Queensland Consolidated Acts

NATIONAL GAS (QUEENSLAND) LAW

- As at 28 October 2023 
- Act ngql of 2008 

TABLE OF PROVISIONS

CHAPTER 1 - PRELIMINARY

   PART 1 - CITATION AND INTERPRETATION

   1.      Short title
   2.      Definitions
   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.     (Repealed)
   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     (Repealed)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 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 instrument
   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.     Exemptions 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.    Information and transparency requirements relating to compression service facilities and storage facilities
   83AA.   Publication of information relating to compression service facilities and storage facilities
   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)

   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

           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.    (Repealed)
   123.    (Repealed)
   124.    (Repealed)
   125.    (Repealed)
   126.    (Repealed)
   127.    (Repealed)
   128.    (Repealed)
   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.    (Repealed)
   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

   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

           Division 3 - (Repealed)

           Division 4 - (Repealed)

           Division 5 - (Repealed)

   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 6 - (Repealed)

CHAPTER 6A - (Repealed)

CHAPTER 7 - THE NATURAL GAS SERVICES 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 Natural Gas Services Bulletin Board
   220.    (Repealed)
   221.    (Repealed)
   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 and 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)

           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.   (Repealed)
   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

           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.   (Expired)

   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)

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    (Repealed)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    (Repealed)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