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NATIONAL GAS (QUEENSLAND) LAW - SECT 163
Restrictions on access determinations
163 Restrictions on access determinations
(1) An access determination must not have any of the following effects: (a)
preventing a user from obtaining a sufficient amount of a pipeline service
under a contract or previous access determination to be able to meet the
user’s reasonably anticipated requirements, measured at the time the access
dispute was notified;
(b) preventing a user or prospective user from
obtaining, by the exercise of a pre-notification right, a sufficient amount of
a pipeline service to be able to meet the user’s or prospective user’s
actual requirements;
(c) depriving a person of a
relevant protected contractual right.
(2) In this section—
"pre-notification right" means a right under a contract, or under an access
determination, that was in force at the time when the access dispute was
notified under section 152 ;
"relevant exclusivity right" means an express contractual right that arose on
or after 30 March 1995 that— (a) prevents a service provider supplying
pipeline services to persons who are not parties to the contract; or
(b)
limits or controls a service provider’s ability to supply pipeline services
to persons who are not parties to the contract,
but does not include a
user’s contractual right to obtain a certain amount of pipeline services;
"relevant protected contractual right" means a right under a contract (other
than a relevant exclusivity right) that was in force immediately before the
notification of an access dispute under section 152 .
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