New South Wales Consolidated Acts

NATIONAL GAS (NSW) LAW - SECT 74

74 Subject matter for National Gas Rules

(1) Subject to this Division, the AEMC, in accordance with this Law and the Regulations, may make Rules, to be known, collectively, as the "National Gas Rules", for or with respect to--

(a) regulating--

(i) access to pipeline services; and

(ii) the provision of pipeline services; and

(iii) the collection, use, disclosure, copying, recording, management and publication of information in relation to the covered gas industry; and

(iv) the operation of a regulated retail gas market; and

(v) AEMO's declared system functions and the operation of a declared wholesale gas market; and

(va) AEMO's STTM functions and the operation of a short term trading market of an adoptive jurisdiction; and

(vi) the activities of Registered participants, users, end users and other persons in a regulated gas market; and

(vii) the safety, security and reliability of pipelines; and

(viia) the reliability or adequacy of the supply of covered gas within the east coast gas system; and

(viii) the connection of premises of retail customers; and

(aaa) AEMO's gas trading exchange functions and the operation of a gas trading exchange; and

(aab) the capacity auction functions of AEMO, the operation of a capacity auction and the activities of transportation service providers and transportation facility users in connection with a capacity auction; and

(aac) transaction support arrangements; and

(aad) access to and the provision of operational transportation services; and

(aa) facilitating and supporting the provision of services to retail customers; and

(ab) any matter or thing related to, or necessary or expedient for, the purposes of a trial Rule, trial project or trial waiver; and

(aba) the AER gas price reporting functions; and

(ac) AEMO's east coast gas system reliability and supply adequacy functions; and

(b) any matter or thing contemplated by this Law, or necessary or expedient for the purposes of this Law.

Note--: The procedure for the making of a Rule by the AEMC is set out in Chapter 9 Part 3.

(2) Without limiting subsection (1), the AEMC, in accordance with this Law and the Regulations, may make Rules for or with respect to any matter or thing specified in Schedule 1 to this Law.

(3) Rules made by the AEMC in accordance with this Law and the Regulations may--

(a) be of general or limited application;

(b) vary according to the persons, times, places or circumstances to which they are expressed to apply;

(c) confer functions or powers on, or leave any matter or thing to be decided or determined by--

(i) the AER, the AEMC or AEMO; or

(ii) any panel or committee established by the AEMC; or

(iii) any other body established, or person appointed, in accordance with the Rules;

(d) confer rights or impose obligations on any person or a class of person (other than AEMO, the AER or the AEMC);

(e) confer a function on the AER, the AEMC or AEMO to make or issue guidelines, tests, standards, procedures or any other document (however described) in accordance with the Rules, including guidelines, tests, standards, procedures or any other document (however described) that leave any matter or thing to be determined by the AER, the AEMC or AEMO;

(f) empower or require any person (other than a person referred to in paragraph (e)) or body to make or issue guidelines, tests, standards, procedures or any other document (however described) in accordance with the Rules;

(fa) provide for Procedures governing the operation of regulated gas markets;

(fb) provide for Procedures governing the operation and administration of capacity auctions and transaction support arrangements;

(g) apply, adopt or incorporate wholly or partially, or as amended by the Rules, the provisions of any standard, rule, specification, method or document (however described) formulated, issued, prescribed or published by any person, authority or body whether--

(i) as formulated, issued, prescribed or published at the time the Rules are made or at any time before the Rules are made; or

(ii) as amended from time to time;

(h) confer a power of direction on the AER, the AEMC or AEMO to require a person conferred a right, or on whom an obligation is imposed, under the Rules to comply with--

(i) a guideline, test, standard, procedure or other document (however described) referred to in paragraph (e) or (f); or

(ii) a standard, rule, specification, method or document (however described) referred to in paragraph (g);

(i) if this section authorises or requires Rules that regulate any matter or thing, prohibit that matter or thing or any aspect of that matter of thing;

(j) provide for the review of, or a right of appeal against, a decision or determination made under the Rules and for that purpose, confer jurisdiction on the Court;

(k) require a form prescribed by or under the Rules, or information or documents included in, attached to or given with the form, to be verified by statutory declaration;

(l) in a specified case or class of case, exempt--

(i) AEMO; or

(ii) a Registered participant or class of Registered participant; or

(iii) any other person or body performing or exercising a function or power, or conferred a right, or on whom an obligation is imposed, under the Rules or a class of any such person or body,

from complying with a provision, or part of a provision, of the Rules;

(m) provide for the modification or variation of a provision of the Rules (with or without substitution of a provision of the Rules or part of a provision of the Rules) as it applies to--

(i) AEMO; or

(ii) a Registered participant or class of Registered participant; or

(iii) any other person or body performing or exercising a function or power, or conferred a right, or on whom an obligation is imposed, under the Rules or a class of any such person or body;

(n) confer an immunity on, or limit the liability of, any person or body performing or exercising a function or power, or conferred a right, or on whom an obligation is imposed under the Rules;

(na) require a person or body performing or exercising a function or power, or on whom a right is conferred or an obligation is imposed under the Rules, to indemnify another such person or body;

(o) contain provisions of a savings or transitional nature consequent on the amendment or revocation of a Rule.