New South Wales Consolidated Acts

NATIONAL GAS (NSW) LAW - SECT 64

64 Preparation of service provider performance reports relating to scheme pipelines

(1) Subject to this section, the AER may prepare a report on the financial performance or operational performance of 1 or more scheme pipeline service providers in providing pipeline services by means of a scheme pipeline.

The AER may only prepare a report under subsection (1) if the preparation of the report will or is likely to contribute to the achievement of the national gas objective: see section 28.

(1a) The AER must prepare a report under this section if (and to the extent) required by the Rules.

(2) A report prepared under this section may-

(a) deal with the financial or operational performance of the scheme pipeline service provider in relation to-

(i) complying with pipeline service standards; and

(ii) standards relating to the provision of pipeline services to users or end users; and

(iii) the profitability and efficiency of scheme pipeline service providers in providing pipeline services; and

(b) if the AER considers it appropriate, deal with the performance of the scheme pipeline service provider in relation to other matters or things if that performance is directly related to the performance or exercise by the AER of an AER economic regulatory function or power.

(3) A report prepared under this section may include-

(a) information provided to the AER by a person in compliance with a regulatory information instrument; and

(b) in the case of a report dealing with the financial performance of 1 or more scheme pipeline service providers, a comparison of the profitability or efficiency of the scheme pipeline service providers to which the report relates from the provision of pipeline services by them.

(4) Before preparing a report under this section, the AER must, in accordance with the Rules, consult with the persons or bodies specified by the Rules.

(4A) Any information that is used to prepare a report under this section may be used by the AER in preparing any report under the National Energy Retail Law or the National Energy Retail Rules, including (but not limited to) a retail market performance report under Division 2 of Part 12 of that Law.

(5) The AER may publish a report prepared under this section on its website.