{"id":"qld:act-2008-027","name":"National Gas (Queensland) Act 2008","slug":"national-gas-queensland-act-2008","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"27 of 2008","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30085,"registerId":"qld-act-2008-027-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the National Gas (Queensland) Act 2008 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act, other than part 6 , commences on a day to be fixed by proclamation.\nPart 6 commences when the Offshore Petroleum Act 2006 (Cwlth) , section 7 commences.\n(sec.2-ssec.1) This Act, other than part 6 , commences on a day to be fixed by proclamation.\n(sec.2-ssec.2) Part 6 commences when the Offshore Petroleum Act 2006 (Cwlth) , section 7 commences.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Interpretation","content":"### sec.3 Interpretation\n\nIn this Act—\nNational Gas (Queensland) Law means the provisions applying because of section 7 .\nNational Gas (Queensland) Regulations means the provisions applying because of section 8 .\nSouth Australian Act means the National Gas (South Australia) Act 2008 (SA) .\nWords and expressions used in the National Gas (Queensland) Law and in this Act have the same respective meanings in this Act as they have in that Law.\nThis section does not apply to the extent that the context or subject matter otherwise indicates or requires.\n(sec.3-ssec.1) In this Act— National Gas (Queensland) Law means the provisions applying because of section 7 . National Gas (Queensland) Regulations means the provisions applying because of section 8 . South Australian Act means the National Gas (South Australia) Act 2008 (SA) .\n(sec.3-ssec.2) Words and expressions used in the National Gas (Queensland) Law and in this Act have the same respective meanings in this Act as they have in that Law.\n(sec.3-ssec.3) This section does not apply to the extent that the context or subject matter otherwise indicates or requires.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Act binds the State","content":"### sec.4 Act binds the State\n\nThis Act, the National Gas (Queensland) Law and the National Gas (Queensland) Regulations bind the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Application to coastal waters","content":"### sec.5 Application to coastal waters\n\nThis Act, the National Gas (Queensland) Law and the National Gas (Queensland) Regulations apply in the coastal waters of this State as if the coastal waters were within the limits of the State.\nIn this section—\nadjacent area in respect of the State means the adjacent area of this jurisdiction under the National Gas (Queensland) Law (as defined by section 9 (1) of this Act).\ncoastal waters , in relation to this State, means any sea that is on the landward side of the adjacent area in respect of the State but is not within the limits of the State.\n(sec.5-ssec.1) This Act, the National Gas (Queensland) Law and the National Gas (Queensland) Regulations apply in the coastal waters of this State as if the coastal waters were within the limits of the State.\n(sec.5-ssec.2) In this section— adjacent area in respect of the State means the adjacent area of this jurisdiction under the National Gas (Queensland) Law (as defined by section 9 (1) of this Act). coastal waters , in relation to this State, means any sea that is on the landward side of the adjacent area in respect of the State but is not within the limits of the State.","sortOrder":5},{"sectionNumber":"sec.6","sectionType":"section","heading":"Extra-territorial operation","content":"### sec.6 Extra-territorial operation\n\nIt is the intention of the Parliament that this Act, the National Gas (Queensland) Law and the National Gas (Queensland) Regulations should, so far as possible, operate to the full extent of the extra-territorial legislative power of the State.","sortOrder":6},{"sectionNumber":"pt.2","sectionType":"part","heading":"National Gas (Queensland) Law and National Gas (Queensland) Regulations","content":"# National Gas (Queensland) Law and National Gas (Queensland) Regulations","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Application in Queensland of National Gas Law","content":"### sec.7 Application in Queensland of National Gas Law\n\nThe National Gas Law set out in the Schedule to the South Australian Act, as in force for the time being (the National Gas Law )—\napplies as a law of Queensland, with the modifications stated in section 7A or prescribed by regulation under section 16 ; and\nas so applying may be referred to as the National Gas (Queensland) Law .\nThe National Gas Law, chapter 2 , part 6 , division 2A as set out in the schedule to the South Australian Act applies to, and in relation to, the State.\nAttached to this Act is a copy of the Bill for the South Australian Act.\nThe attachment is not part of this Act.\nIn any reprint of this Act, the attachment must be revised so that it is a copy of the South Australian Act most recently published under the Legislation Revision and Publication Act 2002 (SA) .\nSubsections (2) to (4) do not affect the operation of subsection (1) or of section 8 .\ns 7 amd 2011 No. 16 s 8 ; 2014 No. 49 s 38\n(sec.7-ssec.1) The National Gas Law set out in the Schedule to the South Australian Act, as in force for the time being (the National Gas Law )— applies as a law of Queensland, with the modifications stated in section 7A or prescribed by regulation under section 16 ; and as so applying may be referred to as the National Gas (Queensland) Law .\n(sec.7-ssec.1A) The National Gas Law, chapter 2 , part 6 , division 2A as set out in the schedule to the South Australian Act applies to, and in relation to, the State.\n(sec.7-ssec.2) Attached to this Act is a copy of the Bill for the South Australian Act.\n(sec.7-ssec.3) The attachment is not part of this Act.\n(sec.7-ssec.4) In any reprint of this Act, the attachment must be revised so that it is a copy of the South Australian Act most recently published under the Legislation Revision and Publication Act 2002 (SA) .\n(sec.7-ssec.5) Subsections (2) to (4) do not affect the operation of subsection (1) or of section 8 .\n- (a) applies as a law of Queensland, with the modifications stated in section 7A or prescribed by regulation under section 16 ; and\n- (b) as so applying may be referred to as the National Gas (Queensland) Law .","sortOrder":8},{"sectionNumber":"sec.7A","sectionType":"section","heading":"Application of National Energy Retail Law amendments","content":"### sec.7A Application of National Energy Retail Law amendments\n\nThe amendments made to the National Gas Law by the Statutes Amendment (National Energy Retail Law) Act 2011 (SA) start to apply in Queensland when the National Energy Retail Law (Queensland) , part 2 , commences.\nIn this section—\nNational Gas Law means the National Gas Law set out in the Schedule to the South Australian Act.\ns 7A ins 2014 No. 49 s 39\n(sec.7A-ssec.1) The amendments made to the National Gas Law by the Statutes Amendment (National Energy Retail Law) Act 2011 (SA) start to apply in Queensland when the National Energy Retail Law (Queensland) , part 2 , commences.\n(sec.7A-ssec.2) In this section— National Gas Law means the National Gas Law set out in the Schedule to the South Australian Act.","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Application in Queensland of regulations under National Gas Law","content":"### sec.8 Application in Queensland of regulations under National Gas Law\n\nThe regulations in force for the time being under part 3 of the South Australian Act—\napply as regulations in force for the purposes of the National Gas (Queensland) Law ; and\nas so applying may be referred to as the National Gas (Queensland) Regulations .\n- (a) apply as regulations in force for the purposes of the National Gas (Queensland) Law ; and\n- (b) as so applying may be referred to as the National Gas (Queensland) Regulations .","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Interpretation of expressions in National Gas (Queensland) Law and National Gas (Queensland) Regulations","content":"### sec.9 Interpretation of expressions in National Gas (Queensland) Law and National Gas (Queensland) Regulations\n\nIn the National Gas (Queensland) Law and the National Gas (Queensland) Regulations —\nadjacent area of another participating jurisdiction means the offshore area of a State (other than this State) or the Northern Territory within the meaning given in the Offshore Petroleum Act 2006 (Cwlth) , section 7 .\ns 9 def adjacent area of another participating jurisdiction sub 2008 No. 27 s 22\nadjacent area of this jurisdiction means the offshore area of the State within the meaning of the Offshore Petroleum Act 2006 (Cwlth) , section 7 .\ns 9 def adjacent area of this jurisdiction sub 2008 No. 27 s 22\nCourt means the Supreme Court of Queensland.\ndesignated Minister means the Commonwealth Minister.\nLegislature of this jurisdiction means the Parliament of Queensland.\nNational Gas Law or this Law means the National Gas (Queensland) Law .\nthis jurisdiction means the State of Queensland.\nThe Acts Interpretation Act 1915 (SA) and other Acts of South Australia do not apply to—\nthe National Gas Law set out in the Schedule to the South Australian Act in its application as a law of Queensland; or\nthe regulations in force for the time being under Part 3 of the South Australian Act in their application as regulations in force for the purposes of the National Gas (Queensland) Law .\n(sec.9-ssec.1) In the National Gas (Queensland) Law and the National Gas (Queensland) Regulations — adjacent area of another participating jurisdiction means the offshore area of a State (other than this State) or the Northern Territory within the meaning given in the Offshore Petroleum Act 2006 (Cwlth) , section 7 . s 9 def adjacent area of another participating jurisdiction sub 2008 No. 27 s 22 adjacent area of this jurisdiction means the offshore area of the State within the meaning of the Offshore Petroleum Act 2006 (Cwlth) , section 7 . s 9 def adjacent area of this jurisdiction sub 2008 No. 27 s 22 Court means the Supreme Court of Queensland. designated Minister means the Commonwealth Minister. Legislature of this jurisdiction means the Parliament of Queensland. National Gas Law or this Law means the National Gas (Queensland) Law . this jurisdiction means the State of Queensland.\n(sec.9-ssec.2) The Acts Interpretation Act 1915 (SA) and other Acts of South Australia do not apply to— the National Gas Law set out in the Schedule to the South Australian Act in its application as a law of Queensland; or the regulations in force for the time being under Part 3 of the South Australian Act in their application as regulations in force for the purposes of the National Gas (Queensland) Law .\n- (a) the National Gas Law set out in the Schedule to the South Australian Act in its application as a law of Queensland; or\n- (b) the regulations in force for the time being under Part 3 of the South Australian Act in their application as regulations in force for the purposes of the National Gas (Queensland) Law .","sortOrder":11},{"sectionNumber":"pt.3","sectionType":"part","heading":"Cross vesting of powers","content":"# Cross vesting of powers","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Conferral of powers on Commonwealth Minister and Commonwealth bodies to act in this State","content":"### sec.10 Conferral of powers on Commonwealth Minister and Commonwealth bodies to act in this State\n\nThe Commonwealth Minister and the Commonwealth bodies have power to do acts in or in relation to this State in the performance or exercise of a function or power expressed to be conferred on them respectively by the national gas legislation of another participating jurisdiction.\nIn this section—\nCommonwealth bodies means any of the following—\nAER;\nNCC;\nthe Tribunal.\n(sec.10-ssec.1) The Commonwealth Minister and the Commonwealth bodies have power to do acts in or in relation to this State in the performance or exercise of a function or power expressed to be conferred on them respectively by the national gas legislation of another participating jurisdiction.\n(sec.10-ssec.2) In this section— Commonwealth bodies means any of the following— AER; NCC; the Tribunal.\n- (a) AER;\n- (b) NCC;\n- (c) the Tribunal.","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Conferral of powers on Ministers of participating States and Territories to act in this State","content":"### sec.11 Conferral of powers on Ministers of participating States and Territories to act in this State\n\nThe Minister of a participating jurisdiction has power to do acts in or in relation to this State in the performance or exercise of a function or power expressed to be conferred on the Minister by the national gas legislation of another participating jurisdiction.","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"Conferral of functions or powers on State Minister","content":"### sec.12 Conferral of functions or powers on State Minister\n\nIf the national gas legislation of another participating jurisdiction confers a function or power on the Minister, the Minister—\nmay perform that function or exercise that power; and\nmay do all things necessary or convenient to be done in connection with the performance or exercise of that function or power.\n- (a) may perform that function or exercise that power; and\n- (b) may do all things necessary or convenient to be done in connection with the performance or exercise of that function or power.","sortOrder":15},{"sectionNumber":"pt.4","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":"Exemption from taxes","content":"### sec.13 Exemption from taxes\n\nAny tax, other than a duty under the Duties Act 2001 , imposed by or under a law of this State is not payable in relation to—\nan exempt matter; or\nanything done (including, for example, a transaction entered into or an instrument or document made, executed, lodged or given) because of, or arising out of, an exempt matter.\nIn this section—\nexempt matter means a transfer of assets or liabilities that is made for the purpose of ensuring that a person does not carry on a business of producing, purchasing or selling natural gas or processable gas in breach of any ring fencing requirements of the national gas legislation or for the purpose of the separation of certain businesses or business activities from other businesses or business activities of a person as required by an AER ring fencing determination.\n(sec.13-ssec.1) Any tax, other than a duty under the Duties Act 2001 , imposed by or under a law of this State is not payable in relation to— an exempt matter; or anything done (including, for example, a transaction entered into or an instrument or document made, executed, lodged or given) because of, or arising out of, an exempt matter.\n(sec.13-ssec.2) In this section— exempt matter means a transfer of assets or liabilities that is made for the purpose of ensuring that a person does not carry on a business of producing, purchasing or selling natural gas or processable gas in breach of any ring fencing requirements of the national gas legislation or for the purpose of the separation of certain businesses or business activities from other businesses or business activities of a person as required by an AER ring fencing determination.\n- (a) an exempt matter; or\n- (b) anything done (including, for example, a transaction entered into or an instrument or document made, executed, lodged or given) because of, or arising out of, an exempt matter.","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"Actions in relation to cross boundary pipelines","content":"### sec.14 Actions in relation to cross boundary pipelines\n\nIf a pipeline is a cross boundary pipeline, any action taken under the national gas legislation of a participating jurisdiction in whose jurisdictional area a part of the pipeline is situated—\nby, or in relation to, a relevant Minister; or\nby the Court within the meaning of that legislation in relation to action taken by, or in relation to, a relevant Minister;\nis taken also to be taken under the national gas legislation of each participating jurisdiction in whose jurisdictional area a part of the pipeline is situated ( that other legislation )—\nby, or in relation to, a relevant Minister within the meaning of that other legislation; or\nby the Court within the meaning of that other legislation;\nas the case requires.\nDespite subsection (1) , no proceeding for judicial review or for a declaration, injunction, writ, order or remedy may be brought before the Court to challenge or question any action, or purported action, of a relevant Minister taken, or purportedly taken, in relation to a cross boundary distribution pipeline unless this jurisdiction has been determined to be the participating jurisdiction with which the cross boundary distribution pipeline is most closely connected.\nA reference in this section—\nto an action that is taken includes a reference to—\na decision or determination that is made; or\nan omission that is made; and\nto a purported action that is purportedly taken includes a reference to a purported decision or determination that is purportedly made.\nIn this section—\ncross boundary pipeline means—\na cross boundary transmission pipeline; or\na cross boundary distribution pipeline.\n(sec.14-ssec.1) If a pipeline is a cross boundary pipeline, any action taken under the national gas legislation of a participating jurisdiction in whose jurisdictional area a part of the pipeline is situated— by, or in relation to, a relevant Minister; or by the Court within the meaning of that legislation in relation to action taken by, or in relation to, a relevant Minister; is taken also to be taken under the national gas legislation of each participating jurisdiction in whose jurisdictional area a part of the pipeline is situated ( that other legislation )— by, or in relation to, a relevant Minister within the meaning of that other legislation; or by the Court within the meaning of that other legislation; as the case requires.\n(sec.14-ssec.2) Despite subsection (1) , no proceeding for judicial review or for a declaration, injunction, writ, order or remedy may be brought before the Court to challenge or question any action, or purported action, of a relevant Minister taken, or purportedly taken, in relation to a cross boundary distribution pipeline unless this jurisdiction has been determined to be the participating jurisdiction with which the cross boundary distribution pipeline is most closely connected.\n(sec.14-ssec.3) A reference in this section— to an action that is taken includes a reference to— a decision or determination that is made; or an omission that is made; and to a purported action that is purportedly taken includes a reference to a purported decision or determination that is purportedly made.\n(sec.14-ssec.4) In this section— cross boundary pipeline means— a cross boundary transmission pipeline; or a cross boundary distribution pipeline.\n- (a) by, or in relation to, a relevant Minister; or\n- (b) by the Court within the meaning of that legislation in relation to action taken by, or in relation to, a relevant Minister;\n- (c) by, or in relation to, a relevant Minister within the meaning of that other legislation; or\n- (d) by the Court within the meaning of that other legislation;\n- (a) to an action that is taken includes a reference to— (i) a decision or determination that is made; or (ii) an omission that is made; and\n- (i) a decision or determination that is made; or\n- (ii) an omission that is made; and\n- (b) to a purported action that is purportedly taken includes a reference to a purported decision or determination that is purportedly made.\n- (i) a decision or determination that is made; or\n- (ii) an omission that is made; and\n- (a) a cross boundary transmission pipeline; or\n- (b) a cross boundary distribution pipeline.","sortOrder":18},{"sectionNumber":"sec.15","sectionType":"section","heading":"Conferral of functions and powers on Commonwealth bodies","content":"### sec.15 Conferral of functions and powers on Commonwealth bodies\n\nClause 2 of schedule 2 to the National Gas (Queensland) Law has effect in relation to the operation of any provision of this Act, or any regulation forming part of the National Gas (Queensland) Regulations , as if the provision or regulation formed part of the National Gas (Queensland) Law .\nSubsection (1) does not limit the effect that a provision or regulation would validly have apart from the subsection.\n(sec.15-ssec.1) Clause 2 of schedule 2 to the National Gas (Queensland) Law has effect in relation to the operation of any provision of this Act, or any regulation forming part of the National Gas (Queensland) Regulations , as if the provision or regulation formed part of the National Gas (Queensland) Law .\n(sec.15-ssec.2) Subsection (1) does not limit the effect that a provision or regulation would validly have apart from the subsection.","sortOrder":19},{"sectionNumber":"sec.15A","sectionType":"section","heading":"Carpentaria Gas Pipeline","content":"### sec.15A Carpentaria Gas Pipeline\n\nThe arrangements stated in this section apply for the pipeline which—\nis the subject of pipeline licence 41; and\nis known as the Carpentaria Gas Pipeline; and\nstarts at Ballera and ends at Mt Isa.\nFrom the commencement, the pipeline is taken to be a covered pipeline and a transmission pipeline.\nFor the period starting on the commencement and ending on 30 April 2023, the services provided by the pipeline—\nare taken to be the subject of a light regulation determination; and\ncan not be made the subject of a full access arrangement.\nIn this section—\ncommencement means the commencement of this section.\ns 15A ins 2011 No. 16 s 9\n(sec.15A-ssec.1) The arrangements stated in this section apply for the pipeline which— is the subject of pipeline licence 41; and is known as the Carpentaria Gas Pipeline; and starts at Ballera and ends at Mt Isa.\n(sec.15A-ssec.2) From the commencement, the pipeline is taken to be a covered pipeline and a transmission pipeline.\n(sec.15A-ssec.3) For the period starting on the commencement and ending on 30 April 2023, the services provided by the pipeline— are taken to be the subject of a light regulation determination; and can not be made the subject of a full access arrangement.\n(sec.15A-ssec.4) In this section— commencement means the commencement of this section.\n- (a) is the subject of pipeline licence 41; and\n- (b) is known as the Carpentaria Gas Pipeline; and\n- (c) starts at Ballera and ends at Mt Isa.\n- (a) are taken to be the subject of a light regulation determination; and\n- (b) can not be made the subject of a full access arrangement.","sortOrder":20},{"sectionNumber":"sec.16","sectionType":"section","heading":"Regulation-making power for the National Gas (Queensland) Law","content":"### sec.16 Regulation-making power for the National Gas (Queensland) Law\n\nThe Governor in Council may make such regulations as are contemplated by the National Gas (Queensland) Law as being made under this Act as the application Act of this jurisdiction.\nIn addition, the Governor in Council may, by regulation, modify the National Gas Rules, to the extent they apply as part of the law of Queensland, to provide for a transitional arrangement for the provision of connection services by distributors.\nWithout limiting subsection (2) , the transitional arrangement may, despite the commencement of Part 12A of the National Gas Rules, allow the connection services to be provided, for a stated period of not more than 1 year, under a model standing offer that has not been approved by the AER.\nIn subsections (2) and (3) , the terms connection services, distributor and model standing offer have the same meaning as they have under Part 12A of the National Gas Rules.\ns 16 ins 2014 No. 49 s 40\n(sec.16-ssec.1) The Governor in Council may make such regulations as are contemplated by the National Gas (Queensland) Law as being made under this Act as the application Act of this jurisdiction.\n(sec.16-ssec.2) In addition, the Governor in Council may, by regulation, modify the National Gas Rules, to the extent they apply as part of the law of Queensland, to provide for a transitional arrangement for the provision of connection services by distributors.\n(sec.16-ssec.3) Without limiting subsection (2) , the transitional arrangement may, despite the commencement of Part 12A of the National Gas Rules, allow the connection services to be provided, for a stated period of not more than 1 year, under a model standing offer that has not been approved by the AER.\n(sec.16-ssec.4) In subsections (2) and (3) , the terms connection services, distributor and model standing offer have the same meaning as they have under Part 12A of the National Gas Rules.","sortOrder":21},{"sectionNumber":"sec.16A","sectionType":"section","heading":"Validation of instruments and decisions made by AER","content":"### sec.16A Validation of instruments and decisions made by AER\n\nThis section applies to an instrument or a decision made by the AER if—\nthe instrument or decision was made—\nat or after the time the amendments of the National Gas Law by the Statutes Amendment (National Energy Retail Law) Act 2011 (SA) were enacted; but\nbefore the time (the application time) the amendments started to apply under this Act as a law of Queensland; and\nhad the amendments started so to apply, the making of the instrument or decision would have been authorised by 1 of the following laws (the authorising law)—\nthe National Gas (Queensland) Law ;\nthe National Gas (Queensland) Regulations;\nthis Act;\na regulation under this Act; and\nif the making of the instrument or decision would be so authorised subject to the satisfaction of any conditions or other requirements (for example, consultation or publication requirements)—the AER has done anything that would, if the amendments had started so to apply, be required under the authorising law for the instrument or decision to be so authorised.\nFor the purposes of the authorising law—\nthe instrument or decision is taken to be valid; and\nthe instrument or decision has effect from the application time—\nas varied, and unless revoked, by any other instrument or decision to which this section applies; and\nsubject to that law as so applying.\nFor this section—\nguidelines are an example of an instrument; and\nthe following are examples of decisions—\nappointments;\ndeterminations;\napprovals.\nIn this section—\nNational Gas Law means the National Gas Law set out in the Schedule to the South Australian Act.\ns 16A ins 2014 No. 49 s 40\n(sec.16A-ssec.1) This section applies to an instrument or a decision made by the AER if— the instrument or decision was made— at or after the time the amendments of the National Gas Law by the Statutes Amendment (National Energy Retail Law) Act 2011 (SA) were enacted; but before the time (the application time) the amendments started to apply under this Act as a law of Queensland; and had the amendments started so to apply, the making of the instrument or decision would have been authorised by 1 of the following laws (the authorising law)— the National Gas (Queensland) Law ; the National Gas (Queensland) Regulations; this Act; a regulation under this Act; and if the making of the instrument or decision would be so authorised subject to the satisfaction of any conditions or other requirements (for example, consultation or publication requirements)—the AER has done anything that would, if the amendments had started so to apply, be required under the authorising law for the instrument or decision to be so authorised.\n(sec.16A-ssec.2) For the purposes of the authorising law— the instrument or decision is taken to be valid; and the instrument or decision has effect from the application time— as varied, and unless revoked, by any other instrument or decision to which this section applies; and subject to that law as so applying.\n(sec.16A-ssec.3) For this section— guidelines are an example of an instrument; and the following are examples of decisions— appointments; determinations; approvals.\n(sec.16A-ssec.4) In this section— National Gas Law means the National Gas Law set out in the Schedule to the South Australian Act.\n- (a) the instrument or decision was made— (i) at or after the time the amendments of the National Gas Law by the Statutes Amendment (National Energy Retail Law) Act 2011 (SA) were enacted; but (ii) before the time (the application time) the amendments started to apply under this Act as a law of Queensland; and\n- (i) at or after the time the amendments of the National Gas Law by the Statutes Amendment (National Energy Retail Law) Act 2011 (SA) were enacted; but\n- (ii) before the time (the application time) the amendments started to apply under this Act as a law of Queensland; and\n- (b) had the amendments started so to apply, the making of the instrument or decision would have been authorised by 1 of the following laws (the authorising law)— (i) the National Gas (Queensland) Law ; (ii) the National Gas (Queensland) Regulations; (iii) this Act; (iv) a regulation under this Act; and\n- (i) the National Gas (Queensland) Law ;\n- (ii) the National Gas (Queensland) Regulations;\n- (iii) this Act;\n- (iv) a regulation under this Act; and\n- (c) if the making of the instrument or decision would be so authorised subject to the satisfaction of any conditions or other requirements (for example, consultation or publication requirements)—the AER has done anything that would, if the amendments had started so to apply, be required under the authorising law for the instrument or decision to be so authorised.\n- (i) at or after the time the amendments of the National Gas Law by the Statutes Amendment (National Energy Retail Law) Act 2011 (SA) were enacted; but\n- (ii) before the time (the application time) the amendments started to apply under this Act as a law of Queensland; and\n- (i) the National Gas (Queensland) Law ;\n- (ii) the National Gas (Queensland) Regulations;\n- (iii) this Act;\n- (iv) a regulation under this Act; and\n- (a) the instrument or decision is taken to be valid; and\n- (b) the instrument or decision has effect from the application time— (i) as varied, and unless revoked, by any other instrument or decision to which this section applies; and (ii) subject to that law as so applying.\n- (i) as varied, and unless revoked, by any other instrument or decision to which this section applies; and\n- (ii) subject to that law as so applying.\n- (i) as varied, and unless revoked, by any other instrument or decision to which this section applies; and\n- (ii) subject to that law as so applying.\n- (a) guidelines are an example of an instrument; and\n- (b) the following are examples of decisions— (i) appointments; (ii) determinations; (iii) approvals.\n- (i) appointments;\n- (ii) determinations;\n- (iii) approvals.\n- (i) appointments;\n- (ii) determinations;\n- (iii) approvals.","sortOrder":22},{"sectionNumber":"sec.16B","sectionType":"section","heading":"Authorisation of preparatory steps by AER","content":"### sec.16B Authorisation of preparatory steps by AER\n\nThis section applies if—\nthe AER is required to do something (a preparatory step) before making a decision or making an instrument under 1 of the following (the authorising law)—\nthe National Gas (Queensland) Law ;\nthe National Gas (Queensland) Regulations;\nthis Act;\na regulation under this Act; and\nthe preparatory step would have been required under the authorising law if the amendments of the National Gas Law by the Statutes Amendment (National Energy Retail Law) Act 2011 (SA) had started to apply under this Act as a law of Queensland; and\nthe AER takes the preparatory step—\nat or after the time the amendments were enacted; but\nbefore the time the amendments started to apply under this Act as a law of Queensland.\nFor the purposes of the authorising law, the AER is taken to have complied with the requirement to take the preparatory step.\nIn this section—\nNational Gas Law means the National Gas Law set out in the Schedule to the South Australian Act.\ns 16B ins 2014 No. 49 s 40\n(sec.16B-ssec.1) This section applies if— the AER is required to do something (a preparatory step) before making a decision or making an instrument under 1 of the following (the authorising law)— the National Gas (Queensland) Law ; the National Gas (Queensland) Regulations; this Act; a regulation under this Act; and the preparatory step would have been required under the authorising law if the amendments of the National Gas Law by the Statutes Amendment (National Energy Retail Law) Act 2011 (SA) had started to apply under this Act as a law of Queensland; and the AER takes the preparatory step— at or after the time the amendments were enacted; but before the time the amendments started to apply under this Act as a law of Queensland.\n(sec.16B-ssec.2) For the purposes of the authorising law, the AER is taken to have complied with the requirement to take the preparatory step.\n(sec.16B-ssec.3) In this section— National Gas Law means the National Gas Law set out in the Schedule to the South Australian Act.\n- (a) the AER is required to do something (a preparatory step) before making a decision or making an instrument under 1 of the following (the authorising law)— (i) the National Gas (Queensland) Law ; (ii) the National Gas (Queensland) Regulations; (iii) this Act; (iv) a regulation under this Act; and\n- (i) the National Gas (Queensland) Law ;\n- (ii) the National Gas (Queensland) Regulations;\n- (iii) this Act;\n- (iv) a regulation under this Act; and\n- (b) the preparatory step would have been required under the authorising law if the amendments of the National Gas Law by the Statutes Amendment (National Energy Retail Law) Act 2011 (SA) had started to apply under this Act as a law of Queensland; and\n- (c) the AER takes the preparatory step— (i) at or after the time the amendments were enacted; but (ii) before the time the amendments started to apply under this Act as a law of Queensland.\n- (i) at or after the time the amendments were enacted; but\n- (ii) before the time the amendments started to apply under this Act as a law of Queensland.\n- (i) the National Gas (Queensland) Law ;\n- (ii) the National Gas (Queensland) Regulations;\n- (iii) this Act;\n- (iv) a regulation under this Act; and\n- (i) at or after the time the amendments were enacted; but\n- (ii) before the time the amendments started to apply under this Act as a law of Queensland.","sortOrder":23},{"sectionNumber":"pt.5","sectionType":"part","heading":"Repeal and transitional provisions","content":"# Repeal and transitional provisions","sortOrder":24},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Repeal of Gas Pipelines Access (Queensland) Act 1998","content":"## Repeal of Gas Pipelines Access (Queensland) Act 1998","sortOrder":25},{"sectionNumber":"sec.17","sectionType":"section","heading":"Repeal","content":"### sec.17 Repeal\n\nThe Gas Pipelines Access (Queensland) Act 1998 , No. 28 is repealed.","sortOrder":26},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Transitional provisions","content":"## Transitional provisions","sortOrder":27},{"sectionNumber":"sec.18","sectionType":"section","heading":"Transitional regulation-making power for particular pipelines","content":"### sec.18 Transitional regulation-making power for particular pipelines\n\nA regulation (a transitional regulation ) may make provision of a saving or transitional nature for which it is necessary to make provision to allow or facilitate the change from the operation of the repealed Act to the operation of this Act in relation to a transition pipeline.\nWithout limiting subsection (1), a transitional regulation may for example provide for any of the following—\nwhether, and to what extent, an approved tariff arrangement for a transition pipeline may be taken to continue to apply to the pipeline;\nwhether, and to what extent, a transition pipeline is taken to be a covered pipeline or a pipeline that is not a covered pipeline;\nwhether an application may be made for a coverage determination in relation to a transition pipeline that, under the transitional regulation, is taken not to be a covered pipeline;\nwhether a transition pipeline that, under the transitional regulation, is taken to be a covered pipeline, is taken to be a distribution pipeline or a transmission pipeline;\nwhether the services provided by means of a transition pipeline are taken to be the subject of a light regulation determination;\nthe terms of any limited access arrangement that is taken to apply in relation to services that are taken to be the subject of a light regulation determination;\nwhether services that are taken to be the subject of a light regulation determination can be made the subject of a full access arrangement.\nA transitional regulation may be made to have effect in relation to a transition pipeline only for the period during which the approved tariff arrangement for the pipeline would, other than for the repeal of the repealed Act, have been in force.\nA transitional regulation may have retrospective operation to a day not earlier than the commencement.\nA transitional regulation must declare it is a transitional regulation.\nA transitional regulation expires 3 years after the day the regulation commences.\nThe Acts Interpretation Act 1954 , section 20A, as applied by the Statutory Instruments Act 1992 , section 14, applies in relation to the expiry.\nIn this section—\napproved tariff arrangement , for a transition pipeline, means the tariff arrangement approved for the pipeline, under the repealed Gas Pipelines Access (Queensland) Act 1998 , section 58 (2) .\ncommencement means the commencement of this section.\nrepealed Act means the repealed Gas Pipelines Access (Queensland) Act 1998 , and includes the repealed Gas Pipelines Access (Queensland) Law and the repealed Gas Pipelines Access (Queensland) Regulations.\nthis Act includes the National Gas (Queensland) Law and the National Gas (Queensland) Regulations .\ntransition pipeline means a pipeline described in the following table—\nPipeline licence number\nCommon name of pipeline\nWhere pipeline starts and ends\n24\nSouth West Queensland Pipeline\nBallera to Wallumbilla\n30\nQueensland Gas Pipeline\nWallumbilla to Rockhampton\n41\nCarpentaria Gas Pipeline\nBallera to Mt Isa\n(sec.18-ssec.1) A regulation (a transitional regulation ) may make provision of a saving or transitional nature for which it is necessary to make provision to allow or facilitate the change from the operation of the repealed Act to the operation of this Act in relation to a transition pipeline.\n(sec.18-ssec.2) Without limiting subsection (1), a transitional regulation may for example provide for any of the following— whether, and to what extent, an approved tariff arrangement for a transition pipeline may be taken to continue to apply to the pipeline; whether, and to what extent, a transition pipeline is taken to be a covered pipeline or a pipeline that is not a covered pipeline; whether an application may be made for a coverage determination in relation to a transition pipeline that, under the transitional regulation, is taken not to be a covered pipeline; whether a transition pipeline that, under the transitional regulation, is taken to be a covered pipeline, is taken to be a distribution pipeline or a transmission pipeline; whether the services provided by means of a transition pipeline are taken to be the subject of a light regulation determination; the terms of any limited access arrangement that is taken to apply in relation to services that are taken to be the subject of a light regulation determination; whether services that are taken to be the subject of a light regulation determination can be made the subject of a full access arrangement.\n(sec.18-ssec.3) A transitional regulation may be made to have effect in relation to a transition pipeline only for the period during which the approved tariff arrangement for the pipeline would, other than for the repeal of the repealed Act, have been in force.\n(sec.18-ssec.4) A transitional regulation may have retrospective operation to a day not earlier than the commencement.\n(sec.18-ssec.5) A transitional regulation must declare it is a transitional regulation.\n(sec.18-ssec.6) A transitional regulation expires 3 years after the day the regulation commences.\n(sec.18-ssec.7) The Acts Interpretation Act 1954 , section 20A, as applied by the Statutory Instruments Act 1992 , section 14, applies in relation to the expiry.\n(sec.18-ssec.8) In this section— approved tariff arrangement , for a transition pipeline, means the tariff arrangement approved for the pipeline, under the repealed Gas Pipelines Access (Queensland) Act 1998 , section 58 (2) . commencement means the commencement of this section. repealed Act means the repealed Gas Pipelines Access (Queensland) Act 1998 , and includes the repealed Gas Pipelines Access (Queensland) Law and the repealed Gas Pipelines Access (Queensland) Regulations. this Act includes the National Gas (Queensland) Law and the National Gas (Queensland) Regulations . transition pipeline means a pipeline described in the following table— Pipeline licence number Common name of pipeline Where pipeline starts and ends 24 South West Queensland Pipeline Ballera to Wallumbilla 30 Queensland Gas Pipeline Wallumbilla to Rockhampton 41 Carpentaria Gas Pipeline Ballera to Mt Isa\n- (a) whether, and to what extent, an approved tariff arrangement for a transition pipeline may be taken to continue to apply to the pipeline;\n- (b) whether, and to what extent, a transition pipeline is taken to be a covered pipeline or a pipeline that is not a covered pipeline;\n- (c) whether an application may be made for a coverage determination in relation to a transition pipeline that, under the transitional regulation, is taken not to be a covered pipeline;\n- (d) whether a transition pipeline that, under the transitional regulation, is taken to be a covered pipeline, is taken to be a distribution pipeline or a transmission pipeline;\n- (e) whether the services provided by means of a transition pipeline are taken to be the subject of a light regulation determination;\n- (f) the terms of any limited access arrangement that is taken to apply in relation to services that are taken to be the subject of a light regulation determination;\n- (g) whether services that are taken to be the subject of a light regulation determination can be made the subject of a full access arrangement.","sortOrder":28},{"sectionNumber":"sec.19","sectionType":"section","heading":"References to Gas Pipelines Access (Queensland) Law","content":"### sec.19 References to Gas Pipelines Access (Queensland) Law\n\nIf a law or a document refers to the Gas Pipelines Access (Queensland) Law, if the context permits, the reference is taken to be a reference to the National Gas (Queensland) Law .","sortOrder":29},{"sectionNumber":"sec.20","sectionType":"section","heading":"References to Gas Pipelines Access (Queensland) Regulations","content":"### sec.20 References to Gas Pipelines Access (Queensland) Regulations\n\nIf a law or a document refers to the Gas Pipelines Access (Queensland) Regulations, if the context permits, the reference is taken to be a reference to the National Gas (Queensland) Regulations .","sortOrder":30}],"analysis":{"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's scope expanded beyond its original intent over time. It was amended in 2011 and 2014 to incorporate the National Energy Retail Law framework (sections 7A, 16A, 16B), which added retail energy market regulation on top of the original pipeline access focus. A specific provision for the Carpentaria Gas Pipeline (s 15A) was also inserted, giving that pipeline bespoke regulatory treatment not contemplated in the original structure. The regulation-making power was also expanded to allow transitional arrangements for connection services by distributors."},"complexity_factors":["Incorporates an entire separate piece of legislation (South Australian National Gas Law) by reference, meaning the full legal content isn't visible in this Act alone","Dynamic incorporation — South Australia's law applies 'as in force for the time being', meaning Queensland's law automatically changes whenever South Australia amends its law","Multi-jurisdictional framework involving Commonwealth, state, and territory bodies with overlapping powers","Cross-boundary pipeline provisions require understanding of multiple jurisdictions' laws simultaneously","Staged commencement provisions with different parts commencing at different times and conditional on other legislation","Transitional provisions requiring understanding of a now-repealed predecessor Act (Gas Pipelines Access (Queensland) Act 1998)","Validation provisions (ss 16A, 16B) dealing with retrospective legal effect of AER decisions made before certain amendments applied — a technically intricate area","Specialised energy regulatory terminology (ring fencing, covered pipeline, light regulation determination, access arrangement) requiring sector-specific knowledge"],"plain_english_summary":"## What This Law Does\n\nThe **National Gas (Queensland) Act 2008** is Queensland's way of joining a national cooperative system for regulating natural gas pipelines and infrastructure. Rather than writing its own gas laws from scratch, Queensland has adopted the laws written by South Australia (the **National Gas Law**) and made them apply in Queensland too.\n\n## Who Is Affected?\n\n- **Gas pipeline operators** (companies that own and run gas pipelines across Queensland)\n- **Energy businesses** that produce, buy, or sell natural gas\n- **Energy regulators** — particularly the Australian Energy Regulator (AER), which is the federal body that oversees energy markets\n- **Consumers** indirectly — through regulated access to gas pipelines, which affects gas prices and availability\n\n## Key Things It Does\n\n1. **Adopts South Australia's gas law for Queensland** — Instead of separate state rules, Queensland plugs into a single national framework. This means if South Australia updates its gas law, those updates automatically apply in Queensland too.\n\n2. **Covers Queensland's coastal waters** — The law extends to waters just off Queensland's coast, not just dry land.\n\n3. **Allows federal and interstate regulators to operate here** — Bodies like the AER (Australian Energy Regulator) and the NCC (National Competition Council, which assesses whether pipelines should be regulated) can exercise their powers in Queensland.\n\n4. **Tax exemption for certain restructures** — If a gas company has to separate (\"ring fence\") its pipeline business from its gas trading business because the national rules require it, that restructure is exempt from most Queensland state taxes.\n\n5. **Handles pipelines that cross state borders** — Special rules apply when a gas pipeline crosses state lines, so there's no jurisdictional confusion about who regulates it.\n\n6. **Specific rules for the Carpentaria Gas Pipeline** (Ballera to Mt Isa) — This pipeline was given a special \"light regulation\" status, meaning it faced lighter regulatory oversight rather than full access arrangement requirements.\n\n7. **Replaced the old law** — It repealed the previous Gas Pipelines Access (Queensland) Act 1998 and set up transition arrangements for existing pipelines operating under the old system.\n\n## Why It Matters\n\nWithout this kind of cooperative national framework, gas pipeline regulation would be fragmented across states, making it harder and more expensive to move gas around Australia. A unified national system helps ensure fair access to gas pipelines — meaning competing companies can use the same pipeline infrastructure on reasonable terms — which ultimately supports competition and stable energy supply for households and businesses."},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as an application Act. While it has been amended several times (notably in 2011 and 2014 to accommodate the National Energy Retail Law and to add validation provisions), these amendments remain within the original purpose of adopting and administering the National Gas Law in Queensland. The additions (sections 15A, 16, 16A, 16B) are extensions of the core function rather than scope creep into unrelated areas."},"complexity_factors":["Legislation by reference: The Act doesn't contain the substantive gas law itself — it imports the entire National Gas Law from South Australia (a separate Act with its own Schedule), meaning users must cross-reference two jurisdictions' legislation","Nested definitions: Multiple layers of defined terms including 'National Gas (Queensland) Law', 'National Gas (Queensland) Regulations', 'this jurisdiction', 'adjacent area', and references to Commonwealth legislation (Offshore Petroleum Act 2006)","Temporal complexity: Multiple commencement triggers — Part 6 commences only when a specific Commonwealth Act section commences, and section 7A has its own conditional commencement tied to the National Energy Retail Law","Cross-vesting arrangements: Complex provisions allowing ministers and bodies from other jurisdictions to exercise powers in Queensland (sections 10-12, 14)","Retrospective and validating provisions: Sections 16A and 16B create complex conditional validation of instruments and preparatory steps based on hypothetical scenarios ('had the amendments started so to apply')","Sunset provisions: Section 18 includes self-expiring regulations (3-year limit) with specific retrospective operation limits","Interaction with subordinate legislation: Heavy reliance on regulations to modify the imported law (section 16) and handle transitional arrangements"],"plain_english_summary":"This legislation is Queensland's 'adoption' of the National Gas Law — a set of rules that originally started in South Australia but which Queensland (and other states) have agreed to apply in their own jurisdictions to create a single, consistent national gas market.\n\n**What it does:**\n- **Imports the South Australian law:** The Act takes the National Gas Law (which is set out in a Schedule to South Australia's National Gas (South Australia) Act 2008) and applies it as if it were Queensland law, with some modifications.\n- **Sets up the regulatory framework:** It establishes how gas pipelines are regulated in Queensland, including rules about who can access pipelines, how much they pay, and how disputes are resolved.\n- **Creates cross-border cooperation:** It allows Commonwealth ministers and national bodies (like the Australian Energy Regulator, or AER) to exercise powers in Queensland, and lets Queensland ministers act in other states.\n- **Handles specific pipelines:** It includes special transitional rules for three major Queensland pipelines (South West Queensland Pipeline, Queensland Gas Pipeline, and Carpentaria Gas Pipeline) to smooth the transition from the old regulatory system to the new one.\n- **Validates past decisions:** It fixes up any legal hiccups by validating decisions made by the AER during the period when law changes were enacted but not yet in force in Queensland.\n\n**Who it affects:**\n- Gas pipeline owners and operators\n- Gas producers, wholesalers and retailers\n- Large industrial gas users\n- The Australian Energy Regulator (AER) and other national energy bodies\n- Anyone who needs to transport gas through pipelines in Queensland\n\n**Why it matters:**\nBefore this system, each state had its own gas rules, making it hard for companies to operate across borders. This 'mirror legislation' approach means Queensland uses the same rules as other participating states, creating a national gas market while keeping the ability to make Queensland-specific tweaks via regulations."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The original Act simply adopted the National Gas Law and repealed the old Act. Subsequent amendments expanded its scope significantly: adding specific provisions for the Carpentaria Gas Pipeline (light regulation determination), validation of AER decisions made before the law applied, and a regulation-making power to modify National Gas Rules for connection services. These additions go beyond the initial adoption and introduce new substantive rules and transitional arrangements."},"complexity_factors":["Incorporates by reference the entire National Gas Law from South Australia, which is itself a large and complex piece of legislation.","Includes multiple cross-references to external acts (e.g., Offshore Petroleum Act 2006, South Australian Act).","Conditional commencement for Part 6 dependent on another Commonwealth Act.","Complex transitional provisions with retrospective effect for specific pipelines.","Definitions that vary based on context and are tied to other jurisdictions' laws.","Cross-vesting of powers between state and Commonwealth bodies, adding jurisdictional complexity.","Multiple amendments over time (e.g., 2011, 2014) adding sections that interact with each other."],"plain_english_summary":"This Act is the Queensland law that adopts the national gas regulatory framework (called the National Gas Law) as part of Queensland law. It means the rules for natural gas pipelines, access to pipeline services, and gas market regulation set out in the South Australian National Gas Act also apply in Queensland, with some Queensland-specific modifications.\n\n**Who it affects:** Gas pipeline owners and operators, gas producers, retailers, and consumers in Queensland, as well as the Australian Energy Regulator (AER) and other national gas bodies.\n\n**What it does:**\n- Adopts the National Gas Law (from South Australia) as Queensland law, so there is a consistent national framework.\n- Gives the Commonwealth Minister and national bodies like the AER and the Australian Competition Tribunal powers to act in Queensland.\n- Allows Queensland's Governor to make regulations on gas matters, including transitional arrangements.\n- Sets rules for pipelines that cross state borders.\n- Exempts certain asset transfers (to comply with ring-fencing rules) from state taxes, except stamp duty.\n- Validates decisions and steps taken by the AER before the amendments formally started.\n- Repeals the old Gas Pipelines Access (Queensland) Act 1998 and provides transitional rules for existing pipelines like the Carpentaria Gas Pipeline, South West Queensland Pipeline, and Queensland Gas Pipeline.\n\n**Why it matters:** It ensures Queensland is part of the national gas regulatory system, which aims to promote competition and efficient investment in gas infrastructure, while also managing the transition from the previous state-based regime."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"sec.3 (Interpretation)","severity":"medium","reasoning":"Section 3 defines the National Gas (Queensland) Law by reference to section 7's application mechanism, and section 7 completes the circle by labelling what applies as the National Gas (Queensland) Law. While this is a common legislative drafting technique for applied laws, the definition in section 3 provides no independent content and is entirely parasitic on section 7, which itself does not stand alone without the South Australian Act's schedule. A reader cannot determine the content of the defined term from within the Act itself.","confidence":0.72,"description":"Circular definition: The Act defines 'National Gas (Queensland) Law' as 'the provisions applying because of section 7', while section 7 itself defines those provisions as the National Gas Law 'as so applying may be referred to as the National Gas (Queensland) Law'. Each provision points to the other for its substantive content."},{"type":"other","section":"sec.7 (Application in Queensland of National Gas Law)","severity":"low","reasoning":"Section 7(2) attaches the Bill, section 7(3) says the attachment is not part of the Act, and section 7(4) requires reprints to replace it with the enacted South Australian Act. This is internally consistent as a matter of form but creates an absurdity: the operative law (s.7(1)) applies the South Australian Act as in force from time to time, making the attachment (whether Bill or Act) legally superfluous. The attachment serves no operative legal function yet Parliament mandated its ongoing maintenance.","confidence":0.65,"description":"The Act purports to attach a copy of the 'Bill' for the South Australian Act (not the Act itself), and then requires any reprint to substitute the most recently published version of the South Australian Act. This means the attachment starts as a Bill and is silently metamorphosed into an Act in reprints, creating a permanent discrepancy between original and reprinted versions that is built into the statute by design."},{"type":"self_contradicting","section":"sec.9 (Interpretation) and sec.3 (Interpretation)","severity":"medium","reasoning":"Section 3(2) imports meanings from the National Gas (Queensland) Law into this Act, but section 9(1) defines terms specifically for use in the National Gas (Queensland) Law and Regulations (not for this Act). A term like 'National Gas Law' is defined in section 9(1) as meaning the National Gas (Queensland) Law, while the same term in the South Australian Act means something different. The layered interpretation provisions create a situation where the same term could carry different meanings depending on which interpretation provision is invoked, and the hierarchy between them is not established.","confidence":0.6,"description":"Section 3(2) directs that words and expressions in the National Gas (Queensland) Law have the same meaning in this Act as in that Law, but section 3(3) immediately qualifies this by saying section 3 does not apply where 'the context or subject matter otherwise indicates or requires'. Section 9 then separately defines several of the same terms for use within the National Gas (Queensland) Law and Regulations. The interaction between these two interpretation regimes is undefined, creating potential for conflicting meanings of the same term within the same legislative instrument."},{"type":"self_contradicting","section":"sec.15A (Carpentaria Gas Pipeline) and sec.18 (Transitional regulation-making power)","severity":"high","reasoning":"Section 15A(2) declares the Carpentaria Gas Pipeline (licence 41) 'is taken to be a covered pipeline and a transmission pipeline' from commencement. Section 15A(3) fixes it under light regulation until 30 April 2023, explicitly prohibiting a full access arrangement during that period. Section 18(2)(b)-(e) gives the Governor in Council power to determine by transitional regulation whether the same pipeline (listed in the section 18 table as licence 41) is a covered or uncovered pipeline, and whether it is distribution or transmission. A subordinate instrument (transitional regulation) cannot override primary legislation (s.15A), but the Act does not resolve this conflict or state which provision prevails. The conflict is not merely theoretical — section 15A was inserted in 2011 after the original 2008 Act, yet section 18 was not amended to remove licence 41 from the transition pipeline table.","confidence":0.85,"description":"Section 15A hardcodes specific regulatory arrangements for the Carpentaria Gas Pipeline (pipeline licence 41) directly into the primary Act, while section 18 simultaneously includes the same pipeline in the list of 'transition pipelines' subject to flexible transitional regulation-making. This creates a situation where the Governor in Council's transitional regulation-making power under section 18 could purport to alter arrangements that section 15A has fixed by primary legislation."},{"type":"retroactive_impossibility","section":"sec.16A (Validation of instruments and decisions made by AER)","severity":"medium","reasoning":"Section 16A(1)(c) conditions validation on the AER having satisfied consultation or publication requirements that existed under a law not yet in force in Queensland. The AER, acting before the application time, would have had no legal obligation to comply with Queensland-specific procedural requirements under a law that had not commenced here. While the provision is designed to cure the gap retrospectively, the condition in s.16A(1)(c) could paradoxically deny validation precisely in cases where the AER reasonably did not follow procedures it had no legal reason to follow. Section 16B partially addresses this by deeming preparatory steps compliant, but the interaction between 16A and 16B creates an incomplete cure.","confidence":0.7,"description":"Section 16A validates instruments and decisions made by the AER before amendments 'started to apply' in Queensland, but makes validity contingent on the AER having done 'anything that would... be required under the authorising law'. This requires the AER to have complied with requirements of a law that did not yet apply in Queensland — an impossible compliance standard that the AER could not have known it needed to satisfy at the time."},{"type":"other","section":"sec.2 (Commencement)","severity":"medium","reasoning":"Section 2(1) brings most of the Act into force by proclamation. Section 9(1) defines 'adjacent area' terms by reference to the Offshore Petroleum Act 2006 (Cwlth), s.7. Section 2(2) ties Part 6's commencement to that same Commonwealth provision's commencement. This means that between the proclamation commencement and the Part 6 commencement, sections like section 5 (coastal waters) — which rely on the 'adjacent area' definition in section 9 — would be operative but defined by reference to a Commonwealth provision whose commencement triggers Part 6. The Act uses the Commonwealth provision as both a definition source and a commencement trigger, creating potential circularity in the operative period.","confidence":0.55,"description":"Part 6 commences when the Offshore Petroleum Act 2006 (Cwlth), section 7 commences, but section 9 of this Act defines 'adjacent area of this jurisdiction' and 'adjacent area of another participating jurisdiction' by reference to that same provision (Offshore Petroleum Act 2006 (Cwlth), section 7). If section 7 of the Commonwealth Act has not yet commenced, the definitions in section 9 of this Act reference a non-operative provision, yet section 9 forms part of the main body of this Act which commences by proclamation — independently of Part 6."}],"contradictions":[{"severity":"high","section_a":"sec.15A(2)-(3)","section_b":"sec.18(2)(b)-(e) and the transition pipeline table in sec.18(8)","confidence":0.88,"description":"Section 15A mandatorily declares the Carpentaria Gas Pipeline (licence 41) to be a covered transmission pipeline subject to light regulation until 30 April 2023 with no full access arrangement possible. Section 18 simultaneously lists licence 41 as a 'transition pipeline' and empowers the Governor in Council to make regulations determining covered/uncovered status, distribution/transmission classification, and light regulation status for that same pipeline. A subordinate transitional regulation cannot override a primary legislative determination, but the Act provides no resolution mechanism."},{"severity":"medium","section_a":"sec.7(1) (National Gas Law applies 'as in force for the time being')","section_b":"sec.7A(1) (NERL amendments 'start to apply in Queensland when' National Energy Retail Law (Queensland) Part 2 commences)","confidence":0.75,"description":"Section 7(1) adopts the South Australian Act's National Gas Law as a 'speaking' reference — it applies as amended from time to time in South Australia. Section 7A creates a specific carve-out delaying NERL amendments until a Queensland commencement event. This creates a contradiction: the NERL amendments are formally part of the South Australian Act (and therefore imported by s.7(1)'s ambulatory reference) but are simultaneously said not to apply until a separate Queensland trigger. The mechanism by which s.7A overrides s.7(1)'s ambulatory operation is not stated."},{"severity":"medium","section_a":"sec.4 (Act binds the State and, to the extent legislative power permits, the Commonwealth)","section_b":"sec.10 (Conferral of powers on Commonwealth Minister and Commonwealth bodies)","confidence":0.65,"description":"Section 4 purports to bind the Commonwealth to the Act to the extent the State's legislative power permits, which under constitutional principles is severely limited. Section 10 then purports to confer powers on the Commonwealth Minister and Commonwealth bodies (AER, NCC, Tribunal) in relation to Queensland. However, a State Act cannot confer new powers on Commonwealth officers or bodies; it can only consent to Commonwealth bodies exercising powers within the State. The framing of section 10 as a 'conferral' is legally contradictory with the constitutional limitations acknowledged in section 4."},{"severity":"low","section_a":"sec.16(3) (transitional arrangement may allow model standing offers not approved by AER)","section_b":"sec.16(4) (terms in subsections (2) and (3) have the same meaning as under Part 12A of the National Gas Rules)","confidence":0.5,"description":"Section 16(3) allows regulations to permit connection services to be provided under a 'model standing offer that has not been approved by the AER', while section 16(4) says 'model standing offer' has the same meaning as under Part 12A of the National Gas Rules. If Part 12A's definition of 'model standing offer' inherently presupposes or requires AER approval as part of the definitional concept, then an unapproved model standing offer may not qualify as a 'model standing offer' within the meaning imported by section 16(4), creating a self-defeating provision."}]}},"importantCases":[],"_links":{"self":"/api/acts/national-gas-queensland-act-2008","history":"/api/acts/national-gas-queensland-act-2008/history","analysis":"/api/acts/national-gas-queensland-act-2008/analysis","conflicts":"/api/acts/national-gas-queensland-act-2008/conflicts","importantCases":"/api/acts/national-gas-queensland-act-2008/important-cases","documents":"/api/acts/national-gas-queensland-act-2008/documents"}}