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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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