Queensland Consolidated Acts

NATIONAL GAS (QUEENSLAND) LAW - SECT 294DA

294DA South Australian Minister to make initial Rules relating to the capacity reforms

(1) The Minister in right of the Crown of South Australia administering Part 2 of the National Gas (South Australia) Act 2008 of South Australia (the
"South Australian Minister" )—

(a) may make Rules for or with respect to any one or more of the following subjects:

(i) 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;

(ii) transaction support arrangements;

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

(iv) the making and amendment of an Operational Transportation Service Code;

(v) the standard market timetable and the standard gas day;

(vi) the collection, use, disclosure, copying, recording, management and publication of information in relation to secondary capacity transactions;

(vii) the collection, use, disclosure, copying, recording, management and publication of information in relation to natural gas or natural gas services from a person who determines the allocation of deliveries or receipts of natural gas;

(viii) the matters referred to in sections 83B , 83C , 228E and 228I ;

(ix) the buying and selling of transportation capacity through the gas trading exchange;

(x) the subject matter of a new head of power added to Schedule 1 by the Capacity Trading and Auction amendments;

(xi) any other subject contemplated by, or consequential on, the Capacity Trading and Auction amendments; and

(b) may make Rules that revoke or amend a Rule as a consequence of the enactment of the Capacity Trading and Auction amendments and any of the Rules referred to in paragraph (a) ; and

(c) may make Rules that require a contract (including a contract made in accordance with an access arrangement or an access determination) to be amended as a consequence of the enactment of the Capacity Trading and Auction amendments and any of the Rules referred to in paragraph (a) or (b) ; and

(d) may make an Operational Transportation Service Code.

(2) Rules or an Operational Transportation Service Code may only be made under subsection (1) on the recommendation of the MCE.

(3) Section 74 (3) applies to Rules made under subsection (1) in the same way as it applies to Rules made by the AEMC.

(4) As soon as practicable after making Rules or an Operational Transportation Service Code under subsection (1) , the South Australian Minister must—

(a) publish notice of the making of the Rules or Code in the South Australian Government Gazette; and

(b) make the Rules or Code publicly available.

(5) The notice referred to in subsection (4) (a) must state—

(a) the date on which the Rules or Code commence operation; or

(b) if different Rules or provisions of the Code will commence operation on different dates, those dates.

(6) The South Australian Minister may, by a later notice published in the South Australian Government Gazette, vary a commencement date fixed under subsection (5) .

(7) Once the first Rules have been made under subsection (1) , no further Rules can be made under that subsection.

(8) Once the first Operational Transportation Service Code has been made under subsection (1) , no further Operational Transportation Service Code can be made under that subsection.

(9) Rules in the nature of a derogation may be made under this section even though no request has been made for the derogation.

(10) In this section—

"Capacity Trading and Auction amendments" means the amendments made to this Law by the National Gas (South Australia) (Capacity Trading and Auctions) Amendment Act 2018 .