NATIONAL GAS (NSW) LAW

New South Wales Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [History] [Help]

NATIONAL GAS (NSW) LAW

- As at 8 May 2024
- Act 31a of 2008

TABLE OF PROVISIONS

Long Title

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
15. (Repealed)
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
68C. (Repealed)

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

83A, 83AA. (Repealed)
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
88. (Repealed)

PART 4 - (Repealed)
None

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
122-129. (Repealed)

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
132. (Repealed)
133. Preventing or hindering access
134. (Repealed)
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

146. 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
178A. (Repealed)
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

CHAPTERS 6, 6A - (Repealed)
None

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
223A. (Repealed)
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 2 - (Repealed)
None

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
269A, 270. (Repealed)

PART 5A - DISPUTE RESOLUTION UNDER THE RULES

270A. (Repealed)
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
294H. South Australian Minister may make Rules relating to AEMO's east coast gas system reliability and supply adequacy functions

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 1 - (Repealed)
None

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
331. (Repealed)

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
334, 335. (Repealed)
335A. Penalty privilege
335B. Court may grant relief from liability
336. Savings and transitionals
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback