Western Australian Current Acts

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NATIONAL GAS ACCESS (WA) ACT 2009 - SECT 11

11 .         Regulations may deal with transitional matters

        (1)         Without limiting the generality of section 10, the regulations may deal with matters of a transitional nature relating to the transition from the application of provisions of the Gas Pipelines Access Law to the application of provisions of the National Gas Access (Western Australia) Law.

        (2)         Any provision of the regulations that deals with a matter of a transitional nature under subsection (1) may be expressed to take effect from a time that is earlier than the beginning of the day on which the regulations containing the provision are made, not being a time earlier than the commencement of this section.

        (3)         If a provision of the regulations is expressed to take effect from a time that is earlier than the beginning of the day on which the regulations containing the provision are published in the Government Gazette , the provision must also provide that the provision does not operate so as —

            (a)         to prejudicially affect the rights of a person (other than the rights of a Minister of a participating jurisdiction or an entity involved in the administration of the Gas Pipelines Access Law or the National Gas Access (Western Australia) Law) existing before the day of publication of those regulations; or

            (b)         to impose liabilities on any person (other than liabilities imposed on a Minister of a participating jurisdiction or an entity involved in the administration of the Gas Pipelines Access Law or the National Gas Access (Western Australia) Law) in respect of anything done or omitted to be done before the day of publication of those regulations.

        (4)         In this section —

        Gas Pipelines Access Law has the meaning that the term had under section 3(1) of the Gas Pipelines Access (Western Australia) Act 1998 before the commencement of this section;

        matters of a transitional nature includes matters of an application or savings nature;

        National Gas Access (Western Australia) Law means the provisions applying from time to time because of section 7, and it includes Rules made and in force under those provisions from time to time.



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