Queensland Consolidated Acts Queensland Consolidated ActsIn this Schedule—
"binding no-coverage determination" has the same meaning as in section 13A of
the old access law;
"commencement day" means the day on which section 20 of the new application
Act comes into operation;
"current access arrangement" means an Access Arrangement as defined by section
10.8 of the Gas Code and in effect immediately before the commencement day;
"new application Act" means the National Gas (South Australia) Act 2008 of
South Australia;
"old scheme coverage application" means an application under section 1.3 of
the Gas Code in respect of which a determination under section 1.13 of the Gas
Code has not been made before the commencement day;
"old scheme coverage revocation application" means an application under
section 1.25 of the Gas Code in respect of which an old scheme coverage
revocation determination has not been made before the commencement day;
"old scheme coverage determination" means a determination of an old scheme
relevant Minister under section 1.13 of the Gas Code—
(a) that a pipeline is covered; and
(b) that is in effect immediately before the commencement day;
(a) approved under section 13U of that law; and
(b) in effect immediately before the commencement day;
(a) has not taken effect before the commencement day; but
(b) is intended to take effect on or after that day;
(a) has not taken effect before the commencement day; but
(b) is intended to take effect on or after that day;
(a) has not taken effect before the commencement day; but
(b) is intended to take effect on or after that day;
(a) has not taken effect before the commencement day; but
(b) is intended to take effect on or after that day;
(a) a current access arrangement; or
(b) an access arrangement approved, or drafted and approved, in accordance with clause 28; or
(c) a current access arrangement incorporating revisions approved, or approved and made, in accordance with clause 29.
Note—The Regulations or the Rules may also contain provisions of an application, savings or transitional nature.
(1) Words defined under former section 2 and used in Parts 2 to 18 of this Schedule have, unless the context otherwise requires, the same meanings as they had under former section 2 .
(2) In this section—
"former section 2" means section 2 of the Law as in force immediately before the commencement of Part 19 .
(1) This Schedule, and any Regulations or Rules of a savings and transitional nature, apply in this jurisdiction except to the extent provided by or under an Act of this jurisdiction (including an Act that applies this Law and the Regulations as a law of this jurisdiction).
(2) In this clause—
"Regulations or Rules of a savings and transitional nature" means Regulations or Rules that deal with matters of a savings or transitional nature relating to the transition from the application of provisions of the old access law and Gas Code to the application of provisions of this Law and the Rules.
(1) Subject to this Schedule, the Regulations and the Rules, the repeal of the old access law or Gas Code does not—(a) revive anything not in force or existing at the time the repeal takes effect; or(b) affect the previous operation of the old access law or Gas Code or anything suffered, done or begun under or in accordance with the old access law or Gas Code; or(c) affect a right, privilege or liability acquired, accrued or incurred under the old access law or Gas Code; or(d) affect a penalty incurred in relation to—(i) an offence arising under the old access law; or(ii) a penalty incurred in relation to a breach of a provision of the old access law or Gas Code; or(e) affect an investigation, proceeding or remedy in relation to such a right, privilege, liability or penalty.
(2) Subject to this Schedule, the Regulations and the Rules, any such penalty may be imposed and enforced, and any such investigation, proceeding or remedy may be begun, continued or enforced, as if the old access law or Gas Code had not been repealed.
On the commencement day, every application under section 10 of the old access law in respect of which a decision has not been made under section 10 or 11 of that law immediately before that day, lapses.
On the commencement day, an old scheme coverage determination is deemed to be a coverage determination.
On the commencement day, an old scheme covered pipeline that is a transmission pipeline (within the meaning of section 2 of the old access law) is deemed to be a covered pipeline that is a transmission pipeline.
On the commencement day, an old scheme covered pipeline that is a distribution pipeline (within the meaning of section 2 of the old access law) is deemed to be a covered pipeline that is a distribution pipeline.
(1) This clause applies if—(a) there is an old scheme coverage application; and(b) the NCC has not made a recommendation in respect of that application under section 1.9 of the Gas Code before the commencement day.
(2) On and after the commencement day, the NCC must, despite the repeal of the Gas Code, continue to take action in relation to the application as required under the Gas Code (including making a recommendation under section 1.7 of the Gas Code and submitting it to the relevant old scheme relevant Minister under that section) as if the old access law and Gas Code continued to apply.
(1) This clause applies if—(a) an old scheme relevant Minister has received a recommendation of the NCC under section 1.7 of the Gas Code before the commencement day but the old scheme relevant Minister has not made a determination under section 1.13 of the Gas Code in relation to that recommendation before that day; or(b) an old scheme relevant Minister receives a recommendation of the NCC as provided for under clause 8 on or after the commencement day.
(2) On and after the commencement day, the old scheme relevant Minister must, despite the repeal of the old access law and Gas Code, make a determination under section 1.13 of the Gas Code in relation to that recommendation as if the old access law and Gas Code continued to apply.
(3) A determination made in accordance with subclause (2) is deemed to be, on the relevant transition date—(a) if the determination is that the pipeline is covered—a coverage determination;(b) if the determination is that the pipeline is not covered—a decision not to make a coverage determination under section 99.
(4) In this clause—
"relevant transition date" means, if an application is not made under section 38 of the old access law for a review of the determination within the time specified by that section—the day after the last day an application could have been made under that section.
(1) This clause applies if—(a) an old scheme relevant Minister makes a determination under section 1.13 of the Gas Code in accordance with clause 9; and(b) an application is made under section 38 of the old access law for a review of the determination of the old scheme relevant Minister.
(2) If on the review the relevant appeals body refuses to review the determination in accordance with section 38 (11) of the old access law, the determination of the old scheme relevant Minister is deemed to be, on the day the determination of the relevant appeals body takes effect—(a) if the determination is that the pipeline is covered—a coverage determination;(b) if the determination is that the pipeline is not covered—a decision not to make a coverage determination under section 99.
(3) If on the review the relevant appeals body makes a determination under section 38 of the old access law affirming or varying the determination of the old scheme relevant Minister, that determination (as affirmed or varied) is deemed to be, on the day the order of the relevant appeals body affirming or varying that determination takes effect—(a) if the effect of that determination is that the pipeline is covered—a coverage determination;(b) if the effect of that determination is that the pipeline is not covered—a decision not to make a coverage determination under section 99.
(4) If on the review the relevant appeals body makes a determination under section 38 of the old access law that sets aside the determination of the old scheme relevant Minister and remits the matter to the old scheme relevant Minister for the Minister to make a determination again in respect of the matter, the Minister must make a determination under clause 9.
(5) If on the review the relevant appeals body makes a determination under section 38 of the old access law that sets aside the determination of the old scheme relevant Minister and that is to operate in place of the determination of the old scheme relevant Minister, the determination of the relevant appeals body is deemed to be, on the day that determination takes effect—(a) if that determination is that the pipeline is covered—a coverage determination;(b) if that determination is that the pipeline is not covered—a decision not to make a coverage determination under section 99.
(1) This clause applies if—(a) there is a pending old scheme coverage determination; and(b) an application has not been made under section 38 of the old access law for a review of the determination within the time provided for under that section (whether or not that time expires on or after the commencement day).
(2) The pending old scheme coverage determination is deemed to be a coverage determination on the day after the last day an application could have been made under section 38 of the old access law.
(1) This clause applies if—(a) there is a pending old scheme coverage determination; and(b) an application has been made under section 38 of the old access law for a review of the determination before the commencement day.
(2) If on the review the relevant appeals body refuses to review the determination in accordance with section 38 (11) of the old access law, the pending old scheme coverage determination is deemed to be a coverage determination on the day on which the determination of the relevant appeals body takes effect.
(3) If on the review the relevant appeals body makes a determination affirming or varying the pending old scheme coverage determination, that determination (as affirmed or varied) is deemed to be a coverage determination on the day on which the order of the relevant appeals body affirming or varying that determination takes effect.
(4) If on the review the relevant appeals body makes a determination that sets aside the pending old scheme coverage determination and remits the matter to the old scheme relevant Minister for the Minister to make a determination again in respect of the matter, the old scheme relevant Minister must make a determination under section 1.13 of the Gas Code as if the Gas Code continued to apply.
(5) If on the review the relevant appeals body makes a determination that sets aside the pending old scheme coverage determination and that is to operate in place of the pending old scheme coverage determination, the determination of the relevant appeals body is deemed to be, on the day that determination takes effect—(a) if that determination is that the pipeline is covered—a coverage determination;(b) if that determination is that the pipeline is not covered—a decision not to make a coverage determination under section 99.
(1) This clause applies if—(a) there is a pending old scheme no-coverage determination; and(b) an application has not been made under section 38 of the old access law for a review of the determination within the time provided for under that section (whether or not that time expires on or after the commencement day).
(2) The pending old scheme no-coverage determination is deemed to be a decision not to make a coverage determination under section 93 on the day after the last day an application could have been made under section 38 of the old access law.
(1) This clause applies if—(a there is a pending old scheme no-coverage determination; and(b) an application has been made under section 38 of the old access law for a review of the determination before the commencement day.
(2) If on the review the relevant appeals body refuses to review the determination in accordance with section 38 (11) of the old access law, the pending old scheme no-coverage determination is deemed to be a decision not to make a coverage determination under section 99 on the day on which the determination of the relevant appeals body takes effect.
(3) If on the review the relevant appeals body makes a determination affirming or varying the pending old scheme no-coverage determination, that determination (as affirmed or varied) is deemed to be a decision not to make a coverage determination under section 99 on the day on which the order of the relevant appeals body affirming or varying that determination takes effect.
(4) If on the review the relevant appeals body makes a determination that sets aside the pending old scheme no-coverage determination and remits the matter to the old scheme relevant Minister for the Minister to make a determination again in respect of the matter, the old scheme relevant Minister must make a determination under section 1.13 of the Gas Code as if the Gas Code continued to apply.
(5) If on the review the relevant appeals body makes a determination that sets aside the pending old scheme coverage determination and that is to operate in place of the pending old scheme coverage determination, the determination of the relevant appeals body is deemed to be, on the day that determination takes effect—(a) if that determination is that the pipeline is covered—a coverage determination;(b) if that determination is that the pipeline is not covered—a decision not to make a coverage determination under section 99.
(1) This clause applies if—(a) there is an old scheme coverage revocation application; and(b) the NCC has not made a recommendation in respect of that application under section 1.28 of the Gas Code before the commencement day.
(2) On and after the commencement day, the NCC must, despite the repeal of the Gas Code, continue to take action in relation to the application as required under the Gas Code (including making a recommendation under section 1.29 of the Gas Code and submitting it to the relevant old scheme relevant Minister under that section) as if the old access law and Gas Code continued to apply.
(1) This clause applies if—(a) an old scheme relevant Minister has received a recommendation of the NCC under section 1.29 of the Gas Code before the commencement day but the old scheme relevant Minister has not made a determination under section 1.34 of the Gas Code in relation to that recommendation before that day; or(b) an old scheme relevant Minister receives a recommendation of the NCC as provided for under clause 15 after the commencement day.
(2) On and after the commencement day, the old scheme relevant Minister must, despite the repeal of the old access law or Gas Code, make a determination under section 1.34 of the Gas Code in relation to that recommendation as if the old access law and Gas Code continued to apply.
(3) A determination made in accordance with subclause (2) is deemed to be, on the relevant transition date—(a) if the determination is that coverage of the covered pipeline is revoked—a coverage revocation determination;(b) if the determination is that coverage of the covered pipeline is not revoked—a decision not to make a coverage revocation determination under section 106.
(4) In this clause—
"relevant transition date" means, if an application is not made under section 38 of the old access law for a review of the determination within the time specified by that section—the day after the last day an application could have been made under that section.
(1) This clause applies if—(a) an old scheme relevant Minister makes a determination under section 1.34 of the Gas Code in accordance with clause 16; and(b) an application is made under section 38 of the old access law for a review of the determination of the old scheme relevant Minister.
(2) If on the review the relevant appeals body refuses to review the determination in accordance with section 38 (11) of the old access law, the determination of the old scheme relevant Minister is deemed to be, on the day the determination of the relevant appeals body takes effect—(a) if the determination is that coverage of the covered pipeline is revoked—a coverage revocation determination;(b) if the determination is that coverage of the covered pipeline is not revoked—a decision not to make a coverage revocation determination under section 106.
(3) If on the review the relevant appeals body makes a determination under section 38 of the old access law affirming or varying the determination of the old scheme relevant Minister, that determination (as affirmed or varied) is deemed to be, on the day the order of the relevant appeals body affirming or varying that determination takes effect—(a) if the effect of that determination is that coverage of the covered pipeline is revoked—a coverage revocation determination;(b) if the effect of that determination is that coverage of the covered pipeline is not revoked—a decision not to make a coverage revocation determination under section 106.
(4) If on the review the relevant appeals body makes a determination under section 38 of the old access law that sets aside the determination of the old scheme relevant Minister and remits the matter to the old scheme relevant Minister for the Minister to make a determination again in respect of the matter, the Minister must make a determination under clause 16.
(5) If on the review the relevant appeals body makes a determination under section 38 of the old access law that sets aside the determination of the old scheme relevant Minister and that is to operate in place of the determination of the old scheme relevant Minister, the determination of the relevant appeals body is deemed to be, on the day that determination takes effect—(a) if that determination is that coverage of the covered pipeline is revoked—a coverage revocation determination;(b) if that determination is that coverage of the covered pipeline is not revoked—a decision not to make a coverage revocation determination under section 106.
(1) This clause applies if—(a) there is a pending old scheme coverage revocation determination; and(b) an application has not been made under section 38 of the old access law for a review of the determination within the time provided for under that section (whether or not that time expires on or after the commencement day).
(2) The pending old scheme coverage revocation determination is deemed to be coverage revocation determination on the day after the last day an application could have been made under section 38 of the old access law.
(1) This clause applies if—(a) there is a pending old scheme coverage revocation determination; and(b) an application has been made under section 38 of the old access law for a review of the determination before the commencement day.
(2) If on the review the relevant appeals body refuses to review the determination in accordance with section 38 (11) of the old access law, the pending old scheme coverage revocation determination is deemed to be a coverage revocation determination on the day on which the determination of the relevant appeals body takes effect.
(3) If on the review the relevant appeals body makes a determination affirming or varying the pending old scheme coverage revocation determination, that determination (as affirmed or varied) is deemed to be a coverage revocation determination on the day on which the order of the relevant appeals body affirming or varying that determination takes effect.
(4) If on the review the relevant appeals body makes a determination that sets aside the pending old scheme coverage revocation determination and remits the matter to the old scheme relevant Minister for the Minister to make a determination again in respect of the matter, the old scheme relevant Minister must make a determination under section 1.34 of the Gas Code as if the Gas Code continued to apply.
(5) If on the review the relevant appeals body makes a determination that sets aside the pending old scheme revocation coverage determination and that is to operate in place of the pending old scheme revocation coverage determination, the determination of the relevant appeals body is deemed to be, on the day that determination takes effect—(a) if that determination is that coverage of the covered pipeline is revoked—a coverage revocation determination;(b) if that determination is that coverage of the covered pipeline is not revoked—a decision not to make a coverage revocation determination under section 106.
(1) This clause applies if—(a) there is a pending old scheme coverage non-revocation determination; and(b) an application has not been made under section 38 of the old access law for a review of the determination within the time provided for under that section (whether or not that time expires on or after the commencement day).
(2) The pending old scheme coverage non-revocation determination is deemed to be a decision not to make a coverage revocation determination under section 106 on the day after the last day an application could have been made under section 38 of the old access law.
(1) This clause applies if—(a) there is a pending old scheme coverage non-revocation determination; and(b) an application has been made under section 38 of the old access law for a review of the determination before the commencement day.
(2) If on the review the relevant appeals body refuses to review the determination in accordance with section 38 (11) of the old access law, the pending old scheme coverage non-revocation determination is deemed to be a decision not to make a coverage revocation determination under section 106 on the day on which the determination of the relevant appeals body takes effect.
(3) If on the review the relevant appeals body makes a determination affirming or varying the pending old scheme coverage non-revocation determination, that determination (as affirmed or varied) is deemed to be a decision not to make a coverage revocation determination under section 106 on the day on which the order of the relevant appeals body affirming or varying that determination takes effect.
(4) If on the review the relevant appeals body makes a determination that sets aside the pending old scheme coverage non-revocation determination and remits the matter to the old scheme relevant Minister for the Minister to make a determination again in respect of the matter, the old scheme relevant Minister must make a determination under section 1.34 of the Gas Code as if the Gas Code continued to apply.
(5) If on the review the relevant appeals body makes a determination that sets aside the pending old scheme coverage non-revocation determination and that is to operate in place of the pending old scheme coverage non-revocation determination, the determination of the relevant appeals body is deemed to be, on the day that determination takes effect—(a) if that determination is that coverage of the covered pipeline is revoked—a coverage revocation determination;(b) if that determination is that coverage of the covered pipeline is not revoked—a decision not to make a coverage revocation determination under section 106.
On the commencement day, a binding no-coverage determination in effect immediately before that day is deemed to be a 15-year no-coverage determination.
(1) This clause applies if—(a) an application under section 13D of the old access law for a binding no-coverage determination has been made before the commencement day; and(b) NCC has not made a recommendation under section 13J of the old access law in relation to that application before that day.
(2) On and after the commencement day, the NCC must, despite the repeal of the old access law, continue to take action in relation to the application as required under the old access law (including making a recommendation under section 13J of the old access law and submitting it to the relevant old scheme relevant Minister under that section) as if the old access law continued to apply.
(1) This clause applies if—(a) an old scheme relevant Minister has received a recommendation of the NCC under section 13J of the old access law before the commencement day but the old scheme relevant Minister has not made a determination under section 13J of the old access law in relation to that recommendation before that day; or(b) an old scheme relevant Minister receives a recommendation of the NCC as provided for under clause 23 on or after the commencement day.
(2) On and after the commencement day, the old scheme relevant Minister must, despite the repeal of the old access law, make a decision under section 13K of the old access law in relation to that recommendation as if the old access law continued to apply.
(3) A decision made in accordance with subclause (2) is deemed to be, on the relevant transition date—(a) if the decision is a binding no-coverage determination—a 15-year no-coverage determination;(b) if the decision is not to make binding no-coverage determination—a decision not to make a 15-year no-coverage determination under section 162.
(4) In this clause—
"relevant transition date" means, if an application is not made under section 38 of the old access law for a review of the decision within the time specified by that section—the day after the last day an application could have been made under that section.
(1) This clause applies if—(a) an old scheme relevant Minister makes a decision under section 13J of the old access law in accordance with clause 24; and(b) an application is made under section 38 of the old access law for a review of the decision of the old scheme relevant Minister.
(2) If on the review the relevant appeals body refuses to review the determination in accordance with section 38 (11) of the old access law, the decision of the old scheme relevant Minister is deemed to be, on the day the decision of the relevant appeals body takes effect—(a) if the decision is a binding no-coverage determination—a 15-year no-coverage determination;(b) if the decision is not to make a binding no-coverage determination—a decision not to make a 15-year no-coverage determination under section 162.
(3) If on the review the relevant appeals body makes a determination under section 38 of the old access law affirming or varying the decision of the old scheme relevant Minister, that decision (as affirmed or varied) is deemed to be, on the day the order of the relevant appeals body affirming or varying that decision takes effect—(a) if the decision is a binding no-coverage determination—a 15-year no-coverage determination;(b) if the decision is not to make a binding no-coverage determination—a decision not to make a 15-year no-coverage determination under section 162.
(4) If on the review the relevant appeals body makes a determination under section 38 of the old access law that sets aside the decision of the old scheme relevant Minister and remits the matter to the old scheme relevant Minister for the Minister to make a decision again in respect of the matter, the Minister must make a decision under clause 24.
(5) If on the review the relevant appeals body makes a determination under section 38 of the old access law that sets aside the decision of the old scheme relevant Minister and that is to operate in place of the decision of the old scheme relevant Minister, the determination of the relevant appeals body is deemed to be, on the day that determination takes effect—(a) if the determination is a binding no-coverage determination—a 15-year no-coverage determination;(b) if the determination is not to make binding no-coverage determination—a decision not to make a 15-year no-coverage determination under section 162.
Subject to this Part, on the commencement day—
(a) a current access arrangement approved in—(i) a final decision under section 2.16 or 2.38 of the Gas Code; or(ii) a further final decision under section 2.19 or 2.41 of the Gas Code,is deemed to be a full access arrangement approved by the AER under a full access arrangement decision;
(b) a current access arrangement drafted and approved by a relevant Regulator under section 2.20 or 2.42 of the Gas Code is deemed to be a full access arrangement made by the AER under a full access arrangement decision.
On the commencement day, an old scheme limited access arrangement is deemed to be a limited access arrangement approved by the AER under the Rules.
(1) This clause applies if—(a) a proposed access arrangement has been submitted under section 2.2 of the Gas Code to a relevant Regulator before the commencement day for approval; and(b) the relevant Regulator has not, that day—(i) approved that access arrangement in a final decision under section 2.16 , or a further final decision under section 2.19 of the Gas Code; or(ii) drafted and approved its own access arrangement under section 2.20 of the Gas Code.
(2) On and after the commencement day, the relevant Regulator must, despite the repeal of the Gas Code, deal with the proposed access arrangement as if the Gas Code continued to apply.
(3) An access arrangement approved, or drafted and approved, in accordance with subclause (2) is deemed to be, on the day the relevant decision takes effect—(a) in the case of an access arrangement approved in a final decision under section 2.16 , or a further final decision under section 2.19 , of the Gas Code—a full access arrangement approved by the AER under a full access arrangement decision;(b) in the case of an access arrangement drafted and approved by the relevant Regulator under section 2.20 of the Gas Code—a full access arrangement made by the AER under a full access arrangement decision.
(4) Despite anything to the contrary in this Law and the repeal of the old access law, section 39 of the old access law continues to apply to a full access arrangement decision referred to in this section as if a reference in that section to a decision of the relevant Regulator under the Gas Code were a reference to a full access arrangement decision of the AER.
(1) This clause applies if—(a) proposed revisions to a current access arrangement have been submitted under section 2.28 of the Gas Code to a relevant Regulator before the commencement day for approval; and(b) the relevant Regulator has not, before that day—(i) approved those revisions in a final decision under section 2.38 , or a further final decision under section 2.41 , of the Gas Code; or(ii) drafted and approved its own revisions under section 2.42 of the Gas Code.
(2) On and after the commencement day, the relevant Regulator must, despite the repeal of the Gas Code, deal with the proposed revisions as if the Gas Code continued to apply.
(3) An access arrangement in respect of which revisions are approved, or drafted and approved, in accordance with subclause (2) is deemed to be, on the day the relevant decision takes effect—(a) in the case of an access arrangement in respect of which revisions are approved in a final decision under section 2.38 , or a further final decision under section 2.41 , of the Gas Code—a full access arrangement as revised by the AER under a full access arrangement decision;(b) in the case of an access arrangement in respect of which revisions are drafted and approved by the relevant Regulator under section 2.42 of the Gas Code—a full access arrangement (as revised) made by the AER under a full access arrangement decision.
(4) Despite anything to the contrary in this Law and the repeal of the old access law, section 39 of the old access law continues to apply to a full access arrangement decision referred to in this section as if a reference in that section to a decision of the relevant Regulator under the Gas Code were a reference to a full access arrangement decision of the AER.
(1) Despite the repeal of the Gas Code and subject to this clause and any current access arrangement modification Rules, sections 3 , 8 and 10.8 of the Gas Code continue to apply to a transitioned access arrangement until revisions to that access arrangement first approved or made in accordance with this Law and the Rules after the commencement day take effect.
(2) To avoid doubt, after the commencement day, a covered pipeline service provider must, despite anything to the contrary in a transitioned access arrangement, submit an access arrangement revision proposal in relation to that access arrangement in accordance with section 132 and the Rules.
(3) Sections 3 , 8 and 10.8 of the Gas Code, as applied under this clause, do not have effect to the extent that they provide for or deal with the procedure for the approval of revisions to access arrangements.
(4) For the purposes of this clause—(a) the AER is deemed to have the functions and powers a relevant Regulator has under sections 3 , 8 and 10.8 of the Gas Code as applied under this clause; and(b) every reference to a relevant Regulator in those sections as applied under this clause is deemed to be a reference to the AER.
(5) In this clause—
"access arrangement revision proposal" has the same meaning as in the Rules;
"current access arrangement modification Rules" means Rules made for or with respect to item 81 of Schedule 1 to this Law that are in force.
(1) Despite anything to the contrary in this Law, the definition of
"reviewable regulatory decision" in section 244 is deemed, during the relevant transition period, to include decisions of the AER—(a) that disallow a variation proposed by a service provider of a Reference Tariff contained in a transitioned access arrangement; or(b) to make the AER’s own variation of a Reference Tariff in respect of a transitioned access arrangement—(i) on disallowing a variation proposed by a service provider; or(ii) because a service provider fails to submit such a variation as required.
(2) In this clause—
"new scheme revisions commencement date" means the date revisions approved or made to a transitioned access arrangement under this Law and the Rules take effect following the first review of that access arrangement under this Law and the Rules after the commencement day;
"Reference Tariff" has the same meaning as in the Gas Code immediately before its repeal;
"relevant transition period" means the period—(a) commencing on the commencement day; and(b) ending on the day after the day that is 15 business days after the first new scheme revisions commencement date.Note—See also clause 30.
(1) This clause applies if a proposed limited access arrangement or a proposed amendment to a limited access arrangement—(a) has been submitted under section 13U (1) of the old access law to the ACCC before the commencement day for approval; and(b) the ACCC has not approved that limited access arrangement or that amendment before that day.
(2) On and after the commencement day, the ACCC must, despite the repeal of the old access law, deal with the proposed access arrangement under section 13U as if the old access law continued to apply.
(3) A proposed limited access arrangement, or a proposed amendment to a limited access arrangement, approved by the ACCC in accordance with subclause (2) is deemed to be, on the day the decision takes effect—(a) in the case of a decision approving the proposed limited access arrangement—a limited access arrangement approved by the AER under a limited access arrangement decision;(b) in the case of a decision approving a proposed amendment to a limited access arrangement—a variation to a limited access arrangement approved by the AER under the Rules.
On the commencement day, an Extensions/Expansions Policy (as defined in section 3.16 of the Gas Code), and in effect immediately before that day, is deemed to be extension and expansion requirements.
On the commencement day, a Queuing Policy (as defined in section 3.12 of the Gas Code), and in effect immediately before that day, is deemed to be queuing requirements.
On the commencement day, an old scheme price regulation exemption in effect immediately before that day is deemed to be a price regulation exemption.
(1) This clause applies if—(a) an application under section 13N of the old access law for an old scheme price regulation exemption has been made before the commencement day; and(b) NCC has not made a recommendation under section 13R of the old access law in relation to that application before that day.
(2) On and after the commencement day, the NCC must, despite the repeal of the old access law, continue to take action in relation to the application as required under the old access law (including making a recommendation under section 13R of the old access law and submitting it to the Commonwealth Minister under that section) as if the old access law continued to apply.
(1) This clause applies if—(a) the Commonwealth Minister has received a recommendation of the NCC under section 13R of the old access law before the commencement day but the Commonwealth Minister has not made a decision under section 13S of the old access law in relation to that recommendation before that day; or(b) the Commonwealth Minister receives a recommendation of the NCC as provided for under clause 36 after the commencement day.
(2) On and after the commencement day, the Commonwealth Minister must, despite the repeal of the old access law, make a decision under section 13S of the old access law in relation to that recommendation as if the old access law continued to apply.
(3) If the Commonwealth Minister makes an old scheme price regulation exemption under section 13S of the old access law in accordance with subclause (2), that exemption is deemed to be a price regulation exemption on the day it is made.
In this Part—
"old scheme ring fencing requirement" , in relation to a service provider,
means—
(a) section 4.1 (b) to (d), (h) or (i) of the Gas Code as those sections apply to the service provider subject to—(i) any notice given to the service provider under section 4.15 (a) of the Gas Code waiving that service provider’s compliance with an obligation under section 4.1 (b) of the Gas Code that is in effect immediately before the commencement day; and(ii) any notice given to the service provider under section 4.15 (b) of the Gas Code waiving that service provider’s compliance with an obligation under section 4.1 (h) and (i) of the Gas Code that is in effect immediately before the commencement day; or
(b) any obligation applying to the service provider under a notice given to that service provider under section 4.3 of the Gas Code that is in effect immediately before the commencement day;
(1) Despite anything to the contrary in this Law, a service provider who during the relevant transition period complies with an old scheme ring fencing requirement must be taken to comply with Division 2 and Division 3 of Chapter 4 Part 2 of the Law during that period.
(2) In addition to subclause (1) but subject to subclauses (3) and (4), a service provider must continue to comply with an old scheme ring fencing requirement as if the Gas Code continued to apply.
(3) A service provider may depart from complying with an old scheme ring fencing requirement before the end of the relevant transition period solely for the purpose of preparing to comply with Division 2 or Division 3 of Chapter 4 Part 2 of this Law at the end of that period.
(4) If a service provider does depart from complying with an old scheme ring fencing requirement in accordance with subclause (3) the service provider must in respect of that departure comply with Division 2 and Division 3 of Chapter 4 Part 2 of this Law (as the case requires).
(1) After the relevant transition period, a notice given to a service provider under section 4.15 (a) of the Gas Code waiving that service provider’s compliance with an obligation under section 4.1 (b) of the Gas Code, and in effect immediately before the commencement day, is deemed to be an exemption of the AER under section 146 from the requirement to comply with section 139 given to that service provider.
(2) After the relevant transition period, a notice given to a service provider under section 4.15 (b) of the Gas Code waiving that service provider’s compliance with an obligation under section 4.1 (h) and (i) of the Gas Code, and in effect immediately before the commencement day, is deemed to be an exemption of the AER under section 146 from the requirement to comply with section 140 given to that service provider.
(3) Subclauses (1) and (2) do not apply to the extent to which a notice referred to in those subclauses is inconsistent with this Law or the Rules.
(1) After the relevant transition period, a notice given to a service provider under section 4.3 of the Gas Code and in effect immediately before the commencement day is deemed to be an additional ring fencing requirement (as defined in section 137).
(2) Subclause (1) does not apply to the extent to which a notice referred to in that subclause is inconsistent with this Law or the Rules.
(1) A non-finalised access dispute must continue to be dealt with in accordance with the old access law and Gas Code despite the repeal of the old access law and Gas Code.
(2) However, despite anything to the contrary in the old access law and Gas Code, a non-finalised access dispute is to be dealt with by the dispute resolution body and for that purpose—(a) every reference to an arbitrator in Part 4 of the old access law and in the Gas Code is to be read as a reference to the dispute resolution body; and(b) anything done in relation to a non-finalised access dispute by an arbitrator before the commencement day is deemed to have been done by the dispute resolution body; and(c) the dispute resolution body may, in relation to a particular non-finalised access dispute, have regard to any record of the arbitrator conducting the arbitration of that non-finalised access dispute; and(d) the arbitrator must stop conducting the arbitration and give the dispute resolution body all documents the arbitrator has created for the purposes of, or received in, the arbitration.
(3) In this clause—
"non-finalised access dispute" means an access dispute within the meaning of section 14 of the old access law that has arisen and not been finally determined under Part 4 of the old access law and Gas Code before the commencement day.
(1) On and after the commencement day, a relevant Regulator investigation may be conducted and completed by the AER in accordance with this Law, the Regulations and the Rules as if that investigation were commenced by the AER under this Law, the Regulations and the Rules.
(2) In this clause—
"relevant Regulator investigation" means an investigation into a breach or possible breach of the old access law or Gas Code that—(a) has been commenced by a relevant Regulator before the commencement day; and(b) has not been completed by the relevant Regulator before the commencement day.
(1) Despite anything to the contrary in this Schedule, the AER may, on and after the commencement day, conduct an investigation into a breach or possible breach of the old access law or the Gas Code.
(2) The AER may conduct an investigation referred to in subclause (1) as if it were an investigation into a breach of this Law, and for that purpose, may exercise all of the powers it has under this Law relating to investigations into breaches or possible breaches under this Law.
(1) In this clause—
"AER breach investigation" means an investigation conducted and completed by the AER in accordance with clause 43 or 44.
(2) On and after the commencement day, the AER may bring proceedings in the Court in respect of an AER breach investigation.
(3) Despite anything to the contrary in clause 2 or the repeal of the old access law and Gas Code, Part 5 of the old access law applies to a proceeding under this clause as if—(a) a reference in that Part to a relevant Regulator or the ACCC were a reference to the AER; and(b) regulation 5 of, and Schedule 2 to, the Gas Pipelines Access (South Australia) Regulations 1999 were not revoked.
(1) This clause applies if on the commencement day—(a) there is a proposed associate contract (within the meaning of section 10.8 of the Gas Code) with a relevant Regulator for approval; and(b) the relevant Regulator has not made a decision approving or not approving the proposed associate contract.
(2) The relevant Regulator must, despite the repeal of the old access law and the Gas Code, take action in relation to that proposed associate contract under section 7.1 to 7.6 of the Gas Code as if the old access law and Gas Code continued to apply.
(3) If the relevant Regulator decides to approve the proposed associate contract under section 7.1 to 7.6 of the Gas Code, that associate contract is deemed to be an approved associate contract on, as the case requires—(a) the day the relevant Regulator approves the associate contract in accordance with those sections; or(b) the day the relevant Regulator is deemed to have approved the associate contract by operation of those sections.
(1) This clause applies if the relevant Regulator decides not to approve a proposed associate contract under clause 46.
(2) If an application is not made under section 38 of the old access law for a review of the decision within the time specified by that section, the proposed associate contract is deemed not to be an approved associate contract on the day after the last day an application could have been made under that section.
(3) If an application is made under section 38 of the old access law for a review of the decision but the relevant appeals body refuses to review the decision in accordance with section 38 (11) of the old access law, the proposed associate contract is deemed not to be an approved associate contract on the day on which the determination of the relevant appeals body takes effect.
(4) If—(a) an application is made under section 38 of the old access law for a review of the decision; and(b) the relevant appeals body, by determination, affirms the decision,the proposed associate contract is deemed not to be an approved associate contract on the day on which the determination of the relevant appeals body affirming the decision takes effect.
(5) If—(a) an application is made under section 38 of the old access law for a review of the decision; and(b) the relevant appeals body makes a determination that sets aside the decision and remits the matter to the relevant Regulator for the Regulator to make a decision again in respect of the matter,the relevant Regulator must make a decision under clause 46.
(6) If—(a) an application is made under section 38 of the old access law for a review of the decision; and(b) the relevant appeals body makes a determination that sets aside the decision and approves the associate contract,the proposed associate contract to which the determination relates is deemed to be, on the day the determination takes effect, an approved associate contract.
(1) On the commencement day, an associate contract (within the meaning of section 10.8 of the Gas Code)—(a) in effect immediately before that day; and(b) that has been approved by a relevant Regulator under section 7 of the Gas Code,is deemed to be an approved associate contract.
(2) On the commencement day, an associate contract (within the meaning of section 10.8 of the Gas Code)—(a) in effect immediately before that day; and(b) that has been deemed to have been approved by operation of section 7 of the Gas Code,is deemed to be an approved associate contract.
(1) On the commencement day, every Tender Approval Request (within meaning of section 10.8 of the Gas Code), in respect of which a decision has not been made under section 3.25 of the Gas Code immediately before that day, lapses.
(2) On the commencement day, every Final Approval Request (within the meaning of section 3.29 of the Gas Code), in respect of which a decision has not been made under that section immediately before that day, lapses.
(1) This section applies if before, or on, the commencement day a relevant Regulator has made or makes a decision under section 3.32 of the Gas Code that approves a Final Approval Request (within the meaning of section 10.8 of the Gas Code).
(2) On the commencement day—(a) the decision of the relevant Regulator is deemed to be a tender approval decision that has become irrevocable by operation of the Rules; and(b) the pipeline to which the decision relates is deemed to be a covered pipeline.
(1) The repeal of the old access law and the Gas Code, and the commencement of this Law and the initial National Gas Rules, is not to be regarded as a change of law (however defined) under any agreement or deed in effect on the commencement day.
(2) Subclause (1) applies despite any provision in any agreement or deed to the contrary.
On the commencement day, unless the context otherwise requires, every reference to a relevant Regulator in a current access arrangement deemed under Part 4 of this Schedule to be a full access arrangement or a limited access arrangement is deemed to be a reference to the AER.
(1) On the commencement day, every old scheme classification and scheme participant determination applying to an old scheme covered pipeline is deemed to be an initial classification decision (within the meaning of section 98(1)).
(2) In this clause—
"old scheme classification and scheme participant determination" means—(a) a classification and determination under section 10 (5)(a) of the old access law; or(b) a determination under section 10 (5)(b) of the old access law; or(c) a classification and determination under section 11 (3) of the old access law.
In this Part—
"AEMO T" means Australian Energy Market Operator (Transitional) Ltd (ACN 132
770 104);
"asset" means tangible or intangible real or personal property of any
description and includes—
(a) a present, future or contingent legal or equitable interest in real or personal property;
(b) a chose in action;
(c) a right, power, privilege or immunity;
(d) goodwill;
(e) a security;
(f) money;
(g) documents;
(h) information (including data and records) in any form;
(a) the AEMO amendments to this Law; and
(b) the AEMO amendments to the Rules;
(1) Subject to this Schedule, the repeal of the superseded jurisdictional rules does not—(a) revive anything not in force or existing at the time the repeal takes effect; or(b) affect the previous operation of the superseded jurisdictional rules or anything suffered, done or begun under or in accordance with the superseded jurisdictional rules; or(c) affect a right, privilege or liability acquired, accrued or incurred under the superseded jurisdictional rules; or(d) affect a penalty incurred for an offence arising under the superseded jurisdictional rules; or(e) affect an investigation, proceeding or remedy in relation to such a right, privilege, liability or penalty.
(2) Subject to this Schedule, any such penalty may be imposed and enforced, and any such investigation, proceeding or remedy may be begun, continued or enforced, as if the superseded jurisdictional rules had continued in force.
(1) A reference in a document (including a legislative instrument) to the superseded jurisdictional rules or a particular provision of the superseded jurisdictional rules is (where the context permits) taken to be a reference to the current rules or the corresponding provision of the current rules (as the case requires).
(2) An action taken under, or for the purposes of, the superseded jurisdictional rules is taken to be an action taken under, or for the purposes of, the corresponding provisions of the current rules.
(3) In particular—(a) an administrative process commenced by the jurisdictional regulator or a former gas market operator before the relevant changeover date may be continued and completed by AEMO or the AER (as the case requires) under the current rules; and(b) consultation commenced before the relevant changeover date under the superseded jurisdictional rules may be continued and completed under the corresponding provisions of the current rules; and(c) a period that had, at the relevant changeover date, partially elapsed under the superseded jurisdictional rules is, from the relevant changeover date, taken to be part of the corresponding period (if any) under the current rules as if the current rules had been in force when the relevant period began to run.
(4) A right or privilege that had accrued or was accruing under the superseded jurisdictional rules as at the relevant changeover date is taken to be an accrued or accruing right or privilege under the corresponding provisions of the current rules.
(5) A liability, obligation or penalty incurred under the superseded jurisdictional rules before the relevant changeover date is, after the relevant changeover date, taken to be a liability, obligation or penalty incurred under the corresponding provisions of the current rules.
(6) A jurisdictional regulator must not take or continue action that can be continued and completed by AEMO or the AER under this clause.
(1) The AER may investigate a breach or possible breach of the superseded jurisdictional rules.
(2) If an investigation of a breach or possible breach of the superseded jurisdictional rules had commenced but had not been completed before the relevant changeover date, the AER may continue and complete the investigation.
(3) The AER must conduct or continue an investigation under this clause as if it were an investigation into a breach of this Law, and for that purpose, may exercise all the powers it has under this Law relating to investigations into breaches or possible breaches of this Law.
(1) The AER may commence proceedings, or take any other action contemplated by the superseded jurisdictional rules, for a breach of the superseded jurisdictional rules occurring before the relevant changeover date.
(2) The AER may continue and complete proceedings or other action for a breach of the superseded jurisdictional rules that had been commenced but not completed by the relevant changeover date.
(3) The superseded jurisdictional rules govern the commencement, continuation, completion or determination of any such proceedings or action as if they had continued in force (subject to necessary adaptations and modifications) for the purposes of the proceedings or other action.
(1) A dispute arising from circumstances occurring before the relevant changeover date is, subject to subclause (2), to be dealt with as a rule dispute.
(2) If—(a) proceedings for the resolution of a dispute had commenced under the superseded jurisdictional rules before the relevant changeover date; and(b) the dispute arises from circumstances occurring in Queensland or Victoria,the proceedings are to be continued and completed in accordance with the superseded jurisdictional rules (subject however to adaptations and modifications necessary to allow for the participation in the dispute resolution process of the dispute resolution authorities envisaged by the current rules).
(1) A person to whom this clause applies becomes a Registered participant on the relevant changeover date.
(2) This clause applies to—(a) a person listed in the Regulations as a person to be automatically registered as a Registered participant; and(b) a person of a class specified in the Regulations as a class of persons to be automatically registered as Registered participants.
(1) A procedure, guideline, directive, approval, determination or other instrument of a legislative or administrative character—(a) made by a former gas market operator under the superseded jurisdictional rules; and(b) in force immediately before the relevant changeover date,continues in force, subject to amendment or revocation by AEMO, as if made by AEMO under the current rules.
(2) However, this clause does not apply to an instrument of a kind that could not have been made under the current rules assuming they had been in force when the instrument was created.
(1) Subject to this clause, a rule change proposal under the superseded jurisdictional rules that was current at the relevant changeover date is to be dealt with as follows:(a) if the proposal lies within the scope of the Rules—it is to be dealt with as a request for the making of a Rule;(b) if the proposal lies within the scope of the Procedures—it is to be dealt with as a request for the making of a Procedure.
(2) The AEMC or AEMO (as the case requires) may dispense with a particular step in the process for making a Rule or a Procedure if it is of the opinion that the relevant step is unnecessary because no equivalent step existed under the superseded jurisdictional rules or the same or a similar step has already been taken under the superseded jurisdictional rules.
(3) On giving a dispensation under subclause (2), the AEMC or AEMO (as the case requires) must publish notice of its decision to do so on its website and in a newspaper circulating throughout Australia.
(1) The AEMC or AEMO (as the case requires) may reject a request for making a Rule or Procedure if the request relates to a Rule that is to be revoked by a Minister-initiated Rule or Procedure that has been made but is yet to come into operation.
(2) If an existing Rule is to be amended or substituted by a Minister-initiated Rule or Procedure that has been made but is yet to come into operation, the AEMC or AEMO (as the case requires) may treat a request for making a Rule or Procedure relating to the relevant existing Rule as if the request related to that Rule as amended or substituted.
(3) If the AEMC or AEMO (as the case requires) decides to act under this clause, it must—(a) inform the person that made the request of the decision; and(b) give that person written reasons for the decision.
(4) In this clause—
"Minister-initiated Rule or Procedure" means a Rule or Procedure made under Chapter 9 Part 2;
"Rule" includes (where the context admits) a superseded jurisdictional rule.
The website to be maintained by AEMO as the Natural Gas Services Bulletin Board is to be, in the first instance, the website maintained as the Natural Gas Services Bulletin Board immediately before the commencement date.
A requirement that AEMO publish a notice or other document on its website is, for the first 12 months after the relevant changeover date, satisfied if the notice or other document is published on the website of a former gas market operator before the relevant changeover date.
(1) An amendment to this Law, or the making of a Rule or Procedure, is not to be regarded as a change of law under an agreement or deed in effect on the relevant changeover date.
(2) Subclause (1) applies despite a provision in an agreement or deed to the contrary.
(1) The NSW Minister may, by instrument in writing (an
"allocation order" ), transfer any of GMC’s assets and liabilities to AEMO.
(2) An allocation order takes effect from a date (which may be earlier than the date of the order) specified in the order.
(3) If it appears to the NSW Minister that assets or liabilities have been transferred in error to AEMO under this clause, the Minister may, by instrument in writing (a
"claw back order" ), re-transfer assets or liabilities transferred under this clause from AEMO to GMC.
(4) A claw back order—(a) must be made within 12 months after the date of the allocation order; and(b) takes effect from a date (which may be earlier than the date of the order) specified in the order.
(5) The NSW Minister must, at least 20 business days before making a claw back order, give AEMO written notice of its intention to make the order.
(6) The NSW Minister may make an allocation order, or a claw back order, in relation to assets or liabilities situated within any participating jurisdiction.
(7) An allocation order or a claw back order may be made on conditions specified in the order.
(1) The South Australian Minister may, by Ministerial Gazette notice, transfer AEMO T’s assets and liabilities to AEMO on a date fixed by the notice.
(2) Subject to any exclusions specified in the notice, the notice will operate to transfer AEMO T’s assets and liabilities in their entirety.
(1) On the relevant date, assets and liabilities vest in the transferee named in a transfer order in accordance with the order.
(2) If a transfer order provides for the transfer of the transferor’s interest in an agreement—(a) the transferee becomes on the relevant date a party to the agreement in place of the transferor; and(b) on and after the relevant date, the agreement has effect as if the transferee had always been a party to the agreement.
(3) In this clause—
"relevant date" means—(a) for an allocation order—the date specified in the order for the transfer to take effect;(b) for a claw back order—the date specified in the order for the re-transfer to take effect;(c) for a Ministerial Gazette notice providing for the transfer of AEMO T’s assets and liabilities—the date fixed by the notice for the transfer to take effect;
"transfer order" means an allocation order, a claw back order, or a Ministerial Gazette notice under clause 68;
"transferor" means the person from whom assets and liabilities are transferred by a transfer order.
Anything done, or omitted to be done, by GMC or AEMO T in relation to assets or liabilities transferred to AEMO under this Division is, if it continues to have effect as at the date of the transfer, taken to be AEMO’s act or omission.
Proceedings commenced before 1 July 2009 by or against GMC or AEMO T may be continued and completed by or against AEMO.
(1) Nothing done under this Division—(a) constitutes a breach of contract or confidence, or other civil wrong; or(b) places a person in breach of, or constitutes a default under—(i) a statutory or non-statutory law or obligation; or(ii) a provision in an agreement, arrangement or understanding including (for example) a provision prohibiting, restricting or regulating the assignment, transfer, sale or disposal of property or the disclosure of information; or(c) fulfils a condition that allows a person to exercise a power, right or remedy in respect of, or to terminate, an agreement or obligation; or(d) gives rise to a remedy for a party to a contract or instrument because of a change in the beneficial or legal ownership of property; or(e) avoids a contract or instrument or renders it unenforceable; or(f) frustrates a contract; or(g) releases any surety or other obligor wholly or in part from any obligation.
(2) The transfer of a liability of GMC or AEMO T under this Division releases GMC or AEMO T from the liability.
(3) An allocation order or a claw back order has effect despite any other law or instrument.
(4) If the books and records of GMC or AEMO T are transferred to AEMO under this Division, AEMO must—(a) preserve the books and records for at least 7 years; and(b) allow GMC or AEMO T, and their directors or former directors reasonable access to the books and records.
(1) A written notice signed by the NSW Minister stating that a specified transfer of assets or liabilities has been made from or to GMC under this Division is conclusive evidence of the transfer.
(2) A written notice signed by the South Australian Minister stating that a specified transfer of assets or liabilities has been made from or to AEMO T under this Division is conclusive evidence of the transfer.
A reference in a document to GMC or to AEMO T in connection with an asset or liability transferred to AEMO under this Division is, from the date of transfer, taken to be a reference to AEMO.
(1) AEMO must accept assets and liabilities transferred to it under this Part or under jurisdictional legislation.
(2) The South Australian Minister may direct AEMO’s directors to accept, on AEMO’s behalf, a transfer of assets or liabilities made under this Part or under jurisdictional legislation.
(3) The relevant parties must take necessary action to perfect a transfer of assets or liabilities under this Part or under jurisdictional legislation.
(4) The South Australian Minister may direct the directors of a relevant party to ensure that the relevant party complies with an obligation imposed under subclause (3).
(5) In this clause—
"relevant party" means—(a) AEMO; or(b) AEMO T; or(c) GMC.
To the extent that any provision of this
Part is incapable of concurrent operation with a provision of the
Corporations Act 2001 of the Commonwealth (a
"designated Commonwealth provision" ), the provision of this Part is declared
to be Corporations legislation displacement provision for the purposes of
section 5G of that Act in relation to the designated Commonwealth provision.
Note—Section 5G of the Corporations Act provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency.
(1) Despite Chapter 2 Part 6 Division 5—(a) for the first 2 years of the prescribed period, fees and charges must be determined and recovered on the same basis as they were determined and recovered by the former gas market operators whose functions AEMO has assumed; and(b) for the final year of the prescribed period, fees and charges may be determined and recovered on the same basis as they were determined and recovered by the former gas market operators whose functions AEMO has assumed; but(c) AEMO must carry out a review of its fees and charges before the end of the prescribed period and ensure that, as from the end of the prescribed period, the determination and recovery of its fees and charges conform with Chapter 2 Part 6 Division 5 and the Rules.
(2) In this clause—
"prescribed period" means the period of 3 years commencing on the commencement of this clause or some other date fixed by Ministerial Gazette notice.
(1) AEMO may recover establishment expenditure as a component of the participant fees payable by users and non-scheme pipeline users.
(2) The establishment expenditure is to be recovered—(a) over a period of 4 financial years from the relevant changeover date; and(b) in accordance with a schedule prepared by AEMO and published on its website.
(3) AEMO is not required to consult on the schedule.
(1) Expenditure related to the gas statement of opportunities made before, or within 3 years after, the commencement date is to be regarded as expenditures on a major gas project.
(2) AEMO may recover that expenditure as a component of the participant fees payable by users and non-scheme pipeline users.
(3) The expenditure is to be recovered—(a) over a period of 4 financial years from the relevant changeover date; and(b) in accordance with a schedule prepared by AEMO and published on its website.
(4) AEMO is not required to consult on the schedule.
(1) AEMO stands in the same position as GMC or AEMO T in relation to information transferred under this Part from GMC or AEMO T to AEMO.
(2) It follows that—(a) if the information was confidential in the hands of GMC or AEMO T before the transfer, it remains confidential in AEMO’s hands after the transfer; and(b) AEMO must deal with the information in the same way as if it had been acquired or produced by AEMO rather than GMC or AEMO T.
(3) AEMO must allow GMC or AEMO T or their representatives such access to the transferred information as may be reasonable in the circumstances.
A calculation made by a former gas market operator before the relevant changeover date is, to the extent it has continuing relevance after the relevant changeover date, taken to have been made by AEMO.
(1) The Queensland Minister may, by notice published in the Queensland Government Gazette, defer the commencement in Queensland of specified parts or provisions of the relevant legislative innovations.
(2) The Queensland Minister may, by subsequent notice published in the Queensland Government Gazette, vary or revoke a notice under subclause (1).
In this Division—
"relevant contractual provisions for dispute resolution" means the provisions
for dispute resolution contained in transitional contracts;
"Retail Market Procedures" means Procedures governing the operation of the
regulated retail gas market in South Australia;
"Retail Market Rules" means the rules published by REMCo as the REMCo Retail
Market Rules insofar as those rules apply in relation to South Australia;
"transitional contract" means a contract, or presumptive contract, that
continues in force under clause 84;
"transitional period" means the period for which transitional contracts remain
in force after the relevant changeover date.
(1) A contract, or presumptive contract, in the form, or substantially in the form, prescribed in the appendices to the Retail Market Rules that was in force immediately before the relevant changeover date continues in force after the relevant changeover date for the purposes of, and subject to and in accordance with, the corresponding provisions of the Retail Market Procedures.
(2) Any such contract or presumptive contract is to be read and construed—(a) as if—(i) a reference to REMCo were a reference to AEMO; and(ii) a reference to the Retail Market Rules, or a provision of the Retail Market Rules were a reference to the Retail Market Procedures or the corresponding provision of the Retail Market Procedures; and(iii) the contract were amended to reflect the most recent version of the relevant pro-forma contract set out in the appendices to the Retail Market Procedures; and(b) subject to any other necessary adaptations and modifications.
(1) The relevant contractual provisions for dispute resolution apply, to the exclusion of provisions of this Law or the Rules for dispute resolution, in relation to any dispute to which the relevant contractual provisions are applicable.
(2) The relevant contractual provisions for dispute resolution continue to operate for as long as the transitional contracts in which they are contained continue in force.
(1) To the extent of any inconsistency, Part 8.5 of the Retail Market Procedures applies, during the transitional period, to the exclusion of Chapter 2 Part 6 Division 10 of this Law.
(2) To the extent of any inconsistency, clause 366 of the Retail Market Procedures applies, during the transitional period, to the exclusion of Rule 138A(8) of the National Gas Rules.
(3) In this clause, a reference to the
"Retail Market Procedures" is (if the Retail Market Rules have not yet been superseded by the Retail Market Procedures) to be read as a reference to the Retail Market Rules.
(1) This clause applies if on the day section 9 of the National Gas (South Australia) (Short Term Trading Market) Amendment Act 2009 of South Australia comes into operation there are Rules in force that specify a procedure to be followed in the making of Procedures (the
"NGR Procedures Rules" ).
(2) Despite the NGR Procedures Rules, AEMO is not required to comply with the NGR Procedures Rules for the purpose of making the first STTM Procedures under section 91BRG after the enactment of the National Gas (South Australia) (Short Term Trading Market) Amendment Act 2009.
The amendments made to this Law by the Statutes Amendment (National Energy Retail Law) Act 2011 of South Australia do not apply in a participating jurisdiction until the National Energy Retail Law is applied in that jurisdiction as a law of that jurisdiction.
The release of information given to the AER or AEMO in confidence before the commencement of this clause will be subject to the provisions of this Law in force immediately before that commencement.
The amendment to section 304 of this Law by section 26 of the Statutes Amendment (National Energy Laws) (Rules) Act 2018 does not apply to the making of—
(a) a Rule on a request under section 295(1) of this Law received by the AEMC before the commencement of this clause; or
(b) an AEMC initiated Rule (within the meaning of section 290 of this Law) in respect of which the AEMC has, before the commencement of this clause, published notice of its intention to make.
(1) Unless the Regulations otherwise indicate or provide, a person required by the Rules to use the standard market timetable incurs no civil monetary liability in connection with a pre-harmonisation contract for using the standard market timetable in accordance with the Rules contrary to the terms of that pre-harmonisation contract.
(2) Subclause (1) does not apply to deprive a person of a contractual right under a pre-harmonisation contract to be—(a) provided with a certain amount of goods or services under the contract; or(b) paid for goods and services provided under the contract.
(3) In this clause—
"pre-harmonisation contract" means a contract or other arrangement entered into by a person before the commencement of this clause.
(1) Unless the Regulations otherwise indicate or provide, a transportation service provider incurs no civil monetary liability to a transportation facility user because of the supply of transportation services to any other person by means of transportation capacity sold through a capacity auction in breach of a relevant exclusivity right where the sale of the transportation capacity through that capacity auction is required by the Rules.
(2) In this clause—
"relevant exclusivity right" , in relation to transportation services, means an express contractual right that arose under a contract entered into before the commencement of this clause that—(a) prevents a transportation service provider from supplying transportation services to persons who are not parties to the contract concerned; or(b) limits or controls the supply by a transportation service provider of transportation services to persons who are not parties to the contract,but does not include a transportation facility user’s right under the contract to be provided with a certain amount of transportation services.
(1) Unless the Regulations otherwise indicate or provide, a transportation service provider incurs no civil monetary liability to a transportation facility user for the supply by the provider of a transportation service in accordance with a priority of service rule in priority to any transportation service supplied or that may be supplied to the transportation facility user under an agreement entered into between the transportation service provider and the transportation facility user before the commencement of this clause.
(2) In this clause—
"priority of service rule" means a requirement of the Rules or the Operational Transportation Service Code for or with respect to—(a) the priority to be given to transportation capacity acquired through a capacity auction in connection with the supply of a transportation service; or(b) the time for (including a delay in) the scheduling of supply of a transportation service so as to give priority to transportation capacity acquired through a capacity auction;
"supply" , in relation to a transportation service, includes to schedule, provide and curtail supply (within the meaning of section 2) of the transportation service.
(1) The Regulations may deal with matters of a transitional nature with respect to the Capacity Trading and Auction amendments.
(2) Regulations under subclause (1) may defer, exclude or modify the application of any of the Capacity Trading and Auction amendments—(a) in any participating jurisdiction; or(b) in relation to a person, transportation service or transportation facility specified by the regulations; or(c) in relation to a class of persons, transportation services or transportation facilities specified by the regulations.
(3) Regulations under subclause (1) may—(a) be of general or limited application; or(b) vary according to the persons, times, places or circumstances to which they are expressed to apply.
(4) If regulations under subclause (1) so provide, they have effect despite any provision of the NGL, the National Gas Regulations, the National Gas Rules, the Capacity Transfer and Auction Procedures or the Operational Transportation Services Code.
(5) In this clause—
"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 .
In this Part—
"2013 non-binding guideline" means the guideline about determining the rate of
return on capital issued by the AER in 2013;
"review" , of the 2013 non-binding guideline, means the review of the
guideline started by the AER in 2017;
"stakeholders" means—
(a) service providers and consumer organisations; or
(b) end users and prospective end users; or
(c) any of the following persons the AER considers appropriate to give the AER advice or comment about the review of the 2013 non-binding guideline—(i) persons engaged by a covered pipeline service provider, a consumer organisation or another entity to give the advice or comment;(ii) other persons the AER considers have the qualifications or experience appropriate to give the advice or comment; or
(d) other persons the AER considers have an interest in the review of the 2013 non-binding guideline.
(1) This clause applies if—(a) the review of the 2013 non-binding guideline was not completed before the commencement of this clause; and(b) the AER has sought advice or comment from stakeholders in relation to the review; and(c) at least 3 months before making the first rate of return instrument, the AER has published on its website a draft of the proposed first rate of return instrument or proposed new non-binding guideline under the Rules; and(d) the draft instrument or guideline has been reviewed by an independent panel consisting of at least 3 members with qualifications or experience the AER considers appropriate to conduct the review.
(2) Chapter 2 Part 1 Division 1A Subdivision 3 does not apply in relation to making the first rate of return instrument.
(3) The independent panel mentioned in subclause (1)(d) must seek to give the AER a consensus report on the panel’s review.
(4) However, a failure to give the AER a consensus report does not affect the making of the first rate of return instrument.
(1) This clause applies if, before the commencement of this clause—(a) the review of the 2013 non-binding guideline was completed and a new non-binding guideline is in force under the Rules; and(b) the AER sought advice or comment from stakeholders in relation to the review; and(c) at least 3 months before making the new non-binding guideline, the AER published on its website a draft of the proposed new non-binding guideline; and(d) the draft was reviewed by an independent panel consisting of at least 3 members with qualifications or experience the AER considered appropriate to conduct the review; and(e) the independent panel gave the AER a report on the panel’s review.
(2) The new non-binding guideline is taken to be the first rate of return instrument on the commencement.
(3) For section 30P, the instrument is taken to have been published on the AER’s website on the commencement.
(4) The report mentioned in subclause (1)(e) need not be a consensus report on the panel’s review.
(1) The amended Law applies in relation to an AER economic regulatory decision made after the commencement even if any action or process for making the decision started before the commencement.
(2) However, subclause (1) does not apply in relation to an AER economic regulatory decision made before the commencement that has been remitted back to the AER to make the decision again.
(3) In this clause—
"amended Law" means this Law as amended by the Statutes Amendment (National Energy Laws) (Binding Rate of Return Instrument) Act 2018 ;
"commencement" means the commencement of Chapter 2 Part 1 Division 1A.
In this Part—
"Amendment Act" means the Statutes Amendment (National Energy Laws) (Omnibus)
Act 2021 ;
"commencement day" means the day on which section 33 of the Amendment Act
comes into operation.
(1) On and from the commencement day, a reference to the Ministerial Council on Energy or MCE in an Act, a legislative instrument, any other kind of instrument, or a contract, agreement or other document will be taken to be a reference to the MCE as defined in section 2 (as amended by section 33 of the Amendment Act).
(2) In this clause—
"agreement" includes the Australian Energy Market Agreement or any other intergovernmental agreement to which this jurisdiction is a party.
(1) The substitution of the definition of the MCE by section 33 of the Amendment Act is not to be regarded as a change of law (however defined) under any agreement or deed in effect on the commencement day.
(2) Subclause (1) applies despite any provision in any agreement or deed to the contrary.
(1) The substitution of the definition of the MCE by section 33 of the Amendment Act does not affect a right, obligation, liability or immunity of the MCE under an agreement, deed or other instrument entered into by the MCE and in effect on the commencement day.
(2) On and from the commencement day, a reference to the Ministerial Council on Energy or MCE in an agreement, deed or other instrument referred to in subclause (1) will be taken to be a reference to the MCE as defined in section 2 (as amended by section 33 of the Amendment Act).
(3) Subclause (1) applies despite any provision in any agreement, deed or other instrument to the contrary.
The substitution of the definition of the MCE by section 33 of the Amendment Act does not affect the validity of—
(a) any decision or direction made by the MCE before the commencement day; or
(b) any appointment in accordance with a recommendation or nomination of the MCE made before the commencement day.
In this Part—
"15-year no-coverage determination" means a 15-year no-coverage determination
within the meaning of section 2 of the pre-amended Law;
"commencement day" means the day on which this Part comes into operation;
"covered pipeline" means a covered pipeline within the meaning of section 2 of
the pre-amended Law;
"limited access arrangement" means a limited access arrangement within the
meaning of section 2 of the pre-amended Law;
"pre-amended Law" means this Law as in force immediately before the
commencement day;
"price regulation exemption" means a price regulation exemption within the
meaning of section 2 of the pre-amended Law;
"relevant entity" means—
(a) a relevant Minister within the meaning of section 2 of the pre-amended Law; or
(b) the NCC within the meaning of section 2 of the pre-amended Law;
(1) This clause applies in relation to a pipeline that, immediately before the commencement day, was a covered pipeline, other than a light regulation pipeline.Note—A covered pipeline includes a pipeline deemed to be a covered pipeline by operation of section 126 or 127 of the pre-amended Law.
(2) On the commencement day—(a) the covered pipeline is deemed to be a scheme pipeline; and(b) a scheme pipeline determination is deemed to have been made in relation to the pipeline.
(3) In this section—
"light regulation pipeline" means a covered pipeline by means of which light regulation services, within the meaning of section 2 of the pre-amended Law, are supplied under a light regulation determination, within the meaning of section 2 of the pre-amended Law.
(1) This clause applies in relation to a tender approval pipeline if the tender approval decision for the pipeline has not become irrevocable before the commencement day.
(2) On the tender approval decision becoming irrevocable—(a) the pipeline becomes a scheme pipeline; and(b) a scheme pipeline determination is deemed to have been made in relation to the pipeline.
(1) This clause applies in relation to a pipeline that, before the commencement day, was a tender approval pipeline and—(a) is deemed to be a scheme pipeline under clause 105; or(b) becomes a scheme pipeline under clause 106.
(2) On the earlier of the following events happening, the pipeline becomes a non-scheme pipeline—(a) if there is an applicable access arrangement that applies to the pipeline services provided by means of that pipeline—when that arrangement expires;(b) when a scheme pipeline revocation determination made in relation to that pipeline takes effect.
(1) This clause applies in relation to a voluntary access arrangement pipeline if the full access arrangement voluntarily submitted to the AER has not been approved before the commencement day.
(2) On the day the full access arrangement takes effect as an applicable access arrangement—(a) the pipeline becomes a scheme pipeline; and(b) a scheme pipeline determination is deemed to have been made in relation to the pipeline.
(1) This clause applies to a pipeline that, before the commencement day, was a voluntary access arrangement pipeline and—(a) is deemed to be a scheme pipeline under clause 105; or(b) becomes a scheme pipeline under clause 108.
(2) On the earlier of the following events happening, the pipeline becomes a non-scheme pipeline—(a) if there is an applicable access arrangement that applies to the pipeline services provided by means of that pipeline—when that arrangement expires;(b) when a scheme pipeline revocation determination takes effect in relation to the pipeline.
(1) On the commencement day—(a) a pipeline that, immediately before the commencement day, is a distribution pipeline within the meaning of section 2 of the pre-amended Law continues to be a distribution pipeline; and(b) a pipeline that, immediately before the commencement day, is a transmission pipeline within the meaning of section 2 of the pre-amended Law continues to be a transmission pipeline.
(2) Nothing in subclause (1) prevents a pipeline from being reclassified, under this Law, as a distribution pipeline or transmission pipeline.
(1) This clause applies in relation to an existing pipeline that, immediately before the commencement day, was not classified as a distribution pipeline or transmission pipeline under the pre-amended Law or under a licence or authorisation granted in relation to the pipeline under jurisdictional gas legislation.
(2) On the commencement day, the pipeline is taken to have the classification shown in the register known as the ‘Gas pipeline register’ that is maintained by the AEMC under Part 15 of the Rules (the
"AEMC register" ).
(3) However, if the AEMC register does not contain a classification for the pipeline, the service provider must apply to the AER for a classification decision within 2 months after the commencement day.
(4) Nothing in subclause (2) prevents the pipeline from being reclassified, under this Law, as a distribution pipeline or transmission pipeline.
(1) This clause applies in relation to a pipeline that—(a) immediately before the commencement day, was a pipeline to which the pre-amended Law applied; but(b) does not have a classification that is continued, or taken to be, in effect for the pipeline under clauses 110 to 111.
(2) Within 2 months after the commencement day, the service provider for the pipeline must notify the AEMC whether the pipeline is classified as a distribution pipeline or as a transmission pipeline under the licence or authorisation granted in relation to the pipeline under jurisdictional gas legislation.
(1) This clause applies despite clause 43(1)(b) and (c) of Schedule 2 to this Law.
(2) On the commencement day, any application under Chapter 3 of the pre-amended Law in respect of which a decision has not been made under that Chapter immediately before that day lapses.
(1) This clause applies if, immediately before the commencement day, a relevant entity—(a) is deciding whether to make a recommendation (however described) under a requirement of Chapter 3 of the pre-amended Law; and(b) has not made the recommendation.
(2) On the commencement day—(a) the requirement to make the recommendation stops having effect; and(b) the relevant entity must stop deciding whether to make the recommendation.
(1) This clause applies if, immediately before the commencement day, a relevant entity—(a) is deciding whether to make a decision (however described) or determination (however described) under a requirement of Chapter 3 of the pre-amended Law; and(b) has not made the decision or determination.
(2) On the commencement day—(a) the requirement to make the decision or determination stops having effect; and(b) the relevant entity must stop deciding whether to make the decision or determination.
(1) This clause applies in relation to a limited access arrangement that is in force immediately before the commencement day.
(2) On the commencement day, the limited access arrangement lapses.
(1) This clause applies if, before the commencement day—(a) a service provider has submitted a limited access arrangement to the AER for approval; and(b) the AER has not approved the limited access arrangement.
(2) On the commencement day, the submission lapses.
(1) On the commencement day, a 15-year no-coverage determination that was in force immediately before the commencement day is deemed to be a greenfields incentive determination.
(2) The determination continues in operation for a period of 15 years from the commissioning of the pipeline.
(1) This clause applies to a pipeline if a 15-year no-coverage determination that applied to the pipeline before the commencement day is deemed to be a greenfields incentive determination under clause 118.
(2) During the period mentioned in clause 118(2), Chapters 4 and 5 do not apply to the pipeline unless the pipeline is or becomes a third party access pipeline.
(3) A pipeline is a third party access pipeline for the purposes of this clause if any pipeline services provided by means of the pipeline are provided, directly or indirectly, to any person other than—(a) the service provider for the pipeline; or(b) a related body corporate of the service provider for the pipeline; or(c) a joint venture in which the service provider for the pipeline or a related body corporate of the service provider is a joint venture participant.
(1) This clause applies in relation to an application for a 15-year no-coverage determination under Chapter 5 Part 2 of the pre-amended Law in respect of which a decision has not been made under that Part immediately before the commencement day.
(2) Chapter 5 Part 2 as in force immediately before the commencement day continues to apply to the application as if that Part were still in force.
(3) To remove any doubt, a relevant entity may, in relation to the application, make a recommendation or determination under Chapter 5 Part 2 as in force immediately before the commencement day as if that Part were still in force.
(4) A 15-year no-coverage determination made on or after the commencement day, under the operation of this clause, is deemed to be a greenfields incentive determination.
(5) The greenfields incentive determination continues in operation for a period of 15 years from the commissioning of the pipeline.
On the commencement day, any application for a price regulation exemption under section 160 of the pre-amended Law in respect of which a decision has not been made under Chapter 5 Part 3 of the pre-amended Law immediately before that day lapses.
(1) This clause applies if the NCC—(a) has received under section 160 of the pre-amended Law an application for a price regulation exemption for a pipeline the subject of the application; and(b) immediately before the commencement day, has not made a recommendation under section 162 of the pre-amended Law.
(2) On the commencement day—(a) the requirement to make the recommendation stops having effect; and(b) the NCC must not make the recommendation.
(1) This clause applies if, immediately before the commencement day, the Commonwealth Minister—(a) is deciding whether to make a decision to grant a price regulation exemption under section 164 of the pre-amended Law; and(b) has not granted the exemption.
(2) On the commencement day—(a) the requirement to decide whether to make a decision to grant the exemption stops having effect; and(b) the Commonwealth Minister must stop deciding whether to make a decision to grant the exemption.
(1) This clause applies in relation to a price regulation exemption if the exemption—(a) has been granted before the commencement day; and(b) immediately before the commencement day, is not ineffective only because of section 167(2) of the pre-amended Law.Note—Under section 167(2) of the pre-amended Law, a price regulation exemption is ineffective unless a limited access arrangement, approved by the AER, is in force in relation to the relevant pipeline.
(2) On the commencement day, the exemption is deemed to be a greenfields incentive determination.
(3) The greenfields incentive determination continues in operation for a period of 15 years from the commissioning of the pipeline.Note—Under section 167(1) of the pre-amended Law, if a price regulation exemption is granted, the exemption remains in force for a period of 15 years from the commissioning of the pipeline.
(1) This clause applies if—(a) an access dispute has been started under Chapter 6 or 6A of the pre-amended Law; and(b) the access dispute has not been finally dealt with or decided immediately before the commencement day.
(2) An access dispute started under Chapter 6 of the pre-amended Law must be dealt with and decided under that Chapter as if it were still in force and despite Chapter 5.
(3) An access dispute started under Chapter 6A of the pre-amended Law must be dealt with and decided under that Chapter as if it were still in force and despite Chapter 5.
(1) This clause applies in relation to a service provider for a pipeline that—(a) was in operation before the commencement day; and(b) on the commencement day, is a non-scheme pipeline.
(2) The service provider is not required to comply with section 131.
(1) This clause applies in relation to a service provider who held an exemption under section 146 of the pre-amended Law that was in force immediately before the commencement day.
(2) On the commencement day, the exemption continues in force.
(1) This clause applies in relation to a pipeline that, immediately before the commencement day, was a non-scheme pipeline.
(2) On the commencement day, Part 2 of Chapter 4 does not apply to the pipeline.
(3) However, Part 2 of Chapter 4 starts applying to the pipeline at the end of 12 months after the commencement day.
(1) On the commencement day, any expansion of the Goldfields Gas Pipeline that did not previously form part of the scheme pipeline becomes part of the scheme pipeline.
(2) In this section—
"Goldfields Gas Pipeline" means the transmission pipeline between Yarraloola and Kalgoorlie in Western Australia and defined in Pipeline Licence 24 (as amended) issued under the Petroleum Pipelines Act 1969 of Western Australia, including any extension to, or expansion of the capacity of, that pipeline.
(1) This clause applies in relation to the Northern Gas Pipeline.
(2) On the commencement day, Chapters 4 and 5 do not apply to the pipeline.
(3) However, Chapters 4 and 5 start applying to the pipeline—(a) if the pipeline becomes a scheme pipeline—when the pipeline becomes a scheme pipeline; or(b) otherwise—at the end of a period of 15 years from the commissioning of the pipeline.
(4) In this clause—
"access principles" means the arrangements agreed between the service provider for the Northern Gas Pipeline and the Northern Territory Government under which a prospective user may gain access to pipeline services on the Northern Gas Pipeline;
"Northern Gas Pipeline" means the pipeline between Tennant Creek in the Northern Territory and Mount Isa in Queensland, the subject of Pipeline Licence 34 granted under the Energy Pipelines Act 1981 of the Northern Territory and Pipeline Licence 2015 granted under the Petroleum and Gas (Production and Safety) Act 2004 of Queensland, including any extension to, or expansion of the capacity of, that pipeline that is subject to the access principles.
(1) This clause applies—(a) in relation to an application that has been made to the AER under the Rules for the approval, by the AER, of a tender process for the construction and operation of a proposed pipeline as a competitive tender process; and(b) in respect of which the AER has not made a tender approval decision before the commencement day.
(2) On the commencement day, the application lapses despite clause 43(1)(b) and (c) of Schedule 2 to this Law.
(1) This clause applies if, before the commencement day, the AER—(a) is deciding whether to make a tender approval decision; and(b) has not made the decision.
(2) On the commencement day—(a) the requirement to make the tender approval decision stops having effect; and(b) the AER must stop deciding whether to make the tender approval decision.
In this Part—
"amended objective" means the national gas objective as in force on the
commencement of this clause;
"amending Act" means the Statutes Amendment (National Energy Laws) (Emissions
Reduction Objectives) Act 2023 ;
"government or regulatory entity" means the AEMC, AEMO, the AER, the Energy
Security Board, the MCE or another government entity;
"start day" —see clause 134(2)(a).
(1) This clause applies in relation to a thing required or permitted to be done under this Law by a person or body, other than the AEMC, if, in doing the thing, the person or body is required to consider or apply the national gas objective including, for example, by—(a) having regard to the national gas objective; or(b) doing the thing in a manner that will or is likely to contribute to the achievement of the national gas objective.
(2) Despite section 14 of the amending Act—(a) the national gas objective as in force before that section came into operation continues to apply for the doing of the thing until the day (the
"start day" ) that is 2 months after the commencement of this clause; and(b) the amended objective applies in relation to the doing of the thing from the start day.
(3) However, if the thing required or permitted to be done relates to a relevant access arrangement—(a) on the commencement of this clause the amended objective applies to the doing of the thing; and(b) clause 135(3) does not apply in relation to the doing of the thing.
(4) Subclauses (1) and (2) are subject to clause 135.
(5) In this clause—
"relevant access arrangement" means an access arrangement under the Rules proposed to commence on 1 January 2025 for—(a) the Mid-West and South-West Gas Distribution System comprised of the scheme distribution pipeline in Western Australia and defined in gas distribution licence 8 (as amended) issued under the Energy Coordination Act 1994 of Western Australia, including any extension to or expansion of the capacity of that pipeline; or(b) the Goldfields Gas Pipeline comprised of the transmission pipeline between Yarraloola and Kalgoorlie in Western Australia and defined in Pipeline Licence 24 (as amended) issued under the Petroleum Pipelines Act 1969 of Western Australia, including an extension to or expansion of the capacity of, that pipeline.
(1) This clause applies if—(a) before the start day, a person or body had started, or was required or permitted to start, doing a thing; and(b) on the start day—(i) the person or body has not finished doing the thing; or(ii) the period within which the thing is required or permitted to be done has not ended; and(c) in doing the thing the person or body is required to consider or apply the national gas objective by, for example—(i) having regard to the national gas objective; or(ii) doing the thing in a manner that will or is likely to contribute to the achievement of the national gas objective.
(2) The national gas objective as in force before the commencement of this clause, and as continued in effect under clause 134 until the start day, continues to apply in relation to the doing of the thing.
(3) However, a government or regulatory entity may decide to consider or apply the amended objective in relation to the doing of the thing.
(4) For subclause (1), a matter relating to an access arrangement is taken not to have been started, or required or permitted to have been started, before the start day if, on the start day, the access arrangement proposal for the access arrangement has not been submitted for the AER’s approval under Rule 46 of the Rules.
(1) If a government or regulatory entity, other than the AER, proposes to exercise a discretion under clause 135(3), the entity must use its best endeavours to ensure that within 45 days after the commencement of this clause, it issues administrative guidance about the matters the entity is likely to have regard to in deciding whether to consider or apply the amended objective in doing a thing.
(2) The AER must, within 45 days after the commencement of this clause, issue administrative guidance about the matters the AER is likely to have regard to in deciding whether to consider or apply the amended objective in doing a thing.
(3) A failure to comply with this section does not prevent a government or regulatory entity from exercising a discretion under clause 135(3).
(1) This clause applies if—(a) administrative guidance is issued by a government or regulatory entity about considering or applying the amended objective; and(b) the guidance includes the value, or a method of working out the value, of greenhouse gas emissions or greenhouse gas emissions reduction; and(c) the guidance is consistent with any MCE statement.
(2) The value or method stated in the administrative guidance must be complied with by the government or regulatory entity in considering or applying the amended objective.
(3) This clause applies until a Regulation or Rule takes effect for the matter described in subclause (1).
(4) In this clause—
"MCE statement" means a statement issued by the MCE that states the value, or a method of or guidance for working out the value, of greenhouse gas emissions or greenhouse gas emissions reduction, that is to be used by a government or regulatory entity in considering or applying the amended objective until a Regulation or Rule mentioned in subclause (3) takes effect.
(1) This clause applies if, before the commencement of this clause—(a) the MCE or a Minister of a participating jurisdiction had requested a Rule under section 295(1) in relation to the national gas objective as if the amended objective were in force; and(b) the AEMC had done a thing under Chapter 9, other than sections 313 to 315, in relation to the request.
(2) On the commencement of this clause—(a) the thing is taken to have been validly done under Chapter 9; and(b) the AEMC is taken to have satisfied a requirement under the Law to apply the national gas objective in relation to the thing.