,
note 2, new dot points
insert
• National Gas (ACT) Law
• National Gas (ACT) Regulation
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 For 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).
Note A 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 Presentation speech
Presentation speech made in the Legislative Assembly on 2008.
2 Notification
Notified under the Legislation Act on 2008.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2008
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