New South Wales Consolidated Acts

NATIONAL GAS (NSW) LAW - SECT 28

28 Manner in which AER must perform or exercise AER economic regulatory functions or powers

(1) The AER must, in performing or exercising an AER economic regulatory function or power--

(a) perform or exercise that function or power in a manner that will or is likely to contribute to the achievement of the national gas objective; and

(b) if the AER is making a designated regulatory decision--

(i) ensure that--

(A) the scheme pipeline service provider that provides the pipeline services to which the applicable access arrangement decision will apply; and

(B) users or prospective users of the pipeline services that the AER considers have an interest in the matter; and

(C) any user or consumer associations or user or consumer interest groups that the AER considers have an interest in the matter,

are, in accordance with the Rules--

(D) informed of the material issues under consideration by the AER; and

(E) given a reasonable opportunity to make submissions in respect of the decision before it is made; and

(ii) specify--

(A) the manner in which the constituent components of the decision relate to each other; and

(B) the manner in which that interrelationship has been taken into account in the making of the decision; and

(2) In addition, the AER--

(a) must take into account the revenue and pricing principles--

(i) when exercising a discretion in approving or making those parts of an access arrangement relating to a reference tariff; or

(ii) when making an access determination relating to a rate or charge for a pipeline service; and

(b) may take into account the revenue and pricing principles when performing or exercising any other AER economic regulatory function or power, if the AER considers it appropriate to do so.

(3) For the purposes of subsection (2)(a)(ii), a reference to a "reference service" in the revenue and pricing principles must be read as a reference to a "pipeline service".

(4) In this section--

"user or consumer association" means an association or body (whether incorporated or unincorporated)--

(a) the members of which include more than 1 user, prospective user or end user; and

(b) that represents and promotes the interests of those members in relation to the provision of covered gas services;

"user or consumer interest group" means an association or body (whether incorporated or unincorporated)--

(a) that has, as an object or purpose, the object or purpose of representing and promoting the interests of users, prospective users or end users of covered gas services; but

(b) the members of which need not include a user, prospective user or end user.