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STATUTES AMENDMENT (NATIONAL ENERGY LAWS) (GAS PIPELINES) ACT 2022 (NO 21 OF 2022)


TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   2.      Commencement
   3.      Amendment provisions

   PART 2--Amendment of National Electricity Law

   4.      Amendment of section 2--Definitions
   5.      Amendment of section 16--Manner in which AER performs AER economic regulatory functions or powers

   PART 3--Amendment of National Energy Retail Law

   6.      Amendment of section 2--Interpretation
   7.      Amendment of section 88--Requirement for authorisation or exemption
   8.      Amendment of section 137--RoLR notice--direction for gas

   PART 4--Amendment of National Gas (South Australia) Act 2008

   9.      Amendment of section 9--Interpretation of some expressions in National Gas (South Australia) Law and National Gas (South Australia) Regulations
   10.     Amendment of section 14--Conferral of powers on Commonwealth Minister and Commonwealth bodies to act in this State
   11.     Repeal of section 18

   PART 5--Amendment of National Gas Law

   12.     Amendment of section 2--Definitions
   13.     Amendment of section 3--Meaning of civil penalty provision
   14.     Amendment of section 4--Meaning of conduct provision
   15.     Amendment of section 5--Meaning of prospective user
   16.     Amendment of section 8--Meaning of service provider
   17.     Insertion of section 8AB
   18.     Amendment of section 8A--Nominated distributors
   19.     Amendment of section 9--Passive owners of scheme pipelines deemed to provide or intend to provide pipeline services
   20.     Amendment of section 13--Pipeline classification criterion
   21.     Repeal of sections 14 and 15
   22.     Amendment of section 16--Form of regulation factors
   23.     Amendment of section 17--Effect of separate and consolidated access arrangements in certain cases
   24.     Substitution of sections 18 and 19
   25.     Amendment of section 22--Ministers of participating jurisdictions
   26.     Amendment of heading to Chapter 1, Part 3, Division 2--Revenue and pricing principles
   27.     Amendment of section 24--Revenue and pricing principles
   28.     Amendment of section 27--Functions and powers of the AER
   29.     Amendment of section 28--Manner in which AER must perform or exercise AER economic regulatory functions or powers
   30.     Amendment of section 30C--Rate of return instrument is binding on AER and covered pipeline service providers
   31.     Amendment of section 30E--Content of rate of return instrument
   32.     Amendment of section 30Q--Application of instrument
   33.     Amendment of section 43--Definitions
   34.     Amendment of section 44--Meaning of contributing service
   35.     Amendment of section 45--Meaning of general regulatory information order
   36.     Amendment of section 46--Meaning of regulatory information notice
   37.     Amendment of section 48--Service and making of regulatory information instruments
   38.     Amendment of section 49--Additional matters to be considered for related provider regulatory information instruments
   39.     Amendment of section 52--Opportunity to be heard before regulatory information notice is served
   40.     Amendment of section 53--Form and content of regulatory information instrument
   41.     Amendment of section 54--Further provision about the information that may be described in a regulatory information instrument
   42.     Amendment of section 59--Assumptions where there is non-compliance with regulatory information instrument
   43.     Insertion of Chapter 2, Part 1, Division 4A Division 4A--Monitoring service providers
   44.     Amendment of heading to Chapter 2, Part 1, Division 5--Service provider performance reports
   45.     Insertion of Chapter 2, Part 1, Division 5A Division 5A--Compliance and performance
   46.     Substitution of section 83A
   47.     Repeal of section 88
   48.     Repeal of Chapter 2, Part 4
   49.     Amendment of section 91BH--General principles governing determinations
   50.     Amendment of section 91KA--Supply interruption or disconnection in compliance with AEMO's direction
   51.     Amendment of section 91LA--Retail market participation
   52.     Substitution of Chapter 3 Chapter 3--Regulatory framework for pipelines

   PART 1--Scheme pipeline determinations and scheme pipeline elections Division 1--Scheme pipeline determinations

   94.     Effect of scheme pipeline determination Division 2--Scheme pipeline elections

   PART 2--Scheme pipeline revocation determinations

   PART 3--Greenfields incentive determinations and greenfields price protection determinations Division 1--Greenfields incentive determinations

   104.    Power of AER to amend pipeline description Division 2--Early termination of greenfields incentive determination
   108.    Exhaustive provision for termination of greenfields incentive determination Division 3--Greenfields price protection determinations

   PART 4--Principles governing the making of particular determinations

   PART 5--Access arrangements for scheme pipelines Division 1--Submissions generally

   113.    Submission of access arrangement or revisions to applicable access arrangement Division 2--Provisions relating to applicable access arrangements

   PART 6--Classification and reclassification of pipelines Division 1--Classification of pipelines

   117.    Application for classification of pipeline Division 2--Reclassification of pipelines
   118.    Reclassification of pipelines Division 3--Provisions relating to classification and reclassification decisions

   PART 7--AER reviews into designated pipelines

   53.     Amendment of heading to Chapter 4
   54.     Insertion of Chapter 4 Part A1
   55.     Amendment of heading to Chapter 4, Part 1
   56.     Amendment of section 131--Service provider must be legal entity of a specified kind to provide pipeline services by covered pipeline
   57.     Repeal of section 132
   58.     Amendment of section 133--Preventing or hindering access
   59.     Repeal of section 134
   60.     Substitution of section 135
   61.     Substitution of section 136
   62.     Amendment of section 137--Definitions
   63.     Amendment of section 138--Meaning of marketing staff
   64.     Amendment of section 139--Carrying on of related businesses prohibited
   65.     Amendment of section 140--Marketing staff and the taking part in related businesses
   66.     Amendment of section 141--Accounts that must be prepared, maintained and kept
   67.     Amendment of section 143--AER ring fencing determinations
   68.     Amendment of section 144--AER to have regard to likely compliance costs of additional ring fencing requirements
   69.     Amendment of section 145--Types of ring fencing requirements that may be specified in an AER ring fencing determination
   70.     Repeal of Chapter 4, Part 2, Division 4
   71.     Redesignation of Chapter 4, Part 2, Division 5
   72.     Amendment of section 147--Service provider must not enter into or give effect to associate contracts that have anti-competitive effect
   73.     Amendment of section 148--Service provider must not enter into or give effect to associate contracts inconsistent with competitive parity rule
   74.      Insertion of Chapter 4, Part 2, Division 5 and Chapter 4, Parts 3 and 4 Division 5--Exemptions from particular requirements

   PART 3--Negotiation of access

   PART 4--AER reviews about application of this Chapter

   75.     Substitution of Chapters 5 to 6A Chapter 5--Access disputes

   PART 1--Interpretation and application

   PART 2--Notice of access dispute and other provisions Division 1--Notice of access dispute

   153.    Withdrawal of notice Division 2--Parties to an access dispute

   PART 3--Alternative dispute resolution for access disputes Division 1--Alternative dispute resolution for scheme pipeline access disputes

   155.    Dispute resolution body may require parties to engage in alternative dispute resolution Division 2--Mediation of access disputes involving small shippers

   PART 4--Arbitration of non-scheme pipeline access disputes

   PART 5--Access determination Division 1--Determination of access disputes generally

   164.    Access determinations and part contributions of capital to fund installations or the construction of new facilities Division 2--Particular provisions relating to scheme pipeline access disputes

   PART 6--Variation of access determinations

   PART 7--Termination of access dispute

   PART 8--Compliance with access determinations

   PART 9--Access dispute hearing procedure

   PART 10--Costs Division 1--Scheme pipeline access disputes

   187.    Regulations about the costs to be paid by parties to access dispute--scheme pipelines Division 2--Non-scheme pipeline disputes
   188.    Costs of arbitration of non-scheme pipeline disputes Division 3--Mediation of access disputes involving small shippers

   PART 11--Joint access dispute hearings--scheme pipeline disputes

   PART 12--Miscellaneous matters

   76.     Amendment of section 231--AER proceedings for breaches of this Law, Regulations or the Rules that are not offences
   77.     Amendment of section 271--Enforcement of access determinations
   78.     Amendment of section 292--AEMC must take into account form of regulation factors in certain cases
   79.     Amendment of section 293--AEMC must take into account revenue and pricing principles in certain cases
   80.     Insertion of section 294FB
   81.     Amendment of section 294G--South Australian Minister may make Rules on recommendation of MCE and Energy Security Board
   82.     Amendment of section 324--Authorised disclosure of information given to the AER in confidence
   83.     Repeal of Chapter 10, Part 1
   84.     Substitution of Chapter 10, Part 2, Division 2 Division 2--Disclosure of confidential information held by AEMC
   85.     Amendment of section 332--Failure to make a decision under this Law or the Rules within time does not invalidate the decision
   86.     Substitution of section 333
   87.     Repeal of sections 334 and 335
   88.     Substitution of Schedule 1
           SCHEDULE 1--Subject matter for the National Gas Rules


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