Queensland Consolidated Acts

NATIONAL GAS (QUEENSLAND) LAW - SECT 91H

91H Obligations under Rules or Procedures to make payments

(1) If, under the Rules or Procedures—

(a) a Registered participant is required to pay an amount to AEMO or another Registered participant; or

(b) AEMO is required to pay an amount to a Registered participant,

and that amount is not paid within 28 days after it is due in accordance with the Rules or Procedures, the Registered participant to whom the amount is due or AEMO (as the case requires) may recover that amount in a court of competent jurisdiction as a civil debt.

(2) If, under the Rules or Procedures, a Registered participant is required to pay an amount to AEMO or another Registered participant, or AEMO is required to pay an amount to a Registered participant, and the Rules or Procedures do not specify a date for payment of that amount—

(a) that amount must be paid within the period of time specified in a notice to pay issued by the Registered participant or AEMO (as the case requires) that specifies that amount; and

(b) the Registered participant that issued the notice to pay, or AEMO (as the case requires), may, if that amount is not paid within 28 days after it is due in accordance with that notice, recover that amount in a relevant court of competent jurisdiction as a civil debt.

(3) Subsections (1) and (2) apply despite a Registered participant or AEMO disputing, in accordance with the Rules, an amount to be paid under the Rules or Procedures, or specified in a notice to pay, unless—

(a) the Rules or Procedures otherwise provide; or

(b) the parties to the dispute agree otherwise; or

(c) a Dispute resolution panel, in a rule dispute in respect of the payment of an amount referred to in subsection (1) or (2) , determines that the relevant subsection does not apply; or

(d) a court of competent jurisdiction determines that subsection (1) or (2) does not apply.

(4) In this section—

"AEMO" includes, in relation to a gas trading exchange, a person appointed by AEMO to operate that exchange;

"notice to pay" includes a statement of payment, settlement statement, bill or invoice;

"Registered participant" includes the following:

(a) an exempted participant;

(b) a capacity auction participant;

(c) a transportation service provider registered with AEMO under section 91BRR or exempted from registration under that section;

(d) a gas trading exchange member.

(e) a relevant entity (within the meaning of section 91AF ).