(1) The national
provisions do not affect the continuance or operation of an exempt contract.
(2) Despite the repeal
of the Gas Pipelines Access (Western Australia) Act 1998 section 96, that
section continues to apply to a contract other than an exempt contract as if
the references in section 96(1) and (2)(b) to “the Code” were
references to the relevant national provisions.
(3) In this section
—
exempt contract —
(a)
means a contract in respect of which a declaration under the Gas Corporation
Act 1994 Schedule 5 clause 6 was in force immediately before the coming into
operation of the Dampier to Bunbury Pipeline Act 1997 Schedule 4 clause
17(4); and
(b)
includes a contract entered into —
(i)
in substitution for a contract referred to in paragraph
(a) or any provision of such a contract; or
(ii)
by way of amendment of a contract referred to in
paragraph (a) or subparagraph (i);
national provisions means the National Gas Access
(Western Australia) Law, the Rules made under that Law, and the National Gas
Access (Western Australia) Regulations;
relevant national provisions means any of the
national provisions having the same purpose as a provision of the Gas Code, as
defined in the National Gas Access (Western Australia) Law section 2.