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This is a Bill, not an Act. For current law, see the Acts databases.
House of Assembly—No 10
As laid on the table and read a first time, 11 May 2006
South Australia
Gas
Pipelines Access (South Australia) (Greenfields Pipeline Incentives) Amendment
Bill 2006
A Bill For
An
Act to amend the Gas Pipelines Access (South Australia) Act 1997.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Gas
Pipelines Access (South Australia) Act 1997
4 Amendment of section 10—Power to
make regulations for the Gas Pipelines Access Law
5 Amendment of
Schedule 1—Third party access to natural gas pipelines
The Parliament of South Australia enacts
as follows:
This Act may be cited as the Gas Pipelines Access (South
Australia) (Greenfields Pipeline Incentives) Amendment Act 2006.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the
amendment of a specified Act amends the Act so specified.
Part 2—Amendment of Gas Pipelines Access (South
Australia) Act 1997
4—Amendment of section 10—Power to make regulations for the Gas Pipelines Access Law
Section 10(1)—delete subsection (1) and
substitute:
(1) The Governor may make regulations—
(a) contemplated
by the Gas Pipelines Access Law; or
(b) for
or with respect to any matter or thing necessary to be prescribed to give
effect to the Gas Pipelines Access Law.
5—Amendment of Schedule 1—Third party access to natural gas pipelines
(1) Schedule 1, Part 1, section 2, definition
of civil penalty provision—delete the definition and substitute:
civil penalty provision means—
(a) section
13, section 13V(3) or section 40; or
(b) a
provision of the Code that, under the regulations, is a civil penalty provision
for the purposes of this Law;
(2) Schedule 1—after section 13 insert:
Part 3A—Greenfields
pipeline incentives
Division 1—Preliminary
13A—Definitions
(1) In this Part—
Australia's adjacent areas means areas that are identified in
section 5A of the Petroleum (Submerged Lands) Act 1967 of the
Commonwealth as adjacent to States, Territories and other parts of Australia;
binding no-coverage determination means a determination under Division 2;
commission—a pipeline is commissioned when the pipeline is first used for
the haulage of natural gas, on a commercial basis, between a supplier and a
user;
excluded infrastructure in relation to a pipeline means tanks,
reservoirs, machinery, equipment or other infrastructure that forms part of the
pipeline but is classified by regulation as excluded infrastructure for the
purposes of this Part;
foreign source—see definition of international pipeline;
greenfields pipeline incentive means—
(a) a
binding no-coverage determination; or
(b) a
price regulation exemption;
greenfields pipeline project means a project for the construction of a
pipeline that is to be—
(a) structurally
separate from any existing pipeline (whether or not it is to traverse a route different
from the route of an existing pipeline); or
(b) a
major extension of an existing pipeline that is not a covered pipeline; or
(c) a
major extension of a covered pipeline to which the access arrangement for the
covered pipeline will not apply;
international pipeline means a pipeline for the haulage of gas
from a source beyond the outer limits of Australia's adjacent areas (the foreign
source) to Australia;
limited access arrangement means an access arrangement without
provision for price or revenue regulation but (subject to any exclusion or
modification made by regulation) dealing with all other matters for which the
Code requires provision to be made in an access arrangement;
national gas objective—see section 13B;
pipeline means a pipeline (as defined in Part 1)—
(a) that
is an international pipeline; or
(b) that
is classified under this Law as a transmission pipeline or a distribution
pipeline;
pipeline coverage criteria—see section 13C;
pipeline description for a pipeline means the description of
the pipeline—
(a) as
given in the application for a greenfields pipeline incentive for the pipeline;
or
(b) if
that description has been amended under Division 4—the description as amended;
price or revenue regulation means regulation of—
(a) the
prices at which services are to be provided; or
(b) the
revenue to be derived from the provision of services,
(but does not include the provision against price discrimination
that is to be included in a limited access arrangement under section 13U);
price regulation exemption means an exemption under Division 3;
relevant Minister means—
(a) in
relation to an international pipeline—the Commonwealth Minister;
(b) in
relation to a pipeline (other than an international pipeline) classified as a
transmission or a distribution pipeline—the Minister to whom responsibility is
assigned under this Law for deciding whether the pipeline should be, or should
cease to be, a covered pipeline;
services means services provided (or to be provided) by means of a pipeline.
(2) An
international pipeline is, for the purposes of this Law, a transmission
pipeline.
(3) Words
and expressions used in the Code have, unless the contrary intention appears,
the same respective meanings in this Part.
13B—National
gas objective
(1) The
national gas objective is to promote efficient investment in, and efficient
operation and use of, natural gas services for the long term interests of
consumers of natural gas with respect to price, quality, safety, reliability
and security of supply of natural gas.
(2) The
above legislative statement of the national gas objective is for the purposes
(and only for the purposes) of this Part and no general intention to reform the
objectives or purposes of this Law is to be inferred from it.
13C—Pipeline
coverage criteria
For the purposes of this Part, the
pipeline coverage criteria are as follows:
(a) that
access (or increased access) to services to be provided by means of the
pipeline would promote a material increase in competition in at least one
market (whether or not in Australia), other than the market for services to be
provided by means of the pipeline;
(b) that
it would be uneconomic for anyone to develop another pipeline to provide the
services to be provided by means of the pipeline;
(c) that
access (or increased access) to the services to be provided by means of the
pipeline could be provided without undue risk to human health or safety;
(d) that
access (or increased access) to the services to be provided by means of the
pipeline would not be contrary to the public interest.
Division 2—Binding
no-coverage determinations
Subdivision
1—Application
13D—Application
for binding no-coverage determinations for proposed pipelines
(1) If
a greenfields pipeline project is proposed, or has commenced, the service
provider may, before the pipeline is commissioned, apply for a determination (a
binding no-coverage determination) exempting the pipeline from
coverage.
(2) If a price regulation exemption has been
granted for an international pipeline, an application for a binding no-coverage
determination for the pipeline may be made by the service provider—
(a) before
the pipeline is commissioned; or
(b) after
the pipeline is commissioned but before the term of the price regulation
exemption comes to an end.
(3) An
application for a binding no-coverage determination is to be made to the NCC.
(4) An application for a binding no-coverage
determination must—
(a) include
a description of the pipeline (the pipeline description); and
(b) specify
whether the pipeline is—
(i) an
international pipeline; or
(ii) a
transmission pipeline (other than an international pipeline); or
(iii) a
distribution pipeline; and
(c) contain
any information, or be accompanied by any document, that is required by
regulation.
(5) The pipeline description—
(a) must
contain the details required under the regulations; but
(b) need
not describe, or include details of, excluded infrastructure.
13E—Notification
of relevant Minister
When the NCC receives an application for a binding no-coverage
determination, it must, without delay, notify the relevant Minister of receipt
of the application.
Subdivision
2—Investigation and recommendation by NCC
13F—General
principles governing NCC's recommendations on applications for binding
no-coverage determinations
(1) In framing a draft or final recommendation
on an application for a binding no-coverage determination, the NCC—
(a) must
give effect to the pipeline coverage criteria; and
(b) in
deciding whether or not the pipeline coverage criteria are satisfied—
(i) must
have regard to the national gas objective; and
(ii) must
have regard to relevant submissions and comments made in response to an
invitation under this Subdivision within the time allowed for submissions and
comments.
(2) The NCC gives effect to the pipeline
coverage criteria as follows:
(a) if
the NCC is satisfied that all the pipeline coverage criteria are satisfied in
relation to the pipeline—the recommendation must be against making a binding
no-coverage determination;
(b) if
the NCC is not satisfied that all the pipeline coverage criteria are satisfied
in relation to the pipeline—the recommendation must be in favour of making a
binding no-coverage determination.
13G—Notice
of application
(1) The
NCC must, within 14 days after receiving an application for a binding
no-coverage determination, publish a notice on its website and in a newspaper
circulating generally throughout Australia.
(2) The notice must—
(a) notify
receipt of the application; and
(b) include—
(i) a
short description of the pipeline accompanied by a reference to a website at
which the relevant pipeline description can be inspected; and
(ii) any
further information required by regulation; and
(c) invite
submissions and comments within 21 days from the date of the notice.
(3) The NCC is not obliged to give notice of an
application under this section if, within 14 days after receiving the
application, the NCC rejects the application on the ground—
(a) that
the applicant has failed to provide the information and materials required
under this Part; or
(b) that
the application is frivolous or vexatious.
(4) A decision under subsection (3) to
reject an application must—
(a) be
in writing; and
(b) set
out the reasons for the decision; and
(c) be
given to the applicant without delay.
13H—Draft
recommendation
(1) The
NCC must prepare a draft recommendation within 42 days after giving notice
under section 13G(1).
(2) The draft recommendation must—
(a) be
in writing; and
(b) contain
a short description of the pipeline accompanied by a reference to a website at
which the relevant pipeline description can be inspected; and
(c) state
the terms of the proposed recommendation and the reasons for it; and
(d) contain
any other information that is required by regulation.
13I—Publication
of draft recommendation and invitation to make submissions and comments
(1) The NCC must, without delay—
(a) give
copies of the draft recommendation to—
(i) the
applicant; and
(ii) the
AEMC; and
(iii) the
relevant Regulator; and
(b) publish
the draft recommendation on the NCC's website; and
(c) make
the draft recommendation available for inspection during business hours at the
offices of the NCC.
(2) The
NCC must publish, on its website and in a newspaper circulating throughout
Australia, notice of the draft recommendation inviting written submissions and
comments on the draft recommendation within 14 days after publication of the
notice.
13J—Consideration
of submissions and comments and making of final recommendation
(1) The
NCC must, within 28 days after the end of the period allowed for making
submissions and comments on the draft recommendation, consider all submissions
and comments made within the time allowed and make its final recommendation.
(2) The final recommendation must—
(a) be
in writing; and
(b) contain
a short description of the pipeline accompanied by a reference to a website at
which the relevant pipeline description can be inspected; and
(c) state
the terms of the proposed recommendation and the reasons for it; and
(d) contain
any other information that is required by regulation.
(3) The NCC must, without delay—
(a) deliver
the final recommendation to the relevant Minister; and
(b) give
copies of the final recommendation to—
(i) the
applicant; and
(ii) the
AEMC; and
(iii) the
relevant Regulator; and
(c) publish
the final recommendation on the NCC's website; and
(d) make
the final recommendation available for inspection during business hours at the
offices of the NCC.
Subdivision
3—Ministerial determination of application
13K—Minister's
decision on application
(1) The
relevant Minister must, within 42 days of receiving the NCC's recommendation,
decide whether or not to make a binding no-coverage determination.
(2) In deciding whether to make a binding
no-coverage determination, the relevant Minister—
(a) must
give effect to the pipeline coverage criteria; and
(b) in
deciding whether or not the pipeline coverage criteria are satisfied in
relation to the pipeline—
(i) must
have regard to the national gas objective; and
(ii) must
have regard to (but is not bound by) the NCC's recommendation; and
(iii) may
take into account any relevant submissions and comments made to the NCC under
Subdivision 2.
(3) The relevant Minister gives effect to the
pipeline coverage criteria as follows:
(a) if
the Minister is satisfied that all the pipeline coverage criteria are satisfied
in relation to the pipeline—the Minister must not make a binding no-coverage
determination;
(b) if
the Minister is not satisfied that all the pipeline coverage criteria are
satisfied in relation to the pipeline—the Minister must make a binding
no-coverage determination.
(4) A binding no-coverage determination, or a
decision not to make a binding no-coverage determination, must—
(a) be
in writing; and
(b) contain
a short description of the pipeline the subject of the determination,
accompanied by a reference to a website at which the relevant pipeline
description can be inspected; and
(c) set
out the relevant Minister's reasons for the determination or decision.
13L—Effect
of determination
(1) A
binding no-coverage determination takes effect when made and remains in force
for a period of 15 years from the commissioning of the pipeline.
(2) An
application for coverage of a pipeline to which a binding no-coverage
determination applies can only be made before the end of the period for which
the determination remains in force if the coverage sought in the application is
to commence from, or after, the end of that period.
13M—Consequences
of Minister deciding against making binding no-coverage determination for
international pipeline
(1) If—
(a) the
Commonwealth Minister decides against making a binding no-coverage
determination for an international pipeline; and
(b) the
applicant asks the Commonwealth Minister to treat the application as an
application for a price regulation exemption,
the Commonwealth Minister may treat the application as an
application for a price regulation exemption under Division 3.
(2) If the Commonwealth Minister decides to
treat an application for a binding no-coverage determination as an application
for a price regulation exemption, the Commonwealth Minister may—
(a) refer
the application back to the NCC for a recommendation; or
(b) proceed
to determine the application without a further recommendation from the NCC.
Division 3—Price
regulation exemptions
Subdivision
1—Application for price regulation exemption
13N—Application
for price regulation exemption
(1) If
a greenfields pipeline project for construction of an international pipeline is
proposed, or has commenced, the service provider may, before the pipeline is commissioned,
apply for a price regulation exemption for the pipeline.
(2) The
application is to be made to the NCC.
(3) An application for a price regulation
exemption must—
(a) include
a description of the international pipeline (the pipeline description);
and
(b) contain
any information, or be accompanied by any document, that is required by
regulation.
(4) The pipeline description—
(a) must
contain the details required under the regulations; but
(b) need
not describe, or include details of, excluded infrastructure.
13O—Notification
of Commonwealth Minister
When the NCC receives an application for a price regulation
exemption, it must, without delay, notify the Commonwealth Minister of receipt
of the application.
Subdivision
2—Investigation and recommendation by NCC
13P—General
principle governing NCC's recommendation
(1) In
framing its recommendation on an application for a price regulation exemption,
the NCC must weigh the benefits to the public of granting the exemption against
the detriments to the public.
(2) In doing so, the NCC—
(a) must
have regard to the national gas objective with particular reference to—
(i) the
implications of the exemption for relevant markets (including the effect on
market power); and
(ii) other
possible effects on the public interest; and
(b) may
have regard to any other relevant matter.
13Q—Invitation
of submissions and comments
(1) The
NCC must publish a notice on its website and in a newspaper circulating
generally throughout Australia.
(2) The notice must—
(a) notify
receipt of the application; and
(b) include—
(i) a
short description of the pipeline accompanied by a reference to a website at
which the relevant pipeline description can be inspected; and
(ii) any
further information required by regulation; and
(c) invite
submissions and comments within a specified period from the the date of the
notice.
(3) The NCC is not obliged to give notice of an
application under this section if the NCC rejects the application on the ground—
(a) that
the applicant has failed to provide the information and materials required
under this Part; or
(b) that
the application is frivolous or vexatious.
(4) A decision under subsection (3) to
reject an application must—
(a) be
in writing; and
(b) set
out the reasons for the decision; and
(c) be
given to the applicant without delay.
13R—NCC's
duty to make recommendation within 42 days
(1) The
NCC must within 42 days after receipt of an application for a price regulation
exemption make a recommendation to the Commonwealth Minister on the
application.
(2) As soon as practicable after delivering the
recommendation to the Commonwealth Minister, the NCC must—
(a) give
copies of the recommendation to—
(i) the
applicant; and
(ii) the
AEMC; and
(iii) the
ACCC; and
(b) publish
the recommendation on the NCC's website; and
(c) make
the recommendation available for inspection during business hours at the
offices of the NCC.
Subdivision
3—Making and effect of price regulation exemption
13S—Making
of price regulation exemption
(1) The
Commonwealth Minister must, within 14 days after receiving the NCC's
recommendation, decide whether or not to make a price regulation exemption.
(2) In
deciding whether to make a price regulation exemption, the Commonwealth
Minister must weigh the benefits to the public of granting the exemption
against the detriments to the public.
(3) In doing so, the Commonwealth Minister—
(a) must
have regard to the national gas objective with particular reference to—
(i) the
implications of the exemption for relevant markets (including the effect on
market power); and
(ii) other
possible effects of the exemption on the public interest; and
(b) must
have regard to (but is not bound by) the NCC's recommendation; and
(c) may
take into account any relevant submissions and comments made to the NCC under
Subdivision 2; and
(d) may
have regard to any other relevant matter.
(4) A price regulation exemption, or a decision
not to make a price regulation exemption, must—
(a) be
in writing; and
(b) include
a short description of the pipeline the subject of the determination
accompanied by a reference to a website at which the relevant pipeline
description may be inspected; and
(c) set
out the Commonwealth Minister's reasons for the decision to grant, or not to
grant, the exemption.
13T—Effect
of price regulation exemption
(1) If
a price regulation exemption is granted, then for a period of 15 years
from the commissioning of the pipeline, the services provided by means of the
pipeline are not subject to price or revenue regulation under this Law.
(2) A
price regulation exemption is, however, ineffective unless a limited access
arrangement, approved by the ACCC, is in force in relation to the relevant
pipeline.
(3) If,
while a price regulation exemption remains in force, the Commonwealth Minister
makes a binding no-coverage determination for the pipeline, the binding
no-coverage determination supersedes the price regulation exemption (which is
then terminated) and remains in force for the balance of the period for which
the exemption was granted.
(4) An
application for coverage of a pipeline to which a price regulation exemption
applies can only be made before the end of the period of exemption if the
coverage sought in the application is to commence from, or after, the end of
that period.
13U—Limited
access arrangement
(1) The service provider—
(a) must,
within 90 days after the grant of a price regulation exemption, submit a
proposed limited access arrangement to the ACCC for approval; and
(b) may,
at any time after the approval of a limited access arrangement, submit a
proposed amendment to the limited access arrangement for approval.
(2) When the ACCC receives a proposed limited
access arrangement, or a proposed amendment to a limited access arrangement,
for approval, the ACCC must proceed as follows:
(a) the
ACCC must publish the proposed limited access arrangement, or the proposed
amendment, on its website together with an invitation to the public to make
submissions and comments on the proposal within 21 days after the date of the
invitation; and
(b) the
ACCC must consider the submissions and comments made in response to the
invitation within the time allowed and publish on its website a draft decision
on the proposal together with a further invitation to the public to make
submissions and comments on the draft decision within 14 days from the date of
the invitation; and
(c) the
ACCC must then make a final decision on the proposal and may in its final
decision—
(i) in
the case of a proposed limited access arrangement—approve the limited access
arrangement with or without amendment;
(ii) in
the case of a proposed amendment to a limited access arrangement—amend the
limited access arrangement in accordance with the proposed amendment or in some
other way acceptable to the service provider, or reject the proposed amendment;
and
(d) the
ACCC must then publish its final decision, and the reasons for it, on its
website.
(3) Subsections (1)
and (2) operate to the exclusion of the provisions and procedures of the Code
for the approval, amendment and review of access arrangements (except sections
2.24 and 2.25 of the Code).
(4) A
limited access arrangement is to contain no provision for price or revenue
regulation.
(5) A limited access arrangement must, however,
contain an undertaking, on the part of the service provider, not to engage in
price discrimination unless the price discrimination—
(a) is
conducive to efficient service provision; or
(b) can
be justified on some other rational economic basis.
(6) Subject
to subsection (7), a dispute about access to a pipeline to which a price
regulation exemption applies may be dealt with under this Law in the same way
as a dispute about access to a covered pipeline.
(7) An access dispute cannot, however, be
resolved by arbitration on terms—
(a) regulating
the price at which services are to be provided by the service provider (except
to the extent that such regulation is necessary to give effect to the
undertaking against price discrimination referred to in subsection (5));
or
(b) limiting
the revenue to be derived by the service provider from the provision of
services.
13V—Other
obligations to which service provider is subject
(1) The service provider for a pipeline to
which a price regulation exemption applies is subject to the following
provisions as if the pipeline were a covered pipeline:
(a) Section
13 (Preventing or hindering access);
(b) Part
4 of the Code (Ring fencing arrangements);
(c) Part
5 of the Code (Information and timelines for negotiation);
(d) Sections
7.1 to 7.6 of the Code (Approval required for associate contracts).
(2) A price regulation exemption is subject to
the following conditions:
(a) the
service provider must not engage in price discrimination contrary to the
undertaking contained in the service provider's limited access arrangement; and
(b) the
service provider must maintain a register of Spare Capacity; and
(c) the
service provider's limited access arrangement and the register of Spare
Capacity are to be accessible on the service provider's website; and
(d) the
service provider—
(i) must,
as and when required by the ACCC or the Commonwealth Minister, provide
information requested by the ACCC or the Commonwealth Minister (in a manner and
form determined or approved by the ACCC or the Commonwealth Minister) on access
negotiations and the result of access negotiations; and
(ii) must
report annually to the ACCC and the Commonwealth Minister (in a manner and form
approved by the ACCC or the Commonwealth Minister) on access negotiations and
the result of access negotiations.
(3) A
service provider must ensure compliance with conditions to which the exemption
is subject.
Division 4—Provisions
of general application to greenfields pipeline incentives
Subdivision
1—Extended or modified application of greenfields pipeline incentive
13W—Requirement
for conformity between pipeline description and pipeline as constructed
(1) Subject to this Subdivision—
(a) a
greenfields pipeline incentive applies to the pipeline as described in the
relevant pipeline description; and
(b) if
the pipeline, as constructed, differs from the pipeline as described in the
pipeline description, the incentive does not attach to the pipeline and the
service provider is not entitled to its benefit.
(2) In
determining whether a pipeline, as constructed, differs from the relevant
pipeline description, excluded infrastructure is not to be taken into account.
13X—Power of
relevant Minister to amend pipeline description
(1) The
relevant Minister may, on application by the service provider for a pipeline
for which a greenfields pipeline incentive has been granted, amend the relevant
pipeline description.
(2) An
amendment cannot, however, be made under this section after the pipeline has
been commissioned.
(3) The relevant Minister—
(a) may
refer an application for amendment to a pipeline description to the NCC for
advice; and
(b) if
the amendment sought involves a substantial change to the pipeline description
as it currently exists—must refer the application to the NCC for advice.
(4) In
framing its advice to the relevant Minister, the NCC must have regard to the
criteria that were relevant to the grant of the greenfields pipeline incentive.
(5) In deciding whether to make the amendment
sought, the relevant Minister—
(a) must
have regard to the criteria that were relevant to the grant of the greenfields
pipeline incentive; and
(b) if
the application has been referred to the NCC for advice—must consider (but is
not bound by) the NCC's advice.
Subdivision
2—Early termination of greenfields pipeline incentive
13Y—Greenfields
pipeline incentive may lapse
(1) A
greenfields pipeline incentive lapses if the pipeline for which it was granted
is not commissioned within 3 years after the incentive was granted.
(2) The
regulations may, in a particular case, extend the period of 3 years
referred to in subsection (1).
13Z—Revocation
by consent
The relevant Minister may, at the request of the service provider,
revoke a greenfields pipeline incentive.
13ZA—Revocation
for misrepresentation
The relevant Minister may, on application
by the relevant Regulator, revoke a greenfields pipeline incentive on the
ground that—
(a) the
applicant misrepresented a material fact on the basis of which the application
was granted; or
(b) the
applicant failed to disclose material information that the applicant was
required to disclose under this Part.
13ZB—Exhaustive
provision for termination of greenfields pipeline incentive
A greenfields pipeline incentive does not terminate, and cannot be
revoked, before the end of its term except as provided in this Part.
(3) Schedule 1, Part 6, section 38(13)—after
paragraph (a) insert:
(ab) to
grant, or to refuse, a binding no-coverage determination in relation to a
pipeline under Part 3A;
(ac) to
revoke a greenfields pipeline incentive under section 13ZA;
(4) Schedule 1, Appendix, clause 2—delete
clause 2 and substitute:
2—Law to be
construed not to exceed legislative power of Legislature
(1) This
Law is to be construed as operating to the full extent of, but so as not to
exceed, the legislative power of the Legislature.
(2) If a provision of this Law, or the
application of a provision of this Law to a person, subject matter or
circumstance would, but for this clause, be construed as being in excess of the
legislative power of the Legislature—
(a) it
is a valid provision to the extent to which it is not in excess of the power;
and
(b) the
remainder of this Law, and the application of the provision to other persons,
subject matters or circumstances, is not affected.
(3) Without limiting subclause (2), this
Law is not to be construed as imposing any duty on the NCC, the Commonwealth Minister,
the ACCC or the Australian Competition Tribunal to perform a function or
exercise a power if the imposition of the duty would be in excess of the
legislative power of the Legislature.
Note—
The term function is defined in clause 10 to include
duty.
(4) In particular, if a provision of this Law
appears to impose a duty on the NCC, the Commonwealth Minister, the ACCC or the
Australian Competition Tribunal to perform a function or exercise a power in
matters or circumstances in which the assumption of the duty cannot be validly
authorised under the law of the Commonwealth, or is otherwise ineffective, the
provision is to be construed as if its operation were expressly confined to—
(a) acts
or omissions of corporations to which section 51(xx) of the Constitution of
the Commonwealth applies; or
(b) acts
or omissions taking place in the course of, or in relation to, trade or
commerce between this jurisdiction and places outside this jurisdiction
(whether within or outside Australia); or
(c) acts
or omissions taking place outside Australia, or in relation to things outside
Australia.
(5) This clause does not limit the effect that a provision of this Law would validly have apart from this clause.