Queensland Consolidated Acts

NATIONAL GAS (QUEENSLAND) LAW - SECT 91BRP

91BRP Nature of Capacity Transfer and Auction Procedures

(1) Capacity Transfer and Auction Procedures are a form of statutory instrument directed at—

(a) the effective operation and administration of a capacity auction in accordance with the Rules; and

(b) the effective operation and administration of transaction support arrangements.

(2) The Capacity Transfer and Auction Procedures may deal with the following matters:

(a) the matters specified by the Rules;

(b) any other matter relevant to a capacity auction, a gas trading exchange or transaction support arrangements on which this Law or the Rules contemplate the making of Procedures.

(3) The Capacity Transfer and Auction Procedures—

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

(b) may confer functions or powers on, or leave any matter or thing to be decided by, AEMO; and

(c) may confer rights or impose obligations on a transportation service provider, a transportation facility user, a capacity auction participant or a gas trading exchange member; and

(d) may confer power on AEMO to make or issue guidelines, tests, standards and other documents of an administrative nature; and

(e) may confer power on AEMO to require a person on whom a right is conferred, or an obligation imposed, under the Procedures—

(i) to comply with a guideline, standard or other document of an administrative nature; or

(ii) to conduct, or submit to, a test designed by AEMO under the Procedures; and

(f) may exempt, or confer a power of exemption, from the application of the Procedures or specified provisions of the Procedures; and

(g) may contain provisions of a savings or transitional nature.

(4) AEMO must not, without the consent of the MCE, make Capacity Transfer and Auction Procedures that confer a right or function, or impose an obligation, on the MCE or a Minister of a participating jurisdiction.

(5) The Capacity Transfer and Auction Procedures cannot—

(a) create an offence; or

(b) provide for a criminal or civil penalty.