{"id":"qld:act-2008-ngql","name":"National Gas (Queensland) Law","slug":"national-gas-queensland-law","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"ngql of 2008","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30152,"registerId":"qld-act-2008-ngql-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.1-pt.1","sectionType":"part","heading":"Citation and interpretation","content":"# Citation and interpretation","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis law may be cited as the National Gas (Queensland) Law .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Definitions","content":"### sec.2 Definitions\n\nIn this Law—\n15-year no-coverage determination ...\ns 2 def 15-year no-coverage determination om 2022 No. 21 (SA) s 12 (1)\nACCC means the Australian Competition and Consumer Commission established by section 6A of the Competition and Consumer Act 2010 of the Commonwealth;\naccess arrangement means an arrangement setting out terms and conditions about access to pipeline services provided or to be provided by means of a scheme pipeline;\ns 2 def access arrangement amd 2022 No. 21 (SA) s 12 (2)\naccess determination means a determination of the relevant adjudicator for an access dispute under Chapter 5 Part 5 and includes a determination varied under Part 6 of that Chapter;\ns 2 def access determination amd 2022 No. 21 (SA) s 12 (3)\naccess dispute means a dispute between a user or prospective user and a service provider about 1 or more aspects of access to a pipeline service provided by means of a pipeline and includes a matter that is deemed to be an access dispute under the Rules;\ns 2 def access dispute ins 2022 No. 21 (SA) s 12 (4)\nadoptive jurisdiction means a participating jurisdiction for which AEMO is authorised to exercise its declared system functions or STTM functions;\ns 2 def adoptive jurisdiction ins 2009 No. 30 (SA) s 6 (2)\namd 2011 No. 7 (SA) s 4 (1)\nAEMC means the Australian Energy Market Commission established by section 5 of the Australian Energy Market Commission Establishment Act 2004 of South Australia;\nAEMO amendments means—\nthe amendments to this Law made by the National Gas (South Australia) (National Gas Law—Australian Energy Market Operator) Amendment Act 2009 ; and\nthe amendments to the Rules made by the National Gas (South Australia) (National Gas Rules—Australian Energy Market Operator) Amendment Rules 2009 ; and\nthe Procedures first made under this Law after the enactment of the amendments referred to in paragraph (a) ;\ns 2 def AEMO amendments ins 2009 No. 30 (SA) s 6 (2)\nAER means the Australian Energy Regulator established by section 44AE of the Competition and Consumer Act 2010 of the Commonwealth;\nAER Compliance Procedures and Guidelines has the meaning given by section 64F ;\ns 2 def AER Compliance Procedures and Guidelines ins 2022 No. 21 (SA) s 12 (5)\nAER economic regulatory decision means a decision (however described) of the AER under this Law or the Rules performing or exercising an AER economic regulatory function or power;\nAER economic regulatory function or power means a function or power performed or exercised by the AER under this Law or the Rules (other than making a rate of return instrument) that relates to the economic regulation of pipeline services provided by a service provider—\nby means of; or\nin connection with,\na pipeline and includes a function or power performed or exercised by the AER under this Law or the Rules (other than making a rate of return instrument) that relates to—\nthe preparation of a service provider performance report;\na ring fencing decision;\nan applicable access arrangement decision;\nan access determination (if the AER is the dispute resolution body);\nThe application of a rate of return instrument under this Law is an AER economic regulatory function or power. See section 30Q (2) .\ns 2 def AER economic regulatory function or power amd 2018 No. 33 (SA) s 13 (1) ; 2022 No. 21 (SA) s 12 (6)\nAER gas price reporting functions means the functions of the AER performed under section 27 (1) (fa) ;\ns 2 def AER gas price reporting functions ins 2022 No. 3 (SA) s 4 (1)\nAER ring fencing determination means a determination of the AER under section 143 (1) ;\nAER trial waiver functions means the functions conferred on the AER under Chapter 2 Part 1 Division 1B ;\ns 2 def AER trial waiver functions ins 2022 No. 22 (SA) s 32 (1)\nAER wholesale market monitoring functions —the AER wholesale market monitoring functions are set out in section 30AC (1) ;\ns 2 def AER wholesale market monitoring functions ins 2024 No. 12 (SA) s 13 (1)\nAER wholesale market reporting functions —the AER wholesale market reporting functions are set out in section 30AC (2) ;\ns 2 def AER wholesale market reporting functions ins 2024 No. 12 (SA) s 13 (1)\nannual turnover has the same meaning as in section 2 (1) of Schedule 2 to the Competition and Consumer Act 2010 of the Commonwealth;\ns 2 def annual turnover ins 2020 No. 37 (SA) s 47 (1)\napplicable access arrangement means an access arrangement that has taken effect after being approved or made by the AER under the Rules and includes an applicable access arrangement as varied—\nunder the Rules; or\nby an access determination as provided by this Law or the Rules;\ns 2 def applicable access arrangement amd 2022 No. 21 (SA) s 12 (7)\napplicable access arrangement decision means a decision of the AER under the Rules that—\napproves or does not approve an access arrangement or revisions to an applicable access arrangement submitted to the AER under section 113 or the Rules; or\nmakes an access arrangement—\nin place of an access arrangement the AER does not approve in that decision; or\nbecause a scheme pipeline service provider does not submit an access arrangement in accordance with section 113 or the Rules; or\nmakes revisions to an access arrangement—\nin place of revisions submitted to the AER under section 113 that the AER does not approve in that decision; or\nbecause a scheme pipeline service provider does not submit revisions to the AER under section 113 ;\ns 2 def applicable access arrangement decision sub 2022 No. 21 (SA) s 12 (8)\napplication Act means an Act of a participating jurisdiction that applies, as a law of that jurisdiction, this Law or any part of this Law;\ns 2 def application Act ins 2009 No. 30 (SA) s 6 (2)\napproved associate contract means an associate contract approved by the AER under an associate contract decision;\nassociate in relation to a person has the same meaning it would have under Division 2 of Part 1.2 of the Corporations Act 2001 of the Commonwealth if sections 13 , 16 (2) and 17 did not form part of that Act;\nassociate contract means—\na contract, arrangement or understanding between a service provider and an associate of the service provider in connection with the provision of an associate pipeline service; or\na contract, arrangement or understanding between a service provider and any person in connection with the provision of an associate pipeline service—\nthat provides a direct or indirect benefit to an associate; and\nthat is not at arm’s length;\nassociate contract decision means a decision of the AER under the Rules that approves or does not approve an associate contract for the purposes of Chapter 4 Part 2 Division 4 ;\ns 2 def associate contract decision amd 2022 No. 21 (SA) s 12 (9)\nassociate pipeline service means a pipeline service provided by means of a pipeline other than a pipeline to which a greenfields incentive determination applies;\ns 2 def associate pipeline service amd 2022 No. 21 (SA) s 12 (10)\nAustralian Energy Market Operator or AEMO means Australian Energy Market Operator Limited (ACN 072 010 327);\ns 2 def Australian Energy Market Operator or AEMO ins 2009 No. 30 (SA) s 6 (2)\nbilateral trading agreement , for Chapter 2 Part 1 Division 1AA —see section 30AA ;\ns 2 def bilateral trading agreement ins 2024 No. 12 (SA) s 13 (2)\nBB Procedures means Procedures directed at regulating the Gas Bulletin Board;\ns 2 def BB Procedures ins 2009 No. 30 (SA) s 6 (2)\namd 2023 No. 36 (SA) s 6 (1)\nbiogas means a gas derived or recovered from organic matter other than fossilised organic matter;\ns 2 def biogas ins 2023 No. 36 (SA) s 6 (2)\nbiomethane means a substance—\nthat is in a gaseous state at standard temperature and pressure; and\nthe principal constituent of which is methane; and\nthat is produced by refining biogas; and\nthat is suitable for consumption;\ns 2 def biomethane ins 2023 No. 36 (SA) s 6 (2)\nblend processing facility means a facility for 1, or more, of the following:\nthe blending of 1 or more primary gases, with or without other substances, for injection into a pipeline;\nthe separation of a gas blend withdrawn from a pipeline into constituent gases before re-injection into a pipeline as—\na primary gas; or\na gas blend;\ns 2 def blend processing facility ins 2023 No. 36 (SA) s 6 (2)\nblend processing service means a service provided by means of a blend processing facility;\ns 2 def blend processing service ins 2023 No. 36 (SA) s 6 (2)\nblend processing service provider means a person who owns, operates or controls a blend processing facility;\ns 2 def blend processing service provider ins 2023 No. 36 (SA) s 6 (2)\nBulletin Board information means information that—\na person gives to AEMO or the AER to comply with Chapter 7 (or any Rules under that Chapter); or\na person gives to AEMO in its capacity as operator of the Gas Bulletin Board in circumstances expressly permitted by the Rules;\ns 2 def Bulletin Board information sub 2009 No. 30 (SA) s 6 (1) – (2)\namd 2018 No. 23 (SA) s 4 (1) ; 2022 No. 3 (SA) s 4 (2) ; 2023 No. 36 (SA) s 6 (3)\nBulletin Board operator ...\ns 2 def Bulletin Board operator om 2009 No. 30 (SA) s 6 (1)\ncapacity auction means an auction conducted by AEMO through which a person may buy transportation capacity;\ns 2 def capacity auction ins 2018 No. 23 (SA) s 4 (2)\ncapacity auction agreement means an agreement that relates to participation in a capacity auction and to which AEMO and persons participating in the capacity auction are parties;\ns 2 def capacity auction agreement ins 2018 No. 23 (SA) s 4 (2)\ncapacity auction functions of AEMO are set out in section 91BRM (1) ;\ns 2 def capacity auction functions ins 2018 No. 23 (SA) s 4 (2)\ncapacity auction information means information that––\na person gives to AEMO, to comply with section 91FEE (1) ; or\na person gives, in circumstances expressly required or permitted by the Procedures or Rules—\nto AEMO in its capacity as operator of a capacity auction in which the person participates; or\nto AEMO in its capacity as operator of a regulated gas market or a gas trading exchange if that information is to be used for the purpose of a capacity auction in which the person participates;\ns 2 def capacity auction information ins 2018 No. 23 (SA) s 4 (2)\ncapacity auction participant means a person (other than AEMO) who is, or who was at the relevant time, a party to a capacity auction agreement;\ns 2 def capacity auction participant ins 2018 No. 23 (SA) s 4 (2)\nCapacity Transfer and Auction Procedures means Procedures directed at the operation and administration of capacity auctions and transaction support arrangements;\ns 2 def Capacity Transfer and Auction Procedures ins 2018 No. 23 (SA) s 4 (2)\nchangeover date means—\na date fixed by or under legislation of a participating jurisdiction for AEMO’s assumption of responsibility for the operation of a gas market in the relevant jurisdiction under this Law and the Rules; or\na date fixed by Ministerial Gazette notice as the changeover date;\nThe changeover date may vary from gas market to gas market, from provision to provision and from jurisdiction to jurisdiction. In addition, AEMO’s assumption of statutory functions in a particular participating jurisdiction may occur in stages on different changeover dates.\ns 2 def changeover date ins 2009 No. 30 (SA) s 6 (2)\ncharge , in relation to a pipeline service, means the amount that is payable by a user to a service provider for the provision of the pipeline service to that user;\ncivil monetary liability means a liability for damages, compensation or any other monetary amount that can be recovered by way of civil proceedings but does not include a liability for a civil penalty or an infringement penalty under this Law or a liability for the costs of a proceeding;\ns 2 def civil monetary liability ins 2009 No. 30 (SA) s 6 (2)\ncivil penalty —see section 3A ;\ns 2 def civil penalty sub 2020 No. 37 (SA) s 47 (2)\ncivil penalty provision has the meaning given by section 3 ;\nclassification decision means a decision of the AER under Chapter 3 Part 6 Division 1 ;\ns 2 def classification decision ins 2022 No. 21 (SA) s 12 (11)\nclassification decision under the Rules ...\ns 2 def classification decision under the Rules om 2022 No. 21 (SA) s 12 (11)\ncommission , in relation to a pipeline, has the meaning given by section 12 ;\nCommonwealth Minister means the Minister of the Commonwealth administering the Australian Energy Market Act 2004 of the Commonwealth;\ncompression service facility means—\na designated compression service facility; or\nany other facility or part of a facility (whether or not forming part of another facility or located on or connected to another facility) for compressing covered gas other than—\na facility operated as part of a gathering system operated as part of an upstream producing operation for processable gas; or\nanything downstream of a point on a pipeline from which a person takes covered gas for consumption purposes;\ns 2 def compression service facility ins 2018 No. 23 (SA) s 4 (2)\namd 2023 No. 36 (SA) s 6 (4) – (5)\ncompression service provider means a person who owns, controls or operates a compression service facility;\ns 2 def compression service provider ins 2022 No. 3 (SA) s 4 (3)\nconduct provision has the meaning given by section 4 ;\nconstituent components , in relation to a designated regulatory decision, means the matters that constitute the elements or components of the designated regulatory decision and on which that designated regulatory decision is based and includes—\nmatters that go to the making of the designated regulatory decision; and\ndecisions made by the AER for the purposes of the designated regulatory decision;\ns 2 def constituent components ins 2013 No. 79 (SA) s 19 (1)\namd 2021 No. 3 (SA) s 33 (1)\ncoverage determination ...\ns 2 def coverage determination om 2022 No. 21 (SA) s 12 (12)\ncoverage recommendation ...\ns 2 def coverage recommendation om 2022 No. 21 (SA) s 12 (12)\ncoverage revocation determination ...\ns 2 def coverage revocation determination om 2022 No. 21 (SA) s 12 (12)\ncoverage revocation recommendation ...\ns 2 def coverage revocation recommendation om 2022 No. 21 (SA) s 12 (12)\ncovered gas means the following:\na primary gas;\na gas blend;\ns 2 def covered gas ins 2023 No. 36 (SA) s 6 (6)\ncovered gas industry includes—\nactivities and transactions relating to the following:\nprocessable gas;\nbiogas;\ncovered gas, including liquefied natural gas, and covered gas services;\ncovered gas industry facilities;\nservices provided by means of covered gas industry facilities; and\nactivities and transactions relating to petroleum tenements; and\nany other activity or transaction, or type of activity or transaction, specified by the Regulations for the purpose of this definition;\ns 2 def covered gas industry ins 2023 No. 36 (SA) s 6 (6)\ncovered gas industry facility means the following:\na blend processing facility;\na compression service facility;\na gas processing plant;\nan LNG facility;\na pipeline;\na storage facility;\na user facility;\nanother facility of a type specified by the Regulations for the purpose of this definition;\ns 2 def covered gas industry facility ins 2023 No. 36 (SA) s 6 (6)\ncovered gas service means the following:\na pipeline service;\nthe supply of covered gas;\na service ancillary to the service described in paragraph (b) ;\ns 2 def covered gas service ins 2023 No. 36 (SA) s 6 (6)\ncovered pipeline ...\ns 2 def covered pipeline om 2022 No. 21 (SA) s 12 (12)\ncovered pipeline service provider ...\ns 2 def covered pipeline service provider om 2022 No. 21 (SA) s 12 (12)\ncross boundary distribution pipeline ...\ns 2 def cross boundary distribution pipeline om 2022 No. 21 (SA) s 12 (12)\ncross boundary transmission pipeline ...\ns 2 def cross boundary transmission pipeline om 2022 No. 21 (SA) s 12 (12)\ndeclared distribution system of an adoptive jurisdiction has the meaning given by the application Act of that jurisdiction;\ns 2 def declared distribution system ins 2009 No. 30 (SA) s 6 (2)\ndeclared LNG storage provider of an adoptive jurisdiction has the meaning given by the application Act of that jurisdiction;\ns 2 def declared LNG storage provider ins 2009 No. 30 (SA) s 6 (2)\ndeclared system functions —AEMO’s declared system functions are as set out in section 91BA (1) ;\ns 2 def declared system functions ins 2009 No. 30 (SA) s 6 (2)\ndeclared system provisions means—\nChapter 2 Part 6 Division 2 ; and\nthe Rules regulating the declared wholesale gas market of an adoptive jurisdiction or otherwise relevant to Chapter 2 Part 6 Division 2 ;\ns 2 def declared system provisions ins 2009 No. 30 (SA) s 6 (2)\ndeclared transmission system of an adoptive jurisdiction has the meaning given by the application Act of that jurisdiction;\ns 2 def declared transmission system ins 2009 No. 30 (SA) s 6 (2)\ndeclared wholesale gas market means the wholesale market for covered gas defined in the application Act of an adoptive jurisdiction;\ns 2 def declared wholesale gas market ins 2009 No. 30 (SA) s 6 (2)\namd 2023 No. 36 (SA) s 6 (7)\ndesignated compression service facility means a facility or part of a facility for compressing covered gas prescribed by the Regulations as a designated compression service facility;\ns 2 def designated compression service facility ins 2018 No. 23 (SA) s 4 (2)\namd 2023 No. 36 (SA) s 6 (8)\ndesignated pipeline means a pipeline classified by the Regulations, or designated in the application Act of a participating jurisdiction, as a designated pipeline and includes an extension to, or expansion of the capacity of, the pipeline that is taken to be part of the pipeline under section 18 ;\nA designated pipeline is a scheme pipeline. See the definition of scheme pipeline .\ns 2 def designated pipeline sub 2009 No. 30 (SA) s 6 (1) – (2) ; 2022 No. 21 (SA) s 12 (13)\ndesignated regulatory decision means an applicable access arrangement decision (other than a decision that does not approve an access arrangement), or a decision prescribed by the Regulations to be a designated regulatory decision;\ns 2 def designated regulatory decision ins 2013 No. 79 (SA) s 19 (2)\namd 2021 No. 3 (SA) s 33 (2) – (3) ; 2022 No. 21 (SA) s 12 (14)\ndevelopable capacity means the difference between the current capacity of a pipeline and the capacity of a pipeline which would be available if a new facility was constructed, but does not include any new capacity of a pipeline resulting from an extension to the geographic range of a pipeline;\ns 2 def developable capacity amd 2022 No. 21 (SA) s 12 (15)\ndisposal ...\ns 2 def disposal ins 2018 No. 23 (SA) s 4 (2)\nom 2022 No. 3 (SA) s 4 (4)\ndispute resolution body means the AER;\nIn Western Australia, under the National Gas Access (WA) Act 2009 of Western Australia, section 9 , the dispute resolution body generally is the entity known as the Western Australian Energy Disputes Arbitrator.\nDispute resolution panel means a person or panel of persons appointed under the Rules to hear and determine a rule dispute;\ns 2 def Dispute resolution panel ins 2009 No. 30 (SA) s 6 (2)\ndistribution pipeline means a pipeline that—\nis classified as a distribution pipeline under a licence or authorisation granted in relation to the pipeline under jurisdictional gas legislation; or\nif the licence or authorisation mentioned in paragraph (a) does not include a classification of the pipeline—is classified by the AER as a distribution pipeline,\nand includes a pipeline that is reclassified by the AER as a distribution pipeline;\nSee Chapter 3 Part 6 in relation to the classification and reclassification of pipelines. See also sections 18 and 19 .\ns 2 def distribution pipeline sub 2022 No. 21 (SA) s 12 (16)\ndistributor means, except where elsewhere defined in this Law, a service provider who owns, operates or controls a scheme pipeline that is a distribution pipeline;\ns 2 def distributor ins 2011 No. 7 (SA) s 50 (1)\namd 2022 No. 21 (SA) s 12 (17)\ndraft Rule determination means a determination of the AEMC under section 308 ;\neast coast gas system means the following, located wholly or partly within an east coast jurisdiction:\na covered gas industry facility;\na regulated gas market;\na gas trading exchange for which AEMO has established a gas trading exchange agreement;\na system, market or other thing specified by the Rules;\ns 2 def east coast gas system ins 2023 No. 7 (SA) s 4 (1)\namd 2023 No. 36 (SA) s 6 (9)\neast coast gas system direction , for Part 6 Division 1A —see section 91AF (1) ;\ns 2 def east coast gas system direction ins 2023 No. 7 (SA) s 4 (1)\nEast Coast Gas System Procedures , for Part 6 Division 1A —see section 91AD (1) (h) ;\ns 2 def East Coast Gas System Procedures ins 2023 No. 7 (SA) s 4 (1)\neast coast gas system reliability and supply adequacy functions of AEMO are set out in section 91AD ;\ns 2 def east coast gas system reliability and supply adequacy functions ins 2023 No. 7 (SA) s 4 (1)\neast coast jurisdiction means a participating jurisdiction other than Western Australia;\ns 2 def east coast jurisdiction ins 2023 No. 7 (SA) s 4 (1)\nECA amendments means the amendments to this Law made by the Statutes Amendment (Energy Consumers Australia) Act 2014 of South Australia;\ns 2 def ECA amendments ins 2014 No. 21 (SA) s 26 (1)\neffective competition , for Chapter 2 Part 1 Division 1AA —see section 30AB ;\ns 2 def effective competition ins 2024 No. 12 (SA) s 13 (3)\nend user means a person who acquires covered gas for consumption purposes, and includes a retail customer;\ns 2 def end user sub 2011 No. 7 (SA) s 50 (2)\namd 2023 No. 36 (SA) s 6 (10)\nEnergy Consumers Australia or ECA means the company incorporated, or to be incorporated, by the name Energy Consumers Australia Limited;\ns 2 def Energy Consumers Australia or ECA ins 2014 No. 21 (SA) s 26 (2)\nenergy ombudsman has the same meaning as in the National Energy Retail Law;\ns 2 def energy ombudsman ins 2011 No. 7 (SA) s 50 (1)\nEnergy Security Board means the Energy Security Board referred to in section 2 (1) of the NEL;\ns 2 def Energy Security Board ins 2018 No. 12 (SA) s 21 (2)\nERA means the Economic Regulation Authority established by section 4 of the Economic Regulation Authority Act 2003 of Western Australia;\nexcluded infrastructure , in relation to a pipeline, means tanks, reservoirs, machinery, equipment or other infrastructure that forms part of the pipeline but is classified by the Rules as excluded infrastructure for the purposes of this Law;\ns 2 def excluded infrastructure ins 2022 No. 21 (SA) s 12 (18)\nexempted participant means a person exempted from registration as a Registered participant;\ns 2 def exempted participant ins 2009 No. 30 (SA) s 6 (2)\nextension and expansion requirements means—\nthe requirements contained in an access arrangement that, in accordance with the Rules, specify—\nthe circumstances when an extension to a scheme pipeline is to be treated as forming part of the scheme pipeline; and\nwhether the pipeline services provided or to be provided by means of, or in connection with, spare capacity arising out of an extension to a scheme pipeline will be subject to the applicable access arrangement applying to the pipeline services to which that arrangement applies; and\nwhether an extension to, or expansion of the capacity of, a scheme pipeline will affect a reference tariff and, if so, the effect on the reference tariff; and\nany other requirements specified by the Rules as extension and expansion requirements;\nSee also sections 18 and 19 .\ns 2 def extension and expansion requirements amd 2022 No. 21 (SA) s 12 (19)\nfinal Rule determination means a determination of the AEMC under section 311 ;\nfinancial risk management product , for Chapter 2 Part 1 Division 1AA —see section 30AA ;\ns 2 def financial risk management product ins 2024 No. 12 (SA) s 13 (4)\nforeign company has the same meaning as in the Corporations Act 2001 of the Commonwealth;\nforeign source means—\nsource beyond the outer limits of all of the following:\nthe adjacent area of this jurisdiction;\nthe adjacent area of another participating jurisdiction; or\na source within the joint petroleum development area (within the meaning of the Petroleum (Timor Sea Treaty) Act 2003 of the Commonwealth);\nformer gas market operator means any of the following:\nVENCorp;\nGas Market Company Limited (ACN 095 400 258);\nin relation to South Australia (but not Western Australia)—Retail Energy Market Company Limited (ACN 103 318 556);\nthe gas retail market operator appointed under section 257A of the Gas Supply Act 2003 (Qld) ;\ns 2 def former gas market operator ins 2009 No. 30 (SA) s 6 (2)\nform of regulation factors has the meaning given by section 16 ;\nfull access arrangement ...\ns 2 def full access arrangement om 2022 No. 21 (SA) s 12 (20)\nfull access arrangement decision ...\ns 2 def full access arrangement decision om 2022 No. 21 (SA) s 12 (20)\ngas blend means primary gases that have been blended together;\ns 2 def gas blend ins 2023 No. 36 (SA) s 6 (11)\nGas Bulletin Board means the website maintained by AEMO that contains information of the kind specified in the Rules for the covered gas industry;\ns 2 def Gas Bulletin Board ins 2023 No. 36 (SA) s 6 (11)\nGas Code means the National Third Party Access Code for Natural Gas Pipeline Systems set out in Schedule 2 to the Gas Pipelines Access (South Australia) Act 1997 of South Australia as in force from time to time before the commencement of section 20 of the National Gas (South Australia) Act 2008 of South Australia;\ngas contract , for Chapter 2 Part 1 Division 1AA —see section 30AA ;\ns 2 def gas contract ins 2024 No. 12 (SA) s 13 (5)\ngas market operator ...\ns 2 def gas market operator om 2009 No. 30 (SA) s 6 (1)\ngas powered generator means the owner, controller or operator of a generating system, within the meaning of the National Electricity Rules , that is powered by covered gas;\ns 2 def gas powered generator ins 2023 No. 7 (SA) s 4 (2)\namd 2023 No. 36 (SA) s 6 (12)\ngas statement of opportunities means the statement published under Chapter 2 Part 6 Division 4 ;\ns 2 def gas statement of opportunities ins 2009 No. 30 (SA) s 6 (2)\ngas trading exchange means a facility through which persons may elect to buy and sell covered gas or related goods or services, including a pipeline capacity right;\ns 2 def gas trading exchange ins 2013 No. 54 (SA) s 4 (1)\namd 2023 No. 36 (SA) s 6 (13) – (14)\ngas trading exchange agreement means an agreement that relates to participation in, and the operation and administration of, a gas trading exchange established by AEMO to which AEMO (or a person appointed by AEMO to operate the gas trading exchange), and a person who becomes a member of the exchange, are parties;\ns 2 def gas trading exchange agreement ins 2013 No. 54 (SA) s 4 (1)\ngas trading exchange functions —AEMO’s gas trading exchange functions are as set out in section 91BRK ;\ns 2 def gas trading exchange functions ins 2013 No. 54 (SA) s 4 (1)\ngas trading exchange member means a person who is (or who was at the relevant time) a member of a gas trading exchange under a gas trading exchange agreement;\ns 2 def gas trading exchange member ins 2013 No. 54 (SA) s 4 (1)\ngeneral market information order means an order under section 91F (1) (a) requiring information from persons of a class specified in the order;\ns 2 def general market information order ins 2009 No. 30 (SA) s 6 (2)\ngeneral regulatory information order has the meaning given by section 45 ;\ngreenfields incentive determination has the meaning given by section 100 ;\ns 2 def greenfields incentive determination ins 2022 No. 21 (SA) s 12 (21)\ngreenfields pipeline incentive ...\ns 2 def greenfields pipeline incentive om 2022 No. 21 (SA) s 12 (21)\ngreenfields pipeline project means a project for the construction of—\na pipeline that is to be structurally separate from any existing pipeline; or\na major extension to an existing pipeline;\ns 2 def greenfields pipeline project ins 2022 No. 21 (SA) s 12 (21)\ngreenfields price protection determination has the meaning given by section 109 ;\ns 2 def greenfields price protection determination ins 2022 No. 21 (SA) s 12 (21)\nGSOO information means information that—\na person gives to AEMO to comply with section 91DB ; or\na person gives to AEMO for the preparation of the gas statement of opportunities in circumstances expressly permitted by the Rules;\ns 2 def GSOO information ins 2022 No. 3 (SA) s 4 (5)\nGSOO Procedures means Procedures directed at regulating the collection of information for the gas statement of opportunities;\ns 2 def GSOO Procedures ins 2022 No. 3 (SA) s 4 (5)\nGTE amendments means the amendments to this Law made by the National Gas (South Australia) (Gas Trading Exchanges) Amendment Act 2013 ;\ns 2 def GTE amendments ins 2013 No. 54 (SA) s 4 (2)\nhaulage , in relation to covered gas, includes conveyance or reticulation of covered gas;\ns 2 def haulage amd 2023 No. 36 (SA) s 6 (15)\ninitial classification decision ...\ns 2 def initial classification decision om 2022 No. 21 (SA) s 12 (22)\ninitial National Gas Procedures means National Gas Procedures made under section 294A and includes Wholesale Market Procedures and BB Procedures in force immediately before the commencement of the National Gas (South Australia) (National Gas Law—Australian Energy Market Operator) Amendment Act 2009 ;\ns 2 def initial National Gas Procedures ins 2009 No. 30 (SA) s 6 (2)\ninitial National Gas Rules means the Initial National Gas Rules made under Chapter 9 Part 2 ;\ns 2 def initial National Gas Rules sub 2009 No. 30 (SA) s 6 (1) – (2)\namd 2009 No. 46 (SA) s 4 (2) ; 2011 No. 7 (SA) s 50 (2) ; 2014 No. 21 (SA) s 26 (3) ; 2018 No. 12 (SA) s 21 (1)\ninitial Operational Transportation Service Code means the Operational Transportation Service Code made under section 294DA ;\ns 2 def initial Operational Transportation Service Code ins 2018 No. 23 (SA) s 4 (2)\ninnovative trial principles —see section 24A ;\ns 2 def innovative trial principles ins 2022 No. 22 (SA) s 32 (2)\ninternational pipeline ...\ns 2 def international pipeline om 2022 No. 21 (SA) s 12 (22)\njurisdictional determination criteria ...\ns 2 def jurisdictional determination criteria om 2022 No. 21 (SA) s 12 (22)\njurisdictional gas legislation means an Act of a participating jurisdiction (other than national gas legislation), or any instrument made or issued under or for the purposes of that Act, that regulates the haulage of gas in that jurisdiction;\njurisdictional regulator means—\nfor New South Wales—the Independent Pricing and Regulatory Tribunal of New South Wales established by section 5 (1) of the Independent Pricing and Regulatory Tribunal Act 1992 of New South Wales;\nfor Victoria—the Essential Services Commission established by section 7 (1) of the Essential Services Commission Act 2001 of Victoria;\nfor Queensland—the Queensland Competition Authority established by section 7 of the Queensland Competition Authority Act 1997 of Queensland;\nfor South Australia—the Essential Services Commission established by section 4 (1) of the Essential Services Commission Act 2002 of South Australia;\nfor Tasmania—the Director of Gas appointed under section 7 of the Gas Act 2000 of Tasmania;\nfor the Australian Capital Territory—the Independent Competition and Regulatory Commission for the Australian Capital Territory established by section 5 (1) of the Independent Competition and Regulatory Commission Act 1997 of the Australian Capital Territory;\nany other person or body—\nto which the functions of the jurisdictional regulator for a participating jurisdiction are assigned by or under an Act of the participating jurisdiction; or\nthat is prescribed by the Regulations as jurisdictional regulator of a participating jurisdiction;\ns 2 def jurisdictional regulator ins 2009 No. 30 (SA) s 6 (2)\nlight regulation determination ...\ns 2 def light regulation determination om 2022 No. 21 (SA) s 12 (22)\nlight regulation services ...\ns 2 def light regulation services om 2022 No. 21 (SA) s 12 (22)\nlimited access arrangement ...\ns 2 def limited access arrangement om 2022 No. 21 (SA) s 12 (22)\nlimited access arrangement decision ...\ns 2 def limited access arrangement decision om 2022 No. 21 (SA) s 12 (22)\nlisted corporation has the meaning given by section 9 of the Corporations Act 2001 of the Commonwealth;\ns 2 def listed corporation ins 2020 No. 37 (SA) s 47 (3)\nLNG facility means a facility for the processing of natural gas from a gaseous to a liquefied state or from a liquefied to a gaseous state;\ns 2 def LNG facility ins 2022 No. 3 (SA) s 4 (6)\nLNG service provider means a person who owns, controls or operates an LNG facility;\ns 2 def LNG service provider ins 2022 No. 3 (SA) s 4 (6)\nlocal regulation means the regulations under the application Act of a participating jurisdiction;\ns 2 def local regulation ins 2023 No. 36 (SA) s 6 (16)\nmarket information instrument means a general market information order or a market information notice;\ns 2 def market information instrument ins 2009 No. 30 (SA) s 6 (2)\nmarket information notice means a notice under section 91F (1) (b) requiring information from the person to whom the notice is addressed;\ns 2 def market information notice ins 2009 No. 30 (SA) s 6 (2)\nmarket operator service means a service classified under the Rules as a market operator service;\ns 2 def market operator service ins 2009 No. 46 (SA) s 16\nMCE means the group of Ministers (constituting or forming part of a Ministerial Council, Standing Council of Ministers or similar body (however described)) responsible for energy matters at a national level comprising 9 Ministers as follows:\n1 Minister from the Commonwealth;\n1 Minister from each State (totalling 6 Ministers);\n1 Minister from each Territory (totalling 2 Ministers),\nacting in accordance with its own procedures;\ns 2 def MCE sub 2021 No. 3 (SA) s 33 (4)\nMCE directed review means a review conducted by the AEMC under Chapter 2 Part 2 Division 4 ;\nMCE statement of policy principles means a statement of policy principles issued by the MCE under section 25 ;\nminimum ring fencing requirement means a requirement under Chapter 4 Part 2 Division 2 ;\nMinisterial coverage decision ...\ns 2 def Ministerial coverage decision om 2022 No. 21 (SA) s 12 (22)\nMinisterial Gazette notice means a notice in the South Australian Government Gazette published by the South Australian Minister on the recommendation of the MCE;\ns 2 def Ministerial Gazette notice ins 2009 No. 30 (SA) s 6 (2)\nMinister of a participating jurisdiction means a Minister who is a Minister of a participating jurisdiction within the meaning of section 22 ;\nNational Electricity Law means the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia;\ns 2 def National Electricity Law ins 2011 No. 7 (SA) s 50 (1)\nNational Electricity Rules has the same meaning as in the National Electricity Law;\ns 2 def National Electricity Rules ins 2011 No. 7 (SA) s 50 (1)\nNational Energy Retail Law means the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia;\ns 2 def National Energy Retail Law ins 2011 No. 7 (SA) s 50 (1)\nNational Energy Retail Rules has the same meaning as in the National Electricity Law;\ns 2 def National Energy Retail Rules ins 2011 No. 7 (SA) s 50 (1)\nnational gas legislation means—\nthe National Gas (South Australia) Act 2008 of South Australia and Regulations in force under that Act; and\nthe National Gas (South Australia) Law; and\nthe National Gas Access (WA) Act 2009 of Western Australia; and\nthe National Gas Access (Western Australia) Law within the meaning given in the National Gas Access (WA) Act 2009 of Western Australia; and\nRegulations made under the National Gas Access (WA) Act 2009 of Western Australia for the purposes of the National Gas Access (Western Australia) Law; and\nan Act of a participating jurisdiction (other than South Australia or Western Australia) that applies, as a law of that jurisdiction, any part of—\nthe Regulations referred to in paragraph (a) ; or\nthe National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia; and\nthe National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia as applied as a law of a participating jurisdiction (other than South Australia or Western Australia); and\nthe Regulations referred to in paragraph (a) as applied as a law of a participating jurisdiction (other than South Australia or Western Australia);\ns 2 def national gas legislation amd 2009 No. 30 (SA) s 6 (3)\nnational gas objective means the objective set out in section 23 ;\nNational Gas Procedures or Procedures means—\nthe initial National Gas Procedures; and\nProcedures made by AEMO under this Law, including Procedures that amend or revoke the initial National Gas Procedures or Procedures earlier made by AEMO;\ns 2 def National Gas Procedures or Procedures ins 2009 No. 30 (SA) s 6 (2)\nNational Gas Rules or Rules means—\nthe initial National Gas Rules; and\nRules made under Chapter 9 Part 2 Division 2 ; and\nRules made by the AEMC under this Law, including Rules that amend or revoke—\nthe initial National Gas Rules or Rules made under Chapter 9 Part 2 Division 2 ; or\nRules made by it;\ns 2 def National Gas Rules or Rules amd 2018 No. 12 (SA) s 21 (3) – (4)\nnatural gas means a substance that—\nis in a gaseous state at standard temperature and pressure; and\nconsists of naturally occurring hydrocarbons, or a naturally occurring mixture of hydrocarbons and non-hydrocarbons, the principal constituent of which is methane; and\nis suitable for consumption;\nnatural gas industry ...\ns 2 def natural gas industry ins 2022 No. 3 (SA) s 4 (7)\nom 2023 No. 36 (SA) s 6 (17)\nnatural gas industry facility ...\ns 2 def natural gas industry facility ins 2022 No. 3 (SA) s 4 (7)\nom 2023 No. 36 (SA) s 6 (18)\nnatural gas service ...\ns 2 def natural gas service om 2023 No. 36 (SA) s 6 (19)\nNatural Gas Services Bulletin Board ...\ns 2 def Natural Gas Services Bulletin Board sub 2009 No. 30 (SA) s 6 (1) – (2)\namd 2018 No. 23 (SA) s 4 (3) ; 2022 No. 3 (SA) s 4 (8)\nom 2023 No. 36 (SA) s 6 (20)\nNCC ...\ns 2 def NCC om 2022 No. 21 (SA) s 12 (22)\nNCC recommendation or decision ...\ns 2 def NCC recommendation or decision om 2022 No. 21 (SA) s 12 (22)\nnew facility means an extension to, or expansion of the capacity of, a pipeline which is to be treated as part of the pipeline—\nin accordance with the extension and expansion requirements contained in an applicable access arrangement applying to the pipeline services provided by means of that pipeline; or\nunder this Law;\nSee also sections 18 and 19 .\ns 2 def new facility amd 2022 No. 21 (SA) s 12 (23)\nno-coverage recommendation ...\ns 2 def no-coverage recommendation om 2022 No. 21 (SA) s 12 (24)\nnon-scheme pipeline means a pipeline other than a scheme pipeline;\ns 2 def non-scheme pipeline ins 2022 No. 21 (SA) s 12 (24)\nnon-scheme pipeline access dispute means an access dispute that involves a non-scheme pipeline;\ns 2 def non-scheme pipeline access dispute ins 2022 No. 21 (SA) s 12 (24)\nnon scheme pipeline user ...\ns 2 def non scheme pipeline user om 2022 No. 21 (SA) s 12 (24)\noffence provision means a provision of this Law the breach or contravention of which by a person exposes that person to a finding of guilt by a court;\nofficer has the same meaning as officer has in relation to a corporation under section 9 of the Corporations Act 2001 of the Commonwealth;\nold access law means Schedule 1 to the Gas Pipelines Access (South Australia) Act 1997 of South Australia as in force from time to time before the commencement of section 20 of the National Gas (South Australia) Act 2008 of South Australia;\nold scheme classification or determination means a classification or determination under section 10 or 11 of the old access law in force at any time before the repeal of the old access law;\nold scheme distribution pipeline means a pipeline that was, at any time before the repeal of the old access law—\na distribution pipeline as defined in that law; and\na covered pipeline as defined in the Gas Code;\nold scheme transmission pipeline means a pipeline that was, at any time before the repeal of the old access law—\na transmission pipeline as defined in that law; and\na covered pipeline as defined in the Gas Code;\noperational transportation service means—\na transportation service that is provided under an operational transportation service agreement using transferred transportation capacity; and\na service ancillary to the provision of a service referred to in paragraph (a) ;\ns 2 def operational transportation service ins 2018 No. 23 (SA) s 4 (2)\noperational transportation service agreement means an agreement between a transportation service provider and a transportation facility user that provides for—\nthe transportation facility user to receive a transfer of transportation capacity acquired through any of the following means—\na capacity auction; or\na gas trading exchange; or\nany other means provided for in the agreement; and\nthe terms and conditions applicable to the use of that transportation capacity;\ns 2 def operational transportation service agreement ins 2018 No. 23 (SA) s 4 (2)\nOperational Transportation Service Code has the meaning given by section 228H ;\ns 2 def Operational Transportation Service Code ins 2018 No. 23 (SA) s 4 (2)\noperative period , for a greenfields incentive determination, has the meaning given by section 102 (2) ;\ns 2 def operative period ins 2022 No. 21 (SA) s 12 (25)\nparticipating jurisdiction means a jurisdiction that is a participating jurisdiction by reason of section 21 ;\npetroleum includes any naturally occurring hydrocarbon, mixture of hydrocarbons or mixture of hydrocarbons and non-hydrocarbons, whether in gaseous, liquid or solid state;\ns 2 def petroleum ins 2022 No. 3 (SA) s 4 (9)\npetroleum tenement means a right granted under law to explore for, extract, recover or process petroleum;\ns 2 def petroleum tenement ins 2022 No. 3 (SA) s 4 (9)\npipeline means—\na pipe or system of pipes for the haulage of covered gas, and any tanks, reservoirs, machinery or equipment directly attached to that pipe or system of pipes; or\na proposed pipe or system of pipes for the haulage of covered gas, and any proposed tanks, reservoirs, machinery or equipment proposed to be directly attached to the proposed pipe or system of pipes; or\na part of a pipe or system of pipes or proposed pipe or system of pipes referred to in paragraph (a) or (b) ,\nbut does not include—\nunless paragraph (e) applies, anything upstream of a prescribed exit flange on a pipeline conveying covered gas from a prescribed gas processing plant; or\nif a connection point upstream of an exit flange on such a pipeline is prescribed, anything upstream of that point; or\na gathering system operated as part of an upstream producing operation for processable gas; or\nany tanks, reservoirs, machinery, plant, facility or equipment used to remove or add components to or change covered gas (other than odourisation facilities) such as a gas processing plant or blend processing facility; or\nanything downstream of a point on a pipeline from which a person takes covered gas for consumption purposes;\nin relation to a blend processing facility—anything from the point on a pipeline from which covered gas is taken for blend processing to the point where the gas blend is injected into the pipeline or another pipeline;\nSee also sections 18 and 19 .\ns 2 def pipeline amd 2023 No. 36 (SA) s 6 (21) – (25)\npipeline capacity right means a right under a contract with a service provider to be provided with a pipeline service, by means of a pipeline, for a given quantity of covered gas over a given period of time;\ns 2 def pipeline capacity right ins 2022 No. 21 (SA) s 12 (26)\namd 2023 No. 36 (SA) s 6 (26)\npipeline classification criterion has the meaning given by section 13 ;\npipeline coverage criteria ...\ns 2 def pipeline coverage criteria om 2022 No. 21 (SA) s 12 (27)\npipeline interconnection principles has the meaning given by section 136 ;\ns 2 def pipeline interconnection principles ins 2022 No. 21 (SA) s 12 (27)\npipeline reliability standard means a standard imposed by or under an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act, relating to the reliable haulage of covered gas in that jurisdiction;\ns 2 def pipeline reliability standard amd 2023 No. 36 (SA) s 6 (27)\npipeline safety duty means a duty or requirement under an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act, relating to—\nthe safe haulage of covered gas in that jurisdiction; or\nthe safe operation of a pipeline in that jurisdiction;\ns 2 def pipeline safety duty amd 2023 No. 36 (SA) s 6 (28)\npipeline service means—\nservice provided by means of a pipeline, including—\na haulage service (such as firm haulage, interruptible haulage, spot haulage and backhaul); and\na service providing for, or facilitating, the interconnection of pipelines; or\na service ancillary to the provision of a service referred to in paragraph (a) ,\nbut does not include—\nthe production of a primary gas, a processable gas or biogas; or\nthe sale or purchase of a covered gas, a processable gas or biogas; or\na blend processing service;\ns 2 def pipeline service amd 2022 No. 21 (SA) s 12 (28) ; 2023 No. 36 (SA) s 6 (29)\npipeline service standard means a standard relating to the standard of the pipeline services provided by a service provider imposed—\nby or under jurisdictional gas legislation; or\nby the AER—\nunder an access arrangement decision; or\nin accordance with the Rules;\ns 2 def pipeline service standard amd 2023 No. 36 (SA) s 6 (30)\nprescribed transparency information has the meaning given by section 136C ;\ns 2 def prescribed transparency information ins 2022 No. 21 (SA) s 12 (29)\nprice information order has the meaning given by section 46A ;\ns 2 def price information order ins 2022 No. 3 (SA) s 4 (10)\nprice or revenue regulation ...\ns 2 def price or revenue regulation om 2022 No. 21 (SA) s 12 (29)\nprice regulation exemption ...\ns 2 def price regulation exemption om 2022 No. 21 (SA) s 12 (29)\nprice regulation exemption recommendation ...\ns 2 def price regulation exemption recommendation om 2022 No. 21 (SA) s 12 (29)\nprimary capacity transaction ...\ns 2 def primary capacity transaction ins 2018 No. 23 (SA) s 4 (2)\nom 2022 No. 3 (SA) s 4 (11)\nprimary gas means the following:\nnatural gas;\nhydrogen;\nbiomethane;\nsynthetic methane;\na substance prescribed by the Regulations for the purpose of this definition;\na substance prescribed as a primary gas in a participating jurisdiction by a local regulation of the participating jurisdiction;\ns 2 def primary gas ins 2023 No. 36 (SA) s 6 (31)\nprocessable gas means a substance that—\nis in a gaseous state at standard temperature and pressure; and\nconsists of naturally occurring hydrocarbons, or a naturally occurring mixture of hydrocarbons and non-hydrocarbons, the principal constituent of which is methane;\nproducer means a person who carries on a business of producing 1 or more primary gases;\ns 2 def producer amd 2023 No. 36 (SA) s 6 (32)\nprospective user has the meaning given by section 5 ;\nprotected information has the meaning given by section 91G ;\ns 2 def protected information ins 2009 No. 30 (SA) s 6 (2)\nqueuing requirements means terms and conditions providing for the priority that a prospective user has, as against any other prospective user, to obtain access to spare capacity and developable capacity;\nrate of return instrument —see section 30D (2) ;\ns 2 def rate of return instrument ins 2018 No. 33 (SA) s 13 (2)\nreclassification decision means a decision of the AER under Chapter 3 Part 6 Division 2 ;\ns 2 def reclassification decision sub 2022 No. 21 (SA) s 12 (30)\nrecognised energy industry ombudsman ...\ns 2 def recognised energy industry ombudsman ins 2009 No. 30 (SA) s 6 (2)\nom 2011 No. 7 (SA) s 50 (4)\nreference service means a pipeline service specified by, or determined or approved by the AER under, the Rules as a reference service;\nreference tariff means a tariff or charge for a reference service—\nspecified in an applicable access arrangement approved or made under an access arrangement decision; or\ndetermined by applying the formula or methodology contained in an applicable access arrangement approved or made under an access arrangement decision;\ns 2 def reference tariff amd 2022 No. 21 (SA) s 12 (31)\nRegistered participant means a person registered as such by AEMO under this Law ( section 91BJ , section 91BRD or section 91LB ) and the Rules, but does not include a transportation service provider registered under section 91BRR ;\ns 2 def Registered participant ins 2009 No. 30 (SA) s 6 (2)\namd 2009 No. 46 (SA) s 4 (3) ; 2018 No. 23 (SA) s 4 (4)\nregulated gas market means—\na declared wholesale gas market; or\na short term trading market; or\na regulated retail gas market;\ns 2 def regulated gas market ins 2009 No. 30 (SA) s 6 (2)\namd 2009 No. 46 (SA) s 4 (4)\nregulated retail gas market has the meaning given by section 91L (2) ;\ns 2 def regulated retail gas market ins 2009 No. 30 (SA) s 6 (2)\nRegulations means the regulations made under Part 3 of the National Gas (South Australia) Act 2008 of South Australia that apply as a law of this jurisdiction;\nregulatory information instrument means—\na general regulatory information order; or\na regulatory information notice;\na price information order;\ns 2 def regulatory information instrument amd 2022 No. 3 (SA) s 4 (12)\nregulatory information notice has the meaning given by section 46 ;\nregulatory obligation or requirement has the meaning given by section 6 ;\nregulatory payment has the meaning given by section 7 ;\nrelevant entity , for Part 6 Division 1A —see section 91AF (8) ;\ns 2 def relevant entity ins 2023 No. 7 (SA) s 4 (3)\nrelevant adjudicator means—\nfor a scheme pipeline access dispute—the dispute resolution body; or\nfor a non-scheme pipeline access dispute—the arbitrator for the dispute;\ns 2 def relevant adjudicator ins 2022 No. 21 (SA) s 12 (32)\nrelevant agreement , for Chapter 2 Part 1 Division 1AA —see section 30AA ;\ns 2 def relevant agreement ins 2024 No. 12 (SA) s 13 (6)\nrelevant Minister ...\ns 2 def relevant Minister om 2022 No. 21 (SA) s 12 (32)\nrelevant Regulator has the same meaning as in section 2 of the old access law;\nREMCo means the Retail Energy Market Company Limited (ACN 103 318 556);\ns 2 def REMCo ins 2009 No. 30 (SA) s 6 (2)\nretail customer means a person to whom covered gas is sold for premises by a retailer.\ns 2 def retail customer ins 2011 No. 7 (SA) s 50 (1)\namd 2023 No. 36 (SA) s 6 (33)\nretailer means a person who is the holder of a retailer authorisation issued under the National Energy Retail Law in respect of the sale of gas;\ns 2 def retailer ins 2011 No. 7 (SA) s 50 (1)\nretail gas market has the meaning given by section 91L (1) ;\ns 2 def retail gas market ins 2009 No. 30 (SA) s 6 (2)\nRetail Market Procedures means Procedures directed at regulating a retail gas market;\ns 2 def Retail Market Procedures ins 2009 No. 30 (SA) s 6 (2)\nrevenue and pricing principles , in relation to a pipeline service provided by means of a scheme pipeline, means the principles set out in section 24 ;\ns 2 def revenue and pricing principles amd 2022 No. 21 (SA) s 12 (33)\nreviewable regulatory decision ...\ns 2 def reviewable regulatory decision ins 2013 No. 79 (SA) s 19 (3)\nom 2021 No. 3 (SA) s 33 (5)\nring fencing decision means—\nan AER ring fencing determination; or\na decision granting or not granting an exemption under Rules made under section 148A ; or\nan associate contract decision;\ns 2 def ring fencing decision amd 2022 No. 21 (SA) s 12 (34)\nrule dispute means a dispute for the resolution of which provision is made in the Rules;\ns 2 def rule dispute ins 2009 No. 30 (SA) s 6 (2)\nscheme pipeline means—\na pipeline to which a scheme pipeline determination applies; or\na designated pipeline; or\na pipeline in respect of which a scheme pipeline election takes effect;\nHowever, see section 99 in relation to when a pipeline the subject of a scheme pipeline revocation determination ceases to be a scheme pipeline.\ns 2 def scheme pipeline sub 2022 No. 21 (SA) s 12 (35)\nscheme pipeline access dispute means an access dispute that involves a scheme pipeline;\ns 2 def scheme pipeline access dispute ins 2022 No. 21 (SA) s 12 (35)\nscheme pipeline determination has the meaning given by section 92 (1) ;\ns 2 def scheme pipeline determination ins 2022 No. 21 (SA) s 12 (35)\nscheme pipeline election has the meaning given by section 95 ;\ns 2 def scheme pipeline election ins 2022 No. 21 (SA) s 12 (35)\nscheme pipeline revocation determination means a determination made under section 97 (1) ;\ns 2 def scheme pipeline revocation determination ins 2022 No. 21 (SA) s 12 (35)\nscheme pipeline service provider means a service provider who provides or intends to provide pipeline services by means of a scheme pipeline;\ns 2 def scheme pipeline service provider ins 2022 No. 21 (SA) s 12 (35)\nsecondary capacity transaction ...\ns 2 def secondary capacity transaction ins 2018 No. 23 (SA) s 4 (2)\nom 2022 No. 3 (SA) s 4 (13)\nservice provider has the meaning given by section 8 ;\nservice provider performance report means a report prepared by the AER under section 64 ;\nshort term trading market means a market for the supply of covered gas that—\noperates in an adoptive jurisdiction; and\nis defined in a Rule made for the purposes of Chapter 2 Part 6 Division 2A to be a short term trading market of that adoptive jurisdiction;\nThere may be more than 1 short term trading market of an adoptive jurisdiction.\ns 2 def short term trading market ins 2009 No. 46 (SA) s 4 (5)\namd 2023 No. 36 (SA) s 6 (34)\nsmall shipper has the meaning given by section 8AB ;\ns 2 def small shipper ins 2022 No. 21 (SA) s 12 (36)\nSouth Australian Minister means the Minister of the Crown in right of South Australia administering Part 2 of the National Gas (South Australia) Act 2008 of South Australia;\ns 2 def South Australian Minister ins 2022 No. 21 (SA) s 12 (36)\nspare capacity means unutilised capacity of a pipeline;\nstandard gas day means the 24 hour period starting at the time specified in the standard market timetable;\ns 2 def standard gas day ins 2018 No. 23 (SA) s 4 (2)\nstandard market timetable means the standard market timetable provided for in the Rules in accordance with section 83B ;\ns 2 def standard market timetable ins 2018 No. 23 (SA) s 4 (2)\nstandard OTSA means an operational transportation service agreement within the meaning of section 228B as amended from time to time;\ns 2 def standard OTSA ins 2018 No. 23 (SA) s 4 (2)\nstatutory functions , in relation to AEMO, means functions or powers conferred under—\nthis Law, the Rules or the Procedures; or\nthe National Electricity Law or the National Electricity Rules;\ns 2 def statutory functions ins 2009 No. 30 (SA) s 6 (2)\nstorage facility means a facility for storing processable gas, biogas or covered gas (including liquefied natural gas) before or after processing, blending or separating;\ns 2 def storage facility ins 2022 No. 3 (SA) s 4 (14)\namd 2023 No. 36 (SA) s 6 (35) – (36)\nstorage provider means any person who owns, controls or operates a storage facility;\ns 2 def storage provider sub 2022 No. 3 (SA) s 4 (14)\nSTTM amendments means—\nthe amendments to this Law made by the National Gas (South Australia) (Short Term Trading Market) Amendment Act 2009 of South Australia; and\nthe amendments to the Rules made under section 294B ; and\nthe STTM Procedures first made under this Law after the enactment of the amendments referred to in paragraph (a) ;\ns 2 def STTM amendments ins 2009 No. 46 (SA) s 4 (5)\nSTTM functions —AEMO’s STTM functions are as set out in section 91BRB ;\ns 2 def STTM functions ins 2009 No. 46 (SA) s 4 (5)\nSTTM hub means a point or points, situated in an adoptive jurisdiction, specified in the Rules or STTM Procedures, at which a short term trading market operates;\ns 2 def STTM hub ins 2009 No. 46 (SA) s 4 (5)\nSTTM information means information that—\na person gives to AEMO, to comply with section 91FEA (1) ; or\na person gives, in circumstances expressly required or permitted by the Procedures or Rules—\nto AEMO in its capacity as operator of a short term trading market in which the person participates;\nto AEMO in its capacity as operator of another regulated gas market if that information is to be used for the purpose of a short term trading market in which the person participates;\ns 2 def STTM information ins 2009 No. 46 (SA) s 4 (5)\nSTTM Procedures means Procedures directed at regulating a short term trading market;\ns 2 def STTM Procedures ins 2009 No. 46 (SA) s 4 (5)\nSTTM trading participant means a person referred to in section 91BRC ;\ns 2 def STTM trading participant ins 2009 No. 46 (SA) s 4 (5)\nsuperseded jurisdictional rules means—\nlegislation (including subordinate legislation) of a participating jurisdiction regulating the gas industry in that jurisdiction that—\nwas in force immediately before the relevant changeover date; and\nis superseded by the AEMO amendments; and\nrules to which a member of a corporate former gas market operator was subject, immediately before the relevant changeover date, under the constitution of the former gas market operator; and\na licence condition governing the activities of the licensee in, or in relation to, a regulated retail gas market in a participating jurisdiction—\nin force immediately before the relevant changeover date; and\nsuperseded by the AEMO amendments; and\na guideline, code, standard or other instrument governing the operation or regulation of a gas market in a participating jurisdiction—\nmade or issued by the jurisdictional regulator; and\nin force immediately before the relevant changeover date; and\nsuperseded by the AEMO amendments;\nThe Gas Market Retail Rules (Vic) and the Gas Industry Market and System Operation Rules (Vic) .\nThe Gas Retail Market Business Rules to Support Retail Competition in Gas (NSW) .\nThe Gas Market Retail Rules (Qld) .\nThe Retail Market Rules (SA) .\ns 2 def superseded jurisdictional rules ins 2009 No. 30 (SA) s 6 (2)\nsupply includes—\nin relation to goods—supply (including re-supply) by way of sale, exchange, lease, hire or hire purchase; and\nin relation to services—provide, grant or confer;\nsynthetic methane means a substance—\nthat is in a gaseous state at standard temperature and pressure; and\nthe principal constituent of which is methane; and\nthat is produced by the methanation of carbon dioxide; and\nthat is suitable for consumption;\ns 2 def synthetic methane ins 2023 No. 36 (SA) s 6 (37)\ntariff means a rate by which a charge for a pipeline service is calculated;\ntender approval decision ...\ns 2 def tender approval decision om 2022 No. 21 (SA) s 12 (37)\nTerritory means the Australian Capital Territory or the Northern Territory;\ntrader means a person who—\nbuys or sells covered gas; and\nin doing so is not acting in some other registrable capacity; and\nwhere the person is the purchaser of covered gas, is not buying the covered gas for the purchaser’s own use;\ns 2 def trader ins 2009 No. 30 (SA) s 6 (2)\namd 2023 No. 36 (SA) s 6 (38)\ntransaction support arrangements means arrangements to facilitate transactions with respect to transportation capacity and related goods and services concluded or to be concluded through a gas trading exchange or a capacity auction;\ns 2 def transaction support arrangements ins 2018 No. 23 (SA) s 4 (2)\ntransfer , in relation to transportation capacity, includes a reduction in a person’s right to the transportation capacity and a corresponding increase in another person’s right to transportation capacity, whether or not on the same terms and conditions;\ns 2 def transfer ins 2018 No. 23 (SA) s 4 (2)\ntransmission pipeline means a pipeline that—\nis classified as a transmission pipeline under a licence or authorisation granted in relation to the pipeline under jurisdictional gas legislation; or\nif the licence or authorisation mentioned in paragraph (a) does not include a classification of the pipeline—is classified by the AER as a transmission pipeline,\nand includes a pipeline that is reclassified by the AER as a transmission pipeline;\nSee Chapter 3 Part 6 in relation to the classification and reclassification of pipelines. See also sections 18 and 19 .\ns 2 def transmission pipeline sub 2022 No. 21 (SA) s 12 (38)\ntransportation capacity means a right under a contract with a transportation service provider to be provided with a transportation service by means of a transportation facility, for a given quantity of covered gas over a given period of time;\ns 2 def transportation capacity ins 2018 No. 23 (SA) s 4 (2)\namd 2023 No. 36 (SA) s 6 (39)\ntransportation facility means—\na pipeline; or\na compression service facility; or\nanother facility of a type specified by the Regulations for the purposes of this paragraph;\ns 2 def transportation facility ins 2018 No. 23 (SA) s 4 (2)\ntransportation facility user means a person who is a party to a contract with a transportation service provider under which the transportation service provider provides, or intends to provide, a transportation service to that person by means of a transportation facility and includes a user;\ns 2 def transportation facility user ins 2018 No. 23 (SA) s 4 (2)\namd 2022 No. 21 (SA) s 12 (39)\ntransportation service means—\na pipeline service; or\na service provided by means of a compression service facility; or\na service provided by means of any other facility of a type specified by the Regulations for the purposes of paragraph (c) of the definition of transportation facility ;\ns 2 def transportation service ins 2018 No. 23 (SA) s 4 (2)\ntransportation service provider means a person who owns, controls or operates a transportation facility;\ns 2 def transportation service provider ins 2018 No. 23 (SA) s 4 (2)\ntrial project means a project—\nthat—\nthe AER is satisfied is genuinely innovative taking into account the innovative trial principles (in relation to a trial waiver for a trial project); or\nthe AEMC is satisfied is genuinely innovative taking into account the innovative trial principles (in relation to a trial Rule for the purposes of a trial project); and\ntests an approach in relation to covered gas services;\ns 2 def trial project ins 2022 No. 22 (SA) s 32 (3)\namd 2023 No. 36 (SA) s 6 (40)\ntrial Rule —see section 290 ;\ns 2 def trial Rule ins 2022 No. 22 (SA) s 32 (3)\ntrial waiver —see section 30W ;\ns 2 def trial waiver ins 2022 No. 22 (SA) s 32 (3)\nTribunal means the Australian Competition Tribunal referred to in the Competition and Consumer Act 2010 of the Commonwealth and includes a member of the Tribunal or a Division of the Tribunal performing functions of the Tribunal;\nuser means a person who—\nis a party to a contract with a service provider under which the service provider provides or intends to provide a pipeline service to that person by means of a pipeline; or\nhas a right under an access determination to be provided with a pipeline service by means of a pipeline;\ns 2 def user amd 2022 No. 21 (SA) s 12 (40)\nuser facility means a facility by means of which covered gas is consumed (including by transformation of the gas into a new form) and which is not any other form of covered gas industry facility;\ns 2 def user facility ins 2022 No. 3 (SA) s 4 (15)\namd 2023 No. 36 (SA) s 6 (41)\nuser or consumer association ...\ns 2 def user or consumer association ins 2013 No. 79 (SA) s 19 (4)\nom 2022 No. 21 (SA) s 12 (41)\nuser or consumer interest group ...\ns 2 def user or consumer interest group ins 2013 No. 79 (SA) s 19 (4)\nom 2022 No. 21 (SA) s 12 (41)\nVENCorp means the Victorian Energy Networks Corporation continued under Part 8 of the Gas Industry Act 2001 of Victoria until the AEMO amendments come into force;\ns 2 def VENCorp sub 2009 No. 30 (SA) s 6 (1) – (2)\nwholesale gas market , for Chapter 2 Part 1 Division 1AA —see section 30AA ;\ns 2 def wholesale gas market ins 2024 No. 12 (SA) s 13 (7)\nwholesale gas market participant , for Chapter 2 Part 1 Division 1AA —see section 30AA ;\ns 2 def wholesale gas market participant ins 2024 No. 12 (SA) s 13 (7)\nwholesale market monitoring guidelines , for Chapter 2 Part 1 Division 1AA —see section 30AA ;\ns 2 def wholesale market monitoring guidelines ins 2024 No. 12 (SA) s 13 (7)\nWholesale Market Procedures means Procedures directed at regulating the declared wholesale gas market of an adoptive jurisdiction.\ns 2 def Wholesale Market Procedures ins 2009 No. 30 (SA) s 6 (2)\nA reference in this Law to an end user includes a reference to a prospective end user.\nA reference in this Law to the east coast gas system includes a reference to part of the east coast gas system.\nThe Minister responsible for the administration of an application Act under which a regulation is made for paragraph (f) of the definition of primary gas must publish notice of the making of the regulation in the South Australian Government Gazette.\ns 2 amd 2011 No. 7 (SA) s 50 (5) ; 2023 No. 7 (SA) s 4 (4) ; 2023 No. 36 (SA) s 6 (42)\n(sec.2-ssec.1) In this Law— 15-year no-coverage determination ... s 2 def 15-year no-coverage determination om 2022 No. 21 (SA) s 12 (1) ACCC means the Australian Competition and Consumer Commission established by section 6A of the Competition and Consumer Act 2010 of the Commonwealth; access arrangement means an arrangement setting out terms and conditions about access to pipeline services provided or to be provided by means of a scheme pipeline; s 2 def access arrangement amd 2022 No. 21 (SA) s 12 (2) access determination means a determination of the relevant adjudicator for an access dispute under Chapter 5 Part 5 and includes a determination varied under Part 6 of that Chapter; s 2 def access determination amd 2022 No. 21 (SA) s 12 (3) access dispute means a dispute between a user or prospective user and a service provider about 1 or more aspects of access to a pipeline service provided by means of a pipeline and includes a matter that is deemed to be an access dispute under the Rules; s 2 def access dispute ins 2022 No. 21 (SA) s 12 (4) adoptive jurisdiction means a participating jurisdiction for which AEMO is authorised to exercise its declared system functions or STTM functions; s 2 def adoptive jurisdiction ins 2009 No. 30 (SA) s 6 (2) amd 2011 No. 7 (SA) s 4 (1) AEMC means the Australian Energy Market Commission established by section 5 of the Australian Energy Market Commission Establishment Act 2004 of South Australia; AEMO amendments means— the amendments to this Law made by the National Gas (South Australia) (National Gas Law—Australian Energy Market Operator) Amendment Act 2009 ; and the amendments to the Rules made by the National Gas (South Australia) (National Gas Rules—Australian Energy Market Operator) Amendment Rules 2009 ; and the Procedures first made under this Law after the enactment of the amendments referred to in paragraph (a) ; s 2 def AEMO amendments ins 2009 No. 30 (SA) s 6 (2) AER means the Australian Energy Regulator established by section 44AE of the Competition and Consumer Act 2010 of the Commonwealth; AER Compliance Procedures and Guidelines has the meaning given by section 64F ; s 2 def AER Compliance Procedures and Guidelines ins 2022 No. 21 (SA) s 12 (5) AER economic regulatory decision means a decision (however described) of the AER under this Law or the Rules performing or exercising an AER economic regulatory function or power; AER economic regulatory function or power means a function or power performed or exercised by the AER under this Law or the Rules (other than making a rate of return instrument) that relates to the economic regulation of pipeline services provided by a service provider— by means of; or in connection with, a pipeline and includes a function or power performed or exercised by the AER under this Law or the Rules (other than making a rate of return instrument) that relates to— the preparation of a service provider performance report; a ring fencing decision; an applicable access arrangement decision; an access determination (if the AER is the dispute resolution body); The application of a rate of return instrument under this Law is an AER economic regulatory function or power. See section 30Q (2) . s 2 def AER economic regulatory function or power amd 2018 No. 33 (SA) s 13 (1) ; 2022 No. 21 (SA) s 12 (6) AER gas price reporting functions means the functions of the AER performed under section 27 (1) (fa) ; s 2 def AER gas price reporting functions ins 2022 No. 3 (SA) s 4 (1) AER ring fencing determination means a determination of the AER under section 143 (1) ; AER trial waiver functions means the functions conferred on the AER under Chapter 2 Part 1 Division 1B ; s 2 def AER trial waiver functions ins 2022 No. 22 (SA) s 32 (1) AER wholesale market monitoring functions —the AER wholesale market monitoring functions are set out in section 30AC (1) ; s 2 def AER wholesale market monitoring functions ins 2024 No. 12 (SA) s 13 (1) AER wholesale market reporting functions —the AER wholesale market reporting functions are set out in section 30AC (2) ; s 2 def AER wholesale market reporting functions ins 2024 No. 12 (SA) s 13 (1) annual turnover has the same meaning as in section 2 (1) of Schedule 2 to the Competition and Consumer Act 2010 of the Commonwealth; s 2 def annual turnover ins 2020 No. 37 (SA) s 47 (1) applicable access arrangement means an access arrangement that has taken effect after being approved or made by the AER under the Rules and includes an applicable access arrangement as varied— under the Rules; or by an access determination as provided by this Law or the Rules; s 2 def applicable access arrangement amd 2022 No. 21 (SA) s 12 (7) applicable access arrangement decision means a decision of the AER under the Rules that— approves or does not approve an access arrangement or revisions to an applicable access arrangement submitted to the AER under section 113 or the Rules; or makes an access arrangement— in place of an access arrangement the AER does not approve in that decision; or because a scheme pipeline service provider does not submit an access arrangement in accordance with section 113 or the Rules; or makes revisions to an access arrangement— in place of revisions submitted to the AER under section 113 that the AER does not approve in that decision; or because a scheme pipeline service provider does not submit revisions to the AER under section 113 ; s 2 def applicable access arrangement decision sub 2022 No. 21 (SA) s 12 (8) application Act means an Act of a participating jurisdiction that applies, as a law of that jurisdiction, this Law or any part of this Law; s 2 def application Act ins 2009 No. 30 (SA) s 6 (2) approved associate contract means an associate contract approved by the AER under an associate contract decision; associate in relation to a person has the same meaning it would have under Division 2 of Part 1.2 of the Corporations Act 2001 of the Commonwealth if sections 13 , 16 (2) and 17 did not form part of that Act; associate contract means— a contract, arrangement or understanding between a service provider and an associate of the service provider in connection with the provision of an associate pipeline service; or a contract, arrangement or understanding between a service provider and any person in connection with the provision of an associate pipeline service— that provides a direct or indirect benefit to an associate; and that is not at arm’s length; associate contract decision means a decision of the AER under the Rules that approves or does not approve an associate contract for the purposes of Chapter 4 Part 2 Division 4 ; s 2 def associate contract decision amd 2022 No. 21 (SA) s 12 (9) associate pipeline service means a pipeline service provided by means of a pipeline other than a pipeline to which a greenfields incentive determination applies; s 2 def associate pipeline service amd 2022 No. 21 (SA) s 12 (10) Australian Energy Market Operator or AEMO means Australian Energy Market Operator Limited (ACN 072 010 327); s 2 def Australian Energy Market Operator or AEMO ins 2009 No. 30 (SA) s 6 (2) bilateral trading agreement , for Chapter 2 Part 1 Division 1AA —see section 30AA ; s 2 def bilateral trading agreement ins 2024 No. 12 (SA) s 13 (2) BB Procedures means Procedures directed at regulating the Gas Bulletin Board; s 2 def BB Procedures ins 2009 No. 30 (SA) s 6 (2) amd 2023 No. 36 (SA) s 6 (1) biogas means a gas derived or recovered from organic matter other than fossilised organic matter; s 2 def biogas ins 2023 No. 36 (SA) s 6 (2) biomethane means a substance— that is in a gaseous state at standard temperature and pressure; and the principal constituent of which is methane; and that is produced by refining biogas; and that is suitable for consumption; s 2 def biomethane ins 2023 No. 36 (SA) s 6 (2) blend processing facility means a facility for 1, or more, of the following: the blending of 1 or more primary gases, with or without other substances, for injection into a pipeline; the separation of a gas blend withdrawn from a pipeline into constituent gases before re-injection into a pipeline as— a primary gas; or a gas blend; s 2 def blend processing facility ins 2023 No. 36 (SA) s 6 (2) blend processing service means a service provided by means of a blend processing facility; s 2 def blend processing service ins 2023 No. 36 (SA) s 6 (2) blend processing service provider means a person who owns, operates or controls a blend processing facility; s 2 def blend processing service provider ins 2023 No. 36 (SA) s 6 (2) Bulletin Board information means information that— a person gives to AEMO or the AER to comply with Chapter 7 (or any Rules under that Chapter); or a person gives to AEMO in its capacity as operator of the Gas Bulletin Board in circumstances expressly permitted by the Rules; s 2 def Bulletin Board information sub 2009 No. 30 (SA) s 6 (1) – (2) amd 2018 No. 23 (SA) s 4 (1) ; 2022 No. 3 (SA) s 4 (2) ; 2023 No. 36 (SA) s 6 (3) Bulletin Board operator ... s 2 def Bulletin Board operator om 2009 No. 30 (SA) s 6 (1) capacity auction means an auction conducted by AEMO through which a person may buy transportation capacity; s 2 def capacity auction ins 2018 No. 23 (SA) s 4 (2) capacity auction agreement means an agreement that relates to participation in a capacity auction and to which AEMO and persons participating in the capacity auction are parties; s 2 def capacity auction agreement ins 2018 No. 23 (SA) s 4 (2) capacity auction functions of AEMO are set out in section 91BRM (1) ; s 2 def capacity auction functions ins 2018 No. 23 (SA) s 4 (2) capacity auction information means information that–– a person gives to AEMO, to comply with section 91FEE (1) ; or a person gives, in circumstances expressly required or permitted by the Procedures or Rules— to AEMO in its capacity as operator of a capacity auction in which the person participates; or to AEMO in its capacity as operator of a regulated gas market or a gas trading exchange if that information is to be used for the purpose of a capacity auction in which the person participates; s 2 def capacity auction information ins 2018 No. 23 (SA) s 4 (2) capacity auction participant means a person (other than AEMO) who is, or who was at the relevant time, a party to a capacity auction agreement; s 2 def capacity auction participant ins 2018 No. 23 (SA) s 4 (2) Capacity Transfer and Auction Procedures means Procedures directed at the operation and administration of capacity auctions and transaction support arrangements; s 2 def Capacity Transfer and Auction Procedures ins 2018 No. 23 (SA) s 4 (2) changeover date means— a date fixed by or under legislation of a participating jurisdiction for AEMO’s assumption of responsibility for the operation of a gas market in the relevant jurisdiction under this Law and the Rules; or a date fixed by Ministerial Gazette notice as the changeover date; The changeover date may vary from gas market to gas market, from provision to provision and from jurisdiction to jurisdiction. In addition, AEMO’s assumption of statutory functions in a particular participating jurisdiction may occur in stages on different changeover dates. s 2 def changeover date ins 2009 No. 30 (SA) s 6 (2) charge , in relation to a pipeline service, means the amount that is payable by a user to a service provider for the provision of the pipeline service to that user; civil monetary liability means a liability for damages, compensation or any other monetary amount that can be recovered by way of civil proceedings but does not include a liability for a civil penalty or an infringement penalty under this Law or a liability for the costs of a proceeding; s 2 def civil monetary liability ins 2009 No. 30 (SA) s 6 (2) civil penalty —see section 3A ; s 2 def civil penalty sub 2020 No. 37 (SA) s 47 (2) civil penalty provision has the meaning given by section 3 ; classification decision means a decision of the AER under Chapter 3 Part 6 Division 1 ; s 2 def classification decision ins 2022 No. 21 (SA) s 12 (11) classification decision under the Rules ... s 2 def classification decision under the Rules om 2022 No. 21 (SA) s 12 (11) commission , in relation to a pipeline, has the meaning given by section 12 ; Commonwealth Minister means the Minister of the Commonwealth administering the Australian Energy Market Act 2004 of the Commonwealth; compression service facility means— a designated compression service facility; or any other facility or part of a facility (whether or not forming part of another facility or located on or connected to another facility) for compressing covered gas other than— a facility operated as part of a gathering system operated as part of an upstream producing operation for processable gas; or anything downstream of a point on a pipeline from which a person takes covered gas for consumption purposes; s 2 def compression service facility ins 2018 No. 23 (SA) s 4 (2) amd 2023 No. 36 (SA) s 6 (4) – (5) compression service provider means a person who owns, controls or operates a compression service facility; s 2 def compression service provider ins 2022 No. 3 (SA) s 4 (3) conduct provision has the meaning given by section 4 ; constituent components , in relation to a designated regulatory decision, means the matters that constitute the elements or components of the designated regulatory decision and on which that designated regulatory decision is based and includes— matters that go to the making of the designated regulatory decision; and decisions made by the AER for the purposes of the designated regulatory decision; s 2 def constituent components ins 2013 No. 79 (SA) s 19 (1) amd 2021 No. 3 (SA) s 33 (1) coverage determination ... s 2 def coverage determination om 2022 No. 21 (SA) s 12 (12) coverage recommendation ... s 2 def coverage recommendation om 2022 No. 21 (SA) s 12 (12) coverage revocation determination ... s 2 def coverage revocation determination om 2022 No. 21 (SA) s 12 (12) coverage revocation recommendation ... s 2 def coverage revocation recommendation om 2022 No. 21 (SA) s 12 (12) covered gas means the following: a primary gas; a gas blend; s 2 def covered gas ins 2023 No. 36 (SA) s 6 (6) covered gas industry includes— activities and transactions relating to the following: processable gas; biogas; covered gas, including liquefied natural gas, and covered gas services; covered gas industry facilities; services provided by means of covered gas industry facilities; and activities and transactions relating to petroleum tenements; and any other activity or transaction, or type of activity or transaction, specified by the Regulations for the purpose of this definition; s 2 def covered gas industry ins 2023 No. 36 (SA) s 6 (6) covered gas industry facility means the following: a blend processing facility; a compression service facility; a gas processing plant; an LNG facility; a pipeline; a storage facility; a user facility; another facility of a type specified by the Regulations for the purpose of this definition; s 2 def covered gas industry facility ins 2023 No. 36 (SA) s 6 (6) covered gas service means the following: a pipeline service; the supply of covered gas; a service ancillary to the service described in paragraph (b) ; s 2 def covered gas service ins 2023 No. 36 (SA) s 6 (6) covered pipeline ... s 2 def covered pipeline om 2022 No. 21 (SA) s 12 (12) covered pipeline service provider ... s 2 def covered pipeline service provider om 2022 No. 21 (SA) s 12 (12) cross boundary distribution pipeline ... s 2 def cross boundary distribution pipeline om 2022 No. 21 (SA) s 12 (12) cross boundary transmission pipeline ... s 2 def cross boundary transmission pipeline om 2022 No. 21 (SA) s 12 (12) declared distribution system of an adoptive jurisdiction has the meaning given by the application Act of that jurisdiction; s 2 def declared distribution system ins 2009 No. 30 (SA) s 6 (2) declared LNG storage provider of an adoptive jurisdiction has the meaning given by the application Act of that jurisdiction; s 2 def declared LNG storage provider ins 2009 No. 30 (SA) s 6 (2) declared system functions —AEMO’s declared system functions are as set out in section 91BA (1) ; s 2 def declared system functions ins 2009 No. 30 (SA) s 6 (2) declared system provisions means— Chapter 2 Part 6 Division 2 ; and the Rules regulating the declared wholesale gas market of an adoptive jurisdiction or otherwise relevant to Chapter 2 Part 6 Division 2 ; s 2 def declared system provisions ins 2009 No. 30 (SA) s 6 (2) declared transmission system of an adoptive jurisdiction has the meaning given by the application Act of that jurisdiction; s 2 def declared transmission system ins 2009 No. 30 (SA) s 6 (2) declared wholesale gas market means the wholesale market for covered gas defined in the application Act of an adoptive jurisdiction; s 2 def declared wholesale gas market ins 2009 No. 30 (SA) s 6 (2) amd 2023 No. 36 (SA) s 6 (7) designated compression service facility means a facility or part of a facility for compressing covered gas prescribed by the Regulations as a designated compression service facility; s 2 def designated compression service facility ins 2018 No. 23 (SA) s 4 (2) amd 2023 No. 36 (SA) s 6 (8) designated pipeline means a pipeline classified by the Regulations, or designated in the application Act of a participating jurisdiction, as a designated pipeline and includes an extension to, or expansion of the capacity of, the pipeline that is taken to be part of the pipeline under section 18 ; A designated pipeline is a scheme pipeline. See the definition of scheme pipeline . s 2 def designated pipeline sub 2009 No. 30 (SA) s 6 (1) – (2) ; 2022 No. 21 (SA) s 12 (13) designated regulatory decision means an applicable access arrangement decision (other than a decision that does not approve an access arrangement), or a decision prescribed by the Regulations to be a designated regulatory decision; s 2 def designated regulatory decision ins 2013 No. 79 (SA) s 19 (2) amd 2021 No. 3 (SA) s 33 (2) – (3) ; 2022 No. 21 (SA) s 12 (14) developable capacity means the difference between the current capacity of a pipeline and the capacity of a pipeline which would be available if a new facility was constructed, but does not include any new capacity of a pipeline resulting from an extension to the geographic range of a pipeline; s 2 def developable capacity amd 2022 No. 21 (SA) s 12 (15) disposal ... s 2 def disposal ins 2018 No. 23 (SA) s 4 (2) om 2022 No. 3 (SA) s 4 (4) dispute resolution body means the AER; In Western Australia, under the National Gas Access (WA) Act 2009 of Western Australia, section 9 , the dispute resolution body generally is the entity known as the Western Australian Energy Disputes Arbitrator. Dispute resolution panel means a person or panel of persons appointed under the Rules to hear and determine a rule dispute; s 2 def Dispute resolution panel ins 2009 No. 30 (SA) s 6 (2) distribution pipeline means a pipeline that— is classified as a distribution pipeline under a licence or authorisation granted in relation to the pipeline under jurisdictional gas legislation; or if the licence or authorisation mentioned in paragraph (a) does not include a classification of the pipeline—is classified by the AER as a distribution pipeline, and includes a pipeline that is reclassified by the AER as a distribution pipeline; See Chapter 3 Part 6 in relation to the classification and reclassification of pipelines. See also sections 18 and 19 . s 2 def distribution pipeline sub 2022 No. 21 (SA) s 12 (16) distributor means, except where elsewhere defined in this Law, a service provider who owns, operates or controls a scheme pipeline that is a distribution pipeline; s 2 def distributor ins 2011 No. 7 (SA) s 50 (1) amd 2022 No. 21 (SA) s 12 (17) draft Rule determination means a determination of the AEMC under section 308 ; east coast gas system means the following, located wholly or partly within an east coast jurisdiction: a covered gas industry facility; a regulated gas market; a gas trading exchange for which AEMO has established a gas trading exchange agreement; a system, market or other thing specified by the Rules; s 2 def east coast gas system ins 2023 No. 7 (SA) s 4 (1) amd 2023 No. 36 (SA) s 6 (9) east coast gas system direction , for Part 6 Division 1A —see section 91AF (1) ; s 2 def east coast gas system direction ins 2023 No. 7 (SA) s 4 (1) East Coast Gas System Procedures , for Part 6 Division 1A —see section 91AD (1) (h) ; s 2 def East Coast Gas System Procedures ins 2023 No. 7 (SA) s 4 (1) east coast gas system reliability and supply adequacy functions of AEMO are set out in section 91AD ; s 2 def east coast gas system reliability and supply adequacy functions ins 2023 No. 7 (SA) s 4 (1) east coast jurisdiction means a participating jurisdiction other than Western Australia; s 2 def east coast jurisdiction ins 2023 No. 7 (SA) s 4 (1) ECA amendments means the amendments to this Law made by the Statutes Amendment (Energy Consumers Australia) Act 2014 of South Australia; s 2 def ECA amendments ins 2014 No. 21 (SA) s 26 (1) effective competition , for Chapter 2 Part 1 Division 1AA —see section 30AB ; s 2 def effective competition ins 2024 No. 12 (SA) s 13 (3) end user means a person who acquires covered gas for consumption purposes, and includes a retail customer; s 2 def end user sub 2011 No. 7 (SA) s 50 (2) amd 2023 No. 36 (SA) s 6 (10) Energy Consumers Australia or ECA means the company incorporated, or to be incorporated, by the name Energy Consumers Australia Limited; s 2 def Energy Consumers Australia or ECA ins 2014 No. 21 (SA) s 26 (2) energy ombudsman has the same meaning as in the National Energy Retail Law; s 2 def energy ombudsman ins 2011 No. 7 (SA) s 50 (1) Energy Security Board means the Energy Security Board referred to in section 2 (1) of the NEL; s 2 def Energy Security Board ins 2018 No. 12 (SA) s 21 (2) ERA means the Economic Regulation Authority established by section 4 of the Economic Regulation Authority Act 2003 of Western Australia; excluded infrastructure , in relation to a pipeline, means tanks, reservoirs, machinery, equipment or other infrastructure that forms part of the pipeline but is classified by the Rules as excluded infrastructure for the purposes of this Law; s 2 def excluded infrastructure ins 2022 No. 21 (SA) s 12 (18) exempted participant means a person exempted from registration as a Registered participant; s 2 def exempted participant ins 2009 No. 30 (SA) s 6 (2) extension and expansion requirements means— the requirements contained in an access arrangement that, in accordance with the Rules, specify— the circumstances when an extension to a scheme pipeline is to be treated as forming part of the scheme pipeline; and whether the pipeline services provided or to be provided by means of, or in connection with, spare capacity arising out of an extension to a scheme pipeline will be subject to the applicable access arrangement applying to the pipeline services to which that arrangement applies; and whether an extension to, or expansion of the capacity of, a scheme pipeline will affect a reference tariff and, if so, the effect on the reference tariff; and any other requirements specified by the Rules as extension and expansion requirements; See also sections 18 and 19 . s 2 def extension and expansion requirements amd 2022 No. 21 (SA) s 12 (19) final Rule determination means a determination of the AEMC under section 311 ; financial risk management product , for Chapter 2 Part 1 Division 1AA —see section 30AA ; s 2 def financial risk management product ins 2024 No. 12 (SA) s 13 (4) foreign company has the same meaning as in the Corporations Act 2001 of the Commonwealth; foreign source means— source beyond the outer limits of all of the following: the adjacent area of this jurisdiction; the adjacent area of another participating jurisdiction; or a source within the joint petroleum development area (within the meaning of the Petroleum (Timor Sea Treaty) Act 2003 of the Commonwealth); former gas market operator means any of the following: VENCorp; Gas Market Company Limited (ACN 095 400 258); in relation to South Australia (but not Western Australia)—Retail Energy Market Company Limited (ACN 103 318 556); the gas retail market operator appointed under section 257A of the Gas Supply Act 2003 (Qld) ; s 2 def former gas market operator ins 2009 No. 30 (SA) s 6 (2) form of regulation factors has the meaning given by section 16 ; full access arrangement ... s 2 def full access arrangement om 2022 No. 21 (SA) s 12 (20) full access arrangement decision ... s 2 def full access arrangement decision om 2022 No. 21 (SA) s 12 (20) gas blend means primary gases that have been blended together; s 2 def gas blend ins 2023 No. 36 (SA) s 6 (11) Gas Bulletin Board means the website maintained by AEMO that contains information of the kind specified in the Rules for the covered gas industry; s 2 def Gas Bulletin Board ins 2023 No. 36 (SA) s 6 (11) Gas Code means the National Third Party Access Code for Natural Gas Pipeline Systems set out in Schedule 2 to the Gas Pipelines Access (South Australia) Act 1997 of South Australia as in force from time to time before the commencement of section 20 of the National Gas (South Australia) Act 2008 of South Australia; gas contract , for Chapter 2 Part 1 Division 1AA —see section 30AA ; s 2 def gas contract ins 2024 No. 12 (SA) s 13 (5) gas market operator ... s 2 def gas market operator om 2009 No. 30 (SA) s 6 (1) gas powered generator means the owner, controller or operator of a generating system, within the meaning of the National Electricity Rules , that is powered by covered gas; s 2 def gas powered generator ins 2023 No. 7 (SA) s 4 (2) amd 2023 No. 36 (SA) s 6 (12) gas statement of opportunities means the statement published under Chapter 2 Part 6 Division 4 ; s 2 def gas statement of opportunities ins 2009 No. 30 (SA) s 6 (2) gas trading exchange means a facility through which persons may elect to buy and sell covered gas or related goods or services, including a pipeline capacity right; s 2 def gas trading exchange ins 2013 No. 54 (SA) s 4 (1) amd 2023 No. 36 (SA) s 6 (13) – (14) gas trading exchange agreement means an agreement that relates to participation in, and the operation and administration of, a gas trading exchange established by AEMO to which AEMO (or a person appointed by AEMO to operate the gas trading exchange), and a person who becomes a member of the exchange, are parties; s 2 def gas trading exchange agreement ins 2013 No. 54 (SA) s 4 (1) gas trading exchange functions —AEMO’s gas trading exchange functions are as set out in section 91BRK ; s 2 def gas trading exchange functions ins 2013 No. 54 (SA) s 4 (1) gas trading exchange member means a person who is (or who was at the relevant time) a member of a gas trading exchange under a gas trading exchange agreement; s 2 def gas trading exchange member ins 2013 No. 54 (SA) s 4 (1) general market information order means an order under section 91F (1) (a) requiring information from persons of a class specified in the order; s 2 def general market information order ins 2009 No. 30 (SA) s 6 (2) general regulatory information order has the meaning given by section 45 ; greenfields incentive determination has the meaning given by section 100 ; s 2 def greenfields incentive determination ins 2022 No. 21 (SA) s 12 (21) greenfields pipeline incentive ... s 2 def greenfields pipeline incentive om 2022 No. 21 (SA) s 12 (21) greenfields pipeline project means a project for the construction of— a pipeline that is to be structurally separate from any existing pipeline; or a major extension to an existing pipeline; s 2 def greenfields pipeline project ins 2022 No. 21 (SA) s 12 (21) greenfields price protection determination has the meaning given by section 109 ; s 2 def greenfields price protection determination ins 2022 No. 21 (SA) s 12 (21) GSOO information means information that— a person gives to AEMO to comply with section 91DB ; or a person gives to AEMO for the preparation of the gas statement of opportunities in circumstances expressly permitted by the Rules; s 2 def GSOO information ins 2022 No. 3 (SA) s 4 (5) GSOO Procedures means Procedures directed at regulating the collection of information for the gas statement of opportunities; s 2 def GSOO Procedures ins 2022 No. 3 (SA) s 4 (5) GTE amendments means the amendments to this Law made by the National Gas (South Australia) (Gas Trading Exchanges) Amendment Act 2013 ; s 2 def GTE amendments ins 2013 No. 54 (SA) s 4 (2) haulage , in relation to covered gas, includes conveyance or reticulation of covered gas; s 2 def haulage amd 2023 No. 36 (SA) s 6 (15) initial classification decision ... s 2 def initial classification decision om 2022 No. 21 (SA) s 12 (22) initial National Gas Procedures means National Gas Procedures made under section 294A and includes Wholesale Market Procedures and BB Procedures in force immediately before the commencement of the National Gas (South Australia) (National Gas Law—Australian Energy Market Operator) Amendment Act 2009 ; s 2 def initial National Gas Procedures ins 2009 No. 30 (SA) s 6 (2) initial National Gas Rules means the Initial National Gas Rules made under Chapter 9 Part 2 ; s 2 def initial National Gas Rules sub 2009 No. 30 (SA) s 6 (1) – (2) amd 2009 No. 46 (SA) s 4 (2) ; 2011 No. 7 (SA) s 50 (2) ; 2014 No. 21 (SA) s 26 (3) ; 2018 No. 12 (SA) s 21 (1) initial Operational Transportation Service Code means the Operational Transportation Service Code made under section 294DA ; s 2 def initial Operational Transportation Service Code ins 2018 No. 23 (SA) s 4 (2) innovative trial principles —see section 24A ; s 2 def innovative trial principles ins 2022 No. 22 (SA) s 32 (2) international pipeline ... s 2 def international pipeline om 2022 No. 21 (SA) s 12 (22) jurisdictional determination criteria ... s 2 def jurisdictional determination criteria om 2022 No. 21 (SA) s 12 (22) jurisdictional gas legislation means an Act of a participating jurisdiction (other than national gas legislation), or any instrument made or issued under or for the purposes of that Act, that regulates the haulage of gas in that jurisdiction; jurisdictional regulator means— for New South Wales—the Independent Pricing and Regulatory Tribunal of New South Wales established by section 5 (1) of the Independent Pricing and Regulatory Tribunal Act 1992 of New South Wales; for Victoria—the Essential Services Commission established by section 7 (1) of the Essential Services Commission Act 2001 of Victoria; for Queensland—the Queensland Competition Authority established by section 7 of the Queensland Competition Authority Act 1997 of Queensland; for South Australia—the Essential Services Commission established by section 4 (1) of the Essential Services Commission Act 2002 of South Australia; for Tasmania—the Director of Gas appointed under section 7 of the Gas Act 2000 of Tasmania; for the Australian Capital Territory—the Independent Competition and Regulatory Commission for the Australian Capital Territory established by section 5 (1) of the Independent Competition and Regulatory Commission Act 1997 of the Australian Capital Territory; any other person or body— to which the functions of the jurisdictional regulator for a participating jurisdiction are assigned by or under an Act of the participating jurisdiction; or that is prescribed by the Regulations as jurisdictional regulator of a participating jurisdiction; s 2 def jurisdictional regulator ins 2009 No. 30 (SA) s 6 (2) light regulation determination ... s 2 def light regulation determination om 2022 No. 21 (SA) s 12 (22) light regulation services ... s 2 def light regulation services om 2022 No. 21 (SA) s 12 (22) limited access arrangement ... s 2 def limited access arrangement om 2022 No. 21 (SA) s 12 (22) limited access arrangement decision ... s 2 def limited access arrangement decision om 2022 No. 21 (SA) s 12 (22) listed corporation has the meaning given by section 9 of the Corporations Act 2001 of the Commonwealth; s 2 def listed corporation ins 2020 No. 37 (SA) s 47 (3) LNG facility means a facility for the processing of natural gas from a gaseous to a liquefied state or from a liquefied to a gaseous state; s 2 def LNG facility ins 2022 No. 3 (SA) s 4 (6) LNG service provider means a person who owns, controls or operates an LNG facility; s 2 def LNG service provider ins 2022 No. 3 (SA) s 4 (6) local regulation means the regulations under the application Act of a participating jurisdiction; s 2 def local regulation ins 2023 No. 36 (SA) s 6 (16) market information instrument means a general market information order or a market information notice; s 2 def market information instrument ins 2009 No. 30 (SA) s 6 (2) market information notice means a notice under section 91F (1) (b) requiring information from the person to whom the notice is addressed; s 2 def market information notice ins 2009 No. 30 (SA) s 6 (2) market operator service means a service classified under the Rules as a market operator service; s 2 def market operator service ins 2009 No. 46 (SA) s 16 MCE means the group of Ministers (constituting or forming part of a Ministerial Council, Standing Council of Ministers or similar body (however described)) responsible for energy matters at a national level comprising 9 Ministers as follows: 1 Minister from the Commonwealth; 1 Minister from each State (totalling 6 Ministers); 1 Minister from each Territory (totalling 2 Ministers), acting in accordance with its own procedures; s 2 def MCE sub 2021 No. 3 (SA) s 33 (4) MCE directed review means a review conducted by the AEMC under Chapter 2 Part 2 Division 4 ; MCE statement of policy principles means a statement of policy principles issued by the MCE under section 25 ; minimum ring fencing requirement means a requirement under Chapter 4 Part 2 Division 2 ; Ministerial coverage decision ... s 2 def Ministerial coverage decision om 2022 No. 21 (SA) s 12 (22) Ministerial Gazette notice means a notice in the South Australian Government Gazette published by the South Australian Minister on the recommendation of the MCE; s 2 def Ministerial Gazette notice ins 2009 No. 30 (SA) s 6 (2) Minister of a participating jurisdiction means a Minister who is a Minister of a participating jurisdiction within the meaning of section 22 ; National Electricity Law means the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia; s 2 def National Electricity Law ins 2011 No. 7 (SA) s 50 (1) National Electricity Rules has the same meaning as in the National Electricity Law; s 2 def National Electricity Rules ins 2011 No. 7 (SA) s 50 (1) National Energy Retail Law means the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia; s 2 def National Energy Retail Law ins 2011 No. 7 (SA) s 50 (1) National Energy Retail Rules has the same meaning as in the National Electricity Law; s 2 def National Energy Retail Rules ins 2011 No. 7 (SA) s 50 (1) national gas legislation means— the National Gas (South Australia) Act 2008 of South Australia and Regulations in force under that Act; and the National Gas (South Australia) Law; and the National Gas Access (WA) Act 2009 of Western Australia; and the National Gas Access (Western Australia) Law within the meaning given in the National Gas Access (WA) Act 2009 of Western Australia; and Regulations made under the National Gas Access (WA) Act 2009 of Western Australia for the purposes of the National Gas Access (Western Australia) Law; and an Act of a participating jurisdiction (other than South Australia or Western Australia) that applies, as a law of that jurisdiction, any part of— the Regulations referred to in paragraph (a) ; or the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia; and the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia as applied as a law of a participating jurisdiction (other than South Australia or Western Australia); and the Regulations referred to in paragraph (a) as applied as a law of a participating jurisdiction (other than South Australia or Western Australia); s 2 def national gas legislation amd 2009 No. 30 (SA) s 6 (3) national gas objective means the objective set out in section 23 ; National Gas Procedures or Procedures means— the initial National Gas Procedures; and Procedures made by AEMO under this Law, including Procedures that amend or revoke the initial National Gas Procedures or Procedures earlier made by AEMO; s 2 def National Gas Procedures or Procedures ins 2009 No. 30 (SA) s 6 (2) National Gas Rules or Rules means— the initial National Gas Rules; and Rules made under Chapter 9 Part 2 Division 2 ; and Rules made by the AEMC under this Law, including Rules that amend or revoke— the initial National Gas Rules or Rules made under Chapter 9 Part 2 Division 2 ; or Rules made by it; s 2 def National Gas Rules or Rules amd 2018 No. 12 (SA) s 21 (3) – (4) natural gas means a substance that— is in a gaseous state at standard temperature and pressure; and consists of naturally occurring hydrocarbons, or a naturally occurring mixture of hydrocarbons and non-hydrocarbons, the principal constituent of which is methane; and is suitable for consumption; natural gas industry ... s 2 def natural gas industry ins 2022 No. 3 (SA) s 4 (7) om 2023 No. 36 (SA) s 6 (17) natural gas industry facility ... s 2 def natural gas industry facility ins 2022 No. 3 (SA) s 4 (7) om 2023 No. 36 (SA) s 6 (18) natural gas service ... s 2 def natural gas service om 2023 No. 36 (SA) s 6 (19) Natural Gas Services Bulletin Board ... s 2 def Natural Gas Services Bulletin Board sub 2009 No. 30 (SA) s 6 (1) – (2) amd 2018 No. 23 (SA) s 4 (3) ; 2022 No. 3 (SA) s 4 (8) om 2023 No. 36 (SA) s 6 (20) NCC ... s 2 def NCC om 2022 No. 21 (SA) s 12 (22) NCC recommendation or decision ... s 2 def NCC recommendation or decision om 2022 No. 21 (SA) s 12 (22) new facility means an extension to, or expansion of the capacity of, a pipeline which is to be treated as part of the pipeline— in accordance with the extension and expansion requirements contained in an applicable access arrangement applying to the pipeline services provided by means of that pipeline; or under this Law; See also sections 18 and 19 . s 2 def new facility amd 2022 No. 21 (SA) s 12 (23) no-coverage recommendation ... s 2 def no-coverage recommendation om 2022 No. 21 (SA) s 12 (24) non-scheme pipeline means a pipeline other than a scheme pipeline; s 2 def non-scheme pipeline ins 2022 No. 21 (SA) s 12 (24) non-scheme pipeline access dispute means an access dispute that involves a non-scheme pipeline; s 2 def non-scheme pipeline access dispute ins 2022 No. 21 (SA) s 12 (24) non scheme pipeline user ... s 2 def non scheme pipeline user om 2022 No. 21 (SA) s 12 (24) offence provision means a provision of this Law the breach or contravention of which by a person exposes that person to a finding of guilt by a court; officer has the same meaning as officer has in relation to a corporation under section 9 of the Corporations Act 2001 of the Commonwealth; old access law means Schedule 1 to the Gas Pipelines Access (South Australia) Act 1997 of South Australia as in force from time to time before the commencement of section 20 of the National Gas (South Australia) Act 2008 of South Australia; old scheme classification or determination means a classification or determination under section 10 or 11 of the old access law in force at any time before the repeal of the old access law; old scheme distribution pipeline means a pipeline that was, at any time before the repeal of the old access law— a distribution pipeline as defined in that law; and a covered pipeline as defined in the Gas Code; old scheme transmission pipeline means a pipeline that was, at any time before the repeal of the old access law— a transmission pipeline as defined in that law; and a covered pipeline as defined in the Gas Code; operational transportation service means— a transportation service that is provided under an operational transportation service agreement using transferred transportation capacity; and a service ancillary to the provision of a service referred to in paragraph (a) ; s 2 def operational transportation service ins 2018 No. 23 (SA) s 4 (2) operational transportation service agreement means an agreement between a transportation service provider and a transportation facility user that provides for— the transportation facility user to receive a transfer of transportation capacity acquired through any of the following means— a capacity auction; or a gas trading exchange; or any other means provided for in the agreement; and the terms and conditions applicable to the use of that transportation capacity; s 2 def operational transportation service agreement ins 2018 No. 23 (SA) s 4 (2) Operational Transportation Service Code has the meaning given by section 228H ; s 2 def Operational Transportation Service Code ins 2018 No. 23 (SA) s 4 (2) operative period , for a greenfields incentive determination, has the meaning given by section 102 (2) ; s 2 def operative period ins 2022 No. 21 (SA) s 12 (25) participating jurisdiction means a jurisdiction that is a participating jurisdiction by reason of section 21 ; petroleum includes any naturally occurring hydrocarbon, mixture of hydrocarbons or mixture of hydrocarbons and non-hydrocarbons, whether in gaseous, liquid or solid state; s 2 def petroleum ins 2022 No. 3 (SA) s 4 (9) petroleum tenement means a right granted under law to explore for, extract, recover or process petroleum; s 2 def petroleum tenement ins 2022 No. 3 (SA) s 4 (9) pipeline means— a pipe or system of pipes for the haulage of covered gas, and any tanks, reservoirs, machinery or equipment directly attached to that pipe or system of pipes; or a proposed pipe or system of pipes for the haulage of covered gas, and any proposed tanks, reservoirs, machinery or equipment proposed to be directly attached to the proposed pipe or system of pipes; or a part of a pipe or system of pipes or proposed pipe or system of pipes referred to in paragraph (a) or (b) , but does not include— unless paragraph (e) applies, anything upstream of a prescribed exit flange on a pipeline conveying covered gas from a prescribed gas processing plant; or if a connection point upstream of an exit flange on such a pipeline is prescribed, anything upstream of that point; or a gathering system operated as part of an upstream producing operation for processable gas; or any tanks, reservoirs, machinery, plant, facility or equipment used to remove or add components to or change covered gas (other than odourisation facilities) such as a gas processing plant or blend processing facility; or anything downstream of a point on a pipeline from which a person takes covered gas for consumption purposes; in relation to a blend processing facility—anything from the point on a pipeline from which covered gas is taken for blend processing to the point where the gas blend is injected into the pipeline or another pipeline; See also sections 18 and 19 . s 2 def pipeline amd 2023 No. 36 (SA) s 6 (21) – (25) pipeline capacity right means a right under a contract with a service provider to be provided with a pipeline service, by means of a pipeline, for a given quantity of covered gas over a given period of time; s 2 def pipeline capacity right ins 2022 No. 21 (SA) s 12 (26) amd 2023 No. 36 (SA) s 6 (26) pipeline classification criterion has the meaning given by section 13 ; pipeline coverage criteria ... s 2 def pipeline coverage criteria om 2022 No. 21 (SA) s 12 (27) pipeline interconnection principles has the meaning given by section 136 ; s 2 def pipeline interconnection principles ins 2022 No. 21 (SA) s 12 (27) pipeline reliability standard means a standard imposed by or under an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act, relating to the reliable haulage of covered gas in that jurisdiction; s 2 def pipeline reliability standard amd 2023 No. 36 (SA) s 6 (27) pipeline safety duty means a duty or requirement under an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act, relating to— the safe haulage of covered gas in that jurisdiction; or the safe operation of a pipeline in that jurisdiction; s 2 def pipeline safety duty amd 2023 No. 36 (SA) s 6 (28) pipeline service means— service provided by means of a pipeline, including— a haulage service (such as firm haulage, interruptible haulage, spot haulage and backhaul); and a service providing for, or facilitating, the interconnection of pipelines; or a service ancillary to the provision of a service referred to in paragraph (a) , but does not include— the production of a primary gas, a processable gas or biogas; or the sale or purchase of a covered gas, a processable gas or biogas; or a blend processing service; s 2 def pipeline service amd 2022 No. 21 (SA) s 12 (28) ; 2023 No. 36 (SA) s 6 (29) pipeline service standard means a standard relating to the standard of the pipeline services provided by a service provider imposed— by or under jurisdictional gas legislation; or by the AER— under an access arrangement decision; or in accordance with the Rules; s 2 def pipeline service standard amd 2023 No. 36 (SA) s 6 (30) prescribed transparency information has the meaning given by section 136C ; s 2 def prescribed transparency information ins 2022 No. 21 (SA) s 12 (29) price information order has the meaning given by section 46A ; s 2 def price information order ins 2022 No. 3 (SA) s 4 (10) price or revenue regulation ... s 2 def price or revenue regulation om 2022 No. 21 (SA) s 12 (29) price regulation exemption ... s 2 def price regulation exemption om 2022 No. 21 (SA) s 12 (29) price regulation exemption recommendation ... s 2 def price regulation exemption recommendation om 2022 No. 21 (SA) s 12 (29) primary capacity transaction ... s 2 def primary capacity transaction ins 2018 No. 23 (SA) s 4 (2) om 2022 No. 3 (SA) s 4 (11) primary gas means the following: natural gas; hydrogen; biomethane; synthetic methane; a substance prescribed by the Regulations for the purpose of this definition; a substance prescribed as a primary gas in a participating jurisdiction by a local regulation of the participating jurisdiction; s 2 def primary gas ins 2023 No. 36 (SA) s 6 (31) processable gas means a substance that— is in a gaseous state at standard temperature and pressure; and consists of naturally occurring hydrocarbons, or a naturally occurring mixture of hydrocarbons and non-hydrocarbons, the principal constituent of which is methane; producer means a person who carries on a business of producing 1 or more primary gases; s 2 def producer amd 2023 No. 36 (SA) s 6 (32) prospective user has the meaning given by section 5 ; protected information has the meaning given by section 91G ; s 2 def protected information ins 2009 No. 30 (SA) s 6 (2) queuing requirements means terms and conditions providing for the priority that a prospective user has, as against any other prospective user, to obtain access to spare capacity and developable capacity; rate of return instrument —see section 30D (2) ; s 2 def rate of return instrument ins 2018 No. 33 (SA) s 13 (2) reclassification decision means a decision of the AER under Chapter 3 Part 6 Division 2 ; s 2 def reclassification decision sub 2022 No. 21 (SA) s 12 (30) recognised energy industry ombudsman ... s 2 def recognised energy industry ombudsman ins 2009 No. 30 (SA) s 6 (2) om 2011 No. 7 (SA) s 50 (4) reference service means a pipeline service specified by, or determined or approved by the AER under, the Rules as a reference service; reference tariff means a tariff or charge for a reference service— specified in an applicable access arrangement approved or made under an access arrangement decision; or determined by applying the formula or methodology contained in an applicable access arrangement approved or made under an access arrangement decision; s 2 def reference tariff amd 2022 No. 21 (SA) s 12 (31) Registered participant means a person registered as such by AEMO under this Law ( section 91BJ , section 91BRD or section 91LB ) and the Rules, but does not include a transportation service provider registered under section 91BRR ; s 2 def Registered participant ins 2009 No. 30 (SA) s 6 (2) amd 2009 No. 46 (SA) s 4 (3) ; 2018 No. 23 (SA) s 4 (4) regulated gas market means— a declared wholesale gas market; or a short term trading market; or a regulated retail gas market; s 2 def regulated gas market ins 2009 No. 30 (SA) s 6 (2) amd 2009 No. 46 (SA) s 4 (4) regulated retail gas market has the meaning given by section 91L (2) ; s 2 def regulated retail gas market ins 2009 No. 30 (SA) s 6 (2) Regulations means the regulations made under Part 3 of the National Gas (South Australia) Act 2008 of South Australia that apply as a law of this jurisdiction; regulatory information instrument means— a general regulatory information order; or a regulatory information notice; a price information order; s 2 def regulatory information instrument amd 2022 No. 3 (SA) s 4 (12) regulatory information notice has the meaning given by section 46 ; regulatory obligation or requirement has the meaning given by section 6 ; regulatory payment has the meaning given by section 7 ; relevant entity , for Part 6 Division 1A —see section 91AF (8) ; s 2 def relevant entity ins 2023 No. 7 (SA) s 4 (3) relevant adjudicator means— for a scheme pipeline access dispute—the dispute resolution body; or for a non-scheme pipeline access dispute—the arbitrator for the dispute; s 2 def relevant adjudicator ins 2022 No. 21 (SA) s 12 (32) relevant agreement , for Chapter 2 Part 1 Division 1AA —see section 30AA ; s 2 def relevant agreement ins 2024 No. 12 (SA) s 13 (6) relevant Minister ... s 2 def relevant Minister om 2022 No. 21 (SA) s 12 (32) relevant Regulator has the same meaning as in section 2 of the old access law; REMCo means the Retail Energy Market Company Limited (ACN 103 318 556); s 2 def REMCo ins 2009 No. 30 (SA) s 6 (2) retail customer means a person to whom covered gas is sold for premises by a retailer. s 2 def retail customer ins 2011 No. 7 (SA) s 50 (1) amd 2023 No. 36 (SA) s 6 (33) retailer means a person who is the holder of a retailer authorisation issued under the National Energy Retail Law in respect of the sale of gas; s 2 def retailer ins 2011 No. 7 (SA) s 50 (1) retail gas market has the meaning given by section 91L (1) ; s 2 def retail gas market ins 2009 No. 30 (SA) s 6 (2) Retail Market Procedures means Procedures directed at regulating a retail gas market; s 2 def Retail Market Procedures ins 2009 No. 30 (SA) s 6 (2) revenue and pricing principles , in relation to a pipeline service provided by means of a scheme pipeline, means the principles set out in section 24 ; s 2 def revenue and pricing principles amd 2022 No. 21 (SA) s 12 (33) reviewable regulatory decision ... s 2 def reviewable regulatory decision ins 2013 No. 79 (SA) s 19 (3) om 2021 No. 3 (SA) s 33 (5) ring fencing decision means— an AER ring fencing determination; or a decision granting or not granting an exemption under Rules made under section 148A ; or an associate contract decision; s 2 def ring fencing decision amd 2022 No. 21 (SA) s 12 (34) rule dispute means a dispute for the resolution of which provision is made in the Rules; s 2 def rule dispute ins 2009 No. 30 (SA) s 6 (2) scheme pipeline means— a pipeline to which a scheme pipeline determination applies; or a designated pipeline; or a pipeline in respect of which a scheme pipeline election takes effect; However, see section 99 in relation to when a pipeline the subject of a scheme pipeline revocation determination ceases to be a scheme pipeline. s 2 def scheme pipeline sub 2022 No. 21 (SA) s 12 (35) scheme pipeline access dispute means an access dispute that involves a scheme pipeline; s 2 def scheme pipeline access dispute ins 2022 No. 21 (SA) s 12 (35) scheme pipeline determination has the meaning given by section 92 (1) ; s 2 def scheme pipeline determination ins 2022 No. 21 (SA) s 12 (35) scheme pipeline election has the meaning given by section 95 ; s 2 def scheme pipeline election ins 2022 No. 21 (SA) s 12 (35) scheme pipeline revocation determination means a determination made under section 97 (1) ; s 2 def scheme pipeline revocation determination ins 2022 No. 21 (SA) s 12 (35) scheme pipeline service provider means a service provider who provides or intends to provide pipeline services by means of a scheme pipeline; s 2 def scheme pipeline service provider ins 2022 No. 21 (SA) s 12 (35) secondary capacity transaction ... s 2 def secondary capacity transaction ins 2018 No. 23 (SA) s 4 (2) om 2022 No. 3 (SA) s 4 (13) service provider has the meaning given by section 8 ; service provider performance report means a report prepared by the AER under section 64 ; short term trading market means a market for the supply of covered gas that— operates in an adoptive jurisdiction; and is defined in a Rule made for the purposes of Chapter 2 Part 6 Division 2A to be a short term trading market of that adoptive jurisdiction; There may be more than 1 short term trading market of an adoptive jurisdiction. s 2 def short term trading market ins 2009 No. 46 (SA) s 4 (5) amd 2023 No. 36 (SA) s 6 (34) small shipper has the meaning given by section 8AB ; s 2 def small shipper ins 2022 No. 21 (SA) s 12 (36) South Australian Minister means the Minister of the Crown in right of South Australia administering Part 2 of the National Gas (South Australia) Act 2008 of South Australia; s 2 def South Australian Minister ins 2022 No. 21 (SA) s 12 (36) spare capacity means unutilised capacity of a pipeline; standard gas day means the 24 hour period starting at the time specified in the standard market timetable; s 2 def standard gas day ins 2018 No. 23 (SA) s 4 (2) standard market timetable means the standard market timetable provided for in the Rules in accordance with section 83B ; s 2 def standard market timetable ins 2018 No. 23 (SA) s 4 (2) standard OTSA means an operational transportation service agreement within the meaning of section 228B as amended from time to time; s 2 def standard OTSA ins 2018 No. 23 (SA) s 4 (2) statutory functions , in relation to AEMO, means functions or powers conferred under— this Law, the Rules or the Procedures; or the National Electricity Law or the National Electricity Rules; s 2 def statutory functions ins 2009 No. 30 (SA) s 6 (2) storage facility means a facility for storing processable gas, biogas or covered gas (including liquefied natural gas) before or after processing, blending or separating; s 2 def storage facility ins 2022 No. 3 (SA) s 4 (14) amd 2023 No. 36 (SA) s 6 (35) – (36) storage provider means any person who owns, controls or operates a storage facility; s 2 def storage provider sub 2022 No. 3 (SA) s 4 (14) STTM amendments means— the amendments to this Law made by the National Gas (South Australia) (Short Term Trading Market) Amendment Act 2009 of South Australia; and the amendments to the Rules made under section 294B ; and the STTM Procedures first made under this Law after the enactment of the amendments referred to in paragraph (a) ; s 2 def STTM amendments ins 2009 No. 46 (SA) s 4 (5) STTM functions —AEMO’s STTM functions are as set out in section 91BRB ; s 2 def STTM functions ins 2009 No. 46 (SA) s 4 (5) STTM hub means a point or points, situated in an adoptive jurisdiction, specified in the Rules or STTM Procedures, at which a short term trading market operates; s 2 def STTM hub ins 2009 No. 46 (SA) s 4 (5) STTM information means information that— a person gives to AEMO, to comply with section 91FEA (1) ; or a person gives, in circumstances expressly required or permitted by the Procedures or Rules— to AEMO in its capacity as operator of a short term trading market in which the person participates; to AEMO in its capacity as operator of another regulated gas market if that information is to be used for the purpose of a short term trading market in which the person participates; s 2 def STTM information ins 2009 No. 46 (SA) s 4 (5) STTM Procedures means Procedures directed at regulating a short term trading market; s 2 def STTM Procedures ins 2009 No. 46 (SA) s 4 (5) STTM trading participant means a person referred to in section 91BRC ; s 2 def STTM trading participant ins 2009 No. 46 (SA) s 4 (5) superseded jurisdictional rules means— legislation (including subordinate legislation) of a participating jurisdiction regulating the gas industry in that jurisdiction that— was in force immediately before the relevant changeover date; and is superseded by the AEMO amendments; and rules to which a member of a corporate former gas market operator was subject, immediately before the relevant changeover date, under the constitution of the former gas market operator; and a licence condition governing the activities of the licensee in, or in relation to, a regulated retail gas market in a participating jurisdiction— in force immediately before the relevant changeover date; and superseded by the AEMO amendments; and a guideline, code, standard or other instrument governing the operation or regulation of a gas market in a participating jurisdiction— made or issued by the jurisdictional regulator; and in force immediately before the relevant changeover date; and superseded by the AEMO amendments; The Gas Market Retail Rules (Vic) and the Gas Industry Market and System Operation Rules (Vic) . The Gas Retail Market Business Rules to Support Retail Competition in Gas (NSW) . The Gas Market Retail Rules (Qld) . The Retail Market Rules (SA) . s 2 def superseded jurisdictional rules ins 2009 No. 30 (SA) s 6 (2) supply includes— in relation to goods—supply (including re-supply) by way of sale, exchange, lease, hire or hire purchase; and in relation to services—provide, grant or confer; synthetic methane means a substance— that is in a gaseous state at standard temperature and pressure; and the principal constituent of which is methane; and that is produced by the methanation of carbon dioxide; and that is suitable for consumption; s 2 def synthetic methane ins 2023 No. 36 (SA) s 6 (37) tariff means a rate by which a charge for a pipeline service is calculated; tender approval decision ... s 2 def tender approval decision om 2022 No. 21 (SA) s 12 (37) Territory means the Australian Capital Territory or the Northern Territory; trader means a person who— buys or sells covered gas; and in doing so is not acting in some other registrable capacity; and where the person is the purchaser of covered gas, is not buying the covered gas for the purchaser’s own use; s 2 def trader ins 2009 No. 30 (SA) s 6 (2) amd 2023 No. 36 (SA) s 6 (38) transaction support arrangements means arrangements to facilitate transactions with respect to transportation capacity and related goods and services concluded or to be concluded through a gas trading exchange or a capacity auction; s 2 def transaction support arrangements ins 2018 No. 23 (SA) s 4 (2) transfer , in relation to transportation capacity, includes a reduction in a person’s right to the transportation capacity and a corresponding increase in another person’s right to transportation capacity, whether or not on the same terms and conditions; s 2 def transfer ins 2018 No. 23 (SA) s 4 (2) transmission pipeline means a pipeline that— is classified as a transmission pipeline under a licence or authorisation granted in relation to the pipeline under jurisdictional gas legislation; or if the licence or authorisation mentioned in paragraph (a) does not include a classification of the pipeline—is classified by the AER as a transmission pipeline, and includes a pipeline that is reclassified by the AER as a transmission pipeline; See Chapter 3 Part 6 in relation to the classification and reclassification of pipelines. See also sections 18 and 19 . s 2 def transmission pipeline sub 2022 No. 21 (SA) s 12 (38) transportation capacity means a right under a contract with a transportation service provider to be provided with a transportation service by means of a transportation facility, for a given quantity of covered gas over a given period of time; s 2 def transportation capacity ins 2018 No. 23 (SA) s 4 (2) amd 2023 No. 36 (SA) s 6 (39) transportation facility means— a pipeline; or a compression service facility; or another facility of a type specified by the Regulations for the purposes of this paragraph; s 2 def transportation facility ins 2018 No. 23 (SA) s 4 (2) transportation facility user means a person who is a party to a contract with a transportation service provider under which the transportation service provider provides, or intends to provide, a transportation service to that person by means of a transportation facility and includes a user; s 2 def transportation facility user ins 2018 No. 23 (SA) s 4 (2) amd 2022 No. 21 (SA) s 12 (39) transportation service means— a pipeline service; or a service provided by means of a compression service facility; or a service provided by means of any other facility of a type specified by the Regulations for the purposes of paragraph (c) of the definition of transportation facility ; s 2 def transportation service ins 2018 No. 23 (SA) s 4 (2) transportation service provider means a person who owns, controls or operates a transportation facility; s 2 def transportation service provider ins 2018 No. 23 (SA) s 4 (2) trial project means a project— that— the AER is satisfied is genuinely innovative taking into account the innovative trial principles (in relation to a trial waiver for a trial project); or the AEMC is satisfied is genuinely innovative taking into account the innovative trial principles (in relation to a trial Rule for the purposes of a trial project); and tests an approach in relation to covered gas services; s 2 def trial project ins 2022 No. 22 (SA) s 32 (3) amd 2023 No. 36 (SA) s 6 (40) trial Rule —see section 290 ; s 2 def trial Rule ins 2022 No. 22 (SA) s 32 (3) trial waiver —see section 30W ; s 2 def trial waiver ins 2022 No. 22 (SA) s 32 (3) Tribunal means the Australian Competition Tribunal referred to in the Competition and Consumer Act 2010 of the Commonwealth and includes a member of the Tribunal or a Division of the Tribunal performing functions of the Tribunal; user means a person who— is a party to a contract with a service provider under which the service provider provides or intends to provide a pipeline service to that person by means of a pipeline; or has a right under an access determination to be provided with a pipeline service by means of a pipeline; s 2 def user amd 2022 No. 21 (SA) s 12 (40) user facility means a facility by means of which covered gas is consumed (including by transformation of the gas into a new form) and which is not any other form of covered gas industry facility; s 2 def user facility ins 2022 No. 3 (SA) s 4 (15) amd 2023 No. 36 (SA) s 6 (41) user or consumer association ... s 2 def user or consumer association ins 2013 No. 79 (SA) s 19 (4) om 2022 No. 21 (SA) s 12 (41) user or consumer interest group ... s 2 def user or consumer interest group ins 2013 No. 79 (SA) s 19 (4) om 2022 No. 21 (SA) s 12 (41) VENCorp means the Victorian Energy Networks Corporation continued under Part 8 of the Gas Industry Act 2001 of Victoria until the AEMO amendments come into force; s 2 def VENCorp sub 2009 No. 30 (SA) s 6 (1) – (2) wholesale gas market , for Chapter 2 Part 1 Division 1AA —see section 30AA ; s 2 def wholesale gas market ins 2024 No. 12 (SA) s 13 (7) wholesale gas market participant , for Chapter 2 Part 1 Division 1AA —see section 30AA ; s 2 def wholesale gas market participant ins 2024 No. 12 (SA) s 13 (7) wholesale market monitoring guidelines , for Chapter 2 Part 1 Division 1AA —see section 30AA ; s 2 def wholesale market monitoring guidelines ins 2024 No. 12 (SA) s 13 (7) Wholesale Market Procedures means Procedures directed at regulating the declared wholesale gas market of an adoptive jurisdiction. s 2 def Wholesale Market Procedures ins 2009 No. 30 (SA) s 6 (2)\n(sec.2-ssec.2) A reference in this Law to an end user includes a reference to a prospective end user.\n(sec.2-ssec.3) A reference in this Law to the east coast gas system includes a reference to part of the east coast gas system.\n(sec.2-ssec.4) The Minister responsible for the administration of an application Act under which a regulation is made for paragraph (f) of the definition of primary gas must publish notice of the making of the regulation in the South Australian Government Gazette.\n- (a) the amendments to this Law made by the National Gas (South Australia) (National Gas Law—Australian Energy Market Operator) Amendment Act 2009 ; and\n- (b) the amendments to the Rules made by the National Gas (South Australia) (National Gas Rules—Australian Energy Market Operator) Amendment Rules 2009 ; and\n- (c) the Procedures first made under this Law after the enactment of the amendments referred to in paragraph (a) ;\n- (a) by means of; or\n- (b) in connection with,\n- (c) the preparation of a service provider performance report;\n- (d) a ring fencing decision;\n- (e) an applicable access arrangement decision;\n- (f) an access determination (if the AER is the dispute resolution body);\n- (a) under the Rules; or\n- (b) by an access determination as provided by this Law or the Rules;\n- (a) approves or does not approve an access arrangement or revisions to an applicable access arrangement submitted to the AER under section 113 or the Rules; or\n- (b) makes an access arrangement— (i) in place of an access arrangement the AER does not approve in that decision; or (ii) because a scheme pipeline service provider does not submit an access arrangement in accordance with section 113 or the Rules; or\n- (i) in place of an access arrangement the AER does not approve in that decision; or\n- (ii) because a scheme pipeline service provider does not submit an access arrangement in accordance with section 113 or the Rules; or\n- (c) makes revisions to an access arrangement— (i) in place of revisions submitted to the AER under section 113 that the AER does not approve in that decision; or (ii) because a scheme pipeline service provider does not submit revisions to the AER under section 113 ;\n- (i) in place of revisions submitted to the AER under section 113 that the AER does not approve in that decision; or\n- (ii) because a scheme pipeline service provider does not submit revisions to the AER under section 113 ;\n- (i) in place of an access arrangement the AER does not approve in that decision; or\n- (ii) because a scheme pipeline service provider does not submit an access arrangement in accordance with section 113 or the Rules; or\n- (i) in place of revisions submitted to the AER under section 113 that the AER does not approve in that decision; or\n- (ii) because a scheme pipeline service provider does not submit revisions to the AER under section 113 ;\n- (a) a contract, arrangement or understanding between a service provider and an associate of the service provider in connection with the provision of an associate pipeline service; or\n- (b) a contract, arrangement or understanding between a service provider and any person in connection with the provision of an associate pipeline service— (i) that provides a direct or indirect benefit to an associate; and (ii) that is not at arm’s length;\n- (i) that provides a direct or indirect benefit to an associate; and\n- (ii) that is not at arm’s length;\n- (i) that provides a direct or indirect benefit to an associate; and\n- (ii) that is not at arm’s length;\n- (a) that is in a gaseous state at standard temperature and pressure; and\n- (b) the principal constituent of which is methane; and\n- (c) that is produced by refining biogas; and\n- (d) that is suitable for consumption;\n- (a) the blending of 1 or more primary gases, with or without other substances, for injection into a pipeline;\n- (b) the separation of a gas blend withdrawn from a pipeline into constituent gases before re-injection into a pipeline as— (i) a primary gas; or (ii) a gas blend;\n- (i) a primary gas; or\n- (ii) a gas blend;\n- (i) a primary gas; or\n- (ii) a gas blend;\n- (a) a person gives to AEMO or the AER to comply with Chapter 7 (or any Rules under that Chapter); or\n- (b) a person gives to AEMO in its capacity as operator of the Gas Bulletin Board in circumstances expressly permitted by the Rules;\n- (a) a person gives to AEMO, to comply with section 91FEE (1) ; or\n- (b) a person gives, in circumstances expressly required or permitted by the Procedures or Rules— (i) to AEMO in its capacity as operator of a capacity auction in which the person participates; or (ii) to AEMO in its capacity as operator of a regulated gas market or a gas trading exchange if that information is to be used for the purpose of a capacity auction in which the person participates;\n- (i) to AEMO in its capacity as operator of a capacity auction in which the person participates; or\n- (ii) to AEMO in its capacity as operator of a regulated gas market or a gas trading exchange if that information is to be used for the purpose of a capacity auction in which the person participates;\n- (i) to AEMO in its capacity as operator of a capacity auction in which the person participates; or\n- (ii) to AEMO in its capacity as operator of a regulated gas market or a gas trading exchange if that information is to be used for the purpose of a capacity auction in which the person participates;\n- (a) a date fixed by or under legislation of a participating jurisdiction for AEMO’s assumption of responsibility for the operation of a gas market in the relevant jurisdiction under this Law and the Rules; or\n- (b) a date fixed by Ministerial Gazette notice as the changeover date;\n- (a) a designated compression service facility; or\n- (b) any other facility or part of a facility (whether or not forming part of another facility or located on or connected to another facility) for compressing covered gas other than— (i) a facility operated as part of a gathering system operated as part of an upstream producing operation for processable gas; or (ii) anything downstream of a point on a pipeline from which a person takes covered gas for consumption purposes;\n- (i) a facility operated as part of a gathering system operated as part of an upstream producing operation for processable gas; or\n- (ii) anything downstream of a point on a pipeline from which a person takes covered gas for consumption purposes;\n- (i) a facility operated as part of a gathering system operated as part of an upstream producing operation for processable gas; or\n- (ii) anything downstream of a point on a pipeline from which a person takes covered gas for consumption purposes;\n- (a) matters that go to the making of the designated regulatory decision; and\n- (b) decisions made by the AER for the purposes of the designated regulatory decision;\n- (a) a primary gas;\n- (b) a gas blend;\n- (a) activities and transactions relating to the following: (i) processable gas; (ii) biogas; (iii) covered gas, including liquefied natural gas, and covered gas services; (iv) covered gas industry facilities; (v) services provided by means of covered gas industry facilities; and\n- (i) processable gas;\n- (ii) biogas;\n- (iii) covered gas, including liquefied natural gas, and covered gas services;\n- (iv) covered gas industry facilities;\n- (v) services provided by means of covered gas industry facilities; and\n- (b) activities and transactions relating to petroleum tenements; and\n- (c) any other activity or transaction, or type of activity or transaction, specified by the Regulations for the purpose of this definition;\n- (i) processable gas;\n- (ii) biogas;\n- (iii) covered gas, including liquefied natural gas, and covered gas services;\n- (iv) covered gas industry facilities;\n- (v) services provided by means of covered gas industry facilities; and\n- (a) a blend processing facility;\n- (b) a compression service facility;\n- (c) a gas processing plant;\n- (d) an LNG facility;\n- (e) a pipeline;\n- (f) a storage facility;\n- (g) a user facility;\n- (h) another facility of a type specified by the Regulations for the purpose of this definition;\n- (a) a pipeline service;\n- (b) the supply of covered gas;\n- (c) a service ancillary to the service described in paragraph (b) ;\n- (a) Chapter 2 Part 6 Division 2 ; and\n- (b) the Rules regulating the declared wholesale gas market of an adoptive jurisdiction or otherwise relevant to Chapter 2 Part 6 Division 2 ;\n- (a) is classified as a distribution pipeline under a licence or authorisation granted in relation to the pipeline under jurisdictional gas legislation; or\n- (b) if the licence or authorisation mentioned in paragraph (a) does not include a classification of the pipeline—is classified by the AER as a distribution pipeline,\n- (a) a covered gas industry facility;\n- (b) a regulated gas market;\n- (c) a gas trading exchange for which AEMO has established a gas trading exchange agreement;\n- (d) a system, market or other thing specified by the Rules;\n- (a) the requirements contained in an access arrangement that, in accordance with the Rules, specify— (i) the circumstances when an extension to a scheme pipeline is to be treated as forming part of the scheme pipeline; and (ii) whether the pipeline services provided or to be provided by means of, or in connection with, spare capacity arising out of an extension to a scheme pipeline will be subject to the applicable access arrangement applying to the pipeline services to which that arrangement applies; and (iii) whether an extension to, or expansion of the capacity of, a scheme pipeline will affect a reference tariff and, if so, the effect on the reference tariff; and\n- (i) the circumstances when an extension to a scheme pipeline is to be treated as forming part of the scheme pipeline; and\n- (ii) whether the pipeline services provided or to be provided by means of, or in connection with, spare capacity arising out of an extension to a scheme pipeline will be subject to the applicable access arrangement applying to the pipeline services to which that arrangement applies; and\n- (iii) whether an extension to, or expansion of the capacity of, a scheme pipeline will affect a reference tariff and, if so, the effect on the reference tariff; and\n- (b) any other requirements specified by the Rules as extension and expansion requirements;\n- (i) the circumstances when an extension to a scheme pipeline is to be treated as forming part of the scheme pipeline; and\n- (ii) whether the pipeline services provided or to be provided by means of, or in connection with, spare capacity arising out of an extension to a scheme pipeline will be subject to the applicable access arrangement applying to the pipeline services to which that arrangement applies; and\n- (iii) whether an extension to, or expansion of the capacity of, a scheme pipeline will affect a reference tariff and, if so, the effect on the reference tariff; and\n- (a) source beyond the outer limits of all of the following: (i) the adjacent area of this jurisdiction; (ii) the adjacent area of another participating jurisdiction; or\n- (i) the adjacent area of this jurisdiction;\n- (ii) the adjacent area of another participating jurisdiction; or\n- (b) a source within the joint petroleum development area (within the meaning of the Petroleum (Timor Sea Treaty) Act 2003 of the Commonwealth);\n- (i) the adjacent area of this jurisdiction;\n- (ii) the adjacent area of another participating jurisdiction; or\n- (a) VENCorp;\n- (b) Gas Market Company Limited (ACN 095 400 258);\n- (c) in relation to South Australia (but not Western Australia)—Retail Energy Market Company Limited (ACN 103 318 556);\n- (d) the gas retail market operator appointed under section 257A of the Gas Supply Act 2003 (Qld) ;\n- (a) a pipeline that is to be structurally separate from any existing pipeline; or\n- (b) a major extension to an existing pipeline;\n- (a) a person gives to AEMO to comply with section 91DB ; or\n- (b) a person gives to AEMO for the preparation of the gas statement of opportunities in circumstances expressly permitted by the Rules;\n- (a) for New South Wales—the Independent Pricing and Regulatory Tribunal of New South Wales established by section 5 (1) of the Independent Pricing and Regulatory Tribunal Act 1992 of New South Wales;\n- (b) for Victoria—the Essential Services Commission established by section 7 (1) of the Essential Services Commission Act 2001 of Victoria;\n- (c) for Queensland—the Queensland Competition Authority established by section 7 of the Queensland Competition Authority Act 1997 of Queensland;\n- (d) for South Australia—the Essential Services Commission established by section 4 (1) of the Essential Services Commission Act 2002 of South Australia;\n- (e) for Tasmania—the Director of Gas appointed under section 7 of the Gas Act 2000 of Tasmania;\n- (f) for the Australian Capital Territory—the Independent Competition and Regulatory Commission for the Australian Capital Territory established by section 5 (1) of the Independent Competition and Regulatory Commission Act 1997 of the Australian Capital Territory;\n- (g) any other person or body— (i) to which the functions of the jurisdictional regulator for a participating jurisdiction are assigned by or under an Act of the participating jurisdiction; or (ii) that is prescribed by the Regulations as jurisdictional regulator of a participating jurisdiction;\n- (i) to which the functions of the jurisdictional regulator for a participating jurisdiction are assigned by or under an Act of the participating jurisdiction; or\n- (ii) that is prescribed by the Regulations as jurisdictional regulator of a participating jurisdiction;\n- (i) to which the functions of the jurisdictional regulator for a participating jurisdiction are assigned by or under an Act of the participating jurisdiction; or\n- (ii) that is prescribed by the Regulations as jurisdictional regulator of a participating jurisdiction;\n- (a) 1 Minister from the Commonwealth;\n- (b) 1 Minister from each State (totalling 6 Ministers);\n- (c) 1 Minister from each Territory (totalling 2 Ministers),\n- (a) the National Gas (South Australia) Act 2008 of South Australia and Regulations in force under that Act; and\n- (b) the National Gas (South Australia) Law; and\n- (c) the National Gas Access (WA) Act 2009 of Western Australia; and\n- (d) the National Gas Access (Western Australia) Law within the meaning given in the National Gas Access (WA) Act 2009 of Western Australia; and\n- (e) Regulations made under the National Gas Access (WA) Act 2009 of Western Australia for the purposes of the National Gas Access (Western Australia) Law; and\n- (f) an Act of a participating jurisdiction (other than South Australia or Western Australia) that applies, as a law of that jurisdiction, any part of— (i) the Regulations referred to in paragraph (a) ; or (ii) the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia; and\n- (i) the Regulations referred to in paragraph (a) ; or\n- (ii) the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia; and\n- (g) the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia as applied as a law of a participating jurisdiction (other than South Australia or Western Australia); and\n- (h) the Regulations referred to in paragraph (a) as applied as a law of a participating jurisdiction (other than South Australia or Western Australia);\n- (i) the Regulations referred to in paragraph (a) ; or\n- (ii) the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia; and\n- (a) the initial National Gas Procedures; and\n- (b) Procedures made by AEMO under this Law, including Procedures that amend or revoke the initial National Gas Procedures or Procedures earlier made by AEMO;\n- (a) the initial National Gas Rules; and\n- (ab) Rules made under Chapter 9 Part 2 Division 2 ; and\n- (b) Rules made by the AEMC under this Law, including Rules that amend or revoke— (i) the initial National Gas Rules or Rules made under Chapter 9 Part 2 Division 2 ; or (ii) Rules made by it;\n- (i) the initial National Gas Rules or Rules made under Chapter 9 Part 2 Division 2 ; or\n- (ii) Rules made by it;\n- (i) the initial National Gas Rules or Rules made under Chapter 9 Part 2 Division 2 ; or\n- (ii) Rules made by it;\n- (a) is in a gaseous state at standard temperature and pressure; and\n- (b) consists of naturally occurring hydrocarbons, or a naturally occurring mixture of hydrocarbons and non-hydrocarbons, the principal constituent of which is methane; and\n- (c) is suitable for consumption;\n- (a) in accordance with the extension and expansion requirements contained in an applicable access arrangement applying to the pipeline services provided by means of that pipeline; or\n- (b) under this Law;\n- (a) a distribution pipeline as defined in that law; and\n- (b) a covered pipeline as defined in the Gas Code;\n- (a) a transmission pipeline as defined in that law; and\n- (b) a covered pipeline as defined in the Gas Code;\n- (a) a transportation service that is provided under an operational transportation service agreement using transferred transportation capacity; and\n- (b) a service ancillary to the provision of a service referred to in paragraph (a) ;\n- (a) the transportation facility user to receive a transfer of transportation capacity acquired through any of the following means— (i) a capacity auction; or (ii) a gas trading exchange; or (iii) any other means provided for in the agreement; and\n- (i) a capacity auction; or\n- (ii) a gas trading exchange; or\n- (iii) any other means provided for in the agreement; and\n- (b) the terms and conditions applicable to the use of that transportation capacity;\n- (i) a capacity auction; or\n- (ii) a gas trading exchange; or\n- (iii) any other means provided for in the agreement; and\n- (a) a pipe or system of pipes for the haulage of covered gas, and any tanks, reservoirs, machinery or equipment directly attached to that pipe or system of pipes; or\n- (b) a proposed pipe or system of pipes for the haulage of covered gas, and any proposed tanks, reservoirs, machinery or equipment proposed to be directly attached to the proposed pipe or system of pipes; or\n- (c) a part of a pipe or system of pipes or proposed pipe or system of pipes referred to in paragraph (a) or (b) ,\n- (d) unless paragraph (e) applies, anything upstream of a prescribed exit flange on a pipeline conveying covered gas from a prescribed gas processing plant; or\n- (e) if a connection point upstream of an exit flange on such a pipeline is prescribed, anything upstream of that point; or\n- (f) a gathering system operated as part of an upstream producing operation for processable gas; or\n- (g) any tanks, reservoirs, machinery, plant, facility or equipment used to remove or add components to or change covered gas (other than odourisation facilities) such as a gas processing plant or blend processing facility; or\n- (h) anything downstream of a point on a pipeline from which a person takes covered gas for consumption purposes;\n- (i) in relation to a blend processing facility—anything from the point on a pipeline from which covered gas is taken for blend processing to the point where the gas blend is injected into the pipeline or another pipeline;\n- (a) the safe haulage of covered gas in that jurisdiction; or\n- (b) the safe operation of a pipeline in that jurisdiction;\n- (a) service provided by means of a pipeline, including— (i) a haulage service (such as firm haulage, interruptible haulage, spot haulage and backhaul); and (ii) a service providing for, or facilitating, the interconnection of pipelines; or\n- (i) a haulage service (such as firm haulage, interruptible haulage, spot haulage and backhaul); and\n- (ii) a service providing for, or facilitating, the interconnection of pipelines; or\n- (b) a service ancillary to the provision of a service referred to in paragraph (a) ,\n- (i) a haulage service (such as firm haulage, interruptible haulage, spot haulage and backhaul); and\n- (ii) a service providing for, or facilitating, the interconnection of pipelines; or\n- (c) the production of a primary gas, a processable gas or biogas; or\n- (d) the sale or purchase of a covered gas, a processable gas or biogas; or\n- (e) a blend processing service;\n- (a) by or under jurisdictional gas legislation; or\n- (b) by the AER— (i) under an access arrangement decision; or (ii) in accordance with the Rules;\n- (i) under an access arrangement decision; or\n- (ii) in accordance with the Rules;\n- (i) under an access arrangement decision; or\n- (ii) in accordance with the Rules;\n- (a) natural gas;\n- (b) hydrogen;\n- (c) biomethane;\n- (d) synthetic methane;\n- (e) a substance prescribed by the Regulations for the purpose of this definition;\n- (f) a substance prescribed as a primary gas in a participating jurisdiction by a local regulation of the participating jurisdiction;\n- (a) is in a gaseous state at standard temperature and pressure; and\n- (b) consists of naturally occurring hydrocarbons, or a naturally occurring mixture of hydrocarbons and non-hydrocarbons, the principal constituent of which is methane;\n- (a) specified in an applicable access arrangement approved or made under an access arrangement decision; or\n- (b) determined by applying the formula or methodology contained in an applicable access arrangement approved or made under an access arrangement decision;\n- (a) a declared wholesale gas market; or\n- (ab) a short term trading market; or\n- (b) a regulated retail gas market;\n- (a) a general regulatory information order; or\n- (b) a regulatory information notice;\n- (c) a price information order;\n- (a) for a scheme pipeline access dispute—the dispute resolution body; or\n- (b) for a non-scheme pipeline access dispute—the arbitrator for the dispute;\n- (a) an AER ring fencing determination; or\n- (b) a decision granting or not granting an exemption under Rules made under section 148A ; or\n- (c) an associate contract decision;\n- (a) a pipeline to which a scheme pipeline determination applies; or\n- (b) a designated pipeline; or\n- (c) a pipeline in respect of which a scheme pipeline election takes effect;\n- (a) operates in an adoptive jurisdiction; and\n- (b) is defined in a Rule made for the purposes of Chapter 2 Part 6 Division 2A to be a short term trading market of that adoptive jurisdiction;\n- (a) this Law, the Rules or the Procedures; or\n- (b) the National Electricity Law or the National Electricity Rules;\n- (a) the amendments to this Law made by the National Gas (South Australia) (Short Term Trading Market) Amendment Act 2009 of South Australia; and\n- (b) the amendments to the Rules made under section 294B ; and\n- (c) the STTM Procedures first made under this Law after the enactment of the amendments referred to in paragraph (a) ;\n- (a) a person gives to AEMO, to comply with section 91FEA (1) ; or\n- (b) a person gives, in circumstances expressly required or permitted by the Procedures or Rules— (i) to AEMO in its capacity as operator of a short term trading market in which the person participates; (ii) to AEMO in its capacity as operator of another regulated gas market if that information is to be used for the purpose of a short term trading market in which the person participates;\n- (i) to AEMO in its capacity as operator of a short term trading market in which the person participates;\n- (ii) to AEMO in its capacity as operator of another regulated gas market if that information is to be used for the purpose of a short term trading market in which the person participates;\n- (i) to AEMO in its capacity as operator of a short term trading market in which the person participates;\n- (ii) to AEMO in its capacity as operator of another regulated gas market if that information is to be used for the purpose of a short term trading market in which the person participates;\n- (a) legislation (including subordinate legislation) of a participating jurisdiction regulating the gas industry in that jurisdiction that— (i) was in force immediately before the relevant changeover date; and (ii) is superseded by the AEMO amendments; and\n- (i) was in force immediately before the relevant changeover date; and\n- (ii) is superseded by the AEMO amendments; and\n- (b) rules to which a member of a corporate former gas market operator was subject, immediately before the relevant changeover date, under the constitution of the former gas market operator; and\n- (c) a licence condition governing the activities of the licensee in, or in relation to, a regulated retail gas market in a participating jurisdiction— (i) in force immediately before the relevant changeover date; and (ii) superseded by the AEMO amendments; and\n- (i) in force immediately before the relevant changeover date; and\n- (ii) superseded by the AEMO amendments; and\n- (d) a guideline, code, standard or other instrument governing the operation or regulation of a gas market in a participating jurisdiction— (i) made or issued by the jurisdictional regulator; and (ii) in force immediately before the relevant changeover date; and (iii) superseded by the AEMO amendments;\n- (i) made or issued by the jurisdictional regulator; and\n- (ii) in force immediately before the relevant changeover date; and\n- (iii) superseded by the AEMO amendments;\n- (i) was in force immediately before the relevant changeover date; and\n- (ii) is superseded by the AEMO amendments; and\n- (i) in force immediately before the relevant changeover date; and\n- (ii) superseded by the AEMO amendments; and\n- (i) made or issued by the jurisdictional regulator; and\n- (ii) in force immediately before the relevant changeover date; and\n- (iii) superseded by the AEMO amendments;\n- 1 The Gas Market Retail Rules (Vic) and the Gas Industry Market and System Operation Rules (Vic) .\n- 2 The Gas Retail Market Business Rules to Support Retail Competition in Gas (NSW) .\n- 3 The Gas Market Retail Rules (Qld) .\n- 4 The Retail Market Rules (SA) .\n- (a) in relation to goods—supply (including re-supply) by way of sale, exchange, lease, hire or hire purchase; and\n- (b) in relation to services—provide, grant or confer;\n- (a) that is in a gaseous state at standard temperature and pressure; and\n- (b) the principal constituent of which is methane; and\n- (c) that is produced by the methanation of carbon dioxide; and\n- (d) that is suitable for consumption;\n- (a) buys or sells covered gas; and\n- (b) in doing so is not acting in some other registrable capacity; and\n- (c) where the person is the purchaser of covered gas, is not buying the covered gas for the purchaser’s own use;\n- (a) is classified as a transmission pipeline under a licence or authorisation granted in relation to the pipeline under jurisdictional gas legislation; or\n- (b) if the licence or authorisation mentioned in paragraph (a) does not include a classification of the pipeline—is classified by the AER as a transmission pipeline,\n- (a) a pipeline; or\n- (b) a compression service facility; or\n- (c) another facility of a type specified by the Regulations for the purposes of this paragraph;\n- (a) a pipeline service; or\n- (b) a service provided by means of a compression service facility; or\n- (c) a service provided by means of any other facility of a type specified by the Regulations for the purposes of paragraph (c) of the definition of transportation facility ;\n- (a) that— (i) the AER is satisfied is genuinely innovative taking into account the innovative trial principles (in relation to a trial waiver for a trial project); or (ii) the AEMC is satisfied is genuinely innovative taking into account the innovative trial principles (in relation to a trial Rule for the purposes of a trial project); and\n- (i) the AER is satisfied is genuinely innovative taking into account the innovative trial principles (in relation to a trial waiver for a trial project); or\n- (ii) the AEMC is satisfied is genuinely innovative taking into account the innovative trial principles (in relation to a trial Rule for the purposes of a trial project); and\n- (b) tests an approach in relation to covered gas services;\n- (i) the AER is satisfied is genuinely innovative taking into account the innovative trial principles (in relation to a trial waiver for a trial project); or\n- (ii) the AEMC is satisfied is genuinely innovative taking into account the innovative trial principles (in relation to a trial Rule for the purposes of a trial project); and\n- (a) is a party to a contract with a service provider under which the service provider provides or intends to provide a pipeline service to that person by means of a pipeline; or\n- (b) has a right under an access determination to be provided with a pipeline service by means of a pipeline;","sortOrder":2},{"sectionNumber":"sec.2A","sectionType":"section","heading":"Additives and impurities","content":"### sec.2A Additives and impurities\n\nThe nature of a substance as a primary gas or a gas blend is not changed by the presence in the substance of the following:\nan additive required for safety;\nan impurity.\ns 2A ins 2023 No. 36 (SA) s 7\n- (a) an additive required for safety;\n- (b) an impurity.","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Meaning of civil penalty provision","content":"### sec.3 Meaning of civil penalty provision\n\nA civil penalty provision is—\na provision of this Law specified in an item in the Table at the foot of this section; or\na provision of this Law (other than an offence provision) or the Rules that is prescribed by the Regulations to be a civil penalty provision; or\na declared system provision that is prescribed by or under the application Act of the adoptive jurisdiction to be a civil penalty provision.\nItem\nProvision\n1\nSection 56\n2\nSection 57\n2A\nSection 91BE (1)\n2B\nSection 91BF (1)\n2C\nSection 91BJ (1)\n2D\nSection 91BN (5)\n2DA\nSection 91BRD (1)\n2DB\nSection 91BRJ (5)\n2DC\nSection 91FC (3) and (4)\n2E\nSection 91FEA\n2F\nSection 91LB (1)\n2G\nSection 91MB (6)\n3\nSection 131\n4\nSection 133\n6\nSection 135\n7\nSection 136\n8\nSection 139\n9\nSection 140\n10\nSection 141\n11\nSection 143 (6)\n12\nSection 147\n13\nSection 148\n18\nSection 223\n19\nSection 225\ns 3 amd 2009 No. 30 (SA) s 7 ; 2009 No. 46 (SA) s 5 ; 2022 No. 21 (SA) s 13\n- (a) a provision of this Law specified in an item in the Table at the foot of this section; or\n- (b) a provision of this Law (other than an offence provision) or the Rules that is prescribed by the Regulations to be a civil penalty provision; or\n- (c) a declared system provision that is prescribed by or under the application Act of the adoptive jurisdiction to be a civil penalty provision.","sortOrder":4},{"sectionNumber":"sec.3A","sectionType":"section","heading":"Civil penalty amounts for breaches of civil penalty provisions","content":"### sec.3A Civil penalty amounts for breaches of civil penalty provisions\n\nSubject to this section, the civil penalty for a breach of a civil penalty provision is—\nin the case of a breach of a civil penalty provision, other than a provision prescribed under paragraph (b) or (c) —\nif the breach is by a natural person—\nan amount not exceeding $33 900; plus\nan amount not exceeding $3 390 for every day during which the breach continues;\nif the breach is by a body corporate—\nan amount not exceeding $170 000; plus\nan amount not exceeding $17 000 for every day during which the breach continues; or\nin the case of a breach of a civil penalty provision prescribed by the Regulations for the purposes of this paragraph—\nif the breach is by a natural person—\nan amount not exceeding $287 000; plus\nan amount not exceeding $14 400 for every day during which the breach continues;\nif the breach is by a body corporate—\nan amount not exceeding $1 435 000; plus\nan amount not exceeding $71 800 for every day during which the breach continues; or\nin the case a breach of a civil penalty provision prescribed by the Regulations for the purposes of this paragraph—\nif the breach is by a natural person—an amount not exceeding $500 000;\nif the breach is by a body corporate—an amount not exceeding the greater of the following:\n$10 000 000;\nif the Court can determine the value of any benefit reasonably attributable to the breach of the civil penalty provision that the body corporate, and any body corporate related to the body corporate, has obtained, directly or indirectly—3 times the value of that benefit;\nif the Court cannot determine the value of the benefit—10% of the annual turnover of the body corporate during the 12-month period ending at the end of the month in which the body corporate breached, or began breaching, the civil penalty provision.\nSee Schedule 2 clause 47A, which provides for the amounts specified in this subsection to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.\nSubsection (1) (c) (ii) (B) or (C) will only apply in a particular case if the AER, in applying for an order under section 231 (2) (a) , requests that those provisions be applied in that particular case.\ns 3A ins 2020 No. 37 (SA) s 48\n(sec.3A-ssec.1) Subject to this section, the civil penalty for a breach of a civil penalty provision is— in the case of a breach of a civil penalty provision, other than a provision prescribed under paragraph (b) or (c) — if the breach is by a natural person— an amount not exceeding $33 900; plus an amount not exceeding $3 390 for every day during which the breach continues; if the breach is by a body corporate— an amount not exceeding $170 000; plus an amount not exceeding $17 000 for every day during which the breach continues; or in the case of a breach of a civil penalty provision prescribed by the Regulations for the purposes of this paragraph— if the breach is by a natural person— an amount not exceeding $287 000; plus an amount not exceeding $14 400 for every day during which the breach continues; if the breach is by a body corporate— an amount not exceeding $1 435 000; plus an amount not exceeding $71 800 for every day during which the breach continues; or in the case a breach of a civil penalty provision prescribed by the Regulations for the purposes of this paragraph— if the breach is by a natural person—an amount not exceeding $500 000; if the breach is by a body corporate—an amount not exceeding the greater of the following: $10 000 000; if the Court can determine the value of any benefit reasonably attributable to the breach of the civil penalty provision that the body corporate, and any body corporate related to the body corporate, has obtained, directly or indirectly—3 times the value of that benefit; if the Court cannot determine the value of the benefit—10% of the annual turnover of the body corporate during the 12-month period ending at the end of the month in which the body corporate breached, or began breaching, the civil penalty provision. See Schedule 2 clause 47A, which provides for the amounts specified in this subsection to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.\n(sec.3A-ssec.2) Subsection (1) (c) (ii) (B) or (C) will only apply in a particular case if the AER, in applying for an order under section 231 (2) (a) , requests that those provisions be applied in that particular case.\n- (a) in the case of a breach of a civil penalty provision, other than a provision prescribed under paragraph (b) or (c) — (i) if the breach is by a natural person— (A) an amount not exceeding $33 900; plus (B) an amount not exceeding $3 390 for every day during which the breach continues; (ii) if the breach is by a body corporate— (A) an amount not exceeding $170 000; plus (B) an amount not exceeding $17 000 for every day during which the breach continues; or\n- (i) if the breach is by a natural person— (A) an amount not exceeding $33 900; plus (B) an amount not exceeding $3 390 for every day during which the breach continues;\n- (A) an amount not exceeding $33 900; plus\n- (B) an amount not exceeding $3 390 for every day during which the breach continues;\n- (ii) if the breach is by a body corporate— (A) an amount not exceeding $170 000; plus (B) an amount not exceeding $17 000 for every day during which the breach continues; or\n- (A) an amount not exceeding $170 000; plus\n- (B) an amount not exceeding $17 000 for every day during which the breach continues; or\n- (b) in the case of a breach of a civil penalty provision prescribed by the Regulations for the purposes of this paragraph— (i) if the breach is by a natural person— (A) an amount not exceeding $287 000; plus (B) an amount not exceeding $14 400 for every day during which the breach continues; (ii) if the breach is by a body corporate— (A) an amount not exceeding $1 435 000; plus (B) an amount not exceeding $71 800 for every day during which the breach continues; or\n- (i) if the breach is by a natural person— (A) an amount not exceeding $287 000; plus (B) an amount not exceeding $14 400 for every day during which the breach continues;\n- (A) an amount not exceeding $287 000; plus\n- (B) an amount not exceeding $14 400 for every day during which the breach continues;\n- (ii) if the breach is by a body corporate— (A) an amount not exceeding $1 435 000; plus (B) an amount not exceeding $71 800 for every day during which the breach continues; or\n- (A) an amount not exceeding $1 435 000; plus\n- (B) an amount not exceeding $71 800 for every day during which the breach continues; or\n- (c) in the case a breach of a civil penalty provision prescribed by the Regulations for the purposes of this paragraph— (i) if the breach is by a natural person—an amount not exceeding $500 000; (ii) if the breach is by a body corporate—an amount not exceeding the greater of the following: (A) $10 000 000; (B) if the Court can determine the value of any benefit reasonably attributable to the breach of the civil penalty provision that the body corporate, and any body corporate related to the body corporate, has obtained, directly or indirectly—3 times the value of that benefit; (C) if the Court cannot determine the value of the benefit—10% of the annual turnover of the body corporate during the 12-month period ending at the end of the month in which the body corporate breached, or began breaching, the civil penalty provision.\n- (i) if the breach is by a natural person—an amount not exceeding $500 000;\n- (ii) if the breach is by a body corporate—an amount not exceeding the greater of the following: (A) $10 000 000; (B) if the Court can determine the value of any benefit reasonably attributable to the breach of the civil penalty provision that the body corporate, and any body corporate related to the body corporate, has obtained, directly or indirectly—3 times the value of that benefit; (C) if the Court cannot determine the value of the benefit—10% of the annual turnover of the body corporate during the 12-month period ending at the end of the month in which the body corporate breached, or began breaching, the civil penalty provision.\n- (A) $10 000 000;\n- (B) if the Court can determine the value of any benefit reasonably attributable to the breach of the civil penalty provision that the body corporate, and any body corporate related to the body corporate, has obtained, directly or indirectly—3 times the value of that benefit;\n- (C) if the Court cannot determine the value of the benefit—10% of the annual turnover of the body corporate during the 12-month period ending at the end of the month in which the body corporate breached, or began breaching, the civil penalty provision.\n- (i) if the breach is by a natural person— (A) an amount not exceeding $33 900; plus (B) an amount not exceeding $3 390 for every day during which the breach continues;\n- (A) an amount not exceeding $33 900; plus\n- (B) an amount not exceeding $3 390 for every day during which the breach continues;\n- (ii) if the breach is by a body corporate— (A) an amount not exceeding $170 000; plus (B) an amount not exceeding $17 000 for every day during which the breach continues; or\n- (A) an amount not exceeding $170 000; plus\n- (B) an amount not exceeding $17 000 for every day during which the breach continues; or\n- (A) an amount not exceeding $33 900; plus\n- (B) an amount not exceeding $3 390 for every day during which the breach continues;\n- (A) an amount not exceeding $170 000; plus\n- (B) an amount not exceeding $17 000 for every day during which the breach continues; or\n- (i) if the breach is by a natural person— (A) an amount not exceeding $287 000; plus (B) an amount not exceeding $14 400 for every day during which the breach continues;\n- (A) an amount not exceeding $287 000; plus\n- (B) an amount not exceeding $14 400 for every day during which the breach continues;\n- (ii) if the breach is by a body corporate— (A) an amount not exceeding $1 435 000; plus (B) an amount not exceeding $71 800 for every day during which the breach continues; or\n- (A) an amount not exceeding $1 435 000; plus\n- (B) an amount not exceeding $71 800 for every day during which the breach continues; or\n- (A) an amount not exceeding $287 000; plus\n- (B) an amount not exceeding $14 400 for every day during which the breach continues;\n- (A) an amount not exceeding $1 435 000; plus\n- (B) an amount not exceeding $71 800 for every day during which the breach continues; or\n- (i) if the breach is by a natural person—an amount not exceeding $500 000;\n- (ii) if the breach is by a body corporate—an amount not exceeding the greater of the following: (A) $10 000 000; (B) if the Court can determine the value of any benefit reasonably attributable to the breach of the civil penalty provision that the body corporate, and any body corporate related to the body corporate, has obtained, directly or indirectly—3 times the value of that benefit; (C) if the Court cannot determine the value of the benefit—10% of the annual turnover of the body corporate during the 12-month period ending at the end of the month in which the body corporate breached, or began breaching, the civil penalty provision.\n- (A) $10 000 000;\n- (B) if the Court can determine the value of any benefit reasonably attributable to the breach of the civil penalty provision that the body corporate, and any body corporate related to the body corporate, has obtained, directly or indirectly—3 times the value of that benefit;\n- (C) if the Court cannot determine the value of the benefit—10% of the annual turnover of the body corporate during the 12-month period ending at the end of the month in which the body corporate breached, or began breaching, the civil penalty provision.\n- (A) $10 000 000;\n- (B) if the Court can determine the value of any benefit reasonably attributable to the breach of the civil penalty provision that the body corporate, and any body corporate related to the body corporate, has obtained, directly or indirectly—3 times the value of that benefit;\n- (C) if the Court cannot determine the value of the benefit—10% of the annual turnover of the body corporate during the 12-month period ending at the end of the month in which the body corporate breached, or began breaching, the civil penalty provision.","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Meaning of conduct provision","content":"### sec.4 Meaning of conduct provision\n\nA conduct provision is—\na provision of this Law specified in an item in the Table at the foot of this section; or\na provision of this Law (other than an offence provision) or the Rules that is prescribed by the Regulations to be a conduct provision; or\na declared system provision that is prescribed by or under the application Act of the adoptive jurisdiction to be a conduct provision.\nItem\nProvision\nA1\nSection 91BP\nA2\nSection 91BRF\nA3\nSection 91BRG\n1\nSection 133\n3\nSection 135\n4\nSection 136\n5\nSection 147\n6\nSection 148\ns 4 amd 2009 No. 30 (SA) s 8 ; 2009 No. 46 (SA) s 6 ; 2022 No. 21 (SA) s 14\n- (a) a provision of this Law specified in an item in the Table at the foot of this section; or\n- (b) a provision of this Law (other than an offence provision) or the Rules that is prescribed by the Regulations to be a conduct provision; or\n- (c) a declared system provision that is prescribed by or under the application Act of the adoptive jurisdiction to be a conduct provision.","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Meaning of prospective user","content":"### sec.5 Meaning of prospective user\n\nA prospective user is a person who seeks or wishes to be provided with a pipeline service by means of a pipeline.\nTo avoid doubt, a user is also a prospective user if the user seeks or wishes to be provided with a pipeline service by means of a pipeline other than a pipeline service already provided to them under—\na contract; or\nan access determination.\ns 5 amd 2022 No. 21 (SA) s 15\n(sec.5-ssec.1) A prospective user is a person who seeks or wishes to be provided with a pipeline service by means of a pipeline.\n(sec.5-ssec.2) To avoid doubt, a user is also a prospective user if the user seeks or wishes to be provided with a pipeline service by means of a pipeline other than a pipeline service already provided to them under— a contract; or an access determination. s 5 amd 2022 No. 21 (SA) s 15\n- (a) a contract; or\n- (b) an access determination.","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Meaning of regulatory obligation or requirement","content":"### sec.6 Meaning of regulatory obligation or requirement\n\nA regulatory obligation or requirement is—\nin relation to the provision of a pipeline service by a service provider—\na pipeline safety duty; or\na pipeline reliability standard; or\na pipeline service standard; or\nan obligation or requirement under—\nthis Law or the Rules; or\nthe National Energy Retail Law or the National Energy Retail Rules; or\nan Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act, that levies or imposes a tax or other levy that is payable by a service provider; or\nan Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act, that regulates the use of land in a participating jurisdiction by a service provider; or\nan Act of a participating jurisdiction or any instrument made or issued under or for the purposes of that Act that relates to the protection of the environment; or\nan Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act (other than national gas legislation or an Act of a participating jurisdiction or an Act or instrument referred to in subparagraphs (ii) to (iv) ), that materially affects the provision, by a service provider, of pipeline services to which an applicable access arrangement applies.\nA regulatory obligation or requirement does not include an obligation or requirement to pay a fine, penalty or compensation—\nfor a breach of—\na pipeline safety duty; or\na pipeline reliability standard; or\na pipeline service standard; or\nunder this Law or the Rules, the National Energy Retail Law or the National Energy Retail Rules1 or an Act or an instrument referred to in subsection (1) (b) (ii) to (v) .\nSee also section 24 (2) (b) .\nThe RoLR cost recovery scheme is dealt with under Part 6 of the National Energy Retail Law.\ns 6 amd 2011 No. 7 (SA) s 51\n(sec.6-ssec.1) A regulatory obligation or requirement is— in relation to the provision of a pipeline service by a service provider— a pipeline safety duty; or a pipeline reliability standard; or a pipeline service standard; or an obligation or requirement under— this Law or the Rules; or the National Energy Retail Law or the National Energy Retail Rules; or an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act, that levies or imposes a tax or other levy that is payable by a service provider; or an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act, that regulates the use of land in a participating jurisdiction by a service provider; or an Act of a participating jurisdiction or any instrument made or issued under or for the purposes of that Act that relates to the protection of the environment; or an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act (other than national gas legislation or an Act of a participating jurisdiction or an Act or instrument referred to in subparagraphs (ii) to (iv) ), that materially affects the provision, by a service provider, of pipeline services to which an applicable access arrangement applies.\n(sec.6-ssec.2) A regulatory obligation or requirement does not include an obligation or requirement to pay a fine, penalty or compensation— for a breach of— a pipeline safety duty; or a pipeline reliability standard; or a pipeline service standard; or under this Law or the Rules, the National Energy Retail Law or the National Energy Retail Rules1 or an Act or an instrument referred to in subsection (1) (b) (ii) to (v) . See also section 24 (2) (b) . The RoLR cost recovery scheme is dealt with under Part 6 of the National Energy Retail Law.\n- (a) in relation to the provision of a pipeline service by a service provider— (i) a pipeline safety duty; or (ii) a pipeline reliability standard; or (iii) a pipeline service standard; or\n- (i) a pipeline safety duty; or\n- (ii) a pipeline reliability standard; or\n- (iii) a pipeline service standard; or\n- (b) an obligation or requirement under— (i) this Law or the Rules; or (ia) the National Energy Retail Law or the National Energy Retail Rules; or (ii) an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act, that levies or imposes a tax or other levy that is payable by a service provider; or (iii) an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act, that regulates the use of land in a participating jurisdiction by a service provider; or (iv) an Act of a participating jurisdiction or any instrument made or issued under or for the purposes of that Act that relates to the protection of the environment; or (v) an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act (other than national gas legislation or an Act of a participating jurisdiction or an Act or instrument referred to in subparagraphs (ii) to (iv) ), that materially affects the provision, by a service provider, of pipeline services to which an applicable access arrangement applies.\n- (i) this Law or the Rules; or\n- (ia) the National Energy Retail Law or the National Energy Retail Rules; or\n- (ii) an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act, that levies or imposes a tax or other levy that is payable by a service provider; or\n- (iii) an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act, that regulates the use of land in a participating jurisdiction by a service provider; or\n- (iv) an Act of a participating jurisdiction or any instrument made or issued under or for the purposes of that Act that relates to the protection of the environment; or\n- (v) an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act (other than national gas legislation or an Act of a participating jurisdiction or an Act or instrument referred to in subparagraphs (ii) to (iv) ), that materially affects the provision, by a service provider, of pipeline services to which an applicable access arrangement applies.\n- (i) a pipeline safety duty; or\n- (ii) a pipeline reliability standard; or\n- (iii) a pipeline service standard; or\n- (i) this Law or the Rules; or\n- (ia) the National Energy Retail Law or the National Energy Retail Rules; or\n- (ii) an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act, that levies or imposes a tax or other levy that is payable by a service provider; or\n- (iii) an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act, that regulates the use of land in a participating jurisdiction by a service provider; or\n- (iv) an Act of a participating jurisdiction or any instrument made or issued under or for the purposes of that Act that relates to the protection of the environment; or\n- (v) an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act (other than national gas legislation or an Act of a participating jurisdiction or an Act or instrument referred to in subparagraphs (ii) to (iv) ), that materially affects the provision, by a service provider, of pipeline services to which an applicable access arrangement applies.\n- (a) for a breach of— (i) a pipeline safety duty; or (ii) a pipeline reliability standard; or (iii) a pipeline service standard; or\n- (i) a pipeline safety duty; or\n- (ii) a pipeline reliability standard; or\n- (iii) a pipeline service standard; or\n- (b) under this Law or the Rules, the National Energy Retail Law or the National Energy Retail Rules1 or an Act or an instrument referred to in subsection (1) (b) (ii) to (v) .\n- (i) a pipeline safety duty; or\n- (ii) a pipeline reliability standard; or\n- (iii) a pipeline service standard; or\n- 1 See also section 24 (2) (b) .\n- 2 The RoLR cost recovery scheme is dealt with under Part 6 of the National Energy Retail Law.","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Meaning of regulatory payment","content":"### sec.7 Meaning of regulatory payment\n\nA regulatory payment is a sum that a service provider had been required or allowed to pay to a user or an end user for a breach of, as the case requires—\na pipeline reliability standard; or\na pipeline service standard,\nbecause it was efficient for the service provider (in terms of the service provider’s overall business) to pay that sum.\nSee also section 24 (2) (b) .\n- (a) a pipeline reliability standard; or\n- (b) a pipeline service standard,","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Meaning of service provider","content":"### sec.8 Meaning of service provider\n\nA service provider is a person who—\nowns, controls or operates; or\nintends to own, control or operate,\na pipeline or any part of a pipeline.\nA service provider must not provide a pipeline service by means of a pipeline unless the service provider is a legal entity of a specified kind: see section 131 .\nIf AEMO controls or operates (without at the same time owning) a pipeline or any part of a pipeline, AEMO is not for that reason to be taken to be a service provider for the purposes of this Law.\ns 8 amd 2009 No. 30 (SA) s 9 ; 2022 No. 21 (SA) s 16\n(sec.8-ssec.1) A service provider is a person who— owns, controls or operates; or intends to own, control or operate, a pipeline or any part of a pipeline. A service provider must not provide a pipeline service by means of a pipeline unless the service provider is a legal entity of a specified kind: see section 131 .\n(sec.8-ssec.2) If AEMO controls or operates (without at the same time owning) a pipeline or any part of a pipeline, AEMO is not for that reason to be taken to be a service provider for the purposes of this Law.\n- (a) owns, controls or operates; or\n- (b) intends to own, control or operate,","sortOrder":10},{"sectionNumber":"sec.8AA","sectionType":"section","heading":"Meaning of transportation service provider","content":"### sec.8AA Meaning of transportation service provider\n\nIf AEMO controls or operates (without at the same time owning) a compression service facility or another facility of a type prescribed by the Regulations for the purposes of paragraph (c) of the definition of transportation facility in section 2 , AEMO is not for that reason to be taken to be a transportation service provider for the purposes of this Law.\ns 8AA ins 2018 No. 23 (SA) s 5","sortOrder":11},{"sectionNumber":"sec.8AB","sectionType":"section","heading":"Meaning of small shipper","content":"### sec.8AB Meaning of small shipper\n\nA small shipper is a user or prospective user—\nwho is, or seeks to be, a party to a contract with a service provider for the provision of a pipeline service by means of a pipeline; and\nfor whom the total daily pipeline capacity right provided, or sought to be provided, under 1 or more contracts with the same service provider and by means of the same pipeline is not more than—\nthe daily pipeline capacity right prescribed for this definition by the Regulations; or\nif no daily pipeline capacity right is prescribed by the Regulations, the lesser of the following amounts:\n5 terajoules per day;\n20% of the pipeline’s nameplate rating.\nHowever, a small shipper does not include a corporation with a market capitalisation of more than $500 000 000 or a related body corporate of the corporation.\nSee also section 19A in relation to related bodies corporate.\nIn this section—\nnameplate rating , in relation to a pipeline, means the maximum daily capacity of the pipeline under normal operating conditions.\ns 8AB ins 2022 No. 21 (SA) s 17\n(sec.8AB-ssec.1) A small shipper is a user or prospective user— who is, or seeks to be, a party to a contract with a service provider for the provision of a pipeline service by means of a pipeline; and for whom the total daily pipeline capacity right provided, or sought to be provided, under 1 or more contracts with the same service provider and by means of the same pipeline is not more than— the daily pipeline capacity right prescribed for this definition by the Regulations; or if no daily pipeline capacity right is prescribed by the Regulations, the lesser of the following amounts: 5 terajoules per day; 20% of the pipeline’s nameplate rating.\n(sec.8AB-ssec.2) However, a small shipper does not include a corporation with a market capitalisation of more than $500 000 000 or a related body corporate of the corporation. See also section 19A in relation to related bodies corporate.\n(sec.8AB-ssec.3) In this section— nameplate rating , in relation to a pipeline, means the maximum daily capacity of the pipeline under normal operating conditions.\n- (a) who is, or seeks to be, a party to a contract with a service provider for the provision of a pipeline service by means of a pipeline; and\n- (b) for whom the total daily pipeline capacity right provided, or sought to be provided, under 1 or more contracts with the same service provider and by means of the same pipeline is not more than— (i) the daily pipeline capacity right prescribed for this definition by the Regulations; or (ii) if no daily pipeline capacity right is prescribed by the Regulations, the lesser of the following amounts: (A) 5 terajoules per day; (B) 20% of the pipeline’s nameplate rating.\n- (i) the daily pipeline capacity right prescribed for this definition by the Regulations; or\n- (ii) if no daily pipeline capacity right is prescribed by the Regulations, the lesser of the following amounts: (A) 5 terajoules per day; (B) 20% of the pipeline’s nameplate rating.\n- (A) 5 terajoules per day;\n- (B) 20% of the pipeline’s nameplate rating.\n- (i) the daily pipeline capacity right prescribed for this definition by the Regulations; or\n- (ii) if no daily pipeline capacity right is prescribed by the Regulations, the lesser of the following amounts: (A) 5 terajoules per day; (B) 20% of the pipeline’s nameplate rating.\n- (A) 5 terajoules per day;\n- (B) 20% of the pipeline’s nameplate rating.\n- (A) 5 terajoules per day;\n- (B) 20% of the pipeline’s nameplate rating.","sortOrder":12},{"sectionNumber":"sec.8A","sectionType":"section","heading":"Nominated distributors","content":"### sec.8A Nominated distributors\n\nA local regulation may—\nnominate an entity, being an entity that is licensed or otherwise authorised under the jurisdictional gas legislation of that jurisdiction to operate a distribution pipeline that is not a scheme pipeline, as an entity to which this section applies (the nominated distributor ); and\napply to the nominated distributor specified provisions of the Rules that relate to the following matters:\nthe connection of premises of retail customers;\nretail support obligations between distributors and retailers;\ncredit support arrangements between distributors and retailers.\nThe application of any such specified provisions of the Rules to the nominated distributor is subject to such modifications as may be specified in the local regulation.\nThe nominated distributor—\nmust comply with the Rules to the extent that the Rules are applied by the local regulation to the nominated distributor; and\nmay, to the extent that the Rules apply to the nominated distributor, be proceeded against under this Law for any breach of those Rules.\nA nomination of an entity by a local regulation may be made for—\nthe whole or a specified part of the geographical area of a jurisdiction; or\nthe whole or a specified part of the distribution pipeline that is operated by the entity,\nor for both.\nThe Minister responsible for administering the application Act (other than the application Act of South Australia) under which a local regulation referred to in this section is made is to make arrangements for notice of the making and publication of the regulation to be published for information in the South Australian Government Gazette.\ns 8A ins 2011 No. 7 (SA) s 52\namd 2022 No. 21 (SA) s 18 ; 2023 No. 36 (SA) s 8\n(sec.8A-ssec.1) A local regulation may— nominate an entity, being an entity that is licensed or otherwise authorised under the jurisdictional gas legislation of that jurisdiction to operate a distribution pipeline that is not a scheme pipeline, as an entity to which this section applies (the nominated distributor ); and apply to the nominated distributor specified provisions of the Rules that relate to the following matters: the connection of premises of retail customers; retail support obligations between distributors and retailers; credit support arrangements between distributors and retailers.\n(sec.8A-ssec.2) The application of any such specified provisions of the Rules to the nominated distributor is subject to such modifications as may be specified in the local regulation.\n(sec.8A-ssec.3) The nominated distributor— must comply with the Rules to the extent that the Rules are applied by the local regulation to the nominated distributor; and may, to the extent that the Rules apply to the nominated distributor, be proceeded against under this Law for any breach of those Rules.\n(sec.8A-ssec.4) A nomination of an entity by a local regulation may be made for— the whole or a specified part of the geographical area of a jurisdiction; or the whole or a specified part of the distribution pipeline that is operated by the entity, or for both.\n(sec.8A-ssec.5) The Minister responsible for administering the application Act (other than the application Act of South Australia) under which a local regulation referred to in this section is made is to make arrangements for notice of the making and publication of the regulation to be published for information in the South Australian Government Gazette.\n- (a) nominate an entity, being an entity that is licensed or otherwise authorised under the jurisdictional gas legislation of that jurisdiction to operate a distribution pipeline that is not a scheme pipeline, as an entity to which this section applies (the nominated distributor ); and\n- (b) apply to the nominated distributor specified provisions of the Rules that relate to the following matters: (i) the connection of premises of retail customers; (ii) retail support obligations between distributors and retailers; (iii) credit support arrangements between distributors and retailers.\n- (i) the connection of premises of retail customers;\n- (ii) retail support obligations between distributors and retailers;\n- (iii) credit support arrangements between distributors and retailers.\n- (i) the connection of premises of retail customers;\n- (ii) retail support obligations between distributors and retailers;\n- (iii) credit support arrangements between distributors and retailers.\n- (a) must comply with the Rules to the extent that the Rules are applied by the local regulation to the nominated distributor; and\n- (b) may, to the extent that the Rules apply to the nominated distributor, be proceeded against under this Law for any breach of those Rules.\n- (a) the whole or a specified part of the geographical area of a jurisdiction; or\n- (b) the whole or a specified part of the distribution pipeline that is operated by the entity,","sortOrder":13},{"sectionNumber":"sec.9","sectionType":"section","heading":"Passive owners of pipelines deemed to provide or intend to provide pipeline services","content":"### sec.9 Passive owners of pipelines deemed to provide or intend to provide pipeline services\n\nThis section applies to a person who owns a pipeline but does not provide or intend to provide pipeline services by means of that pipeline.\nThe person is, for the purposes of this Law, deemed to provide or intend to provide pipeline services by means of that pipeline even if the person does not, in fact, do so.\ns 9 amd 2022 No. 21 (SA) s 19\n(sec.9-ssec.1) This section applies to a person who owns a pipeline but does not provide or intend to provide pipeline services by means of that pipeline.\n(sec.9-ssec.2) The person is, for the purposes of this Law, deemed to provide or intend to provide pipeline services by means of that pipeline even if the person does not, in fact, do so.","sortOrder":14},{"sectionNumber":"sec.10","sectionType":"section","heading":"Things done by 1 service provider to be treated as being done by all of service provider group","content":"### sec.10 Things done by 1 service provider to be treated as being done by all of service provider group\n\nThis section applies if—\nmore than 1 person (a group ) carries out a controlling facility activity in respect of a covered gas industry facility (or part of a covered gas industry facility); and\nunder this Law or the Rules a person who carries out a controlling facility activity in respect of the facility (or part of the facility) mentioned in paragraph (a) is required or allowed to do a thing.\nA member of the group (the complying member ) may do that thing on behalf of the other members of the group if the complying member has the written permission of all of the members of that group to do that thing on behalf of the group.\nUnless this Law or the Rules otherwise provide, on the doing of a thing referred to in subsection (2) by a complying member, the members of the group on whose behalf the complying member does that thing must, for the purposes of this Law and the Rules, each be taken to have done the thing done by the complying member.\nThis section does not apply to a thing required or allowed to be done under section 131 , Chapter 4 Part 2 or section 201 , 202 , 204 , 228K or 228L .\nIn this section—\ncontrolling facility activity means—\nin relation to a pipeline—own, control or operate, or intend to own, control or operate, the pipeline (or part of the pipeline); or\nin relation to any other covered gas industry facility—own, control or operate the covered gas industry facility (or part of the facility).\ns 10 amd 2018 No. 23 (SA) s 6 ; 2022 No. 3 (SA) s 5 ; 2023 No. 36 (SA) s 9\n(sec.10-ssec.1) This section applies if— more than 1 person (a group ) carries out a controlling facility activity in respect of a covered gas industry facility (or part of a covered gas industry facility); and under this Law or the Rules a person who carries out a controlling facility activity in respect of the facility (or part of the facility) mentioned in paragraph (a) is required or allowed to do a thing.\n(sec.10-ssec.2) A member of the group (the complying member ) may do that thing on behalf of the other members of the group if the complying member has the written permission of all of the members of that group to do that thing on behalf of the group.\n(sec.10-ssec.3) Unless this Law or the Rules otherwise provide, on the doing of a thing referred to in subsection (2) by a complying member, the members of the group on whose behalf the complying member does that thing must, for the purposes of this Law and the Rules, each be taken to have done the thing done by the complying member.\n(sec.10-ssec.4) This section does not apply to a thing required or allowed to be done under section 131 , Chapter 4 Part 2 or section 201 , 202 , 204 , 228K or 228L .\n(sec.10-ssec.5) In this section— controlling facility activity means— in relation to a pipeline—own, control or operate, or intend to own, control or operate, the pipeline (or part of the pipeline); or in relation to any other covered gas industry facility—own, control or operate the covered gas industry facility (or part of the facility).\n- (a) more than 1 person (a group ) carries out a controlling facility activity in respect of a covered gas industry facility (or part of a covered gas industry facility); and\n- (b) under this Law or the Rules a person who carries out a controlling facility activity in respect of the facility (or part of the facility) mentioned in paragraph (a) is required or allowed to do a thing.\n- (a) in relation to a pipeline—own, control or operate, or intend to own, control or operate, the pipeline (or part of the pipeline); or\n- (b) in relation to any other covered gas industry facility—own, control or operate the covered gas industry facility (or part of the facility).","sortOrder":15},{"sectionNumber":"sec.11","sectionType":"section","heading":"Local agents of foreign service providers","content":"### sec.11 Local agents of foreign service providers\n\nThis section applies if—\na service provider is a foreign company; and\nthe service provider has, under the Corporations Act 2001 of the Commonwealth, appointed a local agent within the meaning of that Act.\nThe local agent—\nis answerable for the doing of all acts, matters and things the service provider is required by or under this Law to do; and\nis personally liable to a penalty imposed on the service provider for a breach of a provision of this Law or the Rules if a court hearing the matter is satisfied that the local agent should be so liable.\n(sec.11-ssec.1) This section applies if— a service provider is a foreign company; and the service provider has, under the Corporations Act 2001 of the Commonwealth, appointed a local agent within the meaning of that Act.\n(sec.11-ssec.2) The local agent— is answerable for the doing of all acts, matters and things the service provider is required by or under this Law to do; and is personally liable to a penalty imposed on the service provider for a breach of a provision of this Law or the Rules if a court hearing the matter is satisfied that the local agent should be so liable.\n- (a) a service provider is a foreign company; and\n- (b) the service provider has, under the Corporations Act 2001 of the Commonwealth, appointed a local agent within the meaning of that Act.\n- (a) is answerable for the doing of all acts, matters and things the service provider is required by or under this Law to do; and\n- (b) is personally liable to a penalty imposed on the service provider for a breach of a provision of this Law or the Rules if a court hearing the matter is satisfied that the local agent should be so liable.","sortOrder":16},{"sectionNumber":"sec.12","sectionType":"section","heading":"Commissioning of a pipeline","content":"### sec.12 Commissioning of a pipeline\n\nA pipeline is commissioned when the pipeline is first used for the haulage of covered gas, on a commercial basis.\ns 12 amd 2023 No. 36 (SA) s 10","sortOrder":17},{"sectionNumber":"sec.13","sectionType":"section","heading":"Pipeline classification criterion","content":"### sec.13 Pipeline classification criterion\n\nThe pipeline classification criterion is whether the primary function of the pipeline is to—\nreticulate gas within a market (which is the primary function of a distribution pipeline); or\nconvey gas to a market (which is the primary function of a transmission pipeline).\nWithout limiting subsection (1) , in determining the primary function of the pipeline, regard must also be had to whether the characteristics of the pipeline are those of a transmission pipeline or distribution pipeline having regard to—\nthe characteristics and classification of, as the case requires, an old scheme transmission pipeline or an old scheme distribution pipeline;\nthe characteristics of, as the case requires, a transmission pipeline or a distribution pipeline classified under this Law;\nthe characteristics and classification of pipelines specified in the Rules (if any);\nthe diameter of the pipeline;\nthe pressure at which the pipeline is or will be designed to operate;\nthe number of points at which gas can or will be injected into the pipeline;\nthe extent of the area served or to be served by the pipeline;\nthe pipeline’s linear or dendritic configuration;\nthe type of pipeline licence or authorisation that has been obtained in respect of the pipeline under jurisdictional gas legislation.\ns 13 amd 2022 No. 21 (SA) s 20\n(sec.13-ssec.1) The pipeline classification criterion is whether the primary function of the pipeline is to— reticulate gas within a market (which is the primary function of a distribution pipeline); or convey gas to a market (which is the primary function of a transmission pipeline).\n(sec.13-ssec.2) Without limiting subsection (1) , in determining the primary function of the pipeline, regard must also be had to whether the characteristics of the pipeline are those of a transmission pipeline or distribution pipeline having regard to— the characteristics and classification of, as the case requires, an old scheme transmission pipeline or an old scheme distribution pipeline; the characteristics of, as the case requires, a transmission pipeline or a distribution pipeline classified under this Law; the characteristics and classification of pipelines specified in the Rules (if any); the diameter of the pipeline; the pressure at which the pipeline is or will be designed to operate; the number of points at which gas can or will be injected into the pipeline; the extent of the area served or to be served by the pipeline; the pipeline’s linear or dendritic configuration; the type of pipeline licence or authorisation that has been obtained in respect of the pipeline under jurisdictional gas legislation.\n- (a) reticulate gas within a market (which is the primary function of a distribution pipeline); or\n- (b) convey gas to a market (which is the primary function of a transmission pipeline).\n- (a) the characteristics and classification of, as the case requires, an old scheme transmission pipeline or an old scheme distribution pipeline;\n- (b) the characteristics of, as the case requires, a transmission pipeline or a distribution pipeline classified under this Law;\n- (c) the characteristics and classification of pipelines specified in the Rules (if any);\n- (d) the diameter of the pipeline;\n- (e) the pressure at which the pipeline is or will be designed to operate;\n- (f) the number of points at which gas can or will be injected into the pipeline;\n- (g) the extent of the area served or to be served by the pipeline;\n- (h) the pipeline’s linear or dendritic configuration;\n- (i) the type of pipeline licence or authorisation that has been obtained in respect of the pipeline under jurisdictional gas legislation.","sortOrder":18},{"sectionNumber":"sec.14","sectionType":"section","heading":"Local regulations may exempt pipeline","content":"### sec.14 Local regulations may exempt pipeline\n\nA local regulation may declare a pipeline, or a proposed pipeline, to be a remote pipeline if the pipeline—\nis, or will be, hauling covered gas other than natural gas or a natural gas equivalent, as defined in the National Energy Retail Law ; and\nis, or will be, wholly within the jurisdiction for which the regulation is made; and\nis not, or will not be, interconnected in any way with the system of transmission pipelines and distribution pipelines used to convey gas within and between participating jurisdictions.\nA remote pipeline, and the service provider for the pipeline (but only in respect of the remote pipeline) is exempt from the following:\nsection 91DB ;\nChapter 3 ;\nChapter 4 ;\nChapter 5 ;\nsection 223 ;\nChapter 7A .\nBefore recommending the making of a local regulation declaring a pipeline or a proposed pipeline to be a remote pipeline, the responsible Minister of the participating jurisdiction must have regard to the national gas objective.\nA pipeline or a proposed pipeline ceases, with immediate effect, to be a remote pipeline if—\n1 or more of the requirements in subsection (1) ceases to apply to the pipeline; or\nthe local regulation declaring the pipeline to be a remote pipeline is repealed.\ns 14 prev s 14 om 2022 No. 21 (SA) s 21\npres s 14 ins 2023 No. 36 (SA) s 11\n(sec.14-ssec.1) A local regulation may declare a pipeline, or a proposed pipeline, to be a remote pipeline if the pipeline— is, or will be, hauling covered gas other than natural gas or a natural gas equivalent, as defined in the National Energy Retail Law ; and is, or will be, wholly within the jurisdiction for which the regulation is made; and is not, or will not be, interconnected in any way with the system of transmission pipelines and distribution pipelines used to convey gas within and between participating jurisdictions.\n(sec.14-ssec.2) A remote pipeline, and the service provider for the pipeline (but only in respect of the remote pipeline) is exempt from the following: section 91DB ; Chapter 3 ; Chapter 4 ; Chapter 5 ; section 223 ; Chapter 7A .\n(sec.14-ssec.3) Before recommending the making of a local regulation declaring a pipeline or a proposed pipeline to be a remote pipeline, the responsible Minister of the participating jurisdiction must have regard to the national gas objective.\n(sec.14-ssec.4) A pipeline or a proposed pipeline ceases, with immediate effect, to be a remote pipeline if— 1 or more of the requirements in subsection (1) ceases to apply to the pipeline; or the local regulation declaring the pipeline to be a remote pipeline is repealed.\n- (a) is, or will be, hauling covered gas other than natural gas or a natural gas equivalent, as defined in the National Energy Retail Law ; and\n- (b) is, or will be, wholly within the jurisdiction for which the regulation is made; and\n- (c) is not, or will not be, interconnected in any way with the system of transmission pipelines and distribution pipelines used to convey gas within and between participating jurisdictions.\n- (a) section 91DB ;\n- (b) Chapter 3 ;\n- (c) Chapter 4 ;\n- (d) Chapter 5 ;\n- (e) section 223 ;\n- (f) Chapter 7A .\n- (a) 1 or more of the requirements in subsection (1) ceases to apply to the pipeline; or\n- (b) the local regulation declaring the pipeline to be a remote pipeline is repealed.","sortOrder":19},{"sectionNumber":"sec.15","sectionType":"section","heading":null,"content":"### Section sec.15\n\ns 15 om 2022 No. 21 (SA) s 21","sortOrder":20},{"sectionNumber":"sec.16","sectionType":"section","heading":"Form of regulation factors","content":"### sec.16 Form of regulation factors\n\nThe form of regulation factors are—\nthe presence and extent of any barriers to entry in a market for pipeline services;\nthe presence and extent of any network externalities (that is, interdependencies) between a covered gas service provided by a service provider and any other covered gas service provided by the service provider;\nthe presence and extent of any network externalities (that is, interdependencies) between a covered gas service provided by a service provider and any other service provided by the service provider in any other market;\nthe extent to which any market power possessed by a service provider is, or is likely to be, mitigated by any countervailing market power possessed by a user or prospective user;\nthe presence and extent of any substitute, and the elasticity of demand, in a market for a pipeline service in which a service provider provides that service;\nthe presence and extent of any substitute for, and the elasticity of demand in a market for, electricity or gas (as the case may be).\ns 16 amd 2022 No. 21 (SA) s 22 ; 2023 No. 36 (SA) s 12\n- (a) the presence and extent of any barriers to entry in a market for pipeline services;\n- (b) the presence and extent of any network externalities (that is, interdependencies) between a covered gas service provided by a service provider and any other covered gas service provided by the service provider;\n- (c) the presence and extent of any network externalities (that is, interdependencies) between a covered gas service provided by a service provider and any other service provided by the service provider in any other market;\n- (d) the extent to which any market power possessed by a service provider is, or is likely to be, mitigated by any countervailing market power possessed by a user or prospective user;\n- (e) the presence and extent of any substitute, and the elasticity of demand, in a market for a pipeline service in which a service provider provides that service;\n- (f) the presence and extent of any substitute for, and the elasticity of demand in a market for, electricity or gas (as the case may be).","sortOrder":21},{"sectionNumber":"sec.17","sectionType":"section","heading":"Effect of separate and consolidated access arrangements in certain cases","content":"### sec.17 Effect of separate and consolidated access arrangements in certain cases\n\nThis section applies despite anything to the contrary in this Law.\nIf, under this Law and the Rules, separate access arrangements are approved in an applicable access arrangement decision for pipeline services provided, or to be provided, by means of different parts of a scheme pipeline, each part of the scheme pipeline—\nby which pipeline services are provided; and\nto which each separate applicable access arrangement applies,\nmust to be taken to be a separate scheme pipeline for the purposes of this Law.\nIf under this Law and the Rules, a single access arrangement is approved in an applicable access arrangement decision for pipeline services provided, or to be provided, by means of 2 or more scheme pipelines, those pipelines must be taken to be a single scheme pipeline for the purposes of this Law.\ns 17 amd 2022 No. 21 (SA) s 23\n(sec.17-ssec.1) This section applies despite anything to the contrary in this Law.\n(sec.17-ssec.2) If, under this Law and the Rules, separate access arrangements are approved in an applicable access arrangement decision for pipeline services provided, or to be provided, by means of different parts of a scheme pipeline, each part of the scheme pipeline— by which pipeline services are provided; and to which each separate applicable access arrangement applies, must to be taken to be a separate scheme pipeline for the purposes of this Law.\n(sec.17-ssec.3) If under this Law and the Rules, a single access arrangement is approved in an applicable access arrangement decision for pipeline services provided, or to be provided, by means of 2 or more scheme pipelines, those pipelines must be taken to be a single scheme pipeline for the purposes of this Law.\n- (a) by which pipeline services are provided; and\n- (b) to which each separate applicable access arrangement applies,","sortOrder":22},{"sectionNumber":"sec.18","sectionType":"section","heading":"Certain extensions to, or expansion of the capacity of, pipelines to be taken to be part of a scheme pipeline","content":"### sec.18 Certain extensions to, or expansion of the capacity of, pipelines to be taken to be part of a scheme pipeline\n\nSubsection (2) applies in relation to an extension to a scheme pipeline if, by operation of the extension and expansion requirements under an applicable access arrangement, the applicable access arrangement will apply to pipeline services provided by means of the scheme pipeline as extended.\nFor the purposes of this Law—\nthe extension to the scheme pipeline must be taken to be part of the scheme pipeline; and\nthe pipeline as extended must be taken to be a scheme pipeline.\nAlso, for the purposes of this Law—\nan expansion of the capacity of a scheme pipeline must be taken to be part of the scheme pipeline; and\nthe pipeline as expanded must be taken to be a scheme pipeline.\ns 18 sub 2022 No. 21 (SA) s 24\n(sec.18-ssec.1) Subsection (2) applies in relation to an extension to a scheme pipeline if, by operation of the extension and expansion requirements under an applicable access arrangement, the applicable access arrangement will apply to pipeline services provided by means of the scheme pipeline as extended.\n(sec.18-ssec.2) For the purposes of this Law— the extension to the scheme pipeline must be taken to be part of the scheme pipeline; and the pipeline as extended must be taken to be a scheme pipeline.\n(sec.18-ssec.3) Also, for the purposes of this Law— an expansion of the capacity of a scheme pipeline must be taken to be part of the scheme pipeline; and the pipeline as expanded must be taken to be a scheme pipeline.\n- (a) the extension to the scheme pipeline must be taken to be part of the scheme pipeline; and\n- (b) the pipeline as extended must be taken to be a scheme pipeline.\n- (a) an expansion of the capacity of a scheme pipeline must be taken to be part of the scheme pipeline; and\n- (b) the pipeline as expanded must be taken to be a scheme pipeline.","sortOrder":23},{"sectionNumber":"sec.19","sectionType":"section","heading":"Expansions of the capacity of non-scheme pipelines to be taken to be part of non-scheme pipeline","content":"### sec.19 Expansions of the capacity of non-scheme pipelines to be taken to be part of non-scheme pipeline\n\nFor the purposes of this Law—\nan expansion of the capacity of a non-scheme pipeline must be taken to be part of the non-scheme pipeline; and\nthe pipeline as expanded must be taken to be a non-scheme pipeline.\ns 19 sub 2022 No. 21 (SA) s 24\n- (a) an expansion of the capacity of a non-scheme pipeline must be taken to be part of the non-scheme pipeline; and\n- (b) the pipeline as expanded must be taken to be a non-scheme pipeline.","sortOrder":24},{"sectionNumber":"sec.19A","sectionType":"section","heading":"Related bodies corporate","content":"### sec.19A Related bodies corporate\n\nFor the purposes of this Law, 2 or more bodies corporate are related to each other if they are related bodies corporate within the meaning of the Corporations Act 2001 of the Commonwealth.\ns 19A ins 2020 No. 37 (SA) s 49","sortOrder":25},{"sectionNumber":"sec.20","sectionType":"section","heading":"Interpretation generally","content":"### sec.20 Interpretation generally\n\nSchedule 2 to this Law applies to this Law, the Regulations and the Rules and any other statutory instrument made under this Law.","sortOrder":26},{"sectionNumber":"ch.1-pt.2","sectionType":"part","heading":"Participating jurisdictions","content":"# Participating jurisdictions","sortOrder":27},{"sectionNumber":"sec.21","sectionType":"section","heading":"Participating jurisdictions","content":"### sec.21 Participating jurisdictions\n\nThe following jurisdictions are participating jurisdictions for the purposes of this Law—\nthe State of South Australia; and\nthe Commonwealth, a Territory or a State (other than South Australia) if there is in force, as part of the law of that jurisdiction, a law that applies this Law or any part of this Law (whether by a law that corresponds to Part 2 of the National Gas (South Australia) Act 2008 of South Australia or by some other law).\nIf a law of a participating jurisdiction referred to in subsection (1) (b) ceases to be in force, the jurisdiction ceases to be a participating jurisdiction.\ns 21 sub 2021 No. 3 (SA) s 34\n(sec.21-ssec.1) The following jurisdictions are participating jurisdictions for the purposes of this Law— the State of South Australia; and the Commonwealth, a Territory or a State (other than South Australia) if there is in force, as part of the law of that jurisdiction, a law that applies this Law or any part of this Law (whether by a law that corresponds to Part 2 of the National Gas (South Australia) Act 2008 of South Australia or by some other law).\n(sec.21-ssec.2) If a law of a participating jurisdiction referred to in subsection (1) (b) ceases to be in force, the jurisdiction ceases to be a participating jurisdiction.\n- (a) the State of South Australia; and\n- (b) the Commonwealth, a Territory or a State (other than South Australia) if there is in force, as part of the law of that jurisdiction, a law that applies this Law or any part of this Law (whether by a law that corresponds to Part 2 of the National Gas (South Australia) Act 2008 of South Australia or by some other law).","sortOrder":28},{"sectionNumber":"sec.22","sectionType":"section","heading":"Ministers of participating jurisdictions","content":"### sec.22 Ministers of participating jurisdictions\n\nThe Ministers of the participating jurisdictions are—\nthe South Australian Minister; and\nthe Ministers of the Crown in right of the other participating jurisdictions administering the laws of those jurisdictions that apply this Law or any part of this Law (whether by a law that corresponds to Part 2 of the National Gas (South Australia) Act 2008 of South Australia or by some other law).\ns 22 amd 2009 No. 30 (SA) s 10 ; 2021 No. 3 (SA) s 35 ; 2022 No. 21 (SA) s 25\n- (a) the South Australian Minister; and\n- (b) the Ministers of the Crown in right of the other participating jurisdictions administering the laws of those jurisdictions that apply this Law or any part of this Law (whether by a law that corresponds to Part 2 of the National Gas (South Australia) Act 2008 of South Australia or by some other law).","sortOrder":29},{"sectionNumber":"ch.1-pt.3","sectionType":"part","heading":"National gas objective and principles","content":"# National gas objective and principles","sortOrder":30},{"sectionNumber":"ch.1-pt.3-div.1","sectionType":"division","heading":"National gas objective","content":"## National gas objective","sortOrder":31},{"sectionNumber":"sec.23","sectionType":"section","heading":"National gas objective","content":"### sec.23 National gas objective\n\nThe objective of this Law is to promote efficient investment in, and efficient operation and use of, covered gas services for the long term interests of consumers of covered gas with respect to—\nprice, quality, safety, reliability and security of supply of covered gas; and\nthe achievement of targets set by a participating jurisdiction—\nfor reducing Australia’s greenhouse gas emissions; or\nthat are likely to contribute to reducing Australia’s greenhouse gas emissions.\nThe AEMC must publish targets in a targets statement: see section 72A .\ns 23 amd 2023 No. 26 (SA) s 14 ; 2023 No. 36 (SA) s 13\n- (a) price, quality, safety, reliability and security of supply of covered gas; and\n- (b) the achievement of targets set by a participating jurisdiction— (i) for reducing Australia’s greenhouse gas emissions; or (ii) that are likely to contribute to reducing Australia’s greenhouse gas emissions.\n- (i) for reducing Australia’s greenhouse gas emissions; or\n- (ii) that are likely to contribute to reducing Australia’s greenhouse gas emissions.\n- (i) for reducing Australia’s greenhouse gas emissions; or\n- (ii) that are likely to contribute to reducing Australia’s greenhouse gas emissions.","sortOrder":32},{"sectionNumber":"sec.23A","sectionType":"section","heading":"Regulations may prescribe matters for national gas objective","content":"### sec.23A Regulations may prescribe matters for national gas objective\n\nWithout limiting Part 3 of the National Gas (South Australia) Act 2008 of South Australia, the Regulations may make provision about a matter relating to the achievement of targets mentioned in section 23 (b) of this Law.\ns 23A ins 2023 No. 26 (SA) s 15","sortOrder":33},{"sectionNumber":"ch.1-pt.3-div.2","sectionType":"division","heading":"Revenue and pricing principles relating to scheme pipelines","content":"## Revenue and pricing principles relating to scheme pipelines","sortOrder":34},{"sectionNumber":"sec.24","sectionType":"section","heading":"Revenue and pricing principles relating to scheme pipelines","content":"### sec.24 Revenue and pricing principles relating to scheme pipelines\n\nThe revenue and pricing principles that apply in relation to a pipeline service provided by means of a scheme pipeline are the principles set out in subsections (2) to (7) .\nA scheme pipeline service provider should be provided with a reasonable opportunity to recover at least the efficient costs the service provider incurs in—\nproviding reference services; and\ncomplying with a regulatory obligation or requirement or making a regulatory payment.\nA scheme pipeline service provider should be provided with effective incentives in order to promote economic efficiency with respect to reference services the service provider provides. The economic efficiency that should be promoted includes—\nefficient investment in, or in connection with, a pipeline with which the service provider provides reference services; and\nthe efficient provision of pipeline services; and\nthe efficient use of the pipeline.\nRegard should be had to the capital base with respect to a pipeline adopted—\nin any previous—\naccess arrangement decision; or\ndecision of a relevant Regulator under section 2 of the Gas Code;\nin the Rules.\nA reference tariff should allow for a return commensurate with the regulatory and commercial risks involved in providing the reference service to which that tariff relates.\nRegard should be had to the economic costs and risks of the potential for under and over investment by a scheme pipeline service provider in a pipeline with which the service provider provides pipeline services.\nRegard should be had to the economic costs and risks of the potential for under and over utilisation of a pipeline with which a scheme pipeline service provider provides pipeline services.\ns 24 amd 2022 No. 21 (SA) s 27\n(sec.24-ssec.1) The revenue and pricing principles that apply in relation to a pipeline service provided by means of a scheme pipeline are the principles set out in subsections (2) to (7) .\n(sec.24-ssec.2) A scheme pipeline service provider should be provided with a reasonable opportunity to recover at least the efficient costs the service provider incurs in— providing reference services; and complying with a regulatory obligation or requirement or making a regulatory payment.\n(sec.24-ssec.3) A scheme pipeline service provider should be provided with effective incentives in order to promote economic efficiency with respect to reference services the service provider provides. The economic efficiency that should be promoted includes— efficient investment in, or in connection with, a pipeline with which the service provider provides reference services; and the efficient provision of pipeline services; and the efficient use of the pipeline.\n(sec.24-ssec.4) Regard should be had to the capital base with respect to a pipeline adopted— in any previous— access arrangement decision; or decision of a relevant Regulator under section 2 of the Gas Code; in the Rules.\n(sec.24-ssec.5) A reference tariff should allow for a return commensurate with the regulatory and commercial risks involved in providing the reference service to which that tariff relates.\n(sec.24-ssec.6) Regard should be had to the economic costs and risks of the potential for under and over investment by a scheme pipeline service provider in a pipeline with which the service provider provides pipeline services.\n(sec.24-ssec.7) Regard should be had to the economic costs and risks of the potential for under and over utilisation of a pipeline with which a scheme pipeline service provider provides pipeline services.\n- (a) providing reference services; and\n- (b) complying with a regulatory obligation or requirement or making a regulatory payment.\n- (a) efficient investment in, or in connection with, a pipeline with which the service provider provides reference services; and\n- (b) the efficient provision of pipeline services; and\n- (c) the efficient use of the pipeline.\n- (a) in any previous— (i) access arrangement decision; or (ii) decision of a relevant Regulator under section 2 of the Gas Code;\n- (i) access arrangement decision; or\n- (ii) decision of a relevant Regulator under section 2 of the Gas Code;\n- (b) in the Rules.\n- (i) access arrangement decision; or\n- (ii) decision of a relevant Regulator under section 2 of the Gas Code;","sortOrder":35},{"sectionNumber":"ch.1-pt.3-div.2A","sectionType":"division","heading":"Innovative trial principles","content":"## Innovative trial principles","sortOrder":36},{"sectionNumber":"sec.24A","sectionType":"section","heading":"Innovative trial principles","content":"### sec.24A Innovative trial principles\n\nThe following principles (the innovative trial principles ) must be taken into account in determining whether a trial project is genuinely innovative in connection with granting a trial waiver or making a trial Rule relating to a trial project:\nwhether the trial project is focused on developing new or materially improved covered gas services;\nwhether the trial project is likely to contribute to the achievement of the national gas objective;\nwhether the trial project is able to demonstrate a reasonable prospect of giving rise to materially improved services and outcomes for consumers of covered gas;\nwhether the trial project maintains adequate consumer protections, including whether the trial project may involve risks to consumers and (if so), how those risks might be mitigated;\nwhether the trial project is unable to proceed under the existing regulatory framework;\nwhether the trial project has moved beyond research and development stages but is not yet established, or of sufficient maturity, size or otherwise commercially ready, to attract investment;\nwhether the trial project may negatively impact AEMO’s operation of systems relating to covered gas (including AEMO’s performance of its declared system functions), and markets and auctions for covered gas and, if there are impacts, how those impacts can be mitigated;\nwhether the trial project may impact on competition in a competitive sector of a market for covered gas;\nwhether the licences, authorisations and consents required for the trial project under jurisdictional gas legislation have been obtained or will be obtained;\nany other principle prescribed by the Regulations.\ns 24A ins 2022 No. 22 (SA) s 33\namd 2023 No. 36 (SA) s 14\n- (a) whether the trial project is focused on developing new or materially improved covered gas services;\n- (b) whether the trial project is likely to contribute to the achievement of the national gas objective;\n- (c) whether the trial project is able to demonstrate a reasonable prospect of giving rise to materially improved services and outcomes for consumers of covered gas;\n- (d) whether the trial project maintains adequate consumer protections, including whether the trial project may involve risks to consumers and (if so), how those risks might be mitigated;\n- (e) whether the trial project is unable to proceed under the existing regulatory framework;\n- (f) whether the trial project has moved beyond research and development stages but is not yet established, or of sufficient maturity, size or otherwise commercially ready, to attract investment;\n- (g) whether the trial project may negatively impact AEMO’s operation of systems relating to covered gas (including AEMO’s performance of its declared system functions), and markets and auctions for covered gas and, if there are impacts, how those impacts can be mitigated;\n- (h) whether the trial project may impact on competition in a competitive sector of a market for covered gas;\n- (ha) whether the licences, authorisations and consents required for the trial project under jurisdictional gas legislation have been obtained or will be obtained;\n- (i) any other principle prescribed by the Regulations.","sortOrder":37},{"sectionNumber":"ch.1-pt.3-div.3","sectionType":"division","heading":"MCE policy principles","content":"## MCE policy principles","sortOrder":38},{"sectionNumber":"sec.25","sectionType":"section","heading":"MCE statements of policy principles","content":"### sec.25 MCE statements of policy principles\n\nSubject to this section, the MCE may issue a statement of policy principles in relation to any matters that are relevant to the exercise and performance by the AEMC of its functions and powers in—\nmaking a Rule; or\nconducting a review under section 83 .\nBefore issuing a statement of policy principles, the MCE must be satisfied that the statement is consistent with the national gas objective.\nAs soon as practicable after issuing a statement of policy principles, the MCE must give a copy of the statement to the AEMC.\nThe AEMC must publish the statement in the South Australian Government Gazette and on its website as soon as practicable after it is given a copy of the statement.\n(sec.25-ssec.1) Subject to this section, the MCE may issue a statement of policy principles in relation to any matters that are relevant to the exercise and performance by the AEMC of its functions and powers in— making a Rule; or conducting a review under section 83 .\n(sec.25-ssec.2) Before issuing a statement of policy principles, the MCE must be satisfied that the statement is consistent with the national gas objective.\n(sec.25-ssec.3) As soon as practicable after issuing a statement of policy principles, the MCE must give a copy of the statement to the AEMC.\n(sec.25-ssec.4) The AEMC must publish the statement in the South Australian Government Gazette and on its website as soon as practicable after it is given a copy of the statement.\n- (a) making a Rule; or\n- (b) conducting a review under section 83 .","sortOrder":39},{"sectionNumber":"ch.1-pt.4","sectionType":"part","heading":"Operation and effect of National Gas Rules","content":"# Operation and effect of National Gas Rules","sortOrder":40},{"sectionNumber":"sec.26","sectionType":"section","heading":"National Gas Rules to have force of law","content":"### sec.26 National Gas Rules to have force of law\n\nThe National Gas Rules have the force of law in this jurisdiction.","sortOrder":41},{"sectionNumber":"ch.1-pt.5","sectionType":"part","heading":"Corporations Act displacement","content":"# Corporations Act displacement","sortOrder":42},{"sectionNumber":"sec.26A","sectionType":"section","heading":"Corporations Act displacement","content":"### sec.26A Corporations Act displacement\n\nThe Regulations may declare a relevant provision to be a Corporations legislation displacement provision for the purposes of section 5G of the Corporations Act 2001 of the Commonwealth in relation to the provisions of Chapter 5 of that Act.\nIn this section—\nrelevant provision means a provision of the Rules that relates to any of the following:\nthe functions of the AEMO under procedures relating to defaults by retailers;\nthe application (or drawing on) of credit support held by a distributor in respect of a retailer who is the subject of a RoLR event within the meaning of Part 6 of the National Energy Retail Law.\ns 26A ins 2011 No. 7 (SA) s 53\n(sec.26A-ssec.1) The Regulations may declare a relevant provision to be a Corporations legislation displacement provision for the purposes of section 5G of the Corporations Act 2001 of the Commonwealth in relation to the provisions of Chapter 5 of that Act.\n(sec.26A-ssec.2) In this section— relevant provision means a provision of the Rules that relates to any of the following: the functions of the AEMO under procedures relating to defaults by retailers; the application (or drawing on) of credit support held by a distributor in respect of a retailer who is the subject of a RoLR event within the meaning of Part 6 of the National Energy Retail Law.\n- (a) the functions of the AEMO under procedures relating to defaults by retailers;\n- (b) the application (or drawing on) of credit support held by a distributor in respect of a retailer who is the subject of a RoLR event within the meaning of Part 6 of the National Energy Retail Law.","sortOrder":43},{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"Functions and powers of the Australian Energy Regulator","content":"# Functions and powers of the Australian Energy Regulator","sortOrder":44},{"sectionNumber":"ch.2-pt.1-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":45},{"sectionNumber":"sec.27","sectionType":"section","heading":"Functions and powers of the AER","content":"### sec.27 Functions and powers of the AER\n\nThe AER has the following functions and powers:\nto monitor compliance by persons (including AEMO) with this Law, the Regulations and the Rules, including compliance with an applicable access arrangement, an access determination and a ring fencing decision; and\nto investigate breaches or possible breaches of provisions of this Law, the Regulations or the Rules, including offences against this Law; and\nwithout limiting paragraphs (a) and (b) , in relation to a person undertaking a trial project under a trial Rule or trial waiver, to monitor the conduct and outcomes of the trial project and investigate breaches or possible breaches by the person of—\nthis Law, the Regulations and the Rules; and\nin particular—\nin the case of a person undertaking a trial project under a trial Rule—the trial Rule and any requirements imposed by the AEMC under section 314B ; and\nin the case of a person undertaking a trial project under a trial waiver—the trial waiver and any conditions to which the trial waiver is subject; and\nto institute and conduct proceedings in relation to breaches of provisions of this Law, the Regulations or the Rules, including offences against this Law; and\nto institute and conduct appeals from decisions in proceedings referred to in paragraph (c) ; and\nto make—\nscheme pipeline determinations; and\nscheme pipeline revocation determinations; and\ngreenfields incentive determinations; and\ngreenfields price protection determinations; and\nto monitor service providers’ behaviour in relation to particular matters, including, for example, the prices charged by service providers for pipeline services; and\nto make a rate of return instrument; and\nAER economic regulatory functions or powers; and\nto make and amend the Operational Transportation Service Code in accordance with this Law and the Rules; and\nthe AER trial waiver functions; and\nto prepare and publish reports on the financial and operational performance of service providers in providing pipeline services by means of scheme pipelines; and\nin relation to goods or services in the covered gas industry—\nto prepare and publish, in accordance with the Rules, aggregated and anonymised information or data about prices for those goods or services; and\nother monitoring, analysing or reporting functions that relate to prices for those goods or services conferred on the AER by this Law or the Rules; and\nfor the purposes of subparagraph (i) or (ii) —to collect and analyse information or data about prices from sources determined by the AER or specified in the Rules; and\nto approve compliance programs of service providers relating to compliance by service providers with this Law or the Rules; and\nAER wholesale market monitoring functions and AER wholesale market reporting functions; and\nany other functions and powers conferred on it under this Law or the Rules.\nThe AER has the following functions and powers in relation to the Procedures:\nto investigate breaches or possible breaches of the Procedures referred to the AER by AEMO; and\nto institute and conduct proceedings in relation to breaches of the Procedures referred to the AER by AEMO; and\nto institute and conduct appeals from decisions in proceedings referred to in paragraph (b) ; and\nto approve, in consultation with AEMO, compliance programs relating to compliance by Registered participants with the Procedures.\nThe AER has the power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\ns 27 amd 2009 No. 30 (SA) s 11 ; 2018 No. 23 (SA) s 7 ; 2018 No. 33 (SA) s 14 ; 2022 No. 3 (SA) s 6 ; 2022 No. 22 (SA) s 34 ; 2022 No. 21 (SA) s 28 ; 2023 No. 36 (SA) s 15 ; 2024 No. 12 (SA) s 14\n(sec.27-ssec.1) The AER has the following functions and powers: to monitor compliance by persons (including AEMO) with this Law, the Regulations and the Rules, including compliance with an applicable access arrangement, an access determination and a ring fencing decision; and to investigate breaches or possible breaches of provisions of this Law, the Regulations or the Rules, including offences against this Law; and without limiting paragraphs (a) and (b) , in relation to a person undertaking a trial project under a trial Rule or trial waiver, to monitor the conduct and outcomes of the trial project and investigate breaches or possible breaches by the person of— this Law, the Regulations and the Rules; and in particular— in the case of a person undertaking a trial project under a trial Rule—the trial Rule and any requirements imposed by the AEMC under section 314B ; and in the case of a person undertaking a trial project under a trial waiver—the trial waiver and any conditions to which the trial waiver is subject; and to institute and conduct proceedings in relation to breaches of provisions of this Law, the Regulations or the Rules, including offences against this Law; and to institute and conduct appeals from decisions in proceedings referred to in paragraph (c) ; and to make— scheme pipeline determinations; and scheme pipeline revocation determinations; and greenfields incentive determinations; and greenfields price protection determinations; and to monitor service providers’ behaviour in relation to particular matters, including, for example, the prices charged by service providers for pipeline services; and to make a rate of return instrument; and AER economic regulatory functions or powers; and to make and amend the Operational Transportation Service Code in accordance with this Law and the Rules; and the AER trial waiver functions; and to prepare and publish reports on the financial and operational performance of service providers in providing pipeline services by means of scheme pipelines; and in relation to goods or services in the covered gas industry— to prepare and publish, in accordance with the Rules, aggregated and anonymised information or data about prices for those goods or services; and other monitoring, analysing or reporting functions that relate to prices for those goods or services conferred on the AER by this Law or the Rules; and for the purposes of subparagraph (i) or (ii) —to collect and analyse information or data about prices from sources determined by the AER or specified in the Rules; and to approve compliance programs of service providers relating to compliance by service providers with this Law or the Rules; and AER wholesale market monitoring functions and AER wholesale market reporting functions; and any other functions and powers conferred on it under this Law or the Rules.\n(sec.27-ssec.1a) The AER has the following functions and powers in relation to the Procedures: to investigate breaches or possible breaches of the Procedures referred to the AER by AEMO; and to institute and conduct proceedings in relation to breaches of the Procedures referred to the AER by AEMO; and to institute and conduct appeals from decisions in proceedings referred to in paragraph (b) ; and to approve, in consultation with AEMO, compliance programs relating to compliance by Registered participants with the Procedures.\n(sec.27-ssec.2) The AER has the power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n- (a) to monitor compliance by persons (including AEMO) with this Law, the Regulations and the Rules, including compliance with an applicable access arrangement, an access determination and a ring fencing decision; and\n- (b) to investigate breaches or possible breaches of provisions of this Law, the Regulations or the Rules, including offences against this Law; and\n- (ba) without limiting paragraphs (a) and (b) , in relation to a person undertaking a trial project under a trial Rule or trial waiver, to monitor the conduct and outcomes of the trial project and investigate breaches or possible breaches by the person of— (i) this Law, the Regulations and the Rules; and (ii) in particular— (A) in the case of a person undertaking a trial project under a trial Rule—the trial Rule and any requirements imposed by the AEMC under section 314B ; and (B) in the case of a person undertaking a trial project under a trial waiver—the trial waiver and any conditions to which the trial waiver is subject; and\n- (i) this Law, the Regulations and the Rules; and\n- (ii) in particular— (A) in the case of a person undertaking a trial project under a trial Rule—the trial Rule and any requirements imposed by the AEMC under section 314B ; and (B) in the case of a person undertaking a trial project under a trial waiver—the trial waiver and any conditions to which the trial waiver is subject; and\n- (A) in the case of a person undertaking a trial project under a trial Rule—the trial Rule and any requirements imposed by the AEMC under section 314B ; and\n- (B) in the case of a person undertaking a trial project under a trial waiver—the trial waiver and any conditions to which the trial waiver is subject; and\n- (c) to institute and conduct proceedings in relation to breaches of provisions of this Law, the Regulations or the Rules, including offences against this Law; and\n- (d) to institute and conduct appeals from decisions in proceedings referred to in paragraph (c) ; and\n- (daa) to make— (i) scheme pipeline determinations; and (ii) scheme pipeline revocation determinations; and (iii) greenfields incentive determinations; and (iv) greenfields price protection determinations; and\n- (i) scheme pipeline determinations; and\n- (ii) scheme pipeline revocation determinations; and\n- (iii) greenfields incentive determinations; and\n- (iv) greenfields price protection determinations; and\n- (dab) to monitor service providers’ behaviour in relation to particular matters, including, for example, the prices charged by service providers for pipeline services; and\n- (da) to make a rate of return instrument; and\n- (e) AER economic regulatory functions or powers; and\n- (ea) to make and amend the Operational Transportation Service Code in accordance with this Law and the Rules; and\n- (eb) the AER trial waiver functions; and\n- (f) to prepare and publish reports on the financial and operational performance of service providers in providing pipeline services by means of scheme pipelines; and\n- (fa) in relation to goods or services in the covered gas industry— (i) to prepare and publish, in accordance with the Rules, aggregated and anonymised information or data about prices for those goods or services; and (ii) other monitoring, analysing or reporting functions that relate to prices for those goods or services conferred on the AER by this Law or the Rules; and (iii) for the purposes of subparagraph (i) or (ii) —to collect and analyse information or data about prices from sources determined by the AER or specified in the Rules; and\n- (i) to prepare and publish, in accordance with the Rules, aggregated and anonymised information or data about prices for those goods or services; and\n- (ii) other monitoring, analysing or reporting functions that relate to prices for those goods or services conferred on the AER by this Law or the Rules; and\n- (iii) for the purposes of subparagraph (i) or (ii) —to collect and analyse information or data about prices from sources determined by the AER or specified in the Rules; and\n- (g) to approve compliance programs of service providers relating to compliance by service providers with this Law or the Rules; and\n- (ga) AER wholesale market monitoring functions and AER wholesale market reporting functions; and\n- (h) any other functions and powers conferred on it under this Law or the Rules.\n- (i) this Law, the Regulations and the Rules; and\n- (ii) in particular— (A) in the case of a person undertaking a trial project under a trial Rule—the trial Rule and any requirements imposed by the AEMC under section 314B ; and (B) in the case of a person undertaking a trial project under a trial waiver—the trial waiver and any conditions to which the trial waiver is subject; and\n- (A) in the case of a person undertaking a trial project under a trial Rule—the trial Rule and any requirements imposed by the AEMC under section 314B ; and\n- (B) in the case of a person undertaking a trial project under a trial waiver—the trial waiver and any conditions to which the trial waiver is subject; and\n- (A) in the case of a person undertaking a trial project under a trial Rule—the trial Rule and any requirements imposed by the AEMC under section 314B ; and\n- (B) in the case of a person undertaking a trial project under a trial waiver—the trial waiver and any conditions to which the trial waiver is subject; and\n- (i) scheme pipeline determinations; and\n- (ii) scheme pipeline revocation determinations; and\n- (iii) greenfields incentive determinations; and\n- (iv) greenfields price protection determinations; and\n- (i) to prepare and publish, in accordance with the Rules, aggregated and anonymised information or data about prices for those goods or services; and\n- (ii) other monitoring, analysing or reporting functions that relate to prices for those goods or services conferred on the AER by this Law or the Rules; and\n- (iii) for the purposes of subparagraph (i) or (ii) —to collect and analyse information or data about prices from sources determined by the AER or specified in the Rules; and\n- (a) to investigate breaches or possible breaches of the Procedures referred to the AER by AEMO; and\n- (b) to institute and conduct proceedings in relation to breaches of the Procedures referred to the AER by AEMO; and\n- (c) to institute and conduct appeals from decisions in proceedings referred to in paragraph (b) ; and\n- (d) to approve, in consultation with AEMO, compliance programs relating to compliance by Registered participants with the Procedures.","sortOrder":46},{"sectionNumber":"sec.28","sectionType":"section","heading":"Manner in which AER must perform or exercise AER economic regulatory functions or powers","content":"### sec.28 Manner in which AER must perform or exercise AER economic regulatory functions or powers\n\nThe AER must, in performing or exercising an AER economic regulatory function or power—\nperform or exercise that function or power in a manner that will or is likely to contribute to the achievement of the national gas objective; and\nif the AER is making a designated regulatory decision—\nensure that—\nthe scheme pipeline service provider that provides the pipeline services to which the applicable access arrangement decision will apply; and\nusers or prospective users of the pipeline services that the AER considers have an interest in the matter; and\nany user or consumer associations or user or consumer interest groups that the AER considers have an interest in the matter,\nare, in accordance with the Rules—\ninformed of the material issues under consideration by the AER; and\ngiven a reasonable opportunity to make submissions in respect of the decision before it is made; and\nspecify—\nthe manner in which the constituent components of the decision relate to each other; and\nthe manner in which that interrelationship has been taken into account in the making of the decision; and\n(Repealed)\nIn addition, the AER—\nmust take into account the revenue and pricing principles—\nwhen exercising a discretion in approving or making those parts of an access arrangement relating to a reference tariff; or\nwhen making an access determination relating to a rate or charge for a pipeline service; and\nmay take into account the revenue and pricing principles when performing or exercising any other AER economic regulatory function or power, if the AER considers it appropriate to do so.\nFor the purposes of subsection (2) (a) (ii) , a reference to a “reference service” in the revenue and pricing principles must be read as a reference to a “pipeline service”.\nIn this section—\nuser or consumer association means an association or body (whether incorporated or unincorporated)—\nthe members of which include more than 1 user, prospective user or end user; and\nthat represents and promotes the interests of those members in relation to the provision of covered gas services;\nuser or consumer interest group means an association or body (whether incorporated or unincorporated)—\nthat has, as an object or purpose, the object or purpose of representing and promoting the interests of users, prospective users or end users of covered gas services; but\nthe members of which need not include a user, prospective user or end user.\ns 28 amd 2013 No. 79 (SA) s 20 ; 2021 No. 3 (SA) s 36 ; 2022 No. 21 (SA) s 29 ; 2023 No. 36 (SA) s 16\n(sec.28-ssec.1) The AER must, in performing or exercising an AER economic regulatory function or power— perform or exercise that function or power in a manner that will or is likely to contribute to the achievement of the national gas objective; and if the AER is making a designated regulatory decision— ensure that— the scheme pipeline service provider that provides the pipeline services to which the applicable access arrangement decision will apply; and users or prospective users of the pipeline services that the AER considers have an interest in the matter; and any user or consumer associations or user or consumer interest groups that the AER considers have an interest in the matter, are, in accordance with the Rules— informed of the material issues under consideration by the AER; and given a reasonable opportunity to make submissions in respect of the decision before it is made; and specify— the manner in which the constituent components of the decision relate to each other; and the manner in which that interrelationship has been taken into account in the making of the decision; and (Repealed)\n(sec.28-ssec.2) In addition, the AER— must take into account the revenue and pricing principles— when exercising a discretion in approving or making those parts of an access arrangement relating to a reference tariff; or when making an access determination relating to a rate or charge for a pipeline service; and may take into account the revenue and pricing principles when performing or exercising any other AER economic regulatory function or power, if the AER considers it appropriate to do so.\n(sec.28-ssec.3) For the purposes of subsection (2) (a) (ii) , a reference to a “reference service” in the revenue and pricing principles must be read as a reference to a “pipeline service”.\n(sec.28-ssec.4) In this section— user or consumer association means an association or body (whether incorporated or unincorporated)— the members of which include more than 1 user, prospective user or end user; and that represents and promotes the interests of those members in relation to the provision of covered gas services; user or consumer interest group means an association or body (whether incorporated or unincorporated)— that has, as an object or purpose, the object or purpose of representing and promoting the interests of users, prospective users or end users of covered gas services; but the members of which need not include a user, prospective user or end user.\n- (a) perform or exercise that function or power in a manner that will or is likely to contribute to the achievement of the national gas objective; and\n- (b) if the AER is making a designated regulatory decision— (i) ensure that— (A) the scheme pipeline service provider that provides the pipeline services to which the applicable access arrangement decision will apply; and (B) users or prospective users of the pipeline services that the AER considers have an interest in the matter; and (C) any user or consumer associations or user or consumer interest groups that the AER considers have an interest in the matter, are, in accordance with the Rules— (D) informed of the material issues under consideration by the AER; and (E) given a reasonable opportunity to make submissions in respect of the decision before it is made; and (ii) specify— (A) the manner in which the constituent components of the decision relate to each other; and (B) the manner in which that interrelationship has been taken into account in the making of the decision; and (iii) (Repealed)\n- (i) ensure that— (A) the scheme pipeline service provider that provides the pipeline services to which the applicable access arrangement decision will apply; and (B) users or prospective users of the pipeline services that the AER considers have an interest in the matter; and (C) any user or consumer associations or user or consumer interest groups that the AER considers have an interest in the matter, are, in accordance with the Rules— (D) informed of the material issues under consideration by the AER; and (E) given a reasonable opportunity to make submissions in respect of the decision before it is made; and\n- (A) the scheme pipeline service provider that provides the pipeline services to which the applicable access arrangement decision will apply; and\n- (B) users or prospective users of the pipeline services that the AER considers have an interest in the matter; and\n- (C) any user or consumer associations or user or consumer interest groups that the AER considers have an interest in the matter,\n- (D) informed of the material issues under consideration by the AER; and\n- (E) given a reasonable opportunity to make submissions in respect of the decision before it is made; and\n- (ii) specify— (A) the manner in which the constituent components of the decision relate to each other; and (B) the manner in which that interrelationship has been taken into account in the making of the decision; and\n- (A) the manner in which the constituent components of the decision relate to each other; and\n- (B) the manner in which that interrelationship has been taken into account in the making of the decision; and\n- (iii) (Repealed)\n- (i) ensure that— (A) the scheme pipeline service provider that provides the pipeline services to which the applicable access arrangement decision will apply; and (B) users or prospective users of the pipeline services that the AER considers have an interest in the matter; and (C) any user or consumer associations or user or consumer interest groups that the AER considers have an interest in the matter, are, in accordance with the Rules— (D) informed of the material issues under consideration by the AER; and (E) given a reasonable opportunity to make submissions in respect of the decision before it is made; and\n- (A) the scheme pipeline service provider that provides the pipeline services to which the applicable access arrangement decision will apply; and\n- (B) users or prospective users of the pipeline services that the AER considers have an interest in the matter; and\n- (C) any user or consumer associations or user or consumer interest groups that the AER considers have an interest in the matter,\n- (D) informed of the material issues under consideration by the AER; and\n- (E) given a reasonable opportunity to make submissions in respect of the decision before it is made; and\n- (ii) specify— (A) the manner in which the constituent components of the decision relate to each other; and (B) the manner in which that interrelationship has been taken into account in the making of the decision; and\n- (A) the manner in which the constituent components of the decision relate to each other; and\n- (B) the manner in which that interrelationship has been taken into account in the making of the decision; and\n- (iii) (Repealed)\n- (A) the scheme pipeline service provider that provides the pipeline services to which the applicable access arrangement decision will apply; and\n- (B) users or prospective users of the pipeline services that the AER considers have an interest in the matter; and\n- (C) any user or consumer associations or user or consumer interest groups that the AER considers have an interest in the matter,\n- (D) informed of the material issues under consideration by the AER; and\n- (E) given a reasonable opportunity to make submissions in respect of the decision before it is made; and\n- (A) the manner in which the constituent components of the decision relate to each other; and\n- (B) the manner in which that interrelationship has been taken into account in the making of the decision; and\n- (a) must take into account the revenue and pricing principles— (i) when exercising a discretion in approving or making those parts of an access arrangement relating to a reference tariff; or (ii) when making an access determination relating to a rate or charge for a pipeline service; and\n- (i) when exercising a discretion in approving or making those parts of an access arrangement relating to a reference tariff; or\n- (ii) when making an access determination relating to a rate or charge for a pipeline service; and\n- (b) may take into account the revenue and pricing principles when performing or exercising any other AER economic regulatory function or power, if the AER considers it appropriate to do so.\n- (i) when exercising a discretion in approving or making those parts of an access arrangement relating to a reference tariff; or\n- (ii) when making an access determination relating to a rate or charge for a pipeline service; and\n- (a) the members of which include more than 1 user, prospective user or end user; and\n- (b) that represents and promotes the interests of those members in relation to the provision of covered gas services;\n- (a) that has, as an object or purpose, the object or purpose of representing and promoting the interests of users, prospective users or end users of covered gas services; but\n- (b) the members of which need not include a user, prospective user or end user.","sortOrder":47},{"sectionNumber":"sec.29","sectionType":"section","heading":"Delegations","content":"### sec.29 Delegations\n\nAny delegation by the AER under section 44AAH of the Competition and Consumer Act 2010 of the Commonwealth extends to, and has effect for the purposes of, this Law, the Regulations and the Rules.","sortOrder":48},{"sectionNumber":"sec.30","sectionType":"section","heading":"Confidentiality","content":"### sec.30 Confidentiality\n\nSection 44AAF of the Competition and Consumer Act 2010 of the Commonwealth has effect for the purposes of this Law, the Regulations and the Rules as if it formed part of this Law.\nSee also Chapter 10 Part 2 Division 1 .","sortOrder":49},{"sectionNumber":"ch.2-pt.1-div.1AA","sectionType":"division","heading":"Wholesale gas markets—AER monitoring and reporting functions","content":"## Wholesale gas markets—AER monitoring and reporting functions","sortOrder":50},{"sectionNumber":"sec.30AA","sectionType":"section","heading":"Definitions","content":"### sec.30AA Definitions\n\nIn this Division—\nbilateral trading agreement means an agreement, entered into outside a wholesale gas market, to supply covered gas—\nto a wholesale gas market participant; or\nto an end user—\nother than by a retailer; or\nby a retailer in a quantity exceeding the amount prescribed by the wholesale market monitoring guidelines;\neffective competition has the meaning given by section 30AB ;\nfinancial risk management product means a contract or other arrangement, entered into by a wholesale gas market participant, to manage financial risk including, without limitation, risks associated with the following:\nvolatility in the price for 1 or more covered gases in a wholesale gas market;\nvolatility in supply and demand in a wholesale gas market;\nvolatility in the price of services involved in the extraction, refinement or processing, transportation or storage of 1 or more covered gases;\ngas contract means an agreement, entered into by a wholesale gas market participant, however described and whether coming into existence before or after the commencement of this section that relates to 1 or more of the following:\nthe supply of covered gas;\nthe purchase of covered gas;\nthe transportation of covered gas;\nthe storage of covered gas;\nthe refining or processing, including compression and blending, of covered gas;\nrelating to emissions produced or avoided in the extraction, refining or processing, supply or use of covered gas;\na function or process prescribed by the Regulations or the Rules;\nrelevant agreement means the following:\na bilateral trading agreement;\na financial risk management product;\na gas contract;\nwholesale gas market means—\na wholesale market for covered gas, regulated under this Law and the Rules, including the following:\na declared wholesale gas market;\na short term trading market;\na gas trading exchange; or\na wholesale market for the transportation or storage of covered gas including a capacity auction; or\na wholesale market prescribed by the Regulations;\nwholesale gas market participant means person who is 1 or more of the following:\na person who is registered on the Gas Bulletin Board;\na person who supplies covered gas to or withdraws covered gas from a gas trading exchange administered by AEMO;\na Registered participant;\na member of a class of persons prescribed by the Regulations or the Rules;\nwholesale market monitoring guidelines means the guidelines prepared under section 30AT .\ns 30AA ins 2024 No. 12 (SA) s 15\n- (a) to a wholesale gas market participant; or\n- (b) to an end user— (i) other than by a retailer; or (ii) by a retailer in a quantity exceeding the amount prescribed by the wholesale market monitoring guidelines;\n- (i) other than by a retailer; or\n- (ii) by a retailer in a quantity exceeding the amount prescribed by the wholesale market monitoring guidelines;\n- (i) other than by a retailer; or\n- (ii) by a retailer in a quantity exceeding the amount prescribed by the wholesale market monitoring guidelines;\n- (a) volatility in the price for 1 or more covered gases in a wholesale gas market;\n- (b) volatility in supply and demand in a wholesale gas market;\n- (c) volatility in the price of services involved in the extraction, refinement or processing, transportation or storage of 1 or more covered gases;\n- (a) the supply of covered gas;\n- (b) the purchase of covered gas;\n- (c) the transportation of covered gas;\n- (d) the storage of covered gas;\n- (e) the refining or processing, including compression and blending, of covered gas;\n- (f) relating to emissions produced or avoided in the extraction, refining or processing, supply or use of covered gas;\n- (g) a function or process prescribed by the Regulations or the Rules;\n- (a) a bilateral trading agreement;\n- (b) a financial risk management product;\n- (c) a gas contract;\n- (a) a wholesale market for covered gas, regulated under this Law and the Rules, including the following: (i) a declared wholesale gas market; (ii) a short term trading market; (iii) a gas trading exchange; or\n- (i) a declared wholesale gas market;\n- (ii) a short term trading market;\n- (iii) a gas trading exchange; or\n- (b) a wholesale market for the transportation or storage of covered gas including a capacity auction; or\n- (c) a wholesale market prescribed by the Regulations;\n- (i) a declared wholesale gas market;\n- (ii) a short term trading market;\n- (iii) a gas trading exchange; or\n- (a) a person who is registered on the Gas Bulletin Board;\n- (b) a person who supplies covered gas to or withdraws covered gas from a gas trading exchange administered by AEMO;\n- (c) a Registered participant;\n- (d) a member of a class of persons prescribed by the Regulations or the Rules;","sortOrder":51},{"sectionNumber":"sec.30AB","sectionType":"section","heading":"Meaning of effective competition","content":"### sec.30AB Meaning of effective competition\n\nFor the purposes of this Division, the AER must, in assessing whether there is effective competition within a wholesale gas market, have regard to—\nwhether—\nthere are active competitors in the market and whether those competitors hold a reasonably sustainable position in the market; or\nthere is merely the threat of competition in the market; and\nwhether prices are determined on a long term basis by underlying costs rather than the existence of market power, even though a wholesale gas market participant may hold a substantial degree of market power from time to time; and\nwhether barriers to entry into the market are sufficiently low so that a substantial degree of market power may only be held by a wholesale gas market participant on a temporary basis; and\nwhether there is independent rivalry in all dimensions of the price, product or service offered in the market; and\nother matters the AER considers relevant.\ns 30AB ins 2024 No. 12 (SA) s 15\n- (a) whether— (i) there are active competitors in the market and whether those competitors hold a reasonably sustainable position in the market; or (ii) there is merely the threat of competition in the market; and\n- (i) there are active competitors in the market and whether those competitors hold a reasonably sustainable position in the market; or\n- (ii) there is merely the threat of competition in the market; and\n- (b) whether prices are determined on a long term basis by underlying costs rather than the existence of market power, even though a wholesale gas market participant may hold a substantial degree of market power from time to time; and\n- (c) whether barriers to entry into the market are sufficiently low so that a substantial degree of market power may only be held by a wholesale gas market participant on a temporary basis; and\n- (d) whether there is independent rivalry in all dimensions of the price, product or service offered in the market; and\n- (e) other matters the AER considers relevant.\n- (i) there are active competitors in the market and whether those competitors hold a reasonably sustainable position in the market; or\n- (ii) there is merely the threat of competition in the market; and","sortOrder":52},{"sectionNumber":"sec.30AC","sectionType":"section","heading":"AER wholesale market monitoring and reporting functions","content":"### sec.30AC AER wholesale market monitoring and reporting functions\n\nThe AER wholesale market monitoring functions are as follows:\nto, in accordance with this Law and the Rules, regularly and systematically monitor and review—\nthe performance of wholesale gas markets; and\nthe operation and effect on wholesale gas markets of financial risk management products; and\nwhether the availability of financial risk management products has an effect on competition within, and the efficient functioning of, wholesale gas markets; and\nbilateral trading agreements, including their effect on wholesale gas markets;\nin connection with paragraph (a) —to identify and analyse whether, for a particular wholesale gas market—\nthere is effective competition within the market; and\nthere are features of the market that may be detrimental to effective competition within the market; and\nthere are features of the market that may be impacting detrimentally on the efficient functioning of the market and, if so, the extent of the inefficiency; and\nthere are features of the market that may be impacting detrimentally on the achievement of the national gas objective; and\nbilateral trading agreements have an impact on the efficient functioning of the market;\nother monitoring or analysing functions, conferred on the AER by the Rules, relating to the following matters within a wholesale gas market:\noffers;\nprices, including forecast and actual prices and bidding.\nThe AER wholesale market reporting functions are as follows:\nto prepare, at least once every 2 years, a report on the performance of the AER wholesale market monitoring functions (a monitoring report );\nto provide, as the AER thinks fit, advice to the MCE on the results of the performance of the AER wholesale market monitoring functions, including advice as to—\nwhether the results identify a need for a legislative, regulatory or other response to address systemic or other features of a wholesale gas market that may—\nbe detrimental to effective competition within the market; or\ndetrimentally impact on the efficient functioning of the market; and\nlimitations on the AER’s ability to communicate with relevant persons about the performance of the AER wholesale market monitoring functions;\nother reporting requirements, conferred on the AER by the Rules, relating to the AER wholesale market monitoring functions.\nA monitoring report must, for a wholesale gas market monitored during the period to which the report relates—\nbe for a monitoring period of at least 5 years; and\ncontain a discussion and analysis of—\nthe results of the performance of the AER wholesale market monitoring functions for the relevant period; and\nfeatures of the market with a detrimental impact on the efficient functioning of the market and the achievement of the national gas objective, including, but not limited to, significant barriers to entry; and\nthe effect of bilateral trading agreements on the efficient functioning of the market; and\nstructural features of the covered gas industry that generate concerns that there may not be effective competition within the market; and\ninefficiencies in the market, their causes and whether conditions in the market are such that the inefficiencies are likely to impact detrimentally, in the long term, on the efficient functioning of the market; and\nthe monitoring methodology applied and the results of indicators, tests and calculations performed; and\nother matters of a long term nature relevant to effective competition within the market, including, for example—\nobservations relating to planned increases in pipeline capacity; and\ntrends in demand for covered gases; and\ntrends in the uptake of alternative sources of energy.\nThe AER must publish a monitoring report on its website.\nBefore publishing a monitoring report the AER must consult with relevant stakeholders.\nDespite subsection (3) (a) , a report prepared within the 5 years after the commencement of this section must relate to the period commencing on the day this section commences.\ns 30AC ins 2024 No. 12 (SA) s 15\n(sec.30AC-ssec.1) The AER wholesale market monitoring functions are as follows: to, in accordance with this Law and the Rules, regularly and systematically monitor and review— the performance of wholesale gas markets; and the operation and effect on wholesale gas markets of financial risk management products; and whether the availability of financial risk management products has an effect on competition within, and the efficient functioning of, wholesale gas markets; and bilateral trading agreements, including their effect on wholesale gas markets; in connection with paragraph (a) —to identify and analyse whether, for a particular wholesale gas market— there is effective competition within the market; and there are features of the market that may be detrimental to effective competition within the market; and there are features of the market that may be impacting detrimentally on the efficient functioning of the market and, if so, the extent of the inefficiency; and there are features of the market that may be impacting detrimentally on the achievement of the national gas objective; and bilateral trading agreements have an impact on the efficient functioning of the market; other monitoring or analysing functions, conferred on the AER by the Rules, relating to the following matters within a wholesale gas market: offers; prices, including forecast and actual prices and bidding.\n(sec.30AC-ssec.2) The AER wholesale market reporting functions are as follows: to prepare, at least once every 2 years, a report on the performance of the AER wholesale market monitoring functions (a monitoring report ); to provide, as the AER thinks fit, advice to the MCE on the results of the performance of the AER wholesale market monitoring functions, including advice as to— whether the results identify a need for a legislative, regulatory or other response to address systemic or other features of a wholesale gas market that may— be detrimental to effective competition within the market; or detrimentally impact on the efficient functioning of the market; and limitations on the AER’s ability to communicate with relevant persons about the performance of the AER wholesale market monitoring functions; other reporting requirements, conferred on the AER by the Rules, relating to the AER wholesale market monitoring functions.\n(sec.30AC-ssec.3) A monitoring report must, for a wholesale gas market monitored during the period to which the report relates— be for a monitoring period of at least 5 years; and contain a discussion and analysis of— the results of the performance of the AER wholesale market monitoring functions for the relevant period; and features of the market with a detrimental impact on the efficient functioning of the market and the achievement of the national gas objective, including, but not limited to, significant barriers to entry; and the effect of bilateral trading agreements on the efficient functioning of the market; and structural features of the covered gas industry that generate concerns that there may not be effective competition within the market; and inefficiencies in the market, their causes and whether conditions in the market are such that the inefficiencies are likely to impact detrimentally, in the long term, on the efficient functioning of the market; and the monitoring methodology applied and the results of indicators, tests and calculations performed; and other matters of a long term nature relevant to effective competition within the market, including, for example— observations relating to planned increases in pipeline capacity; and trends in demand for covered gases; and trends in the uptake of alternative sources of energy.\n(sec.30AC-ssec.4) The AER must publish a monitoring report on its website.\n(sec.30AC-ssec.5) Before publishing a monitoring report the AER must consult with relevant stakeholders.\n(sec.30AC-ssec.6) Despite subsection (3) (a) , a report prepared within the 5 years after the commencement of this section must relate to the period commencing on the day this section commences.\n- (a) to, in accordance with this Law and the Rules, regularly and systematically monitor and review— (i) the performance of wholesale gas markets; and (ii) the operation and effect on wholesale gas markets of financial risk management products; and (iii) whether the availability of financial risk management products has an effect on competition within, and the efficient functioning of, wholesale gas markets; and (iv) bilateral trading agreements, including their effect on wholesale gas markets;\n- (i) the performance of wholesale gas markets; and\n- (ii) the operation and effect on wholesale gas markets of financial risk management products; and\n- (iii) whether the availability of financial risk management products has an effect on competition within, and the efficient functioning of, wholesale gas markets; and\n- (iv) bilateral trading agreements, including their effect on wholesale gas markets;\n- (b) in connection with paragraph (a) —to identify and analyse whether, for a particular wholesale gas market— (i) there is effective competition within the market; and (ii) there are features of the market that may be detrimental to effective competition within the market; and (iii) there are features of the market that may be impacting detrimentally on the efficient functioning of the market and, if so, the extent of the inefficiency; and (iv) there are features of the market that may be impacting detrimentally on the achievement of the national gas objective; and (v) bilateral trading agreements have an impact on the efficient functioning of the market;\n- (i) there is effective competition within the market; and\n- (ii) there are features of the market that may be detrimental to effective competition within the market; and\n- (iii) there are features of the market that may be impacting detrimentally on the efficient functioning of the market and, if so, the extent of the inefficiency; and\n- (iv) there are features of the market that may be impacting detrimentally on the achievement of the national gas objective; and\n- (v) bilateral trading agreements have an impact on the efficient functioning of the market;\n- (c) other monitoring or analysing functions, conferred on the AER by the Rules, relating to the following matters within a wholesale gas market: (i) offers; (ii) prices, including forecast and actual prices and bidding.\n- (i) offers;\n- (ii) prices, including forecast and actual prices and bidding.\n- (i) the performance of wholesale gas markets; and\n- (ii) the operation and effect on wholesale gas markets of financial risk management products; and\n- (iii) whether the availability of financial risk management products has an effect on competition within, and the efficient functioning of, wholesale gas markets; and\n- (iv) bilateral trading agreements, including their effect on wholesale gas markets;\n- (i) there is effective competition within the market; and\n- (ii) there are features of the market that may be detrimental to effective competition within the market; and\n- (iii) there are features of the market that may be impacting detrimentally on the efficient functioning of the market and, if so, the extent of the inefficiency; and\n- (iv) there are features of the market that may be impacting detrimentally on the achievement of the national gas objective; and\n- (v) bilateral trading agreements have an impact on the efficient functioning of the market;\n- (i) offers;\n- (ii) prices, including forecast and actual prices and bidding.\n- (a) to prepare, at least once every 2 years, a report on the performance of the AER wholesale market monitoring functions (a monitoring report );\n- (b) to provide, as the AER thinks fit, advice to the MCE on the results of the performance of the AER wholesale market monitoring functions, including advice as to— (i) whether the results identify a need for a legislative, regulatory or other response to address systemic or other features of a wholesale gas market that may— (A) be detrimental to effective competition within the market; or (B) detrimentally impact on the efficient functioning of the market; and (ii) limitations on the AER’s ability to communicate with relevant persons about the performance of the AER wholesale market monitoring functions;\n- (i) whether the results identify a need for a legislative, regulatory or other response to address systemic or other features of a wholesale gas market that may— (A) be detrimental to effective competition within the market; or (B) detrimentally impact on the efficient functioning of the market; and\n- (A) be detrimental to effective competition within the market; or\n- (B) detrimentally impact on the efficient functioning of the market; and\n- (ii) limitations on the AER’s ability to communicate with relevant persons about the performance of the AER wholesale market monitoring functions;\n- (c) other reporting requirements, conferred on the AER by the Rules, relating to the AER wholesale market monitoring functions.\n- (i) whether the results identify a need for a legislative, regulatory or other response to address systemic or other features of a wholesale gas market that may— (A) be detrimental to effective competition within the market; or (B) detrimentally impact on the efficient functioning of the market; and\n- (A) be detrimental to effective competition within the market; or\n- (B) detrimentally impact on the efficient functioning of the market; and\n- (ii) limitations on the AER’s ability to communicate with relevant persons about the performance of the AER wholesale market monitoring functions;\n- (A) be detrimental to effective competition within the market; or\n- (B) detrimentally impact on the efficient functioning of the market; and\n- (a) be for a monitoring period of at least 5 years; and\n- (b) contain a discussion and analysis of— (i) the results of the performance of the AER wholesale market monitoring functions for the relevant period; and (ii) features of the market with a detrimental impact on the efficient functioning of the market and the achievement of the national gas objective, including, but not limited to, significant barriers to entry; and (iii) the effect of bilateral trading agreements on the efficient functioning of the market; and (iv) structural features of the covered gas industry that generate concerns that there may not be effective competition within the market; and (v) inefficiencies in the market, their causes and whether conditions in the market are such that the inefficiencies are likely to impact detrimentally, in the long term, on the efficient functioning of the market; and (vi) the monitoring methodology applied and the results of indicators, tests and calculations performed; and (vii) other matters of a long term nature relevant to effective competition within the market, including, for example— (A) observations relating to planned increases in pipeline capacity; and (B) trends in demand for covered gases; and (C) trends in the uptake of alternative sources of energy.\n- (i) the results of the performance of the AER wholesale market monitoring functions for the relevant period; and\n- (ii) features of the market with a detrimental impact on the efficient functioning of the market and the achievement of the national gas objective, including, but not limited to, significant barriers to entry; and\n- (iii) the effect of bilateral trading agreements on the efficient functioning of the market; and\n- (iv) structural features of the covered gas industry that generate concerns that there may not be effective competition within the market; and\n- (v) inefficiencies in the market, their causes and whether conditions in the market are such that the inefficiencies are likely to impact detrimentally, in the long term, on the efficient functioning of the market; and\n- (vi) the monitoring methodology applied and the results of indicators, tests and calculations performed; and\n- (vii) other matters of a long term nature relevant to effective competition within the market, including, for example— (A) observations relating to planned increases in pipeline capacity; and (B) trends in demand for covered gases; and (C) trends in the uptake of alternative sources of energy.\n- (A) observations relating to planned increases in pipeline capacity; and\n- (B) trends in demand for covered gases; and\n- (C) trends in the uptake of alternative sources of energy.\n- (i) the results of the performance of the AER wholesale market monitoring functions for the relevant period; and\n- (ii) features of the market with a detrimental impact on the efficient functioning of the market and the achievement of the national gas objective, including, but not limited to, significant barriers to entry; and\n- (iii) the effect of bilateral trading agreements on the efficient functioning of the market; and\n- (iv) structural features of the covered gas industry that generate concerns that there may not be effective competition within the market; and\n- (v) inefficiencies in the market, their causes and whether conditions in the market are such that the inefficiencies are likely to impact detrimentally, in the long term, on the efficient functioning of the market; and\n- (vi) the monitoring methodology applied and the results of indicators, tests and calculations performed; and\n- (vii) other matters of a long term nature relevant to effective competition within the market, including, for example— (A) observations relating to planned increases in pipeline capacity; and (B) trends in demand for covered gases; and (C) trends in the uptake of alternative sources of energy.\n- (A) observations relating to planned increases in pipeline capacity; and\n- (B) trends in demand for covered gases; and\n- (C) trends in the uptake of alternative sources of energy.\n- (A) observations relating to planned increases in pipeline capacity; and\n- (B) trends in demand for covered gases; and\n- (C) trends in the uptake of alternative sources of energy.","sortOrder":53},{"sectionNumber":"sec.30AD","sectionType":"section","heading":"Information to be treated as confidential","content":"### sec.30AD Information to be treated as confidential\n\nInformation obtained by the AER under this Division is taken to have been given to the AER in confidence, whether or not a claim of confidentiality is made.\ns 30AD ins 2024 No. 12 (SA) s 15","sortOrder":54},{"sectionNumber":"sec.30AE","sectionType":"section","heading":"Redaction of information","content":"### sec.30AE Redaction of information\n\nWhen obtaining a relevant agreement or information about a relevant agreement for the purposes of a function under this Division, the AER must consider a request to omit information that would identify a party to the agreement who is not a wholesale gas market participant.\nThe AER must grant the request unless satisfied that omitting the information is likely to materially affect the AER’s ability to undertake 1 or more functions under this Division.\ns 30AE ins 2024 No. 12 (SA) s 15\n(sec.30AE-ssec.1) When obtaining a relevant agreement or information about a relevant agreement for the purposes of a function under this Division, the AER must consider a request to omit information that would identify a party to the agreement who is not a wholesale gas market participant.\n(sec.30AE-ssec.2) The AER must grant the request unless satisfied that omitting the information is likely to materially affect the AER’s ability to undertake 1 or more functions under this Division.","sortOrder":55},{"sectionNumber":"sec.30AF","sectionType":"section","heading":"Limits on use of section 42 information gathering powers","content":"### sec.30AF Limits on use of section 42 information gathering powers\n\nIn undertaking a function under this Division the AER must not use the powers under section 42 in respect of a relevant agreement that ceased to have effect more than 5 years before the commencement of this section.\nThe Regulations or the Rules may provide that the powers under section 42 must not be used for a function under this Division for 1 or more classes of relevant agreement.\ns 30AF ins 2024 No. 12 (SA) s 15\n(sec.30AF-ssec.1) In undertaking a function under this Division the AER must not use the powers under section 42 in respect of a relevant agreement that ceased to have effect more than 5 years before the commencement of this section.\n(sec.30AF-ssec.2) The Regulations or the Rules may provide that the powers under section 42 must not be used for a function under this Division for 1 or more classes of relevant agreement.","sortOrder":56},{"sectionNumber":"sec.30AG","sectionType":"section","heading":"Matters to be considered before using section 42 information gathering powers","content":"### sec.30AG Matters to be considered before using section 42 information gathering powers\n\nBefore using the powers under section 42 for a function under this Division, the AER must—\nbe satisfied the information is reasonably required for the AER to carry out the function; and\nconsider whether the information—\nis publicly available; or\ncan be obtained by the AER in another way.\ns 30AG ins 2024 No. 12 (SA) s 15\n- (a) be satisfied the information is reasonably required for the AER to carry out the function; and\n- (b) consider whether the information— (i) is publicly available; or (ii) can be obtained by the AER in another way.\n- (i) is publicly available; or\n- (ii) can be obtained by the AER in another way.\n- (i) is publicly available; or\n- (ii) can be obtained by the AER in another way.","sortOrder":57},{"sectionNumber":"sec.30AH","sectionType":"section","heading":"Definitions","content":"### sec.30AH Definitions\n\nIn this Subdivision—\nmarket monitoring information notice means a notice prepared and served by the AER in accordance with this Subdivision requiring the person named in the notice to do 1 or more of the following:\ngive the AER the information or a relevant agreement specified in the notice;\nprepare, maintain and keep information specified in the notice in a manner and form specified in the notice;\nmarket monitoring information order means an order made by the AER in accordance with this Subdivision requiring each person of a class specified in the order to do 1 or more of the following:\ngive the AER the information or a relevant agreement specified in the order;\nprepare, maintain and keep information specified in the order in a manner and form specified in the order.\ns 30AH ins 2024 No. 12 (SA) s 15\n- (a) give the AER the information or a relevant agreement specified in the notice;\n- (b) prepare, maintain and keep information specified in the notice in a manner and form specified in the notice;\n- (a) give the AER the information or a relevant agreement specified in the order;\n- (b) prepare, maintain and keep information specified in the order in a manner and form specified in the order.","sortOrder":58},{"sectionNumber":"sec.30AI","sectionType":"section","heading":"Urgent notices and urgent orders","content":"### sec.30AI Urgent notices and urgent orders\n\nThe AER may specify a market monitoring information notice or a market monitoring information order as urgent if the AER reasonably believes that access to the relevant information is time critical.\ns 30AI ins 2024 No. 12 (SA) s 15","sortOrder":59},{"sectionNumber":"sec.30AJ","sectionType":"section","heading":"Content of notices and orders","content":"### sec.30AJ Content of notices and orders\n\nA market monitoring information notice or a market monitoring information order must specify the following:\nthe information that must be prepared, maintained and kept;\nthe information or agreement that must be given to the AER;\nif the notice or order requires information to be prepared, maintained and kept—the AER’s reasons for requiring information to be prepared, maintained and kept;\nif the notice or order requires information or an agreement to be given to the AER—\nthe reasons the AER requires the information or agreement; and\nthe date by which the information or agreement must be given to the AER;\nthe period in which the notice or order operates.\nA market monitoring information notice or a market monitoring information order may specify the following:\nthe form in which information or an agreement is to be given to the AER;\nthe way the information or agreement is to be given to the AER.\ns 30AJ ins 2024 No. 12 (SA) s 15\n(sec.30AJ-ssec.1) A market monitoring information notice or a market monitoring information order must specify the following: the information that must be prepared, maintained and kept; the information or agreement that must be given to the AER; if the notice or order requires information to be prepared, maintained and kept—the AER’s reasons for requiring information to be prepared, maintained and kept; if the notice or order requires information or an agreement to be given to the AER— the reasons the AER requires the information or agreement; and the date by which the information or agreement must be given to the AER; the period in which the notice or order operates.\n(sec.30AJ-ssec.2) A market monitoring information notice or a market monitoring information order may specify the following: the form in which information or an agreement is to be given to the AER; the way the information or agreement is to be given to the AER.\n- (a) the information that must be prepared, maintained and kept;\n- (b) the information or agreement that must be given to the AER;\n- (c) if the notice or order requires information to be prepared, maintained and kept—the AER’s reasons for requiring information to be prepared, maintained and kept;\n- (d) if the notice or order requires information or an agreement to be given to the AER— (i) the reasons the AER requires the information or agreement; and (ii) the date by which the information or agreement must be given to the AER;\n- (i) the reasons the AER requires the information or agreement; and\n- (ii) the date by which the information or agreement must be given to the AER;\n- (e) the period in which the notice or order operates.\n- (i) the reasons the AER requires the information or agreement; and\n- (ii) the date by which the information or agreement must be given to the AER;\n- (a) the form in which information or an agreement is to be given to the AER;\n- (b) the way the information or agreement is to be given to the AER.","sortOrder":60},{"sectionNumber":"sec.30AK","sectionType":"section","heading":"Notices and orders may be made for both past and future information","content":"### sec.30AK Notices and orders may be made for both past and future information\n\nA market monitoring information notice or a market monitoring information order may apply to 1 or more of the following:\na period before the notice was served or the order was made;\na period after the notice was served or the order was made.\nA market monitoring information notice or a market monitoring information order must not be used to obtain a relevant agreement, or information about a relevant agreement, that ceased to have effect more than 5 years before the commencement of this section.\ns 30AK ins 2024 No. 12 (SA) s 15\n(sec.30AK-ssec.1) A market monitoring information notice or a market monitoring information order may apply to 1 or more of the following: a period before the notice was served or the order was made; a period after the notice was served or the order was made.\n(sec.30AK-ssec.2) A market monitoring information notice or a market monitoring information order must not be used to obtain a relevant agreement, or information about a relevant agreement, that ceased to have effect more than 5 years before the commencement of this section.\n- (a) a period before the notice was served or the order was made;\n- (b) a period after the notice was served or the order was made.","sortOrder":61},{"sectionNumber":"sec.30AL","sectionType":"section","heading":"Making and serving notices and orders","content":"### sec.30AL Making and serving notices and orders\n\nThe AER may, if it considers it reasonably necessary for the performance of its functions under this Division—\nserve a market monitoring information notice on a person named in the notice; and\nmake a market monitoring information order.\nThe AER must, when considering if it is reasonably necessary to serve a market monitoring information notice or make a market monitoring information order—\nbe satisfied the AER requires the information or agreement to carry out a wholesale market monitoring function; and\nconsider the costs that are likely to be incurred by a person responding to the notice or order; and\nconsider whether the information—\nis publicly available; or\ncan be obtained by the AER in another way.\nA market monitoring information notice or a market monitoring information order must not be used for the purpose of—\ninvestigating a breach or possible breach of this Law, the Regulations or the Rules; or\ncommencing or conducting proceedings for a breach or possible breach of this Law, the Regulations or the Rules; or\ncommencing or conducting an appeal from a decision in proceedings for a breach or possible breach of this Law, the Regulations or the Rules; or\nresponding to an application for review of a decision of the AER under Chapter 8 Part 5 .\nA market monitoring information order must be made in accordance with the Rules.\nThe Regulations or the Rules may provide that a market monitoring information notice or a market monitoring information order must not be used to obtain the following:\n1 or more classes of relevant agreement;\ninformation about 1 or more classes of relevant agreement.\ns 30AL ins 2024 No. 12 (SA) s 15\n(sec.30AL-ssec.1) The AER may, if it considers it reasonably necessary for the performance of its functions under this Division— serve a market monitoring information notice on a person named in the notice; and make a market monitoring information order.\n(sec.30AL-ssec.2) The AER must, when considering if it is reasonably necessary to serve a market monitoring information notice or make a market monitoring information order— be satisfied the AER requires the information or agreement to carry out a wholesale market monitoring function; and consider the costs that are likely to be incurred by a person responding to the notice or order; and consider whether the information— is publicly available; or can be obtained by the AER in another way.\n(sec.30AL-ssec.3) A market monitoring information notice or a market monitoring information order must not be used for the purpose of— investigating a breach or possible breach of this Law, the Regulations or the Rules; or commencing or conducting proceedings for a breach or possible breach of this Law, the Regulations or the Rules; or commencing or conducting an appeal from a decision in proceedings for a breach or possible breach of this Law, the Regulations or the Rules; or responding to an application for review of a decision of the AER under Chapter 8 Part 5 .\n(sec.30AL-ssec.4) A market monitoring information order must be made in accordance with the Rules.\n(sec.30AL-ssec.5) The Regulations or the Rules may provide that a market monitoring information notice or a market monitoring information order must not be used to obtain the following: 1 or more classes of relevant agreement; information about 1 or more classes of relevant agreement.\n- (a) serve a market monitoring information notice on a person named in the notice; and\n- (b) make a market monitoring information order.\n- (a) be satisfied the AER requires the information or agreement to carry out a wholesale market monitoring function; and\n- (b) consider the costs that are likely to be incurred by a person responding to the notice or order; and\n- (c) consider whether the information— (i) is publicly available; or (ii) can be obtained by the AER in another way.\n- (i) is publicly available; or\n- (ii) can be obtained by the AER in another way.\n- (i) is publicly available; or\n- (ii) can be obtained by the AER in another way.\n- (a) investigating a breach or possible breach of this Law, the Regulations or the Rules; or\n- (b) commencing or conducting proceedings for a breach or possible breach of this Law, the Regulations or the Rules; or\n- (c) commencing or conducting an appeal from a decision in proceedings for a breach or possible breach of this Law, the Regulations or the Rules; or\n- (d) responding to an application for review of a decision of the AER under Chapter 8 Part 5 .\n- (a) 1 or more classes of relevant agreement;\n- (b) information about 1 or more classes of relevant agreement.","sortOrder":62},{"sectionNumber":"sec.30AM","sectionType":"section","heading":"AER must consult before making order","content":"### sec.30AM AER must consult before making order\n\nBefore making a market monitoring information order, the AER must consult the public.\nConsultation must be undertaken in accordance with the Rules.\ns 30AM ins 2024 No. 12 (SA) s 15\n(sec.30AM-ssec.1) Before making a market monitoring information order, the AER must consult the public.\n(sec.30AM-ssec.2) Consultation must be undertaken in accordance with the Rules.","sortOrder":63},{"sectionNumber":"sec.30AN","sectionType":"section","heading":"Publication of orders","content":"### sec.30AN Publication of orders\n\nThe AER must publish a market monitoring information order on the AER’s website as soon as practicable after the order is made.\ns 30AN ins 2024 No. 12 (SA) s 15","sortOrder":64},{"sectionNumber":"sec.30AO","sectionType":"section","heading":"Opportunity to be heard before notice served","content":"### sec.30AO Opportunity to be heard before notice served\n\nBefore serving a market monitoring information notice, the AER must give the person on whom the AER intends to serve the notice a draft of the notice and an opportunity to make a submission on the draft notice.\nA draft notice must state—\nwhether the notice is to be issued as a standard notice or an urgent notice; and\nfor an urgent notice—the reasons the AER believes access to the relevant information is time critical.\nA submission must be made—\nfor a standard notice—within the longer of the following:\n20 business days after the draft notice is given to the person;\nthe period stated in the notice; or\nfor an urgent notice—within the period stated in the draft notice, being at least 5 business days and not more than 10 business days after the draft notice is given to the person.\nA submission made within the time periods provided for in subsection (3) must be considered by the AER before serving a market monitoring information notice on a person.\ns 30AO ins 2024 No. 12 (SA) s 15\n(sec.30AO-ssec.1) Before serving a market monitoring information notice, the AER must give the person on whom the AER intends to serve the notice a draft of the notice and an opportunity to make a submission on the draft notice.\n(sec.30AO-ssec.2) A draft notice must state— whether the notice is to be issued as a standard notice or an urgent notice; and for an urgent notice—the reasons the AER believes access to the relevant information is time critical.\n(sec.30AO-ssec.3) A submission must be made— for a standard notice—within the longer of the following: 20 business days after the draft notice is given to the person; the period stated in the notice; or for an urgent notice—within the period stated in the draft notice, being at least 5 business days and not more than 10 business days after the draft notice is given to the person.\n(sec.30AO-ssec.4) A submission made within the time periods provided for in subsection (3) must be considered by the AER before serving a market monitoring information notice on a person.\n- (a) whether the notice is to be issued as a standard notice or an urgent notice; and\n- (b) for an urgent notice—the reasons the AER believes access to the relevant information is time critical.\n- (a) for a standard notice—within the longer of the following: (i) 20 business days after the draft notice is given to the person; (ii) the period stated in the notice; or\n- (i) 20 business days after the draft notice is given to the person;\n- (ii) the period stated in the notice; or\n- (b) for an urgent notice—within the period stated in the draft notice, being at least 5 business days and not more than 10 business days after the draft notice is given to the person.\n- (i) 20 business days after the draft notice is given to the person;\n- (ii) the period stated in the notice; or","sortOrder":65},{"sectionNumber":"sec.30AP","sectionType":"section","heading":"Compliance with notice","content":"### sec.30AP Compliance with notice\n\nA person who is named in and served with a market monitoring information notice must comply with the notice.\nThis section is a civil penalty provision.\nIf a market monitoring information notice names 2 or more related bodies corporate, a notice served on the holding company is taken to have been served on each of the named related bodies corporate.\ns 30AP ins 2024 No. 12 (SA) s 15\n(sec.30AP-ssec.1) A person who is named in and served with a market monitoring information notice must comply with the notice. This section is a civil penalty provision.\n(sec.30AP-ssec.2) If a market monitoring information notice names 2 or more related bodies corporate, a notice served on the holding company is taken to have been served on each of the named related bodies corporate.","sortOrder":66},{"sectionNumber":"sec.30AQ","sectionType":"section","heading":"Compliance with order","content":"### sec.30AQ Compliance with order\n\nA person who is a member of a class of persons specified in a market monitoring information order must comply with the order.\nThis section is a civil penalty provision.\nThe AER may, by written notice, exempt a person from compliance with an order—\nin whole or part; and\nconditionally or unconditionally.\ns 30AQ ins 2024 No. 12 (SA) s 15\n(sec.30AQ-ssec.1) A person who is a member of a class of persons specified in a market monitoring information order must comply with the order. This section is a civil penalty provision.\n(sec.30AQ-ssec.2) The AER may, by written notice, exempt a person from compliance with an order— in whole or part; and conditionally or unconditionally.\n- (a) in whole or part; and\n- (b) conditionally or unconditionally.","sortOrder":67},{"sectionNumber":"sec.30AR","sectionType":"section","heading":"Certification of compliance by statutory declaration","content":"### sec.30AR Certification of compliance by statutory declaration\n\nThe AER may direct the recipient of a market monitoring information notice or market monitoring information order to verify that the recipient’s response to the notice or order is accurate and comprehensive by way of a statutory declaration.\nA direction may require the statutory declaration to be given by a named officer of the recipient or the holder of a specified office for the recipient.\nA direction must be given in the relevant market monitoring information notice or market monitoring information order.\nA failure to comply with a direction given under this section is taken to be a failure to comply with the relevant market monitoring information notice or market monitoring information order.\ns 30AR ins 2024 No. 12 (SA) s 15\n(sec.30AR-ssec.1) The AER may direct the recipient of a market monitoring information notice or market monitoring information order to verify that the recipient’s response to the notice or order is accurate and comprehensive by way of a statutory declaration.\n(sec.30AR-ssec.2) A direction may require the statutory declaration to be given by a named officer of the recipient or the holder of a specified office for the recipient.\n(sec.30AR-ssec.3) A direction must be given in the relevant market monitoring information notice or market monitoring information order.\n(sec.30AR-ssec.4) A failure to comply with a direction given under this section is taken to be a failure to comply with the relevant market monitoring information notice or market monitoring information order.","sortOrder":68},{"sectionNumber":"sec.30AS","sectionType":"section","heading":"Subdivision does not limit powers under Division 3","content":"### sec.30AS Subdivision does not limit powers under Division 3\n\nThis Subdivision does not limit the operation of Division 3 .\ns 30AS ins 2024 No. 12 (SA) s 15","sortOrder":69},{"sectionNumber":"sec.30AT","sectionType":"section","heading":"Wholesale market monitoring guidelines","content":"### sec.30AT Wholesale market monitoring guidelines\n\nThe AER must prepare guidelines about the following:\nthe scope of the AER wholesale market monitoring functions;\nthe collection of information for the purposes of this Division;\nthe publication and reporting of information under this Division.\nWithout limiting what may be included in wholesale market monitoring guidelines, the guidelines must include the following:\ninformation about the things the AER proposes to consider in assessing—\neffective competition in wholesale gas markets; and\nthe effective functioning of wholesale gas markets;\na summary of the compliance obligations of persons who hold information;\nthe processes the AER proposes to adopt in requesting information, including processes designed to minimise the time and resources wholesale gas market participants will devote to responding to a request;\nthe type of information the AER expects to routinely request and how frequently it will request that information;\nthe type of information the AER does not expect to request;\nclasses of relevant agreements the AER does not expect to request;\nthe formats in which the AER expects information to be submitted;\na general outline of the way the AER will ensure that commercially sensitive information obtained for wholesale market monitoring functions is kept securely;\nother matters prescribed by the Regulations or the Rules.\nBefore making wholesale market monitoring guidelines the AER must consult in accordance with the Rules.\nWholesale market monitoring guidelines must be—\nmade in accordance with the Rules; and\npublished on the AER website within 6 months after commencement of this section.\ns 30AT ins 2024 No. 12 (SA) s 15\n(sec.30AT-ssec.1) The AER must prepare guidelines about the following: the scope of the AER wholesale market monitoring functions; the collection of information for the purposes of this Division; the publication and reporting of information under this Division.\n(sec.30AT-ssec.2) Without limiting what may be included in wholesale market monitoring guidelines, the guidelines must include the following: information about the things the AER proposes to consider in assessing— effective competition in wholesale gas markets; and the effective functioning of wholesale gas markets; a summary of the compliance obligations of persons who hold information; the processes the AER proposes to adopt in requesting information, including processes designed to minimise the time and resources wholesale gas market participants will devote to responding to a request; the type of information the AER expects to routinely request and how frequently it will request that information; the type of information the AER does not expect to request; classes of relevant agreements the AER does not expect to request; the formats in which the AER expects information to be submitted; a general outline of the way the AER will ensure that commercially sensitive information obtained for wholesale market monitoring functions is kept securely; other matters prescribed by the Regulations or the Rules.\n(sec.30AT-ssec.3) Before making wholesale market monitoring guidelines the AER must consult in accordance with the Rules.\n(sec.30AT-ssec.4) Wholesale market monitoring guidelines must be— made in accordance with the Rules; and published on the AER website within 6 months after commencement of this section.\n- (a) the scope of the AER wholesale market monitoring functions;\n- (b) the collection of information for the purposes of this Division;\n- (c) the publication and reporting of information under this Division.\n- (a) information about the things the AER proposes to consider in assessing— (i) effective competition in wholesale gas markets; and (ii) the effective functioning of wholesale gas markets;\n- (i) effective competition in wholesale gas markets; and\n- (ii) the effective functioning of wholesale gas markets;\n- (b) a summary of the compliance obligations of persons who hold information;\n- (c) the processes the AER proposes to adopt in requesting information, including processes designed to minimise the time and resources wholesale gas market participants will devote to responding to a request;\n- (d) the type of information the AER expects to routinely request and how frequently it will request that information;\n- (e) the type of information the AER does not expect to request;\n- (f) classes of relevant agreements the AER does not expect to request;\n- (g) the formats in which the AER expects information to be submitted;\n- (h) a general outline of the way the AER will ensure that commercially sensitive information obtained for wholesale market monitoring functions is kept securely;\n- (i) other matters prescribed by the Regulations or the Rules.\n- (i) effective competition in wholesale gas markets; and\n- (ii) the effective functioning of wholesale gas markets;\n- (a) made in accordance with the Rules; and\n- (b) published on the AER website within 6 months after commencement of this section.","sortOrder":70},{"sectionNumber":"sec.30AU","sectionType":"section","heading":"Review of wholesale market monitoring powers","content":"### sec.30AU Review of wholesale market monitoring powers\n\nThe MCE is to review the operation of this Division as soon as possible after the period of 4 years and 6 months after the commencement of this section.\ns 30AU ins 2024 No. 12 (SA) s 15","sortOrder":71},{"sectionNumber":"ch.2-pt.1-div.1A","sectionType":"division","heading":"Rate of return instrument","content":"## Rate of return instrument","sortOrder":72},{"sectionNumber":"sec.30A","sectionType":"section","heading":"Definitions","content":"### sec.30A Definitions\n\nIn this Division—\nconsumer reference group , for making a rate of return instrument, see section 30H (1) (a) ;\nexplanatory information , for a rate of return instrument, means information about the content of the instrument, including (but not limited to) information explaining—\nthe reasons for the rate of return on capital or the value of imputation credits under the instrument; and\nhow the stated value, or the way to calculate the rate or value, was decided; and\nif the instrument replaces another instrument—\nthe differences (if any) between the instrument and the replaced instrument; and\nthe reasons for any differences; and‚\nwhy the AER is satisfied the instrument will, or is most likely to, contribute to the achievement of the national gas objective to the greatest degree; and\nhow the AER had regard to the following in making the instrument:\nthe revenue and pricing principles;\nthe matters mentioned in section 30G ;\nestimation methods, financial models, market data and other evidence relevant to making the instrument;\nprevailing conditions in the market for equity funds;\nthe interrelationships between financial parameters used, or to be used, in relation to deciding the rate or value.\ns 30A ins 2018 No. 33 (SA) s 15\n- (a) the reasons for the rate of return on capital or the value of imputation credits under the instrument; and\n- (b) how the stated value, or the way to calculate the rate or value, was decided; and\n- (c) if the instrument replaces another instrument— (i) the differences (if any) between the instrument and the replaced instrument; and (ii) the reasons for any differences; and‚\n- (i) the differences (if any) between the instrument and the replaced instrument; and\n- (ii) the reasons for any differences; and‚\n- (d) why the AER is satisfied the instrument will, or is most likely to, contribute to the achievement of the national gas objective to the greatest degree; and\n- (e) how the AER had regard to the following in making the instrument: (i) the revenue and pricing principles; (ii) the matters mentioned in section 30G ; (iii) estimation methods, financial models, market data and other evidence relevant to making the instrument; (iv) prevailing conditions in the market for equity funds; (v) the interrelationships between financial parameters used, or to be used, in relation to deciding the rate or value.\n- (i) the revenue and pricing principles;\n- (ii) the matters mentioned in section 30G ;\n- (iii) estimation methods, financial models, market data and other evidence relevant to making the instrument;\n- (iv) prevailing conditions in the market for equity funds;\n- (v) the interrelationships between financial parameters used, or to be used, in relation to deciding the rate or value.\n- (i) the differences (if any) between the instrument and the replaced instrument; and\n- (ii) the reasons for any differences; and‚\n- (i) the revenue and pricing principles;\n- (ii) the matters mentioned in section 30G ;\n- (iii) estimation methods, financial models, market data and other evidence relevant to making the instrument;\n- (iv) prevailing conditions in the market for equity funds;\n- (v) the interrelationships between financial parameters used, or to be used, in relation to deciding the rate or value.","sortOrder":73},{"sectionNumber":"sec.30B","sectionType":"section","heading":"Rate of return instrument has force of law","content":"### sec.30B Rate of return instrument has force of law\n\nA rate of return instrument has the force of law in this jurisdiction.\nAn Act of this jurisdiction regulating the making of subordinate legislation does not apply to a rate of return instrument.\ns 30B ins 2018 No. 33 (SA) s 15\n(sec.30B-ssec.1) A rate of return instrument has the force of law in this jurisdiction.\n(sec.30B-ssec.2) An Act of this jurisdiction regulating the making of subordinate legislation does not apply to a rate of return instrument.","sortOrder":74},{"sectionNumber":"sec.30C","sectionType":"section","heading":"Rate of return instrument is binding on AER and scheme pipeline service providers","content":"### sec.30C Rate of return instrument is binding on AER and scheme pipeline service providers\n\nA rate of return instrument is binding on—\nthe AER in relation to the performance or exercise of an AER economic regulatory function or power; and\neach scheme pipeline service provider in relation to a matter relevant to the performance or exercise of an AER economic regulatory function or power.\ns 30C ins 2018 No. 33 (SA) s 15\namd 2022 No. 21 (SA) s 30\n- (a) the AER in relation to the performance or exercise of an AER economic regulatory function or power; and\n- (b) each scheme pipeline service provider in relation to a matter relevant to the performance or exercise of an AER economic regulatory function or power.","sortOrder":75},{"sectionNumber":"sec.30D","sectionType":"section","heading":"AER to make rate of return instrument","content":"### sec.30D AER to make rate of return instrument\n\nThis section applies if a rate of return on capital or the value of imputation credits is required for performing or exercising an AER economic regulatory function or power.\nThe AER must make an instrument (a rate of return instrument ) stating—\nfor a rate of return on capital—the way to calculate the rate; and\nfor the value of imputation credits—the value or the way to calculate the value.\nThe AER may make an instrument only if satisfied the instrument will, or is most likely to, contribute to the achievement of the national gas objective to the greatest degree.\nSubject to subsection (3) , the way to calculate a rate of return on capital must include a weighted average of an allowed return on equity and an allowed return on debt.\nIn making an instrument, the AER must have regard to—\nthe revenue and pricing principles; and\nother information the AER considers appropriate.\ns 30D ins 2018 No. 33 (SA) s 15\n(sec.30D-ssec.1) This section applies if a rate of return on capital or the value of imputation credits is required for performing or exercising an AER economic regulatory function or power.\n(sec.30D-ssec.2) The AER must make an instrument (a rate of return instrument ) stating— for a rate of return on capital—the way to calculate the rate; and for the value of imputation credits—the value or the way to calculate the value.\n(sec.30D-ssec.3) The AER may make an instrument only if satisfied the instrument will, or is most likely to, contribute to the achievement of the national gas objective to the greatest degree.\n(sec.30D-ssec.4) Subject to subsection (3) , the way to calculate a rate of return on capital must include a weighted average of an allowed return on equity and an allowed return on debt.\n(sec.30D-ssec.5) In making an instrument, the AER must have regard to— the revenue and pricing principles; and other information the AER considers appropriate.\n- (a) for a rate of return on capital—the way to calculate the rate; and\n- (b) for the value of imputation credits—the value or the way to calculate the value.\n- (a) the revenue and pricing principles; and\n- (b) other information the AER considers appropriate.","sortOrder":76},{"sectionNumber":"sec.30E","sectionType":"section","heading":"Content of rate of return instrument","content":"### sec.30E Content of rate of return instrument\n\nIf a rate of return instrument states the value of imputation credits, the instrument must state a single value to apply in relation to all scheme pipeline service providers.\nIf a rate of return instrument states a way to calculate the rate of return on capital or the value of imputation credits, the instrument must—\nprovide for the same methodology to apply in relation to all scheme pipeline service providers in calculating the rate or value; and\nprovide for the methodology to apply automatically without the exercise of any discretion by the AER.\nThe instrument can not include different methodologies or a band of values from which the AER could choose in applying the instrument.\nSubject to subsections (1) and (2) , the instrument may include other matters the AER considers appropriate.\nMatters to help a scheme pipeline service provider calculate a rate of return or the value of imputation credits.\ns 30E ins 2018 No. 33 (SA) s 15\namd 2022 No. 21 (SA) s 31\n(sec.30E-ssec.1) If a rate of return instrument states the value of imputation credits, the instrument must state a single value to apply in relation to all scheme pipeline service providers.\n(sec.30E-ssec.2) If a rate of return instrument states a way to calculate the rate of return on capital or the value of imputation credits, the instrument must— provide for the same methodology to apply in relation to all scheme pipeline service providers in calculating the rate or value; and provide for the methodology to apply automatically without the exercise of any discretion by the AER. The instrument can not include different methodologies or a band of values from which the AER could choose in applying the instrument.\n(sec.30E-ssec.3) Subject to subsections (1) and (2) , the instrument may include other matters the AER considers appropriate. Matters to help a scheme pipeline service provider calculate a rate of return or the value of imputation credits.\n- (a) provide for the same methodology to apply in relation to all scheme pipeline service providers in calculating the rate or value; and\n- (b) provide for the methodology to apply automatically without the exercise of any discretion by the AER.","sortOrder":77},{"sectionNumber":"sec.30F","sectionType":"section","heading":"Process for making rate of return instrument","content":"### sec.30F Process for making rate of return instrument\n\nSubject to this Division, the AER may make a rate of return instrument in the way it considers appropriate.\ns 30F ins 2018 No. 33 (SA) s 15","sortOrder":78},{"sectionNumber":"sec.30G","sectionType":"section","heading":"Other matters AER must have regard to in making instrument","content":"### sec.30G Other matters AER must have regard to in making instrument\n\nIn making a rate of return instrument, the AER must also have regard to the following—\nadvice, recommendations or submissions given by a consumer reference group;\nsubmissions made, and the report published, under section 30H ;\nsubmissions made under section 30J ;\nthe report given by the independent panel under section 30K .\ns 30G ins 2018 No. 33 (SA) s 15\n- (a) advice, recommendations or submissions given by a consumer reference group;\n- (b) submissions made, and the report published, under section 30H ;\n- (c) submissions made under section 30J ;\n- (d) the report given by the independent panel under section 30K .","sortOrder":79},{"sectionNumber":"sec.30H","sectionType":"section","heading":"Requirements before publishing draft instrument","content":"### sec.30H Requirements before publishing draft instrument\n\nBefore publishing a draft rate of return instrument under this Subdivision, the AER must—\nestablish a reference group to help the AER implement an effective consumer consultation process for making the proposed instrument (a consumer reference group ); and\npublish a notice on its website—\ninviting persons to make a written submission to the AER about the proposed instrument; and\nstating the period, not less than 28 days, within which a submission must be made; and\nseek concurrent expert opinions or evidence about the proposed instrument.\nA person may make a submission after the stated period only with the written approval of the AER.\nSubject to subsections (4) and (5) , the AER may seek the expert opinions or evidence in the way it considers appropriate.\nThe AER might convene a conference of experts to identify key issues, and areas of dispute and agreement among the experts, about the content of the proposed instrument.\nThe AER must call for nominations of eligible experts but may seek the expert opinions or evidence from any eligible expert.\nIf practicable, the AER must seek the expert opinions or evidence from at least 3 eligible experts.\nThe AER must publish on its website—\nsubmissions made under this section; and\na report on the outcomes of seeking the expert opinions or evidence.\nIn this section—\neligible expert means a person with qualifications or experience in a field the AER considers relevant to making a rate of return instrument.\nFinance, economics, law, consumer affairs, institutional investment.\ns 30H ins 2018 No. 33 (SA) s 15\n(sec.30H-ssec.1) Before publishing a draft rate of return instrument under this Subdivision, the AER must— establish a reference group to help the AER implement an effective consumer consultation process for making the proposed instrument (a consumer reference group ); and publish a notice on its website— inviting persons to make a written submission to the AER about the proposed instrument; and stating the period, not less than 28 days, within which a submission must be made; and seek concurrent expert opinions or evidence about the proposed instrument.\n(sec.30H-ssec.2) A person may make a submission after the stated period only with the written approval of the AER.\n(sec.30H-ssec.3) Subject to subsections (4) and (5) , the AER may seek the expert opinions or evidence in the way it considers appropriate. The AER might convene a conference of experts to identify key issues, and areas of dispute and agreement among the experts, about the content of the proposed instrument.\n(sec.30H-ssec.4) The AER must call for nominations of eligible experts but may seek the expert opinions or evidence from any eligible expert.\n(sec.30H-ssec.5) If practicable, the AER must seek the expert opinions or evidence from at least 3 eligible experts.\n(sec.30H-ssec.6) The AER must publish on its website— submissions made under this section; and a report on the outcomes of seeking the expert opinions or evidence.\n(sec.30H-ssec.7) In this section— eligible expert means a person with qualifications or experience in a field the AER considers relevant to making a rate of return instrument. Finance, economics, law, consumer affairs, institutional investment.\n- (a) establish a reference group to help the AER implement an effective consumer consultation process for making the proposed instrument (a consumer reference group ); and\n- (b) publish a notice on its website— (i) inviting persons to make a written submission to the AER about the proposed instrument; and (ii) stating the period, not less than 28 days, within which a submission must be made; and\n- (i) inviting persons to make a written submission to the AER about the proposed instrument; and\n- (ii) stating the period, not less than 28 days, within which a submission must be made; and\n- (c) seek concurrent expert opinions or evidence about the proposed instrument.\n- (i) inviting persons to make a written submission to the AER about the proposed instrument; and\n- (ii) stating the period, not less than 28 days, within which a submission must be made; and\n- (a) submissions made under this section; and\n- (b) a report on the outcomes of seeking the expert opinions or evidence.","sortOrder":80},{"sectionNumber":"sec.30I","sectionType":"section","heading":"Consumer reference group","content":"### sec.30I Consumer reference group\n\nA consumer reference group for making a rate of return instrument—\nis to consist of the members appointed by the AER; and\nmay carry out its activities, including giving advice or recommendations to the AER about the instrument, in the way it considers appropriate.\nWithout limiting subsection (1) (b) , the consumer reference group may—\nconsult with consumers of covered gas; and\nfacilitate consumer engagement in the process for making the instrument; and\nmake written submissions to the AER about the content of the instrument and the process for making it.\nThe AER must publish on its website any written advice, recommendations or submissions given to it by the consumer reference group.\ns 30I ins 2018 No. 33 (SA) s 15\namd 2023 No. 36 (SA) s 17\n(sec.30I-ssec.1) A consumer reference group for making a rate of return instrument— is to consist of the members appointed by the AER; and may carry out its activities, including giving advice or recommendations to the AER about the instrument, in the way it considers appropriate.\n(sec.30I-ssec.2) Without limiting subsection (1) (b) , the consumer reference group may— consult with consumers of covered gas; and facilitate consumer engagement in the process for making the instrument; and make written submissions to the AER about the content of the instrument and the process for making it.\n(sec.30I-ssec.3) The AER must publish on its website any written advice, recommendations or submissions given to it by the consumer reference group.\n- (a) is to consist of the members appointed by the AER; and\n- (b) may carry out its activities, including giving advice or recommendations to the AER about the instrument, in the way it considers appropriate.\n- (a) consult with consumers of covered gas; and\n- (b) facilitate consumer engagement in the process for making the instrument; and\n- (c) make written submissions to the AER about the content of the instrument and the process for making it.","sortOrder":81},{"sectionNumber":"sec.30J","sectionType":"section","heading":"Publication of draft instrument and other information","content":"### sec.30J Publication of draft instrument and other information\n\nThe AER must, at least 6 months before making a rate of return instrument, publish on its website—\na draft of the proposed instrument and the explanatory information for the instrument; and\na notice—\ninviting persons to make a written submission to the AER about the proposed instrument; and\nstating the period, not less than 28 days, within which a submission must be made.\nA person may make a submission after the stated period only with the written approval of the AER.\nThe AER must publish submissions made under this section on its website.\ns 30J ins 2018 No. 33 (SA) s 15\n(sec.30J-ssec.1) The AER must, at least 6 months before making a rate of return instrument, publish on its website— a draft of the proposed instrument and the explanatory information for the instrument; and a notice— inviting persons to make a written submission to the AER about the proposed instrument; and stating the period, not less than 28 days, within which a submission must be made.\n(sec.30J-ssec.2) A person may make a submission after the stated period only with the written approval of the AER.\n(sec.30J-ssec.3) The AER must publish submissions made under this section on its website.\n- (a) a draft of the proposed instrument and the explanatory information for the instrument; and\n- (b) a notice— (i) inviting persons to make a written submission to the AER about the proposed instrument; and (ii) stating the period, not less than 28 days, within which a submission must be made.\n- (i) inviting persons to make a written submission to the AER about the proposed instrument; and\n- (ii) stating the period, not less than 28 days, within which a submission must be made.\n- (i) inviting persons to make a written submission to the AER about the proposed instrument; and\n- (ii) stating the period, not less than 28 days, within which a submission must be made.","sortOrder":82},{"sectionNumber":"sec.30K","sectionType":"section","heading":"Report about draft instrument by independent panel","content":"### sec.30K Report about draft instrument by independent panel\n\nThe AER must, as soon as practicable after publishing the draft instrument, establish an independent panel to give the AER a written report about the instrument.\nThe panel—\nmay carry out its activities, including giving the report, in the way it considers appropriate; but\nmust seek to give the report by consensus.\nThe panel must—\nconsist of at least 3 members, appointed by the AER, who have qualifications or experience in a field the AER considers relevant to making a rate of return instrument; and\nFinance, economics, law, consumer affairs, institutional investment.\ngive the report to the AER before the AER makes the instrument.\nThe AER must take reasonable steps to minimise and manage any conflicts of interest a panel member may have in relation to making the instrument.\nThe report must—\ninclude the panel’s assessment of the evidence and reasons supporting the rate of return on capital or the value of imputation credits under the instrument; and\nstate whether the report is given by consensus.\nThe AER must publish the report on its website.\ns 30K ins 2018 No. 33 (SA) s 15\n(sec.30K-ssec.1) The AER must, as soon as practicable after publishing the draft instrument, establish an independent panel to give the AER a written report about the instrument.\n(sec.30K-ssec.2) The panel— may carry out its activities, including giving the report, in the way it considers appropriate; but must seek to give the report by consensus.\n(sec.30K-ssec.3) The panel must— consist of at least 3 members, appointed by the AER, who have qualifications or experience in a field the AER considers relevant to making a rate of return instrument; and Finance, economics, law, consumer affairs, institutional investment. give the report to the AER before the AER makes the instrument.\n(sec.30K-ssec.4) The AER must take reasonable steps to minimise and manage any conflicts of interest a panel member may have in relation to making the instrument.\n(sec.30K-ssec.5) The report must— include the panel’s assessment of the evidence and reasons supporting the rate of return on capital or the value of imputation credits under the instrument; and state whether the report is given by consensus.\n(sec.30K-ssec.6) The AER must publish the report on its website.\n- (a) may carry out its activities, including giving the report, in the way it considers appropriate; but\n- (b) must seek to give the report by consensus.\n- (a) consist of at least 3 members, appointed by the AER, who have qualifications or experience in a field the AER considers relevant to making a rate of return instrument; and Examples of relevant fields— Finance, economics, law, consumer affairs, institutional investment.\n- (b) give the report to the AER before the AER makes the instrument.\n- (a) include the panel’s assessment of the evidence and reasons supporting the rate of return on capital or the value of imputation credits under the instrument; and\n- (b) state whether the report is given by consensus.","sortOrder":83},{"sectionNumber":"sec.30L","sectionType":"section","heading":"Publication of explanatory information","content":"### sec.30L Publication of explanatory information\n\nThe AER must publish explanatory information for a rate of return instrument on its website when the instrument is published under section 30N .\ns 30L ins 2018 No. 33 (SA) s 15","sortOrder":84},{"sectionNumber":"sec.30M","sectionType":"section","heading":"Failure to comply does not affect validity","content":"### sec.30M Failure to comply does not affect validity\n\nFailure to comply with this Subdivision does not invalidate or otherwise affect a rate of return instrument.\ns 30M ins 2018 No. 33 (SA) s 15","sortOrder":85},{"sectionNumber":"sec.30N","sectionType":"section","heading":"Publication of rate of return instrument","content":"### sec.30N Publication of rate of return instrument\n\nAfter making a rate of return instrument, the AER must publish the instrument on its website.\nSee section 30L for the requirement to publish explanatory information for the instrument.\ns 30N ins 2018 No. 33 (SA) s 15","sortOrder":86},{"sectionNumber":"sec.30O","sectionType":"section","heading":"Commencement and duration of instrument","content":"### sec.30O Commencement and duration of instrument\n\nA rate of return instrument—\ncommences on the day after it is published on the AER’s website; and\nremains in force until the end of the day it is replaced under section 30P .\ns 30O ins 2018 No. 33 (SA) s 15\n- (a) commences on the day after it is published on the AER’s website; and\n- (b) remains in force until the end of the day it is replaced under section 30P .","sortOrder":87},{"sectionNumber":"sec.30P","sectionType":"section","heading":"Review and replacement of instrument","content":"### sec.30P Review and replacement of instrument\n\nThe AER must—\nreview each rate of return instrument; and\nmake a new rate of return instrument under this Division to replace the reviewed instrument.\nThe AER must replace the reviewed instrument by publishing the new instrument on its website on the day that is—\nthe fourth anniversary of the day the reviewed instrument was published; or\nif the day mentioned in paragraph (a) is not a business day—the first business day after that day.\ns 30P ins 2018 No. 33 (SA) s 15\n(sec.30P-ssec.1) The AER must— review each rate of return instrument; and make a new rate of return instrument under this Division to replace the reviewed instrument.\n(sec.30P-ssec.2) The AER must replace the reviewed instrument by publishing the new instrument on its website on the day that is— the fourth anniversary of the day the reviewed instrument was published; or if the day mentioned in paragraph (a) is not a business day—the first business day after that day.\n- (a) review each rate of return instrument; and\n- (b) make a new rate of return instrument under this Division to replace the reviewed instrument.\n- (a) the fourth anniversary of the day the reviewed instrument was published; or\n- (b) if the day mentioned in paragraph (a) is not a business day—the first business day after that day.","sortOrder":88},{"sectionNumber":"sec.30Q","sectionType":"section","heading":"Application of instrument","content":"### sec.30Q Application of instrument\n\nA rate of return instrument—\napplies for the purposes of an AER economic regulatory decision made after the commencement of the instrument; and\ndoes not affect an AER economic regulatory decision made before the commencement of the instrument.\nTo remove any doubt, it is declared that the application of the instrument under this Law, including, for example, in making an access arrangement decision, is an AER economic regulatory function or power.\ns 30Q ins 2018 No. 33 (SA) s 15\namd 2022 No. 21 (SA) s 32\n(sec.30Q-ssec.1) A rate of return instrument— applies for the purposes of an AER economic regulatory decision made after the commencement of the instrument; and does not affect an AER economic regulatory decision made before the commencement of the instrument.\n(sec.30Q-ssec.2) To remove any doubt, it is declared that the application of the instrument under this Law, including, for example, in making an access arrangement decision, is an AER economic regulatory function or power.\n- (a) applies for the purposes of an AER economic regulatory decision made after the commencement of the instrument; and\n- (b) does not affect an AER economic regulatory decision made before the commencement of the instrument.","sortOrder":89},{"sectionNumber":"sec.30R","sectionType":"section","heading":"Rate of return instrument may apply for this Law and the National Electricity Law","content":"### sec.30R Rate of return instrument may apply for this Law and the National Electricity Law\n\nThe AER may make 1 rate of return instrument for the purposes of this Law and the National Electricity Law.\nIf the AER acts under subsection (1) —\nthe process for making the instrument under Part 3 Division 1B of the National Electricity Law is taken to have been complied with for the instrument; and\nthe instrument is taken to be the rate of return instrument for the purposes of the National Electricity Law.\nSee also section 18W of the National Electricity Law.\nTo remove any doubt, it is declared that the instrument may include different ways to calculate the rate of return on capital and the value of imputation credits for the purposes of this Law and the National Electricity Law.\ns 30R ins 2018 No. 33 (SA) s 15\n(sec.30R-ssec.1) The AER may make 1 rate of return instrument for the purposes of this Law and the National Electricity Law.\n(sec.30R-ssec.2) If the AER acts under subsection (1) — the process for making the instrument under Part 3 Division 1B of the National Electricity Law is taken to have been complied with for the instrument; and the instrument is taken to be the rate of return instrument for the purposes of the National Electricity Law. See also section 18W of the National Electricity Law.\n(sec.30R-ssec.3) To remove any doubt, it is declared that the instrument may include different ways to calculate the rate of return on capital and the value of imputation credits for the purposes of this Law and the National Electricity Law.\n- (a) the process for making the instrument under Part 3 Division 1B of the National Electricity Law is taken to have been complied with for the instrument; and\n- (b) the instrument is taken to be the rate of return instrument for the purposes of the National Electricity Law.","sortOrder":90},{"sectionNumber":"sec.30S","sectionType":"section","heading":"Confidentiality","content":"### sec.30S Confidentiality\n\nIf a person wishes to give information to the AER for the purposes of this Division in confidence—\nthe person must give the AER written notice that the person claims the information is confidential; and\ngive reasons to support the claim, including—\ninformation about the detriment that might be caused to the person if the information were disclosed by the AER; and\ninformation that—\nis reasonably within the person’s knowledge and capacity to give; and\nmay be relevant to the AER’s consideration under section 329 about whether the public benefit in disclosing the information outweighs the detriment.\nIn giving reasons to support a claim under subsection (1) about information received from another person (a third party ), a person may include information that—\nis reasonably within the person’s knowledge and capacity to give; and\nis about the detriment that might be caused to the third party if the information were disclosed by the AER; and\nmay be relevant to the AER’s consideration under section 329 about whether the public benefit in disclosing the information outweighs the detriment.\nIn acting under subsection (1) , a person must specifically identify the information in relation to which the claim is made.\nInformation given to the AER for the purposes of this Division is not to be regarded as being given in confidence, or to be confidential in any way, unless the information is subject to an express claim of confidentiality made under this section.\ns 30S ins 2018 No. 33 (SA) s 15\n(sec.30S-ssec.1) If a person wishes to give information to the AER for the purposes of this Division in confidence— the person must give the AER written notice that the person claims the information is confidential; and give reasons to support the claim, including— information about the detriment that might be caused to the person if the information were disclosed by the AER; and information that— is reasonably within the person’s knowledge and capacity to give; and may be relevant to the AER’s consideration under section 329 about whether the public benefit in disclosing the information outweighs the detriment.\n(sec.30S-ssec.2) In giving reasons to support a claim under subsection (1) about information received from another person (a third party ), a person may include information that— is reasonably within the person’s knowledge and capacity to give; and is about the detriment that might be caused to the third party if the information were disclosed by the AER; and may be relevant to the AER’s consideration under section 329 about whether the public benefit in disclosing the information outweighs the detriment.\n(sec.30S-ssec.3) In acting under subsection (1) , a person must specifically identify the information in relation to which the claim is made.\n(sec.30S-ssec.4) Information given to the AER for the purposes of this Division is not to be regarded as being given in confidence, or to be confidential in any way, unless the information is subject to an express claim of confidentiality made under this section.\n- (a) the person must give the AER written notice that the person claims the information is confidential; and\n- (b) give reasons to support the claim, including— (i) information about the detriment that might be caused to the person if the information were disclosed by the AER; and (ii) information that— (A) is reasonably within the person’s knowledge and capacity to give; and (B) may be relevant to the AER’s consideration under section 329 about whether the public benefit in disclosing the information outweighs the detriment.\n- (i) information about the detriment that might be caused to the person if the information were disclosed by the AER; and\n- (ii) information that— (A) is reasonably within the person’s knowledge and capacity to give; and (B) may be relevant to the AER’s consideration under section 329 about whether the public benefit in disclosing the information outweighs the detriment.\n- (A) is reasonably within the person’s knowledge and capacity to give; and\n- (B) may be relevant to the AER’s consideration under section 329 about whether the public benefit in disclosing the information outweighs the detriment.\n- (i) information about the detriment that might be caused to the person if the information were disclosed by the AER; and\n- (ii) information that— (A) is reasonably within the person’s knowledge and capacity to give; and (B) may be relevant to the AER’s consideration under section 329 about whether the public benefit in disclosing the information outweighs the detriment.\n- (A) is reasonably within the person’s knowledge and capacity to give; and\n- (B) may be relevant to the AER’s consideration under section 329 about whether the public benefit in disclosing the information outweighs the detriment.\n- (A) is reasonably within the person’s knowledge and capacity to give; and\n- (B) may be relevant to the AER’s consideration under section 329 about whether the public benefit in disclosing the information outweighs the detriment.\n- (a) is reasonably within the person’s knowledge and capacity to give; and\n- (b) is about the detriment that might be caused to the third party if the information were disclosed by the AER; and\n- (c) may be relevant to the AER’s consideration under section 329 about whether the public benefit in disclosing the information outweighs the detriment.","sortOrder":91},{"sectionNumber":"sec.30T","sectionType":"section","heading":"Disclosure of information given in confidence","content":"### sec.30T Disclosure of information given in confidence\n\nChapter 10 Part 2 Division 1 applies in relation to publishing information given to the AER in confidence under this Division.\nIn this section—\ninformation includes advice, recommendations, submissions and reports.\ns 30T ins 2018 No. 33 (SA) s 15\n(sec.30T-ssec.1) Chapter 10 Part 2 Division 1 applies in relation to publishing information given to the AER in confidence under this Division.\n(sec.30T-ssec.2) In this section— information includes advice, recommendations, submissions and reports.","sortOrder":92},{"sectionNumber":"ch.2-pt.1-div.1B","sectionType":"division","heading":"AER trial waiver functions","content":"## AER trial waiver functions","sortOrder":93},{"sectionNumber":"sec.30U","sectionType":"section","heading":"Definitions","content":"### sec.30U Definitions\n\nIn this Division—\nproponent —see section 30W (1) .\ns 30U def proponent amd 2023 No. 36 (SA) s 18\ns 30U ins 2022 No. 22 (SA) s 35","sortOrder":94},{"sectionNumber":"sec.30V","sectionType":"section","heading":"Interpretative matters","content":"### sec.30V Interpretative matters\n\nThe functions of the AER under this Division are the AER trial waiver functions .\nThis Division does not limit any other provision of this Law or the Rules that provides for an exemption from, or for the waiver of, compliance with this Law or the Rules.\ns 30V ins 2022 No. 22 (SA) s 35\n(sec.30V-ssec.1) The functions of the AER under this Division are the AER trial waiver functions .\n(sec.30V-ssec.2) This Division does not limit any other provision of this Law or the Rules that provides for an exemption from, or for the waiver of, compliance with this Law or the Rules.","sortOrder":95},{"sectionNumber":"sec.30W","sectionType":"section","heading":"Trial waiver","content":"### sec.30W Trial waiver\n\nSubject to this section, the AER may, on application by a person or body that proposes to undertake a trial project (a proponent ), make a determination to grant the proponent an exemption (a trial waiver ) from 1 or more of the following:\nsection 91BJ ;\nsection 91BRD ;\nsection 91BRR ;\nsection 91LB ;\nthe Rules, or a provision of the Rules.\nBefore making a determination to grant a trial waiver, the AER must have regard to the innovative trial principles and any matter required by the Rules.\nAn application for a trial waiver must be made in accordance with the Rules.\nNothing in this section operates to prevent the granting of an exemption in accordance with a rule made under section 148A .\ns 30W ins 2022 No. 22 (SA) s 35\namd 2023 No. 36 (SA) s 19\n(sec.30W-ssec.1) Subject to this section, the AER may, on application by a person or body that proposes to undertake a trial project (a proponent ), make a determination to grant the proponent an exemption (a trial waiver ) from 1 or more of the following: section 91BJ ; section 91BRD ; section 91BRR ; section 91LB ; the Rules, or a provision of the Rules.\n(sec.30W-ssec.2) Before making a determination to grant a trial waiver, the AER must have regard to the innovative trial principles and any matter required by the Rules.\n(sec.30W-ssec.3) An application for a trial waiver must be made in accordance with the Rules.\n(sec.30W-ssec.4) Nothing in this section operates to prevent the granting of an exemption in accordance with a rule made under section 148A .\n- (a) section 91BJ ;\n- (b) section 91BRD ;\n- (c) section 91BRR ;\n- (d) section 91LB ;\n- (e) the Rules, or a provision of the Rules.","sortOrder":96},{"sectionNumber":"sec.30X","sectionType":"section","heading":"Conditions of trial waiver","content":"### sec.30X Conditions of trial waiver\n\nA trial waiver must be in writing and—\nmust be subject to any conditions required by the Rules; and\nmay be subject to any conditions the AER considers appropriate.\nThe AER may vary or revoke a condition of a trial waiver in accordance with the Rules.\ns 30X ins 2022 No. 22 (SA) s 35\n(sec.30X-ssec.1) A trial waiver must be in writing and— must be subject to any conditions required by the Rules; and may be subject to any conditions the AER considers appropriate.\n(sec.30X-ssec.2) The AER may vary or revoke a condition of a trial waiver in accordance with the Rules.\n- (a) must be subject to any conditions required by the Rules; and\n- (b) may be subject to any conditions the AER considers appropriate.","sortOrder":97},{"sectionNumber":"sec.30Y","sectionType":"section","heading":"Consultation on trial waiver","content":"### sec.30Y Consultation on trial waiver\n\nBefore granting a trial waiver, the AER must—\ncomply with any requirements specified by the Rules; and\nundertake consultation (including with the proponent) in accordance with the Rules.\ns 30Y ins 2022 No. 22 (SA) s 35\n- (a) comply with any requirements specified by the Rules; and\n- (b) undertake consultation (including with the proponent) in accordance with the Rules.","sortOrder":98},{"sectionNumber":"sec.30Z","sectionType":"section","heading":"Publication etc of trial waiver","content":"### sec.30Z Publication etc of trial waiver\n\nAs soon as practicable after a trial waiver is made, a copy of the trial waiver must be published on the AER’s website.\ns 30Z ins 2022 No. 22 (SA) s 35","sortOrder":99},{"sectionNumber":"sec.30ZA","sectionType":"section","heading":"Duration of trial waiver","content":"### sec.30ZA Duration of trial waiver\n\nSubject to this Division, a trial waiver has effect from the day specified in the trial waiver and for the period (not exceeding 5 years) specified in the trial waiver.\ns 30ZA ins 2022 No. 22 (SA) s 35","sortOrder":100},{"sectionNumber":"sec.30ZB","sectionType":"section","heading":"Extension of trial waiver","content":"### sec.30ZB Extension of trial waiver\n\nThe AER may, in accordance with the Rules, extend the period for which a trial waiver granted under this Division has effect by a period determined by the AER (which cannot exceed the period prescribed by the Regulations).\nBefore granting an extension under subsection (1) , the AER must have regard to the innovative trial principles and any matter required by the Rules.\nAn extension under subsection (1) must be in writing and must be published on the AER’s website.\nAn extension under subsection (1) may only be granted once in respect of a trial waiver granted under this Division.\ns 30ZB ins 2022 No. 22 (SA) s 35\n(sec.30ZB-ssec.1) The AER may, in accordance with the Rules, extend the period for which a trial waiver granted under this Division has effect by a period determined by the AER (which cannot exceed the period prescribed by the Regulations).\n(sec.30ZB-ssec.2) Before granting an extension under subsection (1) , the AER must have regard to the innovative trial principles and any matter required by the Rules.\n(sec.30ZB-ssec.3) An extension under subsection (1) must be in writing and must be published on the AER’s website.\n(sec.30ZB-ssec.4) An extension under subsection (1) may only be granted once in respect of a trial waiver granted under this Division.","sortOrder":101},{"sectionNumber":"sec.30ZC","sectionType":"section","heading":"Compliance with trial waiver","content":"### sec.30ZC Compliance with trial waiver\n\nA proponent granted a trial waiver must comply with any conditions to which the trial waiver is subject.\nIf a proponent breaches subsection (1) , the AER may—\nrevoke the trial waiver; or\nvary or revoke a condition of, or impose further conditions on, the trial waiver.\nNothing in this section limits section 30ZD .\ns 30ZC ins 2022 No. 22 (SA) s 35\n(sec.30ZC-ssec.1) A proponent granted a trial waiver must comply with any conditions to which the trial waiver is subject.\n(sec.30ZC-ssec.2) If a proponent breaches subsection (1) , the AER may— revoke the trial waiver; or vary or revoke a condition of, or impose further conditions on, the trial waiver.\n(sec.30ZC-ssec.3) Nothing in this section limits section 30ZD .\n- (a) revoke the trial waiver; or\n- (b) vary or revoke a condition of, or impose further conditions on, the trial waiver.","sortOrder":102},{"sectionNumber":"sec.30ZD","sectionType":"section","heading":"Revocation of trial waiver","content":"### sec.30ZD Revocation of trial waiver\n\nThe AER may, in accordance with the Rules, revoke a trial waiver granted under this Division.\ns 30ZD ins 2022 No. 22 (SA) s 35","sortOrder":103},{"sectionNumber":"sec.30ZE","sectionType":"section","heading":"Other matters","content":"### sec.30ZE Other matters\n\nThe AER must not grant a trial waiver if the AER reasonably considers—\nthat the trial project for which the trial waiver is sought is materially similar to a trial project—\nfor which a trial Rule has been made; or\nthat is the subject of a request under section 295 (1) for the making of a trial Rule; or\nthat the trial project is unlikely to be carried out.\nThe AER cannot grant itself a trial waiver.\ns 30ZE ins 2022 No. 22 (SA) s 35\n(sec.30ZE-ssec.1) The AER must not grant a trial waiver if the AER reasonably considers— that the trial project for which the trial waiver is sought is materially similar to a trial project— for which a trial Rule has been made; or that is the subject of a request under section 295 (1) for the making of a trial Rule; or that the trial project is unlikely to be carried out.\n(sec.30ZE-ssec.2) The AER cannot grant itself a trial waiver.\n- (a) that the trial project for which the trial waiver is sought is materially similar to a trial project— (i) for which a trial Rule has been made; or (ii) that is the subject of a request under section 295 (1) for the making of a trial Rule; or\n- (i) for which a trial Rule has been made; or\n- (ii) that is the subject of a request under section 295 (1) for the making of a trial Rule; or\n- (b) that the trial project is unlikely to be carried out.\n- (i) for which a trial Rule has been made; or\n- (ii) that is the subject of a request under section 295 (1) for the making of a trial Rule; or","sortOrder":104},{"sectionNumber":"ch.2-pt.1-div.2","sectionType":"division","heading":"Search warrants","content":"## Search warrants","sortOrder":105},{"sectionNumber":"sec.31","sectionType":"section","heading":"Definitions","content":"### sec.31 Definitions\n\nIn this Division—\nauthorised person means a person authorised under section 32 ;\nrelevant provision means a provision of this Law, the Regulations or the Rules.","sortOrder":106},{"sectionNumber":"sec.32","sectionType":"section","heading":"Authorised person","content":"### sec.32 Authorised person\n\nThe AER may, in writing, authorise a person that the AER considers is suitably qualified or trained to be an authorised person for the purposes of this Division.\nAn authorised person must comply with any direction of the AER in exercising powers or functions as an authorised person.\n(sec.32-ssec.1) The AER may, in writing, authorise a person that the AER considers is suitably qualified or trained to be an authorised person for the purposes of this Division.\n(sec.32-ssec.2) An authorised person must comply with any direction of the AER in exercising powers or functions as an authorised person.","sortOrder":107},{"sectionNumber":"sec.33","sectionType":"section","heading":"Identity cards","content":"### sec.33 Identity cards\n\nThe AER must issue an identity card to an authorised person.\nThe identity card must contain the name, a recent photograph and the signature of the authorised person.\nAn authorised person must carry the identity card at all times when exercising powers or performing functions as an authorised person.\nAn authorised person must produce his or her identity card for inspection—\nbefore exercising a power as an authorised person; or\nat any time during the exercise of a power as an authorised person, if asked to do so.\n(sec.33-ssec.1) The AER must issue an identity card to an authorised person.\n(sec.33-ssec.2) The identity card must contain the name, a recent photograph and the signature of the authorised person.\n(sec.33-ssec.3) An authorised person must carry the identity card at all times when exercising powers or performing functions as an authorised person.\n(sec.33-ssec.4) An authorised person must produce his or her identity card for inspection— before exercising a power as an authorised person; or at any time during the exercise of a power as an authorised person, if asked to do so.\n- (a) before exercising a power as an authorised person; or\n- (b) at any time during the exercise of a power as an authorised person, if asked to do so.","sortOrder":108},{"sectionNumber":"sec.34","sectionType":"section","heading":"Return of identity cards","content":"### sec.34 Return of identity cards\n\nIf a person to whom an identity card has been issued ceases to be an authorised person, the person must return the identity card to the AER as soon as practicable.\nMaximum penalty: $620.\nSee Schedule 2 clause 47B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.\ns 34 amd 2020 No. 37 (SA) s 50","sortOrder":109},{"sectionNumber":"sec.35","sectionType":"section","heading":"Search warrant","content":"### sec.35 Search warrant\n\nAn authorised person may apply to a magistrate for the issue of a search warrant in relation to a particular place if the person—\nbelieves on reasonable grounds that—\nthere is or has been or will be a breach of a relevant provision; and\nthere is or may be a thing or things of a particular kind connected with that breach on or in that place; or\nreasonably suspects that—\nthere may have been a breach of a relevant provision; and\nthere is or may be a thing or things of a particular kind connected with that breach on or in that place.\nIf a magistrate is satisfied by the evidence, on oath or by affidavit, of an authorised person that there are reasonable grounds for suspecting that there is, or may be within the next 7 days, a thing or things of a particular kind connected with a breach or possible breach of a relevant provision on or in a place, the magistrate may issue a search warrant authorising an authorised person named in the warrant—\nto enter the place specified in the warrant, with such assistance and by the use of such force as is necessary and reasonable;\nto search the place or any part of the place;\nto search for and seize a thing named or described in the warrant and which the person believes on reasonable grounds to be connected with the breach or possible breach of the relevant provision;\nto inspect, examine or record an image of anything in the place;\nto take extracts from, and make copies of, any documents in the place;\nto take into the place such equipment and materials as the person requires for exercising the powers.\nA search warrant issued under this section must state—\nthe purpose for which the search is required and the nature of the suspected breach of the relevant provision; and\nany conditions to which the warrant is subject; and\nwhether entry is authorised to be made at any time of the day or night or during stated hours of the day or night; and\na day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect.\nExcept as provided by this Law, the rules to be observed with respect to search warrants mentioned in any relevant laws of this jurisdiction extend and apply to warrants under this section.\n(sec.35-ssec.1) An authorised person may apply to a magistrate for the issue of a search warrant in relation to a particular place if the person— believes on reasonable grounds that— there is or has been or will be a breach of a relevant provision; and there is or may be a thing or things of a particular kind connected with that breach on or in that place; or reasonably suspects that— there may have been a breach of a relevant provision; and there is or may be a thing or things of a particular kind connected with that breach on or in that place.\n(sec.35-ssec.2) If a magistrate is satisfied by the evidence, on oath or by affidavit, of an authorised person that there are reasonable grounds for suspecting that there is, or may be within the next 7 days, a thing or things of a particular kind connected with a breach or possible breach of a relevant provision on or in a place, the magistrate may issue a search warrant authorising an authorised person named in the warrant— to enter the place specified in the warrant, with such assistance and by the use of such force as is necessary and reasonable; to search the place or any part of the place; to search for and seize a thing named or described in the warrant and which the person believes on reasonable grounds to be connected with the breach or possible breach of the relevant provision; to inspect, examine or record an image of anything in the place; to take extracts from, and make copies of, any documents in the place; to take into the place such equipment and materials as the person requires for exercising the powers.\n(sec.35-ssec.3) A search warrant issued under this section must state— the purpose for which the search is required and the nature of the suspected breach of the relevant provision; and any conditions to which the warrant is subject; and whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night; and a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect.\n(sec.35-ssec.4) Except as provided by this Law, the rules to be observed with respect to search warrants mentioned in any relevant laws of this jurisdiction extend and apply to warrants under this section.\n- (a) believes on reasonable grounds that— (i) there is or has been or will be a breach of a relevant provision; and (ii) there is or may be a thing or things of a particular kind connected with that breach on or in that place; or\n- (i) there is or has been or will be a breach of a relevant provision; and\n- (ii) there is or may be a thing or things of a particular kind connected with that breach on or in that place; or\n- (b) reasonably suspects that— (i) there may have been a breach of a relevant provision; and (ii) there is or may be a thing or things of a particular kind connected with that breach on or in that place.\n- (i) there may have been a breach of a relevant provision; and\n- (ii) there is or may be a thing or things of a particular kind connected with that breach on or in that place.\n- (i) there is or has been or will be a breach of a relevant provision; and\n- (ii) there is or may be a thing or things of a particular kind connected with that breach on or in that place; or\n- (i) there may have been a breach of a relevant provision; and\n- (ii) there is or may be a thing or things of a particular kind connected with that breach on or in that place.\n- (a) to enter the place specified in the warrant, with such assistance and by the use of such force as is necessary and reasonable;\n- (b) to search the place or any part of the place;\n- (c) to search for and seize a thing named or described in the warrant and which the person believes on reasonable grounds to be connected with the breach or possible breach of the relevant provision;\n- (d) to inspect, examine or record an image of anything in the place;\n- (e) to take extracts from, and make copies of, any documents in the place;\n- (f) to take into the place such equipment and materials as the person requires for exercising the powers.\n- (a) the purpose for which the search is required and the nature of the suspected breach of the relevant provision; and\n- (b) any conditions to which the warrant is subject; and\n- (c) whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night; and\n- (d) a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect.","sortOrder":110},{"sectionNumber":"sec.36","sectionType":"section","heading":"Announcement of entry and details of warrant to be given to occupier or other person at premises","content":"### sec.36 Announcement of entry and details of warrant to be given to occupier or other person at premises\n\nThis section applies if the occupier or another person who apparently represents the occupier is present at premises when a search warrant is being executed.\nThe authorised person executing the warrant must—\nidentify himself or herself to that person; and\nannounce that he or she is authorised by the warrant to enter the place; and\nbefore using force to enter, give the person an opportunity to allow entry; and\ngive the person a copy of the warrant.\nThe authorised person executing the warrant is not entitled to exercise any powers under the warrant in relation to premises if the authorised person does not comply with subsection (2) .\n(sec.36-ssec.1) This section applies if the occupier or another person who apparently represents the occupier is present at premises when a search warrant is being executed.\n(sec.36-ssec.2) The authorised person executing the warrant must— identify himself or herself to that person; and announce that he or she is authorised by the warrant to enter the place; and before using force to enter, give the person an opportunity to allow entry; and give the person a copy of the warrant.\n(sec.36-ssec.3) The authorised person executing the warrant is not entitled to exercise any powers under the warrant in relation to premises if the authorised person does not comply with subsection (2) .\n- (a) identify himself or herself to that person; and\n- (b) announce that he or she is authorised by the warrant to enter the place; and\n- (c) before using force to enter, give the person an opportunity to allow entry; and\n- (d) give the person a copy of the warrant.","sortOrder":111},{"sectionNumber":"sec.37","sectionType":"section","heading":"Immediate entry permitted in certain cases","content":"### sec.37 Immediate entry permitted in certain cases\n\nAn authorised person executing a warrant need not comply with section 36 if he or she believes on reasonable grounds that immediate entry to premises is required to ensure—\nthe safety of any person; or\nthat the effective execution of the search warrant is not frustrated.\n- (a) the safety of any person; or\n- (b) that the effective execution of the search warrant is not frustrated.","sortOrder":112},{"sectionNumber":"sec.38","sectionType":"section","heading":"Copies of seized documents","content":"### sec.38 Copies of seized documents\n\nIf an authorised person executing a warrant retains possession of a document seized from a person in accordance with the warrant, the authorised person must give that other person, within 21 days of the seizure, a copy of the document certified as correct by the authorised person executing the warrant.\nA copy of a document certified under subsection (1) shall be received in all courts and all tribunals as evidence of equal validity to the original.\n(sec.38-ssec.1) If an authorised person executing a warrant retains possession of a document seized from a person in accordance with the warrant, the authorised person must give that other person, within 21 days of the seizure, a copy of the document certified as correct by the authorised person executing the warrant.\n(sec.38-ssec.2) A copy of a document certified under subsection (1) shall be received in all courts and all tribunals as evidence of equal validity to the original.","sortOrder":113},{"sectionNumber":"sec.39","sectionType":"section","heading":"Retention and return of seized documents or things","content":"### sec.39 Retention and return of seized documents or things\n\nIf an authorised person executing a warrant seizes a document or other thing in accordance with the warrant, the authorised person must if he or she is not a person employed by the AER, give the document or other thing seized to the AER.\nThe AER must take reasonable steps to return the document or thing to the person from whom it was seized if the reason for its seizure no longer exists.\nIf the document or thing seized has not been returned within 3 months after it was seized, the AER must take reasonable steps to return it unless—\nproceedings for the purpose for which the document or thing was retained have commenced within that 3 month period and those proceedings (including any appeal) have not been completed; or\na magistrate makes an order under section 40 extending the period during which the document or thing may be retained.\n(sec.39-ssec.1) If an authorised person executing a warrant seizes a document or other thing in accordance with the warrant, the authorised person must if he or she is not a person employed by the AER, give the document or other thing seized to the AER.\n(sec.39-ssec.2) The AER must take reasonable steps to return the document or thing to the person from whom it was seized if the reason for its seizure no longer exists.\n(sec.39-ssec.3) If the document or thing seized has not been returned within 3 months after it was seized, the AER must take reasonable steps to return it unless— proceedings for the purpose for which the document or thing was retained have commenced within that 3 month period and those proceedings (including any appeal) have not been completed; or a magistrate makes an order under section 40 extending the period during which the document or thing may be retained.\n- (a) proceedings for the purpose for which the document or thing was retained have commenced within that 3 month period and those proceedings (including any appeal) have not been completed; or\n- (b) a magistrate makes an order under section 40 extending the period during which the document or thing may be retained.","sortOrder":114},{"sectionNumber":"sec.40","sectionType":"section","heading":"Extension of period of retention of documents or things seized","content":"### sec.40 Extension of period of retention of documents or things seized\n\nThe AER may apply to a magistrate—\nwithin 3 months after a document or other thing was seized in accordance with a warrant; or\nif an extension has been granted under this section, before the end of the period of the extension,\nfor an extension of the period for which the AER may retain the document or thing but so that the total period of retention does not exceed 12 months.\nAn application must be made before proceedings for the purpose for which the document or thing was retained have been commenced.\nA magistrate may order such an extension if he or she is satisfied that—\nit is in the interests of justice; and\nthe total period of retention does not exceed 12 months; and\nretention of the document or other thing is necessary—\nfor the purposes of an investigation into whether a breach of a relevant provision has occurred; or\nto enable evidence of a breach of a relevant provision to be obtained for the purposes of a proceeding under this Law.\nIf proceedings are commenced for the purpose for which the document or thing was retained at any time before the expiry of the period specified in an order under this section, the document or thing may be retained until those proceedings (including any appeal) have been completed despite those proceedings being completed after the period specified in the order.\nAt least 7 days prior to the hearing of an application under this section by a magistrate, notice of the application must be sent to the owner of the document or thing described in the application.\n(sec.40-ssec.1) The AER may apply to a magistrate— within 3 months after a document or other thing was seized in accordance with a warrant; or if an extension has been granted under this section, before the end of the period of the extension, for an extension of the period for which the AER may retain the document or thing but so that the total period of retention does not exceed 12 months.\n(sec.40-ssec.2) An application must be made before proceedings for the purpose for which the document or thing was retained have been commenced.\n(sec.40-ssec.3) A magistrate may order such an extension if he or she is satisfied that— it is in the interests of justice; and the total period of retention does not exceed 12 months; and retention of the document or other thing is necessary— for the purposes of an investigation into whether a breach of a relevant provision has occurred; or to enable evidence of a breach of a relevant provision to be obtained for the purposes of a proceeding under this Law.\n(sec.40-ssec.4) If proceedings are commenced for the purpose for which the document or thing was retained at any time before the expiry of the period specified in an order under this section, the document or thing may be retained until those proceedings (including any appeal) have been completed despite those proceedings being completed after the period specified in the order.\n(sec.40-ssec.5) At least 7 days prior to the hearing of an application under this section by a magistrate, notice of the application must be sent to the owner of the document or thing described in the application.\n- (a) within 3 months after a document or other thing was seized in accordance with a warrant; or\n- (b) if an extension has been granted under this section, before the end of the period of the extension,\n- (a) it is in the interests of justice; and\n- (b) the total period of retention does not exceed 12 months; and\n- (c) retention of the document or other thing is necessary— (i) for the purposes of an investigation into whether a breach of a relevant provision has occurred; or (ii) to enable evidence of a breach of a relevant provision to be obtained for the purposes of a proceeding under this Law.\n- (i) for the purposes of an investigation into whether a breach of a relevant provision has occurred; or\n- (ii) to enable evidence of a breach of a relevant provision to be obtained for the purposes of a proceeding under this Law.\n- (i) for the purposes of an investigation into whether a breach of a relevant provision has occurred; or\n- (ii) to enable evidence of a breach of a relevant provision to be obtained for the purposes of a proceeding under this Law.","sortOrder":115},{"sectionNumber":"sec.41","sectionType":"section","heading":"Obstruction of persons authorised to enter","content":"### sec.41 Obstruction of persons authorised to enter\n\nA person must not, without reasonable excuse, obstruct or hinder an authorised person in the exercise of a power under a search warrant under this Division.\nMaximum penalty:\nin the case of a natural person—$3 400;\nin the case of a body corporate—$17 000.\nSee Schedule 2 clause 47B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.\ns 41 amd 2020 No. 37 (SA) s 51\n- (a) in the case of a natural person—$3 400;\n- (b) in the case of a body corporate—$17 000.","sortOrder":116},{"sectionNumber":"ch.2-pt.1-div.3","sectionType":"division","heading":"General information gathering powers","content":"## General information gathering powers","sortOrder":117},{"sectionNumber":"sec.42","sectionType":"section","heading":"Power to obtain information and documents in relation to performance and exercise of functions and powers","content":"### sec.42 Power to obtain information and documents in relation to performance and exercise of functions and powers\n\nIf the AER has reason to believe that a person is capable of providing information, producing a document or giving evidence that the AER requires for the performance or exercise of a function or power conferred on it under this Law or the Rules, the AER may, by notice in writing, serve on that person a notice (a relevant notice ).\nA relevant notice may require the person to do 1 or more of the following:\nprovide to the AER, by writing signed by that person or, in the case of a body corporate, by a competent officer of the body corporate, within the time and in the manner specified in the notice, any information of the kind referred to in subsection (1) ; or\nproduce to the AER, or to a person specified in the notice acting on its behalf, in accordance with the notice, any documents of the kind referred to in subsection (1) ; or\nappear before the AER, or before a member of the staff assisting the AER who is an SES employee or an acting SES employee and who is specified in the notice, at a time and place specified in the notice, to provide any information or to give any evidence of the kind referred to in subsection (1) , either orally or in writing, and to produce any documents of the kind referred to in subsection (1) .\nA person on whom a relevant notice is served must comply with the relevant notice unless the person has a reasonable excuse.\nMaximum penalty:\nin the case of a natural person—$6 300;\nin the case of a body corporate—$31 500.\nSee Schedule 2 clause 47B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.\nA person must not, when appearing under subsection (2) (c) , refuse or fail to answer a question that the person is required to answer for the purpose of providing information or giving evidence unless the person has a reasonable excuse.\nMaximum penalty: $6 300.\nSee Schedule 2 clause 47B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.\nA person must not, in purported compliance with a relevant notice, provide information or give evidence that the person knows is false or misleading in a material particular.\nMaximum penalty:\nin the case of a natural person—$6 300;\nin the case of a body corporate—$31 500.\nSee Schedule 2 clause 47B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.\nIt is a reasonable excuse for the purposes of subsection (3) if the person served the relevant notice is not capable of complying with that notice.\nIt is a reasonable excuse for the purposes of subsection (3a) if the person is not capable of providing the information or giving the evidence (as the case may be) to which the question relates.\nIt is a reasonable excuse for a natural person to—\nfail to provide information or to give evidence of the kind referred to in subsection (1) to the AER, or to a person specified in a relevant notice;\nfail to produce a document of the kind referred to in subsection (1) to the AER, or to a person specified in a relevant notice acting on behalf of the AER,\nif to do so might tend to incriminate the person, or make the person liable to a criminal penalty, under a law of this jurisdiction or a law of another participating jurisdiction.\nIt is not a reasonable excuse for a person to—\nfail to provide information of the kind referred to in subsection (1) to the AER, or to a person specified in a relevant notice; or\nfail to produce a document of the kind referred to in subsection (1) to the AER, or to a person specified in a relevant notice acting on behalf of the AER,\non the ground of any duty of confidence.\nThis section does not require a person to—\nprovide information that is the subject of legal professional privilege; or\nproduce a document the production of which would disclose information that is the subject of legal professional privilege.\nThis section does not require a person to—\nprovide information or give evidence that would disclose the contents of a document prepared for the purposes of a meeting of the Cabinet or a committee of the Cabinet of the Commonwealth or of a State or a Territory; or\nproduce a document prepared for the purposes of a meeting of the Cabinet or a committee of the Cabinet of the Commonwealth or of a State or a Territory; or\nprovide information, give evidence or produce a document that would disclose the deliberations of the Cabinet or a committee of the Cabinet of the Commonwealth or of a State or a Territory.\nThe AER, or a person specified in a relevant notice under this section, may require evidence given under subsection (2) (c) to be given on oath or affirmation and for that purpose the AER or specified person (as the case may be) may administer the oath or affirmation.\nA person must not, without reasonable excuse, refuse or fail to be sworn or to make an affirmation under subsection (9a) .\nMaximum penalty: $6 300.\nSee Schedule 2 clause 47B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.\nA person incurs, by complying with a relevant notice, no liability for breach of contract, breach of confidence or any other civil wrong.\nSubject to the preceding subsections, the Court may, on application by the AER on behalf of the Commonwealth, if satisfied that a person has breached subsection (3) or (3a), make an order that the person take such action as the Court requires for remedying the breach.\nTo avoid doubt, the Court may act under subsection (11) if satisfied on the balance of probabilities that a person is in breach of subsection (3) or (3a) (as the case may be).\nThe AER must not exercise, or continue to exercise, a power under subsection (1) in relation to a matter (and any notice under that subsection will cease to have effect)—\nafter the AER has commenced proceedings in relation to the matter, other than proceedings for an injunction (whether interim or final); or\nif proceedings for a final injunction have been commenced by the AER—after the close of pleadings in those proceedings.\nSubsection (13) does not prevent the AER from—\nusing any information, evidence or document acquired under this section in any proceedings if the information, evidence or document has been obtained before the commencement of those proceedings; or\nexercising a power under this section for a purpose other than for the purposes of proceedings referred to in that subsection.\nAny information, evidence or document obtained under subsection (14) (b) may be used in any proceedings if it is found to be relevant to those proceedings.\nThe Regulations may make any other provision in relation to the form, content or service of a notice under this section.\nAn annual report for the AER must include the following information relating to the relevant reporting period for that report:\nthe number of notices given under this section for the purposes of a function under Division 1AA ;\nthe number of notices (if any) given under subsection (2) (c) during the reporting period to appear to provide information or to give evidence orally;\nin relation to a notice under paragraph (a) —a general description of the nature of the matter or matters in respect of which the notice was given;\nthe number of proceedings (if any) commenced during the reporting period to challenge a notice given under subsection (2) (c) to appear to provide information or to give evidence orally.\nA person must not—\nthreaten, intimidate or coerce another person; or\ncause or procure damage, loss or disadvantage to another person,\nbecause that other person—\nproposes to provide information, give evidence or produce a document in response to a notice under this section; or\nproposes to appear, or has appeared, in response to a notice under this section.\nMaximum penalty: $6 300.\nSee Schedule 2 clause 47B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.\nIn this section—\nacting SES employee has the same meaning as in the Public Service Act 1999 of the Commonwealth;\nSES employee has the same meaning as in the Public Service Act 1999 of the Commonwealth.\ns 42 amd 2020 No. 37 (SA) s 52 ; 2024 No. 12 (SA) s 16\n(sec.42-ssec.1) If the AER has reason to believe that a person is capable of providing information, producing a document or giving evidence that the AER requires for the performance or exercise of a function or power conferred on it under this Law or the Rules, the AER may, by notice in writing, serve on that person a notice (a relevant notice ).\n(sec.42-ssec.2) A relevant notice may require the person to do 1 or more of the following: provide to the AER, by writing signed by that person or, in the case of a body corporate, by a competent officer of the body corporate, within the time and in the manner specified in the notice, any information of the kind referred to in subsection (1) ; or produce to the AER, or to a person specified in the notice acting on its behalf, in accordance with the notice, any documents of the kind referred to in subsection (1) ; or appear before the AER, or before a member of the staff assisting the AER who is an SES employee or an acting SES employee and who is specified in the notice, at a time and place specified in the notice, to provide any information or to give any evidence of the kind referred to in subsection (1) , either orally or in writing, and to produce any documents of the kind referred to in subsection (1) .\n(sec.42-ssec.3) A person on whom a relevant notice is served must comply with the relevant notice unless the person has a reasonable excuse. Maximum penalty: in the case of a natural person—$6 300; in the case of a body corporate—$31 500. See Schedule 2 clause 47B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.\n(sec.42-ssec.3a) A person must not, when appearing under subsection (2) (c) , refuse or fail to answer a question that the person is required to answer for the purpose of providing information or giving evidence unless the person has a reasonable excuse. Maximum penalty: $6 300. See Schedule 2 clause 47B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.\n(sec.42-ssec.4) A person must not, in purported compliance with a relevant notice, provide information or give evidence that the person knows is false or misleading in a material particular. Maximum penalty: in the case of a natural person—$6 300; in the case of a body corporate—$31 500. See Schedule 2 clause 47B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.\n(sec.42-ssec.5) It is a reasonable excuse for the purposes of subsection (3) if the person served the relevant notice is not capable of complying with that notice.\n(sec.42-ssec.5a) It is a reasonable excuse for the purposes of subsection (3a) if the person is not capable of providing the information or giving the evidence (as the case may be) to which the question relates.\n(sec.42-ssec.6) It is a reasonable excuse for a natural person to— fail to provide information or to give evidence of the kind referred to in subsection (1) to the AER, or to a person specified in a relevant notice; fail to produce a document of the kind referred to in subsection (1) to the AER, or to a person specified in a relevant notice acting on behalf of the AER, if to do so might tend to incriminate the person, or make the person liable to a criminal penalty, under a law of this jurisdiction or a law of another participating jurisdiction.\n(sec.42-ssec.7) It is not a reasonable excuse for a person to— fail to provide information of the kind referred to in subsection (1) to the AER, or to a person specified in a relevant notice; or fail to produce a document of the kind referred to in subsection (1) to the AER, or to a person specified in a relevant notice acting on behalf of the AER, on the ground of any duty of confidence.\n(sec.42-ssec.8) This section does not require a person to— provide information that is the subject of legal professional privilege; or produce a document the production of which would disclose information that is the subject of legal professional privilege.\n(sec.42-ssec.9) This section does not require a person to— provide information or give evidence that would disclose the contents of a document prepared for the purposes of a meeting of the Cabinet or a committee of the Cabinet of the Commonwealth or of a State or a Territory; or produce a document prepared for the purposes of a meeting of the Cabinet or a committee of the Cabinet of the Commonwealth or of a State or a Territory; or provide information, give evidence or produce a document that would disclose the deliberations of the Cabinet or a committee of the Cabinet of the Commonwealth or of a State or a Territory.\n(sec.42-ssec.9a) The AER, or a person specified in a relevant notice under this section, may require evidence given under subsection (2) (c) to be given on oath or affirmation and for that purpose the AER or specified person (as the case may be) may administer the oath or affirmation.\n(sec.42-ssec.9b) A person must not, without reasonable excuse, refuse or fail to be sworn or to make an affirmation under subsection (9a) . Maximum penalty: $6 300. See Schedule 2 clause 47B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.\n(sec.42-ssec.10) A person incurs, by complying with a relevant notice, no liability for breach of contract, breach of confidence or any other civil wrong.\n(sec.42-ssec.11) Subject to the preceding subsections, the Court may, on application by the AER on behalf of the Commonwealth, if satisfied that a person has breached subsection (3) or (3a), make an order that the person take such action as the Court requires for remedying the breach.\n(sec.42-ssec.12) To avoid doubt, the Court may act under subsection (11) if satisfied on the balance of probabilities that a person is in breach of subsection (3) or (3a) (as the case may be).\n(sec.42-ssec.13) The AER must not exercise, or continue to exercise, a power under subsection (1) in relation to a matter (and any notice under that subsection will cease to have effect)— after the AER has commenced proceedings in relation to the matter, other than proceedings for an injunction (whether interim or final); or if proceedings for a final injunction have been commenced by the AER—after the close of pleadings in those proceedings.\n(sec.42-ssec.14) Subsection (13) does not prevent the AER from— using any information, evidence or document acquired under this section in any proceedings if the information, evidence or document has been obtained before the commencement of those proceedings; or exercising a power under this section for a purpose other than for the purposes of proceedings referred to in that subsection.\n(sec.42-ssec.15) Any information, evidence or document obtained under subsection (14) (b) may be used in any proceedings if it is found to be relevant to those proceedings.\n(sec.42-ssec.16) The Regulations may make any other provision in relation to the form, content or service of a notice under this section.\n(sec.42-ssec.17) An annual report for the AER must include the following information relating to the relevant reporting period for that report: the number of notices given under this section for the purposes of a function under Division 1AA ; the number of notices (if any) given under subsection (2) (c) during the reporting period to appear to provide information or to give evidence orally; in relation to a notice under paragraph (a) —a general description of the nature of the matter or matters in respect of which the notice was given; the number of proceedings (if any) commenced during the reporting period to challenge a notice given under subsection (2) (c) to appear to provide information or to give evidence orally.\n(sec.42-ssec.18) A person must not— threaten, intimidate or coerce another person; or cause or procure damage, loss or disadvantage to another person, because that other person— proposes to provide information, give evidence or produce a document in response to a notice under this section; or proposes to appear, or has appeared, in response to a notice under this section. Maximum penalty: $6 300. See Schedule 2 clause 47B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.\n(sec.42-ssec.19) In this section— acting SES employee has the same meaning as in the Public Service Act 1999 of the Commonwealth; SES employee has the same meaning as in the Public Service Act 1999 of the Commonwealth.\n- (a) provide to the AER, by writing signed by that person or, in the case of a body corporate, by a competent officer of the body corporate, within the time and in the manner specified in the notice, any information of the kind referred to in subsection (1) ; or\n- (b) produce to the AER, or to a person specified in the notice acting on its behalf, in accordance with the notice, any documents of the kind referred to in subsection (1) ; or\n- (c) appear before the AER, or before a member of the staff assisting the AER who is an SES employee or an acting SES employee and who is specified in the notice, at a time and place specified in the notice, to provide any information or to give any evidence of the kind referred to in subsection (1) , either orally or in writing, and to produce any documents of the kind referred to in subsection (1) .\n- (a) in the case of a natural person—$6 300;\n- (b) in the case of a body corporate—$31 500.\n- (a) in the case of a natural person—$6 300;\n- (b) in the case of a body corporate—$31 500.\n- (a) fail to provide information or to give evidence of the kind referred to in subsection (1) to the AER, or to a person specified in a relevant notice;\n- (b) fail to produce a document of the kind referred to in subsection (1) to the AER, or to a person specified in a relevant notice acting on behalf of the AER,\n- (a) fail to provide information of the kind referred to in subsection (1) to the AER, or to a person specified in a relevant notice; or\n- (b) fail to produce a document of the kind referred to in subsection (1) to the AER, or to a person specified in a relevant notice acting on behalf of the AER,\n- (a) provide information that is the subject of legal professional privilege; or\n- (b) produce a document the production of which would disclose information that is the subject of legal professional privilege.\n- (a) provide information or give evidence that would disclose the contents of a document prepared for the purposes of a meeting of the Cabinet or a committee of the Cabinet of the Commonwealth or of a State or a Territory; or\n- (b) produce a document prepared for the purposes of a meeting of the Cabinet or a committee of the Cabinet of the Commonwealth or of a State or a Territory; or\n- (c) provide information, give evidence or produce a document that would disclose the deliberations of the Cabinet or a committee of the Cabinet of the Commonwealth or of a State or a Territory.\n- (a) after the AER has commenced proceedings in relation to the matter, other than proceedings for an injunction (whether interim or final); or\n- (b) if proceedings for a final injunction have been commenced by the AER—after the close of pleadings in those proceedings.\n- (a) using any information, evidence or document acquired under this section in any proceedings if the information, evidence or document has been obtained before the commencement of those proceedings; or\n- (b) exercising a power under this section for a purpose other than for the purposes of proceedings referred to in that subsection.\n- (aa) the number of notices given under this section for the purposes of a function under Division 1AA ;\n- (a) the number of notices (if any) given under subsection (2) (c) during the reporting period to appear to provide information or to give evidence orally;\n- (b) in relation to a notice under paragraph (a) —a general description of the nature of the matter or matters in respect of which the notice was given;\n- (c) the number of proceedings (if any) commenced during the reporting period to challenge a notice given under subsection (2) (c) to appear to provide information or to give evidence orally.\n- (a) threaten, intimidate or coerce another person; or\n- (b) cause or procure damage, loss or disadvantage to another person,\n- (c) proposes to provide information, give evidence or produce a document in response to a notice under this section; or\n- (d) proposes to appear, or has appeared, in response to a notice under this section.","sortOrder":118},{"sectionNumber":"ch.2-pt.1-div.4","sectionType":"division","heading":"Regulatory information notices, general regulatory information orders and price information orders","content":"## Regulatory information notices, general regulatory information orders and price information orders","sortOrder":119},{"sectionNumber":"sec.43","sectionType":"section","heading":"Definitions","content":"### sec.43 Definitions\n\nIn this Division—\ncontributing service has the meaning given by section 44 ;\nscheme pipeline service provider ...\ns 43 def scheme pipeline service provider om 2022 No. 21 (SA) s 33 (2)\nrelated provider means a person who supplies a contributing service to a service provider.\ns 43 def related provider amd 2022 No. 21 (SA) s 33 (1)","sortOrder":120},{"sectionNumber":"sec.44","sectionType":"section","heading":"Meaning of contributing service","content":"### sec.44 Meaning of contributing service\n\nA contributing service is a service that the AER, in accordance with this section, decides is a service that contributes in a material way to the provision of a pipeline service by a service provider.\nIn deciding whether a service is a service that contributes in a material way to the provision of a pipeline service by a service provider, the AER must have regard to—\nthe nature and kind of the service;\nwhen the service was first supplied;\nthe nature and extent of the contribution of the service relative to—\nthe pipeline service; and\nall other services supplied by the service provider;\nwhether the service was previously supplied—\nby the service provider; or\ndirectly or indirectly by an associate of the service provider;\nwhether the service, together with other services, contributes in a material way to the provision of pipeline services;\nany other matter specified under the Rules.\ns 44 amd 2022 No. 21 (SA) s 34\n(sec.44-ssec.1) A contributing service is a service that the AER, in accordance with this section, decides is a service that contributes in a material way to the provision of a pipeline service by a service provider.\n(sec.44-ssec.2) In deciding whether a service is a service that contributes in a material way to the provision of a pipeline service by a service provider, the AER must have regard to— the nature and kind of the service; when the service was first supplied; the nature and extent of the contribution of the service relative to— the pipeline service; and all other services supplied by the service provider; whether the service was previously supplied— by the service provider; or directly or indirectly by an associate of the service provider; whether the service, together with other services, contributes in a material way to the provision of pipeline services; any other matter specified under the Rules.\n- (a) the nature and kind of the service;\n- (b) when the service was first supplied;\n- (c) the nature and extent of the contribution of the service relative to— (i) the pipeline service; and (ii) all other services supplied by the service provider;\n- (i) the pipeline service; and\n- (ii) all other services supplied by the service provider;\n- (d) whether the service was previously supplied— (i) by the service provider; or (ii) directly or indirectly by an associate of the service provider;\n- (i) by the service provider; or\n- (ii) directly or indirectly by an associate of the service provider;\n- (e) whether the service, together with other services, contributes in a material way to the provision of pipeline services;\n- (f) any other matter specified under the Rules.\n- (i) the pipeline service; and\n- (ii) all other services supplied by the service provider;\n- (i) by the service provider; or\n- (ii) directly or indirectly by an associate of the service provider;","sortOrder":121},{"sectionNumber":"sec.45","sectionType":"section","heading":"Meaning of general regulatory information order","content":"### sec.45 Meaning of general regulatory information order\n\nA general regulatory information order is an order made by the AER in accordance with this Division that requires each service provider of a specified class, or each related provider of a specified class, to do either or both of the following:\nprovide to the AER the information specified in the order;\nprepare, maintain or keep information specified in the notice in a manner and form specified in the order.\nA general regulatory information order does not include an order that is made as a price information order.\ns 45 amd 2022 No. 3 (SA) s 8 ; 2022 No. 21 (SA) s 35\n(sec.45-ssec.1) A general regulatory information order is an order made by the AER in accordance with this Division that requires each service provider of a specified class, or each related provider of a specified class, to do either or both of the following: provide to the AER the information specified in the order; prepare, maintain or keep information specified in the notice in a manner and form specified in the order.\n(sec.45-ssec.2) A general regulatory information order does not include an order that is made as a price information order.\n- (a) provide to the AER the information specified in the order;\n- (b) prepare, maintain or keep information specified in the notice in a manner and form specified in the order.","sortOrder":122},{"sectionNumber":"sec.46","sectionType":"section","heading":"Meaning of regulatory information notice","content":"### sec.46 Meaning of regulatory information notice\n\nA regulatory information notice is a notice prepared and served by the AER in accordance with this Division that requires the service provider, or a related provider, named in the notice to do either or both of the following:\nprovide to the AER the information specified in the notice;\nprepare, maintain or keep information specified in the notice in a manner and form specified in the notice.\nA regulatory information notice does not include an order that is made as a price information order.\ns 46 amd 2022 No. 3 (SA) s 9 ; 2022 No. 21 (SA) s 36\n(sec.46-ssec.1) A regulatory information notice is a notice prepared and served by the AER in accordance with this Division that requires the service provider, or a related provider, named in the notice to do either or both of the following: provide to the AER the information specified in the notice; prepare, maintain or keep information specified in the notice in a manner and form specified in the notice.\n(sec.46-ssec.2) A regulatory information notice does not include an order that is made as a price information order.\n- (a) provide to the AER the information specified in the notice;\n- (b) prepare, maintain or keep information specified in the notice in a manner and form specified in the notice.","sortOrder":123},{"sectionNumber":"sec.46A","sectionType":"section","heading":"Meaning of price information order","content":"### sec.46A Meaning of price information order\n\nA price information order is an order made by the AER in accordance with this Division that requires a person of a specified class to provide to the AER information—\nthat relates to the AER gas price reporting functions; and\nthat is specified in the order.\nThe order may require a person to whom the order relates to prepare, maintain or keep information specified in the order in a manner and form specified in the order.\ns 46A ins 2022 No. 3 (SA) s 10\n(sec.46A-ssec.1) A price information order is an order made by the AER in accordance with this Division that requires a person of a specified class to provide to the AER information— that relates to the AER gas price reporting functions; and that is specified in the order.\n(sec.46A-ssec.2) The order may require a person to whom the order relates to prepare, maintain or keep information specified in the order in a manner and form specified in the order.\n- (a) that relates to the AER gas price reporting functions; and\n- (b) that is specified in the order.","sortOrder":124},{"sectionNumber":"sec.47","sectionType":"section","heading":"Division does not limit operation of information gathering powers under Division 3","content":"### sec.47 Division does not limit operation of information gathering powers under Division 3\n\nThis Division does not limit the operation of Division 3 .","sortOrder":125},{"sectionNumber":"sec.48","sectionType":"section","heading":"Service and making of regulatory information instrument","content":"### sec.48 Service and making of regulatory information instrument\n\nSubject to this Division, the AER, if it considers it reasonably necessary for the performance or exercise of its functions or powers under this Law or the Rules, may—\nserve a regulatory information notice on a service provider or a related provider; or\nmake a general regulatory information order.\nIn considering whether it is reasonably necessary to serve a regulatory information notice, or make a general regulatory information order, the AER must have regard to—\nthe matter to be addressed by—\nthe service of the regulatory information notice; or\nthe making of the general regulatory information order; and\nthe likely costs that may be incurred by an efficient service provider or efficient related provider in complying with the notice or order.\nThe AER must also exercise its powers under this section in a manner that will or is likely to contribute to the achievement of the national gas objective: see section 28 .\nSubject to this Division, the AER, if it considers it reasonably necessary for the performance of its AER gas price reporting functions, may make a price information order.\nA regulatory information notice must not be served, or a general regulatory information order or a price information order must not be made, solely for the purpose of—\ninvestigating breaches or possible breaches of provisions of this Law, the Regulations or the Rules, including offences against this Law; or\ninstituting and conducting proceedings in relation to breaches of provisions of this Law, the Regulations or the Rules, including offences against this Law; or\ninstituting and conducting appeals from decisions in proceedings referred to in paragraph (b) ; or\nany application for review of a decision of the AER under Chapter 8 Part 5 .\ns 48 amd 2016 No. 55 (SA) s 12 ; 2022 No. 3 (SA) s 11 ; 2022 No. 21 (SA) s 37\n(sec.48-ssec.1) Subject to this Division, the AER, if it considers it reasonably necessary for the performance or exercise of its functions or powers under this Law or the Rules, may— serve a regulatory information notice on a service provider or a related provider; or make a general regulatory information order.\n(sec.48-ssec.2) In considering whether it is reasonably necessary to serve a regulatory information notice, or make a general regulatory information order, the AER must have regard to— the matter to be addressed by— the service of the regulatory information notice; or the making of the general regulatory information order; and the likely costs that may be incurred by an efficient service provider or efficient related provider in complying with the notice or order. The AER must also exercise its powers under this section in a manner that will or is likely to contribute to the achievement of the national gas objective: see section 28 .\n(sec.48-ssec.2a) Subject to this Division, the AER, if it considers it reasonably necessary for the performance of its AER gas price reporting functions, may make a price information order.\n(sec.48-ssec.3) A regulatory information notice must not be served, or a general regulatory information order or a price information order must not be made, solely for the purpose of— investigating breaches or possible breaches of provisions of this Law, the Regulations or the Rules, including offences against this Law; or instituting and conducting proceedings in relation to breaches of provisions of this Law, the Regulations or the Rules, including offences against this Law; or instituting and conducting appeals from decisions in proceedings referred to in paragraph (b) ; or any application for review of a decision of the AER under Chapter 8 Part 5 .\n- (a) serve a regulatory information notice on a service provider or a related provider; or\n- (b) make a general regulatory information order.\n- (a) the matter to be addressed by— (i) the service of the regulatory information notice; or (ii) the making of the general regulatory information order; and\n- (i) the service of the regulatory information notice; or\n- (ii) the making of the general regulatory information order; and\n- (b) the likely costs that may be incurred by an efficient service provider or efficient related provider in complying with the notice or order.\n- (i) the service of the regulatory information notice; or\n- (ii) the making of the general regulatory information order; and\n- (a) investigating breaches or possible breaches of provisions of this Law, the Regulations or the Rules, including offences against this Law; or\n- (b) instituting and conducting proceedings in relation to breaches of provisions of this Law, the Regulations or the Rules, including offences against this Law; or\n- (c) instituting and conducting appeals from decisions in proceedings referred to in paragraph (b) ; or\n- (e) any application for review of a decision of the AER under Chapter 8 Part 5 .","sortOrder":126},{"sectionNumber":"sec.49","sectionType":"section","heading":"Additional matters to be considered for related provider regulatory information instruments","content":"### sec.49 Additional matters to be considered for related provider regulatory information instruments\n\nThis section applies if the AER is intending to—\nserve a regulatory information notice on a related provider; or\nmake a general regulatory information order that will apply to a class of related providers.\nIn addition to the matters set out in section 48 (2) , the AER, in considering whether it is reasonably necessary to serve the regulatory information notice, or make the general regulatory information order, must have regard to—\nwhether the service provider being supplied a contributing service by the related provider or related providers to which the intended regulatory information instrument will apply can—\nprovide the information to be specified in that instrument; or\nprepare, maintain or keep the information to be specified in the particular manner and form to be specified in that instrument; and\nthe extent to which the related provider or related providers to which the intended regulatory information instrument will apply is, or are, supplying a contributing service on a genuinely competitive basis; and\nthe nature of any ownership or control between—\nthe service provider being supplied a contributing service by a related provider to which the intended regulatory information instrument will apply; and\nthat related provider; and\nthe nature of any ownership or control as between different related providers supplying the contributing service to the service provider; and\nany other matter the AER considers relevant.\nFor the purposes of subsection (2) (b) , in considering whether a contributing service is being supplied on a genuinely competitive basis, the AER may take into account—\nwhether there is effective competition in the market for the supply of the contributing service; and\nwhether the related provider supplies the contributing service to a service provider under a contract, arrangement or understanding entered into with that service provider following a competitive process for the awarding of the right to enter into that contract, arrangement or understanding involving persons who were not associates of the service provider.\ns 49 amd 2022 No. 21 (SA) s 38\n(sec.49-ssec.1) This section applies if the AER is intending to— serve a regulatory information notice on a related provider; or make a general regulatory information order that will apply to a class of related providers.\n(sec.49-ssec.2) In addition to the matters set out in section 48 (2) , the AER, in considering whether it is reasonably necessary to serve the regulatory information notice, or make the general regulatory information order, must have regard to— whether the service provider being supplied a contributing service by the related provider or related providers to which the intended regulatory information instrument will apply can— provide the information to be specified in that instrument; or prepare, maintain or keep the information to be specified in the particular manner and form to be specified in that instrument; and the extent to which the related provider or related providers to which the intended regulatory information instrument will apply is, or are, supplying a contributing service on a genuinely competitive basis; and the nature of any ownership or control between— the service provider being supplied a contributing service by a related provider to which the intended regulatory information instrument will apply; and that related provider; and the nature of any ownership or control as between different related providers supplying the contributing service to the service provider; and any other matter the AER considers relevant.\n(sec.49-ssec.3) For the purposes of subsection (2) (b) , in considering whether a contributing service is being supplied on a genuinely competitive basis, the AER may take into account— whether there is effective competition in the market for the supply of the contributing service; and whether the related provider supplies the contributing service to a service provider under a contract, arrangement or understanding entered into with that service provider following a competitive process for the awarding of the right to enter into that contract, arrangement or understanding involving persons who were not associates of the service provider.\n- (a) serve a regulatory information notice on a related provider; or\n- (b) make a general regulatory information order that will apply to a class of related providers.\n- (a) whether the service provider being supplied a contributing service by the related provider or related providers to which the intended regulatory information instrument will apply can— (i) provide the information to be specified in that instrument; or (ii) prepare, maintain or keep the information to be specified in the particular manner and form to be specified in that instrument; and\n- (i) provide the information to be specified in that instrument; or\n- (ii) prepare, maintain or keep the information to be specified in the particular manner and form to be specified in that instrument; and\n- (b) the extent to which the related provider or related providers to which the intended regulatory information instrument will apply is, or are, supplying a contributing service on a genuinely competitive basis; and\n- (c) the nature of any ownership or control between— (i) the service provider being supplied a contributing service by a related provider to which the intended regulatory information instrument will apply; and (ii) that related provider; and\n- (i) the service provider being supplied a contributing service by a related provider to which the intended regulatory information instrument will apply; and\n- (ii) that related provider; and\n- (d) the nature of any ownership or control as between different related providers supplying the contributing service to the service provider; and\n- (e) any other matter the AER considers relevant.\n- (i) provide the information to be specified in that instrument; or\n- (ii) prepare, maintain or keep the information to be specified in the particular manner and form to be specified in that instrument; and\n- (i) the service provider being supplied a contributing service by a related provider to which the intended regulatory information instrument will apply; and\n- (ii) that related provider; and\n- (a) whether there is effective competition in the market for the supply of the contributing service; and\n- (b) whether the related provider supplies the contributing service to a service provider under a contract, arrangement or understanding entered into with that service provider following a competitive process for the awarding of the right to enter into that contract, arrangement or understanding involving persons who were not associates of the service provider.","sortOrder":127},{"sectionNumber":"sec.50","sectionType":"section","heading":"AER must consult before publishing an order","content":"### sec.50 AER must consult before publishing an order\n\nThe AER must, in accordance with the Rules, consult with the public on the general regulatory information order or the price information order it intends to make before it makes that order.\nSee also section 65 about what the AER must and may do after receiving submissions.\ns 50 amd 2022 No. 3 (SA) s 12","sortOrder":128},{"sectionNumber":"sec.51","sectionType":"section","heading":"Publication requirements for orders","content":"### sec.51 Publication requirements for orders\n\nAs soon as practicable after making a general regulatory information order or a price information order, the AER must—\npublish the order on the AER’s website; and\narrange for notice of the making of the order to be published in the South Australian Government Gazette.\ns 51 amd 2021 No. 3 (SA) s 37\nsub 2022 No. 3 (SA) s 51\n- (a) publish the order on the AER’s website; and\n- (b) arrange for notice of the making of the order to be published in the South Australian Government Gazette.","sortOrder":129},{"sectionNumber":"sec.52","sectionType":"section","heading":"Opportunity to be heard before regulatory information notice is served","content":"### sec.52 Opportunity to be heard before regulatory information notice is served\n\nThe AER, before serving a regulatory information notice, must—\nnotify, in writing, the service provider, or the related provider, on whom the AER intends to serve the regulatory information notice of its intention to do so; and\ngive the service provider, or the related provider, a draft of the regulatory information notice it intends to serve.\nIf the regulatory information notice to be served is an urgent notice, the AER must, in a notice under subsection (1) —\nidentify the regulatory information notice to be served as an urgent notice; and\ngive its reasons, in writing, why the regulatory information notice to be served is an urgent notice.\nA regulatory information notice is an urgent notice if—\nunder the notice the AER will require the service provider or related provider to provide information to the AER; and\nthat requirement has arisen because the AER considers it must deal with or address a particular matter or thing in order for it to make an AER economic regulatory decision or a rate of return instrument; and\nthe AER considers that, having regard to the time within which it must make that AER economic regulatory decision or rate of return instrument, the time within which the AER requires the information is of the essence.\nA notice under subsection (1) must—\ninvite the service provider, or the related provider, to make written representations to the AER as to whether the AER should serve the regulatory information notice on them; and\nspecify the period within which the service provider, or the related provider, may make the representations.\nThe period that must be specified in accordance with subsection (4) must be—\nin the case of an urgent notice to be served—a period of not less than 5 business days and not more than 10 business days calculated from the date of the notice under subsection (1) ;\nin all other cases—a period of at least 20 business days calculated from the date of the notice under subsection (1) .\nThe AER must consider the written representations made in accordance with a notice under subsection (1) before making its decision in accordance with this Division to serve the regulatory information notice.\ns 52 amd 2018 No. 33 (SA) s 16 ; 2022 No. 21 (SA) s 39\n(sec.52-ssec.1) The AER, before serving a regulatory information notice, must— notify, in writing, the service provider, or the related provider, on whom the AER intends to serve the regulatory information notice of its intention to do so; and give the service provider, or the related provider, a draft of the regulatory information notice it intends to serve.\n(sec.52-ssec.2) If the regulatory information notice to be served is an urgent notice, the AER must, in a notice under subsection (1) — identify the regulatory information notice to be served as an urgent notice; and give its reasons, in writing, why the regulatory information notice to be served is an urgent notice.\n(sec.52-ssec.3) A regulatory information notice is an urgent notice if— under the notice the AER will require the service provider or related provider to provide information to the AER; and that requirement has arisen because the AER considers it must deal with or address a particular matter or thing in order for it to make an AER economic regulatory decision or a rate of return instrument; and the AER considers that, having regard to the time within which it must make that AER economic regulatory decision or rate of return instrument, the time within which the AER requires the information is of the essence.\n(sec.52-ssec.4) A notice under subsection (1) must— invite the service provider, or the related provider, to make written representations to the AER as to whether the AER should serve the regulatory information notice on them; and specify the period within which the service provider, or the related provider, may make the representations.\n(sec.52-ssec.5) The period that must be specified in accordance with subsection (4) must be— in the case of an urgent notice to be served—a period of not less than 5 business days and not more than 10 business days calculated from the date of the notice under subsection (1) ; in all other cases—a period of at least 20 business days calculated from the date of the notice under subsection (1) .\n(sec.52-ssec.6) The AER must consider the written representations made in accordance with a notice under subsection (1) before making its decision in accordance with this Division to serve the regulatory information notice.\n- (a) notify, in writing, the service provider, or the related provider, on whom the AER intends to serve the regulatory information notice of its intention to do so; and\n- (b) give the service provider, or the related provider, a draft of the regulatory information notice it intends to serve.\n- (a) identify the regulatory information notice to be served as an urgent notice; and\n- (b) give its reasons, in writing, why the regulatory information notice to be served is an urgent notice.\n- (a) under the notice the AER will require the service provider or related provider to provide information to the AER; and\n- (b) that requirement has arisen because the AER considers it must deal with or address a particular matter or thing in order for it to make an AER economic regulatory decision or a rate of return instrument; and\n- (c) the AER considers that, having regard to the time within which it must make that AER economic regulatory decision or rate of return instrument, the time within which the AER requires the information is of the essence.\n- (a) invite the service provider, or the related provider, to make written representations to the AER as to whether the AER should serve the regulatory information notice on them; and\n- (b) specify the period within which the service provider, or the related provider, may make the representations.\n- (a) in the case of an urgent notice to be served—a period of not less than 5 business days and not more than 10 business days calculated from the date of the notice under subsection (1) ;\n- (b) in all other cases—a period of at least 20 business days calculated from the date of the notice under subsection (1) .","sortOrder":130},{"sectionNumber":"sec.53","sectionType":"section","heading":"Form and content of regulatory information instrument","content":"### sec.53 Form and content of regulatory information instrument\n\nA regulatory information instrument—\nmust specify the information required to be—\nprovided to the AER;\nprepared, maintained or kept in the particular manner and form specified in the instrument; and\nmay specify the manner and form in which the information described in the instrument is required to be—\nprovided to the AER;\nprepared, maintained or kept; and\nexcept in the case of a price information order, must state the reasons of the AER for requiring the information described in the instrument to be—\nprovided to the AER;\nprepared, maintained or kept in the particular manner and form specified in the instrument; and\nin the case of an instrument requiring information to be provided to the AER, must specify when the information must be provided.\nIn the case of a regulatory information notice, the notice must name the service provider or the related provider to whom it applies.\nIn the case of a general regulatory information order or a price information order, the order must specify the class of persons to whom the order applies.\ns 53 amd 2022 No. 3 (SA) s 14 ; 2022 No. 21 (SA) s 40\n(sec.53-ssec.1) A regulatory information instrument— must specify the information required to be— provided to the AER; prepared, maintained or kept in the particular manner and form specified in the instrument; and may specify the manner and form in which the information described in the instrument is required to be— provided to the AER; prepared, maintained or kept; and except in the case of a price information order, must state the reasons of the AER for requiring the information described in the instrument to be— provided to the AER; prepared, maintained or kept in the particular manner and form specified in the instrument; and in the case of an instrument requiring information to be provided to the AER, must specify when the information must be provided.\n(sec.53-ssec.2) In the case of a regulatory information notice, the notice must name the service provider or the related provider to whom it applies.\n(sec.53-ssec.3) In the case of a general regulatory information order or a price information order, the order must specify the class of persons to whom the order applies.\n- (a) must specify the information required to be— (i) provided to the AER; (ii) prepared, maintained or kept in the particular manner and form specified in the instrument; and\n- (i) provided to the AER;\n- (ii) prepared, maintained or kept in the particular manner and form specified in the instrument; and\n- (b) may specify the manner and form in which the information described in the instrument is required to be— (i) provided to the AER; (ii) prepared, maintained or kept; and\n- (i) provided to the AER;\n- (ii) prepared, maintained or kept; and\n- (c) except in the case of a price information order, must state the reasons of the AER for requiring the information described in the instrument to be— (i) provided to the AER; (ii) prepared, maintained or kept in the particular manner and form specified in the instrument; and\n- (i) provided to the AER;\n- (ii) prepared, maintained or kept in the particular manner and form specified in the instrument; and\n- (d) in the case of an instrument requiring information to be provided to the AER, must specify when the information must be provided.\n- (i) provided to the AER;\n- (ii) prepared, maintained or kept in the particular manner and form specified in the instrument; and\n- (i) provided to the AER;\n- (ii) prepared, maintained or kept; and\n- (i) provided to the AER;\n- (ii) prepared, maintained or kept in the particular manner and form specified in the instrument; and","sortOrder":131},{"sectionNumber":"sec.54","sectionType":"section","heading":"Further provision about the information that may be described in a regulatory information instrument","content":"### sec.54 Further provision about the information that may be described in a regulatory information instrument\n\nWithout limiting section 53 (1) (a) , the information that may be required to be provided to the AER, or to be prepared, maintained or kept, may include—\nhistoric, current and forecast information (including financial information);\ninformation that is or may be derived from other information in the possession or control of the person to whom the instrument applies;\ninformation to enable the AER to verify whether the service provider to whom the instrument applies is or has been complying with Chapter 4 ;\ninformation to enable the AER to verify compliance with any requirements for the allocation of costs between covered gas services under—\nthe Rules; or\nan applicable access arrangement.\nSubsection (1) (c) and (d) do not apply in relation to a price information order.\ns 54 amd 2022 No. 3 (SA) s 15 ; 2022 No. 21 (SA) s 41 ; 2023 No. 36 (SA) s 20\n(sec.54-ssec.1) Without limiting section 53 (1) (a) , the information that may be required to be provided to the AER, or to be prepared, maintained or kept, may include— historic, current and forecast information (including financial information); information that is or may be derived from other information in the possession or control of the person to whom the instrument applies; information to enable the AER to verify whether the service provider to whom the instrument applies is or has been complying with Chapter 4 ; information to enable the AER to verify compliance with any requirements for the allocation of costs between covered gas services under— the Rules; or an applicable access arrangement.\n(sec.54-ssec.2) Subsection (1) (c) and (d) do not apply in relation to a price information order.\n- (a) historic, current and forecast information (including financial information);\n- (b) information that is or may be derived from other information in the possession or control of the person to whom the instrument applies;\n- (c) information to enable the AER to verify whether the service provider to whom the instrument applies is or has been complying with Chapter 4 ;\n- (d) information to enable the AER to verify compliance with any requirements for the allocation of costs between covered gas services under— (i) the Rules; or (ii) an applicable access arrangement.\n- (i) the Rules; or\n- (ii) an applicable access arrangement.\n- (i) the Rules; or\n- (ii) an applicable access arrangement.","sortOrder":132},{"sectionNumber":"sec.55","sectionType":"section","heading":"Further provision about manner in which information must be provided to AER or kept","content":"### sec.55 Further provision about manner in which information must be provided to AER or kept\n\nWithout limiting section 53 (1) (b) , a regulatory information instrument may require that the information specified in the instrument—\nbe provided to the AER, or prepared, maintained or kept, on an annual basis or some other basis, including on the occurrence of a specified event or state of affairs;\nbe provided to the AER, or prepared, maintained or kept, in accordance with specified Rules;\nbe provided to the AER, or prepared, maintained or kept, in accordance with any document, code, standard, rule, specification or method formulated, issued, prescribed or published by the AER or any person, authority or body whether—\nwholly or partially or as amended by the instrument; or\nas formulated, issued, prescribed or published at the time the instrument is served or published or at any time before the instrument is served or published; or\nas amended from time to time;\nThe AER may require a service provider to provide information in a form and manner that complies with relevant accounting standards.\nbe verified by way of statutory declaration by an officer of the person to whom the instrument applies;\nbe audited—\nby a class of person specified in the instrument before it is provided to the AER; and\nat the expense of the person to whom the instrument applies.\ns 55 amd 2009 No. 30 (SA) s 12 ; 2022 No. 3 (SA) s 16\n- (a) be provided to the AER, or prepared, maintained or kept, on an annual basis or some other basis, including on the occurrence of a specified event or state of affairs;\n- (b) be provided to the AER, or prepared, maintained or kept, in accordance with specified Rules;\n- (c) be provided to the AER, or prepared, maintained or kept, in accordance with any document, code, standard, rule, specification or method formulated, issued, prescribed or published by the AER or any person, authority or body whether— (i) wholly or partially or as amended by the instrument; or (ii) as formulated, issued, prescribed or published at the time the instrument is served or published or at any time before the instrument is served or published; or (iii) as amended from time to time; Example— The AER may require a service provider to provide information in a form and manner that complies with relevant accounting standards.\n- (i) wholly or partially or as amended by the instrument; or\n- (ii) as formulated, issued, prescribed or published at the time the instrument is served or published or at any time before the instrument is served or published; or\n- (iii) as amended from time to time;\n- (d) be verified by way of statutory declaration by an officer of the person to whom the instrument applies;\n- (e) be audited— (i) by a class of person specified in the instrument before it is provided to the AER; and (ii) at the expense of the person to whom the instrument applies.\n- (i) by a class of person specified in the instrument before it is provided to the AER; and\n- (ii) at the expense of the person to whom the instrument applies.\n- (i) wholly or partially or as amended by the instrument; or\n- (ii) as formulated, issued, prescribed or published at the time the instrument is served or published or at any time before the instrument is served or published; or\n- (iii) as amended from time to time;\n- (i) by a class of person specified in the instrument before it is provided to the AER; and\n- (ii) at the expense of the person to whom the instrument applies.","sortOrder":133},{"sectionNumber":"sec.56","sectionType":"section","heading":"Compliance with regulatory information notice that is served","content":"### sec.56 Compliance with regulatory information notice that is served\n\nOn being served a regulatory information notice, a person named in the notice must comply with the notice.","sortOrder":134},{"sectionNumber":"sec.57","sectionType":"section","heading":"Compliance with order","content":"### sec.57 Compliance with order\n\nOn publication of a general regulatory information order or a price information order in accordance with section 51 , a person who is a member of the class of persons to which the order applies must comply with the order.\nSubsection (1) does not apply to a person who has been given an exemption under section 58 .\ns 57 amd 2022 No. 3 (SA) s 17\n(sec.57-ssec.1) On publication of a general regulatory information order or a price information order in accordance with section 51 , a person who is a member of the class of persons to which the order applies must comply with the order.\n(sec.57-ssec.2) Subsection (1) does not apply to a person who has been given an exemption under section 58 .","sortOrder":135},{"sectionNumber":"sec.57A","sectionType":"section","heading":"Confidentiality issues","content":"### sec.57A Confidentiality issues\n\nIf a person wishes, in complying with a regulatory information instrument, to give information to the AER in confidence, the person must, when the information is given to the AER—\nmake a claim of confidentiality; and\nprovide reasons in support of the claim, which must include—\ninformation about any detriment that might be caused to the person if the information were to be disclosed by the AER; and\ninformation—\nthat is reasonably within the person’s knowledge and capacity to give; and\nthat may be relevant to the AER’s consideration under section 329 of whether such detriment may be considered as outweighing the public benefit in disclosing the information.\nA person may, in providing reasons in support of a claim under subsection (1) in respect of information received from another person (a third party ), include information—\nthat is reasonably within the person’s knowledge and capacity to give; and\nthat—\nis about any detriment that might be caused to the third party if the information were to be disclosed by the AER; and\nmay be relevant to the AER’s consideration under section 329 of whether such detriment may be considered as outweighing the public benefit in disclosing the information.\nA person must, in acting under subsection (1) , specifically identify the information in relation to which the claim is made.\nInformation given to the AER in compliance with a regulatory information instrument is not to be regarded as being given to the AER in confidence (or to be confidential in any other respect) unless it is subject to an express claim of confidentiality made in accordance with this section.\nThis section does not apply in relation to a price information order.\ns 57A ins 2016 No. 55 (SA) s 13\namd 2022 No. 3 (SA) s 18\n(sec.57A-ssec.1) If a person wishes, in complying with a regulatory information instrument, to give information to the AER in confidence, the person must, when the information is given to the AER— make a claim of confidentiality; and provide reasons in support of the claim, which must include— information about any detriment that might be caused to the person if the information were to be disclosed by the AER; and information— that is reasonably within the person’s knowledge and capacity to give; and that may be relevant to the AER’s consideration under section 329 of whether such detriment may be considered as outweighing the public benefit in disclosing the information.\n(sec.57A-ssec.2) A person may, in providing reasons in support of a claim under subsection (1) in respect of information received from another person (a third party ), include information— that is reasonably within the person’s knowledge and capacity to give; and that— is about any detriment that might be caused to the third party if the information were to be disclosed by the AER; and may be relevant to the AER’s consideration under section 329 of whether such detriment may be considered as outweighing the public benefit in disclosing the information.\n(sec.57A-ssec.3) A person must, in acting under subsection (1) , specifically identify the information in relation to which the claim is made.\n(sec.57A-ssec.4) Information given to the AER in compliance with a regulatory information instrument is not to be regarded as being given to the AER in confidence (or to be confidential in any other respect) unless it is subject to an express claim of confidentiality made in accordance with this section.\n(sec.57A-ssec.5) This section does not apply in relation to a price information order.\n- (a) make a claim of confidentiality; and\n- (b) provide reasons in support of the claim, which must include— (i) information about any detriment that might be caused to the person if the information were to be disclosed by the AER; and (ii) information— (A) that is reasonably within the person’s knowledge and capacity to give; and (B) that may be relevant to the AER’s consideration under section 329 of whether such detriment may be considered as outweighing the public benefit in disclosing the information.\n- (i) information about any detriment that might be caused to the person if the information were to be disclosed by the AER; and\n- (ii) information— (A) that is reasonably within the person’s knowledge and capacity to give; and (B) that may be relevant to the AER’s consideration under section 329 of whether such detriment may be considered as outweighing the public benefit in disclosing the information.\n- (A) that is reasonably within the person’s knowledge and capacity to give; and\n- (B) that may be relevant to the AER’s consideration under section 329 of whether such detriment may be considered as outweighing the public benefit in disclosing the information.\n- (i) information about any detriment that might be caused to the person if the information were to be disclosed by the AER; and\n- (ii) information— (A) that is reasonably within the person’s knowledge and capacity to give; and (B) that may be relevant to the AER’s consideration under section 329 of whether such detriment may be considered as outweighing the public benefit in disclosing the information.\n- (A) that is reasonably within the person’s knowledge and capacity to give; and\n- (B) that may be relevant to the AER’s consideration under section 329 of whether such detriment may be considered as outweighing the public benefit in disclosing the information.\n- (A) that is reasonably within the person’s knowledge and capacity to give; and\n- (B) that may be relevant to the AER’s consideration under section 329 of whether such detriment may be considered as outweighing the public benefit in disclosing the information.\n- (a) that is reasonably within the person’s knowledge and capacity to give; and\n- (b) that— (i) is about any detriment that might be caused to the third party if the information were to be disclosed by the AER; and (ii) may be relevant to the AER’s consideration under section 329 of whether such detriment may be considered as outweighing the public benefit in disclosing the information.\n- (i) is about any detriment that might be caused to the third party if the information were to be disclosed by the AER; and\n- (ii) may be relevant to the AER’s consideration under section 329 of whether such detriment may be considered as outweighing the public benefit in disclosing the information.\n- (i) is about any detriment that might be caused to the third party if the information were to be disclosed by the AER; and\n- (ii) may be relevant to the AER’s consideration under section 329 of whether such detriment may be considered as outweighing the public benefit in disclosing the information.","sortOrder":136},{"sectionNumber":"sec.57B","sectionType":"section","heading":"Disclosure of information given to AER in compliance with regulatory information instrument","content":"### sec.57B Disclosure of information given to AER in compliance with regulatory information instrument\n\nThe AER, in relation to information given to the AER in compliance with a regulatory information instrument, other than a price information order, is authorised to—\nif no claim of confidentiality has been made in accordance with section 57A in relation to the information, disclose the information;\nif a claim of confidentiality has been made in accordance with section 57A in relation to the information, disclose the information in accordance with Chapter 10 Part 2 Division 1 .\nThe AER, in relation to information given to the AER in compliance with a price information order, is to treat the information as having been given to it in confidence and is authorised to disclose the information in accordance with Chapter 10 Part 2 Division 1 .\ns 57B ins 2016 No. 55 (SA) s 13\namd 2022 No. 3 (SA) s 19\n(sec.57B-ssec.1) The AER, in relation to information given to the AER in compliance with a regulatory information instrument, other than a price information order, is authorised to— if no claim of confidentiality has been made in accordance with section 57A in relation to the information, disclose the information; if a claim of confidentiality has been made in accordance with section 57A in relation to the information, disclose the information in accordance with Chapter 10 Part 2 Division 1 .\n(sec.57B-ssec.2) The AER, in relation to information given to the AER in compliance with a price information order, is to treat the information as having been given to it in confidence and is authorised to disclose the information in accordance with Chapter 10 Part 2 Division 1 .\n- (a) if no claim of confidentiality has been made in accordance with section 57A in relation to the information, disclose the information;\n- (b) if a claim of confidentiality has been made in accordance with section 57A in relation to the information, disclose the information in accordance with Chapter 10 Part 2 Division 1 .","sortOrder":137},{"sectionNumber":"sec.58","sectionType":"section","heading":"Exemptions from compliance with general regulatory information order or price information order","content":"### sec.58 Exemptions from compliance with general regulatory information order or price information order\n\nThe AER may exempt a person, or a class of person, from complying with section 57 —\nunconditionally or on specified conditions; or\nwholly or to the extent as is specified in the exemption.\nAn exemption under this section must be in writing.\ns 58 amd 2022 No. 3 (SA) s 20\n(sec.58-ssec.1) The AER may exempt a person, or a class of person, from complying with section 57 — unconditionally or on specified conditions; or wholly or to the extent as is specified in the exemption.\n(sec.58-ssec.2) An exemption under this section must be in writing.\n- (a) unconditionally or on specified conditions; or\n- (b) wholly or to the extent as is specified in the exemption.","sortOrder":138},{"sectionNumber":"sec.59","sectionType":"section","heading":"Assumptions where there is non-compliance with regulatory information instrument","content":"### sec.59 Assumptions where there is non-compliance with regulatory information instrument\n\nThis section applies if—\nunder a regulatory information instrument the AER—\nrequires a service provider to provide information to the AER for the purpose of enabling the AER to make an AER economic regulatory decision relating to the service provider or to make a rate of return instrument; or\nrequires a related provider to provide information to the AER that is relevant to the making of an AER economic regulatory decision relating to a service provider or the making of a rate of return instrument; and\nthe service provider or related provider—\ndoes not provide the information to the AER in accordance with the applicable regulatory information instrument; or\nprovides information that is insufficient (when compared to what was requested under the applicable regulatory information instrument).\nWithout limiting sections 56 and 57 and despite anything to the contrary in this Law or the Rules, the AER—\nmay make the AER economic regulatory decision or the rate of return instrument on the basis of the information the AER has at the time it makes that decision or instrument; and\nin making that decision or instrument, may make reasonable assumptions (including assumptions adverse to the interests of the service provider) in respect of the matters the information required under the regulatory information instrument would have addressed had that information been provided as required.\nThis section does not apply in relation to a price information order.\ns 59 amd 2018 No. 33 (SA) s 17 ; 2022 No. 3 (SA) s 21 ; 2022 No. 21 (SA) s 42\n(sec.59-ssec.1) This section applies if— under a regulatory information instrument the AER— requires a service provider to provide information to the AER for the purpose of enabling the AER to make an AER economic regulatory decision relating to the service provider or to make a rate of return instrument; or requires a related provider to provide information to the AER that is relevant to the making of an AER economic regulatory decision relating to a service provider or the making of a rate of return instrument; and the service provider or related provider— does not provide the information to the AER in accordance with the applicable regulatory information instrument; or provides information that is insufficient (when compared to what was requested under the applicable regulatory information instrument).\n(sec.59-ssec.2) Without limiting sections 56 and 57 and despite anything to the contrary in this Law or the Rules, the AER— may make the AER economic regulatory decision or the rate of return instrument on the basis of the information the AER has at the time it makes that decision or instrument; and in making that decision or instrument, may make reasonable assumptions (including assumptions adverse to the interests of the service provider) in respect of the matters the information required under the regulatory information instrument would have addressed had that information been provided as required.\n(sec.59-ssec.3) This section does not apply in relation to a price information order.\n- (a) under a regulatory information instrument the AER— (i) requires a service provider to provide information to the AER for the purpose of enabling the AER to make an AER economic regulatory decision relating to the service provider or to make a rate of return instrument; or (ii) requires a related provider to provide information to the AER that is relevant to the making of an AER economic regulatory decision relating to a service provider or the making of a rate of return instrument; and\n- (i) requires a service provider to provide information to the AER for the purpose of enabling the AER to make an AER economic regulatory decision relating to the service provider or to make a rate of return instrument; or\n- (ii) requires a related provider to provide information to the AER that is relevant to the making of an AER economic regulatory decision relating to a service provider or the making of a rate of return instrument; and\n- (b) the service provider or related provider— (i) does not provide the information to the AER in accordance with the applicable regulatory information instrument; or (ii) provides information that is insufficient (when compared to what was requested under the applicable regulatory information instrument).\n- (i) does not provide the information to the AER in accordance with the applicable regulatory information instrument; or\n- (ii) provides information that is insufficient (when compared to what was requested under the applicable regulatory information instrument).\n- (i) requires a service provider to provide information to the AER for the purpose of enabling the AER to make an AER economic regulatory decision relating to the service provider or to make a rate of return instrument; or\n- (ii) requires a related provider to provide information to the AER that is relevant to the making of an AER economic regulatory decision relating to a service provider or the making of a rate of return instrument; and\n- (i) does not provide the information to the AER in accordance with the applicable regulatory information instrument; or\n- (ii) provides information that is insufficient (when compared to what was requested under the applicable regulatory information instrument).\n- (a) may make the AER economic regulatory decision or the rate of return instrument on the basis of the information the AER has at the time it makes that decision or instrument; and\n- (b) in making that decision or instrument, may make reasonable assumptions (including assumptions adverse to the interests of the service provider) in respect of the matters the information required under the regulatory information instrument would have addressed had that information been provided as required.","sortOrder":139},{"sectionNumber":"sec.60","sectionType":"section","heading":"Providing to AER false and misleading information","content":"### sec.60 Providing to AER false and misleading information\n\nA person must not, in purported compliance with a regulatory information instrument requiring the person to provide information to the AER, provide information to the AER that the person knows is false or misleading in a material particular.\nMaximum penalty:\nin the case of a natural person—$6 300;\nin the case of a body corporate—$31 500.\nSee Schedule 2 clause 47B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.\ns 60 amd 2020 No. 37 (SA) s 53\n- (a) in the case of a natural person—$6 300;\n- (b) in the case of a body corporate—$31 500.","sortOrder":140},{"sectionNumber":"sec.61","sectionType":"section","heading":"Person cannot rely on duty of confidence to avoid compliance with regulatory information instrument","content":"### sec.61 Person cannot rely on duty of confidence to avoid compliance with regulatory information instrument\n\nA person must not refuse to comply with a regulatory information instrument on the ground of any duty of confidence.\nA person incurs, by complying with a regulatory information instrument, no liability for breach of contract, breach of confidence or any other civil wrong.\n(sec.61-ssec.1) A person must not refuse to comply with a regulatory information instrument on the ground of any duty of confidence.\n(sec.61-ssec.2) A person incurs, by complying with a regulatory information instrument, no liability for breach of contract, breach of confidence or any other civil wrong.","sortOrder":141},{"sectionNumber":"sec.62","sectionType":"section","heading":"Legal professional privilege not affected","content":"### sec.62 Legal professional privilege not affected\n\nA regulatory information instrument, and sections 56 and 57 , are not to be taken as requiring a person to—\nprovide to the AER information that is the subject of legal professional privilege; or\nproduce a document to the AER the production of which would disclose information that is the subject of legal professional privilege.\n- (a) provide to the AER information that is the subject of legal professional privilege; or\n- (b) produce a document to the AER the production of which would disclose information that is the subject of legal professional privilege.","sortOrder":142},{"sectionNumber":"sec.63","sectionType":"section","heading":"Protection against self-incrimination","content":"### sec.63 Protection against self-incrimination\n\nIt is a reasonable excuse for a natural person to whom section 56 applies not to comply with a regulatory information notice served on the person requiring the person to provide information to the AER if to do so might tend to incriminate the person, or make the person liable to a criminal penalty, under a law of this jurisdiction or another participating jurisdiction.\nIt is a reasonable excuse for a natural person to whom section 57 applies not to comply with a general regulatory information order or a price information order made requiring the person to provide information to the AER if to do so might tend to incriminate the person, or make the person liable to a criminal penalty, under a law of this jurisdiction or another participating jurisdiction.\ns 63 amd 2022 No. 3 (SA) s 22\n(sec.63-ssec.1) It is a reasonable excuse for a natural person to whom section 56 applies not to comply with a regulatory information notice served on the person requiring the person to provide information to the AER if to do so might tend to incriminate the person, or make the person liable to a criminal penalty, under a law of this jurisdiction or another participating jurisdiction.\n(sec.63-ssec.2) It is a reasonable excuse for a natural person to whom section 57 applies not to comply with a general regulatory information order or a price information order made requiring the person to provide information to the AER if to do so might tend to incriminate the person, or make the person liable to a criminal penalty, under a law of this jurisdiction or another participating jurisdiction.","sortOrder":143},{"sectionNumber":"ch.2-pt.1-div.4A","sectionType":"division","heading":"Monitoring service providers","content":"## Monitoring service providers","sortOrder":144},{"sectionNumber":"sec.63A","sectionType":"section","heading":"AER must monitor service providers’ behaviour","content":"### sec.63A AER must monitor service providers’ behaviour\n\nThe AER must regularly and systematically monitor the following matters:\nthe prices charged by service providers for pipeline services;\nthe non-price terms and conditions for pipeline services;\nthe financial information reported by service providers;\nthe outcomes of access negotiations;\nservice providers’ dealings with associates;\nservice providers’ compliance with ring fencing requirements;\nthe compliance of service providers with other requirements of this Law and the Rules.\ns 63A ins 2022 No. 21 (SA) s 43\n- (a) the prices charged by service providers for pipeline services;\n- (b) the non-price terms and conditions for pipeline services;\n- (c) the financial information reported by service providers;\n- (d) the outcomes of access negotiations;\n- (e) service providers’ dealings with associates;\n- (f) service providers’ compliance with ring fencing requirements;\n- (g) the compliance of service providers with other requirements of this Law and the Rules.","sortOrder":145},{"sectionNumber":"sec.63B","sectionType":"section","heading":"AER must report to MCE","content":"### sec.63B AER must report to MCE\n\nAt least every 2 years, the AER must report to the MCE on its work under this Division for the previous 2 years (the relevant period ).\nThe MCE may issue a direction to the AER requiring the AER to include information in the report about a stated matter that relates to the AER’s performance or exercise of its functions or powers under Chapters 3 to 5 .\nThe report must—\nstate how many service providers the AER monitored during the relevant period for the purposes of this Division; and\nsummarise the information obtained in relation to the matters mentioned in section 63A ; and\nstate how the AER obtained information contained in the report; and\ngive an assessment of the behaviour of service providers in relation to the matters mentioned in section 63A ; and\nstate the extent to which service providers have complied, or failed to comply, with their obligations under this Law, the Regulations and the Rules; and\ninclude any information requested in a direction issued by the MCE under subsection (2) .\nAs soon as practicable after giving a report to the MCE under this section, the AER must publish, on its website, a version of the report that—\ncontains aggregated information about each of the matters mentioned in section 63A ; and\nis not likely to result in the identification of a particular service provider.\ns 63B ins 2022 No. 21 (SA) s 43\n(sec.63B-ssec.1) At least every 2 years, the AER must report to the MCE on its work under this Division for the previous 2 years (the relevant period ).\n(sec.63B-ssec.2) The MCE may issue a direction to the AER requiring the AER to include information in the report about a stated matter that relates to the AER’s performance or exercise of its functions or powers under Chapters 3 to 5 .\n(sec.63B-ssec.3) The report must— state how many service providers the AER monitored during the relevant period for the purposes of this Division; and summarise the information obtained in relation to the matters mentioned in section 63A ; and state how the AER obtained information contained in the report; and give an assessment of the behaviour of service providers in relation to the matters mentioned in section 63A ; and state the extent to which service providers have complied, or failed to comply, with their obligations under this Law, the Regulations and the Rules; and include any information requested in a direction issued by the MCE under subsection (2) .\n(sec.63B-ssec.4) As soon as practicable after giving a report to the MCE under this section, the AER must publish, on its website, a version of the report that— contains aggregated information about each of the matters mentioned in section 63A ; and is not likely to result in the identification of a particular service provider.\n- (a) state how many service providers the AER monitored during the relevant period for the purposes of this Division; and\n- (b) summarise the information obtained in relation to the matters mentioned in section 63A ; and\n- (c) state how the AER obtained information contained in the report; and\n- (d) give an assessment of the behaviour of service providers in relation to the matters mentioned in section 63A ; and\n- (e) state the extent to which service providers have complied, or failed to comply, with their obligations under this Law, the Regulations and the Rules; and\n- (f) include any information requested in a direction issued by the MCE under subsection (2) .\n- (a) contains aggregated information about each of the matters mentioned in section 63A ; and\n- (b) is not likely to result in the identification of a particular service provider.","sortOrder":146},{"sectionNumber":"ch.2-pt.1-div.5","sectionType":"division","heading":"Service provider performance reports relating to scheme pipelines","content":"## Service provider performance reports relating to scheme pipelines","sortOrder":147},{"sectionNumber":"sec.64","sectionType":"section","heading":"Preparation of service provider performance reports relating to scheme pipelines","content":"### sec.64 Preparation of service provider performance reports relating to scheme pipelines\n\nSubject to this section, the AER may prepare a report on the financial performance or operational performance of 1 or more scheme pipeline service providers in providing pipeline services by means of a scheme pipeline.\nThe AER may only prepare a report under subsection (1) if the preparation of the report will or is likely to contribute to the achievement of the national gas objective: see section 28 .\nThe AER must prepare a report under this section if (and to the extent) required by the Rules.\nA report prepared under this section may—\ndeal with the financial or operational performance of the scheme pipeline service provider in relation to—\ncomplying with pipeline service standards; and\nstandards relating to the provision of pipeline services to users or end users; and\nthe profitability and efficiency of scheme pipeline service providers in providing pipeline services; and\nif the AER considers it appropriate, deal with the performance of the scheme pipeline service provider in relation to other matters or things if that performance is directly related to the performance or exercise by the AER of an AER economic regulatory function or power.\nA report prepared under this section may include—\ninformation provided to the AER by a person in compliance with a regulatory information instrument; and\nin the case of a report dealing with the financial performance of 1 or more scheme pipeline service providers, a comparison of the profitability or efficiency of the scheme pipeline service providers to which the report relates from the provision of pipeline services by them.\nBefore preparing a report under this section, the AER must, in accordance with the Rules, consult with the persons or bodies specified by the Rules.\nAny information that is used to prepare a report under this section may be used by the AER in preparing any report under the National Energy Retail Law or the National Energy Retail Rules, including (but not limited to) a retail market performance report under Division 2 of Part 12 of that Law.\nThe AER may publish a report prepared under this section on its website.\ns 64 amd 2011 No. 7 (SA) s 54 ; 2016 No. 55 (SA) s 14\n(sec.64-ssec.1) Subject to this section, the AER may prepare a report on the financial performance or operational performance of 1 or more scheme pipeline service providers in providing pipeline services by means of a scheme pipeline. The AER may only prepare a report under subsection (1) if the preparation of the report will or is likely to contribute to the achievement of the national gas objective: see section 28 .\n(sec.64-ssec.1a) The AER must prepare a report under this section if (and to the extent) required by the Rules.\n(sec.64-ssec.2) A report prepared under this section may— deal with the financial or operational performance of the scheme pipeline service provider in relation to— complying with pipeline service standards; and standards relating to the provision of pipeline services to users or end users; and the profitability and efficiency of scheme pipeline service providers in providing pipeline services; and if the AER considers it appropriate, deal with the performance of the scheme pipeline service provider in relation to other matters or things if that performance is directly related to the performance or exercise by the AER of an AER economic regulatory function or power.\n(sec.64-ssec.3) A report prepared under this section may include— information provided to the AER by a person in compliance with a regulatory information instrument; and in the case of a report dealing with the financial performance of 1 or more scheme pipeline service providers, a comparison of the profitability or efficiency of the scheme pipeline service providers to which the report relates from the provision of pipeline services by them.\n(sec.64-ssec.4) Before preparing a report under this section, the AER must, in accordance with the Rules, consult with the persons or bodies specified by the Rules.\n(sec.64-ssec.4A) Any information that is used to prepare a report under this section may be used by the AER in preparing any report under the National Energy Retail Law or the National Energy Retail Rules, including (but not limited to) a retail market performance report under Division 2 of Part 12 of that Law.\n(sec.64-ssec.5) The AER may publish a report prepared under this section on its website.\n- (a) deal with the financial or operational performance of the scheme pipeline service provider in relation to— (i) complying with pipeline service standards; and (ii) standards relating to the provision of pipeline services to users or end users; and (iii) the profitability and efficiency of scheme pipeline service providers in providing pipeline services; and\n- (i) complying with pipeline service standards; and\n- (ii) standards relating to the provision of pipeline services to users or end users; and\n- (iii) the profitability and efficiency of scheme pipeline service providers in providing pipeline services; and\n- (b) if the AER considers it appropriate, deal with the performance of the scheme pipeline service provider in relation to other matters or things if that performance is directly related to the performance or exercise by the AER of an AER economic regulatory function or power.\n- (i) complying with pipeline service standards; and\n- (ii) standards relating to the provision of pipeline services to users or end users; and\n- (iii) the profitability and efficiency of scheme pipeline service providers in providing pipeline services; and\n- (a) information provided to the AER by a person in compliance with a regulatory information instrument; and\n- (b) in the case of a report dealing with the financial performance of 1 or more scheme pipeline service providers, a comparison of the profitability or efficiency of the scheme pipeline service providers to which the report relates from the provision of pipeline services by them.","sortOrder":148},{"sectionNumber":"ch.2-pt.1-div.5A","sectionType":"division","heading":"Compliance and performance","content":"## Compliance and performance","sortOrder":149},{"sectionNumber":"sec.64A","sectionType":"section","heading":"References in this Division to service providers","content":"### sec.64A References in this Division to service providers\n\nIn this Division, a reference to a service provider includes a reference to a person, other than a service provider, to whom Chapter 4 , or a provision of Chapter 4 , applies under section 130 .\ns 64A ins 2022 No. 21 (SA) s 45","sortOrder":150},{"sectionNumber":"sec.64B","sectionType":"section","heading":"Compliance audits by AER","content":"### sec.64B Compliance audits by AER\n\nFor the purpose of assessing a service provider’s compliance with the requirements of this Law, the Regulations and the Rules, the AER may—\ncarry out compliance audits of any or all activities of the service provider; or\narrange for the carrying out by contractors or other persons of compliance audits on behalf of the AER of any or all activities of the service provider.\ns 64B ins 2022 No. 21 (SA) s 45\n- (a) carry out compliance audits of any or all activities of the service provider; or\n- (b) arrange for the carrying out by contractors or other persons of compliance audits on behalf of the AER of any or all activities of the service provider.","sortOrder":151},{"sectionNumber":"sec.64C","sectionType":"section","heading":"Compliance audits by service providers","content":"### sec.64C Compliance audits by service providers\n\nA service provider must, if required by the AER, carry out a compliance audit in connection with specified aspects of the activities of the service provider in relation to the service provider’s compliance with the requirements of this Law, the Regulations and the Rules.\nIf the AER requires a service provider to carry out a compliance audit under this section, the service provider may arrange for the audit to be carried out on its behalf by contractors or other persons, but the service provider remains responsible for the audit.\nA service provider must, within a period specified by the AER, provide the AER with the results of a compliance audit carried out under this section.\nSubsections (1) and (3) are civil penalty provisions.\ns 64C ins 2022 No. 21 (SA) s 45\n(sec.64C-ssec.1) A service provider must, if required by the AER, carry out a compliance audit in connection with specified aspects of the activities of the service provider in relation to the service provider’s compliance with the requirements of this Law, the Regulations and the Rules.\n(sec.64C-ssec.2) If the AER requires a service provider to carry out a compliance audit under this section, the service provider may arrange for the audit to be carried out on its behalf by contractors or other persons, but the service provider remains responsible for the audit.\n(sec.64C-ssec.3) A service provider must, within a period specified by the AER, provide the AER with the results of a compliance audit carried out under this section.","sortOrder":152},{"sectionNumber":"sec.64D","sectionType":"section","heading":"Carrying out of compliance audits","content":"### sec.64D Carrying out of compliance audits\n\nA compliance audit is to be carried out in accordance with the AER Compliance Procedures and Guidelines.\ns 64D ins 2022 No. 21 (SA) s 45","sortOrder":153},{"sectionNumber":"sec.64E","sectionType":"section","heading":"Cost of compliance audits","content":"### sec.64E Cost of compliance audits\n\nThe cost of conducting a compliance audit under section 64B is an amount to be determined in accordance with the AER Compliance Procedures and Guidelines and is recoverable by the AER from the service provider to whom the audit relates.\nThe cost of conducting a compliance audit under section 64C is to be borne by the service provider to whom the audit relates.\ns 64E ins 2022 No. 21 (SA) s 45\n(sec.64E-ssec.1) The cost of conducting a compliance audit under section 64B is an amount to be determined in accordance with the AER Compliance Procedures and Guidelines and is recoverable by the AER from the service provider to whom the audit relates.\n(sec.64E-ssec.2) The cost of conducting a compliance audit under section 64C is to be borne by the service provider to whom the audit relates.","sortOrder":154},{"sectionNumber":"sec.64F","sectionType":"section","heading":"AER Compliance Procedures and Guidelines","content":"### sec.64F AER Compliance Procedures and Guidelines\n\nThe AER must make procedures and guidelines ( AER Compliance Procedures and Guidelines ) in accordance with the Rules.\nWithout limiting subsection (1) , the AER Compliance Procedures and Guidelines may provide guidance for service providers about the following matters:\ncompliance with the requirements of this Law, the Regulations and the Rules;\nthe carrying out of compliance audits, and the costs payable by service providers, under this Division.\nThe AER Compliance Procedures and Guidelines may include a statement of the AER’s compliance priorities.\nThe AER may amend the AER Compliance Procedures and Guidelines in accordance with the Rules.\nThe AER Compliance Procedures and Guidelines may form part of similar guidelines under this Law, the National Electricity Law or the National Energy Retail Law.\ns 64F ins 2022 No. 21 (SA) s 45\n(sec.64F-ssec.1) The AER must make procedures and guidelines ( AER Compliance Procedures and Guidelines ) in accordance with the Rules.\n(sec.64F-ssec.2) Without limiting subsection (1) , the AER Compliance Procedures and Guidelines may provide guidance for service providers about the following matters: compliance with the requirements of this Law, the Regulations and the Rules; the carrying out of compliance audits, and the costs payable by service providers, under this Division.\n(sec.64F-ssec.3) The AER Compliance Procedures and Guidelines may include a statement of the AER’s compliance priorities.\n(sec.64F-ssec.4) The AER may amend the AER Compliance Procedures and Guidelines in accordance with the Rules.\n(sec.64F-ssec.5) The AER Compliance Procedures and Guidelines may form part of similar guidelines under this Law, the National Electricity Law or the National Energy Retail Law.\n- (a) compliance with the requirements of this Law, the Regulations and the Rules;\n- (b) the carrying out of compliance audits, and the costs payable by service providers, under this Division.","sortOrder":155},{"sectionNumber":"ch.2-pt.1-div.6","sectionType":"division","heading":"Miscellaneous matters","content":"## Miscellaneous matters","sortOrder":156},{"sectionNumber":"sec.65","sectionType":"section","heading":"Consideration by the AER of submissions or comments made to it under this Law or the Rules","content":"### sec.65 Consideration by the AER of submissions or comments made to it under this Law or the Rules\n\nIf, under this Law or the Rules, the AER publishes a notice inviting submissions in relation to the making of an AER economic regulatory decision, the AER, in making the decision—\nmust consider every submission it receives within the period specified in the notice; and\nmay, but need not, consider a submission it receives after the period specified in the notice expires.\n- (a) must consider every submission it receives within the period specified in the notice; and\n- (b) may, but need not, consider a submission it receives after the period specified in the notice expires.","sortOrder":157},{"sectionNumber":"sec.66","sectionType":"section","heading":"Use of information provided under a notice under section 42 or a regulatory information instrument","content":"### sec.66 Use of information provided under a notice under section 42 or a regulatory information instrument\n\nThe AER may use information provided to it by a person in compliance with a notice under section 42 or a regulatory information instrument for any purposes connected with the performance or exercise of a function or power of the AER under—\nthis Law or the Rules; or\nthe National Electricity Law or the National Electricity Rules; or\nthe National Energy Retail Law or the National Energy Retail Rules.\ns 66 sub 2011 No. 7 (SA) s 55\n- (a) this Law or the Rules; or\n- (b) the National Electricity Law or the National Electricity Rules; or\n- (c) the National Energy Retail Law or the National Energy Retail Rules.","sortOrder":158},{"sectionNumber":"sec.67","sectionType":"section","heading":"AER to inform certain persons of decisions not to investigate breaches, institute proceedings or serve infringement notices","content":"### sec.67 AER to inform certain persons of decisions not to investigate breaches, institute proceedings or serve infringement notices\n\nIf the AER is given information by any person in relation to a breach or a possible breach of this Law, the Regulations or the Rules by a person but—\ndecides not to investigate that breach or possible breach; or\nfollowing an investigation, decides not to—\ninstitute any proceedings under Chapter 8 in respect of that breach or possible breach; or\nserve an infringement notice in accordance with Chapter 8 Part 7 in respect of that breach or possible breach,\nthe AER must notify that person of that decision in writing.\nThis section does not apply if the person gave the information to the AER anonymously.\n(sec.67-ssec.1) If the AER is given information by any person in relation to a breach or a possible breach of this Law, the Regulations or the Rules by a person but— decides not to investigate that breach or possible breach; or following an investigation, decides not to— institute any proceedings under Chapter 8 in respect of that breach or possible breach; or serve an infringement notice in accordance with Chapter 8 Part 7 in respect of that breach or possible breach, the AER must notify that person of that decision in writing.\n(sec.67-ssec.2) This section does not apply if the person gave the information to the AER anonymously.\n- (a) decides not to investigate that breach or possible breach; or\n- (b) following an investigation, decides not to— (i) institute any proceedings under Chapter 8 in respect of that breach or possible breach; or (ii) serve an infringement notice in accordance with Chapter 8 Part 7 in respect of that breach or possible breach,\n- (i) institute any proceedings under Chapter 8 in respect of that breach or possible breach; or\n- (ii) serve an infringement notice in accordance with Chapter 8 Part 7 in respect of that breach or possible breach,\n- (i) institute any proceedings under Chapter 8 in respect of that breach or possible breach; or\n- (ii) serve an infringement notice in accordance with Chapter 8 Part 7 in respect of that breach or possible breach,","sortOrder":159},{"sectionNumber":"sec.68","sectionType":"section","heading":"AER Guidelines","content":"### sec.68 AER Guidelines\n\nThe AER must prepare guidelines about the exercise of its powers under section 42 , including about—\nthe rights and obligations of persons who are served with a relevant notice under that section; and\nthe penalties applying under that section for non-compliance with a notice; and\nthe purposes for which information obtained under that section may be used.\nThe AER may prepare guidelines about the matters it will have regard to before—\nmaking an application under section 231 ; or\nserving an infringement notice under section 277 ; or\naccepting an enforceable undertaking under section 230A .\nThe AER must publish guidelines prepared under subsection (a1) or (1) on its website.\ns 68 amd 2011 No. 7 (SA) s 56 ; 2020 No. 37 (SA) s 54\n(sec.68-ssec.a1) The AER must prepare guidelines about the exercise of its powers under section 42 , including about— the rights and obligations of persons who are served with a relevant notice under that section; and the penalties applying under that section for non-compliance with a notice; and the purposes for which information obtained under that section may be used.\n(sec.68-ssec.1) The AER may prepare guidelines about the matters it will have regard to before— making an application under section 231 ; or serving an infringement notice under section 277 ; or accepting an enforceable undertaking under section 230A .\n(sec.68-ssec.2) The AER must publish guidelines prepared under subsection (a1) or (1) on its website.\n- (a) the rights and obligations of persons who are served with a relevant notice under that section; and\n- (b) the penalties applying under that section for non-compliance with a notice; and\n- (c) the purposes for which information obtained under that section may be used.\n- (a) making an application under section 231 ; or\n- (b) serving an infringement notice under section 277 ; or\n- (c) accepting an enforceable undertaking under section 230A .","sortOrder":160},{"sectionNumber":"sec.68A","sectionType":"section","heading":"Single documentation","content":"### sec.68A Single documentation\n\nThis section applies if the AER is authorised to prepare a document under this Law or the Rules for a purpose and is also authorised to prepare a document or documents under any of the following:\nthe National Electricity Law;\nthe National Electricity Rules;\nthe National Energy Retail Law;\nthe National Energy Retail Rules,\nfor the same or a similar, related or corresponding purpose.\nThe AER may satisfy the requirements of this Law or the Rules regarding the document under this Law or the Rules by preparing and making (and where relevant publishing) a single document.\nSee also section 28ZH of the National Electricity Law and section 219 of the National Energy Retail Law.\ns 68A ins 2011 No. 7 (SA) s 57\n(sec.68A-ssec.1) This section applies if the AER is authorised to prepare a document under this Law or the Rules for a purpose and is also authorised to prepare a document or documents under any of the following: the National Electricity Law; the National Electricity Rules; the National Energy Retail Law; the National Energy Retail Rules, for the same or a similar, related or corresponding purpose.\n(sec.68A-ssec.2) The AER may satisfy the requirements of this Law or the Rules regarding the document under this Law or the Rules by preparing and making (and where relevant publishing) a single document. See also section 28ZH of the National Electricity Law and section 219 of the National Energy Retail Law.\n- (a) the National Electricity Law;\n- (b) the National Electricity Rules;\n- (c) the National Energy Retail Law;\n- (d) the National Energy Retail Rules,","sortOrder":161},{"sectionNumber":"sec.68B","sectionType":"section","heading":"Use of information","content":"### sec.68B Use of information\n\nThe AER may use the information obtained under this Law or the Rules for a purpose connected with the performance or exercise of a function or power of the AER under any of the following:\nthe National Electricity Law;\nthe National Electricity Rules;\nthe National Energy Retail Law;\nthe National Energy Retail Rules.\nThe AER may use the information obtained under any such Law or Rules for a purpose connected with the performance or exercise of a function or power of the AER under this Law or the Rules.\nThis section does not limit any other provision of this Law that provides for the use of information obtained under this Law or the Rules.\nSee also section 28ZI of the National Electricity Law and section 220 of the National Energy Retail Law.\ns 68B ins 2011 No. 7 (SA) s 57\n(sec.68B-ssec.1) The AER may use the information obtained under this Law or the Rules for a purpose connected with the performance or exercise of a function or power of the AER under any of the following: the National Electricity Law; the National Electricity Rules; the National Energy Retail Law; the National Energy Retail Rules.\n(sec.68B-ssec.2) The AER may use the information obtained under any such Law or Rules for a purpose connected with the performance or exercise of a function or power of the AER under this Law or the Rules.\n(sec.68B-ssec.3) This section does not limit any other provision of this Law that provides for the use of information obtained under this Law or the Rules. See also section 28ZI of the National Electricity Law and section 220 of the National Energy Retail Law.\n- (a) the National Electricity Law;\n- (b) the National Electricity Rules;\n- (c) the National Energy Retail Law;\n- (d) the National Energy Retail Rules.","sortOrder":162},{"sectionNumber":"sec.68C","sectionType":"section","heading":null,"content":"### Section sec.68C\n\ns 68C ins 2013 No. 79 (SA) s 21\nom 2021 No. 3 (SA) s 38","sortOrder":163},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"Functions and powers of the Australian Energy Market Commission","content":"# Functions and powers of the Australian Energy Market Commission","sortOrder":164},{"sectionNumber":"ch.2-pt.2-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":165},{"sectionNumber":"sec.69","sectionType":"section","heading":"Functions and powers of the AEMC","content":"### sec.69 Functions and powers of the AEMC\n\nThe AEMC has the following functions and powers:\nthe Rule making functions and powers conferred on it under this Law and the Regulations;\nthe market development functions conferred on it under this Law and the Rules;\nany other functions and powers conferred on it under this Law and the Rules.\nThe AEMC has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n(sec.69-ssec.1) The AEMC has the following functions and powers: the Rule making functions and powers conferred on it under this Law and the Regulations; the market development functions conferred on it under this Law and the Rules; any other functions and powers conferred on it under this Law and the Rules.\n(sec.69-ssec.2) The AEMC has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n- (a) the Rule making functions and powers conferred on it under this Law and the Regulations;\n- (b) the market development functions conferred on it under this Law and the Rules;\n- (c) any other functions and powers conferred on it under this Law and the Rules.","sortOrder":166},{"sectionNumber":"sec.70","sectionType":"section","heading":"Delegations","content":"### sec.70 Delegations\n\nAny delegation by the AEMC under section 20 of the Australian Energy Market Commission Establishment Act 2004 of South Australia extends to, and has effect for the purposes of, this Law, the Regulations and the Rules.","sortOrder":167},{"sectionNumber":"sec.71","sectionType":"section","heading":"Confidentiality","content":"### sec.71 Confidentiality\n\nSection 24 of the Australian Energy Market Commission Establishment Act 2004 of South Australia has effect for the purposes of this Law, the Regulations and the Rules as if it formed part of this Law.\nSee also Chapter 10 Part 2 Division 2 .","sortOrder":168},{"sectionNumber":"sec.72","sectionType":"section","heading":"AEMC must have regard to national gas objective","content":"### sec.72 AEMC must have regard to national gas objective\n\nIn performing or exercising any function or power under this Law, the Regulations or the Rules, the AEMC must have regard to the national gas objective.","sortOrder":169},{"sectionNumber":"sec.72A","sectionType":"section","heading":"Targets statement for greenhouse gas emissions targets","content":"### sec.72A Targets statement for greenhouse gas emissions targets\n\nThe AEMC must prepare and maintain a document (the targets statement ) stating the targets set by a participating jurisdiction mentioned in section 23 (b) .\nIf the MCE or a Minister of a participating jurisdiction gives a written direction to the AEMC to include a target in, or remove a target from, the targets statement, the AEMC must comply with the direction.\nA Minister may give a written direction under subsection (2) only in relation to a target set by the Minister’s participating jurisdiction.\nThe AEMC must publish on its website—\nthe targets statement; and\neach direction given under subsection (2) .\nIn having regard to the national gas objective under this Law, the Regulations or the Rules with respect to the matters mentioned in section 23 (b) , a person or body must consider, as a minimum, the targets stated in the targets statement.\ns 72A ins 2023 No. 26 (SA) s 16\n(sec.72A-ssec.1) The AEMC must prepare and maintain a document (the targets statement ) stating the targets set by a participating jurisdiction mentioned in section 23 (b) .\n(sec.72A-ssec.2) If the MCE or a Minister of a participating jurisdiction gives a written direction to the AEMC to include a target in, or remove a target from, the targets statement, the AEMC must comply with the direction.\n(sec.72A-ssec.3) A Minister may give a written direction under subsection (2) only in relation to a target set by the Minister’s participating jurisdiction.\n(sec.72A-ssec.4) The AEMC must publish on its website— the targets statement; and each direction given under subsection (2) .\n(sec.72A-ssec.5) In having regard to the national gas objective under this Law, the Regulations or the Rules with respect to the matters mentioned in section 23 (b) , a person or body must consider, as a minimum, the targets stated in the targets statement.\n- (a) the targets statement; and\n- (b) each direction given under subsection (2) .","sortOrder":170},{"sectionNumber":"sec.73","sectionType":"section","heading":"AEMC must have regard to MCE statements of policy principles in relation to Rule making and reviews","content":"### sec.73 AEMC must have regard to MCE statements of policy principles in relation to Rule making and reviews\n\nThe AEMC must have regard to any relevant MCE statement of policy principles—\nin making a Rule; or\nin conducting a review under section 83 .\n- (a) in making a Rule; or\n- (b) in conducting a review under section 83 .","sortOrder":171},{"sectionNumber":"ch.2-pt.2-div.2","sectionType":"division","heading":"Rule making functions and powers of the AEMC","content":"## Rule making functions and powers of the AEMC","sortOrder":172},{"sectionNumber":"sec.74","sectionType":"section","heading":"Subject matter for National Gas Rules","content":"### sec.74 Subject matter for National Gas Rules\n\nSubject to this Division, the AEMC, in accordance with this Law and the Regulations, may make Rules, to be known, collectively, as the “National Gas Rules”, for or with respect to—\nregulating—\naccess to pipeline services; and\nthe provision of pipeline services; and\nthe collection, use, disclosure, copying, recording, management and publication of information in relation to the covered gas industry; and\nthe operation of a regulated retail gas market; and\nAEMO’s declared system functions and the operation of a declared wholesale gas market; and\nAEMO’s STTM functions and the operation of a short term trading market of an adoptive jurisdiction; and\nthe activities of Registered participants, users, end users and other persons in a regulated gas market; and\nthe safety, security and reliability of pipelines; and\nthe reliability or adequacy of the supply of covered gas within the east coast gas system; and\nthe connection of premises of retail customers; and\nAEMO’s gas trading exchange functions and the operation of a gas trading exchange; and\nthe capacity auction functions of AEMO, the operation of a capacity auction and the activities of transportation service providers and transportation facility users in connection with a capacity auction; and\ntransaction support arrangements; and\naccess to and the provision of operational transportation services; and\nfacilitating and supporting the provision of services to retail customers; and\nany matter or thing related to, or necessary or expedient for, the purposes of a trial Rule, trial project or trial waiver; and\nthe AER gas price reporting functions; and\nAEMO’s east coast gas system reliability and supply adequacy functions; and\nany matter or thing contemplated by this Law, or necessary or expedient for the purposes of this Law.\nThe procedure for the making of a Rule by the AEMC is set out in Chapter 9 Part 3 .\nWithout limiting subsection (1) , the AEMC, in accordance with this Law and the Regulations, may make Rules for or with respect to any matter or thing specified in Schedule 1 to this Law.\nRules made by the AEMC in accordance with this Law and the Regulations may—\nbe of general or limited application;\nvary according to the persons, times, places or circumstances to which they are expressed to apply;\nconfer functions or powers on, or leave any matter or thing to be decided or determined by—\nthe AER, the AEMC or AEMO; or\nany panel or committee established by the AEMC; or\nany other body established, or person appointed, in accordance with the Rules;\nconfer rights or impose obligations on any person or a class of person (other than AEMO, the AER or the AEMC);\nconfer a function on the AER, the AEMC or AEMO to make or issue guidelines, tests, standards, procedures or any other document (however described) in accordance with the Rules, including guidelines, tests, standards, procedures or any other document (however described) that leave any matter or thing to be determined by the AER, the AEMC or AEMO;\nempower or require any person (other than a person referred to in paragraph (e) ) or body to make or issue guidelines, tests, standards, procedures or any other document (however described) in accordance with the Rules;\nprovide for Procedures governing the operation of regulated gas markets;\nprovide for Procedures governing the operation and administration of capacity auctions and transaction support arrangements;\napply, adopt or incorporate wholly or partially, or as amended by the Rules, the provisions of any standard, rule, specification, method or document (however described) formulated, issued, prescribed or published by any person, authority or body whether—\nas formulated, issued, prescribed or published at the time the Rules are made or at any time before the Rules are made; or\nas amended from time to time;\nconfer a power of direction on the AER, the AEMC or AEMO to require a person conferred a right, or on whom an obligation is imposed, under the Rules to comply with—\na guideline, test, standard, procedure or other document (however described) referred to in paragraph (e) or (f) ; or\na standard, rule, specification, method or document (however described) referred to in paragraph (g) ;\nif this section authorises or requires Rules that regulate any matter or thing, prohibit that matter or thing or any aspect of that matter of thing;\nprovide for the review of, or a right of appeal against, a decision or determination made under the Rules and for that purpose, confer jurisdiction on the Court;\nrequire a form prescribed by or under the Rules, or information or documents included in, attached to or given with the form, to be verified by statutory declaration;\nin a specified case or class of case, exempt—\nAEMO; or\na Registered participant or class of Registered participant; or\nany other person or body performing or exercising a function or power, or conferred a right, or on whom an obligation is imposed, under the Rules or a class of any such person or body,\nfrom complying with a provision, or part of a provision, of the Rules;\nprovide for the modification or variation of a provision of the Rules (with or without substitution of a provision of the Rules or part of a provision of the Rules) as it applies to—\nAEMO; or\na Registered participant or class of Registered participant; or\nany other person or body performing or exercising a function or power, or conferred a right, or on whom an obligation is imposed, under the Rules or a class of any such person or body;\nconfer an immunity on, or limit the liability of, any person or body performing or exercising a function or power, or conferred a right, or on whom an obligation is imposed under the Rules;\nrequire a person or body performing or exercising a function or power, or on whom a right is conferred or an obligation is imposed under the Rules, to indemnify another such person or body;\ncontain provisions of a savings or transitional nature consequent on the amendment or revocation of a Rule.\ns 74 amd 2009 No. 30 (SA) s 13 ; 2009 No. 46 (SA) s 7 ; 2011 No. 7 (SA) s 58 ; 2013 No. 54 (SA) s 5 ; 2018 No. 23 (SA) s 8 ; 2022 No. 3 (SA) s 23 ; 2022 No. 22 (SA) s 36 ; 2023 No. 7 (SA) s 5 ; 2023 No. 36 (SA) s 21\n(sec.74-ssec.1) Subject to this Division, the AEMC, in accordance with this Law and the Regulations, may make Rules, to be known, collectively, as the “National Gas Rules”, for or with respect to— regulating— access to pipeline services; and the provision of pipeline services; and the collection, use, disclosure, copying, recording, management and publication of information in relation to the covered gas industry; and the operation of a regulated retail gas market; and AEMO’s declared system functions and the operation of a declared wholesale gas market; and AEMO’s STTM functions and the operation of a short term trading market of an adoptive jurisdiction; and the activities of Registered participants, users, end users and other persons in a regulated gas market; and the safety, security and reliability of pipelines; and the reliability or adequacy of the supply of covered gas within the east coast gas system; and the connection of premises of retail customers; and AEMO’s gas trading exchange functions and the operation of a gas trading exchange; and the capacity auction functions of AEMO, the operation of a capacity auction and the activities of transportation service providers and transportation facility users in connection with a capacity auction; and transaction support arrangements; and access to and the provision of operational transportation services; and facilitating and supporting the provision of services to retail customers; and any matter or thing related to, or necessary or expedient for, the purposes of a trial Rule, trial project or trial waiver; and the AER gas price reporting functions; and AEMO’s east coast gas system reliability and supply adequacy functions; and any matter or thing contemplated by this Law, or necessary or expedient for the purposes of this Law. The procedure for the making of a Rule by the AEMC is set out in Chapter 9 Part 3 .\n(sec.74-ssec.2) Without limiting subsection (1) , the AEMC, in accordance with this Law and the Regulations, may make Rules for or with respect to any matter or thing specified in Schedule 1 to this Law.\n(sec.74-ssec.3) Rules made by the AEMC in accordance with this Law and the Regulations may— be of general or limited application; vary according to the persons, times, places or circumstances to which they are expressed to apply; confer functions or powers on, or leave any matter or thing to be decided or determined by— the AER, the AEMC or AEMO; or any panel or committee established by the AEMC; or any other body established, or person appointed, in accordance with the Rules; confer rights or impose obligations on any person or a class of person (other than AEMO, the AER or the AEMC); confer a function on the AER, the AEMC or AEMO to make or issue guidelines, tests, standards, procedures or any other document (however described) in accordance with the Rules, including guidelines, tests, standards, procedures or any other document (however described) that leave any matter or thing to be determined by the AER, the AEMC or AEMO; empower or require any person (other than a person referred to in paragraph (e) ) or body to make or issue guidelines, tests, standards, procedures or any other document (however described) in accordance with the Rules; provide for Procedures governing the operation of regulated gas markets; provide for Procedures governing the operation and administration of capacity auctions and transaction support arrangements; apply, adopt or incorporate wholly or partially, or as amended by the Rules, the provisions of any standard, rule, specification, method or document (however described) formulated, issued, prescribed or published by any person, authority or body whether— as formulated, issued, prescribed or published at the time the Rules are made or at any time before the Rules are made; or as amended from time to time; confer a power of direction on the AER, the AEMC or AEMO to require a person conferred a right, or on whom an obligation is imposed, under the Rules to comply with— a guideline, test, standard, procedure or other document (however described) referred to in paragraph (e) or (f) ; or a standard, rule, specification, method or document (however described) referred to in paragraph (g) ; if this section authorises or requires Rules that regulate any matter or thing, prohibit that matter or thing or any aspect of that matter of thing; provide for the review of, or a right of appeal against, a decision or determination made under the Rules and for that purpose, confer jurisdiction on the Court; require a form prescribed by or under the Rules, or information or documents included in, attached to or given with the form, to be verified by statutory declaration; in a specified case or class of case, exempt— AEMO; or a Registered participant or class of Registered participant; or any other person or body performing or exercising a function or power, or conferred a right, or on whom an obligation is imposed, under the Rules or a class of any such person or body, from complying with a provision, or part of a provision, of the Rules; provide for the modification or variation of a provision of the Rules (with or without substitution of a provision of the Rules or part of a provision of the Rules) as it applies to— AEMO; or a Registered participant or class of Registered participant; or any other person or body performing or exercising a function or power, or conferred a right, or on whom an obligation is imposed, under the Rules or a class of any such person or body; confer an immunity on, or limit the liability of, any person or body performing or exercising a function or power, or conferred a right, or on whom an obligation is imposed under the Rules; require a person or body performing or exercising a function or power, or on whom a right is conferred or an obligation is imposed under the Rules, to indemnify another such person or body; contain provisions of a savings or transitional nature consequent on the amendment or revocation of a Rule.\n- (a) regulating— (i) access to pipeline services; and (ii) the provision of pipeline services; and (iii) the collection, use, disclosure, copying, recording, management and publication of information in relation to the covered gas industry; and (iv) the operation of a regulated retail gas market; and (v) AEMO’s declared system functions and the operation of a declared wholesale gas market; and (va) AEMO’s STTM functions and the operation of a short term trading market of an adoptive jurisdiction; and (vi) the activities of Registered participants, users, end users and other persons in a regulated gas market; and (vii) the safety, security and reliability of pipelines; and (viia) the reliability or adequacy of the supply of covered gas within the east coast gas system; and (viii) the connection of premises of retail customers; and\n- (i) access to pipeline services; and\n- (ii) the provision of pipeline services; and\n- (iii) the collection, use, disclosure, copying, recording, management and publication of information in relation to the covered gas industry; and\n- (iv) the operation of a regulated retail gas market; and\n- (v) AEMO’s declared system functions and the operation of a declared wholesale gas market; and\n- (va) AEMO’s STTM functions and the operation of a short term trading market of an adoptive jurisdiction; and\n- (vi) the activities of Registered participants, users, end users and other persons in a regulated gas market; and\n- (vii) the safety, security and reliability of pipelines; and\n- (viia) the reliability or adequacy of the supply of covered gas within the east coast gas system; and\n- (viii) the connection of premises of retail customers; and\n- (aaa) AEMO’s gas trading exchange functions and the operation of a gas trading exchange; and\n- (aab) the capacity auction functions of AEMO, the operation of a capacity auction and the activities of transportation service providers and transportation facility users in connection with a capacity auction; and\n- (aac) transaction support arrangements; and\n- (aad) access to and the provision of operational transportation services; and\n- (aa) facilitating and supporting the provision of services to retail customers; and\n- (ab) any matter or thing related to, or necessary or expedient for, the purposes of a trial Rule, trial project or trial waiver; and\n- (aba) the AER gas price reporting functions; and\n- (ac) AEMO’s east coast gas system reliability and supply adequacy functions; and\n- (b) any matter or thing contemplated by this Law, or necessary or expedient for the purposes of this Law.\n- (i) access to pipeline services; and\n- (ii) the provision of pipeline services; and\n- (iii) the collection, use, disclosure, copying, recording, management and publication of information in relation to the covered gas industry; and\n- (iv) the operation of a regulated retail gas market; and\n- (v) AEMO’s declared system functions and the operation of a declared wholesale gas market; and\n- (va) AEMO’s STTM functions and the operation of a short term trading market of an adoptive jurisdiction; and\n- (vi) the activities of Registered participants, users, end users and other persons in a regulated gas market; and\n- (vii) the safety, security and reliability of pipelines; and\n- (viia) the reliability or adequacy of the supply of covered gas within the east coast gas system; and\n- (viii) the connection of premises of retail customers; and\n- (a) be of general or limited application;\n- (b) vary according to the persons, times, places or circumstances to which they are expressed to apply;\n- (c) confer functions or powers on, or leave any matter or thing to be decided or determined by— (i) the AER, the AEMC or AEMO; or (ii) any panel or committee established by the AEMC; or (iii) any other body established, or person appointed, in accordance with the Rules;\n- (i) the AER, the AEMC or AEMO; or\n- (ii) any panel or committee established by the AEMC; or\n- (iii) any other body established, or person appointed, in accordance with the Rules;\n- (d) confer rights or impose obligations on any person or a class of person (other than AEMO, the AER or the AEMC);\n- (e) confer a function on the AER, the AEMC or AEMO to make or issue guidelines, tests, standards, procedures or any other document (however described) in accordance with the Rules, including guidelines, tests, standards, procedures or any other document (however described) that leave any matter or thing to be determined by the AER, the AEMC or AEMO;\n- (f) empower or require any person (other than a person referred to in paragraph (e) ) or body to make or issue guidelines, tests, standards, procedures or any other document (however described) in accordance with the Rules;\n- (fa) provide for Procedures governing the operation of regulated gas markets;\n- (fb) provide for Procedures governing the operation and administration of capacity auctions and transaction support arrangements;\n- (g) apply, adopt or incorporate wholly or partially, or as amended by the Rules, the provisions of any standard, rule, specification, method or document (however described) formulated, issued, prescribed or published by any person, authority or body whether— (i) as formulated, issued, prescribed or published at the time the Rules are made or at any time before the Rules are made; or (ii) as amended from time to time;\n- (i) as formulated, issued, prescribed or published at the time the Rules are made or at any time before the Rules are made; or\n- (ii) as amended from time to time;\n- (h) confer a power of direction on the AER, the AEMC or AEMO to require a person conferred a right, or on whom an obligation is imposed, under the Rules to comply with— (i) a guideline, test, standard, procedure or other document (however described) referred to in paragraph (e) or (f) ; or (ii) a standard, rule, specification, method or document (however described) referred to in paragraph (g) ;\n- (i) a guideline, test, standard, procedure or other document (however described) referred to in paragraph (e) or (f) ; or\n- (ii) a standard, rule, specification, method or document (however described) referred to in paragraph (g) ;\n- (i) if this section authorises or requires Rules that regulate any matter or thing, prohibit that matter or thing or any aspect of that matter of thing;\n- (j) provide for the review of, or a right of appeal against, a decision or determination made under the Rules and for that purpose, confer jurisdiction on the Court;\n- (k) require a form prescribed by or under the Rules, or information or documents included in, attached to or given with the form, to be verified by statutory declaration;\n- (l) in a specified case or class of case, exempt— (i) AEMO; or (ii) a Registered participant or class of Registered participant; or (iii) any other person or body performing or exercising a function or power, or conferred a right, or on whom an obligation is imposed, under the Rules or a class of any such person or body, from complying with a provision, or part of a provision, of the Rules;\n- (i) AEMO; or\n- (ii) a Registered participant or class of Registered participant; or\n- (iii) any other person or body performing or exercising a function or power, or conferred a right, or on whom an obligation is imposed, under the Rules or a class of any such person or body,\n- (m) provide for the modification or variation of a provision of the Rules (with or without substitution of a provision of the Rules or part of a provision of the Rules) as it applies to— (i) AEMO; or (ii) a Registered participant or class of Registered participant; or (iii) any other person or body performing or exercising a function or power, or conferred a right, or on whom an obligation is imposed, under the Rules or a class of any such person or body;\n- (i) AEMO; or\n- (ii) a Registered participant or class of Registered participant; or\n- (iii) any other person or body performing or exercising a function or power, or conferred a right, or on whom an obligation is imposed, under the Rules or a class of any such person or body;\n- (n) confer an immunity on, or limit the liability of, any person or body performing or exercising a function or power, or conferred a right, or on whom an obligation is imposed under the Rules;\n- (na) require a person or body performing or exercising a function or power, or on whom a right is conferred or an obligation is imposed under the Rules, to indemnify another such person or body;\n- (o) contain provisions of a savings or transitional nature consequent on the amendment or revocation of a Rule.\n- (i) the AER, the AEMC or AEMO; or\n- (ii) any panel or committee established by the AEMC; or\n- (iii) any other body established, or person appointed, in accordance with the Rules;\n- (i) as formulated, issued, prescribed or published at the time the Rules are made or at any time before the Rules are made; or\n- (ii) as amended from time to time;\n- (i) a guideline, test, standard, procedure or other document (however described) referred to in paragraph (e) or (f) ; or\n- (ii) a standard, rule, specification, method or document (however described) referred to in paragraph (g) ;\n- (i) AEMO; or\n- (ii) a Registered participant or class of Registered participant; or\n- (iii) any other person or body performing or exercising a function or power, or conferred a right, or on whom an obligation is imposed, under the Rules or a class of any such person or body,\n- (i) AEMO; or\n- (ii) a Registered participant or class of Registered participant; or\n- (iii) any other person or body performing or exercising a function or power, or conferred a right, or on whom an obligation is imposed, under the Rules or a class of any such person or body;","sortOrder":173},{"sectionNumber":"sec.75","sectionType":"section","heading":"Rules relating to MCE or Ministers of participating jurisdictions require MCE consent","content":"### sec.75 Rules relating to MCE or Ministers of participating jurisdictions require MCE consent\n\nThe AEMC must not, without the consent of the MCE, make a Rule that confers a right or function, or imposes an obligation, on the MCE or a Minister of a participating jurisdiction.\nThe term function is defined in clause 10 of Schedule 2 to this Law to include “duty”.","sortOrder":174},{"sectionNumber":"sec.76","sectionType":"section","heading":"AEMC must not make Rules that create criminal offences or impose civil penalties for breaches","content":"### sec.76 AEMC must not make Rules that create criminal offences or impose civil penalties for breaches\n\nThe AEMC must not make a Rule that—\ncreates an offence for a breach of a provision of the Rules; or\nprovides for a criminal penalty or civil penalty for a breach of a provision of the Rules.\n- (a) creates an offence for a breach of a provision of the Rules; or\n- (b) provides for a criminal penalty or civil penalty for a breach of a provision of the Rules.","sortOrder":175},{"sectionNumber":"sec.77","sectionType":"section","heading":"Documents etc applied, adopted and incorporated by Rules to be publicly available","content":"### sec.77 Documents etc applied, adopted and incorporated by Rules to be publicly available\n\nThe AEMC must make publicly available—\nevery standard, rule, specification, method or document (however described) formulated, issued, prescribed or published by any person, authority or body that is applied, adopted or incorporated by a Rule; and\nif a standard, rule, specification, method or document (however described) formulated, issued, prescribed or published by any person, authority or body is applied, adopted or incorporated by a Rule as amended from time to time—any amendment to that standard, rule, specification, method or document.\nFor the purposes of subsection (1) , the AEMC makes a standard, rule, specification, method or document (however described) formulated, issued, prescribed or published by any person, authority or body applied, adopted or incorporated by any Rule publicly available if the AEMC—\npublishes the standard, rule, specification, method or document on the AEMC’s website; or\nspecifies a place from which the standard, rule, specification, method or document may be obtained or purchased (as the case requires).\n(sec.77-ssec.1) The AEMC must make publicly available— every standard, rule, specification, method or document (however described) formulated, issued, prescribed or published by any person, authority or body that is applied, adopted or incorporated by a Rule; and if a standard, rule, specification, method or document (however described) formulated, issued, prescribed or published by any person, authority or body is applied, adopted or incorporated by a Rule as amended from time to time—any amendment to that standard, rule, specification, method or document.\n(sec.77-ssec.2) For the purposes of subsection (1) , the AEMC makes a standard, rule, specification, method or document (however described) formulated, issued, prescribed or published by any person, authority or body applied, adopted or incorporated by any Rule publicly available if the AEMC— publishes the standard, rule, specification, method or document on the AEMC’s website; or specifies a place from which the standard, rule, specification, method or document may be obtained or purchased (as the case requires).\n- (a) every standard, rule, specification, method or document (however described) formulated, issued, prescribed or published by any person, authority or body that is applied, adopted or incorporated by a Rule; and\n- (b) if a standard, rule, specification, method or document (however described) formulated, issued, prescribed or published by any person, authority or body is applied, adopted or incorporated by a Rule as amended from time to time—any amendment to that standard, rule, specification, method or document.\n- (a) publishes the standard, rule, specification, method or document on the AEMC’s website; or\n- (b) specifies a place from which the standard, rule, specification, method or document may be obtained or purchased (as the case requires).","sortOrder":176},{"sectionNumber":"ch.2-pt.2-div.3","sectionType":"division","heading":"Committees, panels and working groups of the AEMC","content":"## Committees, panels and working groups of the AEMC","sortOrder":177},{"sectionNumber":"sec.78","sectionType":"section","heading":"Establishment of committees, panels and working groups","content":"### sec.78 Establishment of committees, panels and working groups\n\nThe AEMC may establish committees, panels and working groups to—\nprovide advice on specified aspects of the AEMC’s functions; or\nundertake any other activity in relation to the AEMC’s functions as is specified by the AEMC.\n- (a) provide advice on specified aspects of the AEMC’s functions; or\n- (b) undertake any other activity in relation to the AEMC’s functions as is specified by the AEMC.","sortOrder":178},{"sectionNumber":"ch.2-pt.2-div.4","sectionType":"division","heading":"MCE directed reviews","content":"## MCE directed reviews","sortOrder":179},{"sectionNumber":"sec.79","sectionType":"section","heading":"MCE directions","content":"### sec.79 MCE directions\n\nThe MCE may give a written direction to the AEMC that the AEMC conduct a review into—\nany matter relating to a market for gas (including services provided in a market for gas); or\nany matter relating to access to pipelines or to pipeline services provided by means of pipelines; or\nthe operation and effectiveness of the Rules; or\nany matter relating to the Rules; or\nthe effectiveness of competition in a market for gas for the purpose of giving advice about whether to retain, remove or reintroduce price controls on prices for retail gas services.\nA direction given to the AEMC under this section is binding on the AEMC and must be complied with despite anything to the contrary in the Rules.\nA direction given under this section must be published in the South Australian Government Gazette.\nThe AEMC must cause a direction given under this section to be published on its website.\n(sec.79-ssec.1) The MCE may give a written direction to the AEMC that the AEMC conduct a review into— any matter relating to a market for gas (including services provided in a market for gas); or any matter relating to access to pipelines or to pipeline services provided by means of pipelines; or the operation and effectiveness of the Rules; or any matter relating to the Rules; or the effectiveness of competition in a market for gas for the purpose of giving advice about whether to retain, remove or reintroduce price controls on prices for retail gas services.\n(sec.79-ssec.2) A direction given to the AEMC under this section is binding on the AEMC and must be complied with despite anything to the contrary in the Rules.\n(sec.79-ssec.3) A direction given under this section must be published in the South Australian Government Gazette.\n(sec.79-ssec.4) The AEMC must cause a direction given under this section to be published on its website.\n- (a) any matter relating to a market for gas (including services provided in a market for gas); or\n- (b) any matter relating to access to pipelines or to pipeline services provided by means of pipelines; or\n- (c) the operation and effectiveness of the Rules; or\n- (d) any matter relating to the Rules; or\n- (e) the effectiveness of competition in a market for gas for the purpose of giving advice about whether to retain, remove or reintroduce price controls on prices for retail gas services.","sortOrder":180},{"sectionNumber":"sec.80","sectionType":"section","heading":"Terms of reference","content":"### sec.80 Terms of reference\n\nThe terms of reference of a MCE directed review will be as specified in the direction given by the MCE.\nThe terms of reference may require a MCE directed review to be conducted—\nabout a specific matter within a specified time; or\nwhenever a specified event occurs; or\non an annual basis.\nWithout limiting subsection (1) , the MCE may in its direction to the AEMC do 1 or more of the following:\nrequire the AEMC to give a report on a MCE directed review to the MCE within a specified period;\nrequire the AEMC to make the report on a MCE directed review publicly available or available to specified persons or bodies;\nrequire the AEMC to make a draft report publicly available or available to specified persons or bodies during a MCE directed review;\nrequire the AEMC to consider specified matters in the conduct of a MCE directed review;\nrequire the AEMC to have specified objectives in the conduct of a MCE directed review which need not be limited by the national gas objective;\nrequire the AEMC to assess a particular matter in relation to services provided in a market for gas against specified criteria or a specified methodology;\nrequire the AEMC—\nto assess a particular matter in relation to services provided in a market for gas; and\nto develop appropriate and relevant criteria, or an appropriate and relevant methodology, for the purpose of the required assessment;\ngive the AEMC other specific directions in respect of the conduct of a MCE directed review.\n(sec.80-ssec.1) The terms of reference of a MCE directed review will be as specified in the direction given by the MCE. The terms of reference may require a MCE directed review to be conducted— about a specific matter within a specified time; or whenever a specified event occurs; or on an annual basis.\n(sec.80-ssec.2) Without limiting subsection (1) , the MCE may in its direction to the AEMC do 1 or more of the following: require the AEMC to give a report on a MCE directed review to the MCE within a specified period; require the AEMC to make the report on a MCE directed review publicly available or available to specified persons or bodies; require the AEMC to make a draft report publicly available or available to specified persons or bodies during a MCE directed review; require the AEMC to consider specified matters in the conduct of a MCE directed review; require the AEMC to have specified objectives in the conduct of a MCE directed review which need not be limited by the national gas objective; require the AEMC to assess a particular matter in relation to services provided in a market for gas against specified criteria or a specified methodology; require the AEMC— to assess a particular matter in relation to services provided in a market for gas; and to develop appropriate and relevant criteria, or an appropriate and relevant methodology, for the purpose of the required assessment; give the AEMC other specific directions in respect of the conduct of a MCE directed review.\n- 1 about a specific matter within a specified time; or\n- 2 whenever a specified event occurs; or\n- 3 on an annual basis.\n- (a) require the AEMC to give a report on a MCE directed review to the MCE within a specified period;\n- (b) require the AEMC to make the report on a MCE directed review publicly available or available to specified persons or bodies;\n- (c) require the AEMC to make a draft report publicly available or available to specified persons or bodies during a MCE directed review;\n- (d) require the AEMC to consider specified matters in the conduct of a MCE directed review;\n- (e) require the AEMC to have specified objectives in the conduct of a MCE directed review which need not be limited by the national gas objective;\n- (f) require the AEMC to assess a particular matter in relation to services provided in a market for gas against specified criteria or a specified methodology;\n- (g) require the AEMC— (i) to assess a particular matter in relation to services provided in a market for gas; and (ii) to develop appropriate and relevant criteria, or an appropriate and relevant methodology, for the purpose of the required assessment;\n- (i) to assess a particular matter in relation to services provided in a market for gas; and\n- (ii) to develop appropriate and relevant criteria, or an appropriate and relevant methodology, for the purpose of the required assessment;\n- (h) give the AEMC other specific directions in respect of the conduct of a MCE directed review.\n- (i) to assess a particular matter in relation to services provided in a market for gas; and\n- (ii) to develop appropriate and relevant criteria, or an appropriate and relevant methodology, for the purpose of the required assessment;","sortOrder":181},{"sectionNumber":"sec.81","sectionType":"section","heading":"Notice of MCE directed review","content":"### sec.81 Notice of MCE directed review\n\nThe AEMC must publish notice of a MCE directed review on its website.\nThe AEMC must publish a further such notice if a term of reference or a requirement or direction relating to the MCE directed review is varied.\ns 81 amd 2021 No. 3 (SA) s 39\n(sec.81-ssec.1) The AEMC must publish notice of a MCE directed review on its website.\n(sec.81-ssec.2) The AEMC must publish a further such notice if a term of reference or a requirement or direction relating to the MCE directed review is varied.","sortOrder":182},{"sectionNumber":"sec.82","sectionType":"section","heading":"Conduct of MCE directed review","content":"### sec.82 Conduct of MCE directed review\n\nSubject to any requirement or direction of the MCE, a MCE directed review—\nmay be conducted in such manner as the AEMC considers appropriate; and\nmay (but need not) involve public hearings.\n- (a) may be conducted in such manner as the AEMC considers appropriate; and\n- (b) may (but need not) involve public hearings.","sortOrder":183},{"sectionNumber":"ch.2-pt.2-div.5","sectionType":"division","heading":"Other reviews","content":"## Other reviews","sortOrder":184},{"sectionNumber":"sec.83","sectionType":"section","heading":"Rule reviews by the AEMC","content":"### sec.83 Rule reviews by the AEMC\n\nThe AEMC may conduct a review into—\nthe operation and effectiveness of the Rules; or\nany matter relating to the Rules.\nA review—\nmay be conducted in such manner as the AEMC considers appropriate; and\nmay (but need not) involve public hearings.\nDuring the course of a review, the AEMC may—\nconsult with any person or body that it considers appropriate;\nestablish working groups to assist it in relation to any aspect, or any matter or thing that is the subject of, the review;\ncommission reports by other persons on its behalf on any aspect, or matter or thing that is the subject of, the review;\npublish discussion papers or draft reports.\nAt the completion of a review, the AEMC must—\ngive a copy of the report to the MCE; and\npublish a report or a version of a report from which confidential information has been omitted in accordance with section 331 .\n(sec.83-ssec.1) The AEMC may conduct a review into— the operation and effectiveness of the Rules; or any matter relating to the Rules.\n(sec.83-ssec.2) A review— may be conducted in such manner as the AEMC considers appropriate; and may (but need not) involve public hearings.\n(sec.83-ssec.3) During the course of a review, the AEMC may— consult with any person or body that it considers appropriate; establish working groups to assist it in relation to any aspect, or any matter or thing that is the subject of, the review; commission reports by other persons on its behalf on any aspect, or matter or thing that is the subject of, the review; publish discussion papers or draft reports.\n(sec.83-ssec.4) At the completion of a review, the AEMC must— give a copy of the report to the MCE; and publish a report or a version of a report from which confidential information has been omitted in accordance with section 331 .\n- (a) the operation and effectiveness of the Rules; or\n- (b) any matter relating to the Rules.\n- (a) may be conducted in such manner as the AEMC considers appropriate; and\n- (b) may (but need not) involve public hearings.\n- (a) consult with any person or body that it considers appropriate;\n- (b) establish working groups to assist it in relation to any aspect, or any matter or thing that is the subject of, the review;\n- (c) commission reports by other persons on its behalf on any aspect, or matter or thing that is the subject of, the review;\n- (d) publish discussion papers or draft reports.\n- (a) give a copy of the report to the MCE; and\n- (b) publish a report or a version of a report from which confidential information has been omitted in accordance with section 331 .","sortOrder":185},{"sectionNumber":"ch.2-pt.2-div.6","sectionType":"division","heading":"Miscellaneous matters","content":"## Miscellaneous matters","sortOrder":186},{"sectionNumber":"sec.83A","sectionType":"section","heading":null,"content":"### Section sec.83A\n\ns 83A ins 2017 No. 23 (SA) s 4\nsub 2022 No. 21 (SA) s 46\nom 2023 No. 36 (SA) s 22","sortOrder":187},{"sectionNumber":"sec.83AA","sectionType":"section","heading":null,"content":"### Section sec.83AA\n\ns 83AA ins 2022 No. 21 (SA) s 46\nom 2023 No. 36 (SA) s 22","sortOrder":188},{"sectionNumber":"sec.83B","sectionType":"section","heading":"Standard market timetable","content":"### sec.83B Standard market timetable\n\nWithout limiting any other provision, the Rules may provide for a standard market timetable.\nThe standard market timetable may do the following:\nspecify the start time of a standard gas day;\nprovide for the times for nominations and renominations for the use of transportation services and deliveries or receipts of covered gas;\nprovide for the circumstances in which the standard market timetable must be used, which may include provision in relation to any of the following:\ntransportation services;\nthe supply, production, blending or storage of covered gas;\nthe measurement and allocation of deliveries or receipts of covered gas;\na regulated gas market, a gas trading exchange and a capacity auction.\nWithout limiting any other provision, the Rules may require a person of the following kind to use the standard market timetable in accordance with the Rules:\na transportation service provider;\na transportation facility user;\na person who measures, or determines the allocation of, deliveries or receipts of covered gas;\na producer;\na blend processing service provider;\na storage provider;\nany other person of a kind prescribed by the Regulations for the purposes of this subsection.\ns 83B ins 2018 No. 23 (SA) s 9\namd 2023 No. 36 (SA) s 23\n(sec.83B-ssec.1) Without limiting any other provision, the Rules may provide for a standard market timetable.\n(sec.83B-ssec.2) The standard market timetable may do the following: specify the start time of a standard gas day; provide for the times for nominations and renominations for the use of transportation services and deliveries or receipts of covered gas; provide for the circumstances in which the standard market timetable must be used, which may include provision in relation to any of the following: transportation services; the supply, production, blending or storage of covered gas; the measurement and allocation of deliveries or receipts of covered gas; a regulated gas market, a gas trading exchange and a capacity auction.\n(sec.83B-ssec.3) Without limiting any other provision, the Rules may require a person of the following kind to use the standard market timetable in accordance with the Rules: a transportation service provider; a transportation facility user; a person who measures, or determines the allocation of, deliveries or receipts of covered gas; a producer; a blend processing service provider; a storage provider; any other person of a kind prescribed by the Regulations for the purposes of this subsection.\n- (a) specify the start time of a standard gas day;\n- (b) provide for the times for nominations and renominations for the use of transportation services and deliveries or receipts of covered gas;\n- (c) provide for the circumstances in which the standard market timetable must be used, which may include provision in relation to any of the following: (i) transportation services; (ii) the supply, production, blending or storage of covered gas; (iii) the measurement and allocation of deliveries or receipts of covered gas; (iv) a regulated gas market, a gas trading exchange and a capacity auction.\n- (i) transportation services;\n- (ii) the supply, production, blending or storage of covered gas;\n- (iii) the measurement and allocation of deliveries or receipts of covered gas;\n- (iv) a regulated gas market, a gas trading exchange and a capacity auction.\n- (i) transportation services;\n- (ii) the supply, production, blending or storage of covered gas;\n- (iii) the measurement and allocation of deliveries or receipts of covered gas;\n- (iv) a regulated gas market, a gas trading exchange and a capacity auction.\n- (a) a transportation service provider;\n- (b) a transportation facility user;\n- (c) a person who measures, or determines the allocation of, deliveries or receipts of covered gas;\n- (d) a producer;\n- (da) a blend processing service provider;\n- (e) a storage provider;\n- (f) any other person of a kind prescribed by the Regulations for the purposes of this subsection.","sortOrder":189},{"sectionNumber":"sec.83C","sectionType":"section","heading":"Use of the standard market timetable","content":"### sec.83C Use of the standard market timetable\n\nA person required by the Rules to use the standard market timetable must do so in accordance with the Rules.\ns 83C ins 2018 No. 23 (SA) s 9","sortOrder":190},{"sectionNumber":"sec.83D","sectionType":"section","heading":"False or misleading statements","content":"### sec.83D False or misleading statements\n\nA person of the following kind must not, in connection with the supply or possible supply of goods and services, make a false or misleading representation concerning the effect of a requirement for the person to use the standard market timetable on the price for the supply of the goods or services:\na transportation service provider;\na transportation facility user;\na person who measures, or determines the allocation of, deliveries or receipts of covered gas;\na producer;\na blend processing service provider;\na storage provider;\nany other person of a kind prescribed by the Regulations for the purposes of section 83B (3) (f) .\nMaximum penalty:\nin the case of a natural person—$3 400;\nin the case of a body corporate—$17 000.\nSee Schedule 2 clause 47B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.\ns 83D ins 2018 No. 23 (SA) s 9\namd 2020 No. 37 (SA) s 55 ; 2023 No. 36 (SA) s 24\n- (a) a transportation service provider;\n- (b) a transportation facility user;\n- (c) a person who measures, or determines the allocation of, deliveries or receipts of covered gas;\n- (d) a producer;\n- (da) a blend processing service provider;\n- (e) a storage provider;\n- (f) any other person of a kind prescribed by the Regulations for the purposes of section 83B (3) (f) .\n- (a) in the case of a natural person—$3 400;\n- (b) in the case of a body corporate—$17 000.","sortOrder":191},{"sectionNumber":"sec.84","sectionType":"section","heading":"AEMC must publish and make available up to date versions of Rules","content":"### sec.84 AEMC must publish and make available up to date versions of Rules\n\nThe AEMC must, at all times—\nmaintain, on its website, a copy of the National Gas Rules, as in force from time to time; and\nmake copies of the National Gas Rules, as in force from time to time, available to the public for inspection at its offices during business hours.\n- (a) maintain, on its website, a copy of the National Gas Rules, as in force from time to time; and\n- (b) make copies of the National Gas Rules, as in force from time to time, available to the public for inspection at its offices during business hours.","sortOrder":192},{"sectionNumber":"sec.85","sectionType":"section","heading":"Fees","content":"### sec.85 Fees\n\nThe AEMC may charge a fee specified, or a fee calculated in accordance with a formula or methodology specified, in the Regulations for services provided by it in performing or exercising any of its functions or powers under this Law, the Regulations or the Rules.\nThe fee must not be such as to amount to taxation.\n(sec.85-ssec.1) The AEMC may charge a fee specified, or a fee calculated in accordance with a formula or methodology specified, in the Regulations for services provided by it in performing or exercising any of its functions or powers under this Law, the Regulations or the Rules.\n(sec.85-ssec.2) The fee must not be such as to amount to taxation.","sortOrder":193},{"sectionNumber":"sec.86","sectionType":"section","heading":"Immunity from personal liability of AEMC officials","content":"### sec.86 Immunity from personal liability of AEMC officials\n\nNo personal liability attaches to an AEMC official for an act or omission in good faith in the performance or exercise, or purported performance or exercise of a function or power under this Law, the Regulations or the Rules.\nA liability that would, but for subsection (1) , lie against an AEMC official lies instead against the AEMC.\nIn this section—\nAEMC official means—\na member of the AEMC;\nthe chief executive of the AEMC;\na member of staff appointed by the AEMC.\n(sec.86-ssec.1) No personal liability attaches to an AEMC official for an act or omission in good faith in the performance or exercise, or purported performance or exercise of a function or power under this Law, the Regulations or the Rules.\n(sec.86-ssec.2) A liability that would, but for subsection (1) , lie against an AEMC official lies instead against the AEMC.\n(sec.86-ssec.3) In this section— AEMC official means— a member of the AEMC; the chief executive of the AEMC; a member of staff appointed by the AEMC.\n- (a) a member of the AEMC;\n- (b) the chief executive of the AEMC;\n- (c) a member of staff appointed by the AEMC.","sortOrder":194},{"sectionNumber":"ch.2-pt.3","sectionType":"part","heading":"Functions and powers of Ministers of participating jurisdictions","content":"# Functions and powers of Ministers of participating jurisdictions","sortOrder":195},{"sectionNumber":"sec.87","sectionType":"section","heading":"Functions and powers of Minister of this participating jurisdiction under this Law","content":"### sec.87 Functions and powers of Minister of this participating jurisdiction under this Law\n\nThe Minister of this participating jurisdiction has the functions and powers conferred on him or her under this Law, the Regulations or the Rules.\nThe Minister of this participating jurisdiction has power to do all things necessary or convenient to be done for or in connection with the performance of his or her functions.\nIn this section—\nMinister of this participating jurisdiction means the Minister that administers the Act of this jurisdiction that applies this Law or a part of this Law as a law of this jurisdiction—see section 22 (b) .\ns 87 amd 2021 No. 3 (SA) s 40\n(sec.87-ssec.1) The Minister of this participating jurisdiction has the functions and powers conferred on him or her under this Law, the Regulations or the Rules.\n(sec.87-ssec.2) The Minister of this participating jurisdiction has power to do all things necessary or convenient to be done for or in connection with the performance of his or her functions.\n(sec.87-ssec.3) In this section— Minister of this participating jurisdiction means the Minister that administers the Act of this jurisdiction that applies this Law or a part of this Law as a law of this jurisdiction—see section 22 (b) .","sortOrder":196},{"sectionNumber":"sec.88","sectionType":"section","heading":null,"content":"### Section sec.88\n\ns 88 om 2022 No. 21 (SA) s 47","sortOrder":197},{"sectionNumber":"ch.2-pt.4","sectionType":"part","heading":null,"content":"","sortOrder":198},{"sectionNumber":"sec.89","sectionType":"section","heading":null,"content":"### Section sec.89\n\ns 89 om 2022 No. 21 (SA) s 48","sortOrder":199},{"sectionNumber":"sec.90","sectionType":"section","heading":null,"content":"### Section sec.90\n\ns 90 om 2022 No. 21 (SA) s 48","sortOrder":200},{"sectionNumber":"ch.2-pt.5","sectionType":"part","heading":"Functions and powers of Tribunal","content":"# Functions and powers of Tribunal","sortOrder":201},{"sectionNumber":"sec.91","sectionType":"section","heading":"Functions and powers of Tribunal under this Law","content":"### sec.91 Functions and powers of Tribunal under this Law\n\nThe Tribunal has the functions and powers conferred on it under Chapter 8 Part 5 and any Regulations made for the purposes of that Division.\nThe Tribunal has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n(sec.91-ssec.1) The Tribunal has the functions and powers conferred on it under Chapter 8 Part 5 and any Regulations made for the purposes of that Division.\n(sec.91-ssec.2) The Tribunal has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.","sortOrder":202},{"sectionNumber":"ch.2-pt.6","sectionType":"part","heading":"Role of AEMO under National Gas Law","content":"# Role of AEMO under National Gas Law","sortOrder":203},{"sectionNumber":"ch.2-pt.6-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":204},{"sectionNumber":"sec.91A","sectionType":"section","heading":"AEMO’s statutory functions","content":"### sec.91A AEMO’s statutory functions\n\nAEMO has the following functions:\nto operate and administer gas markets in accordance with this Law, the Rules and the Procedures;\nto promote the development, and improve the effectiveness of the operation and administration of, gas markets;\nconduct trials relating to the operation and administration of markets, or parts of markets, capacity auctions and transaction support arrangements that are or will be governed by this Law, the Rules and the Procedures;\nto register persons as Registered participants;\nto exempt certain persons from being registered as Registered participants;\nto facilitate retail customer transfer, metering and retail competition (including balancing, allocation and reconciliation of gas deliveries and withdrawals to and from subnetworks);\nthe east coast gas system reliability and supply adequacy functions;\nto disclose information held by AEMO to other persons or bodies in accordance with this Law, the Rules, the Procedures and the Regulations;\nto provide advisory and support services related to information held by, or otherwise available to, AEMO;\nfor an adoptive jurisdiction—the declared system functions or STTM functions (as the case requires);\nto make, amend or revoke Procedures;\nthe gas trading exchange functions;\nthe capacity auction functions;\nto establish, operate and administer transaction support arrangements;\nto operate and maintain the Gas Bulletin Board;\nto prepare, periodically review, revise, and publish the gas statement of opportunities;\nto investigate breaches or possible breaches of the Procedures;\nany functions conferred by jurisdictional gas legislation or an application Act;\nany other functions conferred under this Law, the Rules or the Procedures.\nAEMO has additional functions under its Constitution.\nIt should be noted that AEMO’s statutory functions include its functions under the National Electricity Law and the National Electricity Rules: see definition of statutory functions in section 2 .\nAEMO also has responsibilities, under Part 4 of the Australian Energy Market Commission Establishment Act 2004 of South Australia, related to administrative costs associated with the work of the Consumer Advocacy Panel.\nAEMO has additional functions and powers under the National Energy Retail Law and the National Energy Retail Rules.\nAEMO must, in carrying out functions referred to in this section have regard to the national gas objective.\ns 91A ins 2009 No. 30 (SA) s 14\namd 2009 No. 46 (SA) s 8 ; 2009 No. 46 (SA) s 17 ; 2011 No. 7 (SA) s 59 ; 2013 No. 54 (SA) s 6 ; 2018 No. 23 (SA) s 10 ; 2023 No. 7 (SA) s 6 ; 2023 No. 36 (SA) s 25 ; 2025 No. 7 (SA) s 10\n(sec.91A-ssec.1) AEMO has the following functions: to operate and administer gas markets in accordance with this Law, the Rules and the Procedures; to promote the development, and improve the effectiveness of the operation and administration of, gas markets; conduct trials relating to the operation and administration of markets, or parts of markets, capacity auctions and transaction support arrangements that are or will be governed by this Law, the Rules and the Procedures; to register persons as Registered participants; to exempt certain persons from being registered as Registered participants; to facilitate retail customer transfer, metering and retail competition (including balancing, allocation and reconciliation of gas deliveries and withdrawals to and from subnetworks); the east coast gas system reliability and supply adequacy functions; to disclose information held by AEMO to other persons or bodies in accordance with this Law, the Rules, the Procedures and the Regulations; to provide advisory and support services related to information held by, or otherwise available to, AEMO; for an adoptive jurisdiction—the declared system functions or STTM functions (as the case requires); to make, amend or revoke Procedures; the gas trading exchange functions; the capacity auction functions; to establish, operate and administer transaction support arrangements; to operate and maintain the Gas Bulletin Board; to prepare, periodically review, revise, and publish the gas statement of opportunities; to investigate breaches or possible breaches of the Procedures; any functions conferred by jurisdictional gas legislation or an application Act; any other functions conferred under this Law, the Rules or the Procedures. AEMO has additional functions under its Constitution. It should be noted that AEMO’s statutory functions include its functions under the National Electricity Law and the National Electricity Rules: see definition of statutory functions in section 2 . AEMO also has responsibilities, under Part 4 of the Australian Energy Market Commission Establishment Act 2004 of South Australia, related to administrative costs associated with the work of the Consumer Advocacy Panel. AEMO has additional functions and powers under the National Energy Retail Law and the National Energy Retail Rules.\n(sec.91A-ssec.2) AEMO must, in carrying out functions referred to in this section have regard to the national gas objective.\n- (a) to operate and administer gas markets in accordance with this Law, the Rules and the Procedures;\n- (b) to promote the development, and improve the effectiveness of the operation and administration of, gas markets;\n- (ba) conduct trials relating to the operation and administration of markets, or parts of markets, capacity auctions and transaction support arrangements that are or will be governed by this Law, the Rules and the Procedures;\n- (c) to register persons as Registered participants;\n- (d) to exempt certain persons from being registered as Registered participants;\n- (e) to facilitate retail customer transfer, metering and retail competition (including balancing, allocation and reconciliation of gas deliveries and withdrawals to and from subnetworks);\n- (ea) the east coast gas system reliability and supply adequacy functions;\n- (eb) to disclose information held by AEMO to other persons or bodies in accordance with this Law, the Rules, the Procedures and the Regulations;\n- (ec) to provide advisory and support services related to information held by, or otherwise available to, AEMO;\n- (f) for an adoptive jurisdiction—the declared system functions or STTM functions (as the case requires);\n- (g) to make, amend or revoke Procedures;\n- (ga) the gas trading exchange functions;\n- (gb) the capacity auction functions;\n- (gc) to establish, operate and administer transaction support arrangements;\n- (h) to operate and maintain the Gas Bulletin Board;\n- (i) to prepare, periodically review, revise, and publish the gas statement of opportunities;\n- (j) to investigate breaches or possible breaches of the Procedures;\n- (k) any functions conferred by jurisdictional gas legislation or an application Act;\n- (l) any other functions conferred under this Law, the Rules or the Procedures. Notes— 1 AEMO has additional functions under its Constitution. 2 It should be noted that AEMO’s statutory functions include its functions under the National Electricity Law and the National Electricity Rules: see definition of statutory functions in section 2 . 3 AEMO also has responsibilities, under Part 4 of the Australian Energy Market Commission Establishment Act 2004 of South Australia, related to administrative costs associated with the work of the Consumer Advocacy Panel. 4 AEMO has additional functions and powers under the National Energy Retail Law and the National Energy Retail Rules.\n- 1 AEMO has additional functions under its Constitution.\n- 2 It should be noted that AEMO’s statutory functions include its functions under the National Electricity Law and the National Electricity Rules: see definition of statutory functions in section 2 .\n- 3 AEMO also has responsibilities, under Part 4 of the Australian Energy Market Commission Establishment Act 2004 of South Australia, related to administrative costs associated with the work of the Consumer Advocacy Panel.\n- 4 AEMO has additional functions and powers under the National Energy Retail Law and the National Energy Retail Rules.\n- 1 AEMO has additional functions under its Constitution.\n- 2 It should be noted that AEMO’s statutory functions include its functions under the National Electricity Law and the National Electricity Rules: see definition of statutory functions in section 2 .\n- 3 AEMO also has responsibilities, under Part 4 of the Australian Energy Market Commission Establishment Act 2004 of South Australia, related to administrative costs associated with the work of the Consumer Advocacy Panel.\n- 4 AEMO has additional functions and powers under the National Energy Retail Law and the National Energy Retail Rules.","sortOrder":205},{"sectionNumber":"sec.91AB","sectionType":"section","heading":"AEMO’s power to carry out statutory functions","content":"### sec.91AB AEMO’s power to carry out statutory functions\n\nAEMO has the power to do all things necessary or convenient for or in connection with its statutory functions.\ns 91AB ins 2009 No. 30 (SA) s 14","sortOrder":206},{"sectionNumber":"sec.91AC","sectionType":"section","heading":"Delegation","content":"### sec.91AC Delegation\n\nSubject to subsection (2) and the Rules, AEMO may delegate any of its functions or powers under this Law, the Rules or the Procedures to—\na director, officer or employee of AEMO; or\na member of a committee established by AEMO.\nHowever, a function or power classified by the Regulations as non-delegable cannot be delegated.\nA delegate may, subject to AEMO’s directions, subdelegate a delegated function or power to a director, officer or employee of AEMO.\nA delegate (or subdelegate) must comply with any direction given by AEMO that is relevant to the exercise of the delegated functions or powers.\ns 91AC ins 2009 No. 30 (SA) s 14\n(sec.91AC-ssec.1) Subject to subsection (2) and the Rules, AEMO may delegate any of its functions or powers under this Law, the Rules or the Procedures to— a director, officer or employee of AEMO; or a member of a committee established by AEMO.\n(sec.91AC-ssec.2) However, a function or power classified by the Regulations as non-delegable cannot be delegated.\n(sec.91AC-ssec.3) A delegate may, subject to AEMO’s directions, subdelegate a delegated function or power to a director, officer or employee of AEMO.\n(sec.91AC-ssec.4) A delegate (or subdelegate) must comply with any direction given by AEMO that is relevant to the exercise of the delegated functions or powers.\n- (a) a director, officer or employee of AEMO; or\n- (b) a member of a committee established by AEMO.","sortOrder":207},{"sectionNumber":"ch.2-pt.6-div.1A","sectionType":"division","heading":"AEMO’s east coast gas system reliability and supply adequacy functions","content":"## AEMO’s east coast gas system reliability and supply adequacy functions","sortOrder":208},{"sectionNumber":"sec.91AD","sectionType":"section","heading":"AEMO’s east coast gas system reliability and supply adequacy functions","content":"### sec.91AD AEMO’s east coast gas system reliability and supply adequacy functions\n\nAEMO’s east coast gas system reliability and supply adequacy functions are as follows:\nto monitor trends in the supply of, and demand for, covered gas in the east coast gas system and factors affecting, or that may potentially affect, the reliability or adequacy of the supply of gas within that system;\nto identify and communicate actual or potential risks or threats to the reliability or adequacy of the supply of covered gas within the east coast gas system;\nto report to and advise the MCE, including a member of the MCE, on matters relating to the reliability or adequacy of the supply of covered gas within the east coast gas system;\nto publish information relating to the reliability or adequacy of the supply of covered gas within the east coast gas system;\nto give directions to relevant entities to the extent AEMO considers necessary to maintain and improve the reliability or adequacy of the supply of covered gas within the east coast gas system;\nto trade in covered gas or to purchase pipeline services or services provided by a compression service provider, blend processing service provider or a storage provider to the extent AEMO considers necessary to maintain and improve the reliability or adequacy of the supply of covered gas within the east coast gas system;\nother functions conferred on AEMO by the Rules for the purposes of this section;\nto make, amend or revoke Procedures ( East Coast Gas System Procedures ) relating to a function specified in paragraphs (a) to (g) .\nAEMO must not exercise the function specified in subsection (1) (f) unless AEMO is of the opinion that the trade or purchase is necessary to prevent, reduce or mitigate an actual or potential threat identified by AEMO in the exercise of the function specified in subsection (1) (b) .\nAEMO must, within 3 months after the commencement of this section—\nprepare, in accordance with the Rules, guidelines relating to the exercise or performance of the functions specified in subsection (1) (e) and (f) ; and\npublish the guidelines on its website.\nThe Regulations may specify the following:\nthe relationship between the operation of this Division, or a provision of this Division, and a law of a participating jurisdiction, in the event of an inconsistency;\nthe extent to which a relevant entity is or is not required to comply with an east coast gas system direction in circumstances where the direction is inconsistent with a law of a participating jurisdiction;\nthe extent to which an east coast gas system direction is not valid in circumstances where the direction is inconsistent with a law of a participating jurisdiction.\nThe Rules may specify the following:\nthe matters that AEMO may or must consider in determining there is or is not an actual or potential threat to the reliability or adequacy of the supply of covered gas within the east coast gas system;\nthe kinds of directions that AEMO may or may not give under this section;\nthe matters that AEMO may or must consider in determining whether to exercise a function specified in subsection (1) (e) or (f) .\ns 91AD ins 2023 No. 7 (SA) s 7\namd 2023 No. 36 (SA) s 26\n(sec.91AD-ssec.1) AEMO’s east coast gas system reliability and supply adequacy functions are as follows: to monitor trends in the supply of, and demand for, covered gas in the east coast gas system and factors affecting, or that may potentially affect, the reliability or adequacy of the supply of gas within that system; to identify and communicate actual or potential risks or threats to the reliability or adequacy of the supply of covered gas within the east coast gas system; to report to and advise the MCE, including a member of the MCE, on matters relating to the reliability or adequacy of the supply of covered gas within the east coast gas system; to publish information relating to the reliability or adequacy of the supply of covered gas within the east coast gas system; to give directions to relevant entities to the extent AEMO considers necessary to maintain and improve the reliability or adequacy of the supply of covered gas within the east coast gas system; to trade in covered gas or to purchase pipeline services or services provided by a compression service provider, blend processing service provider or a storage provider to the extent AEMO considers necessary to maintain and improve the reliability or adequacy of the supply of covered gas within the east coast gas system; other functions conferred on AEMO by the Rules for the purposes of this section; to make, amend or revoke Procedures ( East Coast Gas System Procedures ) relating to a function specified in paragraphs (a) to (g) .\n(sec.91AD-ssec.2) AEMO must not exercise the function specified in subsection (1) (f) unless AEMO is of the opinion that the trade or purchase is necessary to prevent, reduce or mitigate an actual or potential threat identified by AEMO in the exercise of the function specified in subsection (1) (b) .\n(sec.91AD-ssec.3) AEMO must, within 3 months after the commencement of this section— prepare, in accordance with the Rules, guidelines relating to the exercise or performance of the functions specified in subsection (1) (e) and (f) ; and publish the guidelines on its website.\n(sec.91AD-ssec.4) The Regulations may specify the following: the relationship between the operation of this Division, or a provision of this Division, and a law of a participating jurisdiction, in the event of an inconsistency; the extent to which a relevant entity is or is not required to comply with an east coast gas system direction in circumstances where the direction is inconsistent with a law of a participating jurisdiction; the extent to which an east coast gas system direction is not valid in circumstances where the direction is inconsistent with a law of a participating jurisdiction.\n(sec.91AD-ssec.5) The Rules may specify the following: the matters that AEMO may or must consider in determining there is or is not an actual or potential threat to the reliability or adequacy of the supply of covered gas within the east coast gas system; the kinds of directions that AEMO may or may not give under this section; the matters that AEMO may or must consider in determining whether to exercise a function specified in subsection (1) (e) or (f) .\n- (a) to monitor trends in the supply of, and demand for, covered gas in the east coast gas system and factors affecting, or that may potentially affect, the reliability or adequacy of the supply of gas within that system;\n- (b) to identify and communicate actual or potential risks or threats to the reliability or adequacy of the supply of covered gas within the east coast gas system;\n- (c) to report to and advise the MCE, including a member of the MCE, on matters relating to the reliability or adequacy of the supply of covered gas within the east coast gas system;\n- (d) to publish information relating to the reliability or adequacy of the supply of covered gas within the east coast gas system;\n- (e) to give directions to relevant entities to the extent AEMO considers necessary to maintain and improve the reliability or adequacy of the supply of covered gas within the east coast gas system;\n- (f) to trade in covered gas or to purchase pipeline services or services provided by a compression service provider, blend processing service provider or a storage provider to the extent AEMO considers necessary to maintain and improve the reliability or adequacy of the supply of covered gas within the east coast gas system;\n- (g) other functions conferred on AEMO by the Rules for the purposes of this section;\n- (h) to make, amend or revoke Procedures ( East Coast Gas System Procedures ) relating to a function specified in paragraphs (a) to (g) .\n- (a) prepare, in accordance with the Rules, guidelines relating to the exercise or performance of the functions specified in subsection (1) (e) and (f) ; and\n- (b) publish the guidelines on its website.\n- (a) the relationship between the operation of this Division, or a provision of this Division, and a law of a participating jurisdiction, in the event of an inconsistency;\n- (b) the extent to which a relevant entity is or is not required to comply with an east coast gas system direction in circumstances where the direction is inconsistent with a law of a participating jurisdiction;\n- (c) the extent to which an east coast gas system direction is not valid in circumstances where the direction is inconsistent with a law of a participating jurisdiction.\n- (a) the matters that AEMO may or must consider in determining there is or is not an actual or potential threat to the reliability or adequacy of the supply of covered gas within the east coast gas system;\n- (b) the kinds of directions that AEMO may or may not give under this section;\n- (c) the matters that AEMO may or must consider in determining whether to exercise a function specified in subsection (1) (e) or (f) .","sortOrder":209},{"sectionNumber":"sec.91AE","sectionType":"section","heading":"AEMO to account to relevant Minister for performance of east coast gas system reliability and supply adequacy functions","content":"### sec.91AE AEMO to account to relevant Minister for performance of east coast gas system reliability and supply adequacy functions\n\nAEMO must, at the written request of a Minister of a participating jurisdiction that is an east coast jurisdiction, provide information about the performance of its east coast gas system reliability and supply adequacy functions in relation to that jurisdiction.\nAEMO must, at the written request of the MCE, provide information about the performance of its east coast gas system reliability and supply adequacy functions in accordance with the request.\nProtected information provided in response to a request under this section must be identified as such by AEMO at the time of providing the information.\nNo fee is to be charged for the provision of information under this section.\ns 91AE ins 2023 No. 7 (SA) s 7\n(sec.91AE-ssec.1) AEMO must, at the written request of a Minister of a participating jurisdiction that is an east coast jurisdiction, provide information about the performance of its east coast gas system reliability and supply adequacy functions in relation to that jurisdiction.\n(sec.91AE-ssec.2) AEMO must, at the written request of the MCE, provide information about the performance of its east coast gas system reliability and supply adequacy functions in accordance with the request.\n(sec.91AE-ssec.3) Protected information provided in response to a request under this section must be identified as such by AEMO at the time of providing the information.\n(sec.91AE-ssec.4) No fee is to be charged for the provision of information under this section.","sortOrder":210},{"sectionNumber":"sec.91AF","sectionType":"section","heading":"AEMO’s power of direction—east coast gas system reliability and supply adequacy","content":"### sec.91AF AEMO’s power of direction—east coast gas system reliability and supply adequacy\n\nAEMO may give a written direction (an east coast gas system direction ) to a relevant entity for 1 or more of the following purposes:\nto maintain and improve the reliability of the supply of covered gas within the east coast gas system;\nto maintain and improve the adequacy of the supply of covered gas within the east coast gas system.\nA direction must not be given under subsection (1) unless AEMO is of the opinion that the giving of the direction is necessary to prevent, reduce or mitigate an actual or potential threat identified by AEMO in the exercise of the function specified in section 91AD (1) (b) .\nWithout limiting subsection (1) , an east coast gas system direction may relate to 1 or more of the following:\nthe operation, maintenance or use of any equipment or installation;\nthe control of the flow of covered gas;\nany other matter that may affect the reliability or adequacy of the supply of covered gas within the east coast gas system.\nAn east coast gas system direction may apply, adopt or incorporate (with or without modification) a relevant code of practice or standard (made in or outside Australia) as in force or existing when the direction is made or as in force or existing from time to time.\nA prohibition imposed by an east coast gas system direction may be either unconditional or subject to conditions stated in the direction.\nA person to whom an east coast gas system direction applies must comply with the direction to the extent to which compliance is consistent with a law of a participating jurisdiction applying to the person.\nA person incurs no civil monetary liability for damage, loss or injury resulting from an act or omission done or made in good faith and in compliance or purported compliance with an east coast gas system direction.\nIn this section—\nrelevant entity means the following, excluding a small customer:\na Registered participant;\nan exempted participant;\na producer who injects covered gas into the east coast gas system;\na person who buys or sells covered gas in the east coast gas system;\na gas powered generator;\na storage provider whose storage facility is connected to the east coast gas system;\na person who provides pipeline, transport, compression or other related services in, into or out of the east coast gas system;\na person specified as a relevant entity by the Rules;\nsmall customer means—\na small customer within the meaning of section 5 (2) of the National Energy Retail Law ; and\na relevant customer within the meaning of the Order made under section 43 of the Gas Industry Act 2001 of Victoria and published in the Victoria Government Gazette on 25 November 2008.\ns 91AF ins 2023 No. 7 (SA) s 7\namd 2023 No. 36 (SA) s 27\n(sec.91AF-ssec.1) AEMO may give a written direction (an east coast gas system direction ) to a relevant entity for 1 or more of the following purposes: to maintain and improve the reliability of the supply of covered gas within the east coast gas system; to maintain and improve the adequacy of the supply of covered gas within the east coast gas system.\n(sec.91AF-ssec.2) A direction must not be given under subsection (1) unless AEMO is of the opinion that the giving of the direction is necessary to prevent, reduce or mitigate an actual or potential threat identified by AEMO in the exercise of the function specified in section 91AD (1) (b) .\n(sec.91AF-ssec.3) Without limiting subsection (1) , an east coast gas system direction may relate to 1 or more of the following: the operation, maintenance or use of any equipment or installation; the control of the flow of covered gas; any other matter that may affect the reliability or adequacy of the supply of covered gas within the east coast gas system.\n(sec.91AF-ssec.4) An east coast gas system direction may apply, adopt or incorporate (with or without modification) a relevant code of practice or standard (made in or outside Australia) as in force or existing when the direction is made or as in force or existing from time to time.\n(sec.91AF-ssec.5) A prohibition imposed by an east coast gas system direction may be either unconditional or subject to conditions stated in the direction.\n(sec.91AF-ssec.6) A person to whom an east coast gas system direction applies must comply with the direction to the extent to which compliance is consistent with a law of a participating jurisdiction applying to the person.\n(sec.91AF-ssec.7) A person incurs no civil monetary liability for damage, loss or injury resulting from an act or omission done or made in good faith and in compliance or purported compliance with an east coast gas system direction.\n(sec.91AF-ssec.8) In this section— relevant entity means the following, excluding a small customer: a Registered participant; an exempted participant; a producer who injects covered gas into the east coast gas system; a person who buys or sells covered gas in the east coast gas system; a gas powered generator; a storage provider whose storage facility is connected to the east coast gas system; a person who provides pipeline, transport, compression or other related services in, into or out of the east coast gas system; a person specified as a relevant entity by the Rules; small customer means— a small customer within the meaning of section 5 (2) of the National Energy Retail Law ; and a relevant customer within the meaning of the Order made under section 43 of the Gas Industry Act 2001 of Victoria and published in the Victoria Government Gazette on 25 November 2008.\n- (a) to maintain and improve the reliability of the supply of covered gas within the east coast gas system;\n- (b) to maintain and improve the adequacy of the supply of covered gas within the east coast gas system.\n- (a) the operation, maintenance or use of any equipment or installation;\n- (b) the control of the flow of covered gas;\n- (c) any other matter that may affect the reliability or adequacy of the supply of covered gas within the east coast gas system.\n- (a) a Registered participant;\n- (b) an exempted participant;\n- (c) a producer who injects covered gas into the east coast gas system;\n- (d) a person who buys or sells covered gas in the east coast gas system;\n- (e) a gas powered generator;\n- (f) a storage provider whose storage facility is connected to the east coast gas system;\n- (g) a person who provides pipeline, transport, compression or other related services in, into or out of the east coast gas system;\n- (h) a person specified as a relevant entity by the Rules;\n- (a) a small customer within the meaning of section 5 (2) of the National Energy Retail Law ; and\n- (b) a relevant customer within the meaning of the Order made under section 43 of the Gas Industry Act 2001 of Victoria and published in the Victoria Government Gazette on 25 November 2008.","sortOrder":211},{"sectionNumber":"sec.91AG","sectionType":"section","heading":"East Coast Gas System Procedures","content":"### sec.91AG East Coast Gas System Procedures\n\nThe East Coast Gas System Procedures may deal with the following matters:\nthe matters specified by the Rules;\nany other matter relevant to AEMO’s east coast gas system reliability and supply adequacy functions on which this Law or the Rules contemplate the making of Procedures.\nThe East Coast Gas System Procedures—\nmay vary according to the persons, times, places or circumstances to which they are expressed to apply; and\nmay confer functions or powers on, or leave any matter or thing to be decided by, AEMO; and\nmay confer rights or impose obligations on relevant entities; and\nmay require a relevant entity to give an indemnity against injury, damage or loss arising from the entity’s failure to comply with requirements imposed by the Procedures; and\nmay confer power on AEMO to make or issue guidelines, tests, standards and other documents of an administrative nature; and\nmay confer power on AEMO to require a person on whom a right is conferred, or an obligation imposed, under the Procedures—\nto comply with a guideline, standard or other document of an administrative nature; or\nto conduct, or submit to, a test designed by AEMO; and\nmay exempt, or confer a power of exemption, from the application of the Procedures or specified provisions of the Procedures; and\nmay contain provisions of a savings or transitional nature.\nAEMO must not, without the consent of the MCE, make East Coast Gas System Procedures that confer a right or function, or impose an obligation, on the MCE or a Minister of a participating jurisdiction.\nThe East Coast Gas System Procedures must not—\ncreate an offence; or\nprovide for a criminal or civil penalty.\ns 91AG ins 2023 No. 7 (SA) s 7\n(sec.91AG-ssec.1) The East Coast Gas System Procedures may deal with the following matters: the matters specified by the Rules; any other matter relevant to AEMO’s east coast gas system reliability and supply adequacy functions on which this Law or the Rules contemplate the making of Procedures.\n(sec.91AG-ssec.2) The East Coast Gas System Procedures— may vary according to the persons, times, places or circumstances to which they are expressed to apply; and may confer functions or powers on, or leave any matter or thing to be decided by, AEMO; and may confer rights or impose obligations on relevant entities; and may require a relevant entity to give an indemnity against injury, damage or loss arising from the entity’s failure to comply with requirements imposed by the Procedures; and may confer power on AEMO to make or issue guidelines, tests, standards and other documents of an administrative nature; and may confer power on AEMO to require a person on whom a right is conferred, or an obligation imposed, under the Procedures— to comply with a guideline, standard or other document of an administrative nature; or to conduct, or submit to, a test designed by AEMO; and may exempt, or confer a power of exemption, from the application of the Procedures or specified provisions of the Procedures; and may contain provisions of a savings or transitional nature.\n(sec.91AG-ssec.3) AEMO must not, without the consent of the MCE, make East Coast Gas System Procedures that confer a right or function, or impose an obligation, on the MCE or a Minister of a participating jurisdiction.\n(sec.91AG-ssec.4) The East Coast Gas System Procedures must not— create an offence; or provide for a criminal or civil penalty.\n- (a) the matters specified by the Rules;\n- (b) any other matter relevant to AEMO’s east coast gas system reliability and supply adequacy functions on which this Law or the Rules contemplate the making of Procedures.\n- (a) may vary according to the persons, times, places or circumstances to which they are expressed to apply; and\n- (b) may confer functions or powers on, or leave any matter or thing to be decided by, AEMO; and\n- (c) may confer rights or impose obligations on relevant entities; and\n- (d) may require a relevant entity to give an indemnity against injury, damage or loss arising from the entity’s failure to comply with requirements imposed by the Procedures; and\n- (e) may confer power on AEMO to make or issue guidelines, tests, standards and other documents of an administrative nature; and\n- (f) may confer power on AEMO to require a person on whom a right is conferred, or an obligation imposed, under the Procedures— (i) to comply with a guideline, standard or other document of an administrative nature; or (ii) to conduct, or submit to, a test designed by AEMO; and\n- (i) to comply with a guideline, standard or other document of an administrative nature; or\n- (ii) to conduct, or submit to, a test designed by AEMO; and\n- (g) may exempt, or confer a power of exemption, from the application of the Procedures or specified provisions of the Procedures; and\n- (h) may contain provisions of a savings or transitional nature.\n- (i) to comply with a guideline, standard or other document of an administrative nature; or\n- (ii) to conduct, or submit to, a test designed by AEMO; and\n- (a) create an offence; or\n- (b) provide for a criminal or civil penalty.","sortOrder":212},{"sectionNumber":"sec.91AH","sectionType":"section","heading":"Compliance with East Coast Gas System Procedures","content":"### sec.91AH Compliance with East Coast Gas System Procedures\n\nAEMO and each person to whom the East Coast Gas System Procedures are applicable must comply with those Procedures.\nIf AEMO has reasonable grounds to suspect a breach of the East Coast Gas System Procedures, it must, after making such inquiries and investigation as it considers appropriate, make a decision as to whether the breach is a material breach.\nIf AEMO decides the breach is material, AEMO—\nmust publish the decision and the reasons for it on its website; and\nmay direct the person suspected of the breach to rectify it or to take specified measures to ensure future compliance (or both); and\nmay refer the breach to the AER.\nA direction by AEMO under subsection (3) (b) must—\nspecify the breach; and\nspecify the date by which the direction must be complied with; and\nbe addressed to, and given to, the person suspected of the breach.\nA person to whom a direction is given under subsection (3) (b) must comply with the direction.\nAEMO must give a copy of its decision under subsection (2) , its reasons for the decision and (if relevant) any direction under subsection (3) (b) to the AER.\nIf AEMO decides the breach is not material, AEMO must—\npublish the decision and the reasons for the decision on its website; and\ngive a copy of the decision and the reason for the decision to the AER.\nAEMO may provide the AER with relevant information, including protected information, related to a suspected breach of the Procedures. For disclosure of protected information, see section 91GC (2) (b) .\ns 91AH ins 2023 No. 7 (SA) s 7\n(sec.91AH-ssec.1) AEMO and each person to whom the East Coast Gas System Procedures are applicable must comply with those Procedures.\n(sec.91AH-ssec.2) If AEMO has reasonable grounds to suspect a breach of the East Coast Gas System Procedures, it must, after making such inquiries and investigation as it considers appropriate, make a decision as to whether the breach is a material breach.\n(sec.91AH-ssec.3) If AEMO decides the breach is material, AEMO— must publish the decision and the reasons for it on its website; and may direct the person suspected of the breach to rectify it or to take specified measures to ensure future compliance (or both); and may refer the breach to the AER.\n(sec.91AH-ssec.4) A direction by AEMO under subsection (3) (b) must— specify the breach; and specify the date by which the direction must be complied with; and be addressed to, and given to, the person suspected of the breach.\n(sec.91AH-ssec.5) A person to whom a direction is given under subsection (3) (b) must comply with the direction.\n(sec.91AH-ssec.6) AEMO must give a copy of its decision under subsection (2) , its reasons for the decision and (if relevant) any direction under subsection (3) (b) to the AER.\n(sec.91AH-ssec.7) If AEMO decides the breach is not material, AEMO must— publish the decision and the reasons for the decision on its website; and give a copy of the decision and the reason for the decision to the AER. AEMO may provide the AER with relevant information, including protected information, related to a suspected breach of the Procedures. For disclosure of protected information, see section 91GC (2) (b) .\n- (a) must publish the decision and the reasons for it on its website; and\n- (b) may direct the person suspected of the breach to rectify it or to take specified measures to ensure future compliance (or both); and\n- (c) may refer the breach to the AER.\n- (a) specify the breach; and\n- (b) specify the date by which the direction must be complied with; and\n- (c) be addressed to, and given to, the person suspected of the breach.\n- (a) publish the decision and the reasons for the decision on its website; and\n- (b) give a copy of the decision and the reason for the decision to the AER.","sortOrder":213},{"sectionNumber":"ch.2-pt.6-div.2","sectionType":"division","heading":"AEMO’s declared system functions","content":"## AEMO’s declared system functions","sortOrder":214},{"sectionNumber":"sec.91B","sectionType":"section","heading":"Application of this Division","content":"### sec.91B Application of this Division\n\nThis Division applies to, and in relation to, a participating jurisdiction if (and only if) the application Act of that jurisdiction, or an instrument made under that Act, declares that it does so apply.\nIn this Division—\na reference to a storage provider extends to a declared LNG storage provider; and\na reference to natural gas extends to liquefied natural gas stored by the declared LNG storage provider.\nA rule or other form of subordinate legislation made for the purposes of this Division applies to and in relation to a participating jurisdiction if (and only if) this Division applies to and in relation to that jurisdiction.\ns 91B ins 2009 No. 30 (SA) s 14\n(sec.91B-ssec.1) This Division applies to, and in relation to, a participating jurisdiction if (and only if) the application Act of that jurisdiction, or an instrument made under that Act, declares that it does so apply.\n(sec.91B-ssec.2) In this Division— a reference to a storage provider extends to a declared LNG storage provider; and a reference to natural gas extends to liquefied natural gas stored by the declared LNG storage provider.\n(sec.91B-ssec.3) A rule or other form of subordinate legislation made for the purposes of this Division applies to and in relation to a participating jurisdiction if (and only if) this Division applies to and in relation to that jurisdiction.\n- (a) a reference to a storage provider extends to a declared LNG storage provider; and\n- (b) a reference to natural gas extends to liquefied natural gas stored by the declared LNG storage provider.","sortOrder":215},{"sectionNumber":"sec.91BA","sectionType":"section","heading":"AEMO’s declared system functions","content":"### sec.91BA AEMO’s declared system functions\n\nAEMO’s declared system functions are as follows:\nto determine security standards for the declared transmission system;\nto control the operation and security of the declared transmission system;\nto monitor and review the capacity of the declared transmission system and the trends in demand for the injection of gas into, and the withdrawal of gas from, that system;\nto provide information and other services to facilitate decisions for economically efficient investment in the covered gas industry in the adoptive jurisdiction;\nto coordinate the interaction of producers, blend processing service providers, storage providers and service providers for ensuring a safe, secure, reliable and efficient declared transmission system;\nto operate and administer the declared wholesale gas market;\nto make, amend or revoke Procedures governing the operation and administration of the declared wholesale gas market.\nAEMO may trade in covered gas or purchase pipeline services or services provided by a compression service provider, blend processing service provider or a storage provider—\nto the extent necessary or desirable for the safety, security or reliability of a declared transmission system; or\nin an emergency.\nAEMO may, subject to the Rules, suspend a declared wholesale gas market.\ns 91BA ins 2009 No. 30 (SA) s 14\namd 2023 No. 7 (SA) s 8 ; 2023 No. 36 (SA) s 28\n(sec.91BA-ssec.1) AEMO’s declared system functions are as follows: to determine security standards for the declared transmission system; to control the operation and security of the declared transmission system; to monitor and review the capacity of the declared transmission system and the trends in demand for the injection of gas into, and the withdrawal of gas from, that system; to provide information and other services to facilitate decisions for economically efficient investment in the covered gas industry in the adoptive jurisdiction; to coordinate the interaction of producers, blend processing service providers, storage providers and service providers for ensuring a safe, secure, reliable and efficient declared transmission system; to operate and administer the declared wholesale gas market; to make, amend or revoke Procedures governing the operation and administration of the declared wholesale gas market.\n(sec.91BA-ssec.2) AEMO may trade in covered gas or purchase pipeline services or services provided by a compression service provider, blend processing service provider or a storage provider— to the extent necessary or desirable for the safety, security or reliability of a declared transmission system; or in an emergency.\n(sec.91BA-ssec.3) AEMO may, subject to the Rules, suspend a declared wholesale gas market.\n- (a) to determine security standards for the declared transmission system;\n- (b) to control the operation and security of the declared transmission system;\n- (c) to monitor and review the capacity of the declared transmission system and the trends in demand for the injection of gas into, and the withdrawal of gas from, that system;\n- (d) to provide information and other services to facilitate decisions for economically efficient investment in the covered gas industry in the adoptive jurisdiction;\n- (e) to coordinate the interaction of producers, blend processing service providers, storage providers and service providers for ensuring a safe, secure, reliable and efficient declared transmission system;\n- (f) to operate and administer the declared wholesale gas market;\n- (g) to make, amend or revoke Procedures governing the operation and administration of the declared wholesale gas market.\n- (a) to the extent necessary or desirable for the safety, security or reliability of a declared transmission system; or\n- (b) in an emergency.","sortOrder":216},{"sectionNumber":"sec.91BB","sectionType":"section","heading":"AEMO to account to relevant Minister for performance of declared system functions","content":"### sec.91BB AEMO to account to relevant Minister for performance of declared system functions\n\nAEMO must, at the written request of the Minister of an adoptive jurisdiction, provide information about the performance of its declared system functions with respect to that jurisdiction.\nProtected information provided in response to a request under subsection (1) must be identified as such by AEMO at the time of providing the information.\nNo fee is to be charged for the provision of information under this section.\ns 91BB ins 2009 No. 30 (SA) s 14\n(sec.91BB-ssec.1) AEMO must, at the written request of the Minister of an adoptive jurisdiction, provide information about the performance of its declared system functions with respect to that jurisdiction.\n(sec.91BB-ssec.2) Protected information provided in response to a request under subsection (1) must be identified as such by AEMO at the time of providing the information.\n(sec.91BB-ssec.3) No fee is to be charged for the provision of information under this section.","sortOrder":217},{"sectionNumber":"sec.91BC","sectionType":"section","heading":"AEMO’s power of direction","content":"### sec.91BC AEMO’s power of direction\n\nAEMO may give written directions to a Registered participant (or an exempted participant) with respect to the declared transmission system or a declared distribution system for 1 or more of the following purposes:\nto maintain and improve the reliability of the supply of covered gas;\nto maintain and improve the security of the declared transmission system or a declared distribution system;\nin the interests of public safety.\nA direction under this section—\nmay relate to—\nthe operation or use of any equipment or installation; or\nthe control of the flow of covered gas; or\nany other matter that may affect the safety, security or reliability of the declared transmission system or a declared distribution system; but\nmust be consistent with other legislation (including subordinate legislation) relevant to safety in the adoptive jurisdiction but may be contrary to a provision of the Rules or the Procedures.\nA direction under this section may apply, adopt or incorporate (with or without modification) a relevant code of practice or standard (made in or outside Australia) as in force or existing when the direction is made or as in force or existing from time to time.\nA prohibition imposed by a direction under this section may be either unconditional or subject to conditions stated in the direction.\nA person to whom a direction under this section applies must comply with the direction.\nMaximum penalty:\nin the case of a natural person—$34 000;\nin the case of a body corporate—$170 000.\nSee Schedule 2 clause 47B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.\nA person who fails to comply with a direction under this section within the period allowed in the direction commits a further offence for every day the non-compliance continues after the end of that period and is liable to a further penalty of $17 000 for each such offence.\nSee Schedule 2 clause 47B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.\ns 91BC ins 2009 No. 30 (SA) s 14\namd 2020 No. 37 (SA) s 56 ; 2023 No. 36 (SA) s 29\n(sec.91BC-ssec.1) AEMO may give written directions to a Registered participant (or an exempted participant) with respect to the declared transmission system or a declared distribution system for 1 or more of the following purposes: to maintain and improve the reliability of the supply of covered gas; to maintain and improve the security of the declared transmission system or a declared distribution system; in the interests of public safety.\n(sec.91BC-ssec.2) A direction under this section— may relate to— the operation or use of any equipment or installation; or the control of the flow of covered gas; or any other matter that may affect the safety, security or reliability of the declared transmission system or a declared distribution system; but must be consistent with other legislation (including subordinate legislation) relevant to safety in the adoptive jurisdiction but may be contrary to a provision of the Rules or the Procedures.\n(sec.91BC-ssec.3) A direction under this section may apply, adopt or incorporate (with or without modification) a relevant code of practice or standard (made in or outside Australia) as in force or existing when the direction is made or as in force or existing from time to time.\n(sec.91BC-ssec.4) A prohibition imposed by a direction under this section may be either unconditional or subject to conditions stated in the direction.\n(sec.91BC-ssec.5) A person to whom a direction under this section applies must comply with the direction. Maximum penalty: in the case of a natural person—$34 000; in the case of a body corporate—$170 000. See Schedule 2 clause 47B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.\n(sec.91BC-ssec.6) A person who fails to comply with a direction under this section within the period allowed in the direction commits a further offence for every day the non-compliance continues after the end of that period and is liable to a further penalty of $17 000 for each such offence. See Schedule 2 clause 47B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.\n- (a) to maintain and improve the reliability of the supply of covered gas;\n- (b) to maintain and improve the security of the declared transmission system or a declared distribution system;\n- (c) in the interests of public safety.\n- (a) may relate to— (i) the operation or use of any equipment or installation; or (ii) the control of the flow of covered gas; or (iii) any other matter that may affect the safety, security or reliability of the declared transmission system or a declared distribution system; but\n- (i) the operation or use of any equipment or installation; or\n- (ii) the control of the flow of covered gas; or\n- (iii) any other matter that may affect the safety, security or reliability of the declared transmission system or a declared distribution system; but\n- (b) must be consistent with other legislation (including subordinate legislation) relevant to safety in the adoptive jurisdiction but may be contrary to a provision of the Rules or the Procedures.\n- (i) the operation or use of any equipment or installation; or\n- (ii) the control of the flow of covered gas; or\n- (iii) any other matter that may affect the safety, security or reliability of the declared transmission system or a declared distribution system; but\n- (a) in the case of a natural person—$34 000;\n- (b) in the case of a body corporate—$170 000.","sortOrder":218},{"sectionNumber":"sec.91BD","sectionType":"section","heading":"Protection from liability","content":"### sec.91BD Protection from liability\n\nA person incurs no civil monetary liability for damage, loss or injury resulting from an act or omission done or made in good faith and in compliance or purported compliance with a direction under this Subdivision.\ns 91BD ins 2009 No. 30 (SA) s 14","sortOrder":219},{"sectionNumber":"sec.91BE","sectionType":"section","heading":"Service envelope agreement between AEMO and transmission pipeline service provider","content":"### sec.91BE Service envelope agreement between AEMO and transmission pipeline service provider\n\nThe service provider for the declared transmission system must have an agreement (a service envelope agreement ) with AEMO for the control, operation, safety, security and reliability of the declared transmission system.\nUnder the service envelope agreement, the service provider makes the declared transmission system available to AEMO (and, in doing so, provides a pipeline service).\nThe service envelope agreement must—\nstate the capacity of the declared transmission system to be available to AEMO (or how that capacity is to be calculated) at points of injection or withdrawal under the various operating conditions that are likely to prevail from time to time; and\ndeal with any other matters required by the Rules.\nThe AER may, on application by AEMO or a service provider for the declared transmission system, make a determination to resolve a dispute arising from an attempt to negotiate a service envelope agreement or an amendment to a service envelope agreement.\nThe AER may only make a determination under this section if—\nthe AER is satisfied that the applicant has made a reasonable, but unsuccessful, attempt to negotiate the agreement or amendment; and\nthe AER has given AEMO and all service providers for the declared transmission system that are to be affected by the determination an opportunity to make representations about the terms of the proposed determination.\nA determination under this section may determine the terms and conditions of the service envelope agreement or the amendment.\nIf the AER determines the terms and conditions of a service envelope agreement or an amendment to a service envelope agreement, a service envelope agreement is taken to arise, or the service envelope agreement is taken to be amended, in accordance with the AER’s determination.\nA determination under this section takes effect on a date specified in the determination.\nA determination under this section must be published on AEMO’s website.\ns 91BE ins 2009 No. 30 (SA) s 14\n(sec.91BE-ssec.1) The service provider for the declared transmission system must have an agreement (a service envelope agreement ) with AEMO for the control, operation, safety, security and reliability of the declared transmission system.\n(sec.91BE-ssec.2) Under the service envelope agreement, the service provider makes the declared transmission system available to AEMO (and, in doing so, provides a pipeline service).\n(sec.91BE-ssec.3) The service envelope agreement must— state the capacity of the declared transmission system to be available to AEMO (or how that capacity is to be calculated) at points of injection or withdrawal under the various operating conditions that are likely to prevail from time to time; and deal with any other matters required by the Rules.\n(sec.91BE-ssec.4) The AER may, on application by AEMO or a service provider for the declared transmission system, make a determination to resolve a dispute arising from an attempt to negotiate a service envelope agreement or an amendment to a service envelope agreement.\n(sec.91BE-ssec.5) The AER may only make a determination under this section if— the AER is satisfied that the applicant has made a reasonable, but unsuccessful, attempt to negotiate the agreement or amendment; and the AER has given AEMO and all service providers for the declared transmission system that are to be affected by the determination an opportunity to make representations about the terms of the proposed determination.\n(sec.91BE-ssec.6) A determination under this section may determine the terms and conditions of the service envelope agreement or the amendment.\n(sec.91BE-ssec.7) If the AER determines the terms and conditions of a service envelope agreement or an amendment to a service envelope agreement, a service envelope agreement is taken to arise, or the service envelope agreement is taken to be amended, in accordance with the AER’s determination.\n(sec.91BE-ssec.8) A determination under this section takes effect on a date specified in the determination.\n(sec.91BE-ssec.9) A determination under this section must be published on AEMO’s website.\n- (a) state the capacity of the declared transmission system to be available to AEMO (or how that capacity is to be calculated) at points of injection or withdrawal under the various operating conditions that are likely to prevail from time to time; and\n- (b) deal with any other matters required by the Rules.\n- (a) the AER is satisfied that the applicant has made a reasonable, but unsuccessful, attempt to negotiate the agreement or amendment; and\n- (b) the AER has given AEMO and all service providers for the declared transmission system that are to be affected by the determination an opportunity to make representations about the terms of the proposed determination.","sortOrder":220},{"sectionNumber":"sec.91BF","sectionType":"section","heading":"Interconnection with facilities","content":"### sec.91BF Interconnection with facilities\n\nA person must not connect a facility to the declared transmission system unless the person—\nhas AEMO’s permission to do so; or\nis authorised to do so by an access determination.\nA facility includes—\na pipeline;\na blend processing facility;\na storage facility;\na gas fired electricity generator;\nany other plant or equipment that could have a material impact on the operation of the declared transmission system.\ns 91BF ins 2009 No. 30 (SA) s 14\namd 2023 No. 36 (SA) s 30\n(sec.91BF-ssec.1) A person must not connect a facility to the declared transmission system unless the person— has AEMO’s permission to do so; or is authorised to do so by an access determination.\n(sec.91BF-ssec.2) A facility includes— a pipeline; a blend processing facility; a storage facility; a gas fired electricity generator; any other plant or equipment that could have a material impact on the operation of the declared transmission system.\n- (a) has AEMO’s permission to do so; or\n- (b) is authorised to do so by an access determination.\n- (a) a pipeline;\n- (aa) a blend processing facility;\n- (b) a storage facility;\n- (c) a gas fired electricity generator;\n- (d) any other plant or equipment that could have a material impact on the operation of the declared transmission system.","sortOrder":221},{"sectionNumber":"sec.91BG","sectionType":"section","heading":"Operating agreement between AEMO and facility owner","content":"### sec.91BG Operating agreement between AEMO and facility owner\n\nAEMO may require, as a condition of permitting the connection of a facility to the declared transmission system, that the facility owner enter into an agreement (an operating agreement ) with AEMO relating to the operation of that facility.\nAn operating agreement may deal (amongst other things) with the following:\nthe balancing, monitoring and regulation of gas flows between the declared transmission system and the facility;\nthe scheduling of gas flows;\nthe maintenance of a balancing account;\nthe provision of operational information;\noperating pressures;\nthe safety, security and reliability of the declared transmission system and the facility;\nemergency arrangements.\nThe AER may make a determination under this section (an operating agreement determination )—\non application by AEMO or a facility owner to resolve a dispute arising from an attempt to negotiate an operating agreement or an amendment to an operating agreement; or\nin the course of proceedings to resolve an access dispute.\nThe AER may only make an operating agreement determination on an application under subsection (3) (a) if—\nthe AER is satisfied that the applicant has made a reasonable, but unsuccessful, attempt to negotiate the agreement or amendment; and\nthe AER has given AEMO and all service providers for the declared transmission system that are to be affected by the determination an opportunity to make representations about the terms of the proposed determination.\nAn operating agreement determination may determine the terms and conditions of the operating agreement or the amendment.\nIf the AER determines the terms and conditions of an operating agreement or an amendment to an operating agreement, an operating agreement is taken to arise, or the operating agreement is taken to be amended, in accordance with the AER’s determination.\nAn operating agreement determination takes effect on a date specified in the determination.\nAn operating agreement determination must be published on AEMO’s website.\ns 91BG ins 2009 No. 30 (SA) s 14\n(sec.91BG-ssec.1) AEMO may require, as a condition of permitting the connection of a facility to the declared transmission system, that the facility owner enter into an agreement (an operating agreement ) with AEMO relating to the operation of that facility.\n(sec.91BG-ssec.2) An operating agreement may deal (amongst other things) with the following: the balancing, monitoring and regulation of gas flows between the declared transmission system and the facility; the scheduling of gas flows; the maintenance of a balancing account; the provision of operational information; operating pressures; the safety, security and reliability of the declared transmission system and the facility; emergency arrangements.\n(sec.91BG-ssec.3) The AER may make a determination under this section (an operating agreement determination )— on application by AEMO or a facility owner to resolve a dispute arising from an attempt to negotiate an operating agreement or an amendment to an operating agreement; or in the course of proceedings to resolve an access dispute.\n(sec.91BG-ssec.4) The AER may only make an operating agreement determination on an application under subsection (3) (a) if— the AER is satisfied that the applicant has made a reasonable, but unsuccessful, attempt to negotiate the agreement or amendment; and the AER has given AEMO and all service providers for the declared transmission system that are to be affected by the determination an opportunity to make representations about the terms of the proposed determination.\n(sec.91BG-ssec.5) An operating agreement determination may determine the terms and conditions of the operating agreement or the amendment.\n(sec.91BG-ssec.6) If the AER determines the terms and conditions of an operating agreement or an amendment to an operating agreement, an operating agreement is taken to arise, or the operating agreement is taken to be amended, in accordance with the AER’s determination.\n(sec.91BG-ssec.7) An operating agreement determination takes effect on a date specified in the determination.\n(sec.91BG-ssec.8) An operating agreement determination must be published on AEMO’s website.\n- (a) the balancing, monitoring and regulation of gas flows between the declared transmission system and the facility;\n- (b) the scheduling of gas flows;\n- (c) the maintenance of a balancing account;\n- (d) the provision of operational information;\n- (e) operating pressures;\n- (f) the safety, security and reliability of the declared transmission system and the facility;\n- (g) emergency arrangements.\n- (a) on application by AEMO or a facility owner to resolve a dispute arising from an attempt to negotiate an operating agreement or an amendment to an operating agreement; or\n- (b) in the course of proceedings to resolve an access dispute.\n- (a) the AER is satisfied that the applicant has made a reasonable, but unsuccessful, attempt to negotiate the agreement or amendment; and\n- (b) the AER has given AEMO and all service providers for the declared transmission system that are to be affected by the determination an opportunity to make representations about the terms of the proposed determination.","sortOrder":222},{"sectionNumber":"sec.91BH","sectionType":"section","heading":"General principles governing determinations","content":"### sec.91BH General principles governing determinations\n\nA determination under this Division must be compatible with the proper performance of AEMO’s declared system functions.\nIn determining a dispute about a service envelope agreement, an operating agreement, or an amendment to a service envelope agreement or operating agreement, the AER must have regard to the allocation of powers and functions between AEMO and the relevant declared transmission system operator and to the Rules so far as they are relevant to—\nthe allocation of risk under such an agreement; or\nthe provision of services by means of, or in connection with, the declared transmission system; or\nany other matter that has a bearing on the subject matter of the agreement.\nA determination cannot alter the allocation of risk under an existing service envelope agreement or an existing operating agreement unless AEMO agrees.\nThe provisions applicable to the determination of an access dispute apply to a determination by the AER under this Division with the following changes:\nsections 163 to 166 and section 169 (1) (b) (i) , (iv) and (2) do not apply; and\nany further changes necessary to adapt those provisions to the determination of a dispute under this Division.\ns 91BH ins 2009 No. 30 (SA) s 14\namd 2022 No. 21 (SA) s 49\n(sec.91BH-ssec.1) A determination under this Division must be compatible with the proper performance of AEMO’s declared system functions.\n(sec.91BH-ssec.2) In determining a dispute about a service envelope agreement, an operating agreement, or an amendment to a service envelope agreement or operating agreement, the AER must have regard to the allocation of powers and functions between AEMO and the relevant declared transmission system operator and to the Rules so far as they are relevant to— the allocation of risk under such an agreement; or the provision of services by means of, or in connection with, the declared transmission system; or any other matter that has a bearing on the subject matter of the agreement.\n(sec.91BH-ssec.3) A determination cannot alter the allocation of risk under an existing service envelope agreement or an existing operating agreement unless AEMO agrees.\n(sec.91BH-ssec.4) The provisions applicable to the determination of an access dispute apply to a determination by the AER under this Division with the following changes: sections 163 to 166 and section 169 (1) (b) (i) , (iv) and (2) do not apply; and any further changes necessary to adapt those provisions to the determination of a dispute under this Division.\n- (a) the allocation of risk under such an agreement; or\n- (b) the provision of services by means of, or in connection with, the declared transmission system; or\n- (c) any other matter that has a bearing on the subject matter of the agreement.\n- (a) sections 163 to 166 and section 169 (1) (b) (i) , (iv) and (2) do not apply; and\n- (b) any further changes necessary to adapt those provisions to the determination of a dispute under this Division.","sortOrder":223},{"sectionNumber":"sec.91BI","sectionType":"section","heading":"Market participation","content":"### sec.91BI Market participation\n\nA person participates in a declared wholesale gas market in a registrable capacity if the person is—\na service provider for the declared transmission system or for a declared distribution system; or\na producer or blend processing service provider who injects covered gas into a declared transmission system or a declared distribution system; or\na storage provider whose storage facility is connected to the declared transmission system or a declared distribution system; or\na person who buys or sells covered gas in the declared wholesale gas market; or\na person classified by the Rules as a participant in the declared wholesale gas market.\ns 91BI ins 2009 No. 30 (SA) s 14\namd 2023 No. 36 (SA) s 31\n- (a) a service provider for the declared transmission system or for a declared distribution system; or\n- (b) a producer or blend processing service provider who injects covered gas into a declared transmission system or a declared distribution system; or\n- (c) a storage provider whose storage facility is connected to the declared transmission system or a declared distribution system; or\n- (d) a person who buys or sells covered gas in the declared wholesale gas market; or\n- (e) a person classified by the Rules as a participant in the declared wholesale gas market.","sortOrder":224},{"sectionNumber":"sec.91BJ","sectionType":"section","heading":"Registration required for market participation","content":"### sec.91BJ Registration required for market participation\n\nA person must not participate in a declared wholesale gas market in a registrable capacity unless registered (or exempted from registration) in accordance with the Rules.\nA person may also be exempted from registration by or under jurisdictional gas legislation.\nA person who participates in a declared wholesale gas market in 2 or more registrable capacities must be registered (or exempted from registration) in both or all those capacities.\nFor performing statutory functions, AEMO is not required to be registered.\ns 91BJ ins 2009 No. 30 (SA) s 14\n(sec.91BJ-ssec.1) A person must not participate in a declared wholesale gas market in a registrable capacity unless registered (or exempted from registration) in accordance with the Rules.\n(sec.91BJ-ssec.2) A person may also be exempted from registration by or under jurisdictional gas legislation.\n(sec.91BJ-ssec.3) A person who participates in a declared wholesale gas market in 2 or more registrable capacities must be registered (or exempted from registration) in both or all those capacities.\n(sec.91BJ-ssec.4) For performing statutory functions, AEMO is not required to be registered.","sortOrder":225},{"sectionNumber":"sec.91BK","sectionType":"section","heading":"Certificates of registration etc","content":"### sec.91BK Certificates of registration etc\n\nA certificate signed by an authorised officer certifying that a person named in the certificate is registered, or exempted from registration, is evidence of the registration or exemption.\nFor this section, an authorised officer is AEMO’s CEO or a person authorised by the CEO to issue certificates under this section.\ns 91BK ins 2009 No. 30 (SA) s 14\n(sec.91BK-ssec.1) A certificate signed by an authorised officer certifying that a person named in the certificate is registered, or exempted from registration, is evidence of the registration or exemption.\n(sec.91BK-ssec.2) For this section, an authorised officer is AEMO’s CEO or a person authorised by the CEO to issue certificates under this section.","sortOrder":226},{"sectionNumber":"sec.91BL","sectionType":"section","heading":"Wholesale Market Procedures","content":"### sec.91BL Wholesale Market Procedures\n\nAEMO may, in accordance with the Rules, make Wholesale Market Procedures.\ns 91BL ins 2009 No. 30 (SA) s 14","sortOrder":227},{"sectionNumber":"sec.91BM","sectionType":"section","heading":"Nature of Wholesale Market Procedures","content":"### sec.91BM Nature of Wholesale Market Procedures\n\nWholesale Market Procedures are a form of statutory instrument directed at the regulation of a declared wholesale gas market.\nThe Wholesale Market Procedures may deal with the following matters:\nthe matters specified by the Rules;\nany other matter relevant to a declared wholesale gas market on which this Law or the Rules contemplate the making of Procedures.\nThe Wholesale Market Procedures—\nmay vary according to the persons, times, places or circumstances to which they are expressed to apply; and\nmay confer functions or powers on, or leave any matter or thing to be decided by, AEMO; and\nmay confer rights or impose obligations on Registered participants, exempted participants, or other persons; and\nmay require a Registered participant or an exempted participant to give an indemnity against injury, damage or loss arising from the participant’s failure to comply with requirements imposed by the Procedures; and\nmay confer power on AEMO to make or issue guidelines, tests, standards and other documents of an administrative nature; and\nmay confer power on AEMO to require a person on whom a right is conferred, or an obligation imposed, under the Procedures—\nto comply with a guideline, standard or other document of an administrative nature; or\nto conduct, or submit to, a test designed by AEMO; and\nmay exempt, or confer a power of exemption, from the application of the Procedures or specified provisions of the Procedures; and\nmay contain provisions of a savings or transitional nature.\nAEMO must not, without the consent of the MCE, make Wholesale Market Procedures that confer a right or function, or impose an obligation, on the MCE or a Minister of a participating jurisdiction.\nThe Wholesale Market Procedures cannot—\ncreate an offence; or\nprovide for a criminal or civil penalty.\ns 91BM ins 2009 No. 30 (SA) s 14\n(sec.91BM-ssec.1) Wholesale Market Procedures are a form of statutory instrument directed at the regulation of a declared wholesale gas market.\n(sec.91BM-ssec.2) The Wholesale Market Procedures may deal with the following matters: the matters specified by the Rules; any other matter relevant to a declared wholesale gas market on which this Law or the Rules contemplate the making of Procedures.\n(sec.91BM-ssec.3) The Wholesale Market Procedures— may vary according to the persons, times, places or circumstances to which they are expressed to apply; and may confer functions or powers on, or leave any matter or thing to be decided by, AEMO; and may confer rights or impose obligations on Registered participants, exempted participants, or other persons; and may require a Registered participant or an exempted participant to give an indemnity against injury, damage or loss arising from the participant’s failure to comply with requirements imposed by the Procedures; and may confer power on AEMO to make or issue guidelines, tests, standards and other documents of an administrative nature; and may confer power on AEMO to require a person on whom a right is conferred, or an obligation imposed, under the Procedures— to comply with a guideline, standard or other document of an administrative nature; or to conduct, or submit to, a test designed by AEMO; and may exempt, or confer a power of exemption, from the application of the Procedures or specified provisions of the Procedures; and may contain provisions of a savings or transitional nature.\n(sec.91BM-ssec.4) AEMO must not, without the consent of the MCE, make Wholesale Market Procedures that confer a right or function, or impose an obligation, on the MCE or a Minister of a participating jurisdiction.\n(sec.91BM-ssec.5) The Wholesale Market Procedures cannot— create an offence; or provide for a criminal or civil penalty.\n- (a) the matters specified by the Rules;\n- (b) any other matter relevant to a declared wholesale gas market on which this Law or the Rules contemplate the making of Procedures.\n- (a) may vary according to the persons, times, places or circumstances to which they are expressed to apply; and\n- (b) may confer functions or powers on, or leave any matter or thing to be decided by, AEMO; and\n- (c) may confer rights or impose obligations on Registered participants, exempted participants, or other persons; and\n- (d) may require a Registered participant or an exempted participant to give an indemnity against injury, damage or loss arising from the participant’s failure to comply with requirements imposed by the Procedures; and\n- (e) may confer power on AEMO to make or issue guidelines, tests, standards and other documents of an administrative nature; and\n- (f) may confer power on AEMO to require a person on whom a right is conferred, or an obligation imposed, under the Procedures— (i) to comply with a guideline, standard or other document of an administrative nature; or (ii) to conduct, or submit to, a test designed by AEMO; and\n- (i) to comply with a guideline, standard or other document of an administrative nature; or\n- (ii) to conduct, or submit to, a test designed by AEMO; and\n- (g) may exempt, or confer a power of exemption, from the application of the Procedures or specified provisions of the Procedures; and\n- (h) may contain provisions of a savings or transitional nature.\n- (i) to comply with a guideline, standard or other document of an administrative nature; or\n- (ii) to conduct, or submit to, a test designed by AEMO; and\n- (a) create an offence; or\n- (b) provide for a criminal or civil penalty.","sortOrder":228},{"sectionNumber":"sec.91BN","sectionType":"section","heading":"Compliance with Wholesale Market Procedures","content":"### sec.91BN Compliance with Wholesale Market Procedures\n\nAEMO and each person to whom the Wholesale Market Procedures are applicable must comply with those Procedures.\nIf AEMO has reasonable grounds to suspect a breach of the Wholesale Market Procedures, it must, after making such inquiries and investigation as it considers appropriate, make a decision as to whether the breach is a material breach.\nIf AEMO decides the breach is material, AEMO—\nmust publish the decision and the reasons for it on its website; and\nmay direct the person suspected of the breach to rectify it or to take specified measures to ensure future compliance (or both); and\nmay refer the breach to the AER.\nA direction by AEMO under subsection (3) (b) must—\nspecify the breach; and\nspecify the date by which the direction is to be complied with; and\nbe addressed to, and given to, the person suspected of the breach.\nA person to whom a direction is given under subsection (3) (b) must comply with the direction.\nAEMO must give a copy of its decision under subsection (2) , its reasons for the decision and (if relevant) any direction under subsection (3) (b) to the AER.\nIf AEMO decides the breach is not material, AEMO must—\npublish the decision and the reasons for it on its website; and\ngive a copy of the decision and the reasons for it to the AER.\nAEMO may provide the AER with relevant information (including protected information) related to a suspected breach of the Procedures. (For disclosure of protected information, see section 91GC (2) (b) .)\ns 91BN ins 2009 No. 30 (SA) s 14\n(sec.91BN-ssec.1) AEMO and each person to whom the Wholesale Market Procedures are applicable must comply with those Procedures.\n(sec.91BN-ssec.2) If AEMO has reasonable grounds to suspect a breach of the Wholesale Market Procedures, it must, after making such inquiries and investigation as it considers appropriate, make a decision as to whether the breach is a material breach.\n(sec.91BN-ssec.3) If AEMO decides the breach is material, AEMO— must publish the decision and the reasons for it on its website; and may direct the person suspected of the breach to rectify it or to take specified measures to ensure future compliance (or both); and may refer the breach to the AER.\n(sec.91BN-ssec.4) A direction by AEMO under subsection (3) (b) must— specify the breach; and specify the date by which the direction is to be complied with; and be addressed to, and given to, the person suspected of the breach.\n(sec.91BN-ssec.5) A person to whom a direction is given under subsection (3) (b) must comply with the direction.\n(sec.91BN-ssec.6) AEMO must give a copy of its decision under subsection (2) , its reasons for the decision and (if relevant) any direction under subsection (3) (b) to the AER.\n(sec.91BN-ssec.7) If AEMO decides the breach is not material, AEMO must— publish the decision and the reasons for it on its website; and give a copy of the decision and the reasons for it to the AER. AEMO may provide the AER with relevant information (including protected information) related to a suspected breach of the Procedures. (For disclosure of protected information, see section 91GC (2) (b) .)\n- (a) must publish the decision and the reasons for it on its website; and\n- (b) may direct the person suspected of the breach to rectify it or to take specified measures to ensure future compliance (or both); and\n- (c) may refer the breach to the AER.\n- (a) specify the breach; and\n- (b) specify the date by which the direction is to be complied with; and\n- (c) be addressed to, and given to, the person suspected of the breach.\n- (a) publish the decision and the reasons for it on its website; and\n- (b) give a copy of the decision and the reasons for it to the AER.","sortOrder":229},{"sectionNumber":"sec.91BO","sectionType":"section","heading":"Ownership of gas","content":"### sec.91BO Ownership of gas\n\nAEMO must establish rules (the ownership rules ) for determining the ownership of gas in the declared transmission system and for resolving disputes about ownership.\nThe ownership rules are to form part of the Wholesale Market Procedures.\nSubject to the ownership rules, gas injected into the declared transmission system remains the property of the person that injected it or, if that person was acting as an agent, that person’s principal.\nA dispute about the ownership of gas in the declared transmission system is to be determined in accordance with the Rules.\ns 91BO ins 2009 No. 30 (SA) s 14\n(sec.91BO-ssec.1) AEMO must establish rules (the ownership rules ) for determining the ownership of gas in the declared transmission system and for resolving disputes about ownership.\n(sec.91BO-ssec.2) The ownership rules are to form part of the Wholesale Market Procedures.\n(sec.91BO-ssec.3) Subject to the ownership rules, gas injected into the declared transmission system remains the property of the person that injected it or, if that person was acting as an agent, that person’s principal.\n(sec.91BO-ssec.4) A dispute about the ownership of gas in the declared transmission system is to be determined in accordance with the Rules.","sortOrder":230},{"sectionNumber":"sec.91BP","sectionType":"section","heading":"Title to gas","content":"### sec.91BP Title to gas\n\nA Registered participant or an exempted participant must not inject gas into, or tender gas for injection into, the declared transmission system or a declared distribution system unless—\nthe participant has title to the gas, or authority to dispose of title to the gas; and\nthe gas will, at the point of injection, be free from any mortgage, charge or encumbrance.\ns 91BP ins 2009 No. 30 (SA) s 14\namd 2023 No. 36 (SA) s 32\n- (a) the participant has title to the gas, or authority to dispose of title to the gas; and\n- (b) the gas will, at the point of injection, be free from any mortgage, charge or encumbrance.","sortOrder":231},{"sectionNumber":"sec.91BQ","sectionType":"section","heading":"Immunity","content":"### sec.91BQ Immunity\n\nA protected person incurs no civil monetary liability—\nfor failing to accept gas for injection into, or to make gas available for withdrawal from, the declared transmission system; or\nfor failing to make the declared transmission system available to accept the injection of gas into it, or the withdrawal of gas from it; or\nin the case of AEMO—for failing to accept gas for injection into, or to make gas available for withdrawal from, a declared distribution system,\nif the failure arises out of an accident or cause beyond the protected person’s control.\nA protected person may, by written agreement with another person, limit or exclude the operation of subsection (1) in relation to the parties to the agreement.\nIn this section—\nprotected person means—\nAEMO; or\na service provider for the whole or part of the declared transmission system.\ns 91BQ ins 2009 No. 30 (SA) s 14\namd 2023 No. 36 (SA) s 33\n(sec.91BQ-ssec.1) A protected person incurs no civil monetary liability— for failing to accept gas for injection into, or to make gas available for withdrawal from, the declared transmission system; or for failing to make the declared transmission system available to accept the injection of gas into it, or the withdrawal of gas from it; or in the case of AEMO—for failing to accept gas for injection into, or to make gas available for withdrawal from, a declared distribution system, if the failure arises out of an accident or cause beyond the protected person’s control.\n(sec.91BQ-ssec.2) A protected person may, by written agreement with another person, limit or exclude the operation of subsection (1) in relation to the parties to the agreement.\n(sec.91BQ-ssec.3) In this section— protected person means— AEMO; or a service provider for the whole or part of the declared transmission system.\n- (a) for failing to accept gas for injection into, or to make gas available for withdrawal from, the declared transmission system; or\n- (b) for failing to make the declared transmission system available to accept the injection of gas into it, or the withdrawal of gas from it; or\n- (c) in the case of AEMO—for failing to accept gas for injection into, or to make gas available for withdrawal from, a declared distribution system,\n- (a) AEMO; or\n- (b) a service provider for the whole or part of the declared transmission system.","sortOrder":232},{"sectionNumber":"sec.91BR","sectionType":"section","heading":"Immunity in dealing with an emergency","content":"### sec.91BR Immunity in dealing with an emergency\n\nNeither AEMO nor an officer or employee of AEMO incurs any civil monetary liability for an act or omission directed at dealing with an emergency unless the act or omission is done or made in bad faith.\ns 91BR ins 2009 No. 30 (SA) s 14","sortOrder":233},{"sectionNumber":"ch.2-pt.6-div.2A","sectionType":"division","heading":"Short term trading markets","content":"## Short term trading markets","sortOrder":234},{"sectionNumber":"sec.91BRA","sectionType":"section","heading":"Application of this Division","content":"### sec.91BRA Application of this Division\n\nThis Division applies to, and in relation to, a participating jurisdiction if (and only if) the application Act of that jurisdiction, or an instrument made under that Act, declares that it does so apply.\nA rule or other form of subordinate legislation made for the purposes of this Division applies to and in relation to a participating jurisdiction if (and only if) this Division applies to and in relation to that jurisdiction.\ns 91BRA ins 2009 No. 46 (SA) s 9\n(sec.91BRA-ssec.1) This Division applies to, and in relation to, a participating jurisdiction if (and only if) the application Act of that jurisdiction, or an instrument made under that Act, declares that it does so apply.\n(sec.91BRA-ssec.2) A rule or other form of subordinate legislation made for the purposes of this Division applies to and in relation to a participating jurisdiction if (and only if) this Division applies to and in relation to that jurisdiction.","sortOrder":235},{"sectionNumber":"sec.91BRB","sectionType":"section","heading":"AEMO’s STTM functions","content":"### sec.91BRB AEMO’s STTM functions\n\nAEMO’s STTM functions are as follows:\nto operate and administer a short term trading market;\nto make, amend or revoke Procedures governing the operation and administration of a short term trading market.\nAEMO may trade in covered gas to the extent necessary or desirable to provide market operator services.\nAEMO may, subject to the Rules, suspend a short term trading market.\ns 91BRB ins 2009 No. 46 (SA) s 9\namd 2023 No. 36 (SA) s 34\n(sec.91BRB-ssec.1) AEMO’s STTM functions are as follows: to operate and administer a short term trading market; to make, amend or revoke Procedures governing the operation and administration of a short term trading market.\n(sec.91BRB-ssec.2) AEMO may trade in covered gas to the extent necessary or desirable to provide market operator services.\n(sec.91BRB-ssec.3) AEMO may, subject to the Rules, suspend a short term trading market.\n- (a) to operate and administer a short term trading market;\n- (b) to make, amend or revoke Procedures governing the operation and administration of a short term trading market.","sortOrder":236},{"sectionNumber":"sec.91BRC","sectionType":"section","heading":"Market participation","content":"### sec.91BRC Market participation\n\nA person participates in a short term trading market in a registrable capacity if the person is—\na person who supplies covered gas to an STTM hub; or\na person who withdraws covered gas from an STTM hub; or\na person classified by the Rules as a participant in a short term trading market.\ns 91BRC ins 2009 No. 46 (SA) s 9\namd 2023 No. 36 (SA) s 35\n- (a) a person who supplies covered gas to an STTM hub; or\n- (b) a person who withdraws covered gas from an STTM hub; or\n- (c) a person classified by the Rules as a participant in a short term trading market.","sortOrder":237},{"sectionNumber":"sec.91BRD","sectionType":"section","heading":"Registration required for market participation","content":"### sec.91BRD Registration required for market participation\n\nA person must not participate in a short term trading market in a registrable capacity unless registered (or exempted from registration) in accordance with the Rules.\nA person who participates in a short term trading market in 2 or more registrable capacities must be registered (or exempted from registration) in both or all those capacities.\nFor performing statutory functions, AEMO is not required to be registered.\ns 91BRD ins 2009 No. 46 (SA) s 9\n(sec.91BRD-ssec.1) A person must not participate in a short term trading market in a registrable capacity unless registered (or exempted from registration) in accordance with the Rules.\n(sec.91BRD-ssec.2) A person who participates in a short term trading market in 2 or more registrable capacities must be registered (or exempted from registration) in both or all those capacities.\n(sec.91BRD-ssec.3) For performing statutory functions, AEMO is not required to be registered.","sortOrder":238},{"sectionNumber":"sec.91BRE","sectionType":"section","heading":"Certificates of registration etc","content":"### sec.91BRE Certificates of registration etc\n\nA certificate signed by an authorised officer certifying that a person named in the certificate is registered, or exempted from registration, is evidence of the registration or exemption.\nFor this section, an authorised officer is AEMO’s CEO or a person authorised by the CEO to issue certificates under this section.\ns 91BRE ins 2009 No. 46 (SA) s 9\n(sec.91BRE-ssec.1) A certificate signed by an authorised officer certifying that a person named in the certificate is registered, or exempted from registration, is evidence of the registration or exemption.\n(sec.91BRE-ssec.2) For this section, an authorised officer is AEMO’s CEO or a person authorised by the CEO to issue certificates under this section.","sortOrder":239},{"sectionNumber":"sec.91BRF","sectionType":"section","heading":"Title to gas","content":"### sec.91BRF Title to gas\n\nAn STTM trading participant must not supply gas to an STTM hub unless—\nthe participant has title to the gas, or authority to dispose of title to the gas; and\nthe gas will, at the point of supply, be free from any mortgage, charge or encumbrance.\ns 91BRF ins 2009 No. 46 (SA) s 9\namd 2023 No. 36 (SA) s 36\n- (a) the participant has title to the gas, or authority to dispose of title to the gas; and\n- (b) the gas will, at the point of supply, be free from any mortgage, charge or encumbrance.","sortOrder":240},{"sectionNumber":"sec.91BRG","sectionType":"section","heading":"Gas supplied to STTM hub must meet quality specifications specified in the Rules","content":"### sec.91BRG Gas supplied to STTM hub must meet quality specifications specified in the Rules\n\nAn STTM trading participant must not supply gas to an STTM hub that does not comply with the gas quality specifications specified in the Rules for that STTM hub and gas.\ns 91BRG ins 2009 No. 46 (SA) s 9\namd 2023 No. 36 (SA) s 37","sortOrder":241},{"sectionNumber":"sec.91BRH","sectionType":"section","heading":"STTM Procedures","content":"### sec.91BRH STTM Procedures\n\nAEMO may, in accordance with the Rules, make STTM Procedures.\ns 91BRH ins 2009 No. 46 (SA) s 9","sortOrder":242},{"sectionNumber":"sec.91BRI","sectionType":"section","heading":"Nature of STTM Procedures","content":"### sec.91BRI Nature of STTM Procedures\n\nSTTM Procedures are a form of statutory instrument directed at the regulation of a short term trading market.\nThe STTM Procedures may deal with the following matters:\nthe matters specified by the Rules;\nany other matter relevant to a short term trading market on which this Law or the Rules contemplate the making of Procedures.\nThe STTM Procedures—\nmay vary according to the persons, times, places or circumstances to which they are expressed to apply; and\nmay confer functions or powers on, or leave any matter or thing to be decided by, AEMO; and\nmay confer rights or impose obligations on STTM trading participants, exempted participants, or other persons; and\nmay confer power on AEMO to make or issue guidelines, tests, standards and other documents of an administrative nature; and\nmay confer power on AEMO to require a person on whom a right is conferred, or an obligation imposed, under the Procedures—\nto comply with a guideline, standard or other document of an administrative nature; or\nto conduct, or submit to, a test designed by AEMO; and\nmay exempt, or confer a power of exemption, from the application of the Procedures or specified provisions of the Procedures; and\nmay contain provisions of a savings or transitional nature.\nAEMO must not, without the consent of the MCE, make STTM Procedures that confer a right or function, or impose an obligation, on the MCE or a Minister of a participating jurisdiction.\nThe STTM Procedures cannot—\ncreate an offence; or\nprovide for a criminal or civil penalty.\ns 91BRI ins 2009 No. 46 (SA) s 9\n(sec.91BRI-ssec.1) STTM Procedures are a form of statutory instrument directed at the regulation of a short term trading market.\n(sec.91BRI-ssec.2) The STTM Procedures may deal with the following matters: the matters specified by the Rules; any other matter relevant to a short term trading market on which this Law or the Rules contemplate the making of Procedures.\n(sec.91BRI-ssec.3) The STTM Procedures— may vary according to the persons, times, places or circumstances to which they are expressed to apply; and may confer functions or powers on, or leave any matter or thing to be decided by, AEMO; and may confer rights or impose obligations on STTM trading participants, exempted participants, or other persons; and may confer power on AEMO to make or issue guidelines, tests, standards and other documents of an administrative nature; and may confer power on AEMO to require a person on whom a right is conferred, or an obligation imposed, under the Procedures— to comply with a guideline, standard or other document of an administrative nature; or to conduct, or submit to, a test designed by AEMO; and may exempt, or confer a power of exemption, from the application of the Procedures or specified provisions of the Procedures; and may contain provisions of a savings or transitional nature.\n(sec.91BRI-ssec.4) AEMO must not, without the consent of the MCE, make STTM Procedures that confer a right or function, or impose an obligation, on the MCE or a Minister of a participating jurisdiction.\n(sec.91BRI-ssec.5) The STTM Procedures cannot— create an offence; or provide for a criminal or civil penalty.\n- (a) the matters specified by the Rules;\n- (b) any other matter relevant to a short term trading market on which this Law or the Rules contemplate the making of Procedures.\n- (a) may vary according to the persons, times, places or circumstances to which they are expressed to apply; and\n- (b) may confer functions or powers on, or leave any matter or thing to be decided by, AEMO; and\n- (c) may confer rights or impose obligations on STTM trading participants, exempted participants, or other persons; and\n- (d) may confer power on AEMO to make or issue guidelines, tests, standards and other documents of an administrative nature; and\n- (e) may confer power on AEMO to require a person on whom a right is conferred, or an obligation imposed, under the Procedures— (i) to comply with a guideline, standard or other document of an administrative nature; or (ii) to conduct, or submit to, a test designed by AEMO; and\n- (i) to comply with a guideline, standard or other document of an administrative nature; or\n- (ii) to conduct, or submit to, a test designed by AEMO; and\n- (f) may exempt, or confer a power of exemption, from the application of the Procedures or specified provisions of the Procedures; and\n- (g) may contain provisions of a savings or transitional nature.\n- (i) to comply with a guideline, standard or other document of an administrative nature; or\n- (ii) to conduct, or submit to, a test designed by AEMO; and\n- (a) create an offence; or\n- (b) provide for a criminal or civil penalty.","sortOrder":243},{"sectionNumber":"sec.91BRJ","sectionType":"section","heading":"Compliance with STTM Procedures","content":"### sec.91BRJ Compliance with STTM Procedures\n\nAEMO and each person to whom the STTM Procedures are applicable must comply with those Procedures.\nIf AEMO has reasonable grounds to suspect a breach of the STTM Procedures, it must, after making such inquiries and investigation as it considers appropriate, make a decision as to whether the breach is a material breach.\nIf AEMO decides the breach is material, AEMO—\nmust publish the decision and the reasons for it on its website; and\nmay direct the person suspected of the breach to rectify it or to take specified measures to ensure future compliance (or both); and\nmay refer the breach to the AER.\nA direction by AEMO under subsection (3) (b) must—\nspecify the breach; and\nspecify the date by which the direction is to be complied with; and\nbe addressed to, and given to, the person suspected of the breach.\nA person to whom a direction is given under subsection (3) (b) must comply with the direction.\nAEMO must give a copy of its decision under subsection (2) , its reasons for the decision and (if relevant) any direction under subsection (3) (b) to the AER.\nIf AEMO decides the breach is not material, AEMO must—\npublish the decision and the reasons for it on its website; and\ngive a copy of the decision and the reasons for it to the AER.\nAEMO may provide the AER with relevant information (including protected information) related to a suspected breach of the Procedures. (For disclosure of protected information, see section 91GC (2) (b) .)\ns 91BRJ ins 2009 No. 46 (SA) s 9\n(sec.91BRJ-ssec.1) AEMO and each person to whom the STTM Procedures are applicable must comply with those Procedures.\n(sec.91BRJ-ssec.2) If AEMO has reasonable grounds to suspect a breach of the STTM Procedures, it must, after making such inquiries and investigation as it considers appropriate, make a decision as to whether the breach is a material breach.\n(sec.91BRJ-ssec.3) If AEMO decides the breach is material, AEMO— must publish the decision and the reasons for it on its website; and may direct the person suspected of the breach to rectify it or to take specified measures to ensure future compliance (or both); and may refer the breach to the AER.\n(sec.91BRJ-ssec.4) A direction by AEMO under subsection (3) (b) must— specify the breach; and specify the date by which the direction is to be complied with; and be addressed to, and given to, the person suspected of the breach.\n(sec.91BRJ-ssec.5) A person to whom a direction is given under subsection (3) (b) must comply with the direction.\n(sec.91BRJ-ssec.6) AEMO must give a copy of its decision under subsection (2) , its reasons for the decision and (if relevant) any direction under subsection (3) (b) to the AER.\n(sec.91BRJ-ssec.7) If AEMO decides the breach is not material, AEMO must— publish the decision and the reasons for it on its website; and give a copy of the decision and the reasons for it to the AER. AEMO may provide the AER with relevant information (including protected information) related to a suspected breach of the Procedures. (For disclosure of protected information, see section 91GC (2) (b) .)\n- (a) must publish the decision and the reasons for it on its website; and\n- (b) may direct the person suspected of the breach to rectify it or to take specified measures to ensure future compliance (or both); and\n- (c) may refer the breach to the AER.\n- (a) specify the breach; and\n- (b) specify the date by which the direction is to be complied with; and\n- (c) be addressed to, and given to, the person suspected of the breach.\n- (a) publish the decision and the reasons for it on its website; and\n- (b) give a copy of the decision and the reasons for it to the AER.","sortOrder":244},{"sectionNumber":"ch.2-pt.6-div.2B","sectionType":"division","heading":"Gas trading exchanges","content":"## Gas trading exchanges","sortOrder":245},{"sectionNumber":"sec.91BRK","sectionType":"section","heading":"AEMO’s gas trading exchange functions","content":"### sec.91BRK AEMO’s gas trading exchange functions\n\nAEMO’s gas trading exchange functions are as follows:\nto establish, operate and administer 1 or more gas trading exchanges;\nto appoint, in accordance with the Rules, another person to operate a gas trading exchange;\nin relation to a gas trading exchange, to make and administer a gas trading exchange agreement for the purposes of the exchange.\nAEMO may trade in covered gas to the extent necessary or desirable for the efficient operation of a gas trading exchange after taking into account any provision made by or under the gas trading exchange agreement that applies in relation to the exchange.\nAEMO may, subject to the Rules and the relevant gas trading exchange agreement, suspend trading on a gas trading exchange.\ns 91BRK ins 2013 No. 54 (SA) s 7\namd 2023 No. 36 (SA) s 38\n(sec.91BRK-ssec.1) AEMO’s gas trading exchange functions are as follows: to establish, operate and administer 1 or more gas trading exchanges; to appoint, in accordance with the Rules, another person to operate a gas trading exchange; in relation to a gas trading exchange, to make and administer a gas trading exchange agreement for the purposes of the exchange.\n(sec.91BRK-ssec.2) AEMO may trade in covered gas to the extent necessary or desirable for the efficient operation of a gas trading exchange after taking into account any provision made by or under the gas trading exchange agreement that applies in relation to the exchange.\n(sec.91BRK-ssec.3) AEMO may, subject to the Rules and the relevant gas trading exchange agreement, suspend trading on a gas trading exchange.\n- (a) to establish, operate and administer 1 or more gas trading exchanges;\n- (b) to appoint, in accordance with the Rules, another person to operate a gas trading exchange;\n- (c) in relation to a gas trading exchange, to make and administer a gas trading exchange agreement for the purposes of the exchange.","sortOrder":246},{"sectionNumber":"sec.91BRL","sectionType":"section","heading":"Gas trading exchange not to constitute a regulated gas market","content":"### sec.91BRL Gas trading exchange not to constitute a regulated gas market\n\nA gas trading exchange is not a regulated gas market.\ns 91BRL ins 2013 No. 54 (SA) s 7","sortOrder":247},{"sectionNumber":"ch.2-pt.6-div.2C","sectionType":"division","heading":"Capacity auctions for transportation services","content":"## Capacity auctions for transportation services","sortOrder":248},{"sectionNumber":"sec.91BRM","sectionType":"section","heading":"AEMO’s capacity auction functions","content":"### sec.91BRM AEMO’s capacity auction functions\n\nAEMO’s capacity auction functions are as follows:\nto establish, operate and administer 1 or more capacity auctions;\nin relation to a capacity auction, to make and administer capacity auction agreements;\nto make, amend or revoke Procedures governing the operation and administration of a capacity auction.\nAEMO may, subject to the Rules and Procedures, suspend a capacity auction.\ns 91BRM ins 2018 No. 23 (SA) s 11\n(sec.91BRM-ssec.1) AEMO’s capacity auction functions are as follows: to establish, operate and administer 1 or more capacity auctions; in relation to a capacity auction, to make and administer capacity auction agreements; to make, amend or revoke Procedures governing the operation and administration of a capacity auction.\n(sec.91BRM-ssec.2) AEMO may, subject to the Rules and Procedures, suspend a capacity auction.\n- (a) to establish, operate and administer 1 or more capacity auctions;\n- (b) in relation to a capacity auction, to make and administer capacity auction agreements;\n- (c) to make, amend or revoke Procedures governing the operation and administration of a capacity auction.","sortOrder":249},{"sectionNumber":"sec.91BRN","sectionType":"section","heading":"Capacity auctions not to constitute a regulated gas market","content":"### sec.91BRN Capacity auctions not to constitute a regulated gas market\n\nA capacity auction is not a regulated gas market.\ns 91BRN ins 2018 No. 23 (SA) s 11","sortOrder":250},{"sectionNumber":"ch.2-pt.6-div.2D","sectionType":"division","heading":"Capacity Transfer and Auction Procedures","content":"## Capacity Transfer and Auction Procedures","sortOrder":251},{"sectionNumber":"sec.91BRO","sectionType":"section","heading":"Making of Capacity Transfer and Auction Procedures","content":"### sec.91BRO Making of Capacity Transfer and Auction Procedures\n\nAEMO may, in accordance with the Rules, make Capacity Transfer and Auction Procedures.\ns 91BRO ins 2018 No. 23 (SA) s 11","sortOrder":252},{"sectionNumber":"sec.91BRP","sectionType":"section","heading":"Nature of Capacity Transfer and Auction Procedures","content":"### sec.91BRP Nature of Capacity Transfer and Auction Procedures\n\nCapacity Transfer and Auction Procedures are a form of statutory instrument directed at—\nthe effective operation and administration of a capacity auction in accordance with the Rules; and\nthe effective operation and administration of transaction support arrangements.\nThe Capacity Transfer and Auction Procedures may deal with the following matters:\nthe matters specified by the Rules;\nany other matter relevant to a capacity auction, a gas trading exchange or transaction support arrangements on which this Law or the Rules contemplate the making of Procedures.\nThe Capacity Transfer and Auction Procedures—\nmay vary according to the persons, times, places or circumstances to which they are expressed to apply; and\nmay confer functions or powers on, or leave any matter or thing to be decided by, AEMO; and\nmay confer rights or impose obligations on a transportation service provider, a transportation facility user, a capacity auction participant or a gas trading exchange member; and\nmay confer power on AEMO to make or issue guidelines, tests, standards and other documents of an administrative nature; and\nmay confer power on AEMO to require a person on whom a right is conferred, or an obligation imposed, under the Procedures—\nto comply with a guideline, standard or other document of an administrative nature; or\nto conduct, or submit to, a test designed by AEMO under the Procedures; and\nmay exempt, or confer a power of exemption, from the application of the Procedures or specified provisions of the Procedures; and\nmay contain provisions of a savings or transitional nature.\nAEMO must not, without the consent of the MCE, make Capacity Transfer and Auction Procedures that confer a right or function, or impose an obligation, on the MCE or a Minister of a participating jurisdiction.\nThe Capacity Transfer and Auction Procedures cannot—\ncreate an offence; or\nprovide for a criminal or civil penalty.\ns 91BRP ins 2018 No. 23 (SA) s 11\n(sec.91BRP-ssec.1) Capacity Transfer and Auction Procedures are a form of statutory instrument directed at— the effective operation and administration of a capacity auction in accordance with the Rules; and the effective operation and administration of transaction support arrangements.\n(sec.91BRP-ssec.2) The Capacity Transfer and Auction Procedures may deal with the following matters: the matters specified by the Rules; any other matter relevant to a capacity auction, a gas trading exchange or transaction support arrangements on which this Law or the Rules contemplate the making of Procedures.\n(sec.91BRP-ssec.3) The Capacity Transfer and Auction Procedures— may vary according to the persons, times, places or circumstances to which they are expressed to apply; and may confer functions or powers on, or leave any matter or thing to be decided by, AEMO; and may confer rights or impose obligations on a transportation service provider, a transportation facility user, a capacity auction participant or a gas trading exchange member; and may confer power on AEMO to make or issue guidelines, tests, standards and other documents of an administrative nature; and may confer power on AEMO to require a person on whom a right is conferred, or an obligation imposed, under the Procedures— to comply with a guideline, standard or other document of an administrative nature; or to conduct, or submit to, a test designed by AEMO under the Procedures; and may exempt, or confer a power of exemption, from the application of the Procedures or specified provisions of the Procedures; and may contain provisions of a savings or transitional nature.\n(sec.91BRP-ssec.4) AEMO must not, without the consent of the MCE, make Capacity Transfer and Auction Procedures that confer a right or function, or impose an obligation, on the MCE or a Minister of a participating jurisdiction.\n(sec.91BRP-ssec.5) The Capacity Transfer and Auction Procedures cannot— create an offence; or provide for a criminal or civil penalty.\n- (a) the effective operation and administration of a capacity auction in accordance with the Rules; and\n- (b) the effective operation and administration of transaction support arrangements.\n- (a) the matters specified by the Rules;\n- (b) any other matter relevant to a capacity auction, a gas trading exchange or transaction support arrangements on which this Law or the Rules contemplate the making of Procedures.\n- (a) may vary according to the persons, times, places or circumstances to which they are expressed to apply; and\n- (b) may confer functions or powers on, or leave any matter or thing to be decided by, AEMO; and\n- (c) may confer rights or impose obligations on a transportation service provider, a transportation facility user, a capacity auction participant or a gas trading exchange member; and\n- (d) may confer power on AEMO to make or issue guidelines, tests, standards and other documents of an administrative nature; and\n- (e) may confer power on AEMO to require a person on whom a right is conferred, or an obligation imposed, under the Procedures— (i) to comply with a guideline, standard or other document of an administrative nature; or (ii) to conduct, or submit to, a test designed by AEMO under the Procedures; and\n- (i) to comply with a guideline, standard or other document of an administrative nature; or\n- (ii) to conduct, or submit to, a test designed by AEMO under the Procedures; and\n- (f) may exempt, or confer a power of exemption, from the application of the Procedures or specified provisions of the Procedures; and\n- (g) may contain provisions of a savings or transitional nature.\n- (i) to comply with a guideline, standard or other document of an administrative nature; or\n- (ii) to conduct, or submit to, a test designed by AEMO under the Procedures; and\n- (a) create an offence; or\n- (b) provide for a criminal or civil penalty.","sortOrder":253},{"sectionNumber":"sec.91BRQ","sectionType":"section","heading":"Compliance with Capacity Transfer and Auction Procedures","content":"### sec.91BRQ Compliance with Capacity Transfer and Auction Procedures\n\nAEMO and each person to whom the Capacity Transfer and Auction Procedures are applicable must comply with those Procedures.\nIf AEMO has reasonable grounds to suspect a breach of the Capacity Transfer and Auction Procedures, it must, after making such inquiries and investigation as it considers appropriate, make a decision as to whether the breach is a material breach.\nIf AEMO decides the breach is material, AEMO—\nmust publish the decision and the reasons for it on its website; and\nmay direct the person suspected of the breach to rectify it or to take specified measures to ensure future compliance (or both); and\nmay refer the breach to the AER.\nA direction by AEMO under subsection (3) (b) must—\nspecify the breach; and\nspecify the date by which the direction is to be complied with; and\nbe addressed to, and given to, the person suspected of the breach.\nA person to whom a direction is given under subsection (3) (b) must comply with the direction.\nAEMO must give a copy of its decision under subsection (2) , its reasons for the decision and (if relevant) any direction under subsection (3) (b) to the AER.\nIf AEMO decides the breach is not material, AEMO must give a copy of the decision and the reasons for it to the AER.\nAEMO may provide the AER with relevant information (including protected information) related to a suspected breach of the Procedures. (For disclosure of protected information, see section 91GC (2) (b) and 91GG (1) (b) .)\ns 91BRQ ins 2018 No. 23 (SA) s 11\n(sec.91BRQ-ssec.1) AEMO and each person to whom the Capacity Transfer and Auction Procedures are applicable must comply with those Procedures.\n(sec.91BRQ-ssec.2) If AEMO has reasonable grounds to suspect a breach of the Capacity Transfer and Auction Procedures, it must, after making such inquiries and investigation as it considers appropriate, make a decision as to whether the breach is a material breach.\n(sec.91BRQ-ssec.3) If AEMO decides the breach is material, AEMO— must publish the decision and the reasons for it on its website; and may direct the person suspected of the breach to rectify it or to take specified measures to ensure future compliance (or both); and may refer the breach to the AER.\n(sec.91BRQ-ssec.4) A direction by AEMO under subsection (3) (b) must— specify the breach; and specify the date by which the direction is to be complied with; and be addressed to, and given to, the person suspected of the breach.\n(sec.91BRQ-ssec.5) A person to whom a direction is given under subsection (3) (b) must comply with the direction.\n(sec.91BRQ-ssec.6) AEMO must give a copy of its decision under subsection (2) , its reasons for the decision and (if relevant) any direction under subsection (3) (b) to the AER.\n(sec.91BRQ-ssec.7) If AEMO decides the breach is not material, AEMO must give a copy of the decision and the reasons for it to the AER. AEMO may provide the AER with relevant information (including protected information) related to a suspected breach of the Procedures. (For disclosure of protected information, see section 91GC (2) (b) and 91GG (1) (b) .)\n- (a) must publish the decision and the reasons for it on its website; and\n- (b) may direct the person suspected of the breach to rectify it or to take specified measures to ensure future compliance (or both); and\n- (c) may refer the breach to the AER.\n- (a) specify the breach; and\n- (b) specify the date by which the direction is to be complied with; and\n- (c) be addressed to, and given to, the person suspected of the breach.","sortOrder":254},{"sectionNumber":"ch.2-pt.6-div.2E","sectionType":"division","heading":"Registration in relation to transportation facility","content":"## Registration in relation to transportation facility","sortOrder":255},{"sectionNumber":"sec.91BRR","sectionType":"section","heading":"Registration obligation","content":"### sec.91BRR Registration obligation\n\nA transportation service provider for a transportation facility must, in accordance with the Rules, register—\nthat transportation facility; and\nas a transportation service provider for that transportation facility.\nSubsection (1) does not apply if—\nthe transportation facility or the provider is exempted from registration under that subsection by or under the Rules; or\nthe transportation facility or the provider is exempted by the AER from registration under that subsection by or under this Law or the Rules.\nFor performing statutory functions, AEMO is not required to be registered.\ns 91BRR ins 2018 No. 23 (SA) s 11\n(sec.91BRR-ssec.1) A transportation service provider for a transportation facility must, in accordance with the Rules, register— that transportation facility; and as a transportation service provider for that transportation facility.\n(sec.91BRR-ssec.2) Subsection (1) does not apply if— the transportation facility or the provider is exempted from registration under that subsection by or under the Rules; or the transportation facility or the provider is exempted by the AER from registration under that subsection by or under this Law or the Rules.\n(sec.91BRR-ssec.3) For performing statutory functions, AEMO is not required to be registered.\n- (a) that transportation facility; and\n- (b) as a transportation service provider for that transportation facility.\n- (a) the transportation facility or the provider is exempted from registration under that subsection by or under the Rules; or\n- (b) the transportation facility or the provider is exempted by the AER from registration under that subsection by or under this Law or the Rules.","sortOrder":256},{"sectionNumber":"sec.91BRS","sectionType":"section","heading":"Exemptions from obligation to register","content":"### sec.91BRS Exemptions from obligation to register\n\nA transportation service provider (or prospective transportation service provider) for a transportation facility may request the AER to exempt the transportation service provider (or prospective transportation service provider on becoming the transportation service provider for the transportation facility) from the obligation to register—\nthe transportation facility under section 91BRR (1) (a) ; or\nas a transportation service provider for the transportation facility under section 91BRR (1) (b) .\nA request under subsection (1) must be made in accordance with the Rules.\nOn receipt of a request under subsection (1) , the AER may, subject to the Rules, grant the exemption.\nAn exemption granted under subsection (3) may be subject to such terms and conditions as may be required by the Rules or as the AER considers appropriate in accordance with the Rules.\nIn this section—\nprospective transportation service provider for a transportation facility means a person who intends to own, control or operate the transportation facility.\ns 91BRS ins 2018 No. 23 (SA) s 11\n(sec.91BRS-ssec.1) A transportation service provider (or prospective transportation service provider) for a transportation facility may request the AER to exempt the transportation service provider (or prospective transportation service provider on becoming the transportation service provider for the transportation facility) from the obligation to register— the transportation facility under section 91BRR (1) (a) ; or as a transportation service provider for the transportation facility under section 91BRR (1) (b) .\n(sec.91BRS-ssec.2) A request under subsection (1) must be made in accordance with the Rules.\n(sec.91BRS-ssec.3) On receipt of a request under subsection (1) , the AER may, subject to the Rules, grant the exemption.\n(sec.91BRS-ssec.4) An exemption granted under subsection (3) may be subject to such terms and conditions as may be required by the Rules or as the AER considers appropriate in accordance with the Rules.\n(sec.91BRS-ssec.5) In this section— prospective transportation service provider for a transportation facility means a person who intends to own, control or operate the transportation facility.\n- (a) the transportation facility under section 91BRR (1) (a) ; or\n- (b) as a transportation service provider for the transportation facility under section 91BRR (1) (b) .","sortOrder":257},{"sectionNumber":"sec.91BRT","sectionType":"section","heading":"Certificates of registration and exemption from registration","content":"### sec.91BRT Certificates of registration and exemption from registration\n\nA certificate signed by an authorised officer certifying that a transportation facility described, or a transportation service provider named, in the certificate is registered, or exempt from registration, is evidence of the registration or exemption.\nIn this section, an authorised officer is—\nin relation to registration, AEMO’s CEO or a person authorised by the CEO to issue certificates under this section; or\nin relation to exemption, the AER’s CEO or a person authorised by the CEO to issue certificates under this section.\ns 91BRT ins 2018 No. 23 (SA) s 11\n(sec.91BRT-ssec.1) A certificate signed by an authorised officer certifying that a transportation facility described, or a transportation service provider named, in the certificate is registered, or exempt from registration, is evidence of the registration or exemption.\n(sec.91BRT-ssec.2) In this section, an authorised officer is— in relation to registration, AEMO’s CEO or a person authorised by the CEO to issue certificates under this section; or in relation to exemption, the AER’s CEO or a person authorised by the CEO to issue certificates under this section.\n- (a) in relation to registration, AEMO’s CEO or a person authorised by the CEO to issue certificates under this section; or\n- (b) in relation to exemption, the AER’s CEO or a person authorised by the CEO to issue certificates under this section.","sortOrder":258},{"sectionNumber":"ch.2-pt.6-div.3","sectionType":"division","heading":"Information etc to be provided to Ministers","content":"## Information etc to be provided to Ministers","sortOrder":259},{"sectionNumber":"sec.91C","sectionType":"section","heading":"Ministerial request","content":"### sec.91C Ministerial request\n\nThe MCE or a Minister of a participating jurisdiction may ask AEMO for information, a report or other services.\nThe request may be accompanied by a written statement of the purpose for which the information, report or other services are sought.\ns 91C ins 2009 No. 30 (SA) s 14\n(sec.91C-ssec.1) The MCE or a Minister of a participating jurisdiction may ask AEMO for information, a report or other services.\n(sec.91C-ssec.2) The request may be accompanied by a written statement of the purpose for which the information, report or other services are sought.","sortOrder":260},{"sectionNumber":"sec.91CA","sectionType":"section","heading":"Compliance with request","content":"### sec.91CA Compliance with request\n\nAEMO must comply with a request under this Division.\nHowever, if compliance with the request would involve disclosure of protected information, AEMO may only provide the information if its disclosure is authorised under this Law or the Rules.\nThe Minister of an adoptive jurisdiction may be entitled to certain protected information under section 91BB .\ns 91CA ins 2009 No. 30 (SA) s 14\n(sec.91CA-ssec.1) AEMO must comply with a request under this Division.\n(sec.91CA-ssec.2) However, if compliance with the request would involve disclosure of protected information, AEMO may only provide the information if its disclosure is authorised under this Law or the Rules. The Minister of an adoptive jurisdiction may be entitled to certain protected information under section 91BB .","sortOrder":261},{"sectionNumber":"sec.91CB","sectionType":"section","heading":"Quarterly report","content":"### sec.91CB Quarterly report\n\nAEMO must report to the MCE in each quarter on its work under this Division for the previous quarter.\nThe report must—\nsummarise each request received in the relevant quarter; and\nstate by whom each request was made.\ns 91CB ins 2009 No. 30 (SA) s 14\n(sec.91CB-ssec.1) AEMO must report to the MCE in each quarter on its work under this Division for the previous quarter.\n(sec.91CB-ssec.2) The report must— summarise each request received in the relevant quarter; and state by whom each request was made.\n- (a) summarise each request received in the relevant quarter; and\n- (b) state by whom each request was made.","sortOrder":262},{"sectionNumber":"ch.2-pt.6-div.4","sectionType":"division","heading":"Gas statement of opportunities","content":"## Gas statement of opportunities","sortOrder":263},{"sectionNumber":"sec.91D","sectionType":"section","heading":"Object and content of gas statement of opportunities","content":"### sec.91D Object and content of gas statement of opportunities\n\nThe purpose of the gas statement of opportunities is to provide information to assist Registered participants and other persons in making informed decisions about investment in the covered gas industry.\nThe gas statement of opportunities must include the following:\nfor each covered gas specified in the Rules, an assessment of—\nmedium to long term demand (including export demand) for the gas and for pipeline services; and\nsupply and pipeline capacity to meet existing and foreseeable demand for the gas and pipeline services; and\nlikely long term production or transmission constraints;\nforecasts of the outlook for the covered gas industry over a 20 year planning horizon;\nan assessment of likely long term shortfalls in natural gas reserves;\nany other information required by the Rules.\ns 91D ins 2009 No. 30 (SA) s 14\namd 2022 No. 3 (SA) s 24 ; 2023 No. 36 (SA) s 39\n(sec.91D-ssec.1) The purpose of the gas statement of opportunities is to provide information to assist Registered participants and other persons in making informed decisions about investment in the covered gas industry.\n(sec.91D-ssec.2) The gas statement of opportunities must include the following: for each covered gas specified in the Rules, an assessment of— medium to long term demand (including export demand) for the gas and for pipeline services; and supply and pipeline capacity to meet existing and foreseeable demand for the gas and pipeline services; and likely long term production or transmission constraints; forecasts of the outlook for the covered gas industry over a 20 year planning horizon; an assessment of likely long term shortfalls in natural gas reserves; any other information required by the Rules.\n- (a) for each covered gas specified in the Rules, an assessment of— (i) medium to long term demand (including export demand) for the gas and for pipeline services; and (ii) supply and pipeline capacity to meet existing and foreseeable demand for the gas and pipeline services; and (iii) likely long term production or transmission constraints;\n- (i) medium to long term demand (including export demand) for the gas and for pipeline services; and\n- (ii) supply and pipeline capacity to meet existing and foreseeable demand for the gas and pipeline services; and\n- (iii) likely long term production or transmission constraints;\n- (b) forecasts of the outlook for the covered gas industry over a 20 year planning horizon;\n- (c) an assessment of likely long term shortfalls in natural gas reserves;\n- (d) any other information required by the Rules.\n- (i) medium to long term demand (including export demand) for the gas and for pipeline services; and\n- (ii) supply and pipeline capacity to meet existing and foreseeable demand for the gas and pipeline services; and\n- (iii) likely long term production or transmission constraints;","sortOrder":264},{"sectionNumber":"sec.91DA","sectionType":"section","heading":"AEMO’s obligation in regard to gas statement of opportunities","content":"### sec.91DA AEMO’s obligation in regard to gas statement of opportunities\n\nAEMO must prepare, periodically review, revise, and publish the gas statement of opportunities in accordance with the Rules.\nAEMO also has the following functions in relation to the gas statement of opportunities:\nto collect and collate GSOO information;\nto collect and collate other information in relation to the covered gas industry;\nto derive from information of the type mentioned in paragraph (a) or (b) information for inclusion in the gas statement of opportunities.\ns 91DA ins 2009 No. 30 (SA) s 14\namd 2022 No. 3 (SA) s 25 ; 2023 No. 36 (SA) s 40\n(sec.91DA-ssec.1) AEMO must prepare, periodically review, revise, and publish the gas statement of opportunities in accordance with the Rules.\n(sec.91DA-ssec.2) AEMO also has the following functions in relation to the gas statement of opportunities: to collect and collate GSOO information; to collect and collate other information in relation to the covered gas industry; to derive from information of the type mentioned in paragraph (a) or (b) information for inclusion in the gas statement of opportunities.\n- (a) to collect and collate GSOO information;\n- (b) to collect and collate other information in relation to the covered gas industry;\n- (c) to derive from information of the type mentioned in paragraph (a) or (b) information for inclusion in the gas statement of opportunities.","sortOrder":265},{"sectionNumber":"sec.91DB","sectionType":"section","heading":"Information for the gas statement of opportunities","content":"### sec.91DB Information for the gas statement of opportunities\n\nA person who has possession or control of information in relation to the covered gas industry must give the information to AEMO for use by AEMO in the preparation, review, revision or publication of the gas statement of opportunities if the person is required to do so under the Rules.\nThe information must be given to AEMO in accordance with the Rules.\nSubsection (1) does not apply if the person is exempt under the Rules from giving the information.\nSubsection (1) does not require—\na person to disclose information that is the subject of legal professional privilege; or\na natural person to disclose information that would incriminate the person or make the person liable to a criminal penalty under the law of an Australian jurisdiction (whether or not the jurisdiction is a participating jurisdiction).\ns 91DB ins 2022 No. 3 (SA) s 26\namd 2023 No. 36 (SA) s 41\n(sec.91DB-ssec.1) A person who has possession or control of information in relation to the covered gas industry must give the information to AEMO for use by AEMO in the preparation, review, revision or publication of the gas statement of opportunities if the person is required to do so under the Rules.\n(sec.91DB-ssec.2) The information must be given to AEMO in accordance with the Rules.\n(sec.91DB-ssec.3) Subsection (1) does not apply if the person is exempt under the Rules from giving the information.\n(sec.91DB-ssec.4) Subsection (1) does not require— a person to disclose information that is the subject of legal professional privilege; or a natural person to disclose information that would incriminate the person or make the person liable to a criminal penalty under the law of an Australian jurisdiction (whether or not the jurisdiction is a participating jurisdiction).\n- (a) a person to disclose information that is the subject of legal professional privilege; or\n- (b) a natural person to disclose information that would incriminate the person or make the person liable to a criminal penalty under the law of an Australian jurisdiction (whether or not the jurisdiction is a participating jurisdiction).","sortOrder":266},{"sectionNumber":"sec.91DC","sectionType":"section","heading":"Person cannot rely on duty of confidence to avoid compliance with obligation","content":"### sec.91DC Person cannot rely on duty of confidence to avoid compliance with obligation\n\nA person must not refuse to comply with the requirement in section 91DB on the ground of any duty of confidence.\ns 91DC ins 2022 No. 3 (SA) s 26","sortOrder":267},{"sectionNumber":"sec.91DD","sectionType":"section","heading":"Giving AEMO false or misleading information","content":"### sec.91DD Giving AEMO false or misleading information\n\nA person must not give GSOO information to AEMO that the person knows is false or misleading in a material particular.\ns 91DD ins 2022 No. 3 (SA) s 26","sortOrder":268},{"sectionNumber":"sec.91DE","sectionType":"section","heading":"Immunity of persons giving GSOO information to AEMO","content":"### sec.91DE Immunity of persons giving GSOO information to AEMO\n\nA person who gives GSOO information to AEMO does not incur any civil monetary liability for an act or omission in giving that information unless the act or omission is done or made in bad faith or through negligence.\nThe civil monetary liability for an act or omission of a kind referred to in subsection (1) done or made through negligence may not exceed the prescribed maximum amount.\nThe Regulations may, for the purposes of subsection (2) , without limitation do all or any of the following:\nprescribe a maximum amount that is limited in its application to persons, events, circumstances, losses or periods specified in the Regulations;\nprescribe maximum amounts that vary in their application according to the persons to whom or the events, circumstances, losses or periods to which they are expressed to apply;\nprescribe the manner in which a maximum amount is to be divided amongst claimants.\nA person mentioned in subsection (1) may enter into an agreement with another person varying or excluding the operation of a provision of this section and, to the extent of that agreement, that provision does not apply.\ns 91DE ins 2022 No. 3 (SA) s 26\n(sec.91DE-ssec.1) A person who gives GSOO information to AEMO does not incur any civil monetary liability for an act or omission in giving that information unless the act or omission is done or made in bad faith or through negligence.\n(sec.91DE-ssec.2) The civil monetary liability for an act or omission of a kind referred to in subsection (1) done or made through negligence may not exceed the prescribed maximum amount.\n(sec.91DE-ssec.3) The Regulations may, for the purposes of subsection (2) , without limitation do all or any of the following: prescribe a maximum amount that is limited in its application to persons, events, circumstances, losses or periods specified in the Regulations; prescribe maximum amounts that vary in their application according to the persons to whom or the events, circumstances, losses or periods to which they are expressed to apply; prescribe the manner in which a maximum amount is to be divided amongst claimants.\n(sec.91DE-ssec.4) A person mentioned in subsection (1) may enter into an agreement with another person varying or excluding the operation of a provision of this section and, to the extent of that agreement, that provision does not apply.\n- (a) prescribe a maximum amount that is limited in its application to persons, events, circumstances, losses or periods specified in the Regulations;\n- (b) prescribe maximum amounts that vary in their application according to the persons to whom or the events, circumstances, losses or periods to which they are expressed to apply;\n- (c) prescribe the manner in which a maximum amount is to be divided amongst claimants.","sortOrder":269},{"sectionNumber":"sec.91DF","sectionType":"section","heading":"GSOO Procedures","content":"### sec.91DF GSOO Procedures\n\nAEMO may, in accordance with the Rules, make GSOO Procedures.\ns 91DF ins 2022 No. 3 (SA) s 26","sortOrder":270},{"sectionNumber":"sec.91DG","sectionType":"section","heading":"Nature of GSOO Procedures","content":"### sec.91DG Nature of GSOO Procedures\n\nGSOO Procedures are a form of statutory instrument directed at the collection of information for the gas statement of opportunities.\nThe GSOO Procedures may deal with the following matters:\nthe matters specified by the Rules;\nany other matter relevant to the gas statement of opportunities on which this Law or the Rules contemplate the making of Procedures.\nThe GSOO Procedures—\nmay vary according to the persons, times, places or circumstances to which they are expressed to apply; and\nmay confer functions or powers on, or leave any matter or thing to be decided by, AEMO; and\nmay confer rights or impose obligations; and\nmay confer power on AEMO to make or issue guidelines, tests, standards and other documents of an administrative nature; and\nmay confer power on AEMO to require a person to whom a right is conferred, or an obligation is imposed, under the Procedures—\nto comply with a guideline, standard or other document of an administrative nature; or\nto conduct, or submit to, a test designated by AEMO under the Procedures; and\nmay exempt, or confer a power of exemption, from the application of the Procedures or specified provisions of the Procedures; and\nmay contain provisions of a savings or transitional nature.\nAEMO must not, without the consent of the MCE, make Procedures that confer a right or function, or impose an obligation, on the MCE or a Minister of a participating jurisdiction.\nThe GSOO Procedures cannot—\ncreate an offence; or\nprovide for a criminal or civil penalty.\ns 91DG ins 2022 No. 3 (SA) s 26\n(sec.91DG-ssec.1) GSOO Procedures are a form of statutory instrument directed at the collection of information for the gas statement of opportunities.\n(sec.91DG-ssec.2) The GSOO Procedures may deal with the following matters: the matters specified by the Rules; any other matter relevant to the gas statement of opportunities on which this Law or the Rules contemplate the making of Procedures.\n(sec.91DG-ssec.3) The GSOO Procedures— may vary according to the persons, times, places or circumstances to which they are expressed to apply; and may confer functions or powers on, or leave any matter or thing to be decided by, AEMO; and may confer rights or impose obligations; and may confer power on AEMO to make or issue guidelines, tests, standards and other documents of an administrative nature; and may confer power on AEMO to require a person to whom a right is conferred, or an obligation is imposed, under the Procedures— to comply with a guideline, standard or other document of an administrative nature; or to conduct, or submit to, a test designated by AEMO under the Procedures; and may exempt, or confer a power of exemption, from the application of the Procedures or specified provisions of the Procedures; and may contain provisions of a savings or transitional nature.\n(sec.91DG-ssec.4) AEMO must not, without the consent of the MCE, make Procedures that confer a right or function, or impose an obligation, on the MCE or a Minister of a participating jurisdiction.\n(sec.91DG-ssec.5) The GSOO Procedures cannot— create an offence; or provide for a criminal or civil penalty.\n- (a) the matters specified by the Rules;\n- (b) any other matter relevant to the gas statement of opportunities on which this Law or the Rules contemplate the making of Procedures.\n- (a) may vary according to the persons, times, places or circumstances to which they are expressed to apply; and\n- (b) may confer functions or powers on, or leave any matter or thing to be decided by, AEMO; and\n- (c) may confer rights or impose obligations; and\n- (d) may confer power on AEMO to make or issue guidelines, tests, standards and other documents of an administrative nature; and\n- (e) may confer power on AEMO to require a person to whom a right is conferred, or an obligation is imposed, under the Procedures— (i) to comply with a guideline, standard or other document of an administrative nature; or (ii) to conduct, or submit to, a test designated by AEMO under the Procedures; and\n- (i) to comply with a guideline, standard or other document of an administrative nature; or\n- (ii) to conduct, or submit to, a test designated by AEMO under the Procedures; and\n- (f) may exempt, or confer a power of exemption, from the application of the Procedures or specified provisions of the Procedures; and\n- (g) may contain provisions of a savings or transitional nature.\n- (i) to comply with a guideline, standard or other document of an administrative nature; or\n- (ii) to conduct, or submit to, a test designated by AEMO under the Procedures; and\n- (a) create an offence; or\n- (b) provide for a criminal or civil penalty.","sortOrder":271},{"sectionNumber":"sec.91DH","sectionType":"section","heading":"Compliance with GSOO Procedures","content":"### sec.91DH Compliance with GSOO Procedures\n\nAEMO and each person to whom the GSOO Procedures are applicable must comply with the Procedures.\nIf AEMO has reason to believe that a person is not complying with the GSOO Procedures, it may, by notice in writing, direct the person to comply with the relevant provisions of the GSOO Procedures.\nA person to whom a direction is addressed under subsection (2) must comply with the direction.\ns 91DH ins 2022 No. 3 (SA) s 26\n(sec.91DH-ssec.1) AEMO and each person to whom the GSOO Procedures are applicable must comply with the Procedures.\n(sec.91DH-ssec.2) If AEMO has reason to believe that a person is not complying with the GSOO Procedures, it may, by notice in writing, direct the person to comply with the relevant provisions of the GSOO Procedures.\n(sec.91DH-ssec.3) A person to whom a direction is addressed under subsection (2) must comply with the direction.","sortOrder":272},{"sectionNumber":"ch.2-pt.6-div.5","sectionType":"division","heading":"Fees and charges","content":"## Fees and charges","sortOrder":273},{"sectionNumber":"sec.91E","sectionType":"section","heading":"AEMO fees and charges","content":"### sec.91E AEMO fees and charges\n\nAEMO may—\ndetermine fees and charges for services provided by it under this Law, the Rules or the Procedures; and\ncharge for, and recover, the fees and charges in accordance with this Law and the Rules.\nThe fees and charges for a service are to be determined on a non-profit basis that—\nprovides for full recovery of the costs of providing the service; and\ndoes not amount to taxation; and\nis consistent with the requirements of the Rules.\nExact equivalence is not required between the costs of providing a service and the revenue derived from providing the service in a particular accounting period if there are reasonable grounds to believe that costs will over time approximate revenue.\nThis section does not prevent AEMO from generating a profit from the performance of non-statutory functions (such as the provision of consultancy services). Any such profit would not, however, be available for distribution to members.\nDespite the above provisions, a component of AEMO’s fees and charges may, if the Rules so provide, relate to costs that are not specifically referable to services provided under this Law, the Rules or the Procedures.\nAs a general rule, AEMO’s expenditures will be allocated to services provided to the electricity industry or the gas industry. Subsection (4) deals with costs that cannot be wholly attributed to either industry.\nThis section does not limit AEMO’s power to determine, charge for and recover fees and charges for carrying out functions conferred by jurisdictional legislation.\nIn this section—\nservice includes the performance of statutory functions.\ns 91E ins 2009 No. 30 (SA) s 14\n(sec.91E-ssec.1) AEMO may— determine fees and charges for services provided by it under this Law, the Rules or the Procedures; and charge for, and recover, the fees and charges in accordance with this Law and the Rules.\n(sec.91E-ssec.2) The fees and charges for a service are to be determined on a non-profit basis that— provides for full recovery of the costs of providing the service; and does not amount to taxation; and is consistent with the requirements of the Rules.\n(sec.91E-ssec.3) Exact equivalence is not required between the costs of providing a service and the revenue derived from providing the service in a particular accounting period if there are reasonable grounds to believe that costs will over time approximate revenue. This section does not prevent AEMO from generating a profit from the performance of non-statutory functions (such as the provision of consultancy services). Any such profit would not, however, be available for distribution to members.\n(sec.91E-ssec.4) Despite the above provisions, a component of AEMO’s fees and charges may, if the Rules so provide, relate to costs that are not specifically referable to services provided under this Law, the Rules or the Procedures. As a general rule, AEMO’s expenditures will be allocated to services provided to the electricity industry or the gas industry. Subsection (4) deals with costs that cannot be wholly attributed to either industry.\n(sec.91E-ssec.5) This section does not limit AEMO’s power to determine, charge for and recover fees and charges for carrying out functions conferred by jurisdictional legislation.\n(sec.91E-ssec.6) In this section— service includes the performance of statutory functions.\n- (a) determine fees and charges for services provided by it under this Law, the Rules or the Procedures; and\n- (b) charge for, and recover, the fees and charges in accordance with this Law and the Rules.\n- (a) provides for full recovery of the costs of providing the service; and\n- (b) does not amount to taxation; and\n- (c) is consistent with the requirements of the Rules.","sortOrder":274},{"sectionNumber":"ch.2-pt.6-div.6","sectionType":"division","heading":"Information gathering","content":"## Information gathering","sortOrder":275},{"sectionNumber":"sec.91F","sectionType":"section","heading":"Information gathering powers","content":"### sec.91F Information gathering powers\n\nIf AEMO considers it reasonably necessary to do so for the exercise of a relevant function, it may—\nmake a general market information order requiring information from persons of a class specified in the order; or\nserve a market information notice requiring information from the person to whom the notice is addressed.\nA relevant function is—\nthe preparation, review, revision or publication of the gas statement of opportunities; or\na declared system function; or\nan east coast gas system reliability and supply adequacy function; or\nany other statutory function for which this Law authorises AEMO to gather information by means of a market information instrument.\nA general market information order or a market information notice may only be addressed to persons of a class declared by the Regulations to be a class to which such an order or notice may be addressed.\nIn considering whether to make a general market information order or to issue a market information notice and, if so, the terms of the order or notice, AEMO must have regard to the reasonable costs of efficient compliance.\nSubsections (3) and (4) do not apply to an order or notice relating to an east coast gas system reliability and supply adequacy function.\nThe Rules may specify a person, or class of persons, to whom an order or notice relating to an east coast gas system reliability and supply adequacy function may be issued.\nA market information instrument—\nmust specify—\nthe information, or categories of information, that is to be provided to AEMO; and\nthe time by which the information is required; and\nin the case of a general market information order—the class of persons to which the order applies; and\nin the case of a market information notice—the name of the person to whom the notice is addressed; and\nmay specify the manner and form in which information must be provided.\nWithout limiting subsection (5) , a market information instrument—\nmay require information of any of the following kinds:\nhistoric, current and forecast information;\ninformation that may be derived from other information in the possession or control of the person required to provide the information; and\nmay require the provision of information on an annual or other periodic basis.\ns 91F ins 2009 No. 30 (SA) s 14\namd 2023 No. 7 (SA) s 9\n(sec.91F-ssec.1) If AEMO considers it reasonably necessary to do so for the exercise of a relevant function, it may— make a general market information order requiring information from persons of a class specified in the order; or serve a market information notice requiring information from the person to whom the notice is addressed.\n(sec.91F-ssec.2) A relevant function is— the preparation, review, revision or publication of the gas statement of opportunities; or a declared system function; or an east coast gas system reliability and supply adequacy function; or any other statutory function for which this Law authorises AEMO to gather information by means of a market information instrument.\n(sec.91F-ssec.3) A general market information order or a market information notice may only be addressed to persons of a class declared by the Regulations to be a class to which such an order or notice may be addressed.\n(sec.91F-ssec.4) In considering whether to make a general market information order or to issue a market information notice and, if so, the terms of the order or notice, AEMO must have regard to the reasonable costs of efficient compliance.\n(sec.91F-ssec.4a) Subsections (3) and (4) do not apply to an order or notice relating to an east coast gas system reliability and supply adequacy function.\n(sec.91F-ssec.4b) The Rules may specify a person, or class of persons, to whom an order or notice relating to an east coast gas system reliability and supply adequacy function may be issued.\n(sec.91F-ssec.5) A market information instrument— must specify— the information, or categories of information, that is to be provided to AEMO; and the time by which the information is required; and in the case of a general market information order—the class of persons to which the order applies; and in the case of a market information notice—the name of the person to whom the notice is addressed; and may specify the manner and form in which information must be provided.\n(sec.91F-ssec.6) Without limiting subsection (5) , a market information instrument— may require information of any of the following kinds: historic, current and forecast information; information that may be derived from other information in the possession or control of the person required to provide the information; and may require the provision of information on an annual or other periodic basis.\n- (a) make a general market information order requiring information from persons of a class specified in the order; or\n- (b) serve a market information notice requiring information from the person to whom the notice is addressed.\n- (a) the preparation, review, revision or publication of the gas statement of opportunities; or\n- (b) a declared system function; or\n- (ba) an east coast gas system reliability and supply adequacy function; or\n- (c) any other statutory function for which this Law authorises AEMO to gather information by means of a market information instrument.\n- (a) must specify— (i) the information, or categories of information, that is to be provided to AEMO; and (ii) the time by which the information is required; and (iii) in the case of a general market information order—the class of persons to which the order applies; and (iv) in the case of a market information notice—the name of the person to whom the notice is addressed; and\n- (i) the information, or categories of information, that is to be provided to AEMO; and\n- (ii) the time by which the information is required; and\n- (iii) in the case of a general market information order—the class of persons to which the order applies; and\n- (iv) in the case of a market information notice—the name of the person to whom the notice is addressed; and\n- (b) may specify the manner and form in which information must be provided.\n- (i) the information, or categories of information, that is to be provided to AEMO; and\n- (ii) the time by which the information is required; and\n- (iii) in the case of a general market information order—the class of persons to which the order applies; and\n- (iv) in the case of a market information notice—the name of the person to whom the notice is addressed; and\n- (a) may require information of any of the following kinds: (i) historic, current and forecast information; (ii) information that may be derived from other information in the possession or control of the person required to provide the information; and\n- (i) historic, current and forecast information;\n- (ii) information that may be derived from other information in the possession or control of the person required to provide the information; and\n- (b) may require the provision of information on an annual or other periodic basis.\n- (i) historic, current and forecast information;\n- (ii) information that may be derived from other information in the possession or control of the person required to provide the information; and","sortOrder":276},{"sectionNumber":"sec.91FA","sectionType":"section","heading":"Making and publication of general market information order","content":"### sec.91FA Making and publication of general market information order\n\nBefore making a final decision to make a general market information order, AEMO must—\ninvite persons of the class to which the proposed order is addressed to make representations about the terms of the proposed order within a period (at least 20 business days) specified in the invitation; and\nconsider any written representations made in response to the invitation within the specified period.\nA general market information order must be published on AEMO’s website as soon as practicable after it is made.\nSubsection (1) does not apply to an order relating to an east coast gas system reliability and supply adequacy function.\nAEMO must, before making an order relating to an east coast gas system reliability and supply adequacy function—\nconsider the extent to which persons of the class to which the proposed order is addressed may make representations about the terms of the proposed order; and\ninvite those persons to make representations to the extent AEMO considers possible in the circumstances.\ns 91FA ins 2009 No. 30 (SA) s 14\namd 2021 No. 3 (SA) s 41 ; 2023 No. 7 (SA) s 10\n(sec.91FA-ssec.1) Before making a final decision to make a general market information order, AEMO must— invite persons of the class to which the proposed order is addressed to make representations about the terms of the proposed order within a period (at least 20 business days) specified in the invitation; and consider any written representations made in response to the invitation within the specified period.\n(sec.91FA-ssec.2) A general market information order must be published on AEMO’s website as soon as practicable after it is made.\n(sec.91FA-ssec.3) Subsection (1) does not apply to an order relating to an east coast gas system reliability and supply adequacy function.\n(sec.91FA-ssec.4) AEMO must, before making an order relating to an east coast gas system reliability and supply adequacy function— consider the extent to which persons of the class to which the proposed order is addressed may make representations about the terms of the proposed order; and invite those persons to make representations to the extent AEMO considers possible in the circumstances.\n- (a) invite persons of the class to which the proposed order is addressed to make representations about the terms of the proposed order within a period (at least 20 business days) specified in the invitation; and\n- (b) consider any written representations made in response to the invitation within the specified period.\n- (a) consider the extent to which persons of the class to which the proposed order is addressed may make representations about the terms of the proposed order; and\n- (b) invite those persons to make representations to the extent AEMO considers possible in the circumstances.","sortOrder":277},{"sectionNumber":"sec.91FB","sectionType":"section","heading":"Service of market information notice","content":"### sec.91FB Service of market information notice\n\nBefore serving a market information notice, AEMO must—\ngive the person on whom AEMO intends to serve the market information notice (the respondent ) written notice of its intention to do so; and\ngive the respondent a draft of the market information notice.\nA notice under subsection (1) must—\ninvite the respondent to make written representations to AEMO about whether AEMO should serve the market information notice; and\nspecify the period (at least 20 business days) allowed for making the representations.\nAEMO must consider written representations made in response to the invitation within the specified period before making a final decision to serve the market information notice.\nThis section does not apply to a notice relating to an east coast gas system reliability and supply adequacy function.\ns 91FB ins 2009 No. 30 (SA) s 14\namd 2023 No. 7 (SA) s 11\n(sec.91FB-ssec.1) Before serving a market information notice, AEMO must— give the person on whom AEMO intends to serve the market information notice (the respondent ) written notice of its intention to do so; and give the respondent a draft of the market information notice.\n(sec.91FB-ssec.2) A notice under subsection (1) must— invite the respondent to make written representations to AEMO about whether AEMO should serve the market information notice; and specify the period (at least 20 business days) allowed for making the representations.\n(sec.91FB-ssec.3) AEMO must consider written representations made in response to the invitation within the specified period before making a final decision to serve the market information notice.\n(sec.91FB-ssec.4) This section does not apply to a notice relating to an east coast gas system reliability and supply adequacy function.\n- (a) give the person on whom AEMO intends to serve the market information notice (the respondent ) written notice of its intention to do so; and\n- (b) give the respondent a draft of the market information notice.\n- (a) invite the respondent to make written representations to AEMO about whether AEMO should serve the market information notice; and\n- (b) specify the period (at least 20 business days) allowed for making the representations.","sortOrder":278},{"sectionNumber":"sec.91FC","sectionType":"section","heading":"Compliance with market information instrument","content":"### sec.91FC Compliance with market information instrument\n\nA market information instrument takes effect—\nin the case of a general market information order—on publication on AEMO’s website; or\nin the case of a market information notice—on service of the notice on the person to whom it is addressed.\nAEMO may, by written notice, exempt a person from compliance with a general market information order—\nunconditionally or on specified conditions; and\nwholly or to a specified extent.\nSubject to any exemption, a person who is a member of a class to which a general market information order applies must comply with the order.\nA person on whom a market information notice is served must comply with the notice.\nThe duty to comply with a market information instrument prevails over a duty of confidence.\nHowever—\na person cannot be required by a market information instrument to disclose information that is the subject of legal professional privilege; and\na natural person cannot be required by a market information instrument to disclose information that would incriminate the person or make the person liable to a criminal penalty under the law of an Australian jurisdiction (whether or not the jurisdiction is a participating jurisdiction).\nA person incurs no liability, by complying with a market information instrument, for breach of contract, breach of confidence or any other civil wrong.\ns 91FC ins 2009 No. 30 (SA) s 14\n(sec.91FC-ssec.1) A market information instrument takes effect— in the case of a general market information order—on publication on AEMO’s website; or in the case of a market information notice—on service of the notice on the person to whom it is addressed.\n(sec.91FC-ssec.2) AEMO may, by written notice, exempt a person from compliance with a general market information order— unconditionally or on specified conditions; and wholly or to a specified extent.\n(sec.91FC-ssec.3) Subject to any exemption, a person who is a member of a class to which a general market information order applies must comply with the order.\n(sec.91FC-ssec.4) A person on whom a market information notice is served must comply with the notice.\n(sec.91FC-ssec.5) The duty to comply with a market information instrument prevails over a duty of confidence.\n(sec.91FC-ssec.6) However— a person cannot be required by a market information instrument to disclose information that is the subject of legal professional privilege; and a natural person cannot be required by a market information instrument to disclose information that would incriminate the person or make the person liable to a criminal penalty under the law of an Australian jurisdiction (whether or not the jurisdiction is a participating jurisdiction).\n(sec.91FC-ssec.7) A person incurs no liability, by complying with a market information instrument, for breach of contract, breach of confidence or any other civil wrong.\n- (a) in the case of a general market information order—on publication on AEMO’s website; or\n- (b) in the case of a market information notice—on service of the notice on the person to whom it is addressed.\n- (a) unconditionally or on specified conditions; and\n- (b) wholly or to a specified extent.\n- (a) a person cannot be required by a market information instrument to disclose information that is the subject of legal professional privilege; and\n- (b) a natural person cannot be required by a market information instrument to disclose information that would incriminate the person or make the person liable to a criminal penalty under the law of an Australian jurisdiction (whether or not the jurisdiction is a participating jurisdiction).","sortOrder":279},{"sectionNumber":"sec.91FD","sectionType":"section","heading":"Use of information","content":"### sec.91FD Use of information\n\nSubject to anything to the contrary in this Law, AEMO may use information obtained by a market information instrument or in any other way for any purpose connected with the performance of any of its statutory functions.\ns 91FD ins 2009 No. 30 (SA) s 14\namd 2025 No. 7 (SA) s 11","sortOrder":280},{"sectionNumber":"sec.91FE","sectionType":"section","heading":"Providing false or misleading information","content":"### sec.91FE Providing false or misleading information\n\nA person must not, in purported compliance with a market information instrument, provide information to AEMO that the person knows is false or misleading in a material particular.\nMaximum penalty:\nin the case of a natural person—$6 300;\nin the case of a body corporate—$31 500.\nSee Schedule 2 clause 47B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.\ns 91FE ins 2009 No. 30 (SA) s 14\namd 2020 No. 37 (SA) s 57\n- (a) in the case of a natural person—$6 300;\n- (b) in the case of a body corporate—$31 500.","sortOrder":281},{"sectionNumber":"sec.91FEA","sectionType":"section","heading":"Obligation to give information to AEMO","content":"### sec.91FEA Obligation to give information to AEMO\n\nA person of the following kind who has possession or control of information that relates to and is necessary for the operation and administration of a short term trading market by AEMO must give AEMO the information for use by AEMO for the operation and administration of that short term trading market if the person is required to do so under the Procedures or Rules:\nan STTM trading participant;\na service provider;\na storage provider;\na producer;\na blend processing service provider;\nanother person who is prescribed by the Regulations for the purposes of this paragraph.\nThe information must be given to AEMO in accordance with the Procedures or Rules.\nSubsection (1) does not apply if the person is exempt under the Rules from giving the information.\nHowever, subsection (1) does not require—\na person to disclose information that is the subject of legal professional privilege; or\na natural person to disclose information that would incriminate the person or make the person liable to a criminal penalty under the law of an Australian jurisdiction (whether or not the jurisdiction is a participating jurisdiction).\ns 91FEA ins 2009 No. 46 (SA) s 11\namd 2023 No. 36 (SA) s 42\n(sec.91FEA-ssec.1) A person of the following kind who has possession or control of information that relates to and is necessary for the operation and administration of a short term trading market by AEMO must give AEMO the information for use by AEMO for the operation and administration of that short term trading market if the person is required to do so under the Procedures or Rules: an STTM trading participant; a service provider; a storage provider; a producer; a blend processing service provider; another person who is prescribed by the Regulations for the purposes of this paragraph.\n(sec.91FEA-ssec.2) The information must be given to AEMO in accordance with the Procedures or Rules.\n(sec.91FEA-ssec.3) Subsection (1) does not apply if the person is exempt under the Rules from giving the information.\n(sec.91FEA-ssec.4) However, subsection (1) does not require— a person to disclose information that is the subject of legal professional privilege; or a natural person to disclose information that would incriminate the person or make the person liable to a criminal penalty under the law of an Australian jurisdiction (whether or not the jurisdiction is a participating jurisdiction).\n- (a) an STTM trading participant;\n- (b) a service provider;\n- (c) a storage provider;\n- (d) a producer;\n- (da) a blend processing service provider;\n- (e) another person who is prescribed by the Regulations for the purposes of this paragraph.\n- (a) a person to disclose information that is the subject of legal professional privilege; or\n- (b) a natural person to disclose information that would incriminate the person or make the person liable to a criminal penalty under the law of an Australian jurisdiction (whether or not the jurisdiction is a participating jurisdiction).","sortOrder":282},{"sectionNumber":"sec.91FEB","sectionType":"section","heading":"Person cannot rely on duty of confidence to avoid compliance with obligation","content":"### sec.91FEB Person cannot rely on duty of confidence to avoid compliance with obligation\n\nA person must not refuse to comply with the requirement in section 91FEA (1) on the ground of any duty of confidence.\ns 91FEB ins 2009 No. 46 (SA) s 11","sortOrder":283},{"sectionNumber":"sec.91FEC","sectionType":"section","heading":"Giving to AEMO false and misleading information","content":"### sec.91FEC Giving to AEMO false and misleading information\n\nA person must not give STTM information to AEMO that the person knows is false or misleading in a material particular.\nMaximum penalty:\nin the case of a natural person—$6 300;\nin the case of a body corporate—$31 500.\nSee Schedule 2 clause 47B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.\ns 91FEC ins 2009 No. 46 (SA) s 11\namd 2020 No. 37 (SA) s 58\n- (a) in the case of a natural person—$6 300;\n- (b) in the case of a body corporate—$31 500.","sortOrder":284},{"sectionNumber":"sec.91FED","sectionType":"section","heading":"Immunity of persons giving information to AEMO","content":"### sec.91FED Immunity of persons giving information to AEMO\n\nA person who gives STTM information to AEMO does not incur any civil monetary liability for an act or omission in preparing or giving that information unless the act or omission is done or made in bad faith or through negligence.\nThe civil monetary liability for an act or omission of a kind referred to in subsection (1) done or made through negligence may not exceed the prescribed maximum amount.\nThe Regulations may, for the purposes of subsection (2) , without limitation do all or any of the following:\nprescribe a maximum amount that is limited in its application to persons, events, circumstances, losses or periods specified in the Regulations;\nprescribe maximum amounts that vary in their application according to the persons to whom or the events, circumstances, losses or periods to which they are expressed to apply;\nprescribe the manner in which a maximum amount is to be divided amongst claimants.\nA person mentioned in subsection (1) may enter into an agreement with another person varying or excluding the operation of a provision of this section and, to the extent of that agreement, that provision does not apply.\ns 91FED ins 2009 No. 46 (SA) s 11\n(sec.91FED-ssec.1) A person who gives STTM information to AEMO does not incur any civil monetary liability for an act or omission in preparing or giving that information unless the act or omission is done or made in bad faith or through negligence.\n(sec.91FED-ssec.2) The civil monetary liability for an act or omission of a kind referred to in subsection (1) done or made through negligence may not exceed the prescribed maximum amount.\n(sec.91FED-ssec.3) The Regulations may, for the purposes of subsection (2) , without limitation do all or any of the following: prescribe a maximum amount that is limited in its application to persons, events, circumstances, losses or periods specified in the Regulations; prescribe maximum amounts that vary in their application according to the persons to whom or the events, circumstances, losses or periods to which they are expressed to apply; prescribe the manner in which a maximum amount is to be divided amongst claimants.\n(sec.91FED-ssec.4) A person mentioned in subsection (1) may enter into an agreement with another person varying or excluding the operation of a provision of this section and, to the extent of that agreement, that provision does not apply.\n- (a) prescribe a maximum amount that is limited in its application to persons, events, circumstances, losses or periods specified in the Regulations;\n- (b) prescribe maximum amounts that vary in their application according to the persons to whom or the events, circumstances, losses or periods to which they are expressed to apply;\n- (c) prescribe the manner in which a maximum amount is to be divided amongst claimants.","sortOrder":285},{"sectionNumber":"sec.91FEE","sectionType":"section","heading":"Obligation to give information to AEMO","content":"### sec.91FEE Obligation to give information to AEMO\n\nA person of the following kind who has possession or control of information that relates to and is necessary for the operation and administration of a capacity auction by AEMO or the performance of any other capacity auction function of AEMO must give AEMO the information for use by AEMO for the operation and administration of that capacity auction or performance of that other function if the person is required to do so under the Procedures or Rules:\na capacity auction participant;\na transportation service provider;\na transportation facility user;\nanother person who is prescribed by the Regulations for the purposes of this subsection.\nThe information must be given to AEMO in accordance with the Procedures or Rules.\nSubsection (1) does not apply if the person is exempt under the Rules from giving the information.\nHowever, subsection (1) does not require—\na person to disclose information that is the subject of legal professional privilege;\na natural person to disclose information that would incriminate the person or make the person liable to a criminal penalty under the law of an Australian jurisdiction (whether or not the jurisdiction is a participating jurisdiction).\ns 91FEE ins 2018 No. 23 (SA) s 12\n(sec.91FEE-ssec.1) A person of the following kind who has possession or control of information that relates to and is necessary for the operation and administration of a capacity auction by AEMO or the performance of any other capacity auction function of AEMO must give AEMO the information for use by AEMO for the operation and administration of that capacity auction or performance of that other function if the person is required to do so under the Procedures or Rules: a capacity auction participant; a transportation service provider; a transportation facility user; another person who is prescribed by the Regulations for the purposes of this subsection.\n(sec.91FEE-ssec.2) The information must be given to AEMO in accordance with the Procedures or Rules.\n(sec.91FEE-ssec.3) Subsection (1) does not apply if the person is exempt under the Rules from giving the information.\n(sec.91FEE-ssec.4) However, subsection (1) does not require— a person to disclose information that is the subject of legal professional privilege; a natural person to disclose information that would incriminate the person or make the person liable to a criminal penalty under the law of an Australian jurisdiction (whether or not the jurisdiction is a participating jurisdiction).\n- (a) a capacity auction participant;\n- (b) a transportation service provider;\n- (c) a transportation facility user;\n- (d) another person who is prescribed by the Regulations for the purposes of this subsection.\n- (a) a person to disclose information that is the subject of legal professional privilege;\n- (b) a natural person to disclose information that would incriminate the person or make the person liable to a criminal penalty under the law of an Australian jurisdiction (whether or not the jurisdiction is a participating jurisdiction).","sortOrder":286},{"sectionNumber":"sec.91FEF","sectionType":"section","heading":"Person cannot rely on duty of confidence to avoid compliance with obligation","content":"### sec.91FEF Person cannot rely on duty of confidence to avoid compliance with obligation\n\nA person must not refuse to comply with the requirement in section 91FEE (1) on the ground of any duty of confidence.\ns 91FEF ins 2018 No. 23 (SA) s 12","sortOrder":287},{"sectionNumber":"sec.91FEG","sectionType":"section","heading":"Giving to AEMO false and misleading information","content":"### sec.91FEG Giving to AEMO false and misleading information\n\nA person must not give capacity auction information to AEMO that the person knows is false or misleading in a material particular.\nMaximum penalty:\nin the case of a natural person—$6 300;\nin the case of a body corporate—$31 500.\nSee Schedule 2 clause 47B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.\ns 91FEG ins 2018 No. 23 (SA) s 12\namd 2020 No. 37 (SA) s 59\n- (a) in the case of a natural person—$6 300;\n- (b) in the case of a body corporate—$31 500.","sortOrder":288},{"sectionNumber":"sec.91FEH","sectionType":"section","heading":"Immunity of persons giving information to AEMO","content":"### sec.91FEH Immunity of persons giving information to AEMO\n\nA person who gives capacity auction information to AEMO does not incur any civil monetary liability for an act or omission in preparing or giving that information unless the act or omission is done or made in bad faith or through negligence.\nThe civil monetary liability for an act or omission of a kind referred to in subsection (1) done or made through negligence may not exceed the prescribed maximum amount.\nThe Regulations may, for the purposes of subsection (2) , without limitation do all or any of the following:\nprescribe a maximum amount that is limited in its application to persons, events, circumstances, losses or periods specified in the Regulations;\nprescribe maximum amounts that vary in their application according to the persons to whom or the events, circumstances, losses or periods to which they are expressed to apply;\nprescribe the manner in which a maximum amount is to be divided amongst claimants.\nA person mentioned in subsection (1) may enter into an agreement with another person varying or excluding the operation of a provision of this section and, to the extent of that agreement, that provision does not apply.\ns 91FEH ins 2018 No. 23 (SA) s 12\n(sec.91FEH-ssec.1) A person who gives capacity auction information to AEMO does not incur any civil monetary liability for an act or omission in preparing or giving that information unless the act or omission is done or made in bad faith or through negligence.\n(sec.91FEH-ssec.2) The civil monetary liability for an act or omission of a kind referred to in subsection (1) done or made through negligence may not exceed the prescribed maximum amount.\n(sec.91FEH-ssec.3) The Regulations may, for the purposes of subsection (2) , without limitation do all or any of the following: prescribe a maximum amount that is limited in its application to persons, events, circumstances, losses or periods specified in the Regulations; prescribe maximum amounts that vary in their application according to the persons to whom or the events, circumstances, losses or periods to which they are expressed to apply; prescribe the manner in which a maximum amount is to be divided amongst claimants.\n(sec.91FEH-ssec.4) A person mentioned in subsection (1) may enter into an agreement with another person varying or excluding the operation of a provision of this section and, to the extent of that agreement, that provision does not apply.\n- (a) prescribe a maximum amount that is limited in its application to persons, events, circumstances, losses or periods specified in the Regulations;\n- (b) prescribe maximum amounts that vary in their application according to the persons to whom or the events, circumstances, losses or periods to which they are expressed to apply;\n- (c) prescribe the manner in which a maximum amount is to be divided amongst claimants.","sortOrder":289},{"sectionNumber":"sec.91FEI","sectionType":"section","heading":"Giving false and misleading information used for capacity auctions","content":"### sec.91FEI Giving false and misleading information used for capacity auctions\n\nA person must not give to a transportation service provider information that relates to and is necessary for the operation and administration of a capacity auction by AEMO or the performance of any other capacity auction function of AEMO that the person knows is false or misleading in a material particular.\nMaximum penalty:\nin the case of a natural person—$3 400;\nin the case of a body corporate—$17 000.\nSee Schedule 2 clause 47B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.\ns 91FEI ins 2018 No. 23 (SA) s 12\namd 2020 No. 37 (SA) s 60\n- (a) in the case of a natural person—$3 400;\n- (b) in the case of a body corporate—$17 000.","sortOrder":290},{"sectionNumber":"sec.91FEJ","sectionType":"section","heading":"Information required to be given to AEMO","content":"### sec.91FEJ Information required to be given to AEMO\n\nA person who has possession or control of information must give the information to AEMO if—\nthe information relates to the operation and administration of the covered gas industry; and\nthe information is necessary for AEMO to perform a declared system function under section 91BA (1) (c) or (d) ; and\nthe person is required by the Rules to give the information to AEMO.\nThe information must be given to AEMO in accordance with the Wholesale Market Procedures or the Rules.\nSubsection (1) does not apply if the person is exempt under the Rules from giving the information.\nSubsection (1) does not require—\na person to disclose information that is the subject of legal professional privilege; or\na natural person to disclose information that would incriminate the person or make the person liable to a criminal penalty under the law of an Australian jurisdiction, whether or not the jurisdiction is a participating jurisdiction.\ns 91FEJ ins 2023 No. 36 (SA) s 43\n(sec.91FEJ-ssec.1) A person who has possession or control of information must give the information to AEMO if— the information relates to the operation and administration of the covered gas industry; and the information is necessary for AEMO to perform a declared system function under section 91BA (1) (c) or (d) ; and the person is required by the Rules to give the information to AEMO.\n(sec.91FEJ-ssec.2) The information must be given to AEMO in accordance with the Wholesale Market Procedures or the Rules.\n(sec.91FEJ-ssec.3) Subsection (1) does not apply if the person is exempt under the Rules from giving the information.\n(sec.91FEJ-ssec.4) Subsection (1) does not require— a person to disclose information that is the subject of legal professional privilege; or a natural person to disclose information that would incriminate the person or make the person liable to a criminal penalty under the law of an Australian jurisdiction, whether or not the jurisdiction is a participating jurisdiction.\n- (a) the information relates to the operation and administration of the covered gas industry; and\n- (b) the information is necessary for AEMO to perform a declared system function under section 91BA (1) (c) or (d) ; and\n- (c) the person is required by the Rules to give the information to AEMO.\n- (a) a person to disclose information that is the subject of legal professional privilege; or\n- (b) a natural person to disclose information that would incriminate the person or make the person liable to a criminal penalty under the law of an Australian jurisdiction, whether or not the jurisdiction is a participating jurisdiction.","sortOrder":291},{"sectionNumber":"sec.91FEK","sectionType":"section","heading":"Person cannot rely on duty of confidence to avoid compliance with obligation","content":"### sec.91FEK Person cannot rely on duty of confidence to avoid compliance with obligation\n\nA person must not refuse to comply with the requirement in section 91FEJ on the ground of any duty of confidence.\ns 91FEK ins 2023 No. 36 (SA) s 43","sortOrder":292},{"sectionNumber":"sec.91FEL","sectionType":"section","heading":"Giving AEMO false or misleading information","content":"### sec.91FEL Giving AEMO false or misleading information\n\nA person must not give information to AEMO under this Subdivision that the person knows is false or misleading in a material particular.\ns 91FEL ins 2023 No. 36 (SA) s 43","sortOrder":293},{"sectionNumber":"sec.91FEM","sectionType":"section","heading":"Immunity of persons giving information to AEMO","content":"### sec.91FEM Immunity of persons giving information to AEMO\n\nA person who gives information to AEMO under this Subdivision does not incur any civil monetary liability for an act or omission in giving that information unless the act or omission is done or made in bad faith or through negligence.\nThe civil monetary liability for an act or omission of a kind referred to in subsection (1) done or made through negligence may not exceed the maximum amount prescribed by the Regulations.\nThe Regulations may, for the purposes of subsection (2) , without limitation do all or any of the following:\nprescribe a maximum amount that is limited in its application to persons, events, circumstances, losses or periods specified in the Regulations;\nprescribe maximum amounts that vary in their application according to the persons to whom, or the events, circumstances, losses or periods to which, they are expressed to apply;\nprescribe the manner in which a maximum amount is to be divided amongst claimants.\nA person mentioned in subsection (1) may enter into an agreement with another person varying or excluding the operation of a provision of this section and, to the extent of that agreement, that provision does not apply.\ns 91FEM ins 2023 No. 36 (SA) s 43\n(sec.91FEM-ssec.1) A person who gives information to AEMO under this Subdivision does not incur any civil monetary liability for an act or omission in giving that information unless the act or omission is done or made in bad faith or through negligence.\n(sec.91FEM-ssec.2) The civil monetary liability for an act or omission of a kind referred to in subsection (1) done or made through negligence may not exceed the maximum amount prescribed by the Regulations.\n(sec.91FEM-ssec.3) The Regulations may, for the purposes of subsection (2) , without limitation do all or any of the following: prescribe a maximum amount that is limited in its application to persons, events, circumstances, losses or periods specified in the Regulations; prescribe maximum amounts that vary in their application according to the persons to whom, or the events, circumstances, losses or periods to which, they are expressed to apply; prescribe the manner in which a maximum amount is to be divided amongst claimants.\n(sec.91FEM-ssec.4) A person mentioned in subsection (1) may enter into an agreement with another person varying or excluding the operation of a provision of this section and, to the extent of that agreement, that provision does not apply.\n- (a) prescribe a maximum amount that is limited in its application to persons, events, circumstances, losses or periods specified in the Regulations;\n- (b) prescribe maximum amounts that vary in their application according to the persons to whom, or the events, circumstances, losses or periods to which, they are expressed to apply;\n- (c) prescribe the manner in which a maximum amount is to be divided amongst claimants.","sortOrder":294},{"sectionNumber":"ch.2-pt.6-div.7","sectionType":"division","heading":"Protected information","content":"## Protected information","sortOrder":295},{"sectionNumber":"sec.91G","sectionType":"section","heading":"Protected information","content":"### sec.91G Protected information\n\nAEMO must take all reasonable measures to ensure it does not make unauthorised use, or an unauthorised disclosure, of information ( protected information )—\ngiven to it in confidence; or\ngiven to it in connection with the performance of its statutory functions and classified under the Rules, the Procedures or the Regulations as confidential information.\nAEMO makes unauthorised use of protected information if (and only if) it uses the information contrary to this Law.\nSection 91FD authorises AEMO (subject to anything to the contrary in this Law) to use information (whether obtained by a market information instrument or in any other way) for any purpose connected with the performance of any of its statutory functions.\nAEMO makes an unauthorised disclosure of protected information if the disclosure is not authorised under this Law.\nTo avoid doubt, nothing in the Rules, the Procedures or the Regulations prevents AEMO using or disclosing information for any purpose connected with the performance of any of its statutory functions.\ns 91G ins 2009 No. 30 (SA) s 14\namd 2025 No. 7 (SA) s 12\n(sec.91G-ssec.1) AEMO must take all reasonable measures to ensure it does not make unauthorised use, or an unauthorised disclosure, of information ( protected information )— given to it in confidence; or given to it in connection with the performance of its statutory functions and classified under the Rules, the Procedures or the Regulations as confidential information.\n(sec.91G-ssec.2) AEMO makes unauthorised use of protected information if (and only if) it uses the information contrary to this Law. Section 91FD authorises AEMO (subject to anything to the contrary in this Law) to use information (whether obtained by a market information instrument or in any other way) for any purpose connected with the performance of any of its statutory functions.\n(sec.91G-ssec.3) AEMO makes an unauthorised disclosure of protected information if the disclosure is not authorised under this Law.\n(sec.91G-ssec.4) To avoid doubt, nothing in the Rules, the Procedures or the Regulations prevents AEMO using or disclosing information for any purpose connected with the performance of any of its statutory functions.\n- (a) given to it in confidence; or\n- (b) given to it in connection with the performance of its statutory functions and classified under the Rules, the Procedures or the Regulations as confidential information.","sortOrder":296},{"sectionNumber":"sec.91GA","sectionType":"section","heading":"Authorised disclosure of protected information","content":"### sec.91GA Authorised disclosure of protected information\n\nAEMO is authorised to disclose protected information in accordance with this Subdivision.\nAEMO may also be authorised to disclose protected information by the Rules, the Procedures or the Regulations.\ns 91GA ins 2009 No. 30 (SA) s 14\n(sec.91GA-ssec.1) AEMO is authorised to disclose protected information in accordance with this Subdivision.\n(sec.91GA-ssec.2) AEMO may also be authorised to disclose protected information by the Rules, the Procedures or the Regulations.","sortOrder":297},{"sectionNumber":"sec.91GB","sectionType":"section","heading":"Disclosure with prior written consent","content":"### sec.91GB Disclosure with prior written consent\n\nAEMO is authorised to disclose protected information if it has the written consent of the person from whom the information was obtained.\ns 91GB ins 2009 No. 30 (SA) s 14","sortOrder":298},{"sectionNumber":"sec.91GC","sectionType":"section","heading":"Disclosure required or permitted by law etc","content":"### sec.91GC Disclosure required or permitted by law etc\n\nThe disclosure of protected information as required or permitted by a law of the Commonwealth, a State or Territory is authorised.\nThe disclosure of protected information to any of the following is authorised—\nthe Australian Competition and Consumer Commission;\nthe Australian Energy Regulator;\nthe Australian Energy Market Commission;\nthe Energy Security Board;\nthe Economic Regulation Authority of Western Australia;\na jurisdictional regulator;\nthe National Competition Council;\nthe Australian Bureau of Statistics;\nthe Clean Energy Regulator;\neach department responsible for the administration of the application Act of a participating jurisdiction;\nthe Minister of a participating jurisdiction;\nif the information is reasonably required by an energy ombudsman to resolve a dispute between a Registered participant and a retail customer but the information is not end use consumer information—the energy ombudsman;\na prescribed body;\na person or body who—\nsatisfies any requirements or criteria prescribed for the purposes of this paragraph; or\nis a member of a class of persons or bodies prescribed for the purposes of this paragraph;\nany staff or consultant assisting a body mentioned above in performing its functions or exercising its powers.\nSubject to any conditions imposed under subsection (4) , a person or body to whom protected information is disclosed under subsection (2) may use the information for any purpose connected with the performance of the functions, or the exercise of the powers, of the person or body.\nAEMO may impose conditions to be complied with in relation to protected information disclosed under subsection (2) .\nSubject to any conditions imposed under subsection (4) , the disclosure of protected information by a person in the ordinary course of carrying out functions as an officer or employee of, or consultant to, a body mentioned in subsection (2) is authorised.\ns 91GC ins 2009 No. 30 (SA) s 14\namd 2011 No. 7 (SA) s 60 ; 2018 No. 12 (SA) s 22 ; 2025 No. 7 (SA) s 13\n(sec.91GC-ssec.1) The disclosure of protected information as required or permitted by a law of the Commonwealth, a State or Territory is authorised.\n(sec.91GC-ssec.2) The disclosure of protected information to any of the following is authorised— the Australian Competition and Consumer Commission; the Australian Energy Regulator; the Australian Energy Market Commission; the Energy Security Board; the Economic Regulation Authority of Western Australia; a jurisdictional regulator; the National Competition Council; the Australian Bureau of Statistics; the Clean Energy Regulator; each department responsible for the administration of the application Act of a participating jurisdiction; the Minister of a participating jurisdiction; if the information is reasonably required by an energy ombudsman to resolve a dispute between a Registered participant and a retail customer but the information is not end use consumer information—the energy ombudsman; a prescribed body; a person or body who— satisfies any requirements or criteria prescribed for the purposes of this paragraph; or is a member of a class of persons or bodies prescribed for the purposes of this paragraph; any staff or consultant assisting a body mentioned above in performing its functions or exercising its powers.\n(sec.91GC-ssec.3) Subject to any conditions imposed under subsection (4) , a person or body to whom protected information is disclosed under subsection (2) may use the information for any purpose connected with the performance of the functions, or the exercise of the powers, of the person or body.\n(sec.91GC-ssec.4) AEMO may impose conditions to be complied with in relation to protected information disclosed under subsection (2) .\n(sec.91GC-ssec.5) Subject to any conditions imposed under subsection (4) , the disclosure of protected information by a person in the ordinary course of carrying out functions as an officer or employee of, or consultant to, a body mentioned in subsection (2) is authorised.\n- (a) the Australian Competition and Consumer Commission;\n- (b) the Australian Energy Regulator;\n- (c) the Australian Energy Market Commission;\n- (ca) the Energy Security Board;\n- (d) the Economic Regulation Authority of Western Australia;\n- (e) a jurisdictional regulator;\n- (f) the National Competition Council;\n- (fa) the Australian Bureau of Statistics;\n- (fb) the Clean Energy Regulator;\n- (fc) each department responsible for the administration of the application Act of a participating jurisdiction;\n- (fd) the Minister of a participating jurisdiction;\n- (g) if the information is reasonably required by an energy ombudsman to resolve a dispute between a Registered participant and a retail customer but the information is not end use consumer information—the energy ombudsman;\n- (h) a prescribed body;\n- (ha) a person or body who— (i) satisfies any requirements or criteria prescribed for the purposes of this paragraph; or (ii) is a member of a class of persons or bodies prescribed for the purposes of this paragraph;\n- (i) satisfies any requirements or criteria prescribed for the purposes of this paragraph; or\n- (ii) is a member of a class of persons or bodies prescribed for the purposes of this paragraph;\n- (i) any staff or consultant assisting a body mentioned above in performing its functions or exercising its powers.\n- (i) satisfies any requirements or criteria prescribed for the purposes of this paragraph; or\n- (ii) is a member of a class of persons or bodies prescribed for the purposes of this paragraph;","sortOrder":299},{"sectionNumber":"sec.91GCA","sectionType":"section","heading":"Authorised disclosure to particular entities for data sharing purposes","content":"### sec.91GCA Authorised disclosure to particular entities for data sharing purposes\n\nAEMO may disclose protected information to the following entities (each a relevant entity) if the disclosure is for a data sharing purpose mentioned in subsection (2) :\nany of the following:\nan Australian university;\na research facility that is part of an Australian university and conducting research in relation to energy;\nan Australian university researcher who is conducting research in relation to energy;\nEnergy Consumers Australia;\nthe Australian Renewable Energy Agency;\nthe Clean Energy Finance Corporation;\na prescribed body;\na person or body who—\nsatisfies any requirements or criteria prescribed for the purposes of this paragraph; or\nis a member of a class of persons or bodies prescribed for the purposes of this paragraph;\nany staff assisting a person or body mentioned above in performing its functions or exercising its powers.\nFor the purposes of this section, each of the following is a data sharing purpose :\nthe delivery of government services;\ninforming government planning, policy or programs;\nresearch in relation to energy.\nHowever, AEMO must not disclose protected information under this section for any of the following purposes:\ndetecting, investigating, prosecuting or punishing—\nan offence; or\na contravention of a law punishable by a pecuniary penalty;\ndetecting, investigating or addressing acts or practices detrimental to public revenue;\ndetecting, investigating or addressing serious misconduct;\nconducting surveillance or monitoring, or intelligence-gathering activities;\nconducting protective or custodial activities;\nenforcing a law relating to the confiscation of proceeds of crime;\npreparing for, or conducting, proceedings before a court or tribunal or implementing a court or tribunal order.\nAEMO may impose conditions to be complied with in relation to protected information disclosed under subsection (1) .\nSubject to the requirements of subsections (7) , (8) and (10) and any conditions imposed under subsection (4) , a relevant entity to which protected information is disclosed under subsection (1) may use the information for the data sharing purpose for which it was disclosed.\nSubject to the requirements of subsections (7) , (8) and (10) and any conditions imposed under subsection (4) , a person to whom protected information is disclosed under subsection (1) may use the information in the ordinary course of carrying out functions as an officer or employee of a relevant entity.\nA relevant entity to which protected information is disclosed for a data sharing purpose under subsection (1) must not use the information for another purpose (a secondary purpose ) unless—\nAEMO has given written consent for the use or disclosure of the information for the secondary purpose; or\nthe entity is authorised by or under another Act or law to use or disclose the information for the secondary purpose.\nA relevant entity to which protected information is disclosed under subsection (1) —\nmust take reasonable steps to protect the information from—\nmisuse, interference or loss; and\nunauthorised use, access, modification or disclosure; and\nmust ensure that the information is de-identified or destroyed when the information is no longer required.\nSubsection (10) applies if a relevant entity to which protected information is disclosed under subsection (1) reasonably suspects or becomes aware that a requirement under subsection (7) or (8) has not been complied with.\nThe entity must make a report to the AER about the non-compliance—\nas soon as practicable, but not later than 5 business days, after the entity reasonably suspects or becomes aware that the requirement has not been complied with; and\nin the form (if any) approved and published by the AER.\nIn this section—\nAustralian university means a registered higher education provider—\nthat, for the purposes of the Tertiary Education Quality and Standards Agency Act 2011 of the Commonwealth, is registered in the “Australian University” provider category; and\nthat is established by or under a law of the Commonwealth or a State or Territory;\nAustralian university researcher means—\na member of staff of an Australian university; or\nan undergraduate or postgraduate student of an Australian university; or\na consultant to an Australian university;\ncourt or tribunal order —\nmeans an order, direction or other instrument made by—\na court; or\na judge (including a judge acting in a personal capacity) or a person acting as a judge; or\na magistrate (including a magistrate acting in a personal capacity) or a person acting as a magistrate; or\nany other person or body that has the power to act judicially under a law of the Commonwealth or a State or Territory; or\na tribunal; or\na member or an officer of a tribunal; and\nincludes an order, direction or other instrument that is of an interim or interlocutory nature;\ndelivery of government services means the delivery of any of the following services by the Commonwealth or a State or Territory:\nproviding information;\nproviding services, other than services relating to a payment, entitlement or benefit;\ndetermining eligibility for a payment, entitlement or benefit;\npaying a payment, entitlement or benefit.\nSubsections (7) , (8) and (10) are civil penalty provisions.\ns 91GCA ins 2025 No. 7 (SA) s 14\n(sec.91GCA-ssec.1) AEMO may disclose protected information to the following entities (each a relevant entity) if the disclosure is for a data sharing purpose mentioned in subsection (2) : any of the following: an Australian university; a research facility that is part of an Australian university and conducting research in relation to energy; an Australian university researcher who is conducting research in relation to energy; Energy Consumers Australia; the Australian Renewable Energy Agency; the Clean Energy Finance Corporation; a prescribed body; a person or body who— satisfies any requirements or criteria prescribed for the purposes of this paragraph; or is a member of a class of persons or bodies prescribed for the purposes of this paragraph; any staff assisting a person or body mentioned above in performing its functions or exercising its powers.\n(sec.91GCA-ssec.2) For the purposes of this section, each of the following is a data sharing purpose : the delivery of government services; informing government planning, policy or programs; research in relation to energy.\n(sec.91GCA-ssec.3) However, AEMO must not disclose protected information under this section for any of the following purposes: detecting, investigating, prosecuting or punishing— an offence; or a contravention of a law punishable by a pecuniary penalty; detecting, investigating or addressing acts or practices detrimental to public revenue; detecting, investigating or addressing serious misconduct; conducting surveillance or monitoring, or intelligence-gathering activities; conducting protective or custodial activities; enforcing a law relating to the confiscation of proceeds of crime; preparing for, or conducting, proceedings before a court or tribunal or implementing a court or tribunal order.\n(sec.91GCA-ssec.4) AEMO may impose conditions to be complied with in relation to protected information disclosed under subsection (1) .\n(sec.91GCA-ssec.5) Subject to the requirements of subsections (7) , (8) and (10) and any conditions imposed under subsection (4) , a relevant entity to which protected information is disclosed under subsection (1) may use the information for the data sharing purpose for which it was disclosed.\n(sec.91GCA-ssec.6) Subject to the requirements of subsections (7) , (8) and (10) and any conditions imposed under subsection (4) , a person to whom protected information is disclosed under subsection (1) may use the information in the ordinary course of carrying out functions as an officer or employee of a relevant entity.\n(sec.91GCA-ssec.7) A relevant entity to which protected information is disclosed for a data sharing purpose under subsection (1) must not use the information for another purpose (a secondary purpose ) unless— AEMO has given written consent for the use or disclosure of the information for the secondary purpose; or the entity is authorised by or under another Act or law to use or disclose the information for the secondary purpose.\n(sec.91GCA-ssec.8) A relevant entity to which protected information is disclosed under subsection (1) — must take reasonable steps to protect the information from— misuse, interference or loss; and unauthorised use, access, modification or disclosure; and must ensure that the information is de-identified or destroyed when the information is no longer required.\n(sec.91GCA-ssec.9) Subsection (10) applies if a relevant entity to which protected information is disclosed under subsection (1) reasonably suspects or becomes aware that a requirement under subsection (7) or (8) has not been complied with.\n(sec.91GCA-ssec.10) The entity must make a report to the AER about the non-compliance— as soon as practicable, but not later than 5 business days, after the entity reasonably suspects or becomes aware that the requirement has not been complied with; and in the form (if any) approved and published by the AER.\n(sec.91GCA-ssec.11) In this section— Australian university means a registered higher education provider— that, for the purposes of the Tertiary Education Quality and Standards Agency Act 2011 of the Commonwealth, is registered in the “Australian University” provider category; and that is established by or under a law of the Commonwealth or a State or Territory; Australian university researcher means— a member of staff of an Australian university; or an undergraduate or postgraduate student of an Australian university; or a consultant to an Australian university; court or tribunal order — means an order, direction or other instrument made by— a court; or a judge (including a judge acting in a personal capacity) or a person acting as a judge; or a magistrate (including a magistrate acting in a personal capacity) or a person acting as a magistrate; or any other person or body that has the power to act judicially under a law of the Commonwealth or a State or Territory; or a tribunal; or a member or an officer of a tribunal; and includes an order, direction or other instrument that is of an interim or interlocutory nature; delivery of government services means the delivery of any of the following services by the Commonwealth or a State or Territory: providing information; providing services, other than services relating to a payment, entitlement or benefit; determining eligibility for a payment, entitlement or benefit; paying a payment, entitlement or benefit.\n- (a) any of the following: (i) an Australian university; (ii) a research facility that is part of an Australian university and conducting research in relation to energy; (iii) an Australian university researcher who is conducting research in relation to energy;\n- (i) an Australian university;\n- (ii) a research facility that is part of an Australian university and conducting research in relation to energy;\n- (iii) an Australian university researcher who is conducting research in relation to energy;\n- (b) Energy Consumers Australia;\n- (c) the Australian Renewable Energy Agency;\n- (d) the Clean Energy Finance Corporation;\n- (e) a prescribed body;\n- (f) a person or body who— (i) satisfies any requirements or criteria prescribed for the purposes of this paragraph; or (ii) is a member of a class of persons or bodies prescribed for the purposes of this paragraph;\n- (i) satisfies any requirements or criteria prescribed for the purposes of this paragraph; or\n- (ii) is a member of a class of persons or bodies prescribed for the purposes of this paragraph;\n- (g) any staff assisting a person or body mentioned above in performing its functions or exercising its powers.\n- (i) an Australian university;\n- (ii) a research facility that is part of an Australian university and conducting research in relation to energy;\n- (iii) an Australian university researcher who is conducting research in relation to energy;\n- (i) satisfies any requirements or criteria prescribed for the purposes of this paragraph; or\n- (ii) is a member of a class of persons or bodies prescribed for the purposes of this paragraph;\n- (a) the delivery of government services;\n- (b) informing government planning, policy or programs;\n- (c) research in relation to energy.\n- (a) detecting, investigating, prosecuting or punishing— (i) an offence; or (ii) a contravention of a law punishable by a pecuniary penalty;\n- (i) an offence; or\n- (ii) a contravention of a law punishable by a pecuniary penalty;\n- (b) detecting, investigating or addressing acts or practices detrimental to public revenue;\n- (c) detecting, investigating or addressing serious misconduct;\n- (d) conducting surveillance or monitoring, or intelligence-gathering activities;\n- (e) conducting protective or custodial activities;\n- (f) enforcing a law relating to the confiscation of proceeds of crime;\n- (g) preparing for, or conducting, proceedings before a court or tribunal or implementing a court or tribunal order.\n- (i) an offence; or\n- (ii) a contravention of a law punishable by a pecuniary penalty;\n- (a) AEMO has given written consent for the use or disclosure of the information for the secondary purpose; or\n- (b) the entity is authorised by or under another Act or law to use or disclose the information for the secondary purpose.\n- (a) must take reasonable steps to protect the information from— (i) misuse, interference or loss; and (ii) unauthorised use, access, modification or disclosure; and\n- (i) misuse, interference or loss; and\n- (ii) unauthorised use, access, modification or disclosure; and\n- (b) must ensure that the information is de-identified or destroyed when the information is no longer required.\n- (i) misuse, interference or loss; and\n- (ii) unauthorised use, access, modification or disclosure; and\n- (a) as soon as practicable, but not later than 5 business days, after the entity reasonably suspects or becomes aware that the requirement has not been complied with; and\n- (b) in the form (if any) approved and published by the AER.\n- (a) that, for the purposes of the Tertiary Education Quality and Standards Agency Act 2011 of the Commonwealth, is registered in the “Australian University” provider category; and\n- (b) that is established by or under a law of the Commonwealth or a State or Territory;\n- (a) a member of staff of an Australian university; or\n- (b) an undergraduate or postgraduate student of an Australian university; or\n- (c) a consultant to an Australian university;\n- (a) means an order, direction or other instrument made by— (i) a court; or (ii) a judge (including a judge acting in a personal capacity) or a person acting as a judge; or (iii) a magistrate (including a magistrate acting in a personal capacity) or a person acting as a magistrate; or (iv) any other person or body that has the power to act judicially under a law of the Commonwealth or a State or Territory; or (v) a tribunal; or (vi) a member or an officer of a tribunal; and\n- (i) a court; or\n- (ii) a judge (including a judge acting in a personal capacity) or a person acting as a judge; or\n- (iii) a magistrate (including a magistrate acting in a personal capacity) or a person acting as a magistrate; or\n- (iv) any other person or body that has the power to act judicially under a law of the Commonwealth or a State or Territory; or\n- (v) a tribunal; or\n- (vi) a member or an officer of a tribunal; and\n- (b) includes an order, direction or other instrument that is of an interim or interlocutory nature;\n- (i) a court; or\n- (ii) a judge (including a judge acting in a personal capacity) or a person acting as a judge; or\n- (iii) a magistrate (including a magistrate acting in a personal capacity) or a person acting as a magistrate; or\n- (iv) any other person or body that has the power to act judicially under a law of the Commonwealth or a State or Territory; or\n- (v) a tribunal; or\n- (vi) a member or an officer of a tribunal; and\n- (a) providing information;\n- (b) providing services, other than services relating to a payment, entitlement or benefit;\n- (c) determining eligibility for a payment, entitlement or benefit;\n- (d) paying a payment, entitlement or benefit.","sortOrder":300},{"sectionNumber":"sec.91GCB","sectionType":"section","heading":"Disclosure of protected information by officer or employee of, or consultant to, AEMO","content":"### sec.91GCB Disclosure of protected information by officer or employee of, or consultant to, AEMO\n\nThe disclosure of protected information by a person in the ordinary course of carrying out functions as an officer or employee of, or consultant to, AEMO is authorised.\ns 91GCB ins 2025 No. 7 (SA) s 14","sortOrder":301},{"sectionNumber":"sec.91GD","sectionType":"section","heading":"Disclosure for purposes of court and tribunal proceedings","content":"### sec.91GD Disclosure for purposes of court and tribunal proceedings\n\nAEMO is authorised to disclose protected information for the purposes of—\ncivil or criminal proceedings; or\na proceeding before the Tribunal or a tribunal established by or under a law of this jurisdiction or another participating jurisdiction.\ns 91GD ins 2009 No. 30 (SA) s 14\n- (a) civil or criminal proceedings; or\n- (b) a proceeding before the Tribunal or a tribunal established by or under a law of this jurisdiction or another participating jurisdiction.","sortOrder":302},{"sectionNumber":"sec.91GE","sectionType":"section","heading":"Disclosure of document with omission of protected information","content":"### sec.91GE Disclosure of document with omission of protected information\n\nIf a document contains both protected information and other information, AEMO may disclose the document with the omission of the protected information.\nAEMO must include a note at the place in the document from which the protected information is omitted to the effect that protected information has been omitted from the document.\ns 91GE ins 2009 No. 30 (SA) s 14\n(sec.91GE-ssec.1) If a document contains both protected information and other information, AEMO may disclose the document with the omission of the protected information.\n(sec.91GE-ssec.2) AEMO must include a note at the place in the document from which the protected information is omitted to the effect that protected information has been omitted from the document.","sortOrder":303},{"sectionNumber":"sec.91GF","sectionType":"section","heading":"Disclosure of non-identifying information","content":"### sec.91GF Disclosure of non-identifying information\n\nAEMO is authorised to disclose protected information if—\nit does not disclose any elements of the information that could lead to the identification of the person to whom the information relates; or\nthe manner in which it discloses the information does not identify the person to whom that information relates.\nProtected information may be combined or arranged with other information to prevent the identification of the person to whom the protected information relates.\ns 91GF ins 2009 No. 30 (SA) s 14\n- (a) it does not disclose any elements of the information that could lead to the identification of the person to whom the information relates; or\n- (b) the manner in which it discloses the information does not identify the person to whom that information relates.","sortOrder":304},{"sectionNumber":"sec.91GFA","sectionType":"section","heading":"Disclosure of information in an aggregated form","content":"### sec.91GFA Disclosure of information in an aggregated form\n\nAEMO is authorised to disclose information given to it in confidence, in compliance with this Law or the Rules or voluntarily, if the information has been combined or arranged with other information so that it does not reveal any confidential aspects of the information.\ns 91GFA ins 2016 No. 55 (SA) s 15","sortOrder":305},{"sectionNumber":"sec.91GG","sectionType":"section","heading":"Disclosure of protected information for safety, proper operation of the market etc","content":"### sec.91GG Disclosure of protected information for safety, proper operation of the market etc\n\nAEMO is authorised to disclose protected information if—\nthe disclosure is necessary for—\nthe safety, reliability, adequacy or security of the supply of covered gas; or\nthe safety, reliability, adequacy or security of a pipeline; or\nthe disclosure is necessary for the proper operation of a regulated gas market, a capacity auction or the Capacity Transfer and Auction Procedures,; or\nthe information is in the public domain.\nAEMO may impose conditions to be complied with in relation to information disclosed under subsection (1) (a) or (b) .\ns 91GG ins 2009 No. 30 (SA) s 14\namd 2018 No. 23 (SA) s 13 ; 2023 No. 7 (SA) s 12 ; 2023 No. 36 (SA) s 44\n(sec.91GG-ssec.1) AEMO is authorised to disclose protected information if— the disclosure is necessary for— the safety, reliability, adequacy or security of the supply of covered gas; or the safety, reliability, adequacy or security of a pipeline; or the disclosure is necessary for the proper operation of a regulated gas market, a capacity auction or the Capacity Transfer and Auction Procedures,; or the information is in the public domain.\n(sec.91GG-ssec.2) AEMO may impose conditions to be complied with in relation to information disclosed under subsection (1) (a) or (b) .\n- (a) the disclosure is necessary for— (i) the safety, reliability, adequacy or security of the supply of covered gas; or (ii) the safety, reliability, adequacy or security of a pipeline; or\n- (i) the safety, reliability, adequacy or security of the supply of covered gas; or\n- (ii) the safety, reliability, adequacy or security of a pipeline; or\n- (b) the disclosure is necessary for the proper operation of a regulated gas market, a capacity auction or the Capacity Transfer and Auction Procedures,; or\n- (c) the information is in the public domain.\n- (i) the safety, reliability, adequacy or security of the supply of covered gas; or\n- (ii) the safety, reliability, adequacy or security of a pipeline; or","sortOrder":306},{"sectionNumber":"sec.91GH","sectionType":"section","heading":"Disclosure of protected information authorised if detriment does not outweigh public benefit","content":"### sec.91GH Disclosure of protected information authorised if detriment does not outweigh public benefit\n\nSubject to this section, AEMO is authorised to disclose protected information after the restricted period if AEMO is of the opinion—\nthat the disclosure of the information would not cause detriment to the person who has given it or to a person from whom that person received it; or\nthat, although the disclosure of the information would cause detriment to such a person, the public benefit in disclosing it outweighs that detriment.\nBefore disclosing the protected information, AEMO must give the person who gave the protected information—\na written notice (an initial disclosure notice ) stating—\nthat AEMO wishes to disclose the information, specifying the nature of the intended disclosure; and\nthat AEMO is of the opinion required by subsection (1) ; and\nthat the person, within the period specified in the notice, may make representations to AEMO against disclosure of the information; and\nAEMO’s decision, in writing, setting out the reasons why AEMO—\nwishes to make the disclosure; and\nis of the opinion required by subsection (1) .\nIf AEMO is aware that the person who gave the protected information in turn received the information from another person and is aware of the other person’s identity and address, AEMO must, before disclosing the information give the other person—\na written notice (an initial disclosure notice ) stating—\nthat AEMO wishes to disclose the information, specifying the nature of the intended disclosure; and\nthat AEMO is of the opinion required by subsection (1) ; and\nthat the person, within the period specified in the notice, may make representations to AEMO against disclosure of the information; and\nAEMO’s decision, in writing, setting out the reasons why AEMO—\nwishes to make the disclosure; and\nis of the opinion required by subsection (1) .\nAEMO must consider every representation made to it by a person given an initial disclosure notice within the time specified in the notice.\nThe period specified in an initial disclosure notice must not be less than 5 business days after the date the initial disclosure notice is given to the person.\nIf, after considering the representations, AEMO wishes to disclose the protected information, AEMO must give the person given the initial disclosure notice—\na written notice (a further disclosure notice ) stating—\nthat AEMO intends to disclose the information, specifying the nature of the intended disclosure; and\nthat AEMO is of the opinion required by subsection (1) ; and\nAEMO’s decision, in writing, setting out the reasons why AEMO—\nintends to make the disclosure; and\nis of the opinion required by subsection (1) .\nFor the purposes of this section, the disclosure of anything that is already in the public domain at the time AEMO wishes to disclose it cannot cause detriment to any person referred to in subsection (2) or (3) .\nDespite anything to the contrary in this Law, this section is taken to be an exhaustive statement of the requirements of the natural justice hearing rule in relation to—\nAEMO’s decision under subsection (1) to disclose protected information; and\nwithout limiting paragraph (a) , if AEMO’s decision under subsection (1) is to disclose the protected information, AEMO’s opinion—\nthat the disclosure of the information would not cause detriment to the person who gave the information or, if the person who gave the information in turn received the information from another person, that other person (as the case may be); or\nthat, although the disclosure of the information would cause detriment to such a person, the public benefit in disclosing it outweighs that detriment.\nIn this section—\nrestricted period means a period of 5 business days after—\nan initial disclosure notice has been given under this section; or\na further disclosure notice has been given under this section,\nwhichever is the later.\ns 91GH ins 2009 No. 30 (SA) s 14\namd 2016 No. 55 (SA) s 16 ; 2021 No. 3 (SA) s 42\n(sec.91GH-ssec.1) Subject to this section, AEMO is authorised to disclose protected information after the restricted period if AEMO is of the opinion— that the disclosure of the information would not cause detriment to the person who has given it or to a person from whom that person received it; or that, although the disclosure of the information would cause detriment to such a person, the public benefit in disclosing it outweighs that detriment.\n(sec.91GH-ssec.2) Before disclosing the protected information, AEMO must give the person who gave the protected information— a written notice (an initial disclosure notice ) stating— that AEMO wishes to disclose the information, specifying the nature of the intended disclosure; and that AEMO is of the opinion required by subsection (1) ; and that the person, within the period specified in the notice, may make representations to AEMO against disclosure of the information; and AEMO’s decision, in writing, setting out the reasons why AEMO— wishes to make the disclosure; and is of the opinion required by subsection (1) .\n(sec.91GH-ssec.3) If AEMO is aware that the person who gave the protected information in turn received the information from another person and is aware of the other person’s identity and address, AEMO must, before disclosing the information give the other person— a written notice (an initial disclosure notice ) stating— that AEMO wishes to disclose the information, specifying the nature of the intended disclosure; and that AEMO is of the opinion required by subsection (1) ; and that the person, within the period specified in the notice, may make representations to AEMO against disclosure of the information; and AEMO’s decision, in writing, setting out the reasons why AEMO— wishes to make the disclosure; and is of the opinion required by subsection (1) .\n(sec.91GH-ssec.4) AEMO must consider every representation made to it by a person given an initial disclosure notice within the time specified in the notice.\n(sec.91GH-ssec.5) The period specified in an initial disclosure notice must not be less than 5 business days after the date the initial disclosure notice is given to the person.\n(sec.91GH-ssec.6) If, after considering the representations, AEMO wishes to disclose the protected information, AEMO must give the person given the initial disclosure notice— a written notice (a further disclosure notice ) stating— that AEMO intends to disclose the information, specifying the nature of the intended disclosure; and that AEMO is of the opinion required by subsection (1) ; and AEMO’s decision, in writing, setting out the reasons why AEMO— intends to make the disclosure; and is of the opinion required by subsection (1) .\n(sec.91GH-ssec.7) For the purposes of this section, the disclosure of anything that is already in the public domain at the time AEMO wishes to disclose it cannot cause detriment to any person referred to in subsection (2) or (3) .\n(sec.91GH-ssec.7a) Despite anything to the contrary in this Law, this section is taken to be an exhaustive statement of the requirements of the natural justice hearing rule in relation to— AEMO’s decision under subsection (1) to disclose protected information; and without limiting paragraph (a) , if AEMO’s decision under subsection (1) is to disclose the protected information, AEMO’s opinion— that the disclosure of the information would not cause detriment to the person who gave the information or, if the person who gave the information in turn received the information from another person, that other person (as the case may be); or that, although the disclosure of the information would cause detriment to such a person, the public benefit in disclosing it outweighs that detriment.\n(sec.91GH-ssec.8) In this section— restricted period means a period of 5 business days after— an initial disclosure notice has been given under this section; or a further disclosure notice has been given under this section, whichever is the later.\n- (a) that the disclosure of the information would not cause detriment to the person who has given it or to a person from whom that person received it; or\n- (b) that, although the disclosure of the information would cause detriment to such a person, the public benefit in disclosing it outweighs that detriment.\n- (a) a written notice (an initial disclosure notice ) stating— (i) that AEMO wishes to disclose the information, specifying the nature of the intended disclosure; and (ii) that AEMO is of the opinion required by subsection (1) ; and (iii) that the person, within the period specified in the notice, may make representations to AEMO against disclosure of the information; and\n- (i) that AEMO wishes to disclose the information, specifying the nature of the intended disclosure; and\n- (ii) that AEMO is of the opinion required by subsection (1) ; and\n- (iii) that the person, within the period specified in the notice, may make representations to AEMO against disclosure of the information; and\n- (b) AEMO’s decision, in writing, setting out the reasons why AEMO— (i) wishes to make the disclosure; and (ii) is of the opinion required by subsection (1) .\n- (i) wishes to make the disclosure; and\n- (ii) is of the opinion required by subsection (1) .\n- (i) that AEMO wishes to disclose the information, specifying the nature of the intended disclosure; and\n- (ii) that AEMO is of the opinion required by subsection (1) ; and\n- (iii) that the person, within the period specified in the notice, may make representations to AEMO against disclosure of the information; and\n- (i) wishes to make the disclosure; and\n- (ii) is of the opinion required by subsection (1) .\n- (a) a written notice (an initial disclosure notice ) stating— (i) that AEMO wishes to disclose the information, specifying the nature of the intended disclosure; and (ii) that AEMO is of the opinion required by subsection (1) ; and (iii) that the person, within the period specified in the notice, may make representations to AEMO against disclosure of the information; and\n- (i) that AEMO wishes to disclose the information, specifying the nature of the intended disclosure; and\n- (ii) that AEMO is of the opinion required by subsection (1) ; and\n- (iii) that the person, within the period specified in the notice, may make representations to AEMO against disclosure of the information; and\n- (b) AEMO’s decision, in writing, setting out the reasons why AEMO— (i) wishes to make the disclosure; and (ii) is of the opinion required by subsection (1) .\n- (i) wishes to make the disclosure; and\n- (ii) is of the opinion required by subsection (1) .\n- (i) that AEMO wishes to disclose the information, specifying the nature of the intended disclosure; and\n- (ii) that AEMO is of the opinion required by subsection (1) ; and\n- (iii) that the person, within the period specified in the notice, may make representations to AEMO against disclosure of the information; and\n- (i) wishes to make the disclosure; and\n- (ii) is of the opinion required by subsection (1) .\n- (a) a written notice (a further disclosure notice ) stating— (i) that AEMO intends to disclose the information, specifying the nature of the intended disclosure; and (ii) that AEMO is of the opinion required by subsection (1) ; and\n- (i) that AEMO intends to disclose the information, specifying the nature of the intended disclosure; and\n- (ii) that AEMO is of the opinion required by subsection (1) ; and\n- (b) AEMO’s decision, in writing, setting out the reasons why AEMO— (i) intends to make the disclosure; and (ii) is of the opinion required by subsection (1) .\n- (i) intends to make the disclosure; and\n- (ii) is of the opinion required by subsection (1) .\n- (i) that AEMO intends to disclose the information, specifying the nature of the intended disclosure; and\n- (ii) that AEMO is of the opinion required by subsection (1) ; and\n- (i) intends to make the disclosure; and\n- (ii) is of the opinion required by subsection (1) .\n- (a) AEMO’s decision under subsection (1) to disclose protected information; and\n- (b) without limiting paragraph (a) , if AEMO’s decision under subsection (1) is to disclose the protected information, AEMO’s opinion— (i) that the disclosure of the information would not cause detriment to the person who gave the information or, if the person who gave the information in turn received the information from another person, that other person (as the case may be); or (ii) that, although the disclosure of the information would cause detriment to such a person, the public benefit in disclosing it outweighs that detriment.\n- (i) that the disclosure of the information would not cause detriment to the person who gave the information or, if the person who gave the information in turn received the information from another person, that other person (as the case may be); or\n- (ii) that, although the disclosure of the information would cause detriment to such a person, the public benefit in disclosing it outweighs that detriment.\n- (i) that the disclosure of the information would not cause detriment to the person who gave the information or, if the person who gave the information in turn received the information from another person, that other person (as the case may be); or\n- (ii) that, although the disclosure of the information would cause detriment to such a person, the public benefit in disclosing it outweighs that detriment.\n- (a) an initial disclosure notice has been given under this section; or\n- (b) a further disclosure notice has been given under this section,","sortOrder":307},{"sectionNumber":"ch.2-pt.6-div.8","sectionType":"division","heading":"Obligation to make payments","content":"## Obligation to make payments","sortOrder":308},{"sectionNumber":"sec.91H","sectionType":"section","heading":"Obligations under Rules or Procedures to make payments","content":"### sec.91H Obligations under Rules or Procedures to make payments\n\nIf, under the Rules or Procedures—\na Registered participant is required to pay an amount to AEMO or another Registered participant; or\nAEMO is required to pay an amount to a Registered participant,\nand that amount is not paid within 28 days after it is due in accordance with the Rules or Procedures, the Registered participant to whom the amount is due or AEMO (as the case requires) may recover that amount in a court of competent jurisdiction as a civil debt.\nIf, under the Rules or Procedures, a Registered participant is required to pay an amount to AEMO or another Registered participant, or AEMO is required to pay an amount to a Registered participant, and the Rules or Procedures do not specify a date for payment of that amount—\nthat amount must be paid within the period of time specified in a notice to pay issued by the Registered participant or AEMO (as the case requires) that specifies that amount; and\nthe Registered participant that issued the notice to pay, or AEMO (as the case requires), may, if that amount is not paid within 28 days after it is due in accordance with that notice, recover that amount in a relevant court of competent jurisdiction as a civil debt.\nSubsections (1) and (2) apply despite a Registered participant or AEMO disputing, in accordance with the Rules, an amount to be paid under the Rules or Procedures, or specified in a notice to pay, unless—\nthe Rules or Procedures otherwise provide; or\nthe parties to the dispute agree otherwise; or\na Dispute resolution panel, in a rule dispute in respect of the payment of an amount referred to in subsection (1) or (2) , determines that the relevant subsection does not apply; or\na court of competent jurisdiction determines that subsection (1) or (2) does not apply.\nIn this section—\nAEMO includes, in relation to a gas trading exchange, a person appointed by AEMO to operate that exchange;\nnotice to pay includes a statement of payment, settlement statement, bill or invoice;\nRegistered participant includes the following:\nan exempted participant;\na capacity auction participant;\na transportation service provider registered with AEMO under section 91BRR or exempted from registration under that section;\na gas trading exchange member.\na relevant entity (within the meaning of section 91AF ).\ns 91H ins 2009 No. 30 (SA) s 14\namd 2013 No. 54 (SA) s 8 ; 2018 No. 23 (SA) s 14 ; 2023 No. 7 (SA) s 13\n(sec.91H-ssec.1) If, under the Rules or Procedures— a Registered participant is required to pay an amount to AEMO or another Registered participant; or AEMO is required to pay an amount to a Registered participant, and that amount is not paid within 28 days after it is due in accordance with the Rules or Procedures, the Registered participant to whom the amount is due or AEMO (as the case requires) may recover that amount in a court of competent jurisdiction as a civil debt.\n(sec.91H-ssec.2) If, under the Rules or Procedures, a Registered participant is required to pay an amount to AEMO or another Registered participant, or AEMO is required to pay an amount to a Registered participant, and the Rules or Procedures do not specify a date for payment of that amount— that amount must be paid within the period of time specified in a notice to pay issued by the Registered participant or AEMO (as the case requires) that specifies that amount; and the Registered participant that issued the notice to pay, or AEMO (as the case requires), may, if that amount is not paid within 28 days after it is due in accordance with that notice, recover that amount in a relevant court of competent jurisdiction as a civil debt.\n(sec.91H-ssec.3) Subsections (1) and (2) apply despite a Registered participant or AEMO disputing, in accordance with the Rules, an amount to be paid under the Rules or Procedures, or specified in a notice to pay, unless— the Rules or Procedures otherwise provide; or the parties to the dispute agree otherwise; or a Dispute resolution panel, in a rule dispute in respect of the payment of an amount referred to in subsection (1) or (2) , determines that the relevant subsection does not apply; or a court of competent jurisdiction determines that subsection (1) or (2) does not apply.\n(sec.91H-ssec.4) In this section— AEMO includes, in relation to a gas trading exchange, a person appointed by AEMO to operate that exchange; notice to pay includes a statement of payment, settlement statement, bill or invoice; Registered participant includes the following: an exempted participant; a capacity auction participant; a transportation service provider registered with AEMO under section 91BRR or exempted from registration under that section; a gas trading exchange member. a relevant entity (within the meaning of section 91AF ).\n- (a) a Registered participant is required to pay an amount to AEMO or another Registered participant; or\n- (b) AEMO is required to pay an amount to a Registered participant,\n- (a) that amount must be paid within the period of time specified in a notice to pay issued by the Registered participant or AEMO (as the case requires) that specifies that amount; and\n- (b) the Registered participant that issued the notice to pay, or AEMO (as the case requires), may, if that amount is not paid within 28 days after it is due in accordance with that notice, recover that amount in a relevant court of competent jurisdiction as a civil debt.\n- (a) the Rules or Procedures otherwise provide; or\n- (b) the parties to the dispute agree otherwise; or\n- (c) a Dispute resolution panel, in a rule dispute in respect of the payment of an amount referred to in subsection (1) or (2) , determines that the relevant subsection does not apply; or\n- (d) a court of competent jurisdiction determines that subsection (1) or (2) does not apply.\n- (a) an exempted participant;\n- (b) a capacity auction participant;\n- (c) a transportation service provider registered with AEMO under section 91BRR or exempted from registration under that section;\n- (d) a gas trading exchange member.\n- (e) a relevant entity (within the meaning of section 91AF ).","sortOrder":309},{"sectionNumber":"ch.2-pt.6-div.9","sectionType":"division","heading":"AEMO’s statutory funds","content":"## AEMO’s statutory funds","sortOrder":310},{"sectionNumber":"sec.91J","sectionType":"section","heading":"Definitions","content":"### sec.91J Definitions\n\nIn this Division—\nRule fund means—\na fund—\nestablished under legislation of a participating jurisdiction (whether primary or subordinate); and\nadministered by a former gas market operator immediately before the relevant changeover date; and\ntransferred to AEMO’s administration on or after that date; or\na fund established as a Rule fund under this Division.\ns 91J ins 2009 No. 30 (SA) s 14\n- (a) a fund— (i) established under legislation of a participating jurisdiction (whether primary or subordinate); and (ii) administered by a former gas market operator immediately before the relevant changeover date; and (iii) transferred to AEMO’s administration on or after that date; or\n- (i) established under legislation of a participating jurisdiction (whether primary or subordinate); and\n- (ii) administered by a former gas market operator immediately before the relevant changeover date; and\n- (iii) transferred to AEMO’s administration on or after that date; or\n- (b) a fund established as a Rule fund under this Division.\n- (i) established under legislation of a participating jurisdiction (whether primary or subordinate); and\n- (ii) administered by a former gas market operator immediately before the relevant changeover date; and\n- (iii) transferred to AEMO’s administration on or after that date; or","sortOrder":311},{"sectionNumber":"sec.91JA","sectionType":"section","heading":"AEMO’s Rule funds","content":"### sec.91JA AEMO’s Rule funds\n\nSubject to the Rules—\nthe Rule funds in existence on the relevant changeover date vest in AEMO; and\nAEMO then becomes (and will continue to be) responsible for the administration of the Rule funds then in existence; and\nAEMO will be responsible for the administration of a Rule fund established after the relevant changeover date as from the establishment of the fund.\nAEMO must, if required to do so by the Rules or the Procedures, establish and maintain a new Rule fund in accordance with the Rules or the Procedures.\nNothing in this Law, the Rules or the Procedures constitutes AEMO, or a director of AEMO, as a trustee of a Rule fund.\ns 91JA ins 2009 No. 30 (SA) s 14\n(sec.91JA-ssec.1) Subject to the Rules— the Rule funds in existence on the relevant changeover date vest in AEMO; and AEMO then becomes (and will continue to be) responsible for the administration of the Rule funds then in existence; and AEMO will be responsible for the administration of a Rule fund established after the relevant changeover date as from the establishment of the fund.\n(sec.91JA-ssec.2) AEMO must, if required to do so by the Rules or the Procedures, establish and maintain a new Rule fund in accordance with the Rules or the Procedures.\n(sec.91JA-ssec.3) Nothing in this Law, the Rules or the Procedures constitutes AEMO, or a director of AEMO, as a trustee of a Rule fund.\n- (a) the Rule funds in existence on the relevant changeover date vest in AEMO; and\n- (b) AEMO then becomes (and will continue to be) responsible for the administration of the Rule funds then in existence; and\n- (c) AEMO will be responsible for the administration of a Rule fund established after the relevant changeover date as from the establishment of the fund.","sortOrder":312},{"sectionNumber":"sec.91JB","sectionType":"section","heading":"Payments into and out of Rule funds","content":"### sec.91JB Payments into and out of Rule funds\n\nAEMO must ensure that there is paid into each Rule fund—\nall amounts received by AEMO that, under the Rules or the Procedures, are required to be paid into the fund; and\nincome from investment of money in the fund.\nMoney held in a Rule fund may be applied only in payment of—\namounts that, under the Rules or the Procedures, are required or permitted to be paid from the fund; or\nliabilities or expenses of the fund.\ns 91JB ins 2009 No. 30 (SA) s 14\n(sec.91JB-ssec.1) AEMO must ensure that there is paid into each Rule fund— all amounts received by AEMO that, under the Rules or the Procedures, are required to be paid into the fund; and income from investment of money in the fund.\n(sec.91JB-ssec.2) Money held in a Rule fund may be applied only in payment of— amounts that, under the Rules or the Procedures, are required or permitted to be paid from the fund; or liabilities or expenses of the fund.\n- (a) all amounts received by AEMO that, under the Rules or the Procedures, are required to be paid into the fund; and\n- (b) income from investment of money in the fund.\n- (a) amounts that, under the Rules or the Procedures, are required or permitted to be paid from the fund; or\n- (b) liabilities or expenses of the fund.","sortOrder":313},{"sectionNumber":"sec.91JC","sectionType":"section","heading":"Investment","content":"### sec.91JC Investment\n\nAEMO may invest money standing to the credit of a Rule fund.\nAEMO must, in exercising the power of investment, exercise the care, diligence and skill that a prudent person would exercise in managing the affairs of others.\ns 91JC ins 2009 No. 30 (SA) s 14\n(sec.91JC-ssec.1) AEMO may invest money standing to the credit of a Rule fund.\n(sec.91JC-ssec.2) AEMO must, in exercising the power of investment, exercise the care, diligence and skill that a prudent person would exercise in managing the affairs of others.","sortOrder":314},{"sectionNumber":"ch.2-pt.6-div.10","sectionType":"division","heading":"Immunity","content":"## Immunity","sortOrder":315},{"sectionNumber":"sec.91K","sectionType":"section","heading":"Immunity from liability","content":"### sec.91K Immunity from liability\n\nNeither AEMO nor an officer or employee of AEMO incurs any civil monetary liability for an act or omission in the performance or exercise, or purported performance or exercise, of a function or power under this Law, the Rules or the Procedures unless the act or omission is done or made in bad faith or through negligence.\nThe civil monetary liability for an act or omission of a kind referred to in subsection (1) done or made through negligence may not exceed the maximum amount prescribed by the Regulations.\nThe Regulations prescribing a limitation of civil monetary liability for the purposes of subsection (2) —\nmay limit its application, or vary the maximum amount, according to—\nthe nature of the functions or powers out of which the liability arises; or\nthe market to which the liability relates; or\nthe nature of the events or circumstances out of which the liability arises; or\nthe nature of the damage or loss; or\nthe person or persons suffering damage or loss; or\nthe season or period in which the liability is incurred; or\nany combination of the above; and\nmay prescribe the manner in which a maximum amount is to be divided among claimants.\nAEMO may enter into an agreement with a person varying or excluding the operation of a provision of this section and this section will then apply to that person subject to that agreement.\nThis section does not apply to any liability of an officer or employee of a body corporate to the body corporate.\ns 91K ins 2009 No. 30 (SA) s 14\n(sec.91K-ssec.1) Neither AEMO nor an officer or employee of AEMO incurs any civil monetary liability for an act or omission in the performance or exercise, or purported performance or exercise, of a function or power under this Law, the Rules or the Procedures unless the act or omission is done or made in bad faith or through negligence.\n(sec.91K-ssec.2) The civil monetary liability for an act or omission of a kind referred to in subsection (1) done or made through negligence may not exceed the maximum amount prescribed by the Regulations.\n(sec.91K-ssec.3) The Regulations prescribing a limitation of civil monetary liability for the purposes of subsection (2) — may limit its application, or vary the maximum amount, according to— the nature of the functions or powers out of which the liability arises; or the market to which the liability relates; or the nature of the events or circumstances out of which the liability arises; or the nature of the damage or loss; or the person or persons suffering damage or loss; or the season or period in which the liability is incurred; or any combination of the above; and may prescribe the manner in which a maximum amount is to be divided among claimants.\n(sec.91K-ssec.4) AEMO may enter into an agreement with a person varying or excluding the operation of a provision of this section and this section will then apply to that person subject to that agreement.\n(sec.91K-ssec.5) This section does not apply to any liability of an officer or employee of a body corporate to the body corporate.\n- (a) may limit its application, or vary the maximum amount, according to— (i) the nature of the functions or powers out of which the liability arises; or (ii) the market to which the liability relates; or (iii) the nature of the events or circumstances out of which the liability arises; or (iv) the nature of the damage or loss; or (v) the person or persons suffering damage or loss; or (vi) the season or period in which the liability is incurred; or (vii) any combination of the above; and\n- (i) the nature of the functions or powers out of which the liability arises; or\n- (ii) the market to which the liability relates; or\n- (iii) the nature of the events or circumstances out of which the liability arises; or\n- (iv) the nature of the damage or loss; or\n- (v) the person or persons suffering damage or loss; or\n- (vi) the season or period in which the liability is incurred; or\n- (vii) any combination of the above; and\n- (b) may prescribe the manner in which a maximum amount is to be divided among claimants.\n- (i) the nature of the functions or powers out of which the liability arises; or\n- (ii) the market to which the liability relates; or\n- (iii) the nature of the events or circumstances out of which the liability arises; or\n- (iv) the nature of the damage or loss; or\n- (v) the person or persons suffering damage or loss; or\n- (vi) the season or period in which the liability is incurred; or\n- (vii) any combination of the above; and","sortOrder":316},{"sectionNumber":"sec.91KA","sectionType":"section","heading":"Supply interruption or disconnection in compliance with AEMO’s direction","content":"### sec.91KA Supply interruption or disconnection in compliance with AEMO’s direction\n\nA distributor incurs no civil monetary liability for interrupting or disconnecting the supply of covered gas to an end user in compliance or purported compliance with a direction given by AEMO under Rules related to user exit from a regulated retail gas market.\nThe immunity does not extend to an act or omission done or made in bad faith or through negligence.\nThe civil monetary liability for an act or omission of a kind referred to in subsection (1) done or made through negligence may not exceed the maximum amount prescribed by the Regulations.\nThe Regulations may, for the purposes of subsection (3) —\nprescribe a limitation of liability that is limited in its application to persons, events, losses or periods specified in the Regulations;\nprescribe a limitation of liability that varies in amount according to the persons to whom, or the events, circumstances, losses or periods to which, it is expressed to apply;\nprescribe the manner in which a maximum amount is to be divided amongst claimants.\nIn this section—\ndistributor means the service provider that provides pipeline services by means of a distribution pipeline and includes an officer, employee or agent of the service provider.\ns 91KA ins 2009 No. 30 (SA) s 14\namd 2022 No. 21 (SA) s 50 ; 2023 No. 36 (SA) s 45\n(sec.91KA-ssec.1) A distributor incurs no civil monetary liability for interrupting or disconnecting the supply of covered gas to an end user in compliance or purported compliance with a direction given by AEMO under Rules related to user exit from a regulated retail gas market.\n(sec.91KA-ssec.2) The immunity does not extend to an act or omission done or made in bad faith or through negligence.\n(sec.91KA-ssec.3) The civil monetary liability for an act or omission of a kind referred to in subsection (1) done or made through negligence may not exceed the maximum amount prescribed by the Regulations.\n(sec.91KA-ssec.4) The Regulations may, for the purposes of subsection (3) — prescribe a limitation of liability that is limited in its application to persons, events, losses or periods specified in the Regulations; prescribe a limitation of liability that varies in amount according to the persons to whom, or the events, circumstances, losses or periods to which, it is expressed to apply; prescribe the manner in which a maximum amount is to be divided amongst claimants.\n(sec.91KA-ssec.5) In this section— distributor means the service provider that provides pipeline services by means of a distribution pipeline and includes an officer, employee or agent of the service provider.\n- (a) prescribe a limitation of liability that is limited in its application to persons, events, losses or periods specified in the Regulations;\n- (b) prescribe a limitation of liability that varies in amount according to the persons to whom, or the events, circumstances, losses or periods to which, it is expressed to apply;\n- (c) prescribe the manner in which a maximum amount is to be divided amongst claimants.","sortOrder":317},{"sectionNumber":"sec.91KB","sectionType":"section","heading":"Immunity in relation to use of computer software","content":"### sec.91KB Immunity in relation to use of computer software\n\nA protected person incurs no civil monetary liability for loss or damage suffered by a Registered participant or other person in consequence of the use of computer software to operate a gas market.\nIn this section—\nprotected person means—\nAEMO; or\na former gas market operator; or\nan officer, employee or agent of AEMO or a former gas market operator.\ns 91KB ins 2009 No. 30 (SA) s 14\n(sec.91KB-ssec.1) A protected person incurs no civil monetary liability for loss or damage suffered by a Registered participant or other person in consequence of the use of computer software to operate a gas market.\n(sec.91KB-ssec.2) In this section— protected person means— AEMO; or a former gas market operator; or an officer, employee or agent of AEMO or a former gas market operator.\n- (a) AEMO; or\n- (b) a former gas market operator; or\n- (c) an officer, employee or agent of AEMO or a former gas market operator.","sortOrder":318},{"sectionNumber":"sec.91KC","sectionType":"section","heading":"Immunity from liability—dispute resolution","content":"### sec.91KC Immunity from liability—dispute resolution\n\nA protected person incurs no civil monetary liability for an act or omission in the exercise of powers or functions related to dispute resolution under the Rules unless the act or omission is done or made in bad faith.\nIn this section—\nprotected person means—\na person appointed under the Rules to manage and facilitate dispute resolution under or in relation to the Rules or the Procedures; or\nan arbitrator, mediator or other person appointed to resolve, or assist in the resolution of, disputes under or in relation to the Rules or the Procedures; or\na person or class of persons to which the protection of this section is extended by the Regulations.\ns 91KC ins 2009 No. 30 (SA) s 14\n(sec.91KC-ssec.1) A protected person incurs no civil monetary liability for an act or omission in the exercise of powers or functions related to dispute resolution under the Rules unless the act or omission is done or made in bad faith.\n(sec.91KC-ssec.2) In this section— protected person means— a person appointed under the Rules to manage and facilitate dispute resolution under or in relation to the Rules or the Procedures; or an arbitrator, mediator or other person appointed to resolve, or assist in the resolution of, disputes under or in relation to the Rules or the Procedures; or a person or class of persons to which the protection of this section is extended by the Regulations.\n- (a) a person appointed under the Rules to manage and facilitate dispute resolution under or in relation to the Rules or the Procedures; or\n- (b) an arbitrator, mediator or other person appointed to resolve, or assist in the resolution of, disputes under or in relation to the Rules or the Procedures; or\n- (c) a person or class of persons to which the protection of this section is extended by the Regulations.","sortOrder":319},{"sectionNumber":"ch.2-pt.6-div.11","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":320},{"sectionNumber":"sec.91KD","sectionType":"section","heading":"Disclosure of information for purpose of market trials","content":"### sec.91KD Disclosure of information for purpose of market trials\n\nThis section applies if AEMO—\nconducts a trial relating to the operation and administration of a market, or a part of a market, for covered gas; and\nunder, or for the purpose of, that trial is given information by another person (the discloser ) that relates to another person.\nThe discloser, by giving the information to AEMO, incurs no liability for breach of contract, breach of confidence or any other civil wrong.\nAEMO, by giving or disclosing the information to a person, or publicly releasing the information, incurs no liability for breach of contract, breach of confidence or any other civil wrong.\ns 91KD ins 2009 No. 46 (SA) s 18\namd 2023 No. 36 (SA) s 46\n(sec.91KD-ssec.1) This section applies if AEMO— conducts a trial relating to the operation and administration of a market, or a part of a market, for covered gas; and under, or for the purpose of, that trial is given information by another person (the discloser ) that relates to another person.\n(sec.91KD-ssec.2) The discloser, by giving the information to AEMO, incurs no liability for breach of contract, breach of confidence or any other civil wrong.\n(sec.91KD-ssec.3) AEMO, by giving or disclosing the information to a person, or publicly releasing the information, incurs no liability for breach of contract, breach of confidence or any other civil wrong.\n- (a) conducts a trial relating to the operation and administration of a market, or a part of a market, for covered gas; and\n- (b) under, or for the purpose of, that trial is given information by another person (the discloser ) that relates to another person.","sortOrder":321},{"sectionNumber":"ch.2-pt.7","sectionType":"part","heading":"Regulation of retail gas markets","content":"# Regulation of retail gas markets","sortOrder":322},{"sectionNumber":"ch.2-pt.7-div.1","sectionType":"division","heading":"Registration","content":"## Registration","sortOrder":323},{"sectionNumber":"sec.91L","sectionType":"section","heading":"Retail gas markets","content":"### sec.91L Retail gas markets\n\nA retail market for 1 or more covered gases in each participating jurisdiction constitutes a retail gas market .\nA regulated retail gas market is a retail gas market the operation of which is governed under the Rules or Procedures (or both).\ns 91L ins 2009 No. 30 (SA) s 14\namd 2023 No. 36 (SA) s 47\n(sec.91L-ssec.1) A retail market for 1 or more covered gases in each participating jurisdiction constitutes a retail gas market .\n(sec.91L-ssec.2) A regulated retail gas market is a retail gas market the operation of which is governed under the Rules or Procedures (or both).","sortOrder":324},{"sectionNumber":"sec.91LA","sectionType":"section","heading":"Retail market participation","content":"### sec.91LA Retail market participation\n\nA person participates in a regulated retail gas market in a registrable capacity if the person is classified under the Rules as a participant in the relevant market.\nA person cannot be classified under the Rules as a participant in a regulated retail gas market unless the person falls within 1 or more of the following classes:\nservice providers;\nusers;\nblend processing service providers;\nproducers;\nstorage providers;\ntraders;\na class prescribed under the Regulations.\ns 91LA ins 2009 No. 30 (SA) s 14\namd 2022 No. 21 (SA) s 51 ; 2023 No. 36 (SA) s 48\n(sec.91LA-ssec.1) A person participates in a regulated retail gas market in a registrable capacity if the person is classified under the Rules as a participant in the relevant market.\n(sec.91LA-ssec.2) A person cannot be classified under the Rules as a participant in a regulated retail gas market unless the person falls within 1 or more of the following classes: service providers; users; blend processing service providers; producers; storage providers; traders; a class prescribed under the Regulations.\n- (a) service providers;\n- (b) users;\n- (c) blend processing service providers;\n- (d) producers;\n- (e) storage providers;\n- (f) traders;\n- (g) a class prescribed under the Regulations.","sortOrder":325},{"sectionNumber":"sec.91LB","sectionType":"section","heading":"Registration required for market participation","content":"### sec.91LB Registration required for market participation\n\nA person must not participate in a regulated retail gas market in a registrable capacity unless registered (or exempted from registration) in accordance with the Rules.\nA person may also be exempted from registration by or under jurisdictional gas legislation.\nA person who participates in a regulated retail gas market in 2 or more registrable capacities must be registered (or exempted from registration) in both or all those capacities.\nFor performing statutory functions, AEMO is not required to be registered.\ns 91LB ins 2009 No. 30 (SA) s 14\n(sec.91LB-ssec.1) A person must not participate in a regulated retail gas market in a registrable capacity unless registered (or exempted from registration) in accordance with the Rules.\n(sec.91LB-ssec.2) A person may also be exempted from registration by or under jurisdictional gas legislation.\n(sec.91LB-ssec.3) A person who participates in a regulated retail gas market in 2 or more registrable capacities must be registered (or exempted from registration) in both or all those capacities.\n(sec.91LB-ssec.4) For performing statutory functions, AEMO is not required to be registered.","sortOrder":326},{"sectionNumber":"sec.91LC","sectionType":"section","heading":"Certificates of registration etc","content":"### sec.91LC Certificates of registration etc\n\nA certificate signed by an authorised officer certifying that a person named in the certificate is registered, or exempted from registration, is evidence of the registration or exemption.\nFor this section, an authorised officer is AEMO’s CEO or a person authorised by the CEO to issue certificates under this section.\ns 91LC ins 2009 No. 30 (SA) s 14\n(sec.91LC-ssec.1) A certificate signed by an authorised officer certifying that a person named in the certificate is registered, or exempted from registration, is evidence of the registration or exemption.\n(sec.91LC-ssec.2) For this section, an authorised officer is AEMO’s CEO or a person authorised by the CEO to issue certificates under this section.","sortOrder":327},{"sectionNumber":"ch.2-pt.7-div.2","sectionType":"division","heading":"Retail Market Procedures","content":"## Retail Market Procedures","sortOrder":328},{"sectionNumber":"sec.91M","sectionType":"section","heading":"Retail Market Procedures","content":"### sec.91M Retail Market Procedures\n\nAEMO may, in accordance with the Rules, make Retail Market Procedures.\ns 91M ins 2009 No. 30 (SA) s 14","sortOrder":329},{"sectionNumber":"sec.91MA","sectionType":"section","heading":"Nature of Retail Market Procedures","content":"### sec.91MA Nature of Retail Market Procedures\n\nRetail Market Procedures are a form of statutory instrument directed at the regulation of a retail gas market.\nThe Retail Market Procedures may deal with the following matters:\nthe matters specified by the Rules;\nany other matter relevant to a regulated retail gas market on which this Law or the Rules contemplate the making of Procedures.\nThe Retail Market Procedures—\nmay apply to regulated retail gas markets generally or any 1 or more of the regulated retail gas markets; and\nmay vary according to the persons, times, places or circumstances to which they are expressed to apply; and\nmay confer functions or powers on, or leave any matter or thing to be decided by, AEMO; and\nmay confer rights or impose obligations on Registered participants, exempted participants, users, end users or other persons; and\nmay require a Registered participant or an exempted participant to give an indemnity against injury, damage or loss arising from the participant’s failure to comply with requirements imposed by the Procedures; and\nmay confer power on AEMO to make or issue guidelines, tests, standards and other documents of an administrative nature; and\nmay confer power on AEMO to require a person on whom a right is conferred, or an obligation imposed, under the Procedures—\nto comply with a guideline, standard or other document of an administrative nature; or\nto conduct, or submit to, a test designed by AEMO under the Procedures; and\nmay exempt, or confer a power of exemption, from the application of the Procedures or specified provisions of the Procedures; and\nmay contain provisions of a savings or transitional nature.\nAEMO must not, without the consent of the MCE, make Retail Market Procedures that confer a right or function, or impose an obligation, on the MCE or a Minister of a participating jurisdiction.\nThe Retail Market Procedures cannot—\ncreate an offence; or\nprovide for a criminal or civil penalty.\ns 91MA ins 2009 No. 30 (SA) s 14\n(sec.91MA-ssec.1) Retail Market Procedures are a form of statutory instrument directed at the regulation of a retail gas market.\n(sec.91MA-ssec.2) The Retail Market Procedures may deal with the following matters: the matters specified by the Rules; any other matter relevant to a regulated retail gas market on which this Law or the Rules contemplate the making of Procedures.\n(sec.91MA-ssec.3) The Retail Market Procedures— may apply to regulated retail gas markets generally or any 1 or more of the regulated retail gas markets; and may vary according to the persons, times, places or circumstances to which they are expressed to apply; and may confer functions or powers on, or leave any matter or thing to be decided by, AEMO; and may confer rights or impose obligations on Registered participants, exempted participants, users, end users or other persons; and may require a Registered participant or an exempted participant to give an indemnity against injury, damage or loss arising from the participant’s failure to comply with requirements imposed by the Procedures; and may confer power on AEMO to make or issue guidelines, tests, standards and other documents of an administrative nature; and may confer power on AEMO to require a person on whom a right is conferred, or an obligation imposed, under the Procedures— to comply with a guideline, standard or other document of an administrative nature; or to conduct, or submit to, a test designed by AEMO under the Procedures; and may exempt, or confer a power of exemption, from the application of the Procedures or specified provisions of the Procedures; and may contain provisions of a savings or transitional nature.\n(sec.91MA-ssec.4) AEMO must not, without the consent of the MCE, make Retail Market Procedures that confer a right or function, or impose an obligation, on the MCE or a Minister of a participating jurisdiction.\n(sec.91MA-ssec.5) The Retail Market Procedures cannot— create an offence; or provide for a criminal or civil penalty.\n- (a) the matters specified by the Rules;\n- (b) any other matter relevant to a regulated retail gas market on which this Law or the Rules contemplate the making of Procedures.\n- (a) may apply to regulated retail gas markets generally or any 1 or more of the regulated retail gas markets; and\n- (b) may vary according to the persons, times, places or circumstances to which they are expressed to apply; and\n- (c) may confer functions or powers on, or leave any matter or thing to be decided by, AEMO; and\n- (d) may confer rights or impose obligations on Registered participants, exempted participants, users, end users or other persons; and\n- (e) may require a Registered participant or an exempted participant to give an indemnity against injury, damage or loss arising from the participant’s failure to comply with requirements imposed by the Procedures; and\n- (f) may confer power on AEMO to make or issue guidelines, tests, standards and other documents of an administrative nature; and\n- (g) may confer power on AEMO to require a person on whom a right is conferred, or an obligation imposed, under the Procedures— (i) to comply with a guideline, standard or other document of an administrative nature; or (ii) to conduct, or submit to, a test designed by AEMO under the Procedures; and\n- (i) to comply with a guideline, standard or other document of an administrative nature; or\n- (ii) to conduct, or submit to, a test designed by AEMO under the Procedures; and\n- (h) may exempt, or confer a power of exemption, from the application of the Procedures or specified provisions of the Procedures; and\n- (i) may contain provisions of a savings or transitional nature.\n- (i) to comply with a guideline, standard or other document of an administrative nature; or\n- (ii) to conduct, or submit to, a test designed by AEMO under the Procedures; and\n- (a) create an offence; or\n- (b) provide for a criminal or civil penalty.","sortOrder":330},{"sectionNumber":"sec.91MB","sectionType":"section","heading":"Compliance with Retail Market Procedures","content":"### sec.91MB Compliance with Retail Market Procedures\n\nAEMO and each person to whom the Retail Market Procedures are applicable must comply with the Procedures.\nIf AEMO has reasonable grounds to suspect a breach of the Retail Market Procedures, it must, after making such inquiries and investigation as it considers appropriate, make a decision as to whether the breach is a material breach.\nIf AEMO decides the breach is material, AEMO—\nmust publish the decision and the reasons for it on its website; and\nmay direct the person suspected of the breach to rectify it or to take specified measures to ensure future compliance (or both); and\nmay refer the breach to the AER.\nA direction by AEMO under subsection (4) (b) must—\nspecify the breach; and\nspecify the date by which the direction is to be complied with; and\nbe addressed to, and given to, the person suspected of the breach.\nA person to whom a direction is given under subsection (4) (b) must comply with the direction.\nAEMO must give a copy of its decision under subsection (3) , its reasons for the decision and (if relevant) any direction under subsection (4) (b) to the AER.\nIf AEMO decides the breach is not material, AEMO must—\npublish the decision and the reasons for it on its website; and\ngive a copy of the decision and the reasons for it to the AER.\nAEMO may provide the AER with relevant information (including protected information) related to a suspected breach of the Procedures. (For disclosure of protected information, see section 91GC (2) (b) .)\ns 91MB ins 2009 No. 30 (SA) s 14\namd 2022 No. 3 (SA) s 27\n(sec.91MB-ssec.1) AEMO and each person to whom the Retail Market Procedures are applicable must comply with the Procedures.\n(sec.91MB-ssec.3) If AEMO has reasonable grounds to suspect a breach of the Retail Market Procedures, it must, after making such inquiries and investigation as it considers appropriate, make a decision as to whether the breach is a material breach.\n(sec.91MB-ssec.4) If AEMO decides the breach is material, AEMO— must publish the decision and the reasons for it on its website; and may direct the person suspected of the breach to rectify it or to take specified measures to ensure future compliance (or both); and may refer the breach to the AER.\n(sec.91MB-ssec.5) A direction by AEMO under subsection (4) (b) must— specify the breach; and specify the date by which the direction is to be complied with; and be addressed to, and given to, the person suspected of the breach.\n(sec.91MB-ssec.6) A person to whom a direction is given under subsection (4) (b) must comply with the direction.\n(sec.91MB-ssec.7) AEMO must give a copy of its decision under subsection (3) , its reasons for the decision and (if relevant) any direction under subsection (4) (b) to the AER.\n(sec.91MB-ssec.8) If AEMO decides the breach is not material, AEMO must— publish the decision and the reasons for it on its website; and give a copy of the decision and the reasons for it to the AER. AEMO may provide the AER with relevant information (including protected information) related to a suspected breach of the Procedures. (For disclosure of protected information, see section 91GC (2) (b) .)\n- (a) must publish the decision and the reasons for it on its website; and\n- (b) may direct the person suspected of the breach to rectify it or to take specified measures to ensure future compliance (or both); and\n- (c) may refer the breach to the AER.\n- (a) specify the breach; and\n- (b) specify the date by which the direction is to be complied with; and\n- (c) be addressed to, and given to, the person suspected of the breach.\n- (a) publish the decision and the reasons for it on its website; and\n- (b) give a copy of the decision and the reasons for it to the AER.","sortOrder":331},{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":"Scheme pipeline determinations and scheme pipeline elections","content":"# Scheme pipeline determinations and scheme pipeline elections","sortOrder":332},{"sectionNumber":"ch.3-pt.1-div.1","sectionType":"division","heading":"Scheme pipeline determinations","content":"## Scheme pipeline determinations","sortOrder":333},{"sectionNumber":"sec.92","sectionType":"section","heading":"AER may make scheme pipeline determination","content":"### sec.92 AER may make scheme pipeline determination\n\nThe AER may, on its own initiative or on the application of any person, make a determination that a non-scheme pipeline is a scheme pipeline (a scheme pipeline determination ).\nAn application for a scheme pipeline determination must—\nbe made in accordance with the Rules; and\ncontain the information required by the Rules; and\nbe accompanied by the fee prescribed by the Regulations (if any); and\nbe dealt with in accordance with the Rules.\ns 92 sub 2022 No. 21 (SA) s 52\n(sec.92-ssec.1) The AER may, on its own initiative or on the application of any person, make a determination that a non-scheme pipeline is a scheme pipeline (a scheme pipeline determination ).\n(sec.92-ssec.2) An application for a scheme pipeline determination must— be made in accordance with the Rules; and contain the information required by the Rules; and be accompanied by the fee prescribed by the Regulations (if any); and be dealt with in accordance with the Rules.\n- (a) be made in accordance with the Rules; and\n- (b) contain the information required by the Rules; and\n- (c) be accompanied by the fee prescribed by the Regulations (if any); and\n- (d) be dealt with in accordance with the Rules.","sortOrder":334},{"sectionNumber":"sec.93","sectionType":"section","heading":"Requirements for making, or not making, a scheme pipeline determination","content":"### sec.93 Requirements for making, or not making, a scheme pipeline determination\n\nA scheme pipeline determination or a decision not to make a scheme pipeline determination must—\nbe made in accordance with this Law and the Rules; and\ncontain the information required by the Rules; and\nbe given to the persons specified by the Rules; and\nbe made publicly available in accordance with the Rules; and\nif a scheme pipeline determination is made—specify the date the determination takes effect.\nFor subsection (1) (e) , the date specified must be at least 6 months, but not more than 12 months, after the determination is made.\ns 93 sub 2022 No. 21 (SA) s 52\n(sec.93-ssec.1) A scheme pipeline determination or a decision not to make a scheme pipeline determination must— be made in accordance with this Law and the Rules; and contain the information required by the Rules; and be given to the persons specified by the Rules; and be made publicly available in accordance with the Rules; and if a scheme pipeline determination is made—specify the date the determination takes effect.\n(sec.93-ssec.2) For subsection (1) (e) , the date specified must be at least 6 months, but not more than 12 months, after the determination is made.\n- (a) be made in accordance with this Law and the Rules; and\n- (b) contain the information required by the Rules; and\n- (c) be given to the persons specified by the Rules; and\n- (d) be made publicly available in accordance with the Rules; and\n- (e) if a scheme pipeline determination is made—specify the date the determination takes effect.","sortOrder":335},{"sectionNumber":"sec.94","sectionType":"section","heading":"Effect of scheme pipeline determination","content":"### sec.94 Effect of scheme pipeline determination\n\nA pipeline the subject of a scheme pipeline determination—\nbecomes a scheme pipeline when the scheme pipeline determination takes effect; and\ncontinues to be a scheme pipeline while the scheme pipeline determination remains in effect.\ns 94 sub 2022 No. 21 (SA) s 52\n- (a) becomes a scheme pipeline when the scheme pipeline determination takes effect; and\n- (b) continues to be a scheme pipeline while the scheme pipeline determination remains in effect.","sortOrder":336},{"sectionNumber":"ch.3-pt.1-div.2","sectionType":"division","heading":"Scheme pipeline elections","content":"## Scheme pipeline elections","sortOrder":337},{"sectionNumber":"sec.95","sectionType":"section","heading":"Scheme pipeline elections","content":"### sec.95 Scheme pipeline elections\n\nA service provider for a non-scheme pipeline may elect for the pipeline to be dealt with under this Law as a scheme pipeline (a scheme pipeline election ).\nA scheme pipeline election must be made in accordance with the Rules.\ns 95 sub 2022 No. 21 (SA) s 52\n(sec.95-ssec.1) A service provider for a non-scheme pipeline may elect for the pipeline to be dealt with under this Law as a scheme pipeline (a scheme pipeline election ).\n(sec.95-ssec.2) A scheme pipeline election must be made in accordance with the Rules.","sortOrder":338},{"sectionNumber":"sec.96","sectionType":"section","heading":"Effect of scheme pipeline elections","content":"### sec.96 Effect of scheme pipeline elections\n\nA scheme pipeline election takes effect on a day, determined by the AER, that is at least 6 months, but not more than 12 months, after the AER receives the election.\nHowever, if the AER does not make a determination under subsection (1) , the scheme pipeline election takes effect on the day that is 12 months after the AER receives the election.\nOn the day a scheme pipeline election takes effect under this section, the non-scheme pipeline the subject of the scheme pipeline election becomes a scheme pipeline.\ns 96 sub 2022 No. 21 (SA) s 52\n(sec.96-ssec.1) A scheme pipeline election takes effect on a day, determined by the AER, that is at least 6 months, but not more than 12 months, after the AER receives the election.\n(sec.96-ssec.2) However, if the AER does not make a determination under subsection (1) , the scheme pipeline election takes effect on the day that is 12 months after the AER receives the election.\n(sec.96-ssec.3) On the day a scheme pipeline election takes effect under this section, the non-scheme pipeline the subject of the scheme pipeline election becomes a scheme pipeline.","sortOrder":339},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":"Scheme pipeline revocation determinations","content":"# Scheme pipeline revocation determinations","sortOrder":340},{"sectionNumber":"sec.97","sectionType":"section","heading":"AER may make scheme pipeline revocation determination","content":"### sec.97 AER may make scheme pipeline revocation determination\n\nThe AER may, on its own initiative or on the application of any person, make a scheme pipeline revocation determination in relation to any scheme pipeline other than a designated pipeline.\nAn application for a scheme pipeline revocation determination must—\nbe made in accordance with the Rules; and\ncontain the information required by the Rules; and\nbe accompanied by the fee prescribed by the Regulations (if any); and\nbe dealt with in accordance with the Rules.\ns 97 sub 2022 No. 21 (SA) s 52\n(sec.97-ssec.1) The AER may, on its own initiative or on the application of any person, make a scheme pipeline revocation determination in relation to any scheme pipeline other than a designated pipeline.\n(sec.97-ssec.2) An application for a scheme pipeline revocation determination must— be made in accordance with the Rules; and contain the information required by the Rules; and be accompanied by the fee prescribed by the Regulations (if any); and be dealt with in accordance with the Rules.\n- (a) be made in accordance with the Rules; and\n- (b) contain the information required by the Rules; and\n- (c) be accompanied by the fee prescribed by the Regulations (if any); and\n- (d) be dealt with in accordance with the Rules.","sortOrder":341},{"sectionNumber":"sec.98","sectionType":"section","heading":"Requirements for making, or not making, a scheme pipeline revocation determination","content":"### sec.98 Requirements for making, or not making, a scheme pipeline revocation determination\n\nA scheme pipeline revocation determination or a decision not to make a scheme pipeline revocation determination must—\nbe made in accordance with this Law and the Rules; and\ncontain the information required by the Rules; and\nbe given to the persons specified by the Rules; and\nbe made publicly available in accordance with the Rules; and\nif a scheme pipeline revocation determination is made—specify the date the determination takes effect.\ns 98 amd 2009 No. 30 (SA) s 15\nsub 2022 No. 21 (SA) s 52\n- (a) be made in accordance with this Law and the Rules; and\n- (b) contain the information required by the Rules; and\n- (c) be given to the persons specified by the Rules; and\n- (d) be made publicly available in accordance with the Rules; and\n- (e) if a scheme pipeline revocation determination is made—specify the date the determination takes effect.","sortOrder":342},{"sectionNumber":"sec.99","sectionType":"section","heading":"Effect of scheme pipeline revocation determination","content":"### sec.99 Effect of scheme pipeline revocation determination\n\nA pipeline the subject of a scheme pipeline revocation determination ceases to be a scheme pipeline when the scheme pipeline revocation determination takes effect.\ns 99 sub 2022 No. 21 (SA) s 52","sortOrder":343},{"sectionNumber":"ch.3-pt.3","sectionType":"part","heading":"Greenfields incentive determinations and greenfields price protection determinations","content":"# Greenfields incentive determinations and greenfields price protection determinations","sortOrder":344},{"sectionNumber":"ch.3-pt.3-div.1","sectionType":"division","heading":"Greenfields incentive determinations","content":"## Greenfields incentive determinations","sortOrder":345},{"sectionNumber":"sec.100","sectionType":"section","heading":"AER may make greenfields incentive determination","content":"### sec.100 AER may make greenfields incentive determination\n\nThe AER may, on the application of the service provider for a greenfields pipeline project, make a determination that the pipeline the subject of the greenfields pipeline project cannot become a scheme pipeline during the operative period for the determination (a greenfields incentive determination ).\nAn application for a greenfields incentive determination—\ncannot be made after the pipeline is commissioned; and\nmust be made in accordance with the Rules; and\nmust include a description of the pipeline that meets the requirements specified by the Rules; and\nmust contain the information required by the Rules; and\nneed not describe, or include details of, excluded infrastructure; and\nmust be accompanied by the fee prescribed by the Regulations (if any); and\nmust be dealt with in accordance with the Rules.\ns 100 sub 2022 No. 21 (SA) s 52\n(sec.100-ssec.1) The AER may, on the application of the service provider for a greenfields pipeline project, make a determination that the pipeline the subject of the greenfields pipeline project cannot become a scheme pipeline during the operative period for the determination (a greenfields incentive determination ).\n(sec.100-ssec.2) An application for a greenfields incentive determination— cannot be made after the pipeline is commissioned; and must be made in accordance with the Rules; and must include a description of the pipeline that meets the requirements specified by the Rules; and must contain the information required by the Rules; and need not describe, or include details of, excluded infrastructure; and must be accompanied by the fee prescribed by the Regulations (if any); and must be dealt with in accordance with the Rules.\n- (a) cannot be made after the pipeline is commissioned; and\n- (b) must be made in accordance with the Rules; and\n- (c) must include a description of the pipeline that meets the requirements specified by the Rules; and\n- (d) must contain the information required by the Rules; and\n- (e) need not describe, or include details of, excluded infrastructure; and\n- (f) must be accompanied by the fee prescribed by the Regulations (if any); and\n- (g) must be dealt with in accordance with the Rules.","sortOrder":346},{"sectionNumber":"sec.101","sectionType":"section","heading":"Requirements for making, or not making, a greenfields incentive determination","content":"### sec.101 Requirements for making, or not making, a greenfields incentive determination\n\nA greenfields incentive determination or a decision not to make a greenfields incentive determination must—\nbe made in accordance with this Law and the Rules; and\ncontain the information required by the Rules; and\nbe given to the persons specified by the Rules; and\nbe made publicly available in accordance with the Rules; and\nif a greenfields incentive determination is made—specify the date the determination takes effect.\nThe AER may, in having regard to the matters mentioned in section 112 , decide a period during which a greenfields incentive determination is to continue in operation that is less than 15 years.\nIf the AER decides a period under subsection (2) , the greenfields incentive determination must also specify the period.\ns 101 sub 2022 No. 21 (SA) s 52\n(sec.101-ssec.1) A greenfields incentive determination or a decision not to make a greenfields incentive determination must— be made in accordance with this Law and the Rules; and contain the information required by the Rules; and be given to the persons specified by the Rules; and be made publicly available in accordance with the Rules; and if a greenfields incentive determination is made—specify the date the determination takes effect.\n(sec.101-ssec.2) The AER may, in having regard to the matters mentioned in section 112 , decide a period during which a greenfields incentive determination is to continue in operation that is less than 15 years.\n(sec.101-ssec.3) If the AER decides a period under subsection (2) , the greenfields incentive determination must also specify the period.\n- (a) be made in accordance with this Law and the Rules; and\n- (b) contain the information required by the Rules; and\n- (c) be given to the persons specified by the Rules; and\n- (d) be made publicly available in accordance with the Rules; and\n- (e) if a greenfields incentive determination is made—specify the date the determination takes effect.","sortOrder":347},{"sectionNumber":"sec.102","sectionType":"section","heading":"Effect of greenfields incentive determination","content":"### sec.102 Effect of greenfields incentive determination\n\nA greenfields incentive determination takes effect on and from the date specified in the determination.\nThe period during which a greenfields incentive determination continues in force (the operative period ) is—\nif the AER decides a period under section 101 (2) that is less than 15 years—that period; or\notherwise—15 years from the commissioning of the pipeline.\nDuring the operative period, the pipeline the subject of the greenfields incentive determination cannot become a scheme pipeline.\nAn application for a scheme pipeline determination in relation to a pipeline to which a greenfields incentive determination applies can be made—\nbefore the end of the operative period for the greenfields incentive determination; but\nonly if the scheme pipeline determination is to commence from, or after, the end of the operative period.\ns 102 sub 2022 No. 21 (SA) s 52\n(sec.102-ssec.1) A greenfields incentive determination takes effect on and from the date specified in the determination.\n(sec.102-ssec.2) The period during which a greenfields incentive determination continues in force (the operative period ) is— if the AER decides a period under section 101 (2) that is less than 15 years—that period; or otherwise—15 years from the commissioning of the pipeline.\n(sec.102-ssec.3) During the operative period, the pipeline the subject of the greenfields incentive determination cannot become a scheme pipeline.\n(sec.102-ssec.4) An application for a scheme pipeline determination in relation to a pipeline to which a greenfields incentive determination applies can be made— before the end of the operative period for the greenfields incentive determination; but only if the scheme pipeline determination is to commence from, or after, the end of the operative period.\n- (a) if the AER decides a period under section 101 (2) that is less than 15 years—that period; or\n- (b) otherwise—15 years from the commissioning of the pipeline.\n- (a) before the end of the operative period for the greenfields incentive determination; but\n- (b) only if the scheme pipeline determination is to commence from, or after, the end of the operative period.","sortOrder":348},{"sectionNumber":"sec.103","sectionType":"section","heading":"Requirement for conformity between pipeline description and pipeline as constructed","content":"### sec.103 Requirement for conformity between pipeline description and pipeline as constructed\n\nSubject to this Part—\na greenfields incentive determination applies to the pipeline as described in the relevant pipeline description; and\nif the pipeline, as constructed, materially differs from the pipeline as described in the relevant pipeline description, the determination does not apply to the pipeline and the service provider is not entitled to its benefit.\nIn determining whether a pipeline, as constructed, materially differs from the relevant pipeline description, excluded infrastructure is not to be taken into account.\nIn this section—\nrelevant pipeline description means a description of the pipeline required to be included in the application for the greenfields incentive determination made under section 100 .\ns 103 sub 2022 No. 21 (SA) s 52\n(sec.103-ssec.1) Subject to this Part— a greenfields incentive determination applies to the pipeline as described in the relevant pipeline description; and if the pipeline, as constructed, materially differs from the pipeline as described in the relevant pipeline description, the determination does not apply to the pipeline and the service provider is not entitled to its benefit.\n(sec.103-ssec.2) In determining whether a pipeline, as constructed, materially differs from the relevant pipeline description, excluded infrastructure is not to be taken into account.\n(sec.103-ssec.3) In this section— relevant pipeline description means a description of the pipeline required to be included in the application for the greenfields incentive determination made under section 100 .\n- (a) a greenfields incentive determination applies to the pipeline as described in the relevant pipeline description; and\n- (b) if the pipeline, as constructed, materially differs from the pipeline as described in the relevant pipeline description, the determination does not apply to the pipeline and the service provider is not entitled to its benefit.","sortOrder":349},{"sectionNumber":"sec.104","sectionType":"section","heading":"Power of AER to amend pipeline description","content":"### sec.104 Power of AER to amend pipeline description\n\nThe AER may, on application by the service provider for a pipeline to which a greenfields incentive determination applies, amend the relevant pipeline description.\nAn amendment cannot, however, be made under this section after the pipeline has been commissioned.\nIn deciding whether to make the amendment sought, the AER must have regard to the criteria that were relevant to the making of the greenfields incentive determination.\nIn this section—\nrelevant pipeline description means a description of the pipeline required to be included in the application for the greenfields incentive determination made under section 100 .\ns 104 sub 2022 No. 21 (SA) s 52\n(sec.104-ssec.1) The AER may, on application by the service provider for a pipeline to which a greenfields incentive determination applies, amend the relevant pipeline description.\n(sec.104-ssec.2) An amendment cannot, however, be made under this section after the pipeline has been commissioned.\n(sec.104-ssec.3) In deciding whether to make the amendment sought, the AER must have regard to the criteria that were relevant to the making of the greenfields incentive determination.\n(sec.104-ssec.3-oc.2) In this section— relevant pipeline description means a description of the pipeline required to be included in the application for the greenfields incentive determination made under section 100 .","sortOrder":350},{"sectionNumber":"ch.3-pt.3-div.2","sectionType":"division","heading":"Early termination of greenfields incentive determination","content":"## Early termination of greenfields incentive determination","sortOrder":351},{"sectionNumber":"sec.105","sectionType":"section","heading":"Greenfields incentive determination may lapse","content":"### sec.105 Greenfields incentive determination may lapse\n\nA greenfields incentive determination lapses if the pipeline to which it applies is not commissioned within 3 years after the determination takes effect.\nThe AER may, in a particular case, extend the 3 year period mentioned in subsection (1) .\ns 105 sub 2022 No. 21 (SA) s 52\n(sec.105-ssec.1) A greenfields incentive determination lapses if the pipeline to which it applies is not commissioned within 3 years after the determination takes effect.\n(sec.105-ssec.2) The AER may, in a particular case, extend the 3 year period mentioned in subsection (1) .","sortOrder":352},{"sectionNumber":"sec.106","sectionType":"section","heading":"Revocation by consent","content":"### sec.106 Revocation by consent\n\nThe AER may, at the request of the service provider for the pipeline to which a greenfields incentive determination applies, revoke the determination.\ns 106 sub 2022 No. 21 (SA) s 52","sortOrder":353},{"sectionNumber":"sec.107","sectionType":"section","heading":"Revocation for misrepresentation","content":"### sec.107 Revocation for misrepresentation\n\nThe AER may revoke a greenfields incentive determination on the ground that—\nthe applicant misrepresented a material fact on the basis of which the determination was made; or\nthe applicant failed to disclose material information that the applicant was required to disclose under this Chapter.\ns 107 sub 2022 No. 21 (SA) s 52\n- (a) the applicant misrepresented a material fact on the basis of which the determination was made; or\n- (b) the applicant failed to disclose material information that the applicant was required to disclose under this Chapter.","sortOrder":354},{"sectionNumber":"sec.108","sectionType":"section","heading":"Exhaustive provision for termination of greenfields incentive determination","content":"### sec.108 Exhaustive provision for termination of greenfields incentive determination\n\nA greenfields incentive determination does not terminate, and cannot be revoked, before the end of the operative period for the determination other than as provided for under this Part.\ns 108 sub 2022 No. 21 (SA) s 52","sortOrder":355},{"sectionNumber":"ch.3-pt.3-div.3","sectionType":"division","heading":"Greenfields price protection determinations","content":"## Greenfields price protection determinations","sortOrder":356},{"sectionNumber":"sec.109","sectionType":"section","heading":"AER may make greenfields price protection determination","content":"### sec.109 AER may make greenfields price protection determination\n\nThe AER may, on the application of the service provider for a greenfields pipeline project, make a determination that prices and non-price terms and conditions for particular pipeline services provided by means of a pipeline that are specified in the determination are protected, in the manner provided for in the Rules, in any arbitration of an access dispute involving the pipeline (a greenfields price protection determination ).\nAn application for a greenfields price protection determination—\ncannot be made after the pipeline is commissioned; and\nmust be made in accordance with the Rules; and\nmust contain the information required by the Rules; and\nmust be dealt with in accordance with the Rules.\ns 109 sub 2022 No. 21 (SA) s 52\n(sec.109-ssec.1) The AER may, on the application of the service provider for a greenfields pipeline project, make a determination that prices and non-price terms and conditions for particular pipeline services provided by means of a pipeline that are specified in the determination are protected, in the manner provided for in the Rules, in any arbitration of an access dispute involving the pipeline (a greenfields price protection determination ).\n(sec.109-ssec.2) An application for a greenfields price protection determination— cannot be made after the pipeline is commissioned; and must be made in accordance with the Rules; and must contain the information required by the Rules; and must be dealt with in accordance with the Rules.\n- (a) cannot be made after the pipeline is commissioned; and\n- (a) must be made in accordance with the Rules; and\n- (c) must contain the information required by the Rules; and\n- (d) must be dealt with in accordance with the Rules.","sortOrder":357},{"sectionNumber":"sec.110","sectionType":"section","heading":"Requirements for making, or not making, a greenfields price protection determination","content":"### sec.110 Requirements for making, or not making, a greenfields price protection determination\n\nThe AER must not make a greenfields price protection determination unless—\nthe pipeline the subject of the determination is also the subject of a greenfields incentive determination; and\nthe AER is satisfied—\nthat—\nthe pipeline has been developed following a competitive process; and\nthe prices and non-price terms and conditions for pipeline services that will be made available to prospective users during the operative period for the greenfields price protection determination have been set as a result of that process; or\nthat—\none or more form of regulation factors effectively constrained the exercise of market power by the service provider when the prices and non-price terms and conditions for pipeline services that will be made available to prospective users during the operative period for the greenfields price protection determination were determined; and\nthe making of the determination will, or is likely to, contribute to the achievement of the national gas objective.\nFor the purposes of subsection (1) (b) (i) (A) , a pipeline is taken to have been developed following a competitive process if the AER is reasonably satisfied from the information provided to it by the applicant for the greenfields price protection determination that there was competition (whether formal or informal) to develop the pipeline between 2 or more prospective service providers that—\nwere not related bodies corporate of each other; and\ndid not include a related body corporate of the applicant.\nCompetition between prospective service providers could involve the service providers competing on the basis of—\ndifferent pipeline routes; or\nan expansion of an existing pipeline and the development of a new pipeline.\nA greenfields price protection determination or a decision not to make a greenfields price protection determination must—\nbe made in accordance with this Law and the Rules; and\ncontain the information required by the Rules; and\nbe given to the persons specified by the Rules; and\nbe made publicly available in accordance with the Rules; and\nif a greenfields price protection determination is made, specify—\nthe date the determination takes effect; and\nthe operative period for the determination.\nFor subsection (3) (e) (ii) , the operative period for a greenfields price protection determination—\nis the period during which the prices and non-price terms and conditions specified in the determination will be made available to prospective users; but\ncannot be longer than the operative period for the greenfields incentive determination relating to the pipeline.\ns 110 sub 2022 No. 21 (SA) s 52\n(sec.110-ssec.1) The AER must not make a greenfields price protection determination unless— the pipeline the subject of the determination is also the subject of a greenfields incentive determination; and the AER is satisfied— that— the pipeline has been developed following a competitive process; and the prices and non-price terms and conditions for pipeline services that will be made available to prospective users during the operative period for the greenfields price protection determination have been set as a result of that process; or that— one or more form of regulation factors effectively constrained the exercise of market power by the service provider when the prices and non-price terms and conditions for pipeline services that will be made available to prospective users during the operative period for the greenfields price protection determination were determined; and the making of the determination will, or is likely to, contribute to the achievement of the national gas objective.\n(sec.110-ssec.2) For the purposes of subsection (1) (b) (i) (A) , a pipeline is taken to have been developed following a competitive process if the AER is reasonably satisfied from the information provided to it by the applicant for the greenfields price protection determination that there was competition (whether formal or informal) to develop the pipeline between 2 or more prospective service providers that— were not related bodies corporate of each other; and did not include a related body corporate of the applicant. Competition between prospective service providers could involve the service providers competing on the basis of— different pipeline routes; or an expansion of an existing pipeline and the development of a new pipeline.\n(sec.110-ssec.3) A greenfields price protection determination or a decision not to make a greenfields price protection determination must— be made in accordance with this Law and the Rules; and contain the information required by the Rules; and be given to the persons specified by the Rules; and be made publicly available in accordance with the Rules; and if a greenfields price protection determination is made, specify— the date the determination takes effect; and the operative period for the determination.\n(sec.110-ssec.4) For subsection (3) (e) (ii) , the operative period for a greenfields price protection determination— is the period during which the prices and non-price terms and conditions specified in the determination will be made available to prospective users; but cannot be longer than the operative period for the greenfields incentive determination relating to the pipeline.\n- (a) the pipeline the subject of the determination is also the subject of a greenfields incentive determination; and\n- (b) the AER is satisfied— (i) that— (A) the pipeline has been developed following a competitive process; and (B) the prices and non-price terms and conditions for pipeline services that will be made available to prospective users during the operative period for the greenfields price protection determination have been set as a result of that process; or (ii) that— (A) one or more form of regulation factors effectively constrained the exercise of market power by the service provider when the prices and non-price terms and conditions for pipeline services that will be made available to prospective users during the operative period for the greenfields price protection determination were determined; and (B) the making of the determination will, or is likely to, contribute to the achievement of the national gas objective.\n- (i) that— (A) the pipeline has been developed following a competitive process; and (B) the prices and non-price terms and conditions for pipeline services that will be made available to prospective users during the operative period for the greenfields price protection determination have been set as a result of that process; or\n- (A) the pipeline has been developed following a competitive process; and\n- (B) the prices and non-price terms and conditions for pipeline services that will be made available to prospective users during the operative period for the greenfields price protection determination have been set as a result of that process; or\n- (ii) that— (A) one or more form of regulation factors effectively constrained the exercise of market power by the service provider when the prices and non-price terms and conditions for pipeline services that will be made available to prospective users during the operative period for the greenfields price protection determination were determined; and (B) the making of the determination will, or is likely to, contribute to the achievement of the national gas objective.\n- (A) one or more form of regulation factors effectively constrained the exercise of market power by the service provider when the prices and non-price terms and conditions for pipeline services that will be made available to prospective users during the operative period for the greenfields price protection determination were determined; and\n- (B) the making of the determination will, or is likely to, contribute to the achievement of the national gas objective.\n- (i) that— (A) the pipeline has been developed following a competitive process; and (B) the prices and non-price terms and conditions for pipeline services that will be made available to prospective users during the operative period for the greenfields price protection determination have been set as a result of that process; or\n- (A) the pipeline has been developed following a competitive process; and\n- (B) the prices and non-price terms and conditions for pipeline services that will be made available to prospective users during the operative period for the greenfields price protection determination have been set as a result of that process; or\n- (ii) that— (A) one or more form of regulation factors effectively constrained the exercise of market power by the service provider when the prices and non-price terms and conditions for pipeline services that will be made available to prospective users during the operative period for the greenfields price protection determination were determined; and (B) the making of the determination will, or is likely to, contribute to the achievement of the national gas objective.\n- (A) one or more form of regulation factors effectively constrained the exercise of market power by the service provider when the prices and non-price terms and conditions for pipeline services that will be made available to prospective users during the operative period for the greenfields price protection determination were determined; and\n- (B) the making of the determination will, or is likely to, contribute to the achievement of the national gas objective.\n- (A) the pipeline has been developed following a competitive process; and\n- (B) the prices and non-price terms and conditions for pipeline services that will be made available to prospective users during the operative period for the greenfields price protection determination have been set as a result of that process; or\n- (A) one or more form of regulation factors effectively constrained the exercise of market power by the service provider when the prices and non-price terms and conditions for pipeline services that will be made available to prospective users during the operative period for the greenfields price protection determination were determined; and\n- (B) the making of the determination will, or is likely to, contribute to the achievement of the national gas objective.\n- (a) were not related bodies corporate of each other; and\n- (b) did not include a related body corporate of the applicant. Example— Competition between prospective service providers could involve the service providers competing on the basis of— (a) different pipeline routes; or (b) an expansion of an existing pipeline and the development of a new pipeline.\n- (a) different pipeline routes; or\n- (b) an expansion of an existing pipeline and the development of a new pipeline.\n- (a) different pipeline routes; or\n- (b) an expansion of an existing pipeline and the development of a new pipeline.\n- (a) be made in accordance with this Law and the Rules; and\n- (b) contain the information required by the Rules; and\n- (c) be given to the persons specified by the Rules; and\n- (d) be made publicly available in accordance with the Rules; and\n- (e) if a greenfields price protection determination is made, specify— (i) the date the determination takes effect; and (ii) the operative period for the determination.\n- (i) the date the determination takes effect; and\n- (ii) the operative period for the determination.\n- (i) the date the determination takes effect; and\n- (ii) the operative period for the determination.\n- (a) is the period during which the prices and non-price terms and conditions specified in the determination will be made available to prospective users; but\n- (b) cannot be longer than the operative period for the greenfields incentive determination relating to the pipeline.","sortOrder":358},{"sectionNumber":"sec.111","sectionType":"section","heading":"Effect of greenfields price protection determination","content":"### sec.111 Effect of greenfields price protection determination\n\nA greenfields price protection determination—\ntakes effect on and from the date specified in the determination; and\ncontinues in operation for the operative period for the determination mentioned in section 110 (4) .\nA greenfields price protection determination ends if the greenfields incentive determination to which the greenfields price protection determination relates ceases to apply to the pipeline.\ns 111 sub 2022 No. 21 (SA) s 52\n(sec.111-ssec.1) A greenfields price protection determination— takes effect on and from the date specified in the determination; and continues in operation for the operative period for the determination mentioned in section 110 (4) .\n(sec.111-ssec.2) A greenfields price protection determination ends if the greenfields incentive determination to which the greenfields price protection determination relates ceases to apply to the pipeline.\n- (a) takes effect on and from the date specified in the determination; and\n- (b) continues in operation for the operative period for the determination mentioned in section 110 (4) .","sortOrder":359},{"sectionNumber":"ch.3-pt.4","sectionType":"part","heading":"Principles governing the making of particular determinations","content":"# Principles governing the making of particular determinations","sortOrder":360},{"sectionNumber":"sec.112","sectionType":"section","heading":"Principles governing the making of particular determinations","content":"### sec.112 Principles governing the making of particular determinations\n\nThis section sets out principles that apply for the making of the following determinations (each a relevant determination ) by the AER—\na scheme pipeline determination under Part 1 Division 1 ;\na scheme pipeline revocation determination under Part 2 ;\na greenfields incentive determination under Part 3 .\nIn deciding whether to make a relevant determination, the AER must consider the effect of regulating the pipeline, to which the determination would apply, as a scheme pipeline or non-scheme pipeline on—\nthe promotion of access to pipeline services; and\nthe costs that are likely to be incurred by an efficient service provider; and\nthe costs that are likely to be incurred by efficient users and efficient prospective users; and\nthe likely costs of end users.\nIn doing so the AER—\nmust have regard to the national gas objective; and\nmust have regard to—\nthe form of regulation factors; and\nfor a greenfields incentive determination—the extent to which the form of regulation factors or competition to develop the pipeline (whether formal or informal) between 2 or more unrelated prospective service providers will, or is likely to, pose an effective constraint on the exercise of market power in respect of services provided by means of the pipeline for the period the determination is in operation; and\nCompetition between prospective service providers could involve the service providers competing on the basis of—\ndifferent pipeline routes; or\nan expansion of an existing pipeline and the development of a new pipeline.\nmay have regard to any other matter it considers relevant, including, for example, any information it obtains in the course of performing its functions.\nThe AER may have regard to information contained in a report made by a mediator in relation to an access dispute.\nFor subsection (3) (b) (ii) , prospective service providers are unrelated if the service providers—\nare not related bodies corporate of each other; and\ndo not include a related body corporate of the applicant for the greenfields incentive determination.\ns 112 sub 2022 No. 21 (SA) s 52\n(sec.112-ssec.1) This section sets out principles that apply for the making of the following determinations (each a relevant determination ) by the AER— a scheme pipeline determination under Part 1 Division 1 ; a scheme pipeline revocation determination under Part 2 ; a greenfields incentive determination under Part 3 .\n(sec.112-ssec.2) In deciding whether to make a relevant determination, the AER must consider the effect of regulating the pipeline, to which the determination would apply, as a scheme pipeline or non-scheme pipeline on— the promotion of access to pipeline services; and the costs that are likely to be incurred by an efficient service provider; and the costs that are likely to be incurred by efficient users and efficient prospective users; and the likely costs of end users.\n(sec.112-ssec.3) In doing so the AER— must have regard to the national gas objective; and must have regard to— the form of regulation factors; and for a greenfields incentive determination—the extent to which the form of regulation factors or competition to develop the pipeline (whether formal or informal) between 2 or more unrelated prospective service providers will, or is likely to, pose an effective constraint on the exercise of market power in respect of services provided by means of the pipeline for the period the determination is in operation; and Competition between prospective service providers could involve the service providers competing on the basis of— different pipeline routes; or an expansion of an existing pipeline and the development of a new pipeline. may have regard to any other matter it considers relevant, including, for example, any information it obtains in the course of performing its functions. The AER may have regard to information contained in a report made by a mediator in relation to an access dispute.\n(sec.112-ssec.4) For subsection (3) (b) (ii) , prospective service providers are unrelated if the service providers— are not related bodies corporate of each other; and do not include a related body corporate of the applicant for the greenfields incentive determination.\n- (a) a scheme pipeline determination under Part 1 Division 1 ;\n- (b) a scheme pipeline revocation determination under Part 2 ;\n- (c) a greenfields incentive determination under Part 3 .\n- (a) the promotion of access to pipeline services; and\n- (b) the costs that are likely to be incurred by an efficient service provider; and\n- (c) the costs that are likely to be incurred by efficient users and efficient prospective users; and\n- (d) the likely costs of end users.\n- (a) must have regard to the national gas objective; and\n- (b) must have regard to— (i) the form of regulation factors; and (ii) for a greenfields incentive determination—the extent to which the form of regulation factors or competition to develop the pipeline (whether formal or informal) between 2 or more unrelated prospective service providers will, or is likely to, pose an effective constraint on the exercise of market power in respect of services provided by means of the pipeline for the period the determination is in operation; and Example— Competition between prospective service providers could involve the service providers competing on the basis of— (a) different pipeline routes; or (b) an expansion of an existing pipeline and the development of a new pipeline.\n- (i) the form of regulation factors; and\n- (ii) for a greenfields incentive determination—the extent to which the form of regulation factors or competition to develop the pipeline (whether formal or informal) between 2 or more unrelated prospective service providers will, or is likely to, pose an effective constraint on the exercise of market power in respect of services provided by means of the pipeline for the period the determination is in operation; and Example— Competition between prospective service providers could involve the service providers competing on the basis of— (a) different pipeline routes; or (b) an expansion of an existing pipeline and the development of a new pipeline.\n- (a) different pipeline routes; or\n- (b) an expansion of an existing pipeline and the development of a new pipeline.\n- (c) may have regard to any other matter it considers relevant, including, for example, any information it obtains in the course of performing its functions. Example for paragraph (c) — The AER may have regard to information contained in a report made by a mediator in relation to an access dispute.\n- (i) the form of regulation factors; and\n- (ii) for a greenfields incentive determination—the extent to which the form of regulation factors or competition to develop the pipeline (whether formal or informal) between 2 or more unrelated prospective service providers will, or is likely to, pose an effective constraint on the exercise of market power in respect of services provided by means of the pipeline for the period the determination is in operation; and Example— Competition between prospective service providers could involve the service providers competing on the basis of— (a) different pipeline routes; or (b) an expansion of an existing pipeline and the development of a new pipeline.\n- (a) different pipeline routes; or\n- (b) an expansion of an existing pipeline and the development of a new pipeline.\n- (a) different pipeline routes; or\n- (b) an expansion of an existing pipeline and the development of a new pipeline.\n- (a) are not related bodies corporate of each other; and\n- (b) do not include a related body corporate of the applicant for the greenfields incentive determination.","sortOrder":361},{"sectionNumber":"ch.3-pt.5","sectionType":"part","heading":"Access arrangements for scheme pipelines","content":"# Access arrangements for scheme pipelines","sortOrder":362},{"sectionNumber":"ch.3-pt.5-div.1","sectionType":"division","heading":"Submissions generally","content":"## Submissions generally","sortOrder":363},{"sectionNumber":"sec.113","sectionType":"section","heading":"Submission of access arrangement or revisions to applicable access arrangement","content":"### sec.113 Submission of access arrangement or revisions to applicable access arrangement\n\nA scheme pipeline service provider must submit to the AER, for approval by the AER under the Rules, an access arrangement or revisions to an applicable access arrangement, in relation to the pipeline services the service provider provides or intends to provide—\nin the circumstances specified by the Rules; and\nwithin the period of time specified by the Rules.\ns 113 sub 2022 No. 21 (SA) s 52\n- (a) in the circumstances specified by the Rules; and\n- (b) within the period of time specified by the Rules.","sortOrder":364},{"sectionNumber":"ch.3-pt.5-div.2","sectionType":"division","heading":"Provisions relating to applicable access arrangements","content":"## Provisions relating to applicable access arrangements","sortOrder":365},{"sectionNumber":"sec.114","sectionType":"section","heading":"Protection of certain pre-existing contractual rights","content":"### sec.114 Protection of certain pre-existing contractual rights\n\nAn applicable access arrangement must not have the effect of depriving a person of a relevant protected contractual right.\nIn this section—\nrelevant exclusivity right means an express contractual right that arose on or after 30 March 1995 that—\nprevents a service provider supplying pipeline services to persons who are not parties to the contract; or\nlimits or controls a service provider’s ability to supply pipeline services to persons who are not parties to the contract,\nbut does not include a user’s contractual right to obtain a certain amount of pipeline services;\nrelevant protected contractual right means—\nin the case of an applicable access arrangement approved under an applicable arrangement decision—a right under a contract (other than a relevant exclusivity right) in force immediately before that access arrangement was submitted for approval under this Law; or\nin the case of an applicable access arrangement made under an applicable arrangement decision because—\nan access arrangement was not submitted for approval as required under section 113 —a right under a contract (other than a relevant exclusivity right) in force immediately before the date on which an access arrangement was required to be submitted for approval; or\nan access arrangement was not approved under an applicable arrangement decision—a right under a contract (other than a relevant exclusivity right) in force immediately before the date on which that access arrangement was submitted for approval.\ns 114 sub 2022 No. 21 (SA) s 52\n(sec.114-ssec.1) An applicable access arrangement must not have the effect of depriving a person of a relevant protected contractual right.\n(sec.114-ssec.2) In this section— relevant exclusivity right means an express contractual right that arose on or after 30 March 1995 that— prevents a service provider supplying pipeline services to persons who are not parties to the contract; or limits or controls a service provider’s ability to supply pipeline services to persons who are not parties to the contract, but does not include a user’s contractual right to obtain a certain amount of pipeline services; relevant protected contractual right means— in the case of an applicable access arrangement approved under an applicable arrangement decision—a right under a contract (other than a relevant exclusivity right) in force immediately before that access arrangement was submitted for approval under this Law; or in the case of an applicable access arrangement made under an applicable arrangement decision because— an access arrangement was not submitted for approval as required under section 113 —a right under a contract (other than a relevant exclusivity right) in force immediately before the date on which an access arrangement was required to be submitted for approval; or an access arrangement was not approved under an applicable arrangement decision—a right under a contract (other than a relevant exclusivity right) in force immediately before the date on which that access arrangement was submitted for approval.\n- (a) prevents a service provider supplying pipeline services to persons who are not parties to the contract; or\n- (b) limits or controls a service provider’s ability to supply pipeline services to persons who are not parties to the contract,\n- (a) in the case of an applicable access arrangement approved under an applicable arrangement decision—a right under a contract (other than a relevant exclusivity right) in force immediately before that access arrangement was submitted for approval under this Law; or\n- (b) in the case of an applicable access arrangement made under an applicable arrangement decision because— (i) an access arrangement was not submitted for approval as required under section 113 —a right under a contract (other than a relevant exclusivity right) in force immediately before the date on which an access arrangement was required to be submitted for approval; or (ii) an access arrangement was not approved under an applicable arrangement decision—a right under a contract (other than a relevant exclusivity right) in force immediately before the date on which that access arrangement was submitted for approval.\n- (i) an access arrangement was not submitted for approval as required under section 113 —a right under a contract (other than a relevant exclusivity right) in force immediately before the date on which an access arrangement was required to be submitted for approval; or\n- (ii) an access arrangement was not approved under an applicable arrangement decision—a right under a contract (other than a relevant exclusivity right) in force immediately before the date on which that access arrangement was submitted for approval.\n- (i) an access arrangement was not submitted for approval as required under section 113 —a right under a contract (other than a relevant exclusivity right) in force immediately before the date on which an access arrangement was required to be submitted for approval; or\n- (ii) an access arrangement was not approved under an applicable arrangement decision—a right under a contract (other than a relevant exclusivity right) in force immediately before the date on which that access arrangement was submitted for approval.","sortOrder":366},{"sectionNumber":"sec.115","sectionType":"section","heading":"Service provider may enter into agreement for access different from applicable access arrangement","content":"### sec.115 Service provider may enter into agreement for access different from applicable access arrangement\n\nSubject to sections 83C and 135 , nothing in this Law is to be taken as preventing a service provider from entering into an agreement with a user or a prospective user about access to a pipeline service provided by means of a scheme pipeline that is different from an applicable access arrangement that applies to that pipeline service.\ns 115 sub 2022 No. 21 (SA) s 52","sortOrder":367},{"sectionNumber":"sec.116","sectionType":"section","heading":"Applicable access arrangements continue to apply regardless of who provides pipeline service","content":"### sec.116 Applicable access arrangements continue to apply regardless of who provides pipeline service\n\nAn applicable access arrangement applies to a pipeline service provided, or to be provided, by means of a scheme pipeline regardless of who provides that pipeline service.\ns 116 sub 2022 No. 21 (SA) s 52","sortOrder":368},{"sectionNumber":"ch.3-pt.6","sectionType":"part","heading":"Classification and reclassification of pipelines","content":"# Classification and reclassification of pipelines","sortOrder":369},{"sectionNumber":"ch.3-pt.6-div.1","sectionType":"division","heading":"Classification of pipelines","content":"## Classification of pipelines","sortOrder":370},{"sectionNumber":"sec.117","sectionType":"section","heading":"Application for classification of pipeline","content":"### sec.117 Application for classification of pipeline\n\nThis section applies if a pipeline is not classified as a distribution or transmission pipeline under a licence or authorisation granted in relation to the pipeline under jurisdictional gas legislation.\nWithin 20 business days after the commissioning of the pipeline, the service provider for the pipeline must apply to the AER for the pipeline to be classified as a distribution pipeline or transmission pipeline.\nAn application for a classification decision must—\nbe made in accordance with the Rules; and\ncontain the information required by the Rules; and\nbe accompanied by the fee prescribed by the Regulations (if any); and\nbe dealt with in accordance with the Rules.\ns 117 amd 2021 No. 3 (SA) s 43\nsub 2022 No. 21 (SA) s 52\n(sec.117-ssec.1) This section applies if a pipeline is not classified as a distribution or transmission pipeline under a licence or authorisation granted in relation to the pipeline under jurisdictional gas legislation.\n(sec.117-ssec.2) Within 20 business days after the commissioning of the pipeline, the service provider for the pipeline must apply to the AER for the pipeline to be classified as a distribution pipeline or transmission pipeline.\n(sec.117-ssec.3) An application for a classification decision must— be made in accordance with the Rules; and contain the information required by the Rules; and be accompanied by the fee prescribed by the Regulations (if any); and be dealt with in accordance with the Rules.\n- (a) be made in accordance with the Rules; and\n- (b) contain the information required by the Rules; and\n- (c) be accompanied by the fee prescribed by the Regulations (if any); and\n- (d) be dealt with in accordance with the Rules.","sortOrder":371},{"sectionNumber":"ch.3-pt.6-div.2","sectionType":"division","heading":"Reclassification of pipelines","content":"## Reclassification of pipelines","sortOrder":372},{"sectionNumber":"sec.118","sectionType":"section","heading":"Reclassification of pipelines","content":"### sec.118 Reclassification of pipelines\n\nThe AER may, on its own initiative or on the application of a service provider, make a decision for a pipeline to be reclassified as—\nif the pipeline is a transmission pipeline—a distribution pipeline; or\nif the pipeline is a distribution pipeline—a transmission pipeline.\nAn application for a reclassification decision must—\nbe made in accordance with the Rules; and\ncontain the information required by the Rules; and\nbe accompanied by the fee prescribed by the Regulations (if any); and\nbe dealt with in accordance with the Rules.\ns 118 sub 2022 No. 21 (SA) s 52\n(sec.118-ssec.1) The AER may, on its own initiative or on the application of a service provider, make a decision for a pipeline to be reclassified as— if the pipeline is a transmission pipeline—a distribution pipeline; or if the pipeline is a distribution pipeline—a transmission pipeline.\n(sec.118-ssec.2) An application for a reclassification decision must— be made in accordance with the Rules; and contain the information required by the Rules; and be accompanied by the fee prescribed by the Regulations (if any); and be dealt with in accordance with the Rules.\n- (a) if the pipeline is a transmission pipeline—a distribution pipeline; or\n- (b) if the pipeline is a distribution pipeline—a transmission pipeline.\n- (a) be made in accordance with the Rules; and\n- (b) contain the information required by the Rules; and\n- (c) be accompanied by the fee prescribed by the Regulations (if any); and\n- (b) be dealt with in accordance with the Rules.","sortOrder":373},{"sectionNumber":"ch.3-pt.6-div.3","sectionType":"division","heading":"Provisions relating to classification and reclassification decisions","content":"## Provisions relating to classification and reclassification decisions","sortOrder":374},{"sectionNumber":"sec.119","sectionType":"section","heading":"Requirements for making classification or reclassification decisions","content":"### sec.119 Requirements for making classification or reclassification decisions\n\nIn making a classification decision or reclassification decision, the AER must have regard to—\nthe national gas objective; and\nthe pipeline classification criterion.\nA classification decision or reclassification decision must—\nbe made in accordance with this Law and the Rules; and\ncontain the information required by the Rules; and\nbe given to the persons specified by the Rules; and\nbe made publicly available in accordance with the Rules.\ns 119 sub 2022 No. 21 (SA) s 52\n(sec.119-ssec.1) In making a classification decision or reclassification decision, the AER must have regard to— the national gas objective; and the pipeline classification criterion.\n(sec.119-ssec.2) A classification decision or reclassification decision must— be made in accordance with this Law and the Rules; and contain the information required by the Rules; and be given to the persons specified by the Rules; and be made publicly available in accordance with the Rules.\n- (a) the national gas objective; and\n- (b) the pipeline classification criterion.\n- (a) be made in accordance with this Law and the Rules; and\n- (b) contain the information required by the Rules; and\n- (c) be given to the persons specified by the Rules; and\n- (d) be made publicly available in accordance with the Rules.","sortOrder":375},{"sectionNumber":"sec.120","sectionType":"section","heading":"Effect of classification decision or reclassification decision","content":"### sec.120 Effect of classification decision or reclassification decision\n\nOn the making of a classification decision or reclassification decision, a pipeline is—\nif the pipeline is classified or reclassified as a distribution pipeline—a distribution pipeline; or\nif the pipeline is classified or reclassified as a transmission pipeline—a transmission pipeline.\ns 120 sub 2022 No. 21 (SA) s 52\n- (a) if the pipeline is classified or reclassified as a distribution pipeline—a distribution pipeline; or\n- (b) if the pipeline is classified or reclassified as a transmission pipeline—a transmission pipeline.","sortOrder":376},{"sectionNumber":"ch.3-pt.7","sectionType":"part","heading":"AER reviews into designated pipelines","content":"# AER reviews into designated pipelines","sortOrder":377},{"sectionNumber":"sec.121","sectionType":"section","heading":"AER reviews","content":"### sec.121 AER reviews\n\nThe MCE may request the AER to conduct a review into, and report to it as to, whether a pipeline should continue to be a designated pipeline.\nA service provider that provides pipeline services by means of a designated pipeline may request the AER to conduct a review into, and report to the MCE as to, whether that pipeline should continue to be a designated pipeline.\nA request under subsection (1) or (2) must be in writing.\nOn receiving a request under this section, the AER must conduct a review as to whether the pipeline the subject of the request should continue to be a designated pipeline.\nIn conducting a review under this section, the AER must—\nhave regard to—\nthe national gas objective; and\nwhether there has been a material change in competition in a market served by the designated pipeline; and\nconsult, in accordance with the Rules, with the public.\nOn the completion of a review under this section, the AER must prepare a report and—\ngive the report to the MCE; and\npublish the report on its website.\nThe AER must also give a copy of the report to the service provider that has requested the review.\ns 121 sub 2022 No. 21 (SA) s 52\n(sec.121-ssec.1) The MCE may request the AER to conduct a review into, and report to it as to, whether a pipeline should continue to be a designated pipeline.\n(sec.121-ssec.2) A service provider that provides pipeline services by means of a designated pipeline may request the AER to conduct a review into, and report to the MCE as to, whether that pipeline should continue to be a designated pipeline.\n(sec.121-ssec.3) A request under subsection (1) or (2) must be in writing.\n(sec.121-ssec.4) On receiving a request under this section, the AER must conduct a review as to whether the pipeline the subject of the request should continue to be a designated pipeline.\n(sec.121-ssec.5) In conducting a review under this section, the AER must— have regard to— the national gas objective; and whether there has been a material change in competition in a market served by the designated pipeline; and consult, in accordance with the Rules, with the public.\n(sec.121-ssec.6) On the completion of a review under this section, the AER must prepare a report and— give the report to the MCE; and publish the report on its website.\n(sec.121-ssec.7) The AER must also give a copy of the report to the service provider that has requested the review.\n- (a) have regard to— (i) the national gas objective; and (ii) whether there has been a material change in competition in a market served by the designated pipeline; and\n- (i) the national gas objective; and\n- (ii) whether there has been a material change in competition in a market served by the designated pipeline; and\n- (b) consult, in accordance with the Rules, with the public.\n- (i) the national gas objective; and\n- (ii) whether there has been a material change in competition in a market served by the designated pipeline; and\n- (a) give the report to the MCE; and\n- (b) publish the report on its website.","sortOrder":378},{"sectionNumber":"sec.122","sectionType":"section","heading":null,"content":"### Section sec.122\n\ns 122 om 2022 No. 21 (SA) s 52","sortOrder":379},{"sectionNumber":"sec.123","sectionType":"section","heading":null,"content":"### Section sec.123\n\ns 123 om 2022 No. 21 (SA) s 52","sortOrder":380},{"sectionNumber":"sec.124","sectionType":"section","heading":null,"content":"### Section sec.124\n\ns 124 om 2022 No. 21 (SA) s 52","sortOrder":381},{"sectionNumber":"sec.125","sectionType":"section","heading":null,"content":"### Section sec.125\n\ns 125 om 2022 No. 21 (SA) s 52","sortOrder":382},{"sectionNumber":"sec.126","sectionType":"section","heading":null,"content":"### Section sec.126\n\ns 126 om 2022 No. 21 (SA) s 52","sortOrder":383},{"sectionNumber":"sec.127","sectionType":"section","heading":null,"content":"### Section sec.127\n\ns 127 om 2022 No. 21 (SA) s 52","sortOrder":384},{"sectionNumber":"sec.128","sectionType":"section","heading":null,"content":"### Section sec.128\n\ns 128 om 2022 No. 21 (SA) s 52","sortOrder":385},{"sectionNumber":"sec.129","sectionType":"section","heading":null,"content":"### Section sec.129\n\ns 129 om 2022 No. 21 (SA) s 52","sortOrder":386},{"sectionNumber":"ch.4-pt.A1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":387},{"sectionNumber":"sec.130","sectionType":"section","heading":"Application of this Chapter","content":"### sec.130 Application of this Chapter\n\nThis Chapter applies in relation to scheme pipelines and non-scheme pipelines.\nAlso, this Chapter, or a provision of this Chapter, applies to a person other than a service provider as if a reference in the Chapter or provision to a service provider were a reference to the person—\nif—\nthis Chapter, or the provision, is prescribed by the Regulations for the purposes of this subsection; and\nthe person—\nis prescribed by the Regulations for the purposes of this subsection; or\nis a member of a class of persons prescribed by the Regulations for the purposes of this subsection; and\nsubject to any modifications prescribed by the Regulations for the purposes of this subsection.\ns 130 prev s 130 om 2022 No. 21 (SA) s 52\npres s 130 ins 2022 No. 21 (SA) s 54\n(sec.130-ssec.1) This Chapter applies in relation to scheme pipelines and non-scheme pipelines.\n(sec.130-ssec.2) Also, this Chapter, or a provision of this Chapter, applies to a person other than a service provider as if a reference in the Chapter or provision to a service provider were a reference to the person— if— this Chapter, or the provision, is prescribed by the Regulations for the purposes of this subsection; and the person— is prescribed by the Regulations for the purposes of this subsection; or is a member of a class of persons prescribed by the Regulations for the purposes of this subsection; and subject to any modifications prescribed by the Regulations for the purposes of this subsection.\n- (a) if— (i) this Chapter, or the provision, is prescribed by the Regulations for the purposes of this subsection; and (ii) the person— (A) is prescribed by the Regulations for the purposes of this subsection; or (B) is a member of a class of persons prescribed by the Regulations for the purposes of this subsection; and\n- (i) this Chapter, or the provision, is prescribed by the Regulations for the purposes of this subsection; and\n- (ii) the person— (A) is prescribed by the Regulations for the purposes of this subsection; or (B) is a member of a class of persons prescribed by the Regulations for the purposes of this subsection; and\n- (A) is prescribed by the Regulations for the purposes of this subsection; or\n- (B) is a member of a class of persons prescribed by the Regulations for the purposes of this subsection; and\n- (b) subject to any modifications prescribed by the Regulations for the purposes of this subsection.\n- (i) this Chapter, or the provision, is prescribed by the Regulations for the purposes of this subsection; and\n- (ii) the person— (A) is prescribed by the Regulations for the purposes of this subsection; or (B) is a member of a class of persons prescribed by the Regulations for the purposes of this subsection; and\n- (A) is prescribed by the Regulations for the purposes of this subsection; or\n- (B) is a member of a class of persons prescribed by the Regulations for the purposes of this subsection; and\n- (A) is prescribed by the Regulations for the purposes of this subsection; or\n- (B) is a member of a class of persons prescribed by the Regulations for the purposes of this subsection; and","sortOrder":388},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"General duties for provision of pipeline services by pipelines","content":"# General duties for provision of pipeline services by pipelines","sortOrder":389},{"sectionNumber":"sec.131","sectionType":"section","heading":"Service provider must be legal entity of a specified kind to provide pipeline services","content":"### sec.131 Service provider must be legal entity of a specified kind to provide pipeline services\n\nA service provider must not provide a pipeline service by means of a pipeline unless the service provider is—\na legal entity registered under the Corporations Act 2001 of the Commonwealth; or\na foreign company; or\na corporation established by or under a law of this jurisdiction or another participating jurisdiction, whether or not that corporation has been established for a public purpose; or\nthe Crown in right of this jurisdiction or another participating jurisdiction; or\na person referred to in paragraph (a) to (d) and that person provides a pipeline service by means of a pipeline together with another person referred to in paragraph (a) to (d) .\ns 131 amd 2022 No. 21 (SA) s 56\n- (a) a legal entity registered under the Corporations Act 2001 of the Commonwealth; or\n- (b) a foreign company; or\n- (c) a corporation established by or under a law of this jurisdiction or another participating jurisdiction, whether or not that corporation has been established for a public purpose; or\n- (d) the Crown in right of this jurisdiction or another participating jurisdiction; or\n- (e) a person referred to in paragraph (a) to (d) and that person provides a pipeline service by means of a pipeline together with another person referred to in paragraph (a) to (d) .","sortOrder":390},{"sectionNumber":"sec.132","sectionType":"section","heading":null,"content":"### Section sec.132\n\ns 132 om 2022 No. 21 (SA) s 57","sortOrder":391},{"sectionNumber":"sec.133","sectionType":"section","heading":"Preventing or hindering access","content":"### sec.133 Preventing or hindering access\n\nA person who is—\na service provider; or\na person who—\nis a party to an agreement with a service provider relating to a pipeline service provided by means of a pipeline; or\nas a result of an access determination is entitled to a pipeline service provided by means of a pipeline; or\nan associate of a service provider or a person referred to in paragraph (b) ,\nmust not engage in conduct for the purpose of preventing or hindering the access of another person to a pipeline service provided by means of the pipeline.\nFor the purposes of subsection (1) , a person is deemed to engage in conduct for a particular purpose if—\nthe conduct is or was engaged in for that purpose or for a purpose that includes, or included, that purpose; and\nthat purpose is or was a substantial purpose.\nA person may be taken to have engaged in conduct for the purpose referred to in subsection (1) even though, after all the evidence has been considered, the existence of that purpose is ascertainable only by inference from the conduct of the person or of any other person or from other relevant circumstances.\nSubsection (3) does not limit the manner in which the purpose of a person may be established for the purpose of subsection (1) .\nIn this section—\na reference to engaging in conduct is a reference to doing or refusing to do any act, including the following—\nrefusing to supply a pipeline service;\nwithout reasonable grounds, limiting or disrupting a pipeline service;\nmaking, or giving effect to a provision of a contract or arrangement, arriving at, or giving effect to, a provision of an understanding, or requiring the giving of, or giving, a covenant; and\na reference to refusing to do an act includes a reference to—\nrefraining (otherwise than inadvertently) from doing that act; or\nmaking it known that that act will not be done.\nSubsection (1) does not apply to conduct engaged in in accordance with an agreement, if the agreement was in force on 30 March 1995.\nAn example of conduct which may be prohibited if the requisite purpose is established is refusing to supply, or limiting or disrupting the supply of, a pipeline service to a user or prospective user for technical or safety reasons without reasonable grounds.\ns 133 amd 2022 No. 21 (SA) s 58\n(sec.133-ssec.1) A person who is— a service provider; or a person who— is a party to an agreement with a service provider relating to a pipeline service provided by means of a pipeline; or as a result of an access determination is entitled to a pipeline service provided by means of a pipeline; or an associate of a service provider or a person referred to in paragraph (b) , must not engage in conduct for the purpose of preventing or hindering the access of another person to a pipeline service provided by means of the pipeline.\n(sec.133-ssec.2) For the purposes of subsection (1) , a person is deemed to engage in conduct for a particular purpose if— the conduct is or was engaged in for that purpose or for a purpose that includes, or included, that purpose; and that purpose is or was a substantial purpose.\n(sec.133-ssec.3) A person may be taken to have engaged in conduct for the purpose referred to in subsection (1) even though, after all the evidence has been considered, the existence of that purpose is ascertainable only by inference from the conduct of the person or of any other person or from other relevant circumstances.\n(sec.133-ssec.4) Subsection (3) does not limit the manner in which the purpose of a person may be established for the purpose of subsection (1) .\n(sec.133-ssec.5) In this section— a reference to engaging in conduct is a reference to doing or refusing to do any act, including the following— refusing to supply a pipeline service; without reasonable grounds, limiting or disrupting a pipeline service; making, or giving effect to a provision of a contract or arrangement, arriving at, or giving effect to, a provision of an understanding, or requiring the giving of, or giving, a covenant; and a reference to refusing to do an act includes a reference to— refraining (otherwise than inadvertently) from doing that act; or making it known that that act will not be done.\n(sec.133-ssec.6) Subsection (1) does not apply to conduct engaged in in accordance with an agreement, if the agreement was in force on 30 March 1995. An example of conduct which may be prohibited if the requisite purpose is established is refusing to supply, or limiting or disrupting the supply of, a pipeline service to a user or prospective user for technical or safety reasons without reasonable grounds.\n- (a) a service provider; or\n- (b) a person who— (i) is a party to an agreement with a service provider relating to a pipeline service provided by means of a pipeline; or (ii) as a result of an access determination is entitled to a pipeline service provided by means of a pipeline; or\n- (i) is a party to an agreement with a service provider relating to a pipeline service provided by means of a pipeline; or\n- (ii) as a result of an access determination is entitled to a pipeline service provided by means of a pipeline; or\n- (c) an associate of a service provider or a person referred to in paragraph (b) ,\n- (i) is a party to an agreement with a service provider relating to a pipeline service provided by means of a pipeline; or\n- (ii) as a result of an access determination is entitled to a pipeline service provided by means of a pipeline; or\n- (a) the conduct is or was engaged in for that purpose or for a purpose that includes, or included, that purpose; and\n- (b) that purpose is or was a substantial purpose.\n- (a) a reference to engaging in conduct is a reference to doing or refusing to do any act, including the following— (i) refusing to supply a pipeline service; (ii) without reasonable grounds, limiting or disrupting a pipeline service; (iii) making, or giving effect to a provision of a contract or arrangement, arriving at, or giving effect to, a provision of an understanding, or requiring the giving of, or giving, a covenant; and\n- (i) refusing to supply a pipeline service;\n- (ii) without reasonable grounds, limiting or disrupting a pipeline service;\n- (iii) making, or giving effect to a provision of a contract or arrangement, arriving at, or giving effect to, a provision of an understanding, or requiring the giving of, or giving, a covenant; and\n- (b) a reference to refusing to do an act includes a reference to— (i) refraining (otherwise than inadvertently) from doing that act; or (ii) making it known that that act will not be done.\n- (i) refraining (otherwise than inadvertently) from doing that act; or\n- (ii) making it known that that act will not be done.\n- (i) refusing to supply a pipeline service;\n- (ii) without reasonable grounds, limiting or disrupting a pipeline service;\n- (iii) making, or giving effect to a provision of a contract or arrangement, arriving at, or giving effect to, a provision of an understanding, or requiring the giving of, or giving, a covenant; and\n- (i) refraining (otherwise than inadvertently) from doing that act; or\n- (ii) making it known that that act will not be done.","sortOrder":392},{"sectionNumber":"sec.134","sectionType":"section","heading":null,"content":"### Section sec.134\n\ns 134 om 2022 No. 21 (SA) s 59","sortOrder":393},{"sectionNumber":"sec.135","sectionType":"section","heading":"Service provider must comply with queuing requirements","content":"### sec.135 Service provider must comply with queuing requirements\n\nA service provider must comply with the queuing requirements of an applicable access arrangement or the Rules.\ns 135 sub 2022 No. 21 (SA) s 60","sortOrder":394},{"sectionNumber":"sec.136","sectionType":"section","heading":"Compliance with pipeline interconnection principles","content":"### sec.136 Compliance with pipeline interconnection principles\n\nSubject to section 91BF , a service provider must comply with the principles relating to the interconnection of pipelines and facilities (the pipeline interconnection principles ) specified in the Rules.\ns 136 sub 2022 No. 21 (SA) s 61","sortOrder":395},{"sectionNumber":"sec.136A","sectionType":"section","heading":"Prohibition against increasing charges to subsidise particular development","content":"### sec.136A Prohibition against increasing charges to subsidise particular development\n\nThis section applies to a service provider for a transmission pipeline, other than a pipeline within a declared transmission system.\nThe service provider must not increase a charge for a pipeline service payable by an existing user to the service provider to subsidise the development of an extension, or expansion of the capacity, of the pipeline.\nHowever, subsection (2) does not apply to a service provider if the service provider is exempt from complying with subsection (2) under the Rules.\nNothing in this section prevents a service provider from charging an existing user of the service provider for pipeline services provided by means of an extension, or expansion of the capacity, of a pipeline.\ns 136A ins 2022 No. 21 (SA) s 61\n(sec.136A-ssec.1) This section applies to a service provider for a transmission pipeline, other than a pipeline within a declared transmission system.\n(sec.136A-ssec.2) The service provider must not increase a charge for a pipeline service payable by an existing user to the service provider to subsidise the development of an extension, or expansion of the capacity, of the pipeline.\n(sec.136A-ssec.3) However, subsection (2) does not apply to a service provider if the service provider is exempt from complying with subsection (2) under the Rules.\n(sec.136A-ssec.4) Nothing in this section prevents a service provider from charging an existing user of the service provider for pipeline services provided by means of an extension, or expansion of the capacity, of a pipeline.","sortOrder":396},{"sectionNumber":"sec.136B","sectionType":"section","heading":"Prohibition on bundling of services","content":"### sec.136B Prohibition on bundling of services\n\nA service provider must not make it a condition of the provision of a particular pipeline service to a prospective user that the prospective user accept another service from the service provider unless the bundling of the services is reasonably necessary.\ns 136B ins 2022 No. 21 (SA) s 61","sortOrder":397},{"sectionNumber":"sec.136C","sectionType":"section","heading":"Service providers must publish prescribed transparency information","content":"### sec.136C Service providers must publish prescribed transparency information\n\nA service provider must—\npublish the information relating to pipelines and pipeline services specified in the Rules made for the purposes of this paragraph (the prescribed transparency information ); and\nensure the prescribed transparency information is published in accordance with the Rules.\nHowever, subsection (1) does not apply to a service provider if the service provider is exempt from complying with subsection (1) under the Rules.\ns 136C ins 2022 No. 21 (SA) s 61\n(sec.136C-ssec.1) A service provider must— publish the information relating to pipelines and pipeline services specified in the Rules made for the purposes of this paragraph (the prescribed transparency information ); and ensure the prescribed transparency information is published in accordance with the Rules.\n(sec.136C-ssec.2) However, subsection (1) does not apply to a service provider if the service provider is exempt from complying with subsection (1) under the Rules.\n- (a) publish the information relating to pipelines and pipeline services specified in the Rules made for the purposes of this paragraph (the prescribed transparency information ); and\n- (b) ensure the prescribed transparency information is published in accordance with the Rules.","sortOrder":398},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Structural and operational separation requirements (ring fencing)","content":"# Structural and operational separation requirements (ring fencing)","sortOrder":399},{"sectionNumber":"ch.4-pt.2-div.1","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":400},{"sectionNumber":"sec.137","sectionType":"section","heading":"Definitions","content":"### sec.137 Definitions\n\nIn this Part—\nadditional ring fencing requirement has the meaning given by section 143 (1) ;\ncompliance date ...\ns 137 def compliance date om 2022 No. 21 (SA) s 62 (1)\nmarketing staff has the meaning given by section 138 ;\nrelated business means the following:\nthe provision of a blend processing service;\nthe business of producing primary gas, processable gas or biogas;\nthe business of purchasing or selling covered gas, processable gas or biogas, but does not include purchasing or selling covered gas, processable gas or biogas to the extent necessary—\nfor the safe and reliable operation of a pipeline; or\nto enable a service provider to provide balancing services in connection with a pipeline.\ns 137 def related business amd 2022 No. 21 (SA) s 62 (2)\nsub 2023 No. 36 (SA) s 49\n- (a) the provision of a blend processing service;\n- (b) the business of producing primary gas, processable gas or biogas;\n- (c) the business of purchasing or selling covered gas, processable gas or biogas, but does not include purchasing or selling covered gas, processable gas or biogas to the extent necessary— (i) for the safe and reliable operation of a pipeline; or (ii) to enable a service provider to provide balancing services in connection with a pipeline.\n- (i) for the safe and reliable operation of a pipeline; or\n- (ii) to enable a service provider to provide balancing services in connection with a pipeline.\n- (i) for the safe and reliable operation of a pipeline; or\n- (ii) to enable a service provider to provide balancing services in connection with a pipeline.","sortOrder":401},{"sectionNumber":"sec.138","sectionType":"section","heading":"Meaning of marketing staff","content":"### sec.138 Meaning of marketing staff\n\nA person is marketing staff of—\na service provider, if the person—\nis an officer, employee, consultant or independent contractor or agent of the service provider; and\nis directly involved in the sale, marketing or advertising of pipeline services (whether or not the person is also involved in other activities);\nan associate of a service provider, if the person—\nis an officer, employee, consultant or independent contractor or agent of the associate; and\nis directly involved in the sale, marketing or advertising of pipeline services (whether or not the person is also involved in other activities).\nA person is not marketing staff of a service provider, or an associate of a service provider, if—\nthe person’s function or role (as an officer, employee, consultant or independent contractor or agent of a service provider, or an associate of a service provider) is only to provide technical, administrative, legal and accounting services to that provider or associate; or\nthe sale, marketing or advertising of pipeline services is only an incidental part of the person’s function or role (as an officer, employee, consultant or independent contractor or agent of a service provider, or an associate of a service provider).\nA person in the position of general manager of marketing of a service provider or an associate of a service provider would be marketing staff whereas a person in the position of chief executive officer, or chief financial officer, of a service provider or an associate of a service provider would not be marketing staff.\ns 138 amd 2022 No. 21 (SA) s 63\n(sec.138-ssec.1) A person is marketing staff of— a service provider, if the person— is an officer, employee, consultant or independent contractor or agent of the service provider; and is directly involved in the sale, marketing or advertising of pipeline services (whether or not the person is also involved in other activities); an associate of a service provider, if the person— is an officer, employee, consultant or independent contractor or agent of the associate; and is directly involved in the sale, marketing or advertising of pipeline services (whether or not the person is also involved in other activities).\n(sec.138-ssec.2) A person is not marketing staff of a service provider, or an associate of a service provider, if— the person’s function or role (as an officer, employee, consultant or independent contractor or agent of a service provider, or an associate of a service provider) is only to provide technical, administrative, legal and accounting services to that provider or associate; or the sale, marketing or advertising of pipeline services is only an incidental part of the person’s function or role (as an officer, employee, consultant or independent contractor or agent of a service provider, or an associate of a service provider). A person in the position of general manager of marketing of a service provider or an associate of a service provider would be marketing staff whereas a person in the position of chief executive officer, or chief financial officer, of a service provider or an associate of a service provider would not be marketing staff.\n- (a) a service provider, if the person— (i) is an officer, employee, consultant or independent contractor or agent of the service provider; and (ii) is directly involved in the sale, marketing or advertising of pipeline services (whether or not the person is also involved in other activities);\n- (i) is an officer, employee, consultant or independent contractor or agent of the service provider; and\n- (ii) is directly involved in the sale, marketing or advertising of pipeline services (whether or not the person is also involved in other activities);\n- (b) an associate of a service provider, if the person— (i) is an officer, employee, consultant or independent contractor or agent of the associate; and (ii) is directly involved in the sale, marketing or advertising of pipeline services (whether or not the person is also involved in other activities).\n- (i) is an officer, employee, consultant or independent contractor or agent of the associate; and\n- (ii) is directly involved in the sale, marketing or advertising of pipeline services (whether or not the person is also involved in other activities).\n- (i) is an officer, employee, consultant or independent contractor or agent of the service provider; and\n- (ii) is directly involved in the sale, marketing or advertising of pipeline services (whether or not the person is also involved in other activities);\n- (i) is an officer, employee, consultant or independent contractor or agent of the associate; and\n- (ii) is directly involved in the sale, marketing or advertising of pipeline services (whether or not the person is also involved in other activities).\n- (a) the person’s function or role (as an officer, employee, consultant or independent contractor or agent of a service provider, or an associate of a service provider) is only to provide technical, administrative, legal and accounting services to that provider or associate; or\n- (b) the sale, marketing or advertising of pipeline services is only an incidental part of the person’s function or role (as an officer, employee, consultant or independent contractor or agent of a service provider, or an associate of a service provider).","sortOrder":402},{"sectionNumber":"ch.4-pt.2-div.2","sectionType":"division","heading":"Minimum ring fencing requirements","content":"## Minimum ring fencing requirements","sortOrder":403},{"sectionNumber":"sec.139","sectionType":"section","heading":"Carrying on of related businesses prohibited","content":"### sec.139 Carrying on of related businesses prohibited\n\nA service provider must not carry on a related business.\ns 139 amd 2022 No. 21 (SA) s 64","sortOrder":404},{"sectionNumber":"sec.140","sectionType":"section","heading":"Marketing staff and the taking part in related businesses","content":"### sec.140 Marketing staff and the taking part in related businesses\n\nA service provider must ensure that none of its marketing staff are officers, employees, consultants, independent contractors or agents of an associate of the service provider that takes part in a related business.\nA service provider must ensure that none of its officers, employees, consultants, independent contractors or agents are marketing staff of an associate of the service provider that takes part in a related business.\ns 140 amd 2022 No. 21 (SA) s 65\n(sec.140-ssec.1) A service provider must ensure that none of its marketing staff are officers, employees, consultants, independent contractors or agents of an associate of the service provider that takes part in a related business.\n(sec.140-ssec.2) A service provider must ensure that none of its officers, employees, consultants, independent contractors or agents are marketing staff of an associate of the service provider that takes part in a related business.","sortOrder":405},{"sectionNumber":"sec.141","sectionType":"section","heading":"Accounts that must be prepared, maintained and kept","content":"### sec.141 Accounts that must be prepared, maintained and kept\n\nA service provider must prepare, maintain and keep—\nseparate accounts in respect of pipeline services provided by means of every pipeline owned, operated or controlled by the service provider; and\na consolidated set of accounts in respect of the whole of the business of the service provider.\ns 141 amd 2022 No. 21 (SA) s 66\n- (a) separate accounts in respect of pipeline services provided by means of every pipeline owned, operated or controlled by the service provider; and\n- (b) a consolidated set of accounts in respect of the whole of the business of the service provider.","sortOrder":406},{"sectionNumber":"ch.4-pt.2-div.3","sectionType":"division","heading":"Additional ring fencing requirements","content":"## Additional ring fencing requirements","sortOrder":407},{"sectionNumber":"sec.142","sectionType":"section","heading":"Division does not limit operation of Division 2","content":"### sec.142 Division does not limit operation of Division 2\n\nThis Division does not limit Division 2 .","sortOrder":408},{"sectionNumber":"sec.143","sectionType":"section","heading":"AER ring fencing determinations","content":"### sec.143 AER ring fencing determinations\n\nSubject to this Division and subject to and in accordance with the Rules, the AER may make a determination requiring a service provider or associate of a service provider named in the determination to do, or refrain from doing, a thing specified in the determination (an additional ring fencing requirement ).\nIn specifying an additional ring fencing requirement the AER must have regard to the following principles:\nin the case where 1 part of the business of a service provider ( business unit A ) is providing pipeline services to another part of the business of the service provider ( business unit B ), the service provider must ensure that business unit A provides the pipeline services to business unit B as if business unit B were a separate unrelated entity;\nin the case where a service provider is providing pipeline services to an associate of the service provider, the service provider must ensure that those services are provided as if the associate of the service provider were a separate unrelated entity;\nusers and prospective users should have sufficient information in order to understand whether a service provider is complying with paragraph (a) or (b) .\nThe AER must—\nnotify, in writing, the service provider or associate named in the AER ring fencing determination of the making of that determination; and\ngive the service provider or associate a copy of the AER ring fencing determination.\nAn AER ring fencing determination must specify the date on and after which the service provider or associate of a service provider must do, or refrain from doing, a thing specified in the determination (a notified compliance date ).\nA notified compliance date must not be a date that is earlier than 10 business days after the date the service provider or associate of a service provider is given a copy of the AER ring fencing determination.\nA service provider or associate of a service provider must comply with every additional ring fencing requirement specified in an AER ring fencing determination on and after the notified compliance date.\ns 143 amd 2022 No. 21 (SA) s 67\n(sec.143-ssec.1) Subject to this Division and subject to and in accordance with the Rules, the AER may make a determination requiring a service provider or associate of a service provider named in the determination to do, or refrain from doing, a thing specified in the determination (an additional ring fencing requirement ).\n(sec.143-ssec.2) In specifying an additional ring fencing requirement the AER must have regard to the following principles: in the case where 1 part of the business of a service provider ( business unit A ) is providing pipeline services to another part of the business of the service provider ( business unit B ), the service provider must ensure that business unit A provides the pipeline services to business unit B as if business unit B were a separate unrelated entity; in the case where a service provider is providing pipeline services to an associate of the service provider, the service provider must ensure that those services are provided as if the associate of the service provider were a separate unrelated entity; users and prospective users should have sufficient information in order to understand whether a service provider is complying with paragraph (a) or (b) .\n(sec.143-ssec.3) The AER must— notify, in writing, the service provider or associate named in the AER ring fencing determination of the making of that determination; and give the service provider or associate a copy of the AER ring fencing determination.\n(sec.143-ssec.4) An AER ring fencing determination must specify the date on and after which the service provider or associate of a service provider must do, or refrain from doing, a thing specified in the determination (a notified compliance date ).\n(sec.143-ssec.5) A notified compliance date must not be a date that is earlier than 10 business days after the date the service provider or associate of a service provider is given a copy of the AER ring fencing determination.\n(sec.143-ssec.6) A service provider or associate of a service provider must comply with every additional ring fencing requirement specified in an AER ring fencing determination on and after the notified compliance date.\n- (a) in the case where 1 part of the business of a service provider ( business unit A ) is providing pipeline services to another part of the business of the service provider ( business unit B ), the service provider must ensure that business unit A provides the pipeline services to business unit B as if business unit B were a separate unrelated entity;\n- (b) in the case where a service provider is providing pipeline services to an associate of the service provider, the service provider must ensure that those services are provided as if the associate of the service provider were a separate unrelated entity;\n- (c) users and prospective users should have sufficient information in order to understand whether a service provider is complying with paragraph (a) or (b) .\n- (a) notify, in writing, the service provider or associate named in the AER ring fencing determination of the making of that determination; and\n- (b) give the service provider or associate a copy of the AER ring fencing determination.","sortOrder":409},{"sectionNumber":"sec.144","sectionType":"section","heading":"AER to have regard to likely compliance costs of additional ring fencing requirements","content":"### sec.144 AER to have regard to likely compliance costs of additional ring fencing requirements\n\nIn making an AER ring fencing determination the AER must have regard to the likely costs that may be incurred by, as the case requires—\nan efficient service provider; or\nan efficient associate of a service provider,\nin complying with an additional ring fencing requirement specified in the determination.\ns 144 amd 2022 No. 21 (SA) s 68\n- (a) an efficient service provider; or\n- (b) an efficient associate of a service provider,","sortOrder":410},{"sectionNumber":"sec.145","sectionType":"section","heading":"Types of ring fencing requirements that may be specified in an AER ring fencing determination","content":"### sec.145 Types of ring fencing requirements that may be specified in an AER ring fencing determination\n\nWithout limiting what may be specified as an additional ring fencing requirement, the AER, in an AER ring fencing determination, may require a service provider to—\nensure that its business and business activities are conducted, structured and arranged in the particular manner specified;\nAn AER ring fencing determination may require the service provider to ensure that persons employed or engaged by the service provider in relation to the provision of pipeline services are not also associates, or employed by associates, of the service provider that take part in a related business and how this must be effected.\nAn AER ring fencing determination may require the service provider to put in place electronic, physical and procedural security measures in respect of the offices and computer systems of the service provider, and of the offices and computer systems of its associates, so that certain specified employees or persons engaged by the service provider do not have access to certain specified information.\nin a specified manner, disclose, to the AER and to the public, specified information in a specified manner about its business operations, structure and arrangements, and its business activities.\ns 145 amd 2022 No. 21 (SA) s 69\n- (a) ensure that its business and business activities are conducted, structured and arranged in the particular manner specified; Example 1— An AER ring fencing determination may require the service provider to ensure that persons employed or engaged by the service provider in relation to the provision of pipeline services are not also associates, or employed by associates, of the service provider that take part in a related business and how this must be effected. Example 2— An AER ring fencing determination may require the service provider to put in place electronic, physical and procedural security measures in respect of the offices and computer systems of the service provider, and of the offices and computer systems of its associates, so that certain specified employees or persons engaged by the service provider do not have access to certain specified information.\n- (b) in a specified manner, disclose, to the AER and to the public, specified information in a specified manner about its business operations, structure and arrangements, and its business activities.","sortOrder":411},{"sectionNumber":"ch.4-pt.2-div.4","sectionType":"division","heading":"Associate contracts","content":"## Associate contracts","sortOrder":412},{"sectionNumber":"sec.146","sectionType":"section","heading":null,"content":"### Section sec.146\n\ns 146 om 2022 No. 21 (SA) s 70","sortOrder":413},{"sectionNumber":"sec.147","sectionType":"section","heading":"Service provider must not enter into or give effect to associate contracts that have anti-competitive effect","content":"### sec.147 Service provider must not enter into or give effect to associate contracts that have anti-competitive effect\n\nA service provider must not—\nenter into an associate contract that has; or\nvary an associate contract so that contract, as varied, has; or\ngive effect to a provision of an associate contract that has,\nthe purpose, or would have or be likely to have the effect, of substantially lessening competition in a market for covered gas services unless—\nthat associate contract is an approved associate contract; or\nthat provision is contained in an approved associate contract.\ns 147 amd 2022 No. 21 (SA) s 72 ; 2023 No. 36 (SA) s 50\n- (a) enter into an associate contract that has; or\n- (b) vary an associate contract so that contract, as varied, has; or\n- (c) give effect to a provision of an associate contract that has,\n- (d) that associate contract is an approved associate contract; or\n- (e) that provision is contained in an approved associate contract.","sortOrder":414},{"sectionNumber":"sec.148","sectionType":"section","heading":"Service provider must not enter into or give effect to associate contracts inconsistent with competitive parity rule","content":"### sec.148 Service provider must not enter into or give effect to associate contracts inconsistent with competitive parity rule\n\nA service provider must not—\nenter into an associate contract that is; or\nvary an associate contract so that contract, as varied, is; or\ngive effect to a provision of an associate contract that is,\ninconsistent with the competitive parity rule unless—\nthat associate contract is an approved associated contract; or\nthat provision is contained in an approved associate contract.\nFor the purposes of subsection (1) , and any Rules made for the purposes of that subsection, the competitive parity rule is the rule that a service provider must ensure that any pipeline services that the service provider provides to an associate of the service provider are provided to that associate as if that associate were a separate unrelated entity.\ns 148 amd 2022 No. 21 (SA) s 73\n(sec.148-ssec.1) A service provider must not— enter into an associate contract that is; or vary an associate contract so that contract, as varied, is; or give effect to a provision of an associate contract that is, inconsistent with the competitive parity rule unless— that associate contract is an approved associated contract; or that provision is contained in an approved associate contract.\n(sec.148-ssec.2) For the purposes of subsection (1) , and any Rules made for the purposes of that subsection, the competitive parity rule is the rule that a service provider must ensure that any pipeline services that the service provider provides to an associate of the service provider are provided to that associate as if that associate were a separate unrelated entity.\n- (a) enter into an associate contract that is; or\n- (b) vary an associate contract so that contract, as varied, is; or\n- (c) give effect to a provision of an associate contract that is,\n- (d) that associate contract is an approved associated contract; or\n- (e) that provision is contained in an approved associate contract.","sortOrder":415},{"sectionNumber":"ch.4-pt.2-div.5","sectionType":"division","heading":"Exemptions from particular requirements","content":"## Exemptions from particular requirements","sortOrder":416},{"sectionNumber":"sec.148AA","sectionType":"section","heading":"Exemptions from section 147 (c)","content":"### sec.148AA Exemptions from section 147 (c)\n\nSection 147 (c) does not prevent a service provider from giving effect to a provision of an associate contract if the contract is for an associate pipeline service, and—\nif the associate pipeline service relates to 1 or more types of relevant covered gas—the provision was entered into before the commencement of the Statutes Amendment (National Energy Laws) (Other Gases) Act 2023 ; or\nif the associate pipeline service relates to 1 or more types of prescribed primary gas—the provision was entered into before the gas became a prescribed primary gas; or\nif the associate pipeline service relates to a blend of prescribed primary gases—the provision was entered into before any of the gases became a prescribed primary gas.\nIn this section—\nprescribed primary gas means a gas—\nprescribed by the Regulations for the purpose of paragraph (e) of the definition of primary gas ; or\nprescribed by a local regulation for the purpose of paragraph (f) of the definition of primary gas ;\nrelevant covered gas means the following:\nbiomethane;\nhydrogen;\nsynthetic methane;\na gas blend.\ns 148AA ins 2023 No. 36 (SA) s 51\n(sec.148AA-ssec.1) Section 147 (c) does not prevent a service provider from giving effect to a provision of an associate contract if the contract is for an associate pipeline service, and— if the associate pipeline service relates to 1 or more types of relevant covered gas—the provision was entered into before the commencement of the Statutes Amendment (National Energy Laws) (Other Gases) Act 2023 ; or if the associate pipeline service relates to 1 or more types of prescribed primary gas—the provision was entered into before the gas became a prescribed primary gas; or if the associate pipeline service relates to a blend of prescribed primary gases—the provision was entered into before any of the gases became a prescribed primary gas.\n(sec.148AA-ssec.2) In this section— prescribed primary gas means a gas— prescribed by the Regulations for the purpose of paragraph (e) of the definition of primary gas ; or prescribed by a local regulation for the purpose of paragraph (f) of the definition of primary gas ; relevant covered gas means the following: biomethane; hydrogen; synthetic methane; a gas blend.\n- (a) if the associate pipeline service relates to 1 or more types of relevant covered gas—the provision was entered into before the commencement of the Statutes Amendment (National Energy Laws) (Other Gases) Act 2023 ; or\n- (b) if the associate pipeline service relates to 1 or more types of prescribed primary gas—the provision was entered into before the gas became a prescribed primary gas; or\n- (c) if the associate pipeline service relates to a blend of prescribed primary gases—the provision was entered into before any of the gases became a prescribed primary gas.\n- (a) prescribed by the Regulations for the purpose of paragraph (e) of the definition of primary gas ; or\n- (b) prescribed by a local regulation for the purpose of paragraph (f) of the definition of primary gas ;\n- (a) biomethane;\n- (b) hydrogen;\n- (c) synthetic methane;\n- (d) a gas blend.","sortOrder":417},{"sectionNumber":"sec.148A","sectionType":"section","heading":"Exemptions from particular requirements","content":"### sec.148A Exemptions from particular requirements\n\nThe Rules may provide for exemptions from the requirements under section 139 , 140 , 141 , 147 or 148 .\nAn exemption may be given subject to conditions.\nWithout limiting the conditions that may be imposed under subsection (2) , an exemption may be given subject to conditions requiring a service provider to—\nensure that its business and business activities are conducted, structured and arranged in the particular manner specified in the exemption; or\ndisclose, in the manner specified in the exemption, to the AER and to the public, specified information about its business activities, operations, structure and arrangements.\ns 148A ins 2022 No. 21 (SA) s 74\nsub 2023 No. 36 (SA) s 51\n(sec.148A-ssec.1) The Rules may provide for exemptions from the requirements under section 139 , 140 , 141 , 147 or 148 .\n(sec.148A-ssec.2) An exemption may be given subject to conditions.\n(sec.148A-ssec.3) Without limiting the conditions that may be imposed under subsection (2) , an exemption may be given subject to conditions requiring a service provider to— ensure that its business and business activities are conducted, structured and arranged in the particular manner specified in the exemption; or disclose, in the manner specified in the exemption, to the AER and to the public, specified information about its business activities, operations, structure and arrangements.\n- (a) ensure that its business and business activities are conducted, structured and arranged in the particular manner specified in the exemption; or\n- (b) disclose, in the manner specified in the exemption, to the AER and to the public, specified information about its business activities, operations, structure and arrangements.","sortOrder":418},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Negotiation of access","content":"# Negotiation of access","sortOrder":419},{"sectionNumber":"sec.148B","sectionType":"section","heading":"Definition","content":"### sec.148B Definition\n\nIn this Part—\nrelevant pipeline service means a pipeline service provided, or to be provided, by means of a pipeline and includes a pipeline service provided, or to be provided, by an extension to, or expansion of the capacity of, a pipeline.\ns 148B ins 2022 No. 21 (SA) s 74","sortOrder":420},{"sectionNumber":"sec.148C","sectionType":"section","heading":"Access proposals","content":"### sec.148C Access proposals\n\nA service provider must comply with the Rules relating to access to a relevant pipeline service made for the purposes of this section.\ns 148C ins 2022 No. 21 (SA) s 74","sortOrder":421},{"sectionNumber":"sec.148D","sectionType":"section","heading":"Duty to negotiate in good faith","content":"### sec.148D Duty to negotiate in good faith\n\nA user or prospective user seeking access to a relevant pipeline service and the service provider for the service must negotiate in good faith with each other about—\nwhether access can be granted to the user or prospective user; and\nif access is to be granted—the terms and conditions for the provision of access to the user or prospective user.\ns 148D ins 2022 No. 21 (SA) s 74\n- (a) whether access can be granted to the user or prospective user; and\n- (b) if access is to be granted—the terms and conditions for the provision of access to the user or prospective user.","sortOrder":422},{"sectionNumber":"ch.4-pt.4","sectionType":"part","heading":"AER reviews about application of this Chapter","content":"# AER reviews about application of this Chapter","sortOrder":423},{"sectionNumber":"sec.148E","sectionType":"section","heading":"AER reviews about application of this Chapter","content":"### sec.148E AER reviews about application of this Chapter\n\nThe MCE may request the AER to conduct a review into, and report to it as to, whether this Chapter, or a provision of this Chapter, should apply to any person or class of persons to whom the Chapter or provision does not currently apply.\nA request under subsection (1) must be in writing.\nOn receiving a request under this section, the AER must conduct the review.\nIn conducting a review under this section, the AER must—\nhave regard to—\nthe national gas objective; and\nthe effect the application of this Chapter, or a provision of this Chapter, to another person or class of persons would have on—\nthe promotion of access to pipeline services and any other benefits that may be associated with the application; and\nthe costs that are likely to be incurred by the person or class of persons if they were operating efficiently; and\nconsult, in accordance with the Rules, with the public.\nOn the completion of a review under this section, the AER must prepare a report and—\ngive the report to the MCE; and\npublish the report on its website.\ns 148E ins 2022 No. 21 (SA) s 74\n(sec.148E-ssec.1) The MCE may request the AER to conduct a review into, and report to it as to, whether this Chapter, or a provision of this Chapter, should apply to any person or class of persons to whom the Chapter or provision does not currently apply.\n(sec.148E-ssec.2) A request under subsection (1) must be in writing.\n(sec.148E-ssec.3) On receiving a request under this section, the AER must conduct the review.\n(sec.148E-ssec.4) In conducting a review under this section, the AER must— have regard to— the national gas objective; and the effect the application of this Chapter, or a provision of this Chapter, to another person or class of persons would have on— the promotion of access to pipeline services and any other benefits that may be associated with the application; and the costs that are likely to be incurred by the person or class of persons if they were operating efficiently; and consult, in accordance with the Rules, with the public.\n(sec.148E-ssec.5) On the completion of a review under this section, the AER must prepare a report and— give the report to the MCE; and publish the report on its website.\n- (a) have regard to— (i) the national gas objective; and (ii) the effect the application of this Chapter, or a provision of this Chapter, to another person or class of persons would have on— (A) the promotion of access to pipeline services and any other benefits that may be associated with the application; and (B) the costs that are likely to be incurred by the person or class of persons if they were operating efficiently; and\n- (i) the national gas objective; and\n- (ii) the effect the application of this Chapter, or a provision of this Chapter, to another person or class of persons would have on— (A) the promotion of access to pipeline services and any other benefits that may be associated with the application; and (B) the costs that are likely to be incurred by the person or class of persons if they were operating efficiently; and\n- (A) the promotion of access to pipeline services and any other benefits that may be associated with the application; and\n- (B) the costs that are likely to be incurred by the person or class of persons if they were operating efficiently; and\n- (b) consult, in accordance with the Rules, with the public.\n- (i) the national gas objective; and\n- (ii) the effect the application of this Chapter, or a provision of this Chapter, to another person or class of persons would have on— (A) the promotion of access to pipeline services and any other benefits that may be associated with the application; and (B) the costs that are likely to be incurred by the person or class of persons if they were operating efficiently; and\n- (A) the promotion of access to pipeline services and any other benefits that may be associated with the application; and\n- (B) the costs that are likely to be incurred by the person or class of persons if they were operating efficiently; and\n- (A) the promotion of access to pipeline services and any other benefits that may be associated with the application; and\n- (B) the costs that are likely to be incurred by the person or class of persons if they were operating efficiently; and\n- (a) give the report to the MCE; and\n- (b) publish the report on its website.","sortOrder":424},{"sectionNumber":"ch.5-pt.1","sectionType":"part","heading":"Interpretation and application","content":"# Interpretation and application","sortOrder":425},{"sectionNumber":"sec.149","sectionType":"section","heading":"Definitions","content":"### sec.149 Definitions\n\nIn this Chapter—\naccess dispute pipeline , in relation to an access dispute, means the pipeline the subject of the dispute;\ndispute hearing means a hearing conducted by the relevant adjudicator for an access dispute for the purpose of making an access determination in relation to the dispute;\nparty , in relation to an access dispute, has the meaning given by section 154 .\ns 149 sub 2022 No. 21 (SA) s 75","sortOrder":426},{"sectionNumber":"sec.150","sectionType":"section","heading":"Application of this Chapter to disputes arising under the Rules","content":"### sec.150 Application of this Chapter to disputes arising under the Rules\n\nThe provisions of this Chapter applicable to the determination of an access dispute apply to the determination of any dispute arising under any provision of the Rules specified in the Rules for the purposes of this section.\nThis section applies subject to any modification of the provisions of this Chapter specified in the Rules.\ns 150 sub 2022 No. 21 (SA) s 75\n(sec.150-ssec.1) The provisions of this Chapter applicable to the determination of an access dispute apply to the determination of any dispute arising under any provision of the Rules specified in the Rules for the purposes of this section.\n(sec.150-ssec.2) This section applies subject to any modification of the provisions of this Chapter specified in the Rules.","sortOrder":427},{"sectionNumber":"sec.151","sectionType":"section","heading":"Chapter does not limit how disputes about access may be raised or dealt with","content":"### sec.151 Chapter does not limit how disputes about access may be raised or dealt with\n\nThis Chapter does not limit how a dispute about access to a pipeline service may be raised or dealt with.\ns 151 sub 2022 No. 21 (SA) s 75","sortOrder":428},{"sectionNumber":"ch.5-pt.2","sectionType":"part","heading":"Notice of access dispute and other provisions","content":"# Notice of access dispute and other provisions","sortOrder":429},{"sectionNumber":"ch.5-pt.2-div.1","sectionType":"division","heading":"Notice of access dispute","content":"## Notice of access dispute","sortOrder":430},{"sectionNumber":"sec.152","sectionType":"section","heading":"Notice of access dispute","content":"### sec.152 Notice of access dispute\n\nThis section applies if there is an access dispute between a user or prospective user and a service provider.\nThe user, prospective user or service provider may give a notice in writing to the following entity that the access dispute exists—\nfor a scheme pipeline access dispute—the dispute resolution body;\nfor a non-scheme pipeline access dispute—the AER.\nA notice given under subsection (2) must—\ninclude information about—\nthe matters (if any) on which agreement has been reached; and\nthe matters that are in dispute; and\nany other matter specified by the Rules; and\nbe accompanied by—\nif an access dispute is a scheme pipeline access dispute—the fee prescribed by the Regulations (if any); or\nif an access dispute is a non-scheme pipeline access dispute—the fee set by the AER from time to time and specified on the AER’s website; and\nbe given to any other party to any negotiations that gave rise to the dispute as soon as practicable after it is given to the dispute resolution body or AER; and\nbe dealt with in accordance with the Rules.\nThe user, prospective user, or service provider may not give a notice under subsection (2) if the dispute relates to a matter excluded from the operation of this Chapter by the Rules.\ns 152 sub 2022 No. 21 (SA) s 75\n(sec.152-ssec.1) This section applies if there is an access dispute between a user or prospective user and a service provider.\n(sec.152-ssec.2) The user, prospective user or service provider may give a notice in writing to the following entity that the access dispute exists— for a scheme pipeline access dispute—the dispute resolution body; for a non-scheme pipeline access dispute—the AER.\n(sec.152-ssec.3) A notice given under subsection (2) must— include information about— the matters (if any) on which agreement has been reached; and the matters that are in dispute; and any other matter specified by the Rules; and be accompanied by— if an access dispute is a scheme pipeline access dispute—the fee prescribed by the Regulations (if any); or if an access dispute is a non-scheme pipeline access dispute—the fee set by the AER from time to time and specified on the AER’s website; and be given to any other party to any negotiations that gave rise to the dispute as soon as practicable after it is given to the dispute resolution body or AER; and be dealt with in accordance with the Rules.\n(sec.152-ssec.4) The user, prospective user, or service provider may not give a notice under subsection (2) if the dispute relates to a matter excluded from the operation of this Chapter by the Rules.\n- (a) for a scheme pipeline access dispute—the dispute resolution body;\n- (b) for a non-scheme pipeline access dispute—the AER.\n- (a) include information about— (i) the matters (if any) on which agreement has been reached; and (ii) the matters that are in dispute; and (iii) any other matter specified by the Rules; and\n- (i) the matters (if any) on which agreement has been reached; and\n- (ii) the matters that are in dispute; and\n- (iii) any other matter specified by the Rules; and\n- (b) be accompanied by— (i) if an access dispute is a scheme pipeline access dispute—the fee prescribed by the Regulations (if any); or (ii) if an access dispute is a non-scheme pipeline access dispute—the fee set by the AER from time to time and specified on the AER’s website; and\n- (i) if an access dispute is a scheme pipeline access dispute—the fee prescribed by the Regulations (if any); or\n- (ii) if an access dispute is a non-scheme pipeline access dispute—the fee set by the AER from time to time and specified on the AER’s website; and\n- (c) be given to any other party to any negotiations that gave rise to the dispute as soon as practicable after it is given to the dispute resolution body or AER; and\n- (d) be dealt with in accordance with the Rules.\n- (i) the matters (if any) on which agreement has been reached; and\n- (ii) the matters that are in dispute; and\n- (iii) any other matter specified by the Rules; and\n- (i) if an access dispute is a scheme pipeline access dispute—the fee prescribed by the Regulations (if any); or\n- (ii) if an access dispute is a non-scheme pipeline access dispute—the fee set by the AER from time to time and specified on the AER’s website; and","sortOrder":431},{"sectionNumber":"sec.153","sectionType":"section","heading":"Withdrawal of notice","content":"### sec.153 Withdrawal of notice\n\nSubject to the Rules, a notice given under section 152 may be withdrawn—\nin accordance with the Rules; and\nat any time before an access determination is made in relation to the dispute.\ns 153 sub 2022 No. 21 (SA) s 75\n- (a) in accordance with the Rules; and\n- (b) at any time before an access determination is made in relation to the dispute.","sortOrder":432},{"sectionNumber":"ch.5-pt.2-div.2","sectionType":"division","heading":"Parties to an access dispute","content":"## Parties to an access dispute","sortOrder":433},{"sectionNumber":"sec.154","sectionType":"section","heading":"Parties to an access dispute","content":"### sec.154 Parties to an access dispute\n\nThe parties to an access dispute are—\nthe parties to any negotiations that gave rise to the access dispute; and\nif the dispute resolution body or AER (as the case requires) is of the opinion that the resolution of the access dispute may involve requiring another person to do something and that it is appropriate that the person be joined as a party—that other person; and\nif a small shipper is a party and has elected, in accordance with the Rules, for a user association to be joined as a party—the user association; and\nif the access dispute is a scheme pipeline access dispute—any other person who applies in writing, in accordance with the Rules, to be made a party and is accepted by the dispute resolution body as having a sufficient interest.\nIn this section—\nuser association means an association or body, whether incorporated or not—\nthe members of which include more than 1 user or prospective user; and\nthat represents and promotes the interests of those members in relation to the provision of pipeline services.\ns 154 sub 2022 No. 21 (SA) s 75\n(sec.154-ssec.1) The parties to an access dispute are— the parties to any negotiations that gave rise to the access dispute; and if the dispute resolution body or AER (as the case requires) is of the opinion that the resolution of the access dispute may involve requiring another person to do something and that it is appropriate that the person be joined as a party—that other person; and if a small shipper is a party and has elected, in accordance with the Rules, for a user association to be joined as a party—the user association; and if the access dispute is a scheme pipeline access dispute—any other person who applies in writing, in accordance with the Rules, to be made a party and is accepted by the dispute resolution body as having a sufficient interest.\n(sec.154-ssec.2) In this section— user association means an association or body, whether incorporated or not— the members of which include more than 1 user or prospective user; and that represents and promotes the interests of those members in relation to the provision of pipeline services.\n- (a) the parties to any negotiations that gave rise to the access dispute; and\n- (b) if the dispute resolution body or AER (as the case requires) is of the opinion that the resolution of the access dispute may involve requiring another person to do something and that it is appropriate that the person be joined as a party—that other person; and\n- (c) if a small shipper is a party and has elected, in accordance with the Rules, for a user association to be joined as a party—the user association; and\n- (d) if the access dispute is a scheme pipeline access dispute—any other person who applies in writing, in accordance with the Rules, to be made a party and is accepted by the dispute resolution body as having a sufficient interest.\n- (a) the members of which include more than 1 user or prospective user; and\n- (b) that represents and promotes the interests of those members in relation to the provision of pipeline services.","sortOrder":434},{"sectionNumber":"ch.5-pt.3","sectionType":"part","heading":"Alternative dispute resolution for access disputes","content":"# Alternative dispute resolution for access disputes","sortOrder":435},{"sectionNumber":"ch.5-pt.3-div.1","sectionType":"division","heading":"Alternative dispute resolution for scheme pipeline access disputes","content":"## Alternative dispute resolution for scheme pipeline access disputes","sortOrder":436},{"sectionNumber":"sec.155","sectionType":"section","heading":"Dispute resolution body may require parties to engage in alternative dispute resolution","content":"### sec.155 Dispute resolution body may require parties to engage in alternative dispute resolution\n\nThis section applies if the dispute resolution body receives a notice of a scheme pipeline access dispute under section 152 .\nThe dispute resolution body may require the parties to the dispute, in accordance with the Rules, to mediate, conciliate or engage in another alternative dispute resolution process for the purpose of resolving the dispute.\nA party must comply with a requirement under subsection (2) .\ns 155 sub 2022 No. 21 (SA) s 75\n(sec.155-ssec.1) This section applies if the dispute resolution body receives a notice of a scheme pipeline access dispute under section 152 .\n(sec.155-ssec.2) The dispute resolution body may require the parties to the dispute, in accordance with the Rules, to mediate, conciliate or engage in another alternative dispute resolution process for the purpose of resolving the dispute.\n(sec.155-ssec.3) A party must comply with a requirement under subsection (2) .","sortOrder":437},{"sectionNumber":"ch.5-pt.3-div.2","sectionType":"division","heading":"Mediation of access disputes involving small shippers","content":"## Mediation of access disputes involving small shippers","sortOrder":438},{"sectionNumber":"sec.156","sectionType":"section","heading":"Small shipper may elect to have access dispute mediated","content":"### sec.156 Small shipper may elect to have access dispute mediated\n\nA small shipper who is a party to an access dispute may, in accordance with the Rules, elect for the dispute to be resolved by mediation.\ns 156 sub 2022 No. 21 (SA) s 75","sortOrder":439},{"sectionNumber":"sec.157","sectionType":"section","heading":"Appointment of mediator","content":"### sec.157 Appointment of mediator\n\nThis section applies if a small shipper makes an election under section 156 .\nThe parties to the access dispute may agree to appoint, in accordance with the Rules, a mediator to resolve the dispute.\nIf the parties do not agree to the appointment of a mediator within a period specified by the Rules, the AER must—\nconsult with the parties to the dispute about the appointment of a mediator; and\nafter consultation, appoint a mediator the AER considers appropriate for the dispute.\nA mediator must be a person who—\nis independent of the parties to the dispute; and\nis properly qualified to act in the resolution of the dispute; and\nhas no direct or indirect interest in the outcome of the dispute.\nIf a mediator does not, for any reason, complete a mediation of a dispute, the parties to the dispute may agree to appoint, in accordance with the Rules, an alternative mediator to resolve the dispute.\nHowever, if the parties do not agree to the appointment of an alternative mediator within a period specified by the Rules, the AER must appoint another mediator in the way set out under subsection (3) .\nIf an alternative mediator does not, for any reason, complete a mediation of the dispute, the dispute must be determined by the relevant adjudicator for the dispute under Part 5 .\ns 157 sub 2022 No. 21 (SA) s 75\n(sec.157-ssec.1) This section applies if a small shipper makes an election under section 156 .\n(sec.157-ssec.2) The parties to the access dispute may agree to appoint, in accordance with the Rules, a mediator to resolve the dispute.\n(sec.157-ssec.3) If the parties do not agree to the appointment of a mediator within a period specified by the Rules, the AER must— consult with the parties to the dispute about the appointment of a mediator; and after consultation, appoint a mediator the AER considers appropriate for the dispute.\n(sec.157-ssec.4) A mediator must be a person who— is independent of the parties to the dispute; and is properly qualified to act in the resolution of the dispute; and has no direct or indirect interest in the outcome of the dispute.\n(sec.157-ssec.5) If a mediator does not, for any reason, complete a mediation of a dispute, the parties to the dispute may agree to appoint, in accordance with the Rules, an alternative mediator to resolve the dispute.\n(sec.157-ssec.6) However, if the parties do not agree to the appointment of an alternative mediator within a period specified by the Rules, the AER must appoint another mediator in the way set out under subsection (3) .\n(sec.157-ssec.7) If an alternative mediator does not, for any reason, complete a mediation of the dispute, the dispute must be determined by the relevant adjudicator for the dispute under Part 5 .\n- (a) consult with the parties to the dispute about the appointment of a mediator; and\n- (b) after consultation, appoint a mediator the AER considers appropriate for the dispute.\n- (a) is independent of the parties to the dispute; and\n- (b) is properly qualified to act in the resolution of the dispute; and\n- (c) has no direct or indirect interest in the outcome of the dispute.","sortOrder":440},{"sectionNumber":"sec.158","sectionType":"section","heading":"Party’s lawyer may be present at mediation","content":"### sec.158 Party’s lawyer may be present at mediation\n\nA party to a mediation may have a lawyer present at the mediation.\ns 158 sub 2022 No. 21 (SA) s 75","sortOrder":441},{"sectionNumber":"ch.5-pt.3-div.3","sectionType":"division","heading":null,"content":"","sortOrder":442},{"sectionNumber":"ch.5-pt.3-div.4","sectionType":"division","heading":null,"content":"","sortOrder":443},{"sectionNumber":"ch.5-pt.3-div.5","sectionType":"division","heading":null,"content":"","sortOrder":444},{"sectionNumber":"ch.5-pt.4","sectionType":"part","heading":"Arbitration of non-scheme pipeline access disputes","content":"# Arbitration of non-scheme pipeline access disputes","sortOrder":445},{"sectionNumber":"sec.159","sectionType":"section","heading":"Reference of non-scheme pipeline access dispute to arbitration","content":"### sec.159 Reference of non-scheme pipeline access dispute to arbitration\n\nThis section applies if the AER receives a notice of a non-scheme pipeline access dispute under section 152 .\nThe AER must refer the dispute to arbitration.\nThe AER must give notice of the referral of an access dispute to arbitration to—\nthe parties to the access dispute; and\nif relevant, any other person who will be a party to the access dispute.\nHowever, this section applies subject to section 156 .\ns 159 sub 2022 No. 21 (SA) s 75\n(sec.159-ssec.1) This section applies if the AER receives a notice of a non-scheme pipeline access dispute under section 152 .\n(sec.159-ssec.2) The AER must refer the dispute to arbitration.\n(sec.159-ssec.3) The AER must give notice of the referral of an access dispute to arbitration to— the parties to the access dispute; and if relevant, any other person who will be a party to the access dispute.\n(sec.159-ssec.4) However, this section applies subject to section 156 .\n- (a) the parties to the access dispute; and\n- (b) if relevant, any other person who will be a party to the access dispute.","sortOrder":446},{"sectionNumber":"sec.160","sectionType":"section","heading":"Appointment of arbitrator","content":"### sec.160 Appointment of arbitrator\n\nThis section applies if a non-scheme pipeline access dispute is referred to arbitration under section 159 .\nThe parties to the access dispute may agree to appoint, in accordance with the Rules, an arbitrator to resolve the dispute.\nIf the parties do not agree to the appointment of an arbitrator within a period specified by the Rules, the AER must—\nconsult with the parties to the dispute about the appointment of an arbitrator; and\nafter consultation, appoint an arbitrator the AER considers appropriate for the dispute.\nAn arbitrator must be a person who—\nis independent of the parties to the dispute; and\nis properly qualified to act in the resolution of the dispute; and\nhas no direct or indirect interest in the outcome of the dispute.\nIf an arbitrator does not, for any reason, complete an arbitration of a dispute, the parties to the dispute may agree to appoint, in accordance with the Rules, an alternative arbitrator to resolve the dispute.\nHowever, if the parties do not agree to the appointment of an alternative arbitrator within a period specified by the Rules, the AER must appoint another arbitrator in the way set out under subsection (3) .\ns 160 sub 2022 No. 21 (SA) s 75\n(sec.160-ssec.1) This section applies if a non-scheme pipeline access dispute is referred to arbitration under section 159 .\n(sec.160-ssec.2) The parties to the access dispute may agree to appoint, in accordance with the Rules, an arbitrator to resolve the dispute.\n(sec.160-ssec.3) If the parties do not agree to the appointment of an arbitrator within a period specified by the Rules, the AER must— consult with the parties to the dispute about the appointment of an arbitrator; and after consultation, appoint an arbitrator the AER considers appropriate for the dispute.\n(sec.160-ssec.4) An arbitrator must be a person who— is independent of the parties to the dispute; and is properly qualified to act in the resolution of the dispute; and has no direct or indirect interest in the outcome of the dispute.\n(sec.160-ssec.5) If an arbitrator does not, for any reason, complete an arbitration of a dispute, the parties to the dispute may agree to appoint, in accordance with the Rules, an alternative arbitrator to resolve the dispute.\n(sec.160-ssec.6) However, if the parties do not agree to the appointment of an alternative arbitrator within a period specified by the Rules, the AER must appoint another arbitrator in the way set out under subsection (3) .\n- (a) consult with the parties to the dispute about the appointment of an arbitrator; and\n- (b) after consultation, appoint an arbitrator the AER considers appropriate for the dispute.\n- (a) is independent of the parties to the dispute; and\n- (b) is properly qualified to act in the resolution of the dispute; and\n- (c) has no direct or indirect interest in the outcome of the dispute.","sortOrder":447},{"sectionNumber":"ch.5-pt.5","sectionType":"part","heading":"Access determination","content":"# Access determination","sortOrder":448},{"sectionNumber":"ch.5-pt.5-div.1","sectionType":"division","heading":"Determination of access disputes generally","content":"## Determination of access disputes generally","sortOrder":449},{"sectionNumber":"sec.161","sectionType":"section","heading":"Determination of access dispute","content":"### sec.161 Determination of access dispute\n\nUnless the relevant adjudicator for an access dispute terminates the access dispute under Part 7 , the relevant adjudicator must make a determination on access by the user or prospective user (as the case requires) (including a determination that does not require a service provider to provide access to any pipeline services).\nIn making an access determination, the relevant adjudicator must comply with this Chapter and the Rules.\nAn access determination may deal with any matter relating to access by the user or prospective user to the pipeline services specified by the Rules for the purposes of this subsection.\nThe Rules may also, in connection with the making of an access determination, contain provisions for or with respect to such things as—\nthe form of any determination; and\nthe content of any determination, including as to the giving of reasons; and\nthe time within which a determination must be made; and\nthe process for making a determination; and\nwhen a determination takes effect; and\nthe giving of notice of the making of a determination; and\nthe publication of an access determination and other information related to the determination, including a statement of reasons for making the access determination, relevant financial calculations and any reports.\ns 161 sub 2022 No. 21 (SA) s 75\n(sec.161-ssec.1) Unless the relevant adjudicator for an access dispute terminates the access dispute under Part 7 , the relevant adjudicator must make a determination on access by the user or prospective user (as the case requires) (including a determination that does not require a service provider to provide access to any pipeline services).\n(sec.161-ssec.2) In making an access determination, the relevant adjudicator must comply with this Chapter and the Rules.\n(sec.161-ssec.3) An access determination may deal with any matter relating to access by the user or prospective user to the pipeline services specified by the Rules for the purposes of this subsection.\n(sec.161-ssec.4) The Rules may also, in connection with the making of an access determination, contain provisions for or with respect to such things as— the form of any determination; and the content of any determination, including as to the giving of reasons; and the time within which a determination must be made; and the process for making a determination; and when a determination takes effect; and the giving of notice of the making of a determination; and the publication of an access determination and other information related to the determination, including a statement of reasons for making the access determination, relevant financial calculations and any reports.\n- (a) the form of any determination; and\n- (b) the content of any determination, including as to the giving of reasons; and\n- (c) the time within which a determination must be made; and\n- (d) the process for making a determination; and\n- (e) when a determination takes effect; and\n- (f) the giving of notice of the making of a determination; and\n- (g) the publication of an access determination and other information related to the determination, including a statement of reasons for making the access determination, relevant financial calculations and any reports.","sortOrder":450},{"sectionNumber":"sec.162","sectionType":"section","heading":"Matters to be taken into account for access disputes","content":"### sec.162 Matters to be taken into account for access disputes\n\nIn making an access determination, the relevant adjudicator for an access dispute the subject of the determination must take into account any matters specified in the Rules for the purposes of this section.\ns 162 sub 2022 No. 21 (SA) s 75","sortOrder":451},{"sectionNumber":"sec.163","sectionType":"section","heading":"Restrictions on access determinations","content":"### sec.163 Restrictions on access determinations\n\nAn access determination must not have any of the following effects:\npreventing a user from obtaining a sufficient amount of a pipeline service under a contract or previous access determination to be able to meet the user’s reasonably anticipated requirements, measured at the time the access dispute was notified;\npreventing a user or prospective user from obtaining, by the exercise of a pre-notification right, a sufficient amount of a pipeline service to be able to meet the user’s or prospective user’s actual requirements;\ndepriving a person of a relevant protected contractual right.\nIn this section—\npre-notification right means a right under a contract, or under an access determination, that was in force at the time when the access dispute was notified under section 152 ;\nrelevant exclusivity right means an express contractual right that arose on or after 30 March 1995 that—\nprevents a service provider supplying pipeline services to persons who are not parties to the contract; or\nlimits or controls a service provider’s ability to supply pipeline services to persons who are not parties to the contract,\nbut does not include a user’s contractual right to obtain a certain amount of pipeline services;\nrelevant protected contractual right means a right under a contract (other than a relevant exclusivity right) that was in force immediately before the notification of an access dispute under section 152 .\ns 163 sub 2022 No. 21 (SA) s 75\n(sec.163-ssec.1) An access determination must not have any of the following effects: preventing a user from obtaining a sufficient amount of a pipeline service under a contract or previous access determination to be able to meet the user’s reasonably anticipated requirements, measured at the time the access dispute was notified; preventing a user or prospective user from obtaining, by the exercise of a pre-notification right, a sufficient amount of a pipeline service to be able to meet the user’s or prospective user’s actual requirements; depriving a person of a relevant protected contractual right.\n(sec.163-ssec.2) In this section— pre-notification right means a right under a contract, or under an access determination, that was in force at the time when the access dispute was notified under section 152 ; relevant exclusivity right means an express contractual right that arose on or after 30 March 1995 that— prevents a service provider supplying pipeline services to persons who are not parties to the contract; or limits or controls a service provider’s ability to supply pipeline services to persons who are not parties to the contract, but does not include a user’s contractual right to obtain a certain amount of pipeline services; relevant protected contractual right means a right under a contract (other than a relevant exclusivity right) that was in force immediately before the notification of an access dispute under section 152 .\n- (a) preventing a user from obtaining a sufficient amount of a pipeline service under a contract or previous access determination to be able to meet the user’s reasonably anticipated requirements, measured at the time the access dispute was notified;\n- (b) preventing a user or prospective user from obtaining, by the exercise of a pre-notification right, a sufficient amount of a pipeline service to be able to meet the user’s or prospective user’s actual requirements;\n- (c) depriving a person of a relevant protected contractual right.\n- (a) prevents a service provider supplying pipeline services to persons who are not parties to the contract; or\n- (b) limits or controls a service provider’s ability to supply pipeline services to persons who are not parties to the contract,","sortOrder":452},{"sectionNumber":"sec.164","sectionType":"section","heading":"Access determinations and part contributions of capital to fund installations or the construction of new facilities","content":"### sec.164 Access determinations and part contributions of capital to fund installations or the construction of new facilities\n\nIn making an access determination, the relevant adjudicator for an access dispute the subject of the determination may take into account past contributions of capital to fund installations or the construction of new facilities for the access dispute pipeline.\nWithout limiting section 74 , the Rules may—\nspecify the matters that the relevant adjudicator must address in making that access determination; and\nspecify the content of that access determination.\ns 164 sub 2022 No. 21 (SA) s 75\n(sec.164-ssec.1) In making an access determination, the relevant adjudicator for an access dispute the subject of the determination may take into account past contributions of capital to fund installations or the construction of new facilities for the access dispute pipeline.\n(sec.164-ssec.2) Without limiting section 74 , the Rules may— specify the matters that the relevant adjudicator must address in making that access determination; and specify the content of that access determination.\n- (a) specify the matters that the relevant adjudicator must address in making that access determination; and\n- (b) specify the content of that access determination.","sortOrder":453},{"sectionNumber":"ch.5-pt.5-div.2","sectionType":"division","heading":"Particular provisions relating to scheme pipeline access disputes","content":"## Particular provisions relating to scheme pipeline access disputes","sortOrder":454},{"sectionNumber":"sec.165","sectionType":"section","heading":"Access determination must give effect to applicable access arrangement","content":"### sec.165 Access determination must give effect to applicable access arrangement\n\nThis section applies subject to sections 161 , 164 and 166 and any Rules made for the purposes of this Part.\nIn making an access determination for a scheme pipeline access dispute, the dispute resolution body must give effect to the applicable access arrangement (the relevant applicable access arrangement )—\napplying to the pipeline services provided, or to be provided, by means of the access dispute pipeline; and\nin effect at the time the determination is made.\nSubsection (2) applies even though the relevant applicable access arrangement may not have been in force when notice of the access dispute was given.\ns 165 sub 2022 No. 21 (SA) s 75\n(sec.165-ssec.1) This section applies subject to sections 161 , 164 and 166 and any Rules made for the purposes of this Part.\n(sec.165-ssec.2) In making an access determination for a scheme pipeline access dispute, the dispute resolution body must give effect to the applicable access arrangement (the relevant applicable access arrangement )— applying to the pipeline services provided, or to be provided, by means of the access dispute pipeline; and in effect at the time the determination is made.\n(sec.165-ssec.3) Subsection (2) applies even though the relevant applicable access arrangement may not have been in force when notice of the access dispute was given.\n- (a) applying to the pipeline services provided, or to be provided, by means of the access dispute pipeline; and\n- (b) in effect at the time the determination is made.","sortOrder":455},{"sectionNumber":"sec.166","sectionType":"section","heading":"Rules may allow determination that varies applicable access arrangement for installation of a new facility","content":"### sec.166 Rules may allow determination that varies applicable access arrangement for installation of a new facility\n\nThis section applies in relation to an access determination for a scheme pipeline access dispute that requires—\na service provider to install or construct a new facility to expand the capacity of the access dispute pipeline; and\nthe user or prospective user who is a party to the access dispute to contribute some or all of the capital to fund the installation or construction of the new facility.\nWithout limiting section 74 , the Rules may—\nconfer a function or power on the dispute resolution body, when making the access determination, to vary the applicable access arrangement; and\nspecify the matters that the dispute resolution body must address in making the access determination; and\nspecify the kinds of variations that may be made to the applicable access arrangement; and\nspecify the content of the access determination.\ns 166 sub 2022 No. 21 (SA) s 75\n(sec.166-ssec.1) This section applies in relation to an access determination for a scheme pipeline access dispute that requires— a service provider to install or construct a new facility to expand the capacity of the access dispute pipeline; and the user or prospective user who is a party to the access dispute to contribute some or all of the capital to fund the installation or construction of the new facility.\n(sec.166-ssec.2) Without limiting section 74 , the Rules may— confer a function or power on the dispute resolution body, when making the access determination, to vary the applicable access arrangement; and specify the matters that the dispute resolution body must address in making the access determination; and specify the kinds of variations that may be made to the applicable access arrangement; and specify the content of the access determination.\n- (a) a service provider to install or construct a new facility to expand the capacity of the access dispute pipeline; and\n- (b) the user or prospective user who is a party to the access dispute to contribute some or all of the capital to fund the installation or construction of the new facility.\n- (a) confer a function or power on the dispute resolution body, when making the access determination, to vary the applicable access arrangement; and\n- (b) specify the matters that the dispute resolution body must address in making the access determination; and\n- (c) specify the kinds of variations that may be made to the applicable access arrangement; and\n- (d) specify the content of the access determination.","sortOrder":456},{"sectionNumber":"ch.5-pt.6","sectionType":"part","heading":"Variation of access determinations","content":"# Variation of access determinations","sortOrder":457},{"sectionNumber":"sec.167","sectionType":"section","heading":"Variation of access determination—scheme pipeline disputes","content":"### sec.167 Variation of access determination—scheme pipeline disputes\n\nThis section applies in relation to an access determination for a scheme pipeline access dispute.\nThe dispute resolution body may vary the access determination on the application of any party to the determination, but cannot vary the final determination if any other party objects.\nIf the parties cannot agree on a variation, a new access dispute can be notified under section 152 .\nSection 163 applies to a variation under this section as if—\nan access dispute arising out of the access determination had been notified when the application was made to the dispute resolution body for the variation of the determination; and\nthe variation were the making of an access determination in the terms of the varied determination.\ns 167 sub 2022 No. 21 (SA) s 75\n(sec.167-ssec.1) This section applies in relation to an access determination for a scheme pipeline access dispute.\n(sec.167-ssec.2) The dispute resolution body may vary the access determination on the application of any party to the determination, but cannot vary the final determination if any other party objects. If the parties cannot agree on a variation, a new access dispute can be notified under section 152 .\n(sec.167-ssec.3) Section 163 applies to a variation under this section as if— an access dispute arising out of the access determination had been notified when the application was made to the dispute resolution body for the variation of the determination; and the variation were the making of an access determination in the terms of the varied determination.\n- (a) an access dispute arising out of the access determination had been notified when the application was made to the dispute resolution body for the variation of the determination; and\n- (b) the variation were the making of an access determination in the terms of the varied determination.","sortOrder":458},{"sectionNumber":"sec.168","sectionType":"section","heading":"Variation of access determination—non-scheme pipeline disputes","content":"### sec.168 Variation of access determination—non-scheme pipeline disputes\n\nThis section applies in relation to an access determination for a non-scheme pipeline access dispute.\nThe access determination may be varied by agreement between all parties to the access determination.\nThe Rules may also contain provisions with respect to seeking variations to an access determination.\nThe provisions of this Chapter about the arbitration of an access dispute apply with necessary modifications to a proposal under the Rules to vary an access determination or to a dispute arising out of such a proposal.\ns 168 sub 2022 No. 21 (SA) s 75\n(sec.168-ssec.1) This section applies in relation to an access determination for a non-scheme pipeline access dispute.\n(sec.168-ssec.2) The access determination may be varied by agreement between all parties to the access determination.\n(sec.168-ssec.3) The Rules may also contain provisions with respect to seeking variations to an access determination.\n(sec.168-ssec.4) The provisions of this Chapter about the arbitration of an access dispute apply with necessary modifications to a proposal under the Rules to vary an access determination or to a dispute arising out of such a proposal.","sortOrder":459},{"sectionNumber":"ch.5-pt.7","sectionType":"part","heading":"Termination of access dispute","content":"# Termination of access dispute","sortOrder":460},{"sectionNumber":"sec.169","sectionType":"section","heading":"Relevant adjudicator may terminate access dispute in particular circumstances","content":"### sec.169 Relevant adjudicator may terminate access dispute in particular circumstances\n\nThe relevant adjudicator for an access dispute may at any time terminate the access dispute (without making an access determination) if—\nthe notice of dispute given under section 152 is withdrawn; or\nthe relevant adjudicator considers that—\nthe pipeline service the subject of the access dispute could be provided on a genuinely competitive basis by a person other than the service provider or an associate of the service provider; or\nthe notice of the access dispute was vexatious; or\nthe subject matter of the dispute is trivial, misconceived or lacking in substance; or\nthe party who notified the access dispute did not negotiate in good faith; or\na specified dispute termination circumstance has occurred; or\nthere is some other good reason why the dispute should be terminated.\nSubject to section 163 , the relevant adjudicator for an access dispute may also terminate the access dispute (without making an access determination) if the relevant adjudicator considers that the aspect of access about which there is a dispute is expressly or impliedly dealt with under a contract between the user or prospective user and the service provider.\nFurthermore, a relevant adjudicator who is an arbitrator for a non-scheme pipeline access dispute may terminate an arbitration (without making an access determination) if the arbitrator considers that the user or prospective user seeking access is not engaging in the arbitration in good faith.\nIn this section—\nspecified dispute termination circumstance means a circumstance specified by the Rules as being a circumstance, the occurrence of which, entitles the relevant adjudicator for an access dispute to terminate the access dispute (without making an access determination).\ns 169 sub 2022 No. 21 (SA) s 75\n(sec.169-ssec.1) The relevant adjudicator for an access dispute may at any time terminate the access dispute (without making an access determination) if— the notice of dispute given under section 152 is withdrawn; or the relevant adjudicator considers that— the pipeline service the subject of the access dispute could be provided on a genuinely competitive basis by a person other than the service provider or an associate of the service provider; or the notice of the access dispute was vexatious; or the subject matter of the dispute is trivial, misconceived or lacking in substance; or the party who notified the access dispute did not negotiate in good faith; or a specified dispute termination circumstance has occurred; or there is some other good reason why the dispute should be terminated.\n(sec.169-ssec.2) Subject to section 163 , the relevant adjudicator for an access dispute may also terminate the access dispute (without making an access determination) if the relevant adjudicator considers that the aspect of access about which there is a dispute is expressly or impliedly dealt with under a contract between the user or prospective user and the service provider.\n(sec.169-ssec.3) Furthermore, a relevant adjudicator who is an arbitrator for a non-scheme pipeline access dispute may terminate an arbitration (without making an access determination) if the arbitrator considers that the user or prospective user seeking access is not engaging in the arbitration in good faith.\n(sec.169-ssec.4) In this section— specified dispute termination circumstance means a circumstance specified by the Rules as being a circumstance, the occurrence of which, entitles the relevant adjudicator for an access dispute to terminate the access dispute (without making an access determination).\n- (a) the notice of dispute given under section 152 is withdrawn; or\n- (b) the relevant adjudicator considers that— (i) the pipeline service the subject of the access dispute could be provided on a genuinely competitive basis by a person other than the service provider or an associate of the service provider; or (ii) the notice of the access dispute was vexatious; or (iii) the subject matter of the dispute is trivial, misconceived or lacking in substance; or (iv) the party who notified the access dispute did not negotiate in good faith; or (v) a specified dispute termination circumstance has occurred; or (vi) there is some other good reason why the dispute should be terminated.\n- (i) the pipeline service the subject of the access dispute could be provided on a genuinely competitive basis by a person other than the service provider or an associate of the service provider; or\n- (ii) the notice of the access dispute was vexatious; or\n- (iii) the subject matter of the dispute is trivial, misconceived or lacking in substance; or\n- (iv) the party who notified the access dispute did not negotiate in good faith; or\n- (v) a specified dispute termination circumstance has occurred; or\n- (vi) there is some other good reason why the dispute should be terminated.\n- (i) the pipeline service the subject of the access dispute could be provided on a genuinely competitive basis by a person other than the service provider or an associate of the service provider; or\n- (ii) the notice of the access dispute was vexatious; or\n- (iii) the subject matter of the dispute is trivial, misconceived or lacking in substance; or\n- (iv) the party who notified the access dispute did not negotiate in good faith; or\n- (v) a specified dispute termination circumstance has occurred; or\n- (vi) there is some other good reason why the dispute should be terminated.","sortOrder":461},{"sectionNumber":"ch.5-pt.8","sectionType":"part","heading":"Compliance with access determinations","content":"# Compliance with access determinations","sortOrder":462},{"sectionNumber":"sec.170","sectionType":"section","heading":"Compliance with access determination","content":"### sec.170 Compliance with access determination\n\nSubject to the Rules and subsection (2) —\na party to a scheme pipeline access dispute in respect of which an access determination is made must comply with the access determination; and\nan access determination in relation to a non-scheme pipeline is enforceable as if it were a contract between the parties to the access determination.\nSee also Chapter 8 Part 6 in relation to the enforcement of access determinations.\nA user or prospective user of a pipeline service to which an access determination relates is not bound to seek access to the service.\nHowever, if a user or prospective user of a pipeline service seeks or obtains access, the user or prospective user is bound by any relevant provision of the access determination.\ns 170 sub 2022 No. 21 (SA) s 75\n(sec.170-ssec.1) Subject to the Rules and subsection (2) — a party to a scheme pipeline access dispute in respect of which an access determination is made must comply with the access determination; and an access determination in relation to a non-scheme pipeline is enforceable as if it were a contract between the parties to the access determination. See also Chapter 8 Part 6 in relation to the enforcement of access determinations.\n(sec.170-ssec.2) A user or prospective user of a pipeline service to which an access determination relates is not bound to seek access to the service.\n(sec.170-ssec.3) However, if a user or prospective user of a pipeline service seeks or obtains access, the user or prospective user is bound by any relevant provision of the access determination.\n- (a) a party to a scheme pipeline access dispute in respect of which an access determination is made must comply with the access determination; and\n- (b) an access determination in relation to a non-scheme pipeline is enforceable as if it were a contract between the parties to the access determination.","sortOrder":463},{"sectionNumber":"sec.171","sectionType":"section","heading":"Subsequent service providers bound by access determinations","content":"### sec.171 Subsequent service providers bound by access determinations\n\nAn access determination applies to every subsequent service provider as if that subsequent service provider were a party to the access dispute in respect of which the access determination was made.\nIn this section—\nsubsequent service provider means a service provider (other than the service provider to whom the access determination applies) who provides pipeline services—\nthe subject of the access dispute; and\nin respect of which the access determination was made.\ns 171 sub 2022 No. 21 (SA) s 75\n(sec.171-ssec.1) An access determination applies to every subsequent service provider as if that subsequent service provider were a party to the access dispute in respect of which the access determination was made.\n(sec.171-ssec.2) In this section— subsequent service provider means a service provider (other than the service provider to whom the access determination applies) who provides pipeline services— the subject of the access dispute; and in respect of which the access determination was made.\n- (a) the subject of the access dispute; and\n- (b) in respect of which the access determination was made.","sortOrder":464},{"sectionNumber":"ch.5-pt.9","sectionType":"part","heading":"Access dispute hearing procedure","content":"# Access dispute hearing procedure","sortOrder":465},{"sectionNumber":"sec.172","sectionType":"section","heading":"Part applies subject to any modifications prescribed by the Regulations","content":"### sec.172 Part applies subject to any modifications prescribed by the Regulations\n\nThis Part applies subject to any modifications prescribed by the Regulations.\ns 172 sub 2022 No. 21 (SA) s 75","sortOrder":466},{"sectionNumber":"sec.173","sectionType":"section","heading":"Fast track resolution process—scheme pipeline access disputes","content":"### sec.173 Fast track resolution process—scheme pipeline access disputes\n\nA scheme pipeline access dispute may be dealt with in accordance with a fast track resolution process under the Rules in the circumstances provided for in the Rules.\ns 173 sub 2022 No. 21 (SA) s 75","sortOrder":467},{"sectionNumber":"sec.174","sectionType":"section","heading":"Hearing to be in private","content":"### sec.174 Hearing to be in private\n\nA dispute hearing is to be in private.\nHowever, if the parties agree, a dispute hearing or part of a dispute hearing may be conducted in public.\nThe relevant adjudicator for an access dispute the subject of the dispute hearing may give written directions as to the persons who may be present at a dispute hearing that is conducted in private.\nIn giving directions under subsection (3) , the relevant adjudicator must have regard to the wishes of the parties and the need for commercial confidentiality.\ns 174 sub 2022 No. 21 (SA) s 75\n(sec.174-ssec.1) A dispute hearing is to be in private.\n(sec.174-ssec.2) However, if the parties agree, a dispute hearing or part of a dispute hearing may be conducted in public.\n(sec.174-ssec.3) The relevant adjudicator for an access dispute the subject of the dispute hearing may give written directions as to the persons who may be present at a dispute hearing that is conducted in private.\n(sec.174-ssec.4) In giving directions under subsection (3) , the relevant adjudicator must have regard to the wishes of the parties and the need for commercial confidentiality.","sortOrder":468},{"sectionNumber":"sec.175","sectionType":"section","heading":"Right to representation","content":"### sec.175 Right to representation\n\nIn a dispute hearing, a party may appear in person or be represented by another person.\ns 175 sub 2022 No. 21 (SA) s 75","sortOrder":469},{"sectionNumber":"sec.176","sectionType":"section","heading":"Procedure of relevant adjudicator","content":"### sec.176 Procedure of relevant adjudicator\n\nIn a dispute hearing the relevant adjudicator for an access dispute—\nis not bound by technicalities, legal forms or rules of evidence; and\nmust act as speedily as a proper consideration of the access dispute allows, having regard to the need to carefully and quickly inquire into and investigate the access dispute and all matters affecting the merits, and fair settlement, of the access dispute; and\nmay inform itself about any matter relevant to the access dispute in any way it thinks appropriate.\nThe relevant adjudicator may determine the periods that are reasonably necessary for the fair and adequate presentation of the respective cases of the parties in the dispute hearing, and may require that the cases be presented within those periods.\nThe relevant adjudicator may require evidence or argument to be presented in writing, and may decide the matters on which the relevant adjudicator will hear oral evidence or argument.\nThe relevant adjudicator may determine that a dispute hearing is to be conducted by—\ntelephone; or\nclosed circuit television; or\nany other means of communication.\nThe Rules may make further provision about the procedure for the conduct of dispute hearings.\ns 176 sub 2022 No. 21 (SA) s 75\n(sec.176-ssec.1) In a dispute hearing the relevant adjudicator for an access dispute— is not bound by technicalities, legal forms or rules of evidence; and must act as speedily as a proper consideration of the access dispute allows, having regard to the need to carefully and quickly inquire into and investigate the access dispute and all matters affecting the merits, and fair settlement, of the access dispute; and may inform itself about any matter relevant to the access dispute in any way it thinks appropriate.\n(sec.176-ssec.2) The relevant adjudicator may determine the periods that are reasonably necessary for the fair and adequate presentation of the respective cases of the parties in the dispute hearing, and may require that the cases be presented within those periods.\n(sec.176-ssec.3) The relevant adjudicator may require evidence or argument to be presented in writing, and may decide the matters on which the relevant adjudicator will hear oral evidence or argument.\n(sec.176-ssec.4) The relevant adjudicator may determine that a dispute hearing is to be conducted by— telephone; or closed circuit television; or any other means of communication.\n(sec.176-ssec.5) The Rules may make further provision about the procedure for the conduct of dispute hearings.\n- (a) is not bound by technicalities, legal forms or rules of evidence; and\n- (b) must act as speedily as a proper consideration of the access dispute allows, having regard to the need to carefully and quickly inquire into and investigate the access dispute and all matters affecting the merits, and fair settlement, of the access dispute; and\n- (c) may inform itself about any matter relevant to the access dispute in any way it thinks appropriate.\n- (a) telephone; or\n- (b) closed circuit television; or\n- (c) any other means of communication.","sortOrder":470},{"sectionNumber":"sec.177","sectionType":"section","heading":"Particular powers of relevant adjudicator in a hearing","content":"### sec.177 Particular powers of relevant adjudicator in a hearing\n\nThe relevant adjudicator for an access dispute may do any of the following things for the purpose of determining the access dispute:\ngive a direction in the course of, or for the purpose of, a dispute hearing;\nhear and determine the access dispute in the absence of a party who has been given notice of the dispute hearing;\nsit at any place;\nadjourn to any time and place;\nrefer any matter to an independent expert and accept the expert’s report as evidence.\nThe relevant adjudicator may make an interim determination.\ns 177 sub 2022 No. 21 (SA) s 75\n(sec.177-ssec.1) The relevant adjudicator for an access dispute may do any of the following things for the purpose of determining the access dispute: give a direction in the course of, or for the purpose of, a dispute hearing; hear and determine the access dispute in the absence of a party who has been given notice of the dispute hearing; sit at any place; adjourn to any time and place; refer any matter to an independent expert and accept the expert’s report as evidence.\n(sec.177-ssec.2) The relevant adjudicator may make an interim determination.\n- (a) give a direction in the course of, or for the purpose of, a dispute hearing;\n- (b) hear and determine the access dispute in the absence of a party who has been given notice of the dispute hearing;\n- (c) sit at any place;\n- (d) adjourn to any time and place;\n- (e) refer any matter to an independent expert and accept the expert’s report as evidence.","sortOrder":471},{"sectionNumber":"sec.178","sectionType":"section","heading":"Role of a dispute resolution expert","content":"### sec.178 Role of a dispute resolution expert\n\nThis section applies if, for the purpose of determining an access dispute, a matter is referred to an independent expert under section 177 (1) (e) .\nThe expert is to be appointed on terms and conditions determined by the relevant adjudicator for the access dispute.\nThe expert must report to the relevant adjudicator in accordance with the requirements of the relevant adjudicator.\nThe independent expert must—\nhave knowledge and experience that is relevant to the matter; and\nnot have any material direct or indirect interest or association that compromises, or is likely to compromise, the impartiality of the expert; and\ndisclose to the relevant adjudicator any material or indirect interest or association that compromises, or would reasonably be seen to compromise, the impartiality of the expert.\ns 178 sub 2022 No. 21 (SA) s 75\n(sec.178-ssec.1) This section applies if, for the purpose of determining an access dispute, a matter is referred to an independent expert under section 177 (1) (e) .\n(sec.178-ssec.2) The expert is to be appointed on terms and conditions determined by the relevant adjudicator for the access dispute.\n(sec.178-ssec.3) The expert must report to the relevant adjudicator in accordance with the requirements of the relevant adjudicator.\n(sec.178-ssec.4) The independent expert must— have knowledge and experience that is relevant to the matter; and not have any material direct or indirect interest or association that compromises, or is likely to compromise, the impartiality of the expert; and disclose to the relevant adjudicator any material or indirect interest or association that compromises, or would reasonably be seen to compromise, the impartiality of the expert.\n- (a) have knowledge and experience that is relevant to the matter; and\n- (b) not have any material direct or indirect interest or association that compromises, or is likely to compromise, the impartiality of the expert; and\n- (c) disclose to the relevant adjudicator any material or indirect interest or association that compromises, or would reasonably be seen to compromise, the impartiality of the expert.","sortOrder":472},{"sectionNumber":"sec.178A","sectionType":"section","heading":null,"content":"### Section sec.178A\n\ns 178A ins 2011 No. 7 (SA) s 61\nom 2022 No. 21 (SA) s 75","sortOrder":473},{"sectionNumber":"sec.179","sectionType":"section","heading":"Disclosure of information","content":"### sec.179 Disclosure of information\n\nThe relevant adjudicator for an access dispute may give an oral or written order to a person not to divulge or communicate to anyone else specified information that was given to the person in the course of the access dispute unless the person has the relevant adjudicator’s permission.\nA person must not, without reasonable excuse, refuse or fail to comply with an order under subsection (1) .\nMaximum penalty:\nin the case of a natural person—$3 400;\nin the case of a body corporate—$17 000.\nSee Schedule 2 clause 47B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.\ns 179 sub 2022 No. 21 (SA) s 75\n(sec.179-ssec.1) The relevant adjudicator for an access dispute may give an oral or written order to a person not to divulge or communicate to anyone else specified information that was given to the person in the course of the access dispute unless the person has the relevant adjudicator’s permission.\n(sec.179-ssec.2) A person must not, without reasonable excuse, refuse or fail to comply with an order under subsection (1) . Maximum penalty: in the case of a natural person—$3 400; in the case of a body corporate—$17 000. See Schedule 2 clause 47B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.\n- (a) in the case of a natural person—$3 400;\n- (b) in the case of a body corporate—$17 000.","sortOrder":474},{"sectionNumber":"sec.180","sectionType":"section","heading":"Power to take evidence on oath or affirmation","content":"### sec.180 Power to take evidence on oath or affirmation\n\nThe relevant adjudicator for an access dispute may take evidence on oath or affirmation and for that purpose the relevant adjudicator may administer an oath or affirmation.\nThe relevant adjudicator may summon a person to appear before the relevant adjudicator to—\ngive evidence; or\nproduce such documents (if any) as are referred to in the summons; or\ngive evidence and produce such documents (if any) as are referred to in the summons.\nThe powers in this section may be exercised only for the purposes of hearing and determining the access dispute.\ns 180 sub 2022 No. 21 (SA) s 75\n(sec.180-ssec.1) The relevant adjudicator for an access dispute may take evidence on oath or affirmation and for that purpose the relevant adjudicator may administer an oath or affirmation.\n(sec.180-ssec.2) The relevant adjudicator may summon a person to appear before the relevant adjudicator to— give evidence; or produce such documents (if any) as are referred to in the summons; or give evidence and produce such documents (if any) as are referred to in the summons.\n(sec.180-ssec.3) The powers in this section may be exercised only for the purposes of hearing and determining the access dispute.\n- (a) give evidence; or\n- (b) produce such documents (if any) as are referred to in the summons; or\n- (c) give evidence and produce such documents (if any) as are referred to in the summons.","sortOrder":475},{"sectionNumber":"sec.181","sectionType":"section","heading":"Failing to attend as a witness","content":"### sec.181 Failing to attend as a witness\n\nA person who is served, as prescribed by the Regulations, with a summons to appear as a witness at a dispute hearing before the relevant adjudicator for an access dispute must not, without reasonable excuse—\nfail to attend as required by the summons; or\nfail to appear and report from day to day unless excused, or released from further attendance, by the relevant adjudicator.\nMaximum penalty: $6 300.\nSee Schedule 2 clause 47B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.\ns 181 sub 2022 No. 21 (SA) s 75\n- (a) fail to attend as required by the summons; or\n- (b) fail to appear and report from day to day unless excused, or released from further attendance, by the relevant adjudicator.","sortOrder":476},{"sectionNumber":"sec.182","sectionType":"section","heading":"Failing to answer questions etc","content":"### sec.182 Failing to answer questions etc\n\nA person appearing at a dispute hearing as a witness before the relevant adjudicator for an access dispute the subject of the dispute hearing must not, without reasonable excuse—\nrefuse or fail to be sworn or to make an affirmation; or\nrefuse or fail to answer a question that the person is required to answer by the relevant adjudicator; or\nrefuse or fail to produce a document that the person is required to produce by a summons under this Chapter served on the person as prescribed by the Regulations.\nMaximum penalty: $6 300.\nSee Schedule 2 clause 47B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.\nIt is a reasonable excuse for the purposes of subsection (1) for a natural person to refuse or fail to answer a question or produce a document on the ground that the answer or the production of the document might—\ntend to incriminate the person; or\nexpose the person to a criminal penalty.\nSubsection (2) does not limit what is a reasonable excuse for the purposes of subsection (1) .\ns 182 sub 2022 No. 21 (SA) s 75\n(sec.182-ssec.1) A person appearing at a dispute hearing as a witness before the relevant adjudicator for an access dispute the subject of the dispute hearing must not, without reasonable excuse— refuse or fail to be sworn or to make an affirmation; or refuse or fail to answer a question that the person is required to answer by the relevant adjudicator; or refuse or fail to produce a document that the person is required to produce by a summons under this Chapter served on the person as prescribed by the Regulations. Maximum penalty: $6 300. See Schedule 2 clause 47B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.\n(sec.182-ssec.2) It is a reasonable excuse for the purposes of subsection (1) for a natural person to refuse or fail to answer a question or produce a document on the ground that the answer or the production of the document might— tend to incriminate the person; or expose the person to a criminal penalty.\n(sec.182-ssec.3) Subsection (2) does not limit what is a reasonable excuse for the purposes of subsection (1) .\n- (a) refuse or fail to be sworn or to make an affirmation; or\n- (b) refuse or fail to answer a question that the person is required to answer by the relevant adjudicator; or\n- (c) refuse or fail to produce a document that the person is required to produce by a summons under this Chapter served on the person as prescribed by the Regulations.\n- (a) tend to incriminate the person; or\n- (b) expose the person to a criminal penalty.","sortOrder":477},{"sectionNumber":"sec.183","sectionType":"section","heading":"Intimidation etc","content":"### sec.183 Intimidation etc\n\nA person must not—\nthreaten, intimidate or coerce another person; or\ncause or procure damage, loss or disadvantage to another person,\nbecause that other person—\nproposes to produce, or has produced, documents to the relevant adjudicator for a dispute hearing; or\nproposes to appear, or has appeared, as a witness before the relevant adjudicator for a dispute hearing.\nMaximum penalty: $6 300.\nSee Schedule 2 clause 47B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.\ns 183 sub 2022 No. 21 (SA) s 75\n- (a) threaten, intimidate or coerce another person; or\n- (b) cause or procure damage, loss or disadvantage to another person,\n- (c) proposes to produce, or has produced, documents to the relevant adjudicator for a dispute hearing; or\n- (d) proposes to appear, or has appeared, as a witness before the relevant adjudicator for a dispute hearing.","sortOrder":478},{"sectionNumber":"sec.184","sectionType":"section","heading":"Particular powers of a relevant adjudicator in a hearing","content":"### sec.184 Particular powers of a relevant adjudicator in a hearing\n\nA party in a dispute hearing may—\ninform the relevant adjudicator for an access dispute the subject of the dispute hearing that, in the party’s opinion, a specified part of a document contains confidential information (the relevant part of the document ); and\nrequest the relevant adjudicator not to give a copy of the relevant part of the document to another party.\nOn receiving a request, the relevant adjudicator must—\ninform the other party or parties that the request has been made and of the general nature of the matters to which the relevant part of the document relates; and\nask the other party or parties whether there is any objection to the relevant adjudicator complying with the request.\nIf there is an objection to the relevant adjudicator complying with the request, the party objecting may inform the relevant adjudicator of the objection and of the reasons for it.\nThe relevant adjudicator must consider—\na request; and\nany objection; and\nany further submissions that any party has made in relation to the request.\nAfter considering the matters mentioned in subsection (4) , the relevant adjudicator may decide—\nnot to give the other party or parties a copy of any part of the relevant part of the document that the relevant adjudicator thinks should not be given; or\nto give the other party or another specified party a copy of the whole, or part, of the relevant part of the document subject to —\na condition that the party give an undertaking not to disclose the information contained in the relevant part of the document to another person except to the extent specified by the relevant adjudicator; and\nany other condition the relevant adjudicator considers appropriate.\ns 184 sub 2022 No. 21 (SA) s 75\n(sec.184-ssec.1) A party in a dispute hearing may— inform the relevant adjudicator for an access dispute the subject of the dispute hearing that, in the party’s opinion, a specified part of a document contains confidential information (the relevant part of the document ); and request the relevant adjudicator not to give a copy of the relevant part of the document to another party.\n(sec.184-ssec.2) On receiving a request, the relevant adjudicator must— inform the other party or parties that the request has been made and of the general nature of the matters to which the relevant part of the document relates; and ask the other party or parties whether there is any objection to the relevant adjudicator complying with the request.\n(sec.184-ssec.3) If there is an objection to the relevant adjudicator complying with the request, the party objecting may inform the relevant adjudicator of the objection and of the reasons for it.\n(sec.184-ssec.4) The relevant adjudicator must consider— a request; and any objection; and any further submissions that any party has made in relation to the request.\n(sec.184-ssec.5) After considering the matters mentioned in subsection (4) , the relevant adjudicator may decide— not to give the other party or parties a copy of any part of the relevant part of the document that the relevant adjudicator thinks should not be given; or to give the other party or another specified party a copy of the whole, or part, of the relevant part of the document subject to — a condition that the party give an undertaking not to disclose the information contained in the relevant part of the document to another person except to the extent specified by the relevant adjudicator; and any other condition the relevant adjudicator considers appropriate.\n- (a) inform the relevant adjudicator for an access dispute the subject of the dispute hearing that, in the party’s opinion, a specified part of a document contains confidential information (the relevant part of the document ); and\n- (b) request the relevant adjudicator not to give a copy of the relevant part of the document to another party.\n- (a) inform the other party or parties that the request has been made and of the general nature of the matters to which the relevant part of the document relates; and\n- (b) ask the other party or parties whether there is any objection to the relevant adjudicator complying with the request.\n- (a) a request; and\n- (b) any objection; and\n- (c) any further submissions that any party has made in relation to the request.\n- (a) not to give the other party or parties a copy of any part of the relevant part of the document that the relevant adjudicator thinks should not be given; or\n- (b) to give the other party or another specified party a copy of the whole, or part, of the relevant part of the document subject to — (i) a condition that the party give an undertaking not to disclose the information contained in the relevant part of the document to another person except to the extent specified by the relevant adjudicator; and (ii) any other condition the relevant adjudicator considers appropriate.\n- (i) a condition that the party give an undertaking not to disclose the information contained in the relevant part of the document to another person except to the extent specified by the relevant adjudicator; and\n- (ii) any other condition the relevant adjudicator considers appropriate.\n- (i) a condition that the party give an undertaking not to disclose the information contained in the relevant part of the document to another person except to the extent specified by the relevant adjudicator; and\n- (ii) any other condition the relevant adjudicator considers appropriate.","sortOrder":479},{"sectionNumber":"ch.5-pt.10","sectionType":"part","heading":"Costs","content":"# Costs","sortOrder":480},{"sectionNumber":"ch.5-pt.10-div.1","sectionType":"division","heading":"Scheme pipeline access disputes","content":"## Scheme pipeline access disputes","sortOrder":481},{"sectionNumber":"sec.185","sectionType":"section","heading":"Costs—scheme pipeline access disputes","content":"### sec.185 Costs—scheme pipeline access disputes\n\nEach party to a scheme pipeline access dispute is to bear its own costs in a dispute hearing except to the extent that an order under this section specifies otherwise.\nAt any time, the dispute resolution body may order that a party (other than a small shipper) pay all or a specified part of the costs of another party in a dispute hearing.\nThe dispute resolution body may make an order under subsection (2) only if satisfied that it is fair to do so, having regard to—\nwhether a party has conducted the dispute hearing in a way that unnecessarily disadvantaged another party by conduct such as—\nfailing to comply with an order or direction of the dispute resolution body without reasonable excuse; or\nfailing to comply with this Law, the Regulations or the Rules; or\nasking for an adjournment as a result of subparagraph (i) or (ii) ; or\ncausing an adjournment; or\nattempting to deceive another party or the dispute resolution body; or\nvexatiously conducting an access dispute; and\nwhether a party has been responsible for prolonging unreasonably the time taken to complete the dispute hearing; and\nthe relative strengths of the claims made by each of the parties, including whether a party has made a claim that has no tenable basis in fact or law; and\nthe nature and complexity of the access dispute; and\nany other matter the dispute resolution body considers relevant.\nA party to whom an order made under subsection (2) is directed must comply with the order.\nIf the dispute resolution body considers that the representative of a party, rather than the party, is responsible for conduct described in subsection (3) (a) or (b) , the dispute resolution body may order that the representative in the representative’s own capacity compensate another party for any costs incurred unnecessarily.\nBefore making an order under subsection (5) , the dispute resolution body must give the representative a reasonable opportunity to be heard.\nA representative of a party to whom an order made under subsection (5) is directed must comply with the order.\nIf the dispute resolution body makes an order for costs before the end of an access dispute, the dispute resolution body may require that the order be complied with before it continues with the proceeding.\nIf the dispute resolution body makes an order for costs, the dispute resolution body may fix the amount of costs itself.\nThis section applies to costs incurred by the parties in a dispute hearing even if the notice of the access dispute to which the dispute hearing relates is withdrawn.\ns 185 sub 2022 No. 21 (SA) s 75\n(sec.185-ssec.1) Each party to a scheme pipeline access dispute is to bear its own costs in a dispute hearing except to the extent that an order under this section specifies otherwise.\n(sec.185-ssec.2) At any time, the dispute resolution body may order that a party (other than a small shipper) pay all or a specified part of the costs of another party in a dispute hearing.\n(sec.185-ssec.3) The dispute resolution body may make an order under subsection (2) only if satisfied that it is fair to do so, having regard to— whether a party has conducted the dispute hearing in a way that unnecessarily disadvantaged another party by conduct such as— failing to comply with an order or direction of the dispute resolution body without reasonable excuse; or failing to comply with this Law, the Regulations or the Rules; or asking for an adjournment as a result of subparagraph (i) or (ii) ; or causing an adjournment; or attempting to deceive another party or the dispute resolution body; or vexatiously conducting an access dispute; and whether a party has been responsible for prolonging unreasonably the time taken to complete the dispute hearing; and the relative strengths of the claims made by each of the parties, including whether a party has made a claim that has no tenable basis in fact or law; and the nature and complexity of the access dispute; and any other matter the dispute resolution body considers relevant.\n(sec.185-ssec.4) A party to whom an order made under subsection (2) is directed must comply with the order.\n(sec.185-ssec.5) If the dispute resolution body considers that the representative of a party, rather than the party, is responsible for conduct described in subsection (3) (a) or (b) , the dispute resolution body may order that the representative in the representative’s own capacity compensate another party for any costs incurred unnecessarily.\n(sec.185-ssec.6) Before making an order under subsection (5) , the dispute resolution body must give the representative a reasonable opportunity to be heard.\n(sec.185-ssec.7) A representative of a party to whom an order made under subsection (5) is directed must comply with the order.\n(sec.185-ssec.8) If the dispute resolution body makes an order for costs before the end of an access dispute, the dispute resolution body may require that the order be complied with before it continues with the proceeding.\n(sec.185-ssec.9) If the dispute resolution body makes an order for costs, the dispute resolution body may fix the amount of costs itself.\n(sec.185-ssec.10) This section applies to costs incurred by the parties in a dispute hearing even if the notice of the access dispute to which the dispute hearing relates is withdrawn.\n- (a) whether a party has conducted the dispute hearing in a way that unnecessarily disadvantaged another party by conduct such as— (i) failing to comply with an order or direction of the dispute resolution body without reasonable excuse; or (ii) failing to comply with this Law, the Regulations or the Rules; or (iii) asking for an adjournment as a result of subparagraph (i) or (ii) ; or (iv) causing an adjournment; or (v) attempting to deceive another party or the dispute resolution body; or (vi) vexatiously conducting an access dispute; and\n- (i) failing to comply with an order or direction of the dispute resolution body without reasonable excuse; or\n- (ii) failing to comply with this Law, the Regulations or the Rules; or\n- (iii) asking for an adjournment as a result of subparagraph (i) or (ii) ; or\n- (iv) causing an adjournment; or\n- (v) attempting to deceive another party or the dispute resolution body; or\n- (vi) vexatiously conducting an access dispute; and\n- (b) whether a party has been responsible for prolonging unreasonably the time taken to complete the dispute hearing; and\n- (c) the relative strengths of the claims made by each of the parties, including whether a party has made a claim that has no tenable basis in fact or law; and\n- (d) the nature and complexity of the access dispute; and\n- (e) any other matter the dispute resolution body considers relevant.\n- (i) failing to comply with an order or direction of the dispute resolution body without reasonable excuse; or\n- (ii) failing to comply with this Law, the Regulations or the Rules; or\n- (iii) asking for an adjournment as a result of subparagraph (i) or (ii) ; or\n- (iv) causing an adjournment; or\n- (v) attempting to deceive another party or the dispute resolution body; or\n- (vi) vexatiously conducting an access dispute; and","sortOrder":482},{"sectionNumber":"sec.186","sectionType":"section","heading":"Outstanding costs are a debt due to party awarded the costs—scheme pipelines","content":"### sec.186 Outstanding costs are a debt due to party awarded the costs—scheme pipelines\n\nCosts that are payable under section 185 (4) or (7) —\nare a debt due to the party to whom the dispute resolution body has ordered that they be paid; and\nmay be recovered by that party in a court of competent jurisdiction.\ns 186 sub 2022 No. 21 (SA) s 75\n- (a) are a debt due to the party to whom the dispute resolution body has ordered that they be paid; and\n- (b) may be recovered by that party in a court of competent jurisdiction.","sortOrder":483},{"sectionNumber":"sec.187","sectionType":"section","heading":"Regulations about the costs to be paid by parties to access dispute—scheme pipelines","content":"### sec.187 Regulations about the costs to be paid by parties to access dispute—scheme pipelines\n\nThe Regulations may provide for the dispute resolution body to—\ncharge the parties to an access dispute for its costs in the access dispute; and\napportion those costs between the parties.\ns 187 sub 2022 No. 21 (SA) s 75\n- (a) charge the parties to an access dispute for its costs in the access dispute; and\n- (b) apportion those costs between the parties.","sortOrder":484},{"sectionNumber":"ch.5-pt.10-div.2","sectionType":"division","heading":"Non-scheme pipeline disputes","content":"## Non-scheme pipeline disputes","sortOrder":485},{"sectionNumber":"sec.188","sectionType":"section","heading":"Costs of arbitration of non-scheme pipeline disputes","content":"### sec.188 Costs of arbitration of non-scheme pipeline disputes\n\nThis section applies in relation to the parties to an arbitration of a non-scheme pipeline dispute conducted under this Chapter.\nDespite any other provision of this Chapter, the parties to the arbitration bear their own costs.\nThe costs of the arbitration (including costs associated with the arbitration process and the cost of the arbitrator) must be shared equally between the parties to the arbitration.\nThe Rules may make provision in relation to the costs of an arbitration conducted under this Chapter, including rules that provide for a different approach to allocating costs under subsection (3) in specified circumstances.\nCosts that are payable to the arbitrator under this section—\nare a debt due by the party to the arbitrator; and\nmay be recovered by the arbitrator in a court of competent jurisdiction.\ns 188 sub 2022 No. 21 (SA) s 75\n(sec.188-ssec.1) This section applies in relation to the parties to an arbitration of a non-scheme pipeline dispute conducted under this Chapter.\n(sec.188-ssec.2) Despite any other provision of this Chapter, the parties to the arbitration bear their own costs.\n(sec.188-ssec.3) The costs of the arbitration (including costs associated with the arbitration process and the cost of the arbitrator) must be shared equally between the parties to the arbitration.\n(sec.188-ssec.4) The Rules may make provision in relation to the costs of an arbitration conducted under this Chapter, including rules that provide for a different approach to allocating costs under subsection (3) in specified circumstances.\n(sec.188-ssec.5) Costs that are payable to the arbitrator under this section— are a debt due by the party to the arbitrator; and may be recovered by the arbitrator in a court of competent jurisdiction.\n- (a) are a debt due by the party to the arbitrator; and\n- (b) may be recovered by the arbitrator in a court of competent jurisdiction.","sortOrder":486},{"sectionNumber":"ch.5-pt.10-div.3","sectionType":"division","heading":"Mediation of access disputes involving small shippers","content":"## Mediation of access disputes involving small shippers","sortOrder":487},{"sectionNumber":"sec.189","sectionType":"section","heading":"Costs of mediation of access disputes involving small shippers","content":"### sec.189 Costs of mediation of access disputes involving small shippers\n\nThis section applies in relation to an access dispute involving small shippers that is referred to mediation under this Chapter.\nThe parties to the mediation bear their own costs.\nThe costs of the mediation (including costs associated with the mediation process and the cost of the mediator) must be shared equally between the parties to the mediation.\nSubsections (2) and (3) apply subject to any agreement between the parties to the access dispute about who will bear any costs (or a particular share of any costs) in the particular case.\nCosts that are payable to the mediator under this section—\nare a debt due by the party to the mediator; and\nmay be recovered by the mediator in a court of competent jurisdiction.\ns 189 sub 2022 No. 21 (SA) s 75\n(sec.189-ssec.1) This section applies in relation to an access dispute involving small shippers that is referred to mediation under this Chapter.\n(sec.189-ssec.2) The parties to the mediation bear their own costs.\n(sec.189-ssec.3) The costs of the mediation (including costs associated with the mediation process and the cost of the mediator) must be shared equally between the parties to the mediation.\n(sec.189-ssec.4) Subsections (2) and (3) apply subject to any agreement between the parties to the access dispute about who will bear any costs (or a particular share of any costs) in the particular case.\n(sec.189-ssec.5) Costs that are payable to the mediator under this section— are a debt due by the party to the mediator; and may be recovered by the mediator in a court of competent jurisdiction.\n- (a) are a debt due by the party to the mediator; and\n- (b) may be recovered by the mediator in a court of competent jurisdiction.","sortOrder":488},{"sectionNumber":"ch.5-pt.11","sectionType":"part","heading":"Joint access dispute hearings—scheme pipeline disputes","content":"# Joint access dispute hearings—scheme pipeline disputes","sortOrder":489},{"sectionNumber":"sec.190","sectionType":"section","heading":"Definition","content":"### sec.190 Definition\n\nIn this Part—\nnominated disputes has the meaning given by section 191 (2) .\ns 190 sub 2022 No. 21 (SA) s 75","sortOrder":490},{"sectionNumber":"sec.191","sectionType":"section","heading":"Joint dispute hearing","content":"### sec.191 Joint dispute hearing\n\nThis section applies if—\nthe dispute resolution body is conducting 2 or more dispute hearings in relation to scheme pipeline access disputes at a particular time; and\none or more matters are common to the access disputes in relation to which the dispute hearings are being conducted.\nThe dispute resolution body may, by notice in writing, decide that it will hold a joint dispute hearing in respect of such of those access disputes (the nominated disputes ) as are specified in the notice.\nThe dispute resolution body may do so only if it considers this would be likely to result in the nominated disputes being resolved in a more efficient and timely manner.\ns 191 sub 2022 No. 21 (SA) s 75\n(sec.191-ssec.1) This section applies if— the dispute resolution body is conducting 2 or more dispute hearings in relation to scheme pipeline access disputes at a particular time; and one or more matters are common to the access disputes in relation to which the dispute hearings are being conducted.\n(sec.191-ssec.2) The dispute resolution body may, by notice in writing, decide that it will hold a joint dispute hearing in respect of such of those access disputes (the nominated disputes ) as are specified in the notice.\n(sec.191-ssec.3) The dispute resolution body may do so only if it considers this would be likely to result in the nominated disputes being resolved in a more efficient and timely manner.\n- (a) the dispute resolution body is conducting 2 or more dispute hearings in relation to scheme pipeline access disputes at a particular time; and\n- (b) one or more matters are common to the access disputes in relation to which the dispute hearings are being conducted.","sortOrder":491},{"sectionNumber":"sec.192","sectionType":"section","heading":"Consulting the parties","content":"### sec.192 Consulting the parties\n\nBefore making a decision under section 191 (2) , the dispute resolution body must give each party to each of the nominated disputes a notice in writing—\nspecifying what the dispute resolution body is proposing to do; and\ninviting the party to make a written submission on the proposal to the dispute resolution body within 10 business days after the notice is given.\nThe dispute resolution body must have regard to any submission so made in deciding whether to do so.\nThe dispute resolution body may also have regard to any other matter it considers relevant.\ns 192 sub 2022 No. 21 (SA) s 75\n(sec.192-ssec.1) Before making a decision under section 191 (2) , the dispute resolution body must give each party to each of the nominated disputes a notice in writing— specifying what the dispute resolution body is proposing to do; and inviting the party to make a written submission on the proposal to the dispute resolution body within 10 business days after the notice is given.\n(sec.192-ssec.2) The dispute resolution body must have regard to any submission so made in deciding whether to do so.\n(sec.192-ssec.3) The dispute resolution body may also have regard to any other matter it considers relevant.\n- (a) specifying what the dispute resolution body is proposing to do; and\n- (b) inviting the party to make a written submission on the proposal to the dispute resolution body within 10 business days after the notice is given.","sortOrder":492},{"sectionNumber":"sec.193","sectionType":"section","heading":"Constitution and procedure of dispute resolution body for joint dispute hearings","content":"### sec.193 Constitution and procedure of dispute resolution body for joint dispute hearings\n\nPart 9 applies to the joint dispute hearing in a corresponding way to the way in which it applies to a particular dispute hearing.\ns 193 sub 2022 No. 21 (SA) s 75","sortOrder":493},{"sectionNumber":"sec.194","sectionType":"section","heading":"Record of proceedings etc","content":"### sec.194 Record of proceedings etc\n\nThe dispute resolution body as constituted for the purposes of the joint dispute hearing may have regard to any record of the proceedings of the dispute of any of the nominated disputes.\nThe dispute resolution body as constituted for the purposes of the dispute hearing of each of the nominated disputes may, for the purposes of making an access determination in relation to the access dispute to which that hearing relates—\nhave regard to any record of the proceedings of the joint dispute hearing; and\nadopt any findings of fact made by the dispute resolution body as constituted for the purposes of the joint dispute hearing.\ns 194 sub 2022 No. 21 (SA) s 75\n(sec.194-ssec.1) The dispute resolution body as constituted for the purposes of the joint dispute hearing may have regard to any record of the proceedings of the dispute of any of the nominated disputes.\n(sec.194-ssec.2) The dispute resolution body as constituted for the purposes of the dispute hearing of each of the nominated disputes may, for the purposes of making an access determination in relation to the access dispute to which that hearing relates— have regard to any record of the proceedings of the joint dispute hearing; and adopt any findings of fact made by the dispute resolution body as constituted for the purposes of the joint dispute hearing.\n- (a) have regard to any record of the proceedings of the joint dispute hearing; and\n- (b) adopt any findings of fact made by the dispute resolution body as constituted for the purposes of the joint dispute hearing.","sortOrder":494},{"sectionNumber":"ch.5-pt.12","sectionType":"part","heading":"Miscellaneous matters","content":"# Miscellaneous matters","sortOrder":495},{"sectionNumber":"sec.195","sectionType":"section","heading":"Correction of access determinations for clerical mistakes etc","content":"### sec.195 Correction of access determinations for clerical mistakes etc\n\nThis section applies if an access determination contains—\na clerical mistake; or\nan error arising from an accidental slip or omission; or\na material miscalculation of figures or a material mistake in the description of any person, thing or matter referred to in the determination; or\na defect in form.\nSubject to the Rules, the relevant adjudicator for the access dispute the subject of the dispute hearing may correct the determination.\ns 195 sub 2022 No. 21 (SA) s 75\n(sec.195-ssec.1) This section applies if an access determination contains— a clerical mistake; or an error arising from an accidental slip or omission; or a material miscalculation of figures or a material mistake in the description of any person, thing or matter referred to in the determination; or a defect in form.\n(sec.195-ssec.2) Subject to the Rules, the relevant adjudicator for the access dispute the subject of the dispute hearing may correct the determination.\n- (a) a clerical mistake; or\n- (b) an error arising from an accidental slip or omission; or\n- (c) a material miscalculation of figures or a material mistake in the description of any person, thing or matter referred to in the determination; or\n- (d) a defect in form.","sortOrder":496},{"sectionNumber":"sec.196","sectionType":"section","heading":"User’s existing capacity rights during an access dispute","content":"### sec.196 User’s existing capacity rights during an access dispute\n\nA service provider who is in an access dispute with a user must not, without the consent of the user, alter the rights that the user has to use the capacity of the pipeline during the period of the dispute.\ns 196 sub 2022 No. 21 (SA) s 75","sortOrder":497},{"sectionNumber":"ch.5A-pt.1","sectionType":"part","heading":"Information transparency","content":"# Information transparency","sortOrder":498},{"sectionNumber":"sec.197","sectionType":"section","heading":"Definitions","content":"### sec.197 Definitions\n\nIn this Part—\nfacility means the following:\na blend processing facility;\na compression service facility;\na storage facility;\na facility, other than a pipeline, prescribed by the Regulations for the purpose of this definition;\nprovider means the following:\na blend processing service provider;\na compression service provider;\na storage provider;\nthe owner, operator or controller of a facility prescribed for the purpose of paragraph (d) of the definition of facility .\ns 197 prev s 197 om 2022 No. 21 (SA) s 75\npres s 197 ins 2023 No. 36 (SA) s 52\n- (a) a blend processing facility;\n- (b) a compression service facility;\n- (c) a storage facility;\n- (d) a facility, other than a pipeline, prescribed by the Regulations for the purpose of this definition;\n- (a) a blend processing service provider;\n- (b) a compression service provider;\n- (c) a storage provider;\n- (d) the owner, operator or controller of a facility prescribed for the purpose of paragraph (d) of the definition of facility .","sortOrder":499},{"sectionNumber":"sec.198","sectionType":"section","heading":"Information and transparency requirements relating to facilities","content":"### sec.198 Information and transparency requirements relating to facilities\n\nWithout limiting any other provision, the Rules may provide for—\nthe collection, disclosure, verification, management and publication of information in relation to services that may be provided by means of a facility; and\nwithout limiting paragraph (a) , requirements about the information that must be provided by a provider in relation to access, or potential access, to services provided by means of a facility, including information about the following:\nthe terms and conditions on which the provider is prepared to make the facility available for use by others;\nthe procedures that the provider will apply in determining a proposal for access to the facility;\nrelevant prices, costs and methodologies associated with gaining access to, and using, a facility and relevant or related services;\naccess contracts and arrangements used, or required to be used, by the relevant provider; and\nwithout limiting paragraphs (a) and (b) , information to be provided by a provider in response to a request for access to services provided by means of a facility; and\nrequirements to ensure that information is accurate and complete; and\nthe imposition or recovery of costs associated with any matter referred to in a preceding paragraph or otherwise associated with facilitating access, or potential access, to services provided by means of a facility.\nNothing in subsection (1) limits any power to grant an exemption from complying with a provision, or part of a provision, of the Rules.\ns 198 prev s 198 om 2022 No. 21 (SA) s 75\npres s 198 ins 2023 No. 36 (SA) s 52\n(sec.198-ssec.1) Without limiting any other provision, the Rules may provide for— the collection, disclosure, verification, management and publication of information in relation to services that may be provided by means of a facility; and without limiting paragraph (a) , requirements about the information that must be provided by a provider in relation to access, or potential access, to services provided by means of a facility, including information about the following: the terms and conditions on which the provider is prepared to make the facility available for use by others; the procedures that the provider will apply in determining a proposal for access to the facility; relevant prices, costs and methodologies associated with gaining access to, and using, a facility and relevant or related services; access contracts and arrangements used, or required to be used, by the relevant provider; and without limiting paragraphs (a) and (b) , information to be provided by a provider in response to a request for access to services provided by means of a facility; and requirements to ensure that information is accurate and complete; and the imposition or recovery of costs associated with any matter referred to in a preceding paragraph or otherwise associated with facilitating access, or potential access, to services provided by means of a facility.\n(sec.198-ssec.2) Nothing in subsection (1) limits any power to grant an exemption from complying with a provision, or part of a provision, of the Rules.\n- (a) the collection, disclosure, verification, management and publication of information in relation to services that may be provided by means of a facility; and\n- (b) without limiting paragraph (a) , requirements about the information that must be provided by a provider in relation to access, or potential access, to services provided by means of a facility, including information about the following: (i) the terms and conditions on which the provider is prepared to make the facility available for use by others; (ii) the procedures that the provider will apply in determining a proposal for access to the facility; (iii) relevant prices, costs and methodologies associated with gaining access to, and using, a facility and relevant or related services; (iv) access contracts and arrangements used, or required to be used, by the relevant provider; and\n- (i) the terms and conditions on which the provider is prepared to make the facility available for use by others;\n- (ii) the procedures that the provider will apply in determining a proposal for access to the facility;\n- (iii) relevant prices, costs and methodologies associated with gaining access to, and using, a facility and relevant or related services;\n- (iv) access contracts and arrangements used, or required to be used, by the relevant provider; and\n- (c) without limiting paragraphs (a) and (b) , information to be provided by a provider in response to a request for access to services provided by means of a facility; and\n- (d) requirements to ensure that information is accurate and complete; and\n- (e) the imposition or recovery of costs associated with any matter referred to in a preceding paragraph or otherwise associated with facilitating access, or potential access, to services provided by means of a facility.\n- (i) the terms and conditions on which the provider is prepared to make the facility available for use by others;\n- (ii) the procedures that the provider will apply in determining a proposal for access to the facility;\n- (iii) relevant prices, costs and methodologies associated with gaining access to, and using, a facility and relevant or related services;\n- (iv) access contracts and arrangements used, or required to be used, by the relevant provider; and","sortOrder":500},{"sectionNumber":"sec.199","sectionType":"section","heading":"Publication of information relating to facilities","content":"### sec.199 Publication of information relating to facilities\n\nA person required by the Rules made under section 198 to publish information must do so in accordance with the Rules.\ns 199 prev s 199 om 2022 No. 21 (SA) s 75\npres s 199 ins 2023 No. 36 (SA) s 52","sortOrder":501},{"sectionNumber":"ch.5A-pt.2","sectionType":"part","heading":"Access to certain facilities","content":"# Access to certain facilities","sortOrder":502},{"sectionNumber":"sec.200","sectionType":"section","heading":"Definitions","content":"### sec.200 Definitions\n\nIn this Part—\nrelevant facility means—\na blend processing facility; or\na facility of a type prescribed by the Regulations for the purposes of this paragraph.\ns 200 prev s 200 amd 2020 No. 37 (SA) s 61\nom 2022 No. 21 (SA) s 75\npres s 200 ins 2023 No. 36 (SA) s 52\n- (a) a blend processing facility; or\n- (b) a facility of a type prescribed by the Regulations for the purposes of this paragraph.","sortOrder":503},{"sectionNumber":"sec.201","sectionType":"section","heading":"Preventing or hindering access to relevant facilities","content":"### sec.201 Preventing or hindering access to relevant facilities\n\nA person who owns, operates or controls a relevant facility, or an associate of the person, must not engage in conduct for the purpose of preventing or hindering the access of another person to a service provided by a relevant facility.\nFor the purposes of subsection (1) , a person is taken to engage in conduct for a particular purpose if—\nthe conduct is, or was, engaged in for that purpose or for a purpose that includes, or included, that purpose; and\nthat purpose is, or was, a substantial purpose.\nA person may be taken to have engaged in conduct for the purpose referred to in subsection (1) even though, after all the evidence has been considered, the existence of that purpose is ascertainable only by inference from the conduct of the person or another person or from other relevant circumstances.\nSubsection (3) does not limit the manner in which the purpose of a person may be established for the purpose of subsection (1) .\nIn this section—\na reference to engaging in conduct is a reference to doing, or refusing to do, any act, including the following:\nrefusing to supply a service provided by means of a relevant facility;\nwithout reasonable grounds, limiting or disrupting a service provided by means of a relevant facility;\nmaking, or giving effect to, a provision of a contract or arrangement;\narriving at, or giving effect to, a provision of an understanding;\nrequiring the giving of, or giving, a covenant; and\na reference to refusing to do an act includes a reference to—\nrefraining, otherwise than inadvertently, from doing the act; or\nmaking it known the act will not be done.\nSubsection (1) does not apply to conduct engaged in under an agreement, other than conduct in breach of this Law, the Regulations, the Rules or the Procedures, if—\nfor conduct relating to a blend processing facility—the agreement was in force immediately before the Statutes Amendment (National Energy Laws) (Other Gases) Act 2023 commenced; and\nfor conduct relating to any other type of facility—the agreement was in force immediately before the facility was prescribed as a relevant facility.\ns 201 prev s 201 om 2022 No. 21 (SA) s 75\npres s 201 ins 2023 No. 36 (SA) s 52\n(sec.201-ssec.1) A person who owns, operates or controls a relevant facility, or an associate of the person, must not engage in conduct for the purpose of preventing or hindering the access of another person to a service provided by a relevant facility.\n(sec.201-ssec.2) For the purposes of subsection (1) , a person is taken to engage in conduct for a particular purpose if— the conduct is, or was, engaged in for that purpose or for a purpose that includes, or included, that purpose; and that purpose is, or was, a substantial purpose.\n(sec.201-ssec.3) A person may be taken to have engaged in conduct for the purpose referred to in subsection (1) even though, after all the evidence has been considered, the existence of that purpose is ascertainable only by inference from the conduct of the person or another person or from other relevant circumstances.\n(sec.201-ssec.4) Subsection (3) does not limit the manner in which the purpose of a person may be established for the purpose of subsection (1) .\n(sec.201-ssec.5) In this section— a reference to engaging in conduct is a reference to doing, or refusing to do, any act, including the following: refusing to supply a service provided by means of a relevant facility; without reasonable grounds, limiting or disrupting a service provided by means of a relevant facility; making, or giving effect to, a provision of a contract or arrangement; arriving at, or giving effect to, a provision of an understanding; requiring the giving of, or giving, a covenant; and a reference to refusing to do an act includes a reference to— refraining, otherwise than inadvertently, from doing the act; or making it known the act will not be done.\n(sec.201-ssec.6) Subsection (1) does not apply to conduct engaged in under an agreement, other than conduct in breach of this Law, the Regulations, the Rules or the Procedures, if— for conduct relating to a blend processing facility—the agreement was in force immediately before the Statutes Amendment (National Energy Laws) (Other Gases) Act 2023 commenced; and for conduct relating to any other type of facility—the agreement was in force immediately before the facility was prescribed as a relevant facility.\n- (a) the conduct is, or was, engaged in for that purpose or for a purpose that includes, or included, that purpose; and\n- (b) that purpose is, or was, a substantial purpose.\n- (a) a reference to engaging in conduct is a reference to doing, or refusing to do, any act, including the following: (i) refusing to supply a service provided by means of a relevant facility; (ii) without reasonable grounds, limiting or disrupting a service provided by means of a relevant facility; (iii) making, or giving effect to, a provision of a contract or arrangement; (iv) arriving at, or giving effect to, a provision of an understanding; (v) requiring the giving of, or giving, a covenant; and\n- (i) refusing to supply a service provided by means of a relevant facility;\n- (ii) without reasonable grounds, limiting or disrupting a service provided by means of a relevant facility;\n- (iii) making, or giving effect to, a provision of a contract or arrangement;\n- (iv) arriving at, or giving effect to, a provision of an understanding;\n- (v) requiring the giving of, or giving, a covenant; and\n- (b) a reference to refusing to do an act includes a reference to— (i) refraining, otherwise than inadvertently, from doing the act; or (ii) making it known the act will not be done.\n- (i) refraining, otherwise than inadvertently, from doing the act; or\n- (ii) making it known the act will not be done.\n- (i) refusing to supply a service provided by means of a relevant facility;\n- (ii) without reasonable grounds, limiting or disrupting a service provided by means of a relevant facility;\n- (iii) making, or giving effect to, a provision of a contract or arrangement;\n- (iv) arriving at, or giving effect to, a provision of an understanding;\n- (v) requiring the giving of, or giving, a covenant; and\n- (i) refraining, otherwise than inadvertently, from doing the act; or\n- (ii) making it known the act will not be done.\n- (a) for conduct relating to a blend processing facility—the agreement was in force immediately before the Statutes Amendment (National Energy Laws) (Other Gases) Act 2023 commenced; and\n- (b) for conduct relating to any other type of facility—the agreement was in force immediately before the facility was prescribed as a relevant facility.","sortOrder":504},{"sectionNumber":"sec.202","sectionType":"section","heading":"Terms and conditions must not discriminate","content":"### sec.202 Terms and conditions must not discriminate\n\nA person who owns, operates or controls a relevant facility must not set terms and conditions for the use of a service provided by means of the facility that discriminate in favour of the following:\nthe person’s own operations, whether upstream or downstream; or\nthe operations of an associate of the person.\nSubsection (1) does not apply to the extent that the cost of providing a service to another person is higher.\nThis section does not apply if the agreement setting the terms and conditions was in force immediately before—\nfor a blend processing facility—the commencement of the Statutes Amendment (National Energy Laws) (Other Gases) Act 2023 ; or\notherwise—the facility became a relevant facility.\ns 202 prev s 202 amd 2020 No. 37 (SA) s 62\nom 2022 No. 21 (SA) s 75\npres s 202 ins 2023 No. 36 (SA) s 52\n(sec.202-ssec.1) A person who owns, operates or controls a relevant facility must not set terms and conditions for the use of a service provided by means of the facility that discriminate in favour of the following: the person’s own operations, whether upstream or downstream; or the operations of an associate of the person.\n(sec.202-ssec.2) Subsection (1) does not apply to the extent that the cost of providing a service to another person is higher.\n(sec.202-ssec.3) This section does not apply if the agreement setting the terms and conditions was in force immediately before— for a blend processing facility—the commencement of the Statutes Amendment (National Energy Laws) (Other Gases) Act 2023 ; or otherwise—the facility became a relevant facility.\n- (a) the person’s own operations, whether upstream or downstream; or\n- (b) the operations of an associate of the person.\n- (a) for a blend processing facility—the commencement of the Statutes Amendment (National Energy Laws) (Other Gases) Act 2023 ; or\n- (b) otherwise—the facility became a relevant facility.","sortOrder":505},{"sectionNumber":"sec.203","sectionType":"section","heading":"Duty to negotiate in good faith","content":"### sec.203 Duty to negotiate in good faith\n\nA user or prospective user seeking access to a service provided by means of a relevant facility and a person who owns, operates or controls the facility must negotiate in good faith with each other about—\nwhether access can be granted to the user or prospective user; and\nif access is to be granted—the terms and conditions for the provision of access to the user or prospective user.\nWithout limiting any other provision, the Rules may make provision for or with respect to the following:\nmaking and responding to a request for access;\nthe negotiation framework;\nthe resolution of disputes between the person who owns, operates or controls a relevant facility and a user or prospective user of the service provided by means of the relevant facility about 1 or more aspects of access to the service.\nWhere provided for in the Rules, the decision of a dispute resolution body, made in accordance with a rule under subsection (2) (c) , has effect as a contract between the parties to the dispute.\nRules made under subsection (2) are not required to adopt, either in whole or in part, an existing dispute resolution mechanism in this Law or the Regulations.\ns 203 prev s 203 amd 2020 No. 37 (SA) s 63\nom 2022 No. 21 (SA) s 75\npres s 203 ins 2023 No. 36 (SA) s 52\n(sec.203-ssec.1) A user or prospective user seeking access to a service provided by means of a relevant facility and a person who owns, operates or controls the facility must negotiate in good faith with each other about— whether access can be granted to the user or prospective user; and if access is to be granted—the terms and conditions for the provision of access to the user or prospective user.\n(sec.203-ssec.2) Without limiting any other provision, the Rules may make provision for or with respect to the following: making and responding to a request for access; the negotiation framework; the resolution of disputes between the person who owns, operates or controls a relevant facility and a user or prospective user of the service provided by means of the relevant facility about 1 or more aspects of access to the service.\n(sec.203-ssec.3) Where provided for in the Rules, the decision of a dispute resolution body, made in accordance with a rule under subsection (2) (c) , has effect as a contract between the parties to the dispute.\n(sec.203-ssec.4) Rules made under subsection (2) are not required to adopt, either in whole or in part, an existing dispute resolution mechanism in this Law or the Regulations.\n- (a) whether access can be granted to the user or prospective user; and\n- (b) if access is to be granted—the terms and conditions for the provision of access to the user or prospective user.\n- (a) making and responding to a request for access;\n- (b) the negotiation framework;\n- (c) the resolution of disputes between the person who owns, operates or controls a relevant facility and a user or prospective user of the service provided by means of the relevant facility about 1 or more aspects of access to the service.","sortOrder":506},{"sectionNumber":"sec.204","sectionType":"section","heading":"Rules about ring fencing","content":"### sec.204 Rules about ring fencing\n\nThe Rules may make provision for matters relating to ring fencing the activities of providers, including the following:\nrequirements for the structural and operational separation of the activities of providers;\nseparate accounting requirements for the activities of providers;\ndealings by providers with associates.\nIn this section—\nprovider means the following:\na blend processing service provider;\nthe owner, operator or controller of a class of facility prescribed by the Regulations.\ns 204 prev s 204 amd 2020 No. 37 (SA) s 64\nom 2022 No. 21 (SA) s 75\npres s 204 ins 2023 No. 36 (SA) s 52\n(sec.204-ssec.1) The Rules may make provision for matters relating to ring fencing the activities of providers, including the following: requirements for the structural and operational separation of the activities of providers; separate accounting requirements for the activities of providers; dealings by providers with associates.\n(sec.204-ssec.2) In this section— provider means the following: a blend processing service provider; the owner, operator or controller of a class of facility prescribed by the Regulations.\n- (a) requirements for the structural and operational separation of the activities of providers;\n- (b) separate accounting requirements for the activities of providers;\n- (c) dealings by providers with associates.\n- (a) a blend processing service provider;\n- (b) the owner, operator or controller of a class of facility prescribed by the Regulations.","sortOrder":507},{"sectionNumber":"ch.6-pt.1","sectionType":"part","heading":null,"content":"","sortOrder":508},{"sectionNumber":"ch.6-pt.2","sectionType":"part","heading":null,"content":"","sortOrder":509},{"sectionNumber":"ch.6-pt.3","sectionType":"part","heading":null,"content":"","sortOrder":510},{"sectionNumber":"ch.6-pt.4","sectionType":"part","heading":null,"content":"","sortOrder":511},{"sectionNumber":"ch.6-pt.5","sectionType":"part","heading":null,"content":"","sortOrder":512},{"sectionNumber":"ch.6-pt.6","sectionType":"part","heading":null,"content":"","sortOrder":513},{"sectionNumber":"sec.205","sectionType":"section","heading":null,"content":"### Section sec.205\n\ns 205 om 2022 No. 21 (SA) s 75","sortOrder":514},{"sectionNumber":"sec.206","sectionType":"section","heading":null,"content":"### Section sec.206\n\ns 206 om 2022 No. 21 (SA) s 75","sortOrder":515},{"sectionNumber":"sec.207","sectionType":"section","heading":null,"content":"### Section sec.207\n\ns 207 om 2022 No. 21 (SA) s 75","sortOrder":516},{"sectionNumber":"ch.6-pt.7","sectionType":"part","heading":null,"content":"","sortOrder":517},{"sectionNumber":"sec.208","sectionType":"section","heading":null,"content":"### Section sec.208\n\ns 208 om 2022 No. 21 (SA) s 75","sortOrder":518},{"sectionNumber":"sec.209","sectionType":"section","heading":null,"content":"### Section sec.209\n\ns 209 om 2022 No. 21 (SA) s 75","sortOrder":519},{"sectionNumber":"sec.210","sectionType":"section","heading":null,"content":"### Section sec.210\n\ns 210 om 2022 No. 21 (SA) s 75","sortOrder":520},{"sectionNumber":"sec.211","sectionType":"section","heading":null,"content":"### Section sec.211\n\ns 211 om 2022 No. 21 (SA) s 75","sortOrder":521},{"sectionNumber":"sec.212","sectionType":"section","heading":null,"content":"### Section sec.212\n\ns 212 om 2022 No. 21 (SA) s 75","sortOrder":522},{"sectionNumber":"ch.6-pt.8","sectionType":"part","heading":null,"content":"","sortOrder":523},{"sectionNumber":"sec.213","sectionType":"section","heading":null,"content":"### Section sec.213\n\ns 213 om 2022 No. 21 (SA) s 75","sortOrder":524},{"sectionNumber":"sec.214","sectionType":"section","heading":null,"content":"### Section sec.214\n\ns 214 om 2022 No. 21 (SA) s 75","sortOrder":525},{"sectionNumber":"sec.215","sectionType":"section","heading":null,"content":"### Section sec.215\n\ns 215 om 2022 No. 21 (SA) s 75","sortOrder":526},{"sectionNumber":"sec.216","sectionType":"section","heading":null,"content":"### Section sec.216\n\ns 216 om 2022 No. 21 (SA) s 75","sortOrder":527},{"sectionNumber":"ch.6A-pt.1","sectionType":"part","heading":null,"content":"","sortOrder":528},{"sectionNumber":"sec.216A","sectionType":"section","heading":null,"content":"### Section sec.216A\n\ns 216A ins 2017 No. 23 (SA) s 6\nom 2022 No. 21 (SA) s 75","sortOrder":529},{"sectionNumber":"sec.216B","sectionType":"section","heading":null,"content":"### Section sec.216B\n\ns 216B ins 2017 No. 23 (SA) s 6\nom 2022 No. 21 (SA) s 75","sortOrder":530},{"sectionNumber":"sec.216C","sectionType":"section","heading":null,"content":"### Section sec.216C\n\ns 216C ins 2017 No. 23 (SA) s 6\nom 2022 No. 21 (SA) s 75","sortOrder":531},{"sectionNumber":"sec.216D","sectionType":"section","heading":null,"content":"### Section sec.216D\n\ns 216D ins 2017 No. 23 (SA) s 6\nom 2022 No. 21 (SA) s 75","sortOrder":532},{"sectionNumber":"sec.216E","sectionType":"section","heading":null,"content":"### Section sec.216E\n\ns 216E ins 2017 No. 23 (SA) s 6\nom 2022 No. 21 (SA) s 75","sortOrder":533},{"sectionNumber":"ch.6A-pt.2","sectionType":"part","heading":null,"content":"","sortOrder":534},{"sectionNumber":"sec.216F","sectionType":"section","heading":null,"content":"### Section sec.216F\n\ns 216F ins 2017 No. 23 (SA) s 6\nom 2022 No. 21 (SA) s 75","sortOrder":535},{"sectionNumber":"sec.216G","sectionType":"section","heading":null,"content":"### Section sec.216G\n\ns 216G ins 2017 No. 23 (SA) s 6\nom 2022 No. 21 (SA) s 75","sortOrder":536},{"sectionNumber":"sec.216H","sectionType":"section","heading":null,"content":"### Section sec.216H\n\ns 216H ins 2017 No. 23 (SA) s 6\nom 2022 No. 21 (SA) s 75","sortOrder":537},{"sectionNumber":"sec.216I","sectionType":"section","heading":null,"content":"### Section sec.216I\n\ns 216I ins 2017 No. 23 (SA) s 6\nom 2022 No. 21 (SA) s 75","sortOrder":538},{"sectionNumber":"ch.6A-pt.3","sectionType":"part","heading":null,"content":"","sortOrder":539},{"sectionNumber":"sec.216J","sectionType":"section","heading":null,"content":"### Section sec.216J\n\ns 216J ins 2017 No. 23 (SA) s 6\nom 2022 No. 21 (SA) s 75","sortOrder":540},{"sectionNumber":"sec.216K","sectionType":"section","heading":null,"content":"### Section sec.216K\n\ns 216K ins 2017 No. 23 (SA) s 6\nom 2022 No. 21 (SA) s 75","sortOrder":541},{"sectionNumber":"sec.216L","sectionType":"section","heading":null,"content":"### Section sec.216L\n\ns 216L ins 2017 No. 23 (SA) s 6\nom 2022 No. 21 (SA) s 75","sortOrder":542},{"sectionNumber":"sec.216M","sectionType":"section","heading":null,"content":"### Section sec.216M\n\ns 216M ins 2017 No. 23 (SA) s 6\nom 2022 No. 21 (SA) s 75","sortOrder":543},{"sectionNumber":"sec.216N","sectionType":"section","heading":null,"content":"### Section sec.216N\n\ns 216N ins 2017 No. 23 (SA) s 6\nom 2022 No. 21 (SA) s 75","sortOrder":544},{"sectionNumber":"sec.216O","sectionType":"section","heading":null,"content":"### Section sec.216O\n\ns 216O ins 2017 No. 23 (SA) s 6\nom 2022 No. 21 (SA) s 75","sortOrder":545},{"sectionNumber":"sec.216P","sectionType":"section","heading":null,"content":"### Section sec.216P\n\ns 216P ins 2017 No. 23 (SA) s 6\nom 2022 No. 21 (SA) s 75","sortOrder":546},{"sectionNumber":"ch.6A-pt.4","sectionType":"part","heading":null,"content":"","sortOrder":547},{"sectionNumber":"sec.216Q","sectionType":"section","heading":null,"content":"### Section sec.216Q\n\ns 216Q ins 2017 No. 23 (SA) s 6\nom 2022 No. 21 (SA) s 75","sortOrder":548},{"sectionNumber":"ch.6A-pt.5","sectionType":"part","heading":null,"content":"","sortOrder":549},{"sectionNumber":"sec.216R","sectionType":"section","heading":null,"content":"### Section sec.216R\n\ns 216R ins 2017 No. 23 (SA) s 6\nom 2022 No. 21 (SA) s 75","sortOrder":550},{"sectionNumber":"ch.6A-pt.6","sectionType":"part","heading":null,"content":"","sortOrder":551},{"sectionNumber":"sec.216S","sectionType":"section","heading":null,"content":"### Section sec.216S\n\ns 216S ins 2017 No. 23 (SA) s 6\nom 2022 No. 21 (SA) s 75","sortOrder":552},{"sectionNumber":"ch.6A-pt.7","sectionType":"part","heading":null,"content":"","sortOrder":553},{"sectionNumber":"sec.216T","sectionType":"section","heading":null,"content":"### Section sec.216T\n\ns 216T ins 2017 No. 23 (SA) s 6\nom 2022 No. 21 (SA) s 75","sortOrder":554},{"sectionNumber":"sec.216U","sectionType":"section","heading":null,"content":"### Section sec.216U\n\ns 216U ins 2017 No. 23 (SA) s 6\nom 2022 No. 21 (SA) s 75","sortOrder":555},{"sectionNumber":"sec.216V","sectionType":"section","heading":null,"content":"### Section sec.216V\n\ns 216V ins 2017 No. 23 (SA) s 6\nom 2022 No. 21 (SA) s 75","sortOrder":556},{"sectionNumber":"ch.7-pt.1","sectionType":"part","heading":"AEMO to be Bulletin Board operator","content":"# AEMO to be Bulletin Board operator","sortOrder":557},{"sectionNumber":"sec.217","sectionType":"section","heading":"AEMO to be Bulletin Board operator","content":"### sec.217 AEMO to be Bulletin Board operator\n\nAEMO is responsible for the operation of the Gas Bulletin Board.\ns 217 sub 2009 No. 30 (SA) s 17\namd 2023 No. 36 (SA) s 54","sortOrder":558},{"sectionNumber":"sec.218","sectionType":"section","heading":"AEMO’s obligation to maintain Bulletin Board","content":"### sec.218 AEMO’s obligation to maintain Bulletin Board\n\nAEMO must maintain the Gas Bulletin Board.\nThe Gas Bulletin Board—\nmust be maintained as a website; and\nmust contain information of the kind specified in the Rules in relation to the covered gas industry.\nAEMO may replace the website with another website containing information of the kind specified in the Rules in relation to the covered gas industry.\ns 218 sub 2009 No. 30 (SA) s 17\namd 2018 No. 23 (SA) s 15 ; 2022 No. 3 (SA) s 28 ; 2023 No. 36 (SA) s 55\n(sec.218-ssec.1) AEMO must maintain the Gas Bulletin Board.\n(sec.218-ssec.2) The Gas Bulletin Board— must be maintained as a website; and must contain information of the kind specified in the Rules in relation to the covered gas industry.\n(sec.218-ssec.3) AEMO may replace the website with another website containing information of the kind specified in the Rules in relation to the covered gas industry.\n- (a) must be maintained as a website; and\n- (b) must contain information of the kind specified in the Rules in relation to the covered gas industry.","sortOrder":559},{"sectionNumber":"sec.219","sectionType":"section","heading":"AEMO’s other functions as operator of Gas Bulletin Board","content":"### sec.219 AEMO’s other functions as operator of Gas Bulletin Board\n\nAEMO also has, in its capacity as operator of the Gas Bulletin Board, the following functions:\nto collect and collate Bulletin Board information;\nto collect and collate other information in relation to the covered gas industry for inclusion on the Gas Bulletin Board;\nto derive from information of the type mentioned in paragraphs (a) and (b) information for inclusion on the Gas Bulletin Board;\nsubject to the Rules, to publish information on the Gas Bulletin Board of the kinds that may or must be included on the Gas Bulletin Board under the Rules;\nto manage information of the type mentioned in paragraphs (a) , (b) and (c) ;\nthe other functions conferred on AEMO in its capacity as the operator of the Gas Bulletin Board by this Law, the Rules or any other law prescribed by the Regulations for the purposes of this paragraph.\ns 219 amd 2009 No. 30 (SA) s 18 ; 2018 No. 23 (SA) s 16 ; 2022 No. 3 (SA) s 29 ; 2023 No. 36 (SA) s 56\n- (a) to collect and collate Bulletin Board information;\n- (b) to collect and collate other information in relation to the covered gas industry for inclusion on the Gas Bulletin Board;\n- (c) to derive from information of the type mentioned in paragraphs (a) and (b) information for inclusion on the Gas Bulletin Board;\n- (d) subject to the Rules, to publish information on the Gas Bulletin Board of the kinds that may or must be included on the Gas Bulletin Board under the Rules;\n- (e) to manage information of the type mentioned in paragraphs (a) , (b) and (c) ;\n- (f) the other functions conferred on AEMO in its capacity as the operator of the Gas Bulletin Board by this Law, the Rules or any other law prescribed by the Regulations for the purposes of this paragraph.","sortOrder":560},{"sectionNumber":"sec.220","sectionType":"section","heading":null,"content":"### Section sec.220\n\ns 220 om 2009 No. 30 (SA) s 19","sortOrder":561},{"sectionNumber":"sec.221","sectionType":"section","heading":null,"content":"### Section sec.221\n\ns 221 om 2009 No. 30 (SA) s 20","sortOrder":562},{"sectionNumber":"sec.222","sectionType":"section","heading":"Fees for services provided","content":"### sec.222 Fees for services provided\n\nAEMO may charge a fee specified, or a fee calculated in accordance with a formula or methodology specified, in the Rules for access by a person to—\nthe Gas Bulletin Board; or\nBulletin Board information.\nThe fee must not be such as to amount to taxation.\ns 222 amd 2009 No. 30 (SA) s 21 ; 2023 No. 36 (SA) s 57\n(sec.222-ssec.1) AEMO may charge a fee specified, or a fee calculated in accordance with a formula or methodology specified, in the Rules for access by a person to— the Gas Bulletin Board; or Bulletin Board information.\n(sec.222-ssec.2) The fee must not be such as to amount to taxation.\n- (a) the Gas Bulletin Board; or\n- (b) Bulletin Board information.","sortOrder":563},{"sectionNumber":"ch.7-pt.2","sectionType":"part","heading":"Bulletin Board information","content":"# Bulletin Board information","sortOrder":564},{"sectionNumber":"sec.223","sectionType":"section","heading":"Obligation to give information to AEMO","content":"### sec.223 Obligation to give information to AEMO\n\nA person who has possession or control of information in relation to the covered gas industry must give the information to AEMO for use by AEMO in connection with the Gas Bulletin Board if the person is required to do so under the Rules.\nThe information must be given to AEMO in accordance with the Rules.\nSubsection (1) does not apply if the person is exempt under the Rules from giving the information.\nSubsection (1) applies subject to any provision made by the Regulations as to any person, transaction or activity that is not to be the subject of any Rules made under this section.\nAEMO must make available for the operation of the Bulletin Board information about covered gas, covered gas services or the use of covered gas that it acquires in its capacity as the operator or administrator of a regulated gas market.\nSubsection (1) does not require—\na person to disclose information that is the subject of legal professional privilege; or\na natural person to disclose information that would incriminate the person or make the person liable to a criminal penalty under the law of an Australian jurisdiction (whether or not the jurisdiction is a participating jurisdiction).\ns 223 amd 2009 No. 30 (SA) s 22 ; 2018 No. 23 (SA) s 17\nsub 2022 No. 3 (SA) s 30\namd 2023 No. 36 (SA) s 58\n(sec.223-ssec.1) A person who has possession or control of information in relation to the covered gas industry must give the information to AEMO for use by AEMO in connection with the Gas Bulletin Board if the person is required to do so under the Rules.\n(sec.223-ssec.2) The information must be given to AEMO in accordance with the Rules.\n(sec.223-ssec.3) Subsection (1) does not apply if the person is exempt under the Rules from giving the information.\n(sec.223-ssec.4) Subsection (1) applies subject to any provision made by the Regulations as to any person, transaction or activity that is not to be the subject of any Rules made under this section.\n(sec.223-ssec.5) AEMO must make available for the operation of the Bulletin Board information about covered gas, covered gas services or the use of covered gas that it acquires in its capacity as the operator or administrator of a regulated gas market.\n(sec.223-ssec.6) Subsection (1) does not require— a person to disclose information that is the subject of legal professional privilege; or a natural person to disclose information that would incriminate the person or make the person liable to a criminal penalty under the law of an Australian jurisdiction (whether or not the jurisdiction is a participating jurisdiction).\n- (a) a person to disclose information that is the subject of legal professional privilege; or\n- (b) a natural person to disclose information that would incriminate the person or make the person liable to a criminal penalty under the law of an Australian jurisdiction (whether or not the jurisdiction is a participating jurisdiction).","sortOrder":565},{"sectionNumber":"sec.223A","sectionType":"section","heading":null,"content":"### Section sec.223A\n\ns 223A ins 2018 No. 23 (SA) s 18\nom 2022 No. 3 (SA) s 30","sortOrder":566},{"sectionNumber":"sec.224","sectionType":"section","heading":"Person cannot rely on duty of confidence to avoid compliance with obligation","content":"### sec.224 Person cannot rely on duty of confidence to avoid compliance with obligation\n\nA person must not refuse to comply with the requirement in section 223 (1) or under section 226A on the ground of any duty of confidence.\ns 224 amd 2018 No. 23 (SA) s 19 ; 2022 No. 3 (SA) s 31","sortOrder":567},{"sectionNumber":"sec.225","sectionType":"section","heading":"Giving false and misleading information","content":"### sec.225 Giving false and misleading information\n\nA person must not give Bulletin Board information to AEMO or the AER that the person knows is false or misleading in a material particular.\ns 225 amd 2009 No. 30 (SA) s 23 ; 2022 No. 3 (SA) s 32","sortOrder":568},{"sectionNumber":"sec.226","sectionType":"section","heading":"Immunity of persons giving information to AEMO or AER","content":"### sec.226 Immunity of persons giving information to AEMO or AER\n\nA person who gives Bulletin Board information to AEMO or the AER does not incur any civil monetary liability for an act or omission in giving that information unless the act or omission is done or made in bad faith or through negligence.\nThe civil monetary liability for an act or omission of a kind referred to in subsection (1) done or made through negligence may not exceed the prescribed maximum amount.\nThe Regulations may, for the purposes of subsection (2) , without limitation do all or any of the following:\nprescribe a maximum amount that is limited in its application to persons, events, circumstances, losses or periods specified in the Regulations;\nprescribe maximum amounts that vary in their application according to the persons to whom or the events, circumstances, losses or periods to which they are expressed to apply;\nprescribe the manner in which a maximum amount is to be divided amongst claimants.\nA person mentioned in subsection (1) may enter into an agreement with another person varying or excluding the operation of a provision of this section and, to the extent of that agreement, that provision does not apply.\ns 226 amd 2009 No. 30 (SA) s 24 ; 2022 No. 3 (SA) s 33\n(sec.226-ssec.1) A person who gives Bulletin Board information to AEMO or the AER does not incur any civil monetary liability for an act or omission in giving that information unless the act or omission is done or made in bad faith or through negligence.\n(sec.226-ssec.2) The civil monetary liability for an act or omission of a kind referred to in subsection (1) done or made through negligence may not exceed the prescribed maximum amount.\n(sec.226-ssec.3) The Regulations may, for the purposes of subsection (2) , without limitation do all or any of the following: prescribe a maximum amount that is limited in its application to persons, events, circumstances, losses or periods specified in the Regulations; prescribe maximum amounts that vary in their application according to the persons to whom or the events, circumstances, losses or periods to which they are expressed to apply; prescribe the manner in which a maximum amount is to be divided amongst claimants.\n(sec.226-ssec.4) A person mentioned in subsection (1) may enter into an agreement with another person varying or excluding the operation of a provision of this section and, to the extent of that agreement, that provision does not apply.\n- (a) prescribe a maximum amount that is limited in its application to persons, events, circumstances, losses or periods specified in the Regulations;\n- (b) prescribe maximum amounts that vary in their application according to the persons to whom or the events, circumstances, losses or periods to which they are expressed to apply;\n- (c) prescribe the manner in which a maximum amount is to be divided amongst claimants.","sortOrder":569},{"sectionNumber":"sec.226A","sectionType":"section","heading":"Provision of certain information to AER","content":"### sec.226A Provision of certain information to AER\n\nWithout limiting any other provision, the Rules may provide for—\nrequirements for persons subject to the operation of this Chapter to give to the AER gas price assumptions and forecasts connected with estimates of natural gas reserves and resources; and\nrequirements to ensure that information satisfies the requirements of the Rules; and\nrequirements for the AER to publish information obtained under paragraph (a) on an anonymised basis.\nThe AER, in relation to information given to the AER in compliance with a requirement under subsection (1) , is to treat the information as having been given to it in confidence and is authorised to disclose the information in accordance with Chapter 10 Part 2 Division 1 .\ns 226A ins 2022 No. 3 (SA) s 34\namd 2023 No. 36 (SA) s 59\n(sec.226A-ssec.1) Without limiting any other provision, the Rules may provide for— requirements for persons subject to the operation of this Chapter to give to the AER gas price assumptions and forecasts connected with estimates of natural gas reserves and resources; and requirements to ensure that information satisfies the requirements of the Rules; and requirements for the AER to publish information obtained under paragraph (a) on an anonymised basis.\n(sec.226A-ssec.2) The AER, in relation to information given to the AER in compliance with a requirement under subsection (1) , is to treat the information as having been given to it in confidence and is authorised to disclose the information in accordance with Chapter 10 Part 2 Division 1 .\n- (a) requirements for persons subject to the operation of this Chapter to give to the AER gas price assumptions and forecasts connected with estimates of natural gas reserves and resources; and\n- (b) requirements to ensure that information satisfies the requirements of the Rules; and\n- (c) requirements for the AER to publish information obtained under paragraph (a) on an anonymised basis.","sortOrder":570},{"sectionNumber":"ch.7-pt.3","sectionType":"part","heading":"BB Procedures","content":"# BB Procedures","sortOrder":571},{"sectionNumber":"sec.227","sectionType":"section","heading":"BB Procedures","content":"### sec.227 BB Procedures\n\nAEMO may, in accordance with the Rules, make BB Procedures.\ns 227 sub 2009 No. 30 (SA) s 25","sortOrder":572},{"sectionNumber":"sec.228","sectionType":"section","heading":"Nature of BB Procedures","content":"### sec.228 Nature of BB Procedures\n\nBB Procedures are a form of statutory instrument directed at the regulation of the Gas Bulletin Board.\nThe BB Procedures may deal with the following matters:\nthe matters specified by the Rules;\nany other matter relevant to the Gas Bulletin Board on which this Law or the Rules contemplate the making of Procedures.\nThe BB Procedures—\nmay vary according to the persons, times, places or circumstances to which they are expressed to apply; and\nmay confer functions or powers on, or leave any matter or thing to be decided by, AEMO; and\nmay confer rights or impose obligations; and\nmay confer power on AEMO to make or issue guidelines, tests, standards and other documents of an administrative nature; and\nmay confer power on AEMO to require a person on whom a right is conferred, or an obligation imposed, under the Procedure—\nto comply with a guideline, standard or other document of an administrative nature; or\nto conduct, or submit to, a test designed by AEMO under the Procedures; and\nmay exempt, or confer a power of exemption, from the application of the Procedures or specified provisions of the Procedures; and\nmay contain provisions of a savings or transitional nature.\nAEMO must not, without the consent of the MCE, make Procedures that confer a right or function, or impose an obligation, on the MCE or a Minister of a participating jurisdiction.\nThe BB Procedures cannot—\ncreate an offence; or\nprovide for a criminal or civil penalty.\ns 228 sub 2009 No. 30 (SA) s 25\namd 2023 No. 36 (SA) s 60\n(sec.228-ssec.1) BB Procedures are a form of statutory instrument directed at the regulation of the Gas Bulletin Board.\n(sec.228-ssec.2) The BB Procedures may deal with the following matters: the matters specified by the Rules; any other matter relevant to the Gas Bulletin Board on which this Law or the Rules contemplate the making of Procedures.\n(sec.228-ssec.3) The BB Procedures— may vary according to the persons, times, places or circumstances to which they are expressed to apply; and may confer functions or powers on, or leave any matter or thing to be decided by, AEMO; and may confer rights or impose obligations; and may confer power on AEMO to make or issue guidelines, tests, standards and other documents of an administrative nature; and may confer power on AEMO to require a person on whom a right is conferred, or an obligation imposed, under the Procedure— to comply with a guideline, standard or other document of an administrative nature; or to conduct, or submit to, a test designed by AEMO under the Procedures; and may exempt, or confer a power of exemption, from the application of the Procedures or specified provisions of the Procedures; and may contain provisions of a savings or transitional nature.\n(sec.228-ssec.4) AEMO must not, without the consent of the MCE, make Procedures that confer a right or function, or impose an obligation, on the MCE or a Minister of a participating jurisdiction.\n(sec.228-ssec.5) The BB Procedures cannot— create an offence; or provide for a criminal or civil penalty.\n- (a) the matters specified by the Rules;\n- (b) any other matter relevant to the Gas Bulletin Board on which this Law or the Rules contemplate the making of Procedures.\n- (a) may vary according to the persons, times, places or circumstances to which they are expressed to apply; and\n- (b) may confer functions or powers on, or leave any matter or thing to be decided by, AEMO; and\n- (c) may confer rights or impose obligations; and\n- (d) may confer power on AEMO to make or issue guidelines, tests, standards and other documents of an administrative nature; and\n- (e) may confer power on AEMO to require a person on whom a right is conferred, or an obligation imposed, under the Procedure— (i) to comply with a guideline, standard or other document of an administrative nature; or (ii) to conduct, or submit to, a test designed by AEMO under the Procedures; and\n- (i) to comply with a guideline, standard or other document of an administrative nature; or\n- (ii) to conduct, or submit to, a test designed by AEMO under the Procedures; and\n- (f) may exempt, or confer a power of exemption, from the application of the Procedures or specified provisions of the Procedures; and\n- (g) may contain provisions of a savings or transitional nature.\n- (i) to comply with a guideline, standard or other document of an administrative nature; or\n- (ii) to conduct, or submit to, a test designed by AEMO under the Procedures; and\n- (a) create an offence; or\n- (b) provide for a criminal or civil penalty.","sortOrder":573},{"sectionNumber":"sec.228A","sectionType":"section","heading":"Compliance with BB Procedures","content":"### sec.228A Compliance with BB Procedures\n\nAEMO and each person to whom the BB Procedures are applicable must comply with the Procedures.\nIf AEMO has reason to believe that a person is not complying with the BB Procedures, it may, by notice in writing, direct the person to comply with relevant provisions of the BB Procedures.\nA person to whom a direction is addressed under subsection (3) must comply with the direction.\ns 228A ins 2009 No. 30 (SA) s 25\namd 2022 No. 3 (SA) s 35\n(sec.228A-ssec.1) AEMO and each person to whom the BB Procedures are applicable must comply with the Procedures.\n(sec.228A-ssec.3) If AEMO has reason to believe that a person is not complying with the BB Procedures, it may, by notice in writing, direct the person to comply with relevant provisions of the BB Procedures.\n(sec.228A-ssec.4) A person to whom a direction is addressed under subsection (3) must comply with the direction.","sortOrder":574},{"sectionNumber":"ch.7A-pt.1","sectionType":"part","heading":"Standard terms for operational transportation services","content":"# Standard terms for operational transportation services","sortOrder":575},{"sectionNumber":"sec.228B","sectionType":"section","heading":"Transportation service provider to publish standard OTSA","content":"### sec.228B Transportation service provider to publish standard OTSA\n\nA transportation service provider for a transportation facility must, in accordance with the Rules, prepare and publish on its website a form of operational transportation agreement in respect of the transportation facility that complies with the applicable requirements of the Rules and the Operational Transportation Service Code (a standard OTSA ) unless—\nthe provider is exempted from the requirement under this section to prepare and publish a standard OTSA in respect of that transportation facility by or under the Rules; or\nthe provider is exempted by the AER from the requirement under this section in respect of that transportation facility by or under this Law or the Rules.\nA transportation service provider for a transportation facility in respect of which a standard OTSA must be prepared and published under this section must, where required by the Rules or the Operational Transportation Service Code, prepare and publish on its website an amended standard OTSA in respect of the transportation facility.\nA transportation service provider for a transportation facility may, where permitted by the Rules or the Operational Transportation Service Code, prepare and publish on its website an amended standard OTSA in respect of the transportation facility.\ns 228B ins 2018 No. 23 (SA) s 20\n(sec.228B-ssec.1) A transportation service provider for a transportation facility must, in accordance with the Rules, prepare and publish on its website a form of operational transportation agreement in respect of the transportation facility that complies with the applicable requirements of the Rules and the Operational Transportation Service Code (a standard OTSA ) unless— the provider is exempted from the requirement under this section to prepare and publish a standard OTSA in respect of that transportation facility by or under the Rules; or the provider is exempted by the AER from the requirement under this section in respect of that transportation facility by or under this Law or the Rules.\n(sec.228B-ssec.2) A transportation service provider for a transportation facility in respect of which a standard OTSA must be prepared and published under this section must, where required by the Rules or the Operational Transportation Service Code, prepare and publish on its website an amended standard OTSA in respect of the transportation facility.\n(sec.228B-ssec.3) A transportation service provider for a transportation facility may, where permitted by the Rules or the Operational Transportation Service Code, prepare and publish on its website an amended standard OTSA in respect of the transportation facility.\n- (a) the provider is exempted from the requirement under this section to prepare and publish a standard OTSA in respect of that transportation facility by or under the Rules; or\n- (b) the provider is exempted by the AER from the requirement under this section in respect of that transportation facility by or under this Law or the Rules.","sortOrder":576},{"sectionNumber":"sec.228C","sectionType":"section","heading":"Formation of contracts on standard terms","content":"### sec.228C Formation of contracts on standard terms\n\nA transportation service provider for a transportation facility must on request by any person made in respect of the transportation facility—\nmake an offer to enter into the standard OTSA for the transportation facility in accordance with the Rules; and\nif the offer is accepted, enter into the agreement in accordance with the Rules.\nSubsection (1) does not apply to a transportation service provider in respect of a transportation facility—\nif the provider is exempted from compliance with that subsection in respect of that transportation facility in accordance with the Rules; or\nif the provider is exempted by the AER from compliance with that subsection in respect of that transportation facility under this Law or the Rules; or\nin other circumstances specified by the Rules.\nA standard OTSA takes effect as a contract between the transportation service provider and another person when—\nthe other person accepts the transportation service provider’s offer to enter into the standard OTSA and enters into the OTSA; and\nany pre-conditions to the formation of the contract are satisfied.\nA contract formed in accordance with subsection (3) may be amended in accordance with its terms.\nA contract formed in accordance with subsection (3) expires and may be terminated in accordance with its terms.\ns 228C ins 2018 No. 23 (SA) s 20\n(sec.228C-ssec.1) A transportation service provider for a transportation facility must on request by any person made in respect of the transportation facility— make an offer to enter into the standard OTSA for the transportation facility in accordance with the Rules; and if the offer is accepted, enter into the agreement in accordance with the Rules.\n(sec.228C-ssec.2) Subsection (1) does not apply to a transportation service provider in respect of a transportation facility— if the provider is exempted from compliance with that subsection in respect of that transportation facility in accordance with the Rules; or if the provider is exempted by the AER from compliance with that subsection in respect of that transportation facility under this Law or the Rules; or in other circumstances specified by the Rules.\n(sec.228C-ssec.3) A standard OTSA takes effect as a contract between the transportation service provider and another person when— the other person accepts the transportation service provider’s offer to enter into the standard OTSA and enters into the OTSA; and any pre-conditions to the formation of the contract are satisfied.\n(sec.228C-ssec.4) A contract formed in accordance with subsection (3) may be amended in accordance with its terms.\n(sec.228C-ssec.5) A contract formed in accordance with subsection (3) expires and may be terminated in accordance with its terms.\n- (a) make an offer to enter into the standard OTSA for the transportation facility in accordance with the Rules; and\n- (b) if the offer is accepted, enter into the agreement in accordance with the Rules.\n- (a) if the provider is exempted from compliance with that subsection in respect of that transportation facility in accordance with the Rules; or\n- (b) if the provider is exempted by the AER from compliance with that subsection in respect of that transportation facility under this Law or the Rules; or\n- (c) in other circumstances specified by the Rules.\n- (a) the other person accepts the transportation service provider’s offer to enter into the standard OTSA and enters into the OTSA; and\n- (b) any pre-conditions to the formation of the contract are satisfied.","sortOrder":577},{"sectionNumber":"sec.228D","sectionType":"section","heading":"Exemptions from obligations under section 228B or 228C","content":"### sec.228D Exemptions from obligations under section 228B or 228C\n\nA transportation service provider for a transportation facility may request the AER to exempt that person from an obligation imposed under section 228B or 228C in respect of that transportation facility.\nA request under subsection (1) must be made in accordance with the Rules.\nOn receipt of a request under subsection (1) , the AER may, subject to the Rules, grant the person the exemption.\nAn exemption granted under subsection (3) may be subject to such terms and conditions as may be required by the Rules or as the AER considers appropriate in accordance with the Rules.\ns 228D ins 2018 No. 23 (SA) s 20\n(sec.228D-ssec.1) A transportation service provider for a transportation facility may request the AER to exempt that person from an obligation imposed under section 228B or 228C in respect of that transportation facility.\n(sec.228D-ssec.2) A request under subsection (1) must be made in accordance with the Rules.\n(sec.228D-ssec.3) On receipt of a request under subsection (1) , the AER may, subject to the Rules, grant the person the exemption.\n(sec.228D-ssec.4) An exemption granted under subsection (3) may be subject to such terms and conditions as may be required by the Rules or as the AER considers appropriate in accordance with the Rules.","sortOrder":578},{"sectionNumber":"sec.228E","sectionType":"section","heading":"Requirements relating to standard OTSA","content":"### sec.228E Requirements relating to standard OTSA\n\nWithout limiting any other provision, the Rules may make provision for or with respect to such things as—\nthe time and manner of preparation and publication of a standard OTSA; and\nthe form and content of a standard OTSA, including the transportation services that may be available for use under a standard OTSA; and\noffers for, and entry into, a standard OTSA; and\namendments to a standard OTSA and contracts in the form of a standard OTSA; and\nmatters of a savings or transitional nature.\ns 228E ins 2018 No. 23 (SA) s 20\n- (a) the time and manner of preparation and publication of a standard OTSA; and\n- (b) the form and content of a standard OTSA, including the transportation services that may be available for use under a standard OTSA; and\n- (c) offers for, and entry into, a standard OTSA; and\n- (d) amendments to a standard OTSA and contracts in the form of a standard OTSA; and\n- (e) matters of a savings or transitional nature.","sortOrder":579},{"sectionNumber":"sec.228F","sectionType":"section","heading":"Service provider may enter into agreements different from a standard OTSA","content":"### sec.228F Service provider may enter into agreements different from a standard OTSA\n\nSubject to section 83C , nothing in this Law is to be taken as preventing a transportation service provider from entering into an operational transportation service agreement with a transportation facility user or a prospective transportation facility user that is different to a standard OTSA prepared and published by the transportation service provider under section 228B .\ns 228F ins 2018 No. 23 (SA) s 20","sortOrder":580},{"sectionNumber":"ch.7A-pt.2","sectionType":"part","heading":"Operational Transportation Service Code","content":"# Operational Transportation Service Code","sortOrder":581},{"sectionNumber":"sec.228G","sectionType":"section","heading":"Operational Transportation Service Code","content":"### sec.228G Operational Transportation Service Code\n\nThe AER may, in accordance with the Rules—\namend the initial Operational Transportation Service Code; and\nfrom time to time make subsequent amendments to the Code.\ns 228G ins 2018 No. 23 (SA) s 20\n- (a) amend the initial Operational Transportation Service Code; and\n- (b) from time to time make subsequent amendments to the Code.","sortOrder":582},{"sectionNumber":"sec.228H","sectionType":"section","heading":"Nature of the Operational Transportation Service Code","content":"### sec.228H Nature of the Operational Transportation Service Code\n\nThe Operational Transportation Service Code (the Code ) is—\nthe initial Operational Transportation Service Code; or\nif the initial Operational Transportation Service Code is amended under section 228G —that Code as amended and as subsequently amended from time to time under that section.\nThe Code is made under the Rules and specifies the content of, or requirements for the content of, a standard OTSA, including the transportation services that may be provided under a standard OTSA and the terms and conditions applicable to the use of those transportation services.\nThe Code may deal with the following matters:\nthe matters specified by the Rules;\nany other matter relevant to a standard OTSA that this Law or the Rules contemplates being dealt with in the Code.\nThe Code may specify provisions or classes of provisions that—\nconfer rights or impose obligations under a standard OTSA; and\nvary according to the persons, times, places or circumstances to which they are expressed to apply; and\nmust be made by a transportation service provider in accordance with the Rules or Code and incorporated in a standard OTSA; and\nmust not be included in a standard OTSA.\nThe Code may contain provisions of a savings or transitional nature.\nThe AER must not, without the consent of the MCE, make a provision in the Code that confers a right or function, or imposes an obligation, on the MCE or a Minister of a participating jurisdiction.\nThe Code cannot—\ncreate an offence; or\nprovide for a criminal or civil penalty.\ns 228H ins 2018 No. 23 (SA) s 20\n(sec.228H-ssec.1) The Operational Transportation Service Code (the Code ) is— the initial Operational Transportation Service Code; or if the initial Operational Transportation Service Code is amended under section 228G —that Code as amended and as subsequently amended from time to time under that section.\n(sec.228H-ssec.2) The Code is made under the Rules and specifies the content of, or requirements for the content of, a standard OTSA, including the transportation services that may be provided under a standard OTSA and the terms and conditions applicable to the use of those transportation services.\n(sec.228H-ssec.3) The Code may deal with the following matters: the matters specified by the Rules; any other matter relevant to a standard OTSA that this Law or the Rules contemplates being dealt with in the Code.\n(sec.228H-ssec.4) The Code may specify provisions or classes of provisions that— confer rights or impose obligations under a standard OTSA; and vary according to the persons, times, places or circumstances to which they are expressed to apply; and must be made by a transportation service provider in accordance with the Rules or Code and incorporated in a standard OTSA; and must not be included in a standard OTSA.\n(sec.228H-ssec.5) The Code may contain provisions of a savings or transitional nature.\n(sec.228H-ssec.6) The AER must not, without the consent of the MCE, make a provision in the Code that confers a right or function, or imposes an obligation, on the MCE or a Minister of a participating jurisdiction.\n(sec.228H-ssec.7) The Code cannot— create an offence; or provide for a criminal or civil penalty.\n- (a) the initial Operational Transportation Service Code; or\n- (b) if the initial Operational Transportation Service Code is amended under section 228G —that Code as amended and as subsequently amended from time to time under that section.\n- (a) the matters specified by the Rules;\n- (b) any other matter relevant to a standard OTSA that this Law or the Rules contemplates being dealt with in the Code.\n- (a) confer rights or impose obligations under a standard OTSA; and\n- (b) vary according to the persons, times, places or circumstances to which they are expressed to apply; and\n- (c) must be made by a transportation service provider in accordance with the Rules or Code and incorporated in a standard OTSA; and\n- (d) must not be included in a standard OTSA.\n- (a) create an offence; or\n- (b) provide for a criminal or civil penalty.","sortOrder":583},{"sectionNumber":"ch.7A-pt.3","sectionType":"part","heading":"Other matters relating to access to operational transportation services","content":"# Other matters relating to access to operational transportation services","sortOrder":584},{"sectionNumber":"sec.228I","sectionType":"section","heading":"Service requirements may be specified in the Rules","content":"### sec.228I Service requirements may be specified in the Rules\n\nWithout limiting any other provision, the Rules may make provision for or with respect to the following:\nprinciples that must be complied with when preparing terms and conditions for a standard OTSA;\ncharges under a standard OTSA and review of those charges by the AER;\nthe priority to be given to a transportation service;\nthe allocation to zones of points on a transportation facility where transportation services are provided and the provision and use of transportation services using zones;\nthe obligations of transportation service providers with respect to facilitating the operational transfer of transportation capacity;\nthe use of an operational transportation service after termination or suspension of the contract from which the transportation capacity was first derived;\nrequests by a transportation facility user for changes to the point on a transportation facility where covered gas may be injected or withdrawn;\nthe collection, recording and use of information about nominations and renominations for use of transportation services and the scheduling of that use.\ns 228I ins 2018 No. 23 (SA) s 20\namd 2023 No. 36 (SA) s 61\n- (a) principles that must be complied with when preparing terms and conditions for a standard OTSA;\n- (b) charges under a standard OTSA and review of those charges by the AER;\n- (c) the priority to be given to a transportation service;\n- (d) the allocation to zones of points on a transportation facility where transportation services are provided and the provision and use of transportation services using zones;\n- (e) the obligations of transportation service providers with respect to facilitating the operational transfer of transportation capacity;\n- (f) the use of an operational transportation service after termination or suspension of the contract from which the transportation capacity was first derived;\n- (g) requests by a transportation facility user for changes to the point on a transportation facility where covered gas may be injected or withdrawn;\n- (h) the collection, recording and use of information about nominations and renominations for use of transportation services and the scheduling of that use.","sortOrder":585},{"sectionNumber":"sec.228J","sectionType":"section","heading":"When operational transfer must be offered","content":"### sec.228J When operational transfer must be offered\n\nIf a transportation facility user states terms and conditions (the first terms ) on which the user offers to grant to another person a right to use, directly or indirectly, the transportation capacity of the user without arranging for its transfer to the other person, the user must, on request by the person, state the terms and conditions on which the user will arrange for a transfer of the transportation capacity to the person for use under an operational transportation service agreement (the second terms ).\nIf there is a difference in the price stated in the first terms and the second terms, the transportation facility user making the offer must include in the second terms a statement of the reasons for the difference.\ns 228J ins 2018 No. 23 (SA) s 20\n(sec.228J-ssec.1) If a transportation facility user states terms and conditions (the first terms ) on which the user offers to grant to another person a right to use, directly or indirectly, the transportation capacity of the user without arranging for its transfer to the other person, the user must, on request by the person, state the terms and conditions on which the user will arrange for a transfer of the transportation capacity to the person for use under an operational transportation service agreement (the second terms ).\n(sec.228J-ssec.2) If there is a difference in the price stated in the first terms and the second terms, the transportation facility user making the offer must include in the second terms a statement of the reasons for the difference.","sortOrder":586},{"sectionNumber":"sec.228K","sectionType":"section","heading":"Preventing or hindering access to operational transportation services","content":"### sec.228K Preventing or hindering access to operational transportation services\n\nA person who is—\na transportation service provider; or\na transportation facility user; or\nan associate of a transportation service provider or a transportation facility user,\nmust not engage in conduct for the purpose of preventing or hindering the access of another person to an operational transportation service.\nFor the purposes of subsection (1) , a person is deemed to engage in conduct for a particular purpose if—\nthe conduct is or was engaged in for that purpose or for a purpose that includes, or included, that purpose; and\nthat purpose is or was a substantial purpose.\nA person may be taken to have engaged in conduct for the purpose referred to in subsection (1) even though, after all the evidence has been considered, the existence of that purpose is ascertainable only by inference from the conduct of the person or of any other person or from other relevant circumstances.\nSubsection (3) does not limit the manner in which the purpose of a person may be established for the purpose of subsection (1) .\nIn this section—\na reference to engaging in conduct is a reference to doing or refusing to do any act, including the following:\nrefusing to supply a transportation service or an operational transportation service;\nwithout reasonable grounds, limiting or disrupting a transportation service or an operational transportation service or a transfer of transportation capacity;\nmaking, or giving effect to, a provision of a contract or arrangement, arriving at, or giving effect to, a provision of an understanding, or requiring the giving of, or giving, a covenant; and\na reference to refusing to do an act includes a reference to—\nrefraining (otherwise than inadvertently) from doing that act; or\nmaking it known that that act will not be done.\nSubsection (1) does not apply to conduct engaged in in accordance with an agreement (other than conduct in breach of this Law, the Regulations, the Rules or the Procedures), if the agreement was in force on 19 March 2018.\ns 228K ins 2018 No. 23 (SA) s 20\n(sec.228K-ssec.1) A person who is— a transportation service provider; or a transportation facility user; or an associate of a transportation service provider or a transportation facility user, must not engage in conduct for the purpose of preventing or hindering the access of another person to an operational transportation service.\n(sec.228K-ssec.2) For the purposes of subsection (1) , a person is deemed to engage in conduct for a particular purpose if— the conduct is or was engaged in for that purpose or for a purpose that includes, or included, that purpose; and that purpose is or was a substantial purpose.\n(sec.228K-ssec.3) A person may be taken to have engaged in conduct for the purpose referred to in subsection (1) even though, after all the evidence has been considered, the existence of that purpose is ascertainable only by inference from the conduct of the person or of any other person or from other relevant circumstances.\n(sec.228K-ssec.4) Subsection (3) does not limit the manner in which the purpose of a person may be established for the purpose of subsection (1) .\n(sec.228K-ssec.5) In this section— a reference to engaging in conduct is a reference to doing or refusing to do any act, including the following: refusing to supply a transportation service or an operational transportation service; without reasonable grounds, limiting or disrupting a transportation service or an operational transportation service or a transfer of transportation capacity; making, or giving effect to, a provision of a contract or arrangement, arriving at, or giving effect to, a provision of an understanding, or requiring the giving of, or giving, a covenant; and a reference to refusing to do an act includes a reference to— refraining (otherwise than inadvertently) from doing that act; or making it known that that act will not be done.\n(sec.228K-ssec.6) Subsection (1) does not apply to conduct engaged in in accordance with an agreement (other than conduct in breach of this Law, the Regulations, the Rules or the Procedures), if the agreement was in force on 19 March 2018.\n- (a) a transportation service provider; or\n- (b) a transportation facility user; or\n- (c) an associate of a transportation service provider or a transportation facility user,\n- (a) the conduct is or was engaged in for that purpose or for a purpose that includes, or included, that purpose; and\n- (b) that purpose is or was a substantial purpose.\n- (a) a reference to engaging in conduct is a reference to doing or refusing to do any act, including the following: (i) refusing to supply a transportation service or an operational transportation service; (ii) without reasonable grounds, limiting or disrupting a transportation service or an operational transportation service or a transfer of transportation capacity; (iii) making, or giving effect to, a provision of a contract or arrangement, arriving at, or giving effect to, a provision of an understanding, or requiring the giving of, or giving, a covenant; and\n- (i) refusing to supply a transportation service or an operational transportation service;\n- (ii) without reasonable grounds, limiting or disrupting a transportation service or an operational transportation service or a transfer of transportation capacity;\n- (iii) making, or giving effect to, a provision of a contract or arrangement, arriving at, or giving effect to, a provision of an understanding, or requiring the giving of, or giving, a covenant; and\n- (b) a reference to refusing to do an act includes a reference to— (i) refraining (otherwise than inadvertently) from doing that act; or (ii) making it known that that act will not be done.\n- (i) refraining (otherwise than inadvertently) from doing that act; or\n- (ii) making it known that that act will not be done.\n- (i) refusing to supply a transportation service or an operational transportation service;\n- (ii) without reasonable grounds, limiting or disrupting a transportation service or an operational transportation service or a transfer of transportation capacity;\n- (iii) making, or giving effect to, a provision of a contract or arrangement, arriving at, or giving effect to, a provision of an understanding, or requiring the giving of, or giving, a covenant; and\n- (i) refraining (otherwise than inadvertently) from doing that act; or\n- (ii) making it known that that act will not be done.","sortOrder":587},{"sectionNumber":"sec.228L","sectionType":"section","heading":"Transportation service provider providing operational transportation services must not price discriminate","content":"### sec.228L Transportation service provider providing operational transportation services must not price discriminate\n\nA transportation service provider must not engage in price discrimination when providing operational transportation services.\nSubsection (1) does not apply if the transportation service provider engages in price discrimination that is conducive to efficient service provision.\ns 228L ins 2018 No. 23 (SA) s 20\n(sec.228L-ssec.1) A transportation service provider must not engage in price discrimination when providing operational transportation services.\n(sec.228L-ssec.2) Subsection (1) does not apply if the transportation service provider engages in price discrimination that is conducive to efficient service provision.","sortOrder":588},{"sectionNumber":"ch.8-pt.1","sectionType":"part","heading":"Proceedings generally","content":"# Proceedings generally","sortOrder":589},{"sectionNumber":"sec.229","sectionType":"section","heading":"Instituting civil proceedings under this Law","content":"### sec.229 Instituting civil proceedings under this Law\n\nProceedings may not be instituted in a court in respect of a breach of a provision of this Law, the Regulations, Rules or Procedures that is not an offence provision by any person except as provided for in this Chapter.\nThe AER may, in accordance with Chapter 8 Part 2 , institute civil proceedings in respect of a breach of—\na provision of this Law that is not an offence provision (including a provision that is a civil penalty provision or conduct provision); or\na provision of the Regulations that is not an offence provision (including a provision that is a civil penalty provision or conduct provision); or\na provision of the Rules (including a provision that is a civil penalty provision or a conduct provision); or\na provision of the Procedures.\nA person other than the AER may, in accordance with Chapter 8 Part 2 , institute civil proceedings in respect of a breach of a conduct provision.\ns 229 amd 2009 No. 30 (SA) s 26\n(sec.229-ssec.1) Proceedings may not be instituted in a court in respect of a breach of a provision of this Law, the Regulations, Rules or Procedures that is not an offence provision by any person except as provided for in this Chapter.\n(sec.229-ssec.2) The AER may, in accordance with Chapter 8 Part 2 , institute civil proceedings in respect of a breach of— a provision of this Law that is not an offence provision (including a provision that is a civil penalty provision or conduct provision); or a provision of the Regulations that is not an offence provision (including a provision that is a civil penalty provision or conduct provision); or a provision of the Rules (including a provision that is a civil penalty provision or a conduct provision); or a provision of the Procedures.\n(sec.229-ssec.3) A person other than the AER may, in accordance with Chapter 8 Part 2 , institute civil proceedings in respect of a breach of a conduct provision.\n- (a) a provision of this Law that is not an offence provision (including a provision that is a civil penalty provision or conduct provision); or\n- (b) a provision of the Regulations that is not an offence provision (including a provision that is a civil penalty provision or conduct provision); or\n- (c) a provision of the Rules (including a provision that is a civil penalty provision or a conduct provision); or\n- (d) a provision of the Procedures.","sortOrder":590},{"sectionNumber":"sec.230","sectionType":"section","heading":"Time limits within which proceedings may be instituted","content":"### sec.230 Time limits within which proceedings may be instituted\n\nThe AER may only institute a proceeding for a breach, by a person, of a provision of this Law, the Regulations, the Rules or the Procedures that is not an offence provision within 6 years after the date on which the breach occurred.\nA person, other than the AER, may only institute a proceeding for a breach of a conduct provision by another person within 6 years after the date on which the breach occurred.\ns 230 amd 2009 No. 30 (SA) s 27\n(sec.230-ssec.1) The AER may only institute a proceeding for a breach, by a person, of a provision of this Law, the Regulations, the Rules or the Procedures that is not an offence provision within 6 years after the date on which the breach occurred.\n(sec.230-ssec.2) A person, other than the AER, may only institute a proceeding for a breach of a conduct provision by another person within 6 years after the date on which the breach occurred.","sortOrder":591},{"sectionNumber":"ch.8-pt.1A","sectionType":"part","heading":"Enforceable undertakings","content":"# Enforceable undertakings","sortOrder":592},{"sectionNumber":"sec.230A","sectionType":"section","heading":"Enforceable undertakings","content":"### sec.230A Enforceable undertakings\n\nThe AER may accept a written undertaking given by a person for the purposes of this section in connection with a matter in relation to which the AER has a function or power under this Law or the Rules.\nA person may withdraw or vary the undertaking at any time, but only with the consent of the AER.\nIf the AER considers that the person who gave the undertaking has breached any of its terms, the AER may apply to the Court for an order under subsection (4) .\nIf the Court is satisfied that the person has breached a term of the undertaking, the Court may make any or all of the following orders:\nan order directing the person to comply with that term of the undertaking;\nan order directing the person to pay the Commonwealth an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is attributable to the breach;\nan order that the Court considers appropriate directing the person to compensate any other person who has suffered loss or damage as a result of the breach;\nany other order that the Court considers appropriate.\ns 230A ins 2011 No. 7 (SA) s 62\n(sec.230A-ssec.1) The AER may accept a written undertaking given by a person for the purposes of this section in connection with a matter in relation to which the AER has a function or power under this Law or the Rules.\n(sec.230A-ssec.2) A person may withdraw or vary the undertaking at any time, but only with the consent of the AER.\n(sec.230A-ssec.3) If the AER considers that the person who gave the undertaking has breached any of its terms, the AER may apply to the Court for an order under subsection (4) .\n(sec.230A-ssec.4) If the Court is satisfied that the person has breached a term of the undertaking, the Court may make any or all of the following orders: an order directing the person to comply with that term of the undertaking; an order directing the person to pay the Commonwealth an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is attributable to the breach; an order that the Court considers appropriate directing the person to compensate any other person who has suffered loss or damage as a result of the breach; any other order that the Court considers appropriate.\n- (a) an order directing the person to comply with that term of the undertaking;\n- (b) an order directing the person to pay the Commonwealth an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is attributable to the breach;\n- (c) an order that the Court considers appropriate directing the person to compensate any other person who has suffered loss or damage as a result of the breach;\n- (d) any other order that the Court considers appropriate.","sortOrder":593},{"sectionNumber":"ch.8-pt.2","sectionType":"part","heading":"Proceedings for breaches of this Law, Regulations, the Rules or the Procedures","content":"# Proceedings for breaches of this Law, Regulations, the Rules or the Procedures","sortOrder":594},{"sectionNumber":"sec.231","sectionType":"section","heading":"AER proceedings for breaches of this Law, Regulations or the Rules that are not offences","content":"### sec.231 AER proceedings for breaches of this Law, Regulations or the Rules that are not offences\n\nThe Court may make an order, on application by the AER on behalf of the Commonwealth, declaring that a person has breached a provision of this Law, the Regulations, the Rules or the Procedures that is not an offence provision.\nA Supreme Court of a participating jurisdiction that is a State may hear an application by the AER under subsection (1) by operation of section 39 (2) of the Judiciary Act 1903 of the Commonwealth.\nIf the order declares a person has breached a provision of this Law, the Regulations, the Rules or the Procedures that is not an offence provision, the order may include 1 or more of the following:\nan order that the person pay a civil penalty determined in accordance with this Law, the Regulations and the Rules if the breach is a breach of a civil penalty provision;\nan order that the person cease, within a specified period, the act, activity or practice constituting the breach;\nan order that the person take such action, or adopt such practice, as the Court requires for remedying the breach or preventing a recurrence of the breach;\nan order that the person implement a specified program for compliance with this Law, the Regulations, the Rules and the Procedures;\nan order that the person perform a specified service that relates to the breach and that is for the benefit of the community or a section of the community;\nan order that the person, at the person’s expense, engage—\nanother person specified in the order; or\nanother person in a class of persons specified in the order,\nto perform a service that is specified in the order and that relates to the breach and that is for the benefit of the community or a section of the community;\nan order to ensure that the person does not engage in further conduct of the same nature, or similar or related conduct, during the period of the order (which cannot exceed 3 years), including—\nan order that the person establish a compliance program or an education and training program for employees or other persons involved in the person’s business, being a program designed to ensure their awareness of the responsibilities and obligations in relation to the conduct constituting the breach, or similar or related conduct; or\nan order that the person revise the internal operations of the person’s business that led to the person committing the breach;\nan order that the person—\ndisclose, in the way and to the persons specified in the order, specified information, being information that the person has possession of or access to; and\npublish, at the person’s expense and in the way specified in the order, an advertisement in the terms specified in, or determined in accordance with, the order;\nan order of a kind prescribed by the Regulations.\nAn order under paragraph (db) of subsection (2) is not enforceable against a person mentioned in paragraph (db) (i) or (ii) .\nIf a person has engaged, is engaging or is proposing to engage in any conduct in breach of a provision of this Law, the Regulations, the Rules or the Procedures that is not an offence provision, the Court may, on application by the AER on behalf of the Commonwealth, grant an injunction—\nrestraining the person from engaging in the conduct; and\nif, in the Court’s opinion, it is desirable to do so—requiring the person to do something.\nThe power of the Court under subsection (3) to grant an injunction restraining a person from engaging in conduct of a particular kind may be exercised—\nif the Court is satisfied that the person has engaged in conduct of that kind—whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; or\nif it appears to the Court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\ns 231 amd 2009 No. 30 (SA) s 29 ; 2020 No. 37 (SA) s 65 ; 2022 No. 21 (SA) s 76\n(sec.231-ssec.1) The Court may make an order, on application by the AER on behalf of the Commonwealth, declaring that a person has breached a provision of this Law, the Regulations, the Rules or the Procedures that is not an offence provision. A Supreme Court of a participating jurisdiction that is a State may hear an application by the AER under subsection (1) by operation of section 39 (2) of the Judiciary Act 1903 of the Commonwealth.\n(sec.231-ssec.2) If the order declares a person has breached a provision of this Law, the Regulations, the Rules or the Procedures that is not an offence provision, the order may include 1 or more of the following: an order that the person pay a civil penalty determined in accordance with this Law, the Regulations and the Rules if the breach is a breach of a civil penalty provision; an order that the person cease, within a specified period, the act, activity or practice constituting the breach; an order that the person take such action, or adopt such practice, as the Court requires for remedying the breach or preventing a recurrence of the breach; an order that the person implement a specified program for compliance with this Law, the Regulations, the Rules and the Procedures; an order that the person perform a specified service that relates to the breach and that is for the benefit of the community or a section of the community; an order that the person, at the person’s expense, engage— another person specified in the order; or another person in a class of persons specified in the order, to perform a service that is specified in the order and that relates to the breach and that is for the benefit of the community or a section of the community; an order to ensure that the person does not engage in further conduct of the same nature, or similar or related conduct, during the period of the order (which cannot exceed 3 years), including— an order that the person establish a compliance program or an education and training program for employees or other persons involved in the person’s business, being a program designed to ensure their awareness of the responsibilities and obligations in relation to the conduct constituting the breach, or similar or related conduct; or an order that the person revise the internal operations of the person’s business that led to the person committing the breach; an order that the person— disclose, in the way and to the persons specified in the order, specified information, being information that the person has possession of or access to; and publish, at the person’s expense and in the way specified in the order, an advertisement in the terms specified in, or determined in accordance with, the order; an order of a kind prescribed by the Regulations.\n(sec.231-ssec.2a) An order under paragraph (db) of subsection (2) is not enforceable against a person mentioned in paragraph (db) (i) or (ii) .\n(sec.231-ssec.3) If a person has engaged, is engaging or is proposing to engage in any conduct in breach of a provision of this Law, the Regulations, the Rules or the Procedures that is not an offence provision, the Court may, on application by the AER on behalf of the Commonwealth, grant an injunction— restraining the person from engaging in the conduct; and if, in the Court’s opinion, it is desirable to do so—requiring the person to do something.\n(sec.231-ssec.4) The power of the Court under subsection (3) to grant an injunction restraining a person from engaging in conduct of a particular kind may be exercised— if the Court is satisfied that the person has engaged in conduct of that kind—whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; or if it appears to the Court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n- (a) an order that the person pay a civil penalty determined in accordance with this Law, the Regulations and the Rules if the breach is a breach of a civil penalty provision;\n- (b) an order that the person cease, within a specified period, the act, activity or practice constituting the breach;\n- (c) an order that the person take such action, or adopt such practice, as the Court requires for remedying the breach or preventing a recurrence of the breach;\n- (d) an order that the person implement a specified program for compliance with this Law, the Regulations, the Rules and the Procedures;\n- (da) an order that the person perform a specified service that relates to the breach and that is for the benefit of the community or a section of the community;\n- (db) an order that the person, at the person’s expense, engage— (i) another person specified in the order; or (ii) another person in a class of persons specified in the order, to perform a service that is specified in the order and that relates to the breach and that is for the benefit of the community or a section of the community;\n- (i) another person specified in the order; or\n- (ii) another person in a class of persons specified in the order,\n- (dc) an order to ensure that the person does not engage in further conduct of the same nature, or similar or related conduct, during the period of the order (which cannot exceed 3 years), including— (i) an order that the person establish a compliance program or an education and training program for employees or other persons involved in the person’s business, being a program designed to ensure their awareness of the responsibilities and obligations in relation to the conduct constituting the breach, or similar or related conduct; or (ii) an order that the person revise the internal operations of the person’s business that led to the person committing the breach;\n- (i) an order that the person establish a compliance program or an education and training program for employees or other persons involved in the person’s business, being a program designed to ensure their awareness of the responsibilities and obligations in relation to the conduct constituting the breach, or similar or related conduct; or\n- (ii) an order that the person revise the internal operations of the person’s business that led to the person committing the breach;\n- (dd) an order that the person— (i) disclose, in the way and to the persons specified in the order, specified information, being information that the person has possession of or access to; and (ii) publish, at the person’s expense and in the way specified in the order, an advertisement in the terms specified in, or determined in accordance with, the order;\n- (i) disclose, in the way and to the persons specified in the order, specified information, being information that the person has possession of or access to; and\n- (ii) publish, at the person’s expense and in the way specified in the order, an advertisement in the terms specified in, or determined in accordance with, the order;\n- (e) an order of a kind prescribed by the Regulations.\n- (i) another person specified in the order; or\n- (ii) another person in a class of persons specified in the order,\n- (i) an order that the person establish a compliance program or an education and training program for employees or other persons involved in the person’s business, being a program designed to ensure their awareness of the responsibilities and obligations in relation to the conduct constituting the breach, or similar or related conduct; or\n- (ii) an order that the person revise the internal operations of the person’s business that led to the person committing the breach;\n- (i) disclose, in the way and to the persons specified in the order, specified information, being information that the person has possession of or access to; and\n- (ii) publish, at the person’s expense and in the way specified in the order, an advertisement in the terms specified in, or determined in accordance with, the order;\n- (a) restraining the person from engaging in the conduct; and\n- (b) if, in the Court’s opinion, it is desirable to do so—requiring the person to do something.\n- (a) if the Court is satisfied that the person has engaged in conduct of that kind—whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; or\n- (b) if it appears to the Court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.","sortOrder":595},{"sectionNumber":"sec.232","sectionType":"section","heading":"Proceedings for declaration that a person has breached a conduct provision","content":"### sec.232 Proceedings for declaration that a person has breached a conduct provision\n\nThe Court may make an order, on application by a person other than the AER, declaring that another person has breached a conduct provision.\nIf the order declares a person has breached a conduct provision, the order may include 1 or more of the following:\nan order that the person cease, within a specified period, the act, activity or practice constituting the breach;\nan order that the person take such action, or adopt such practice, as the Court requires for remedying the breach or preventing a recurrence of the breach;\nan order that the person implement a specified program for compliance with this Law, the Regulations and the Rules;\nan order of a kind prescribed by the Regulations.\nIf a person has engaged, is engaging or is proposing to engage in any conduct in breach of a conduct provision, the Court may, on application by another person (other than the AER), grant an injunction—\nrestraining the first mentioned person from engaging in the conduct; and\nif, in the Court’s opinion, it is desirable to do so—requiring the first mentioned person to do something.\nThe power of the Court under subsection (3) to grant an injunction restraining a person from engaging in conduct of a particular kind may be exercised—\nif the Court is satisfied that the person has engaged in conduct of that kind—whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; or\nif it appears to the Court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\ns 232 amd 2011 No. 7 (SA) s 63 ; 2020 No. 37 (SA) s 66\n(sec.232-ssec.1) The Court may make an order, on application by a person other than the AER, declaring that another person has breached a conduct provision.\n(sec.232-ssec.2) If the order declares a person has breached a conduct provision, the order may include 1 or more of the following: an order that the person cease, within a specified period, the act, activity or practice constituting the breach; an order that the person take such action, or adopt such practice, as the Court requires for remedying the breach or preventing a recurrence of the breach; an order that the person implement a specified program for compliance with this Law, the Regulations and the Rules; an order of a kind prescribed by the Regulations.\n(sec.232-ssec.3) If a person has engaged, is engaging or is proposing to engage in any conduct in breach of a conduct provision, the Court may, on application by another person (other than the AER), grant an injunction— restraining the first mentioned person from engaging in the conduct; and if, in the Court’s opinion, it is desirable to do so—requiring the first mentioned person to do something.\n(sec.232-ssec.4) The power of the Court under subsection (3) to grant an injunction restraining a person from engaging in conduct of a particular kind may be exercised— if the Court is satisfied that the person has engaged in conduct of that kind—whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; or if it appears to the Court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n- (a) an order that the person cease, within a specified period, the act, activity or practice constituting the breach;\n- (b) an order that the person take such action, or adopt such practice, as the Court requires for remedying the breach or preventing a recurrence of the breach;\n- (c) an order that the person implement a specified program for compliance with this Law, the Regulations and the Rules;\n- (d) an order of a kind prescribed by the Regulations.\n- (a) restraining the first mentioned person from engaging in the conduct; and\n- (b) if, in the Court’s opinion, it is desirable to do so—requiring the first mentioned person to do something.\n- (a) if the Court is satisfied that the person has engaged in conduct of that kind—whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; or\n- (b) if it appears to the Court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.","sortOrder":596},{"sectionNumber":"sec.233","sectionType":"section","heading":"Actions for damages by persons for breach of conduct provision","content":"### sec.233 Actions for damages by persons for breach of conduct provision\n\nA person other than the AER who suffers loss or damage by conduct of another person that was done in breach of a conduct provision may recover the amount of the loss or damage by action against that other person in a court of competent jurisdiction.","sortOrder":597},{"sectionNumber":"ch.8-pt.3","sectionType":"part","heading":"Matters relating to breaches of this Law, the Regulations or the Rules","content":"# Matters relating to breaches of this Law, the Regulations or the Rules","sortOrder":598},{"sectionNumber":"sec.234","sectionType":"section","heading":"Matters for which there must be regard in determining amount of civil penalty","content":"### sec.234 Matters for which there must be regard in determining amount of civil penalty\n\nEvery civil penalty ordered to be paid by a person declared to have breached a provision of this Law, the Regulations or the Rules must be determined having regard to all relevant matters, including—\nthe nature and extent of the breach; and\nthe nature and extent of any loss or damage suffered as a result of the breach; and\nwithout limiting the operation of section 3A (1) (c) (ii) (B) or (C)—the value of any benefit reasonably attributable to the breach that the person or, in the case of a body corporate, any related body corporate, has obtained, directly or indirectly; and\nthe circumstances in which the breach took place; and\nwhether the person has engaged in any similar conduct and been found to have breached a provision of this Law, the Regulations or the Rules in respect of that conduct; and\nwhether the service provider had in place a compliance program approved by the AER or required under the Rules, and if so, whether the service provider has been complying with that program.\ns 234 amd 2020 No. 37 (SA) s 67\n- (a) the nature and extent of the breach; and\n- (b) the nature and extent of any loss or damage suffered as a result of the breach; and\n- (ba) without limiting the operation of section 3A (1) (c) (ii) (B) or (C)—the value of any benefit reasonably attributable to the breach that the person or, in the case of a body corporate, any related body corporate, has obtained, directly or indirectly; and\n- (c) the circumstances in which the breach took place; and\n- (d) whether the person has engaged in any similar conduct and been found to have breached a provision of this Law, the Regulations or the Rules in respect of that conduct; and\n- (e) whether the service provider had in place a compliance program approved by the AER or required under the Rules, and if so, whether the service provider has been complying with that program.","sortOrder":599},{"sectionNumber":"sec.235","sectionType":"section","heading":"Breach of a civil penalty provision is not an offence","content":"### sec.235 Breach of a civil penalty provision is not an offence\n\nA breach of a civil penalty provision is not an offence.","sortOrder":600},{"sectionNumber":"sec.236","sectionType":"section","heading":"Breaches of civil penalty provisions involving continuing failure","content":"### sec.236 Breaches of civil penalty provisions involving continuing failure\n\nFor the purpose of determining the civil penalty for a breach of a civil penalty provision, if the breach consists of a failure to do something that is required to be done, the breach is to be regarded as continuing until the act is done despite the fact that any period within which, or time before which, the act is required to be done has expired or passed.","sortOrder":601},{"sectionNumber":"sec.237","sectionType":"section","heading":"Conduct in breach of more than 1 civil penalty provision","content":"### sec.237 Conduct in breach of more than 1 civil penalty provision\n\nIf the conduct of a person constitutes a breach of 2 or more civil penalty provisions, proceedings may be instituted under this Law against the person in relation to the breach of any 1 or more of those provisions.\nHowever, the person is not liable to more than 1 civil penalty under this Law in respect of the same conduct.\nClause 49 of Schedule 2 to this Law sets out further provisions in relation to double jeopardy.\n(sec.237-ssec.1) If the conduct of a person constitutes a breach of 2 or more civil penalty provisions, proceedings may be instituted under this Law against the person in relation to the breach of any 1 or more of those provisions.\n(sec.237-ssec.2) However, the person is not liable to more than 1 civil penalty under this Law in respect of the same conduct. Clause 49 of Schedule 2 to this Law sets out further provisions in relation to double jeopardy.","sortOrder":602},{"sectionNumber":"sec.238","sectionType":"section","heading":"Persons involved in breach of civil penalty provision or conduct provision","content":"### sec.238 Persons involved in breach of civil penalty provision or conduct provision\n\nA person must not—\naid, abet, counsel or procure a breach of a civil penalty provision or conduct provision by another person; or\nbe in any way directly or indirectly knowingly concerned in, or party to, a breach of a civil penalty provision or conduct provision by another person.\nThis Law applies to a person who breaches subsection (1) in relation to a civil penalty provision or conduct provision as if the person were a person who has breached the civil penalty provision or conduct provision.\n(sec.238-ssec.1) A person must not— aid, abet, counsel or procure a breach of a civil penalty provision or conduct provision by another person; or be in any way directly or indirectly knowingly concerned in, or party to, a breach of a civil penalty provision or conduct provision by another person.\n(sec.238-ssec.2) This Law applies to a person who breaches subsection (1) in relation to a civil penalty provision or conduct provision as if the person were a person who has breached the civil penalty provision or conduct provision.\n- (a) aid, abet, counsel or procure a breach of a civil penalty provision or conduct provision by another person; or\n- (b) be in any way directly or indirectly knowingly concerned in, or party to, a breach of a civil penalty provision or conduct provision by another person.","sortOrder":603},{"sectionNumber":"sec.239","sectionType":"section","heading":"Attempt to breach a civil penalty provision","content":"### sec.239 Attempt to breach a civil penalty provision\n\nA person who attempts to commit a breach of a civil penalty provision commits a breach of that provision.","sortOrder":604},{"sectionNumber":"sec.240","sectionType":"section","heading":"Civil penalties payable to the Commonwealth","content":"### sec.240 Civil penalties payable to the Commonwealth\n\nIf a person is ordered to pay a civil penalty, the penalty is payable to the Commonwealth.","sortOrder":605},{"sectionNumber":"ch.8-pt.4","sectionType":"part","heading":"Judicial review of decisions under this Law, the Regulations and the Rules","content":"# Judicial review of decisions under this Law, the Regulations and the Rules","sortOrder":606},{"sectionNumber":"sec.241","sectionType":"section","heading":"Definition","content":"### sec.241 Definition\n\nIn this Part—\nperson aggrieved includes a person whose interests are adversely affected.","sortOrder":607},{"sectionNumber":"sec.242","sectionType":"section","heading":"Applications for judicial review of decisions of the AEMC","content":"### sec.242 Applications for judicial review of decisions of the AEMC\n\nA person aggrieved by—\na decision or determination of the AEMC under this Law, the Regulations or the Rules; or\na failure by the AEMC to make a decision or determination under this Law, the Regulations or the Rules; or\nconduct engaged in, or proposed to be engaged in, by the AEMC for the purpose of making a decision or determination under this Law, the Regulations or the Rules,\nmay apply to the Court for judicial review of the decision or determination, failure or conduct or proposed conduct.\nThe AER is subject to judicial review under the Administrative Decisions (Judicial Review) Act 1977 of the Commonwealth.\nUnless the Court otherwise orders, the making of an application to the Court under subsection (1) does not affect the operation of the decision or determination referred to in that subsection or prevent the taking of action to implement the decision or determination.\n(sec.242-ssec.1) A person aggrieved by— a decision or determination of the AEMC under this Law, the Regulations or the Rules; or a failure by the AEMC to make a decision or determination under this Law, the Regulations or the Rules; or conduct engaged in, or proposed to be engaged in, by the AEMC for the purpose of making a decision or determination under this Law, the Regulations or the Rules, may apply to the Court for judicial review of the decision or determination, failure or conduct or proposed conduct. The AER is subject to judicial review under the Administrative Decisions (Judicial Review) Act 1977 of the Commonwealth.\n(sec.242-ssec.2) Unless the Court otherwise orders, the making of an application to the Court under subsection (1) does not affect the operation of the decision or determination referred to in that subsection or prevent the taking of action to implement the decision or determination.\n- (a) a decision or determination of the AEMC under this Law, the Regulations or the Rules; or\n- (b) a failure by the AEMC to make a decision or determination under this Law, the Regulations or the Rules; or\n- (c) conduct engaged in, or proposed to be engaged in, by the AEMC for the purpose of making a decision or determination under this Law, the Regulations or the Rules,","sortOrder":608},{"sectionNumber":"sec.243","sectionType":"section","heading":"Applications for judicial review of AEMO’s decisions","content":"### sec.243 Applications for judicial review of AEMO’s decisions\n\nA person aggrieved by—\na decision or determination of AEMO under this Law, the Rules or the Procedures; or\na failure by AEMO to make a decision or determination under this Law, the Rules or the Procedures; or\nconduct engaged in, or proposed to be engaged in, by AEMO for the purpose of making a decision or determination under this Law, the Rules or the Procedures,\nmay apply to the Court for judicial review of the decision or determination, failure, or conduct or proposed conduct.\nUnless the Court otherwise orders, the making of an application to the Court under subsection (1) does not affect the operation of a decision or determination to which the application relates or prevent the taking of action to implement the decision or determination.\ns 243 sub 2009 No. 30 (SA) s 30\n(sec.243-ssec.1) A person aggrieved by— a decision or determination of AEMO under this Law, the Rules or the Procedures; or a failure by AEMO to make a decision or determination under this Law, the Rules or the Procedures; or conduct engaged in, or proposed to be engaged in, by AEMO for the purpose of making a decision or determination under this Law, the Rules or the Procedures, may apply to the Court for judicial review of the decision or determination, failure, or conduct or proposed conduct.\n(sec.243-ssec.2) Unless the Court otherwise orders, the making of an application to the Court under subsection (1) does not affect the operation of a decision or determination to which the application relates or prevent the taking of action to implement the decision or determination.\n- (a) a decision or determination of AEMO under this Law, the Rules or the Procedures; or\n- (b) a failure by AEMO to make a decision or determination under this Law, the Rules or the Procedures; or\n- (c) conduct engaged in, or proposed to be engaged in, by AEMO for the purpose of making a decision or determination under this Law, the Rules or the Procedures,","sortOrder":609},{"sectionNumber":"ch.8-pt.5","sectionType":"part","heading":"Merits review and other non-judicial review","content":"# Merits review and other non-judicial review","sortOrder":610},{"sectionNumber":"ch.8-pt.5-div.1","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":611},{"sectionNumber":"sec.244","sectionType":"section","heading":"Definitions","content":"### sec.244 Definitions\n\nIn this Part—\naffected or interested person or body ...\ns 244 def affected or interested person or body amd 2013 No. 79 (SA) s 22 (1)\nom 2021 No. 3 (SA) s 44 (1)\nAER information disclosure decision ...\ns 244 def AER information disclosure decision om 2009 No. 30 (SA) s 31 (1)\napplicant means—\n(Repealed)\na person who makes an application under section 263 ;\ns 244 def applicant amd 2021 No. 3 (SA) s 44 (2)\naverage annual regulated revenue ...\ns 244 def average annual regulated revenue om 2021 No. 3 (SA) s 44 (3)\ncoverage related light regulation decision ...\ns 244 def coverage related light regulation decision om 2021 No. 3 (SA) s 44 (3)\nend user ...\ns 244 def end user om 2021 No. 3 (SA) s 44 (3)\ninformation disclosure decision means—\na decision to disclose information made by the AER under section 329 ; or\na decision to disclose information made by AEMO under section 91GH .\ns 244 def information disclosure decision ins 2009 No. 30 (SA) s 31 (2)\nintervener ...\ns 244 def intervener om 2021 No. 3 (SA) s 44 (3)\nmaterially preferable designated NGO decision ...\ns 244 def materially preferable designated NGO decision ins 2013 No. 79 (SA) s 22 (2)\nom 2021 No. 3 (SA) s 44 (3)\nNCC recommendation ...\ns 244 def NCC recommendation om 2021 No. 3 (SA) s 44 (3)\noriginal decision maker ...\ns 244 def original decision maker om 2021 No. 3 (SA) s 44 (3)\nregulated revenue ...\ns 244 def regulated revenue om 2021 No. 3 (SA) s 44 (3)\nregulatory period ...\ns 244 def regulatory period om 2021 No. 3 (SA) s 44 (3)\nreview under this Part means a review under Division 3 ;\ns 244 def review under this Part amd 2021 No. 3 (SA) s 44 (4)\nreviewable regulatory decision ...\ns 244 def reviewable regulatory decision amd 2013 No. 79 (SA) s 22 (3)\nom 2021 No. 3 (SA) s 44 (5)\nreviewable regulatory decision process participant ...\ns 244 def reviewable regulatory decision process participant ins 2013 No. 79 (SA) s 22 (4)\nom 2021 No. 3 (SA) s 44 (5)\nsmall/medium user or consumer intervener ...\ns 244 def small/medium user or consumer intervener om 2021 No. 3 (SA) s 44 (5)\nsmall to medium user or end user ...\ns 244 def small to medium user or end user om 2021 No. 3 (SA) s 44 (5)\nuser or consumer association ...\ns 244 def user or consumer association om 2021 No. 3 (SA) s 44 (5)\nuser or consumer interest group ...\ns 244 def user or consumer interest group om 2021 No. 3 (SA) s 44 (5)\nuser or consumer intervener ...\ns 244 def user or consumer intervener om 2021 No. 3 (SA) s 44 (5)\n- (a) (Repealed)\n- (b) a person who makes an application under section 263 ;\n- (a) a decision to disclose information made by the AER under section 329 ; or\n- (b) a decision to disclose information made by AEMO under section 91GH .","sortOrder":612},{"sectionNumber":"ch.8-pt.5-div.2","sectionType":"division","heading":null,"content":"","sortOrder":613},{"sectionNumber":"sec.245","sectionType":"section","heading":null,"content":"### Section sec.245\n\ns 245 om 2021 No. 3 (SA) s 45","sortOrder":614},{"sectionNumber":"sec.246","sectionType":"section","heading":null,"content":"### Section sec.246\n\ns 246 amd 2013 No. 79 (SA) s 23\nom 2021 No. 3 (SA) s 45","sortOrder":615},{"sectionNumber":"sec.247","sectionType":"section","heading":null,"content":"### Section sec.247\n\ns 247 om 2021 No. 3 (SA) s 45","sortOrder":616},{"sectionNumber":"sec.248","sectionType":"section","heading":null,"content":"### Section sec.248\n\ns 248 amd 2013 No. 79 (SA) s 24\nom 2021 No. 3 (SA) s 45","sortOrder":617},{"sectionNumber":"sec.249","sectionType":"section","heading":null,"content":"### Section sec.249\n\ns 249 amd 2013 No. 79 (SA) s 25\nom 2021 No. 3 (SA) s 45","sortOrder":618},{"sectionNumber":"sec.250","sectionType":"section","heading":null,"content":"### Section sec.250\n\ns 250 om 2021 No. 3 (SA) s 45","sortOrder":619},{"sectionNumber":"sec.251","sectionType":"section","heading":null,"content":"### Section sec.251\n\ns 251 om 2021 No. 3 (SA) s 45","sortOrder":620},{"sectionNumber":"sec.252","sectionType":"section","heading":null,"content":"### Section sec.252\n\ns 252 om 2021 No. 3 (SA) s 45","sortOrder":621},{"sectionNumber":"sec.253","sectionType":"section","heading":null,"content":"### Section sec.253\n\ns 253 om 2021 No. 3 (SA) s 45","sortOrder":622},{"sectionNumber":"sec.254","sectionType":"section","heading":null,"content":"### Section sec.254\n\ns 254 amd 2013 No. 79 (SA) s 26\nom 2021 No. 3 (SA) s 45","sortOrder":623},{"sectionNumber":"sec.255","sectionType":"section","heading":null,"content":"### Section sec.255\n\ns 255 om 2021 No. 3 (SA) s 45","sortOrder":624},{"sectionNumber":"sec.256","sectionType":"section","heading":null,"content":"### Section sec.256\n\ns 256 amd 2013 No. 79 (SA) s 27\nom 2021 No. 3 (SA) s 45","sortOrder":625},{"sectionNumber":"sec.257","sectionType":"section","heading":null,"content":"### Section sec.257\n\ns 257 om 2021 No. 3 (SA) s 45","sortOrder":626},{"sectionNumber":"sec.258","sectionType":"section","heading":null,"content":"### Section sec.258\n\ns 258 amd 2013 No. 79 (SA) s 28\nom 2021 No. 3 (SA) s 45","sortOrder":627},{"sectionNumber":"sec.258A","sectionType":"section","heading":null,"content":"### Section sec.258A\n\ns 258A ins 2013 No. 79 (SA) s 29\nom 2021 No. 3 (SA) s 45","sortOrder":628},{"sectionNumber":"sec.259","sectionType":"section","heading":null,"content":"### Section sec.259\n\ns 259 amd 2013 No. 79 (SA) s 30\nom 2021 No. 3 (SA) s 45","sortOrder":629},{"sectionNumber":"sec.260","sectionType":"section","heading":null,"content":"### Section sec.260\n\ns 260 om 2021 No. 3 (SA) s 45","sortOrder":630},{"sectionNumber":"sec.261","sectionType":"section","heading":null,"content":"### Section sec.261\n\ns 261 amd 2013 No. 79 (SA) s 31\nom 2021 No. 3 (SA) s 45","sortOrder":631},{"sectionNumber":"sec.262","sectionType":"section","heading":null,"content":"### Section sec.262\n\ns 262 om 2021 No. 3 (SA) s 45","sortOrder":632},{"sectionNumber":"ch.8-pt.5-div.3","sectionType":"division","heading":"Tribunal review of information disclosure decisions","content":"## Tribunal review of information disclosure decisions","sortOrder":633},{"sectionNumber":"sec.263","sectionType":"section","heading":"Application for review","content":"### sec.263 Application for review\n\nA person whose interests are adversely affected by an information disclosure decision may apply to the Tribunal for a review of the decision.\nAn application must be made in the form and manner determined by the Tribunal.\nAn application may only be made on the ground that—\nthe decision was not made in accordance with law; or\nthe decision is unreasonable having regard to all relevant circumstances.\nThe person must lodge the notice with the Tribunal no later than 5 business days after the date of the last notice given under section 91GH or section 329 (as the case requires).\nAn application under this section stays the operation of the decision until the earlier of—\n20 business days; or\nthe making of a determination by the Tribunal in respect of the application.\ns 263 amd 2009 No. 30 (SA) s 33\n(sec.263-ssec.1) A person whose interests are adversely affected by an information disclosure decision may apply to the Tribunal for a review of the decision.\n(sec.263-ssec.2) An application must be made in the form and manner determined by the Tribunal.\n(sec.263-ssec.3) An application may only be made on the ground that— the decision was not made in accordance with law; or the decision is unreasonable having regard to all relevant circumstances.\n(sec.263-ssec.4) The person must lodge the notice with the Tribunal no later than 5 business days after the date of the last notice given under section 91GH or section 329 (as the case requires).\n(sec.263-ssec.5) An application under this section stays the operation of the decision until the earlier of— 20 business days; or the making of a determination by the Tribunal in respect of the application.\n- (a) the decision was not made in accordance with law; or\n- (b) the decision is unreasonable having regard to all relevant circumstances.\n- (a) 20 business days; or\n- (b) the making of a determination by the Tribunal in respect of the application.","sortOrder":634},{"sectionNumber":"sec.264","sectionType":"section","heading":"Exclusion of public in certain cases","content":"### sec.264 Exclusion of public in certain cases\n\nOn the application of a party to a review under this Division, the Tribunal may conduct the review in the absence of the public.","sortOrder":635},{"sectionNumber":"sec.265","sectionType":"section","heading":"Determination in the review","content":"### sec.265 Determination in the review\n\nSubject to this Part, on receipt of an application under section 263 , the Tribunal must make a determination in respect of the application.\nA determination under this section must only—\naffirm the information disclosure decision; or\nforbid disclosure by the AER or AEMO of the information or document to which the information disclosure decision relates; or\nrestrict, as specified in the determination, the intended disclosure by the AER or AEMO of the information or document to which the information disclosure decision relates.\nFor the purposes of making a determination of the kind in subsection (2) (a) , the Tribunal may perform all the functions and exercise all the powers of the AER or AEMO (as the case requires) under this Law or the Rules.\nA determination by the Tribunal affirming the information disclosure decision, or forbidding or restricting disclosure of information, is, for the purposes of this Law (other than this Part), to be taken to be a decision of the AER or AEMO (as the case requires).\ns 265 amd 2009 No. 30 (SA) s 34\n(sec.265-ssec.1) Subject to this Part, on receipt of an application under section 263 , the Tribunal must make a determination in respect of the application.\n(sec.265-ssec.2) A determination under this section must only— affirm the information disclosure decision; or forbid disclosure by the AER or AEMO of the information or document to which the information disclosure decision relates; or restrict, as specified in the determination, the intended disclosure by the AER or AEMO of the information or document to which the information disclosure decision relates.\n(sec.265-ssec.3) For the purposes of making a determination of the kind in subsection (2) (a) , the Tribunal may perform all the functions and exercise all the powers of the AER or AEMO (as the case requires) under this Law or the Rules.\n(sec.265-ssec.4) A determination by the Tribunal affirming the information disclosure decision, or forbidding or restricting disclosure of information, is, for the purposes of this Law (other than this Part), to be taken to be a decision of the AER or AEMO (as the case requires).\n- (a) affirm the information disclosure decision; or\n- (b) forbid disclosure by the AER or AEMO of the information or document to which the information disclosure decision relates; or\n- (c) restrict, as specified in the determination, the intended disclosure by the AER or AEMO of the information or document to which the information disclosure decision relates.","sortOrder":636},{"sectionNumber":"sec.266","sectionType":"section","heading":"Tribunal must be taken to have affirmed decision if decision not made within time","content":"### sec.266 Tribunal must be taken to have affirmed decision if decision not made within time\n\nThis section applies if the Tribunal does not make a determination under section 265 within 20 business days after an application is lodged under section 263 .\nThe Tribunal must be taken to have made a determination under section 265 affirming the information disclosure decision to which the application relates.\ns 266 amd 2009 No. 30 (SA) s 35\n(sec.266-ssec.1) This section applies if the Tribunal does not make a determination under section 265 within 20 business days after an application is lodged under section 263 .\n(sec.266-ssec.2) The Tribunal must be taken to have made a determination under section 265 affirming the information disclosure decision to which the application relates.","sortOrder":637},{"sectionNumber":"sec.267","sectionType":"section","heading":"Assistance from AER or AEMO","content":"### sec.267 Assistance from AER or AEMO\n\nThe member of the Tribunal presiding in the review may require the AER or AEMO (as the case requires) to give information, to make a report or to give other assistance for the purposes of the review.\ns 267 sub 2009 No. 30 (SA) s 36","sortOrder":638},{"sectionNumber":"ch.8-pt.5-div.4","sectionType":"division","heading":"General","content":"## General","sortOrder":639},{"sectionNumber":"sec.268","sectionType":"section","heading":"Costs in a review","content":"### sec.268 Costs in a review\n\nSubject to this section, the Tribunal may order that a party to a review under this Part pay all or a specified part of the costs of another party to the review.\nThe Tribunal must not make an order requiring the AER or AEMO to pay the costs of another party to the review unless the Tribunal considers that the AER or AEMO has conducted their case in the review without due regard to—\nthe costs that would have to be incurred by another party to the review as a result of that conduct; or\nthe time required by—\nthe Tribunal to hear the review as a result of that conduct; or\nanother party to prepare their case as a result of that conduct; or\n(Repealed)\n(Repealed)\ns 268 amd 2013 No. 79 (SA) s 32 ; 2021 No. 3 (SA) s 46\n(sec.268-ssec.1) Subject to this section, the Tribunal may order that a party to a review under this Part pay all or a specified part of the costs of another party to the review.\n(sec.268-ssec.2) The Tribunal must not make an order requiring the AER or AEMO to pay the costs of another party to the review unless the Tribunal considers that the AER or AEMO has conducted their case in the review without due regard to— the costs that would have to be incurred by another party to the review as a result of that conduct; or the time required by— the Tribunal to hear the review as a result of that conduct; or another party to prepare their case as a result of that conduct; or (Repealed)\n(sec.268-ssec.3) (Repealed)\n- (a) the costs that would have to be incurred by another party to the review as a result of that conduct; or\n- (b) the time required by— (i) the Tribunal to hear the review as a result of that conduct; or (ii) another party to prepare their case as a result of that conduct; or\n- (i) the Tribunal to hear the review as a result of that conduct; or\n- (ii) another party to prepare their case as a result of that conduct; or\n- (c) (Repealed)\n- (i) the Tribunal to hear the review as a result of that conduct; or\n- (ii) another party to prepare their case as a result of that conduct; or","sortOrder":640},{"sectionNumber":"sec.269","sectionType":"section","heading":"Amount of costs","content":"### sec.269 Amount of costs\n\nIf the Tribunal makes an order for costs in a review under this Part, the Tribunal may in that order fix the amount of costs payable by a party to the review on—\na party and party basis; or\na solicitor and client basis; or\nan indemnity basis; or\nany other basis as the Tribunal may decide.\n(Repealed)\ns 269 amd 2013 No. 79 (SA) s 33 ; 2021 No. 3 (SA) s 47\n(sec.269-ssec.1) If the Tribunal makes an order for costs in a review under this Part, the Tribunal may in that order fix the amount of costs payable by a party to the review on— a party and party basis; or a solicitor and client basis; or an indemnity basis; or any other basis as the Tribunal may decide.\n(sec.269-ssec.2) (Repealed)\n- (a) a party and party basis; or\n- (b) a solicitor and client basis; or\n- (c) an indemnity basis; or\n- (d) any other basis as the Tribunal may decide.","sortOrder":641},{"sectionNumber":"sec.269A","sectionType":"section","heading":null,"content":"### Section sec.269A\n\ns 269A ins 2013 No. 79 (SA) s 34\nom 2021 No. 3 (SA) s 48","sortOrder":642},{"sectionNumber":"sec.270","sectionType":"section","heading":null,"content":"### Section sec.270\n\ns 270 amd 2013 No. 79 (SA) s 35\nom 2021 No. 3 (SA) s 48","sortOrder":643},{"sectionNumber":"ch.8-pt.5A","sectionType":"part","heading":"Dispute resolution under the Rules","content":"# Dispute resolution under the Rules","sortOrder":644},{"sectionNumber":"sec.270A","sectionType":"section","heading":null,"content":"### Section sec.270A\n\ns 270A ins 2009 No. 30 (SA) s 37\nom 2021 No. 3 (SA) s 49","sortOrder":645},{"sectionNumber":"sec.270B","sectionType":"section","heading":"Commercial Arbitration Acts to apply to proceedings before Dispute resolution panels","content":"### sec.270B Commercial Arbitration Acts to apply to proceedings before Dispute resolution panels\n\nSubject to the modifications prescribed by the Regulations, the procedural provisions of the Commercial Arbitration Act of this jurisdiction apply to the hearing of a rule dispute and decisions or determinations of a Dispute resolution panel.\nIn this section—\nprocedural provisions of the Commercial Arbitration Act of this jurisdiction means the provisions prescribed by the Regulations for the purposes of this section.\ns 270B ins 2009 No. 30 (SA) s 37\nsub 2021 No. 3 (SA) s 50\n(sec.270B-ssec.1) Subject to the modifications prescribed by the Regulations, the procedural provisions of the Commercial Arbitration Act of this jurisdiction apply to the hearing of a rule dispute and decisions or determinations of a Dispute resolution panel.\n(sec.270B-ssec.2) In this section— procedural provisions of the Commercial Arbitration Act of this jurisdiction means the provisions prescribed by the Regulations for the purposes of this section.","sortOrder":646},{"sectionNumber":"sec.270C","sectionType":"section","heading":"Appeals on questions of law from decisions or determinations of Dispute resolution panels","content":"### sec.270C Appeals on questions of law from decisions or determinations of Dispute resolution panels\n\nA person who is a party to a rule dispute may appeal to the Court, on a question of law, against—\na decision or determination of a Dispute resolution panel; or\na decision that is classified under the Rules as an appealable decision.\nSubject to the modifications prescribed by the Regulations, the review provisions of the Commercial Arbitration Act of this jurisdiction apply to the decision or determination under appeal.\nIn this section—\nreview provisions of the Commercial Arbitration Act of this jurisdiction means the provisions prescribed by the Regulations for the purposes of this section.\ns 270C ins 2009 No. 30 (SA) s 37\namd 2021 No. 3 (SA) s 51\n(sec.270C-ssec.1) A person who is a party to a rule dispute may appeal to the Court, on a question of law, against— a decision or determination of a Dispute resolution panel; or a decision that is classified under the Rules as an appealable decision.\n(sec.270C-ssec.2) Subject to the modifications prescribed by the Regulations, the review provisions of the Commercial Arbitration Act of this jurisdiction apply to the decision or determination under appeal.\n(sec.270C-ssec.3) In this section— review provisions of the Commercial Arbitration Act of this jurisdiction means the provisions prescribed by the Regulations for the purposes of this section.\n- (a) a decision or determination of a Dispute resolution panel; or\n- (b) a decision that is classified under the Rules as an appealable decision.","sortOrder":647},{"sectionNumber":"ch.8-pt.6","sectionType":"part","heading":"Enforcement of access determinations","content":"# Enforcement of access determinations","sortOrder":648},{"sectionNumber":"sec.271","sectionType":"section","heading":"Enforcement of access determinations","content":"### sec.271 Enforcement of access determinations\n\nIf the Court is satisfied, on the application of a party to an access determination, that another party to the determination has engaged, is engaging, or is proposing to engage in conduct that constitutes a contravention of the determination, the Court may make all or any of the following orders:\nan order granting an injunction on such terms as the Court thinks appropriate—\nrestraining the other party from engaging in the conduct; or\nif the conduct involves refusing or failing to do something—requiring the other party to do that thing;\nan order directing the other party to compensate the applicant for loss or damage suffered as a result of the contravention;\nany other order that the Court thinks appropriate.\nThe revocation of an access determination does not affect any remedy under subsection (1) in respect of a contravention of the determination that occurred when the determination was in force.\nIf the Court has power under subsection (1) to grant an injunction restraining a person from engaging in particular conduct, or requiring a person to do anything, the Court may make any other orders (including granting an injunction) that it thinks appropriate against any other person who was involved in the contravention concerned.\nA reference in this section to a person involved in the contravention is a reference to a person who has—\naided, abetted, counselled or procured the contravention; or\ninduced the contravention, whether through threats or promises or otherwise; or\nbeen in any way (directly or indirectly) knowingly concerned in or a party to the contravention; or\nconspired with others to effect the contravention.\ns 271 amd 2017 No. 23 (SA) s 7 ; 2022 No. 21 (SA) s 77\n(sec.271-ssec.1) If the Court is satisfied, on the application of a party to an access determination, that another party to the determination has engaged, is engaging, or is proposing to engage in conduct that constitutes a contravention of the determination, the Court may make all or any of the following orders: an order granting an injunction on such terms as the Court thinks appropriate— restraining the other party from engaging in the conduct; or if the conduct involves refusing or failing to do something—requiring the other party to do that thing; an order directing the other party to compensate the applicant for loss or damage suffered as a result of the contravention; any other order that the Court thinks appropriate.\n(sec.271-ssec.2) The revocation of an access determination does not affect any remedy under subsection (1) in respect of a contravention of the determination that occurred when the determination was in force.\n(sec.271-ssec.3) If the Court has power under subsection (1) to grant an injunction restraining a person from engaging in particular conduct, or requiring a person to do anything, the Court may make any other orders (including granting an injunction) that it thinks appropriate against any other person who was involved in the contravention concerned.\n(sec.271-ssec.4) A reference in this section to a person involved in the contravention is a reference to a person who has— aided, abetted, counselled or procured the contravention; or induced the contravention, whether through threats or promises or otherwise; or been in any way (directly or indirectly) knowingly concerned in or a party to the contravention; or conspired with others to effect the contravention.\n- (a) an order granting an injunction on such terms as the Court thinks appropriate— (i) restraining the other party from engaging in the conduct; or (ii) if the conduct involves refusing or failing to do something—requiring the other party to do that thing;\n- (i) restraining the other party from engaging in the conduct; or\n- (ii) if the conduct involves refusing or failing to do something—requiring the other party to do that thing;\n- (b) an order directing the other party to compensate the applicant for loss or damage suffered as a result of the contravention;\n- (c) any other order that the Court thinks appropriate.\n- (i) restraining the other party from engaging in the conduct; or\n- (ii) if the conduct involves refusing or failing to do something—requiring the other party to do that thing;\n- (a) aided, abetted, counselled or procured the contravention; or\n- (b) induced the contravention, whether through threats or promises or otherwise; or\n- (c) been in any way (directly or indirectly) knowingly concerned in or a party to the contravention; or\n- (d) conspired with others to effect the contravention.","sortOrder":649},{"sectionNumber":"sec.272","sectionType":"section","heading":"Consent injunctions","content":"### sec.272 Consent injunctions\n\nOn an application for an injunction under section 271 , the Court may grant an injunction by consent of all of the parties to the proceedings, whether or not the Court is satisfied that the section applies.","sortOrder":650},{"sectionNumber":"sec.273","sectionType":"section","heading":"Interim injunctions","content":"### sec.273 Interim injunctions\n\nThe Court may grant an interim injunction pending determination of an application under section 271 .","sortOrder":651},{"sectionNumber":"sec.274","sectionType":"section","heading":"Factors relevant to granting a restraining injunction","content":"### sec.274 Factors relevant to granting a restraining injunction\n\nThe power of the Court to grant an injunction under section 271 restraining a person from engaging in conduct may be exercised whether or not—\nit appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; or\nthe person has previously engaged in conduct of that kind; or\nthere is an imminent danger of substantial damage to any person if the first mentioned person engages in conduct of that kind.\n- (a) it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; or\n- (b) the person has previously engaged in conduct of that kind; or\n- (c) there is an imminent danger of substantial damage to any person if the first mentioned person engages in conduct of that kind.","sortOrder":652},{"sectionNumber":"sec.275","sectionType":"section","heading":"Factors relevant to granting a mandatory injunction","content":"### sec.275 Factors relevant to granting a mandatory injunction\n\nThe power of the Court to grant an injunction under section 271 requiring a person to do a thing may be exercised whether or not—\nit appears to the Court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that thing; or\nthe person has previously refused or failed to do that thing; or\nthere is an imminent danger of substantial damage to any person if the first mentioned person refuses or fails to do that thing.\n- (a) it appears to the Court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that thing; or\n- (b) the person has previously refused or failed to do that thing; or\n- (c) there is an imminent danger of substantial damage to any person if the first mentioned person refuses or fails to do that thing.","sortOrder":653},{"sectionNumber":"sec.276","sectionType":"section","heading":"Discharge or variation of injunction or other order","content":"### sec.276 Discharge or variation of injunction or other order\n\nThe Court may discharge or vary an injunction or order granted under this Part.","sortOrder":654},{"sectionNumber":"ch.8-pt.7","sectionType":"part","heading":"Infringement notices","content":"# Infringement notices","sortOrder":655},{"sectionNumber":"sec.277","sectionType":"section","heading":"Power to serve notice","content":"### sec.277 Power to serve notice\n\nThe AER may serve an infringement notice on a person if the AER believes on reasonable grounds that the person has breached a civil penalty provision.\nThe AER must, however, serve an infringement notice not later than 12 months after the date on which the AER forms a belief that there has been a breach of a civil penalty provision.\nAn infringement notice may be served on a natural person—\nby delivering it personally to the person; or\nby sending it by post addressed to the person to their usual or last known place of residence or business.\nAn infringement notice may be served on a person that is a body corporate—\nby delivering it personally to the registered office or usual or last known place of business of the body corporate; or\nby sending it by post addressed to the body corporate to its registered office or usual or last known place of business.\ns 277 amd 2020 No. 37 (SA) s 68\n(sec.277-ssec.1) The AER may serve an infringement notice on a person if the AER believes on reasonable grounds that the person has breached a civil penalty provision.\n(sec.277-ssec.2) The AER must, however, serve an infringement notice not later than 12 months after the date on which the AER forms a belief that there has been a breach of a civil penalty provision.\n(sec.277-ssec.3) An infringement notice may be served on a natural person— by delivering it personally to the person; or by sending it by post addressed to the person to their usual or last known place of residence or business.\n(sec.277-ssec.4) An infringement notice may be served on a person that is a body corporate— by delivering it personally to the registered office or usual or last known place of business of the body corporate; or by sending it by post addressed to the body corporate to its registered office or usual or last known place of business.\n- (a) by delivering it personally to the person; or\n- (b) by sending it by post addressed to the person to their usual or last known place of residence or business.\n- (a) by delivering it personally to the registered office or usual or last known place of business of the body corporate; or\n- (b) by sending it by post addressed to the body corporate to its registered office or usual or last known place of business.","sortOrder":656},{"sectionNumber":"sec.278","sectionType":"section","heading":"Form of notice","content":"### sec.278 Form of notice\n\nAn infringement notice must state—\nthe date of the notice;\nthat the alleged breach is a breach of the civil penalty provision;\nthe nature, and a brief description, of the alleged breach;\nthe date, time and place of the alleged breach;\nthe infringement penalty for the alleged breach;\nthe manner in which the infringement penalty may be paid;\nthe time (being not less than 28 days after the date on which the notice is served) within which the infringement penalty must be paid;\nthat, if the amount of the infringement penalty is paid before the end of the time specified in the notice, proceedings will not be instituted in respect of the alleged breach by the AER unless the notice is withdrawn before the end of that time in accordance with section 282 ;\nthat the person is entitled to disregard the notice and defend any proceedings in respect of the civil penalty provision;\nany other particulars prescribed by the Regulations.\n- (a) the date of the notice;\n- (b) that the alleged breach is a breach of the civil penalty provision;\n- (c) the nature, and a brief description, of the alleged breach;\n- (d) the date, time and place of the alleged breach;\n- (e) the infringement penalty for the alleged breach;\n- (f) the manner in which the infringement penalty may be paid;\n- (g) the time (being not less than 28 days after the date on which the notice is served) within which the infringement penalty must be paid;\n- (h) that, if the amount of the infringement penalty is paid before the end of the time specified in the notice, proceedings will not be instituted in respect of the alleged breach by the AER unless the notice is withdrawn before the end of that time in accordance with section 282 ;\n- (i) that the person is entitled to disregard the notice and defend any proceedings in respect of the civil penalty provision;\n- (j) any other particulars prescribed by the Regulations.","sortOrder":657},{"sectionNumber":"sec.279","sectionType":"section","heading":"Infringement penalties","content":"### sec.279 Infringement penalties\n\nIn this section—\ntier 1 civil penalty provision means a provision with a civil penalty determined under section 3A (1) (c) ;\ntier 2 civil penalty provision means a provision with a civil penalty determined under section 3A (1) (b) ;\ntier 3 civil penalty provision means a provision with a civil penalty determined under section 3A (1) (a) .\nThe infringement penalty for a breach of a civil penalty provision is—\nin the case of a tier 3 civil penalty provision—\nif the breach is alleged to have been committed by a natural person—$6 790 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision;\nif the breach is alleged to have been committed by a body corporate—\nif the AER makes a determination under subsection (3) —$6 790 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision; or\nin any other case—$33 900 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision;\nin the case of a tier 2 or tier 1 civil penalty provision—\nif the breach is alleged to have been committed by a natural person—$13 600 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision;\nif the breach is alleged to have been committed by a body corporate—$67 800 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision.\nIn the case of a body corporate that is not a listed corporation or a body corporate that is subject to the infringement penalty by virtue only of being a related body corporate, the AER may, in a particular case, determine that the infringement penalty to be included in an infringement notice to be issued to the body corporate in relation to an alleged breach of a tier 3 civil penalty provision will be the amount applying under subsection (2) (a) (ii) (A) if the AER considers this to be an appropriate course of action after taking into account—\nthe nature of the alleged breach; and\nthe degree of financial impact on the body corporate if the higher infringement penalty under subsection (2) (a) (ii) (B) were to be imposed; and\nthe extent to which the imposition of the higher infringement penalty would appear to be excessive in the circumstances; and\nany other matter considered relevant by the AER.\nSee Schedule 2 clause 47A, which provides for the amounts specified in this section to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.\ns 279 sub 2020 No. 37 (SA) s 69\n(sec.279-ssec.1) In this section— tier 1 civil penalty provision means a provision with a civil penalty determined under section 3A (1) (c) ; tier 2 civil penalty provision means a provision with a civil penalty determined under section 3A (1) (b) ; tier 3 civil penalty provision means a provision with a civil penalty determined under section 3A (1) (a) .\n(sec.279-ssec.2) The infringement penalty for a breach of a civil penalty provision is— in the case of a tier 3 civil penalty provision— if the breach is alleged to have been committed by a natural person—$6 790 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision; if the breach is alleged to have been committed by a body corporate— if the AER makes a determination under subsection (3) —$6 790 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision; or in any other case—$33 900 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision; in the case of a tier 2 or tier 1 civil penalty provision— if the breach is alleged to have been committed by a natural person—$13 600 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision; if the breach is alleged to have been committed by a body corporate—$67 800 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision.\n(sec.279-ssec.3) In the case of a body corporate that is not a listed corporation or a body corporate that is subject to the infringement penalty by virtue only of being a related body corporate, the AER may, in a particular case, determine that the infringement penalty to be included in an infringement notice to be issued to the body corporate in relation to an alleged breach of a tier 3 civil penalty provision will be the amount applying under subsection (2) (a) (ii) (A) if the AER considers this to be an appropriate course of action after taking into account— the nature of the alleged breach; and the degree of financial impact on the body corporate if the higher infringement penalty under subsection (2) (a) (ii) (B) were to be imposed; and the extent to which the imposition of the higher infringement penalty would appear to be excessive in the circumstances; and any other matter considered relevant by the AER.\n- (a) in the case of a tier 3 civil penalty provision— (i) if the breach is alleged to have been committed by a natural person—$6 790 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision; (ii) if the breach is alleged to have been committed by a body corporate— (A) if the AER makes a determination under subsection (3) —$6 790 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision; or (B) in any other case—$33 900 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision;\n- (i) if the breach is alleged to have been committed by a natural person—$6 790 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision;\n- (ii) if the breach is alleged to have been committed by a body corporate— (A) if the AER makes a determination under subsection (3) —$6 790 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision; or (B) in any other case—$33 900 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision;\n- (A) if the AER makes a determination under subsection (3) —$6 790 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision; or\n- (B) in any other case—$33 900 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision;\n- (b) in the case of a tier 2 or tier 1 civil penalty provision— (i) if the breach is alleged to have been committed by a natural person—$13 600 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision; (ii) if the breach is alleged to have been committed by a body corporate—$67 800 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision.\n- (i) if the breach is alleged to have been committed by a natural person—$13 600 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision;\n- (ii) if the breach is alleged to have been committed by a body corporate—$67 800 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision.\n- (i) if the breach is alleged to have been committed by a natural person—$6 790 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision;\n- (ii) if the breach is alleged to have been committed by a body corporate— (A) if the AER makes a determination under subsection (3) —$6 790 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision; or (B) in any other case—$33 900 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision;\n- (A) if the AER makes a determination under subsection (3) —$6 790 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision; or\n- (B) in any other case—$33 900 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision;\n- (A) if the AER makes a determination under subsection (3) —$6 790 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision; or\n- (B) in any other case—$33 900 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision;\n- (i) if the breach is alleged to have been committed by a natural person—$13 600 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision;\n- (ii) if the breach is alleged to have been committed by a body corporate—$67 800 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision.\n- (a) the nature of the alleged breach; and\n- (b) the degree of financial impact on the body corporate if the higher infringement penalty under subsection (2) (a) (ii) (B) were to be imposed; and\n- (c) the extent to which the imposition of the higher infringement penalty would appear to be excessive in the circumstances; and\n- (d) any other matter considered relevant by the AER.","sortOrder":658},{"sectionNumber":"sec.280","sectionType":"section","heading":"AER cannot institute proceedings while infringement notice on foot","content":"### sec.280 AER cannot institute proceedings while infringement notice on foot\n\nOn serving an infringement notice under this Part, the AER must not institute a proceeding in respect of the breach for which the infringement notice was served if—\nthe time for payment stated in the infringement notice has not expired; and\nthe infringement notice has not been withdrawn by the AER in accordance with section 282 .\n- (a) the time for payment stated in the infringement notice has not expired; and\n- (b) the infringement notice has not been withdrawn by the AER in accordance with section 282 .","sortOrder":659},{"sectionNumber":"sec.281","sectionType":"section","heading":"Late payment of penalty","content":"### sec.281 Late payment of penalty\n\nThe AER may accept payment of the infringement penalty even after the expiration of the time for payment stated in the infringement notice if—\na proceeding has not been instituted in respect of the breach to which the infringement penalty relates; and\nthe infringement notice has not been withdrawn by the AER in accordance with section 282 .\n- (a) a proceeding has not been instituted in respect of the breach to which the infringement penalty relates; and\n- (b) the infringement notice has not been withdrawn by the AER in accordance with section 282 .","sortOrder":660},{"sectionNumber":"sec.282","sectionType":"section","heading":"Withdrawal of notice","content":"### sec.282 Withdrawal of notice\n\nThe AER may withdraw an infringement notice at any time before the end of the time for payment specified in the notice by serving a withdrawal notice on the person served with the infringement notice.\nA withdrawal notice may be served on a natural person—\nby delivering it personally to the person; or\nby sending it by post addressed to the person to their usual or last known place of residence or business.\nA withdrawal notice may be served on a person that is a body corporate—\nby delivering it personally to the registered office or usual or last known place of business of the body corporate; or\nby sending it by post addressed to the body corporate to its registered office or usual or last known place of business.\nAn infringement notice may be withdrawn even if the infringement penalty has been paid.\n(sec.282-ssec.1) The AER may withdraw an infringement notice at any time before the end of the time for payment specified in the notice by serving a withdrawal notice on the person served with the infringement notice.\n(sec.282-ssec.2) A withdrawal notice may be served on a natural person— by delivering it personally to the person; or by sending it by post addressed to the person to their usual or last known place of residence or business.\n(sec.282-ssec.3) A withdrawal notice may be served on a person that is a body corporate— by delivering it personally to the registered office or usual or last known place of business of the body corporate; or by sending it by post addressed to the body corporate to its registered office or usual or last known place of business.\n(sec.282-ssec.4) An infringement notice may be withdrawn even if the infringement penalty has been paid.\n- (a) by delivering it personally to the person; or\n- (b) by sending it by post addressed to the person to their usual or last known place of residence or business.\n- (a) by delivering it personally to the registered office or usual or last known place of business of the body corporate; or\n- (b) by sending it by post addressed to the body corporate to its registered office or usual or last known place of business.","sortOrder":661},{"sectionNumber":"sec.283","sectionType":"section","heading":"Refund of infringement penalty","content":"### sec.283 Refund of infringement penalty\n\nIf an infringement notice is withdrawn in accordance with section 282 , the amount of any infringement penalty paid must be refunded by the AER.","sortOrder":662},{"sectionNumber":"sec.284","sectionType":"section","heading":"Payment expiates breach of civil penalty provision","content":"### sec.284 Payment expiates breach of civil penalty provision\n\nNo proceedings may be taken by the AER against a person on whom an infringement notice was served in respect of an alleged breach of a civil penalty provision if—\nthe infringement penalty is—\npaid within the time for payment stated in the notice; and\nnot withdrawn by the AER within the time for payment stated in the notice in accordance with section 282 ; or\nthe infringement penalty is accepted in accordance with section 281 .\n- (a) the infringement penalty is— (i) paid within the time for payment stated in the notice; and (ii) not withdrawn by the AER within the time for payment stated in the notice in accordance with section 282 ; or\n- (i) paid within the time for payment stated in the notice; and\n- (ii) not withdrawn by the AER within the time for payment stated in the notice in accordance with section 282 ; or\n- (b) the infringement penalty is accepted in accordance with section 281 .\n- (i) paid within the time for payment stated in the notice; and\n- (ii) not withdrawn by the AER within the time for payment stated in the notice in accordance with section 282 ; or","sortOrder":663},{"sectionNumber":"sec.285","sectionType":"section","heading":"Payment not to have certain consequences","content":"### sec.285 Payment not to have certain consequences\n\nThe payment of an infringement penalty under this Part is not and must not be taken to be an admission of a breach of a civil penalty provision or an admission of liability for the purpose of any proceeding instituted in respect of the breach.","sortOrder":664},{"sectionNumber":"sec.286","sectionType":"section","heading":"Conduct in breach of more than 1 civil penalty provision","content":"### sec.286 Conduct in breach of more than 1 civil penalty provision\n\nIf the conduct of a person constitutes a breach of 2 or more civil penalty provisions, an infringement notice may be served on the person under this Part in relation to the breach of any 1 or more of those provisions.\nHowever, the person is not liable to pay more than 1 infringement penalty in respect of the same conduct.\n(sec.286-ssec.1) If the conduct of a person constitutes a breach of 2 or more civil penalty provisions, an infringement notice may be served on the person under this Part in relation to the breach of any 1 or more of those provisions.\n(sec.286-ssec.2) However, the person is not liable to pay more than 1 infringement penalty in respect of the same conduct.","sortOrder":665},{"sectionNumber":"ch.8-pt.8","sectionType":"part","heading":"Further provision for corporate liability for breaches of this Law etc","content":"# Further provision for corporate liability for breaches of this Law etc","sortOrder":666},{"sectionNumber":"sec.287","sectionType":"section","heading":"Definition","content":"### sec.287 Definition\n\nIn this Part—\nbreach provision means an offence provision, a civil penalty provision or a conduct provision.","sortOrder":667},{"sectionNumber":"sec.288","sectionType":"section","heading":"Offences and breaches by corporations","content":"### sec.288 Offences and breaches by corporations\n\nIf a corporation contravenes a breach provision, each officer of the corporation is to be taken to have contravened the breach provision if the officer knowingly authorised or permitted the contravention or breach.\nAn officer of a corporation may be proceeded against under a breach provision pursuant to this section whether or not the corporation has been proceeded against under the provision.\nNothing in this section affects the liability of a corporation for a contravention of a breach provision.\n(sec.288-ssec.1) If a corporation contravenes a breach provision, each officer of the corporation is to be taken to have contravened the breach provision if the officer knowingly authorised or permitted the contravention or breach.\n(sec.288-ssec.2) An officer of a corporation may be proceeded against under a breach provision pursuant to this section whether or not the corporation has been proceeded against under the provision.\n(sec.288-ssec.3) Nothing in this section affects the liability of a corporation for a contravention of a breach provision.","sortOrder":668},{"sectionNumber":"sec.289","sectionType":"section","heading":"Corporations also in breach if officers and employees are in breach","content":"### sec.289 Corporations also in breach if officers and employees are in breach\n\nIf an officer or employee of a corporation commits an act, which is within the scope of the actual or apparent authority of the officer or employee, that would, if that act were committed by the corporation, constitute a breach of a provision of this Law, the Regulations or the Rules, that corporation is to be taken to have contravened that provision.\ns 289 amd 2020 No. 37 (SA) s 70","sortOrder":669},{"sectionNumber":"ch.9-pt.1","sectionType":"part","heading":"General","content":"# General","sortOrder":670},{"sectionNumber":"ch.9-pt.1-div.1","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":671},{"sectionNumber":"sec.290","sectionType":"section","heading":"Definitions","content":"### sec.290 Definitions\n\nIn this Chapter—\nAEMC initiated Rule means a Rule of the kind referred to in section 295 (2) ;\nAEMC Rule review means a review conducted by the AEMC under Chapter 2 Part 2 Division 5 ;\ngas market regulatory body means—\nthe AER;\nAEMO;\nthe ERA;\nREMCo;\na person or body prescribed by Regulation to be a gas market regulatory body;\ns 290 def gas market regulatory body sub 2009 No. 30 (SA) s 38\nGMCo means the Gas Market Company Ltd (ACN 095 400 258);\nmarket initiated proposed Rule means a request for a Rule, including a trial Rule, made under section 295 (1) in respect of which the AEMC publishes a notice under section 303 ;\ns 290 def market initiated proposed Rule amd 2022 No. 22 (SA) s 37 (1)\nmore preferable Rule has the meaning given by section 296 ;\nnon-controversial Rule means a Rule that is unlikely to have a significant effect on a market for gas or the regulation of pipeline services;\nproposed Rule means—\na market initiated proposed Rule; or\na proposal for an AEMC initiated Rule; or\na proposed more preferable Rule;\npublish means—\nin relation to a notice required to be published under this Chapter (except section 294 or 315 )—publish in the South Australian Government Gazette and on the AEMC’s website;\nin relation to a decision under section 301 (2) —publish on the AEMC’s website and make available at the offices of the AEMC;\nin relation to a proposed Rule referred to in section 303 and any other documents prescribed by the Regulations in relation to a proposed Rule referred to in section 303 —publish on the AEMC’s website and make available at the offices of the AEMC;\nin relation to a draft Rule determination or final Rule determination—publish on the AEMC’s website and make available at the offices of the AEMC;\nin relation to a notice setting out requirements imposed under section 314B —publish on the AEMC’s website;\nin relation to any submissions or comments received by the AEMC under this Chapter—subject to section 319 , publish on the AEMC’s website and make available at the offices of the AEMC;\nin relation to a report prepared under section 320 —publish on the AEMC’s website and make available at the offices of the AEMC;\ns 290 def publish amd 2021 No. 3 (SA) s 52 ; 2022 No. 22 (SA) s 37 (2)\nREMCo means the Retail Energy Market Company Ltd (ACN 103 318 556);\ntrial Rule means a Rule for the purposes of a trial project;\ns 290 def trial Rule ins 2022 No. 22 (SA) s 37 (3)\nurgent Rule means a Rule relating to any matter or thing that, if not made as a matter of urgency, will result in that matter or thing imminently prejudicing or threatening—\nthe effective operation or administration of a regulated gas market operated and administered by AEMO; or\nthe supply of gas.\ns 290 def urgent Rule sub 2009 No. 46 (SA) s 19\n- (a) the AER;\n- (b) AEMO;\n- (c) the ERA;\n- (d) REMCo;\n- (e) a person or body prescribed by Regulation to be a gas market regulatory body;\n- (a) a market initiated proposed Rule; or\n- (b) a proposal for an AEMC initiated Rule; or\n- (c) a proposed more preferable Rule;\n- (a) in relation to a notice required to be published under this Chapter (except section 294 or 315 )—publish in the South Australian Government Gazette and on the AEMC’s website;\n- (b) in relation to a decision under section 301 (2) —publish on the AEMC’s website and make available at the offices of the AEMC;\n- (c) in relation to a proposed Rule referred to in section 303 and any other documents prescribed by the Regulations in relation to a proposed Rule referred to in section 303 —publish on the AEMC’s website and make available at the offices of the AEMC;\n- (d) in relation to a draft Rule determination or final Rule determination—publish on the AEMC’s website and make available at the offices of the AEMC;\n- (da) in relation to a notice setting out requirements imposed under section 314B —publish on the AEMC’s website;\n- (e) in relation to any submissions or comments received by the AEMC under this Chapter—subject to section 319 , publish on the AEMC’s website and make available at the offices of the AEMC;\n- (f) in relation to a report prepared under section 320 —publish on the AEMC’s website and make available at the offices of the AEMC;\n- (a) the effective operation or administration of a regulated gas market operated and administered by AEMO; or\n- (b) the supply of gas.","sortOrder":672},{"sectionNumber":"ch.9-pt.1-div.2","sectionType":"division","heading":"Rule making tests","content":"## Rule making tests","sortOrder":673},{"sectionNumber":"sec.291","sectionType":"section","heading":"Application of national gas objective","content":"### sec.291 Application of national gas objective\n\nThe AEMC may only make a Rule if it is satisfied that the Rule will or is likely to contribute to the achievement of the national gas objective.\nFor the purposes of subsection (1) , the AEMC may give such weight to any aspect of the national gas objective as it considers appropriate in all the circumstances, having regard to any relevant MCE statement of policy principles.\n(sec.291-ssec.1) The AEMC may only make a Rule if it is satisfied that the Rule will or is likely to contribute to the achievement of the national gas objective.\n(sec.291-ssec.2) For the purposes of subsection (1) , the AEMC may give such weight to any aspect of the national gas objective as it considers appropriate in all the circumstances, having regard to any relevant MCE statement of policy principles.","sortOrder":674},{"sectionNumber":"sec.292","sectionType":"section","heading":"AEMC must take into account form of regulation factors in certain cases","content":"### sec.292 AEMC must take into account form of regulation factors in certain cases\n\nIn addition to complying with sections 291 and 293 , the AEMC must take into account the form of regulation factors and any other matter the AEMC considers relevant—\nin making a Rule that—\nspecifies a pipeline service as a reference service; or\nconfers a function or power on the AER to specify under an access arrangement decision approving or making an access arrangement a pipeline service (to which the relevant applicable access arrangement applies) as a reference service; or\nin revoking a Rule that has been made or is in force that—\nspecifies a pipeline service as a reference service; or\nconfers a function or power on the AER to specify under an access arrangement decision approving or making an access arrangement a pipeline service (to which the relevant applicable access arrangement applies) as a reference service.\ns 292 amd 2022 No. 21 (SA) s 78\n- (a) in making a Rule that— (i) specifies a pipeline service as a reference service; or (ii) confers a function or power on the AER to specify under an access arrangement decision approving or making an access arrangement a pipeline service (to which the relevant applicable access arrangement applies) as a reference service; or\n- (i) specifies a pipeline service as a reference service; or\n- (ii) confers a function or power on the AER to specify under an access arrangement decision approving or making an access arrangement a pipeline service (to which the relevant applicable access arrangement applies) as a reference service; or\n- (b) in revoking a Rule that has been made or is in force that— (i) specifies a pipeline service as a reference service; or (ii) confers a function or power on the AER to specify under an access arrangement decision approving or making an access arrangement a pipeline service (to which the relevant applicable access arrangement applies) as a reference service.\n- (i) specifies a pipeline service as a reference service; or\n- (ii) confers a function or power on the AER to specify under an access arrangement decision approving or making an access arrangement a pipeline service (to which the relevant applicable access arrangement applies) as a reference service.\n- (i) specifies a pipeline service as a reference service; or\n- (ii) confers a function or power on the AER to specify under an access arrangement decision approving or making an access arrangement a pipeline service (to which the relevant applicable access arrangement applies) as a reference service; or\n- (i) specifies a pipeline service as a reference service; or\n- (ii) confers a function or power on the AER to specify under an access arrangement decision approving or making an access arrangement a pipeline service (to which the relevant applicable access arrangement applies) as a reference service.","sortOrder":675},{"sectionNumber":"sec.293","sectionType":"section","heading":"AEMC must take into account revenue and pricing principles in certain cases","content":"### sec.293 AEMC must take into account revenue and pricing principles in certain cases\n\nIn addition to complying with sections 291 and 292 , the AEMC must take into account the revenue and pricing principles in making a Rule for or with respect to any matter or thing specified in items 45 to 53 of Schedule 1 to this Law.\ns 293 amd 2022 No. 21 (SA) s 79","sortOrder":676},{"sectionNumber":"sec.293A","sectionType":"section","heading":"AEMC must take into account innovative trial principles in certain cases","content":"### sec.293A AEMC must take into account innovative trial principles in certain cases\n\nIn addition to complying with sections 291 to 293 , the AEMC must take into account the innovative trial principles in making a trial Rule.\ns 293A ins 2022 No. 22 (SA) s 38","sortOrder":677},{"sectionNumber":"ch.9-pt.2","sectionType":"part","heading":"Minister initiated National Gas Rules","content":"# Minister initiated National Gas Rules","sortOrder":678},{"sectionNumber":"ch.9-pt.2-div.1","sectionType":"division","heading":"Initial Rules made by Minister","content":"## Initial Rules made by Minister","sortOrder":679},{"sectionNumber":"sec.294","sectionType":"section","heading":"South Australian Minister to make initial National Gas Rules","content":"### sec.294 South Australian Minister to make initial National Gas Rules\n\nThe Minister of the Crown in right of South Australia administering Part 2 of the National Gas (South Australia) Act 2008 of South Australia may make Rules for or with respect to—\nany matter or thing referred to in section 74 and Schedule 1 to this Law;\nmatters of a transitional nature relating to the transition from the old access law and Gas Code to the application of this Law and the Rules.\nIn subsection (1) —\nmatters of a transitional nature include matters of an application or savings nature.\nAs soon as practicable after making Rules under subsection (1) , the Minister referred to in that subsection must—\npublish notice of the making of the Rules in the South Australian Government Gazette; and\nmake the Rules publicly available.\nSection 74 (3) applies to the making of Rules under subsection (1) as if the Rules being made under subsection (1) were Rules being made by the AEMC.\nThe notice referred to in subsection (3) (a) must state—\nthe date on which the Rules commence operation; or\nif different Rules will commence operation on different dates, those dates.\nThe Rules made under subsection (1) may only be made on the recommendation of the MCE.\nIf the Minister referred to in subsection (1) makes Rules under that subsection, the Minister cannot make another Rule under that subsection.\n(sec.294-ssec.1) The Minister of the Crown in right of South Australia administering Part 2 of the National Gas (South Australia) Act 2008 of South Australia may make Rules for or with respect to— any matter or thing referred to in section 74 and Schedule 1 to this Law; matters of a transitional nature relating to the transition from the old access law and Gas Code to the application of this Law and the Rules.\n(sec.294-ssec.2) In subsection (1) — matters of a transitional nature include matters of an application or savings nature.\n(sec.294-ssec.3) As soon as practicable after making Rules under subsection (1) , the Minister referred to in that subsection must— publish notice of the making of the Rules in the South Australian Government Gazette; and make the Rules publicly available.\n(sec.294-ssec.4) Section 74 (3) applies to the making of Rules under subsection (1) as if the Rules being made under subsection (1) were Rules being made by the AEMC.\n(sec.294-ssec.5) The notice referred to in subsection (3) (a) must state— the date on which the Rules commence operation; or if different Rules will commence operation on different dates, those dates.\n(sec.294-ssec.6) The Rules made under subsection (1) may only be made on the recommendation of the MCE.\n(sec.294-ssec.7) If the Minister referred to in subsection (1) makes Rules under that subsection, the Minister cannot make another Rule under that subsection.\n- (a) any matter or thing referred to in section 74 and Schedule 1 to this Law;\n- (b) matters of a transitional nature relating to the transition from the old access law and Gas Code to the application of this Law and the Rules.\n- (a) publish notice of the making of the Rules in the South Australian Government Gazette; and\n- (b) make the Rules publicly available.\n- (a) the date on which the Rules commence operation; or\n- (b) if different Rules will commence operation on different dates, those dates.","sortOrder":680},{"sectionNumber":"sec.294A","sectionType":"section","heading":"South Australian Minister to make initial Rules and Procedures related to AEMO’s functions under this Law","content":"### sec.294A South Australian Minister to make initial Rules and Procedures related to AEMO’s functions under this Law\n\nThe Minister in right of the Crown of South Australia administering Part 2 of the National Gas (South Australia) Act 2008 of South Australia (the South Australian Minister )—\nmay make Rules on any 1 or more of the following subjects:\nAEMO’s statutory functions (including the declared system functions);\nthe subject matter of a new head of power added to Schedule 1 by the AEMO amendments;\nany other subject contemplated by, or consequential on, the AEMO amendments; and\nmay make Wholesale Market Procedures and Retail Market Procedures.\nRules or Procedures may only be made under subsection (1) on the recommendation of the MCE.\nSection 74 (3) applies to Rules made under subsection (1) in the same way as it applies to Rules made by the AEMC.\nSection 91BM (3) and section 91MA (3) apply respectively to Wholesale Market Procedures and Retail Market Procedures made under subsection (1) in the same way as they apply to Procedures made by AEMO.\nAs soon as practicable after making Rules or Procedures under subsection (1) , the South Australian Minister must—\npublish notice of the making of the Rules or Procedures in the South Australian Government Gazette stating the date of commencement or, if they commence at different times, the various dates of commencement; and\nmake the Rules or Procedures publicly available.\nThe South Australian Minister may, by a later notice published in the South Australian Government Gazette, vary a commencement date fixed under subsection (5) (a) or this subsection.\nOnce the first Rules have been made under subsection (1) , no further Rules can be made under that subsection and once the first Procedures have been made for a particular market, no further Procedures for that market can be made under subsection (1) .\nRules in the nature of a derogation may be made under this section even though no request has been made for the derogation.\ns 294A ins 2009 No. 30 (SA) s 39\n(sec.294A-ssec.1) The Minister in right of the Crown of South Australia administering Part 2 of the National Gas (South Australia) Act 2008 of South Australia (the South Australian Minister )— may make Rules on any 1 or more of the following subjects: AEMO’s statutory functions (including the declared system functions); the subject matter of a new head of power added to Schedule 1 by the AEMO amendments; any other subject contemplated by, or consequential on, the AEMO amendments; and may make Wholesale Market Procedures and Retail Market Procedures.\n(sec.294A-ssec.2) Rules or Procedures may only be made under subsection (1) on the recommendation of the MCE.\n(sec.294A-ssec.3) Section 74 (3) applies to Rules made under subsection (1) in the same way as it applies to Rules made by the AEMC.\n(sec.294A-ssec.4) Section 91BM (3) and section 91MA (3) apply respectively to Wholesale Market Procedures and Retail Market Procedures made under subsection (1) in the same way as they apply to Procedures made by AEMO.\n(sec.294A-ssec.5) As soon as practicable after making Rules or Procedures under subsection (1) , the South Australian Minister must— publish notice of the making of the Rules or Procedures in the South Australian Government Gazette stating the date of commencement or, if they commence at different times, the various dates of commencement; and make the Rules or Procedures publicly available.\n(sec.294A-ssec.6) The South Australian Minister may, by a later notice published in the South Australian Government Gazette, vary a commencement date fixed under subsection (5) (a) or this subsection.\n(sec.294A-ssec.7) Once the first Rules have been made under subsection (1) , no further Rules can be made under that subsection and once the first Procedures have been made for a particular market, no further Procedures for that market can be made under subsection (1) .\n(sec.294A-ssec.8) Rules in the nature of a derogation may be made under this section even though no request has been made for the derogation.\n- (a) may make Rules on any 1 or more of the following subjects: (i) AEMO’s statutory functions (including the declared system functions); (ii) the subject matter of a new head of power added to Schedule 1 by the AEMO amendments; (iii) any other subject contemplated by, or consequential on, the AEMO amendments; and\n- (i) AEMO’s statutory functions (including the declared system functions);\n- (ii) the subject matter of a new head of power added to Schedule 1 by the AEMO amendments;\n- (iii) any other subject contemplated by, or consequential on, the AEMO amendments; and\n- (b) may make Wholesale Market Procedures and Retail Market Procedures.\n- (i) AEMO’s statutory functions (including the declared system functions);\n- (ii) the subject matter of a new head of power added to Schedule 1 by the AEMO amendments;\n- (iii) any other subject contemplated by, or consequential on, the AEMO amendments; and\n- (a) publish notice of the making of the Rules or Procedures in the South Australian Government Gazette stating the date of commencement or, if they commence at different times, the various dates of commencement; and\n- (b) make the Rules or Procedures publicly available.","sortOrder":681},{"sectionNumber":"sec.294B","sectionType":"section","heading":"South Australian Minister to make initial Rules related to AEMO’s declared STTM functions","content":"### sec.294B South Australian Minister to make initial Rules related to AEMO’s declared STTM functions\n\nThe Minister in right of the Crown of South Australia administering Part 2 of the National Gas (South Australia) Act 2008 of South Australia (the South Australian Minister ) may make Rules on any 1 or more of the following subjects:\nAEMO’s STTM functions;\nthe subject matter of a new head of power added to Schedule 1 by the STTM amendments;\nany other subject contemplated by, or consequential on, the STTM amendments.\nRules may only be made under subsection (1) on the recommendation of the MCE.\nSection 74 (3) applies to Rules made under subsection (1) in the same way as it applies to Rules made by the AEMC.\nAs soon as practicable after making Rules under subsection (1) , the South Australian Minister must—\npublish notice of the making of the Rules in the South Australian Government Gazette stating the date of commencement or, if they commence at different times, various dates of commencement; and\nmake the Rules publicly available.\nThe South Australian Minister may, by a later notice published in the South Australian Government Gazette, vary a commencement date fixed under subsection (4) (a) or this subsection.\nOnce the first Rules have been made under subsection (1) , no further Rules can be made under that subsection.\nRules in the nature of a derogation may be made under this section even though no request has been made for the derogation.\ns 294B ins 2009 No. 46 (SA) s 12\n(sec.294B-ssec.1) The Minister in right of the Crown of South Australia administering Part 2 of the National Gas (South Australia) Act 2008 of South Australia (the South Australian Minister ) may make Rules on any 1 or more of the following subjects: AEMO’s STTM functions; the subject matter of a new head of power added to Schedule 1 by the STTM amendments; any other subject contemplated by, or consequential on, the STTM amendments.\n(sec.294B-ssec.2) Rules may only be made under subsection (1) on the recommendation of the MCE.\n(sec.294B-ssec.3) Section 74 (3) applies to Rules made under subsection (1) in the same way as it applies to Rules made by the AEMC.\n(sec.294B-ssec.4) As soon as practicable after making Rules under subsection (1) , the South Australian Minister must— publish notice of the making of the Rules in the South Australian Government Gazette stating the date of commencement or, if they commence at different times, various dates of commencement; and make the Rules publicly available.\n(sec.294B-ssec.5) The South Australian Minister may, by a later notice published in the South Australian Government Gazette, vary a commencement date fixed under subsection (4) (a) or this subsection.\n(sec.294B-ssec.6) Once the first Rules have been made under subsection (1) , no further Rules can be made under that subsection.\n(sec.294B-ssec.7) Rules in the nature of a derogation may be made under this section even though no request has been made for the derogation.\n- (a) AEMO’s STTM functions;\n- (b) the subject matter of a new head of power added to Schedule 1 by the STTM amendments;\n- (c) any other subject contemplated by, or consequential on, the STTM amendments.\n- (a) publish notice of the making of the Rules in the South Australian Government Gazette stating the date of commencement or, if they commence at different times, various dates of commencement; and\n- (b) make the Rules publicly available.","sortOrder":682},{"sectionNumber":"sec.294C","sectionType":"section","heading":"South Australian Minister may make initial Rules and Retail Market Procedures relating to implementation of NERL and NERR","content":"### sec.294C South Australian Minister may make initial Rules and Retail Market Procedures relating to implementation of NERL and NERR\n\nThe Minister in right of the Crown of South Australia administering Part 2 of the National Gas (South Australia) Act 2008 of South Australia (the South Australian Minister ) may—\nmake Rules for or with respect to the following:\nretail support obligations between service providers and retailers;\ncredit support arrangements between service providers and retailers;\nthe connection of premises of retail customers;\nany other matter consequential on the making of the National Energy Retail Law or the National Energy Retail Rules or on the application of that Law or those Rules in a participating jurisdiction; and\nmake Retail Market Procedures.\nThe South Australian Minister may make Rules or Retail Market Procedures that amend the Rules or Retail Market Procedures (as the case requires) made under subsection (1) for any purpose that is necessary or consequential on the application of the National Energy Retail Law or the National Energy Retail Rules in a participating jurisdiction.\nSection 74 (3) applies to Rules made under this section in the same way as it applies to Rules made by the AEMC.\nAs soon as practicable after making Rules or Retail Market Procedures under this section, the South Australian Minister must—\npublish notice of the making of the Rules or Procedures in the South Australian Government Gazette; and\nmake the Rules or Procedures publicly available.\nThe notice referred to in subsection (4) (a) must state—\nthe date on which the Rules or Retail Market Procedures commence operation; or\nif different Rules or Procedures will commence operation on different dates, those dates.\nRules or Retail Market Procedures may only be made under this section on the recommendation of the MCE.\nRules or Retail Market Procedures cannot be made under this section once any one of the participating jurisdictions applies the National Energy Retail Law as a law of that jurisdiction.\nA reference in this section to Retail Market Procedures includes a reference to RoLR Procedures within the meaning of Part 6 of the National Energy Retail Law.\ns 294C ins 2011 No. 7 (SA) s 64\n(sec.294C-ssec.1) The Minister in right of the Crown of South Australia administering Part 2 of the National Gas (South Australia) Act 2008 of South Australia (the South Australian Minister ) may— make Rules for or with respect to the following: retail support obligations between service providers and retailers; credit support arrangements between service providers and retailers; the connection of premises of retail customers; any other matter consequential on the making of the National Energy Retail Law or the National Energy Retail Rules or on the application of that Law or those Rules in a participating jurisdiction; and make Retail Market Procedures.\n(sec.294C-ssec.2) The South Australian Minister may make Rules or Retail Market Procedures that amend the Rules or Retail Market Procedures (as the case requires) made under subsection (1) for any purpose that is necessary or consequential on the application of the National Energy Retail Law or the National Energy Retail Rules in a participating jurisdiction.\n(sec.294C-ssec.3) Section 74 (3) applies to Rules made under this section in the same way as it applies to Rules made by the AEMC.\n(sec.294C-ssec.4) As soon as practicable after making Rules or Retail Market Procedures under this section, the South Australian Minister must— publish notice of the making of the Rules or Procedures in the South Australian Government Gazette; and make the Rules or Procedures publicly available.\n(sec.294C-ssec.5) The notice referred to in subsection (4) (a) must state— the date on which the Rules or Retail Market Procedures commence operation; or if different Rules or Procedures will commence operation on different dates, those dates.\n(sec.294C-ssec.6) Rules or Retail Market Procedures may only be made under this section on the recommendation of the MCE.\n(sec.294C-ssec.7) Rules or Retail Market Procedures cannot be made under this section once any one of the participating jurisdictions applies the National Energy Retail Law as a law of that jurisdiction.\n(sec.294C-ssec.8) A reference in this section to Retail Market Procedures includes a reference to RoLR Procedures within the meaning of Part 6 of the National Energy Retail Law.\n- (a) make Rules for or with respect to the following: (i) retail support obligations between service providers and retailers; (ii) credit support arrangements between service providers and retailers; (iii) the connection of premises of retail customers; (iv) any other matter consequential on the making of the National Energy Retail Law or the National Energy Retail Rules or on the application of that Law or those Rules in a participating jurisdiction; and\n- (i) retail support obligations between service providers and retailers;\n- (ii) credit support arrangements between service providers and retailers;\n- (iii) the connection of premises of retail customers;\n- (iv) any other matter consequential on the making of the National Energy Retail Law or the National Energy Retail Rules or on the application of that Law or those Rules in a participating jurisdiction; and\n- (b) make Retail Market Procedures.\n- (i) retail support obligations between service providers and retailers;\n- (ii) credit support arrangements between service providers and retailers;\n- (iii) the connection of premises of retail customers;\n- (iv) any other matter consequential on the making of the National Energy Retail Law or the National Energy Retail Rules or on the application of that Law or those Rules in a participating jurisdiction; and\n- (a) publish notice of the making of the Rules or Procedures in the South Australian Government Gazette; and\n- (b) make the Rules or Procedures publicly available.\n- (a) the date on which the Rules or Retail Market Procedures commence operation; or\n- (b) if different Rules or Procedures will commence operation on different dates, those dates.","sortOrder":683},{"sectionNumber":"sec.294CA","sectionType":"section","heading":"South Australian Minister may make consequential Rules relating to rate of return instrument","content":"### sec.294CA South Australian Minister may make consequential Rules relating to rate of return instrument\n\nThe South Australian Minister may make Rules that revoke or amend a Rule if the revocation or amendment is consequential on the enactment of the Statutes Amendment (National Energy Laws) (Binding Rate of Return Instrument) Act 2018 .\nWithout limiting subsection (1) , the South Australian Minister may make a rule providing that the rate of return on capital under a rate of return instrument in force at the start of a regulatory period applies throughout the period.\nSection 74 (3) applies to Rules made under this section in the same way it applies to Rules made by the AEMC.\nAs soon as practicable after making Rules under this section, the South Australian Minister must—\npublish notice of the making of the Rules in the South Australian Government Gazette; and\nmake the Rules publicly available.\nThe notice referred to in subsection (4) (a) must state—\nthe date on which the Rules commence operation; and\nif different Rules will commence operation on different dates, those dates.\nRules may only be made under this section on the recommendation of the MCE.\nOnce the first Rules have been made under subsection (1) , no further Rules can be made under that subsection.\nIn this section—\nregulatory period means the period specified in an applicable access arrangement to be the regulatory period;\nSouth Australian Minister means the Minister in right of the Crown of South Australia administering Part 2 of the National Gas (South Australia) Act 2008 of South Australia.\ns 294CA ins 2018 No. 33 (SA) s 18\n(sec.294CA-ssec.1) The South Australian Minister may make Rules that revoke or amend a Rule if the revocation or amendment is consequential on the enactment of the Statutes Amendment (National Energy Laws) (Binding Rate of Return Instrument) Act 2018 .\n(sec.294CA-ssec.2) Without limiting subsection (1) , the South Australian Minister may make a rule providing that the rate of return on capital under a rate of return instrument in force at the start of a regulatory period applies throughout the period.\n(sec.294CA-ssec.3) Section 74 (3) applies to Rules made under this section in the same way it applies to Rules made by the AEMC.\n(sec.294CA-ssec.4) As soon as practicable after making Rules under this section, the South Australian Minister must— publish notice of the making of the Rules in the South Australian Government Gazette; and make the Rules publicly available.\n(sec.294CA-ssec.5) The notice referred to in subsection (4) (a) must state— the date on which the Rules commence operation; and if different Rules will commence operation on different dates, those dates.\n(sec.294CA-ssec.6) Rules may only be made under this section on the recommendation of the MCE.\n(sec.294CA-ssec.7) Once the first Rules have been made under subsection (1) , no further Rules can be made under that subsection.\n(sec.294CA-ssec.8) In this section— regulatory period means the period specified in an applicable access arrangement to be the regulatory period; South Australian Minister means the Minister in right of the Crown of South Australia administering Part 2 of the National Gas (South Australia) Act 2008 of South Australia.\n- (a) publish notice of the making of the Rules in the South Australian Government Gazette; and\n- (b) make the Rules publicly available.\n- (a) the date on which the Rules commence operation; and\n- (b) if different Rules will commence operation on different dates, those dates.","sortOrder":684},{"sectionNumber":"sec.294D","sectionType":"section","heading":"South Australian Minister to make initial Rules relating to AEMO’s gas trading exchange functions","content":"### sec.294D South Australian Minister to make initial Rules relating to AEMO’s gas trading exchange functions\n\nThe Minister in right of the Crown of South Australia administering Part 2 of the National Gas (South Australia) Act 2008 (the South Australian Minister ) may make Rules on any 1 or more of the following subjects:\nAEMO’s gas trading exchange functions;\nthe subject matter of a new head of power added to Schedule 1 by the GTE amendments;\nany other subject contemplated by, or consequential on, the GTE amendments.\nRules may only be made under subsection (1) on the recommendation of the MCE.\nSection 74 (3) applies to Rules made under subsection (1) in the same way as it applies to Rules made by the AEMC.\nAs soon as practicable after making Rules under subsection (1) , the South Australian Minister must—\npublish notice of the making of the Rules in the South Australian Government Gazette stating the date of commencement or, if they commence at different times, various dates of commencement; and\nmake the Rules publicly available.\nThe South Australian Minister may, by a later notice published in the South Australian Government Gazette, vary a commencement date fixed under subsection (4) (a) of this subsection.\nOnce the first Rules have been made under subsection (1) , no further Rules can be made under that subsection.\nRules in the nature of a derogation may be made under this section even though no request has been made for the derogation.\ns 294D ins 2013 No. 54 (SA) s 9\n(sec.294D-ssec.1) The Minister in right of the Crown of South Australia administering Part 2 of the National Gas (South Australia) Act 2008 (the South Australian Minister ) may make Rules on any 1 or more of the following subjects: AEMO’s gas trading exchange functions; the subject matter of a new head of power added to Schedule 1 by the GTE amendments; any other subject contemplated by, or consequential on, the GTE amendments.\n(sec.294D-ssec.2) Rules may only be made under subsection (1) on the recommendation of the MCE.\n(sec.294D-ssec.3) Section 74 (3) applies to Rules made under subsection (1) in the same way as it applies to Rules made by the AEMC.\n(sec.294D-ssec.4) As soon as practicable after making Rules under subsection (1) , the South Australian Minister must— publish notice of the making of the Rules in the South Australian Government Gazette stating the date of commencement or, if they commence at different times, various dates of commencement; and make the Rules publicly available.\n(sec.294D-ssec.5) The South Australian Minister may, by a later notice published in the South Australian Government Gazette, vary a commencement date fixed under subsection (4) (a) of this subsection.\n(sec.294D-ssec.6) Once the first Rules have been made under subsection (1) , no further Rules can be made under that subsection.\n(sec.294D-ssec.7) Rules in the nature of a derogation may be made under this section even though no request has been made for the derogation.\n- (a) AEMO’s gas trading exchange functions;\n- (b) the subject matter of a new head of power added to Schedule 1 by the GTE amendments;\n- (c) any other subject contemplated by, or consequential on, the GTE amendments.\n- (a) publish notice of the making of the Rules in the South Australian Government Gazette stating the date of commencement or, if they commence at different times, various dates of commencement; and\n- (b) make the Rules publicly available.","sortOrder":685},{"sectionNumber":"sec.294DA","sectionType":"section","heading":"South Australian Minister to make initial Rules relating to the capacity reforms","content":"### sec.294DA South Australian Minister to make initial Rules relating to the capacity reforms\n\nThe Minister in right of the Crown of South Australia administering Part 2 of the National Gas (South Australia) Act 2008 of South Australia (the South Australian Minister )—\nmay make Rules for or with respect to any one or more of the following subjects:\nthe capacity auction functions of AEMO, the operation of a capacity auction and the activities of transportation service providers and transportation facility users in connection with a capacity auction;\ntransaction support arrangements;\naccess to and the provision of operational transportation services;\nthe making and amendment of an Operational Transportation Service Code;\nthe standard market timetable and the standard gas day;\nthe collection, use, disclosure, copying, recording, management and publication of information in relation to secondary capacity transactions;\nthe collection, use, disclosure, copying, recording, management and publication of information in relation to natural gas or natural gas services from a person who determines the allocation of deliveries or receipts of natural gas;\nthe matters referred to in sections 83B , 83C , 228E and 228I ;\nthe buying and selling of transportation capacity through the gas trading exchange;\nthe subject matter of a new head of power added to Schedule 1 by the Capacity Trading and Auction amendments;\nany other subject contemplated by, or consequential on, the Capacity Trading and Auction amendments; and\nmay make Rules that revoke or amend a Rule as a consequence of the enactment of the Capacity Trading and Auction amendments and any of the Rules referred to in paragraph (a) ; and\nmay make Rules that require a contract (including a contract made in accordance with an access arrangement or an access determination) to be amended as a consequence of the enactment of the Capacity Trading and Auction amendments and any of the Rules referred to in paragraph (a) or (b) ; and\nmay make an Operational Transportation Service Code.\nRules or an Operational Transportation Service Code may only be made under subsection (1) on the recommendation of the MCE.\nSection 74 (3) applies to Rules made under subsection (1) in the same way as it applies to Rules made by the AEMC.\nAs soon as practicable after making Rules or an Operational Transportation Service Code under subsection (1) , the South Australian Minister must—\npublish notice of the making of the Rules or Code in the South Australian Government Gazette; and\nmake the Rules or Code publicly available.\nThe notice referred to in subsection (4) (a) must state—\nthe date on which the Rules or Code commence operation; or\nif different Rules or provisions of the Code will commence operation on different dates, those dates.\nThe South Australian Minister may, by a later notice published in the South Australian Government Gazette, vary a commencement date fixed under subsection (5) .\nOnce the first Rules have been made under subsection (1) , no further Rules can be made under that subsection.\nOnce the first Operational Transportation Service Code has been made under subsection (1) , no further Operational Transportation Service Code can be made under that subsection.\nRules in the nature of a derogation may be made under this section even though no request has been made for the derogation.\nIn this section—\nCapacity Trading and Auction amendments means the amendments made to this Law by the National Gas (South Australia) (Capacity Trading and Auctions) Amendment Act 2018 .\ns 294DA ins 2018 No. 23 (SA) s 21\n(sec.294DA-ssec.1) The Minister in right of the Crown of South Australia administering Part 2 of the National Gas (South Australia) Act 2008 of South Australia (the South Australian Minister )— may make Rules for or with respect to any one or more of the following subjects: the capacity auction functions of AEMO, the operation of a capacity auction and the activities of transportation service providers and transportation facility users in connection with a capacity auction; transaction support arrangements; access to and the provision of operational transportation services; the making and amendment of an Operational Transportation Service Code; the standard market timetable and the standard gas day; the collection, use, disclosure, copying, recording, management and publication of information in relation to secondary capacity transactions; the collection, use, disclosure, copying, recording, management and publication of information in relation to natural gas or natural gas services from a person who determines the allocation of deliveries or receipts of natural gas; the matters referred to in sections 83B , 83C , 228E and 228I ; the buying and selling of transportation capacity through the gas trading exchange; the subject matter of a new head of power added to Schedule 1 by the Capacity Trading and Auction amendments; any other subject contemplated by, or consequential on, the Capacity Trading and Auction amendments; and may make Rules that revoke or amend a Rule as a consequence of the enactment of the Capacity Trading and Auction amendments and any of the Rules referred to in paragraph (a) ; and may make Rules that require a contract (including a contract made in accordance with an access arrangement or an access determination) to be amended as a consequence of the enactment of the Capacity Trading and Auction amendments and any of the Rules referred to in paragraph (a) or (b) ; and may make an Operational Transportation Service Code.\n(sec.294DA-ssec.2) Rules or an Operational Transportation Service Code may only be made under subsection (1) on the recommendation of the MCE.\n(sec.294DA-ssec.3) Section 74 (3) applies to Rules made under subsection (1) in the same way as it applies to Rules made by the AEMC.\n(sec.294DA-ssec.4) As soon as practicable after making Rules or an Operational Transportation Service Code under subsection (1) , the South Australian Minister must— publish notice of the making of the Rules or Code in the South Australian Government Gazette; and make the Rules or Code publicly available.\n(sec.294DA-ssec.5) The notice referred to in subsection (4) (a) must state— the date on which the Rules or Code commence operation; or if different Rules or provisions of the Code will commence operation on different dates, those dates.\n(sec.294DA-ssec.6) The South Australian Minister may, by a later notice published in the South Australian Government Gazette, vary a commencement date fixed under subsection (5) .\n(sec.294DA-ssec.7) Once the first Rules have been made under subsection (1) , no further Rules can be made under that subsection.\n(sec.294DA-ssec.8) Once the first Operational Transportation Service Code has been made under subsection (1) , no further Operational Transportation Service Code can be made under that subsection.\n(sec.294DA-ssec.9) Rules in the nature of a derogation may be made under this section even though no request has been made for the derogation.\n(sec.294DA-ssec.10) In this section— Capacity Trading and Auction amendments means the amendments made to this Law by the National Gas (South Australia) (Capacity Trading and Auctions) Amendment Act 2018 .\n- (a) may make Rules for or with respect to any one or more of the following subjects: (i) the capacity auction functions of AEMO, the operation of a capacity auction and the activities of transportation service providers and transportation facility users in connection with a capacity auction; (ii) transaction support arrangements; (iii) access to and the provision of operational transportation services; (iv) the making and amendment of an Operational Transportation Service Code; (v) the standard market timetable and the standard gas day; (vi) the collection, use, disclosure, copying, recording, management and publication of information in relation to secondary capacity transactions; (vii) the collection, use, disclosure, copying, recording, management and publication of information in relation to natural gas or natural gas services from a person who determines the allocation of deliveries or receipts of natural gas; (viii) the matters referred to in sections 83B , 83C , 228E and 228I ; (ix) the buying and selling of transportation capacity through the gas trading exchange; (x) the subject matter of a new head of power added to Schedule 1 by the Capacity Trading and Auction amendments; (xi) any other subject contemplated by, or consequential on, the Capacity Trading and Auction amendments; and\n- (i) the capacity auction functions of AEMO, the operation of a capacity auction and the activities of transportation service providers and transportation facility users in connection with a capacity auction;\n- (ii) transaction support arrangements;\n- (iii) access to and the provision of operational transportation services;\n- (iv) the making and amendment of an Operational Transportation Service Code;\n- (v) the standard market timetable and the standard gas day;\n- (vi) the collection, use, disclosure, copying, recording, management and publication of information in relation to secondary capacity transactions;\n- (vii) the collection, use, disclosure, copying, recording, management and publication of information in relation to natural gas or natural gas services from a person who determines the allocation of deliveries or receipts of natural gas;\n- (viii) the matters referred to in sections 83B , 83C , 228E and 228I ;\n- (ix) the buying and selling of transportation capacity through the gas trading exchange;\n- (x) the subject matter of a new head of power added to Schedule 1 by the Capacity Trading and Auction amendments;\n- (xi) any other subject contemplated by, or consequential on, the Capacity Trading and Auction amendments; and\n- (b) may make Rules that revoke or amend a Rule as a consequence of the enactment of the Capacity Trading and Auction amendments and any of the Rules referred to in paragraph (a) ; and\n- (c) may make Rules that require a contract (including a contract made in accordance with an access arrangement or an access determination) to be amended as a consequence of the enactment of the Capacity Trading and Auction amendments and any of the Rules referred to in paragraph (a) or (b) ; and\n- (d) may make an Operational Transportation Service Code.\n- (i) the capacity auction functions of AEMO, the operation of a capacity auction and the activities of transportation service providers and transportation facility users in connection with a capacity auction;\n- (ii) transaction support arrangements;\n- (iii) access to and the provision of operational transportation services;\n- (iv) the making and amendment of an Operational Transportation Service Code;\n- (v) the standard market timetable and the standard gas day;\n- (vi) the collection, use, disclosure, copying, recording, management and publication of information in relation to secondary capacity transactions;\n- (vii) the collection, use, disclosure, copying, recording, management and publication of information in relation to natural gas or natural gas services from a person who determines the allocation of deliveries or receipts of natural gas;\n- (viii) the matters referred to in sections 83B , 83C , 228E and 228I ;\n- (ix) the buying and selling of transportation capacity through the gas trading exchange;\n- (x) the subject matter of a new head of power added to Schedule 1 by the Capacity Trading and Auction amendments;\n- (xi) any other subject contemplated by, or consequential on, the Capacity Trading and Auction amendments; and\n- (a) publish notice of the making of the Rules or Code in the South Australian Government Gazette; and\n- (b) make the Rules or Code publicly available.\n- (a) the date on which the Rules or Code commence operation; or\n- (b) if different Rules or provisions of the Code will commence operation on different dates, those dates.","sortOrder":686},{"sectionNumber":"sec.294E","sectionType":"section","heading":"South Australian Minister to make initial Rules relating to Energy Consumers Australia","content":"### sec.294E South Australian Minister to make initial Rules relating to Energy Consumers Australia\n\nThe Minister in right of the Crown of South Australia administering Part 2 of the National Gas (South Australia) Act 2008 (the South Australian Minister ) may make Rules—\nfor or with respect to Energy Consumers Australia (including provisions for its funding); and\nfor or with respect to any other subject contemplated by, or consequential on, the ECA amendments; and\nthat revoke or amend a Rule as a consequence of the enactment of the ECA amendments.\nSection 74 (3) applies to Rules made under subsection (1) in the same way as it applies to Rules made by the AEMC.\nAs soon as practicable after making Rules under subsection (1) , the South Australian Minister must—\npublish notice of the making of the Rules in the South Australian Government Gazette; and\nmake the Rules publicly available.\nThe notice referred to in subsection (3) (a) must state—\nthe date on which the Rules commence operation; or\nif different Rules will commence operation on different dates, those dates.\nThe Rules made under subsection (1) may only be made on the recommendation of the MCE.\nOnce the first Rules have been made under subsection (1) , no further Rules can be made under that subsection.\ns 294E ins 2014 No. 21 (SA) s 27\n(sec.294E-ssec.1) The Minister in right of the Crown of South Australia administering Part 2 of the National Gas (South Australia) Act 2008 (the South Australian Minister ) may make Rules— for or with respect to Energy Consumers Australia (including provisions for its funding); and for or with respect to any other subject contemplated by, or consequential on, the ECA amendments; and that revoke or amend a Rule as a consequence of the enactment of the ECA amendments.\n(sec.294E-ssec.2) Section 74 (3) applies to Rules made under subsection (1) in the same way as it applies to Rules made by the AEMC.\n(sec.294E-ssec.3) As soon as practicable after making Rules under subsection (1) , the South Australian Minister must— publish notice of the making of the Rules in the South Australian Government Gazette; and make the Rules publicly available.\n(sec.294E-ssec.4) The notice referred to in subsection (3) (a) must state— the date on which the Rules commence operation; or if different Rules will commence operation on different dates, those dates.\n(sec.294E-ssec.5) The Rules made under subsection (1) may only be made on the recommendation of the MCE.\n(sec.294E-ssec.6) Once the first Rules have been made under subsection (1) , no further Rules can be made under that subsection.\n- (a) for or with respect to Energy Consumers Australia (including provisions for its funding); and\n- (b) for or with respect to any other subject contemplated by, or consequential on, the ECA amendments; and\n- (c) that revoke or amend a Rule as a consequence of the enactment of the ECA amendments.\n- (a) publish notice of the making of the Rules in the South Australian Government Gazette; and\n- (b) make the Rules publicly available.\n- (a) the date on which the Rules commence operation; or\n- (b) if different Rules will commence operation on different dates, those dates.","sortOrder":687},{"sectionNumber":"sec.294EA","sectionType":"section","heading":"South Australian Minister to make initial Rules relating to regulatory sandboxing","content":"### sec.294EA South Australian Minister to make initial Rules relating to regulatory sandboxing\n\nThe Minister in right of the Crown of South Australia administering Part 2 of the National Gas (South Australia) Act 2008 of South Australia (the South Australian Minister ) may make Rules—\nfor or with respect to—\nthe regulatory sandboxing amendments; and\nany other subject contemplated by, or necessary or expedient for the regulatory sandboxing amendments; and\nthat revoke or amend a Rule as a consequence of the enactment of the regulatory sandboxing amendments.\nSection 74 (3) applies to Rules made under subsection (1) in the same way as it applies to Rules made by the AEMC.\nAs soon as practicable after making Rules under this section, the South Australian Minister must—\npublish notice of the making of the Rules in the South Australian Government Gazette; and\nmake the Rules publicly available.\nThe notice referred to in subsection (3) (a) must state—\nthe date on which the Rules commence operation; or\nif different Rules will commence operation on different dates, those dates.\nRules may only be made under subsection (1) on the recommendation of the MCE.\nOnce the first Rules have been made under subsection (1) , no further Rules can be made under that subsection.\nIn this section—\nregulatory sandboxing amendments means the amendments made to this Law by the Statutes Amendment (National Energy Laws) (Regulatory Sandboxing) Act 2022 .\ns 294EA ins 2022 No. 22 (SA) s 39\n(sec.294EA-ssec.1) The Minister in right of the Crown of South Australia administering Part 2 of the National Gas (South Australia) Act 2008 of South Australia (the South Australian Minister ) may make Rules— for or with respect to— the regulatory sandboxing amendments; and any other subject contemplated by, or necessary or expedient for the regulatory sandboxing amendments; and that revoke or amend a Rule as a consequence of the enactment of the regulatory sandboxing amendments.\n(sec.294EA-ssec.2) Section 74 (3) applies to Rules made under subsection (1) in the same way as it applies to Rules made by the AEMC.\n(sec.294EA-ssec.3) As soon as practicable after making Rules under this section, the South Australian Minister must— publish notice of the making of the Rules in the South Australian Government Gazette; and make the Rules publicly available.\n(sec.294EA-ssec.4) The notice referred to in subsection (3) (a) must state— the date on which the Rules commence operation; or if different Rules will commence operation on different dates, those dates.\n(sec.294EA-ssec.5) Rules may only be made under subsection (1) on the recommendation of the MCE.\n(sec.294EA-ssec.6) Once the first Rules have been made under subsection (1) , no further Rules can be made under that subsection.\n(sec.294EA-ssec.7) In this section— regulatory sandboxing amendments means the amendments made to this Law by the Statutes Amendment (National Energy Laws) (Regulatory Sandboxing) Act 2022 .\n- (a) for or with respect to— (i) the regulatory sandboxing amendments; and (ii) any other subject contemplated by, or necessary or expedient for the regulatory sandboxing amendments; and\n- (i) the regulatory sandboxing amendments; and\n- (ii) any other subject contemplated by, or necessary or expedient for the regulatory sandboxing amendments; and\n- (b) that revoke or amend a Rule as a consequence of the enactment of the regulatory sandboxing amendments.\n- (i) the regulatory sandboxing amendments; and\n- (ii) any other subject contemplated by, or necessary or expedient for the regulatory sandboxing amendments; and\n- (a) publish notice of the making of the Rules in the South Australian Government Gazette; and\n- (b) make the Rules publicly available.\n- (a) the date on which the Rules commence operation; or\n- (b) if different Rules will commence operation on different dates, those dates.","sortOrder":688},{"sectionNumber":"sec.294F","sectionType":"section","heading":"South Australian Minister to make initial Rules relating to access to non-scheme pipelines","content":"### sec.294F South Australian Minister to make initial Rules relating to access to non-scheme pipelines\n\nThe Minister in right of the Crown of South Australia administering Part 2 of the National Gas (South Australia) Act 2008 of South Australia (the South Australian Minister ) may make Rules on any 1 or more of the following subjects:\naccess proposals, access disputes and arbitrations under Chapter 6A ;\nthe subject matter of a new head power added to Schedule 1 by the Pipelines Access/Arbitration amendments;\nany other subject contemplated by, or consequential on, the Pipelines Access/Arbitration amendments.\nRules may only be made under subsection (1) on the recommendation of the MCE.\nSection 74 (3) applies to Rules made under subsection (1) in the same way as it applies to Rules made by the AEMC.\nAs soon as practicable after making Rules under subsection (1) , the South Australian Minister must—\npublish notice of the making of the Rules in the South Australian Government Gazette stating the date of commencement or, if they commence at different times, various dates of commencement; and\nmaking the Rules publicly available.\nThe South Australian Minister may, by a later notice published in the South Australian Government Gazette, vary a commencement date fixed under subsection (4) (a) or this subsection.\nOnce the first Rules have been made under subsection (1) , no further Rules can be made under that subsection.\nRules in the nature of a derogation may be made under this section even though no request has been made for the derogation.\nIn this section—\nPipelines Access/Arbitration amendments means the amendments made to this Law by the National Gas (South Australia) (Pipelines Access—Arbitration) Amendment Act 2017 .\ns 294F ins 2017 No. 23 (SA) s 8\n(sec.294F-ssec.1) The Minister in right of the Crown of South Australia administering Part 2 of the National Gas (South Australia) Act 2008 of South Australia (the South Australian Minister ) may make Rules on any 1 or more of the following subjects: access proposals, access disputes and arbitrations under Chapter 6A ; the subject matter of a new head power added to Schedule 1 by the Pipelines Access/Arbitration amendments; any other subject contemplated by, or consequential on, the Pipelines Access/Arbitration amendments.\n(sec.294F-ssec.2) Rules may only be made under subsection (1) on the recommendation of the MCE.\n(sec.294F-ssec.3) Section 74 (3) applies to Rules made under subsection (1) in the same way as it applies to Rules made by the AEMC.\n(sec.294F-ssec.4) As soon as practicable after making Rules under subsection (1) , the South Australian Minister must— publish notice of the making of the Rules in the South Australian Government Gazette stating the date of commencement or, if they commence at different times, various dates of commencement; and making the Rules publicly available.\n(sec.294F-ssec.5) The South Australian Minister may, by a later notice published in the South Australian Government Gazette, vary a commencement date fixed under subsection (4) (a) or this subsection.\n(sec.294F-ssec.6) Once the first Rules have been made under subsection (1) , no further Rules can be made under that subsection.\n(sec.294F-ssec.7) Rules in the nature of a derogation may be made under this section even though no request has been made for the derogation.\n(sec.294F-ssec.8) In this section— Pipelines Access/Arbitration amendments means the amendments made to this Law by the National Gas (South Australia) (Pipelines Access—Arbitration) Amendment Act 2017 .\n- (a) access proposals, access disputes and arbitrations under Chapter 6A ;\n- (b) the subject matter of a new head power added to Schedule 1 by the Pipelines Access/Arbitration amendments;\n- (c) any other subject contemplated by, or consequential on, the Pipelines Access/Arbitration amendments.\n- (a) publish notice of the making of the Rules in the South Australian Government Gazette stating the date of commencement or, if they commence at different times, various dates of commencement; and\n- (b) making the Rules publicly available.","sortOrder":689},{"sectionNumber":"sec.294FA","sectionType":"section","heading":"South Australian Minister to make initial Rules relating to enhanced market transparency","content":"### sec.294FA South Australian Minister to make initial Rules relating to enhanced market transparency\n\nThe Minister in right of the Crown of South Australia administering Part 2 of the National Gas (South Australia) Act 2008 (the South Australian Minister ) may make Rules—\nfor or with respect to any 1 or more of the following subjects:\nthe AER gas price reporting functions;\nthe Natural Gas Services Bulletin Board;\nthe collection and use of information for, or the content of, the gas statement of opportunities;\nthe subject matter of a new head power added to Schedule 1 by the market transparency amendments;\nany other subject contemplated by, or consequential on, the market transparency amendments; and\nthat revoke or amend a Rule as a consequence of the market transparency amendments and any of the Rules referred to in paragraph (a).\nRules may only be made under subsection (1) on the recommendation of the MCE.\nSection 74(3) applies to the Rules made under subsection (1) in the same way as it applies to Rules made by the AEMC.\nAs soon as practicable after making Rules under subsection (1), the South Australian Minister must—\npublish a notice of the making of the Rules in the South Australian Government Gazette; and\nmake the Rules publicly available.\nThe notice referred to in subsection (4)(a) must state—\nthe date on which the Rules commence operation; and\nif different Rules will commence operation on different dates, those dates.\nThe Minister may, by a later notice published in the South Australian Government Gazette, vary a commencement date fixed under subsection (5).\nOnce the first Rules have been made under subsection (1), no further Rules can be made under that subsection.\nRules in the nature of a derogation may be made under this section even though no request has been made for the derogation.\nIn this section—\nmarket transparency amendments means the amendments made to this Law by the National Gas (South Australia) (Market Transparency) Amendment Act 2022 .\ns 294FA ins 2022 No. 3 (SA) s 36\n(sec.294FA-ssec.1) The Minister in right of the Crown of South Australia administering Part 2 of the National Gas (South Australia) Act 2008 (the South Australian Minister ) may make Rules— for or with respect to any 1 or more of the following subjects: the AER gas price reporting functions; the Natural Gas Services Bulletin Board; the collection and use of information for, or the content of, the gas statement of opportunities; the subject matter of a new head power added to Schedule 1 by the market transparency amendments; any other subject contemplated by, or consequential on, the market transparency amendments; and that revoke or amend a Rule as a consequence of the market transparency amendments and any of the Rules referred to in paragraph (a).\n(sec.294FA-ssec.2) Rules may only be made under subsection (1) on the recommendation of the MCE.\n(sec.294FA-ssec.3) Section 74(3) applies to the Rules made under subsection (1) in the same way as it applies to Rules made by the AEMC.\n(sec.294FA-ssec.4) As soon as practicable after making Rules under subsection (1), the South Australian Minister must— publish a notice of the making of the Rules in the South Australian Government Gazette; and make the Rules publicly available.\n(sec.294FA-ssec.5) The notice referred to in subsection (4)(a) must state— the date on which the Rules commence operation; and if different Rules will commence operation on different dates, those dates.\n(sec.294FA-ssec.6) The Minister may, by a later notice published in the South Australian Government Gazette, vary a commencement date fixed under subsection (5).\n(sec.294FA-ssec.7) Once the first Rules have been made under subsection (1), no further Rules can be made under that subsection.\n(sec.294FA-ssec.8) Rules in the nature of a derogation may be made under this section even though no request has been made for the derogation.\n(sec.294FA-ssec.9) In this section— market transparency amendments means the amendments made to this Law by the National Gas (South Australia) (Market Transparency) Amendment Act 2022 .\n- (a) for or with respect to any 1 or more of the following subjects: (i) the AER gas price reporting functions; (ii) the Natural Gas Services Bulletin Board; (iii) the collection and use of information for, or the content of, the gas statement of opportunities; (iv) the subject matter of a new head power added to Schedule 1 by the market transparency amendments; (v) any other subject contemplated by, or consequential on, the market transparency amendments; and\n- (i) the AER gas price reporting functions;\n- (ii) the Natural Gas Services Bulletin Board;\n- (iii) the collection and use of information for, or the content of, the gas statement of opportunities;\n- (iv) the subject matter of a new head power added to Schedule 1 by the market transparency amendments;\n- (v) any other subject contemplated by, or consequential on, the market transparency amendments; and\n- (b) that revoke or amend a Rule as a consequence of the market transparency amendments and any of the Rules referred to in paragraph (a).\n- (i) the AER gas price reporting functions;\n- (ii) the Natural Gas Services Bulletin Board;\n- (iii) the collection and use of information for, or the content of, the gas statement of opportunities;\n- (iv) the subject matter of a new head power added to Schedule 1 by the market transparency amendments;\n- (v) any other subject contemplated by, or consequential on, the market transparency amendments; and\n- (a) publish a notice of the making of the Rules in the South Australian Government Gazette; and\n- (b) make the Rules publicly available.\n- (a) the date on which the Rules commence operation; and\n- (b) if different Rules will commence operation on different dates, those dates.","sortOrder":690},{"sectionNumber":"sec.294FB","sectionType":"section","heading":"South Australian Minister to make initial Rules relating to pipeline regulation","content":"### sec.294FB South Australian Minister to make initial Rules relating to pipeline regulation\n\nThe South Australian Minister may make Rules on any 1 or more of the following subjects:\nscheme pipeline determinations, scheme pipeline revocation determinations, scheme pipeline elections, greenfields incentive determinations, greenfields price protection determinations, monitoring of service providers, general requirements for the provision of pipeline services, information disclosure requirements, access negotiations and access disputes;\nthe subject matter of a new head of power added to Schedule 1 , or an existing head of power amended, by the Gas Pipelines amendments;\nany other subject contemplated by, or consequential on, the Gas Pipelines amendments.\nRules may only be made under subsection (1) on the recommendation of the MCE.\nSection 74 (3) applies to Rules made under subsection (1) in the same way as it applies to Rules made by the AEMC.\nAs soon as practicable after making Rules under subsection (1) , the South Australian Minister must—\npublish notice of the making of the Rules in the South Australian Government Gazette stating the date of commencement or, if they commence at different times, various dates of commencement; and\nmake the Rules publicly available.\nThe South Australian Minister may, by a later notice published in the South Australian Government Gazette, vary a commencement date fixed under subsection (4) (a) or this subsection.\nOnce the first Rules have been made under subsection (1) , no further Rules can be made under that subsection.\nRules in the nature of a derogation may be made under this section even though no request has been made for the derogation.\nIn this section—\nGas Pipelines amendments means the amendments made by the Statutes Amendment (National Energy Laws) (Gas Pipelines) Act 2022 and the amendments to the National Gas (South Australia) Regulations by regulations that are expressed to be made in connection with the Statutes Amendment (National Energy Laws) (Gas Pipelines) Act 2022 .\ns 294FB ins 2022 No. 21 (SA) s 80\n(sec.294FB-ssec.1) The South Australian Minister may make Rules on any 1 or more of the following subjects: scheme pipeline determinations, scheme pipeline revocation determinations, scheme pipeline elections, greenfields incentive determinations, greenfields price protection determinations, monitoring of service providers, general requirements for the provision of pipeline services, information disclosure requirements, access negotiations and access disputes; the subject matter of a new head of power added to Schedule 1 , or an existing head of power amended, by the Gas Pipelines amendments; any other subject contemplated by, or consequential on, the Gas Pipelines amendments.\n(sec.294FB-ssec.2) Rules may only be made under subsection (1) on the recommendation of the MCE.\n(sec.294FB-ssec.3) Section 74 (3) applies to Rules made under subsection (1) in the same way as it applies to Rules made by the AEMC.\n(sec.294FB-ssec.4) As soon as practicable after making Rules under subsection (1) , the South Australian Minister must— publish notice of the making of the Rules in the South Australian Government Gazette stating the date of commencement or, if they commence at different times, various dates of commencement; and make the Rules publicly available.\n(sec.294FB-ssec.5) The South Australian Minister may, by a later notice published in the South Australian Government Gazette, vary a commencement date fixed under subsection (4) (a) or this subsection.\n(sec.294FB-ssec.6) Once the first Rules have been made under subsection (1) , no further Rules can be made under that subsection.\n(sec.294FB-ssec.7) Rules in the nature of a derogation may be made under this section even though no request has been made for the derogation.\n(sec.294FB-ssec.8) In this section— Gas Pipelines amendments means the amendments made by the Statutes Amendment (National Energy Laws) (Gas Pipelines) Act 2022 and the amendments to the National Gas (South Australia) Regulations by regulations that are expressed to be made in connection with the Statutes Amendment (National Energy Laws) (Gas Pipelines) Act 2022 .\n- (a) scheme pipeline determinations, scheme pipeline revocation determinations, scheme pipeline elections, greenfields incentive determinations, greenfields price protection determinations, monitoring of service providers, general requirements for the provision of pipeline services, information disclosure requirements, access negotiations and access disputes;\n- (b) the subject matter of a new head of power added to Schedule 1 , or an existing head of power amended, by the Gas Pipelines amendments;\n- (c) any other subject contemplated by, or consequential on, the Gas Pipelines amendments.\n- (a) publish notice of the making of the Rules in the South Australian Government Gazette stating the date of commencement or, if they commence at different times, various dates of commencement; and\n- (b) make the Rules publicly available.","sortOrder":691},{"sectionNumber":"sec.294FC","sectionType":"section","heading":"South Australian Minister to make initial Rules relating to national gas objective","content":"### sec.294FC South Australian Minister to make initial Rules relating to national gas objective\n\nThe South Australian Minister may, within 9 months after the commencement of this section—\nmake Rules for or with respect to any matter or thing necessary or expedient to implement the amended objective; and\nmake Rules for or with respect to any other subject contemplated by, or necessary or expedient for implementing, the amended objective; and\nmake Rules that revoke or amend a Rule as a consequence of the enactment of the Statutes Amendment (National Energy Laws) (Emissions Reduction Objectives) Act 2023 of South Australia.\nRules in the nature of a derogation may be made under subsection (1) even though there may not have been a request for a derogation.\nSection 74 (3) applies to the making of Rules under subsection (1) as if the Rules being made under subsection (1) were Rules being made by the AEMC.\nAs soon as practicable after making Rules under subsection (1) , the South Australian Minister must—\npublish notice of the making of the Rules in the South Australian Government Gazette; and\nmake the Rules publicly available.\nThe notice referred to in subsection (4) (a) must state—\nthe date on which the Rules commence operation; or\nif different Rules will commence operation on different dates, those dates.\nThe Rules made under subsection (1) may only be made on the recommendation of the MCE.\nIf the South Australian Minister makes Rules under subsection (1) , the Minister cannot make another Rule under that subsection.\nIn this section—\namended objective means the national gas objective as in force on the commencement of this section.\ns 294FC ins 2023 No. 26 (SA) s 17\n(sec.294FC-ssec.1) The South Australian Minister may, within 9 months after the commencement of this section— make Rules for or with respect to any matter or thing necessary or expedient to implement the amended objective; and make Rules for or with respect to any other subject contemplated by, or necessary or expedient for implementing, the amended objective; and make Rules that revoke or amend a Rule as a consequence of the enactment of the Statutes Amendment (National Energy Laws) (Emissions Reduction Objectives) Act 2023 of South Australia.\n(sec.294FC-ssec.2) Rules in the nature of a derogation may be made under subsection (1) even though there may not have been a request for a derogation.\n(sec.294FC-ssec.3) Section 74 (3) applies to the making of Rules under subsection (1) as if the Rules being made under subsection (1) were Rules being made by the AEMC.\n(sec.294FC-ssec.4) As soon as practicable after making Rules under subsection (1) , the South Australian Minister must— publish notice of the making of the Rules in the South Australian Government Gazette; and make the Rules publicly available.\n(sec.294FC-ssec.5) The notice referred to in subsection (4) (a) must state— the date on which the Rules commence operation; or if different Rules will commence operation on different dates, those dates.\n(sec.294FC-ssec.6) The Rules made under subsection (1) may only be made on the recommendation of the MCE.\n(sec.294FC-ssec.7) If the South Australian Minister makes Rules under subsection (1) , the Minister cannot make another Rule under that subsection.\n(sec.294FC-ssec.8) In this section— amended objective means the national gas objective as in force on the commencement of this section.\n- (a) make Rules for or with respect to any matter or thing necessary or expedient to implement the amended objective; and\n- (b) make Rules for or with respect to any other subject contemplated by, or necessary or expedient for implementing, the amended objective; and\n- (c) make Rules that revoke or amend a Rule as a consequence of the enactment of the Statutes Amendment (National Energy Laws) (Emissions Reduction Objectives) Act 2023 of South Australia.\n- (a) publish notice of the making of the Rules in the South Australian Government Gazette; and\n- (b) make the Rules publicly available.\n- (a) the date on which the Rules commence operation; or\n- (b) if different Rules will commence operation on different dates, those dates.","sortOrder":692},{"sectionNumber":"sec.294FD","sectionType":"section","heading":"South Australian Minister to make initial Rules relating to other gases","content":"### sec.294FD South Australian Minister to make initial Rules relating to other gases\n\nThe South Australian Minister may make Rules—\nfor or with respect to—\nthe other gas amendments; and\nany other subject contemplated by, or necessary or expedient for, the other gas amendments; and\nthat revoke or amend a Rule as a consequence of the enactment of the other gas amendments.\nRules may only be made under this section on the recommendation of the MCE.\nSection 74 (3) applies to Rules made under this section in the same way as it applies to a Rule made by the AEMC.\nAs soon as practicable after making Rules under this section, the South Australian Minister must—\npublish a notice of the making of the Rules and the date the Rules commence in the South Australian Government Gazette; and\nmake the Rules publicly available.\nThe notice referred to in subsection (4) (a) must state—\nthe date on which the Rules commence operation; or\nif different Rules will commence operation on different dates, those dates.\nThe Minister may, by a later notice published in the South Australian Government Gazette, vary a commencement date fixed under subsection (5) .\nOnce the first Rules have been made, no further Rules can be made under this section.\nRules in the nature of a derogation may be made under this section even though no request has been made for the derogation.\nIn this section—\nother gas amendments means the amendments made to this Law by the Statutes Amendment (National Energy Laws) (Other Gases) Act 2023 .\ns 294FD ins 2023 No. 36 (SA) s 62\n(sec.294FD-ssec.1) The South Australian Minister may make Rules— for or with respect to— the other gas amendments; and any other subject contemplated by, or necessary or expedient for, the other gas amendments; and that revoke or amend a Rule as a consequence of the enactment of the other gas amendments.\n(sec.294FD-ssec.2) Rules may only be made under this section on the recommendation of the MCE.\n(sec.294FD-ssec.3) Section 74 (3) applies to Rules made under this section in the same way as it applies to a Rule made by the AEMC.\n(sec.294FD-ssec.4) As soon as practicable after making Rules under this section, the South Australian Minister must— publish a notice of the making of the Rules and the date the Rules commence in the South Australian Government Gazette; and make the Rules publicly available.\n(sec.294FD-ssec.5) The notice referred to in subsection (4) (a) must state— the date on which the Rules commence operation; or if different Rules will commence operation on different dates, those dates.\n(sec.294FD-ssec.6) The Minister may, by a later notice published in the South Australian Government Gazette, vary a commencement date fixed under subsection (5) .\n(sec.294FD-ssec.7) Once the first Rules have been made, no further Rules can be made under this section.\n(sec.294FD-ssec.8) Rules in the nature of a derogation may be made under this section even though no request has been made for the derogation.\n(sec.294FD-ssec.9) In this section— other gas amendments means the amendments made to this Law by the Statutes Amendment (National Energy Laws) (Other Gases) Act 2023 .\n- (a) for or with respect to— (i) the other gas amendments; and (ii) any other subject contemplated by, or necessary or expedient for, the other gas amendments; and\n- (i) the other gas amendments; and\n- (ii) any other subject contemplated by, or necessary or expedient for, the other gas amendments; and\n- (b) that revoke or amend a Rule as a consequence of the enactment of the other gas amendments.\n- (i) the other gas amendments; and\n- (ii) any other subject contemplated by, or necessary or expedient for, the other gas amendments; and\n- (a) publish a notice of the making of the Rules and the date the Rules commence in the South Australian Government Gazette; and\n- (b) make the Rules publicly available.\n- (a) the date on which the Rules commence operation; or\n- (b) if different Rules will commence operation on different dates, those dates.","sortOrder":693},{"sectionNumber":"sec.294FE","sectionType":"section","heading":"South Australian Minister to make initial Rules relating to wholesale market monitoring matters","content":"### sec.294FE South Australian Minister to make initial Rules relating to wholesale market monitoring matters\n\nThe South Australian Minister may make Rules for the following:\nthe making of—\nmarket monitoring information orders; and\nwholesale market monitoring guidelines;\nthe way the AER consults—\non the wholesale market monitoring guidelines under section 30AT (3) ; and\nthe public, under section 30AM , before making a market monitoring information order.\nThe Rules made under subsection (1) may only be made on the recommendation of the MCE.\nSection 74 (3) applies to Rules made under subsection (1) in the same way as it applies to Rules being made by the AEMC.\nAs soon as practicable after making Rules under subsection (1) , the South Australian Minister must—\npublish notice of the making of the Rules in the South Australian Government Gazette; and\nmake the Rules publicly available.\nThe notice referred to in subsection (4) (a) must state—\nthe date on which the Rules commence operation; or\nif different Rules will commence operation on different dates, those dates.\nOnce the first Rules have been made under subsection (1) , no further Rules can be made under that subsection.\ns 294FE ins 2024 No. 12 (SA) s 17\n(sec.294FE-ssec.1) The South Australian Minister may make Rules for the following: the making of— market monitoring information orders; and wholesale market monitoring guidelines; the way the AER consults— on the wholesale market monitoring guidelines under section 30AT (3) ; and the public, under section 30AM , before making a market monitoring information order.\n(sec.294FE-ssec.2) The Rules made under subsection (1) may only be made on the recommendation of the MCE.\n(sec.294FE-ssec.3) Section 74 (3) applies to Rules made under subsection (1) in the same way as it applies to Rules being made by the AEMC.\n(sec.294FE-ssec.4) As soon as practicable after making Rules under subsection (1) , the South Australian Minister must— publish notice of the making of the Rules in the South Australian Government Gazette; and make the Rules publicly available.\n(sec.294FE-ssec.5) The notice referred to in subsection (4) (a) must state— the date on which the Rules commence operation; or if different Rules will commence operation on different dates, those dates.\n(sec.294FE-ssec.6) Once the first Rules have been made under subsection (1) , no further Rules can be made under that subsection.\n- (a) the making of— (i) market monitoring information orders; and (ii) wholesale market monitoring guidelines;\n- (i) market monitoring information orders; and\n- (ii) wholesale market monitoring guidelines;\n- (b) the way the AER consults— (i) on the wholesale market monitoring guidelines under section 30AT (3) ; and (ii) the public, under section 30AM , before making a market monitoring information order.\n- (i) on the wholesale market monitoring guidelines under section 30AT (3) ; and\n- (ii) the public, under section 30AM , before making a market monitoring information order.\n- (i) market monitoring information orders; and\n- (ii) wholesale market monitoring guidelines;\n- (i) on the wholesale market monitoring guidelines under section 30AT (3) ; and\n- (ii) the public, under section 30AM , before making a market monitoring information order.\n- (a) publish notice of the making of the Rules in the South Australian Government Gazette; and\n- (b) make the Rules publicly available.\n- (a) the date on which the Rules commence operation; or\n- (b) if different Rules will commence operation on different dates, those dates.","sortOrder":694},{"sectionNumber":"ch.9-pt.2-div.2","sectionType":"division","heading":"Rules made by Minister from time to time","content":"## Rules made by Minister from time to time","sortOrder":695},{"sectionNumber":"sec.294G","sectionType":"section","heading":"South Australian Minister may make Rules on recommendation of MCE and Energy Security Board","content":"### sec.294G South Australian Minister may make Rules on recommendation of MCE and Energy Security Board\n\nThe South Australian Minister may make Rules recommended by the MCE in accordance with subsection (2) .\nThe MCE may only recommend the making of Rules under subsection (1) if—\nthe Rules are for or with respect to any matter or thing referred to in section 74 and Schedule 1 to this Law; and\nthe Energy Security Board has recommended to the MCE that it recommend the making of the Rules under subsection (1) .\nThe Energy Security Board may only make a recommendation for the purposes of subsection (2) (b) in relation to Rules if—\nthe Rules are in connection with energy security and reliability of the NEM or long-term planning—\nfor the NEM; or\nin relation to investment in, and operation and use of, covered gas services; and\nthe Energy Security Board is satisfied that the Rules are consistent with the national gas objective; and\nthe Energy Security Board has undertaken consultation on the Rules in accordance with any requirements determined by the MCE.\nRules in the nature of a derogation may be made under this section even though there may not have been a request for a derogation.\nSection 74 (3) applies to Rules made under subsection (1) in the same way as that section applies to Rules made by the AEMC.\nAs soon as practicable after making Rules under this section, the South Australian Minister must—\npublish notice of the making of the Rules in the South Australian Government Gazette; and\nmake the Rules publicly available.\nThe notice referred to in subsection (6) (a) must state—\nthe date on which the Rules commence operation; or\nif different Rules will commence operation on different dates, those dates.\ns 294G ins 2018 No. 12 (SA) s 25\namd 2022 No. 21 (SA) s 81 ; 2023 No. 36 (SA) s 63\n(sec.294G-ssec.1) The South Australian Minister may make Rules recommended by the MCE in accordance with subsection (2) .\n(sec.294G-ssec.2) The MCE may only recommend the making of Rules under subsection (1) if— the Rules are for or with respect to any matter or thing referred to in section 74 and Schedule 1 to this Law; and the Energy Security Board has recommended to the MCE that it recommend the making of the Rules under subsection (1) .\n(sec.294G-ssec.3) The Energy Security Board may only make a recommendation for the purposes of subsection (2) (b) in relation to Rules if— the Rules are in connection with energy security and reliability of the NEM or long-term planning— for the NEM; or in relation to investment in, and operation and use of, covered gas services; and the Energy Security Board is satisfied that the Rules are consistent with the national gas objective; and the Energy Security Board has undertaken consultation on the Rules in accordance with any requirements determined by the MCE.\n(sec.294G-ssec.4) Rules in the nature of a derogation may be made under this section even though there may not have been a request for a derogation.\n(sec.294G-ssec.5) Section 74 (3) applies to Rules made under subsection (1) in the same way as that section applies to Rules made by the AEMC.\n(sec.294G-ssec.6) As soon as practicable after making Rules under this section, the South Australian Minister must— publish notice of the making of the Rules in the South Australian Government Gazette; and make the Rules publicly available.\n(sec.294G-ssec.7) The notice referred to in subsection (6) (a) must state— the date on which the Rules commence operation; or if different Rules will commence operation on different dates, those dates.\n- (a) the Rules are for or with respect to any matter or thing referred to in section 74 and Schedule 1 to this Law; and\n- (b) the Energy Security Board has recommended to the MCE that it recommend the making of the Rules under subsection (1) .\n- (a) the Rules are in connection with energy security and reliability of the NEM or long-term planning— (i) for the NEM; or (ii) in relation to investment in, and operation and use of, covered gas services; and\n- (i) for the NEM; or\n- (ii) in relation to investment in, and operation and use of, covered gas services; and\n- (b) the Energy Security Board is satisfied that the Rules are consistent with the national gas objective; and\n- (c) the Energy Security Board has undertaken consultation on the Rules in accordance with any requirements determined by the MCE.\n- (i) for the NEM; or\n- (ii) in relation to investment in, and operation and use of, covered gas services; and\n- (a) publish notice of the making of the Rules in the South Australian Government Gazette; and\n- (b) make the Rules publicly available.\n- (a) the date on which the Rules commence operation; or\n- (b) if different Rules will commence operation on different dates, those dates.","sortOrder":696},{"sectionNumber":"sec.294H","sectionType":"section","heading":null,"content":"### Section sec.294H\n\ns 294H ins 2023 No. 7 (SA) s 14\nexp 27 October 2023 (see s 294H(7))","sortOrder":697},{"sectionNumber":"ch.9-pt.3","sectionType":"part","heading":"Procedure for the making of a Rule by the AEMC","content":"# Procedure for the making of a Rule by the AEMC","sortOrder":698},{"sectionNumber":"sec.295","sectionType":"section","heading":"Initiation of making of a Rule","content":"### sec.295 Initiation of making of a Rule\n\nThe AEMC may make a Rule at the request of any person or the MCE.\nSection 74 and Schedule 1 to this Law specify the subject matter for Rules.\nThe AEMC must not make a Rule without a request under subsection (1) unless—\nit considers the Rule corrects a minor error in the Rules; or\nit considers the Rule involves a non-material change to the Rules; or\nthe Rule is in respect of any matter that is prescribed by the Regulations as a matter on which it may make a Rule on its own initiative.\nDespite subsection (1) , a request for the making of a Rule regulating the declared system functions (other than the functions specified in section 91BA (1) (f) and (g) ) may only be made by—\nAEMO; or\na service provider for a declared transmission system that is a party to a service envelope agreement with AEMO; or\nthe Minister of an adoptive jurisdiction.\nThe AEMC may only make a Rule that has effect with respect to an adoptive jurisdiction if satisfied that the proposed Rule is compatible with the proper performance of AEMO’s declared system functions.\nThe AEMC may only make a Rule that affects the allocation of powers, functions and duties between AEMO and a service provider for a declared transmission system if—\nAEMO consents to the making of the Rule; or\nthe Rule is requested by the Minister of the relevant adoptive jurisdiction.\ns 295 amd 2009 No. 30 (SA) s 40 ; 2021 No. 3 (SA) s 53\n(sec.295-ssec.1) The AEMC may make a Rule at the request of any person or the MCE. Section 74 and Schedule 1 to this Law specify the subject matter for Rules.\n(sec.295-ssec.2) The AEMC must not make a Rule without a request under subsection (1) unless— it considers the Rule corrects a minor error in the Rules; or it considers the Rule involves a non-material change to the Rules; or the Rule is in respect of any matter that is prescribed by the Regulations as a matter on which it may make a Rule on its own initiative.\n(sec.295-ssec.3) Despite subsection (1) , a request for the making of a Rule regulating the declared system functions (other than the functions specified in section 91BA (1) (f) and (g) ) may only be made by— AEMO; or a service provider for a declared transmission system that is a party to a service envelope agreement with AEMO; or the Minister of an adoptive jurisdiction.\n(sec.295-ssec.4) The AEMC may only make a Rule that has effect with respect to an adoptive jurisdiction if satisfied that the proposed Rule is compatible with the proper performance of AEMO’s declared system functions.\n(sec.295-ssec.5) The AEMC may only make a Rule that affects the allocation of powers, functions and duties between AEMO and a service provider for a declared transmission system if— AEMO consents to the making of the Rule; or the Rule is requested by the Minister of the relevant adoptive jurisdiction.\n- (a) it considers the Rule corrects a minor error in the Rules; or\n- (b) it considers the Rule involves a non-material change to the Rules; or\n- (c) the Rule is in respect of any matter that is prescribed by the Regulations as a matter on which it may make a Rule on its own initiative.\n- (a) AEMO; or\n- (b) a service provider for a declared transmission system that is a party to a service envelope agreement with AEMO; or\n- (c) the Minister of an adoptive jurisdiction.\n- (a) AEMO consents to the making of the Rule; or\n- (b) the Rule is requested by the Minister of the relevant adoptive jurisdiction.","sortOrder":699},{"sectionNumber":"sec.296","sectionType":"section","heading":"AEMC may make more preferable Rule in certain cases","content":"### sec.296 AEMC may make more preferable Rule in certain cases\n\nThe AEMC may make a Rule that is different (including materially different) from a market initiated proposed Rule (a more preferable Rule ) if the AEMC is satisfied that, having regard to the issue or issues that were raised by the market initiated proposed Rule (to which the more preferable Rule relates), the more preferable Rule will or is likely to better contribute to the achievement of the national gas objective.","sortOrder":700},{"sectionNumber":"sec.297","sectionType":"section","heading":"AEMC may make Rules that are consequential to a Rule request","content":"### sec.297 AEMC may make Rules that are consequential to a Rule request\n\nDespite section 295 (2) , the AEMC may, having regard to a request to make a Rule under section 29 (1) , make a Rule under this Law, the National Electricity Law or the National Energy Retail Law that is necessary or consequential, or corresponds, to the Rule.\nFor the purposes of this Chapter, the AEMC must treat a Rule it may make under subsection (1) as if it were part of the Rule to be made on that request.\ns 297 amd 2011 No. 7 (SA) s 65\n(sec.297-ssec.1) Despite section 295 (2) , the AEMC may, having regard to a request to make a Rule under section 29 (1) , make a Rule under this Law, the National Electricity Law or the National Energy Retail Law that is necessary or consequential, or corresponds, to the Rule.\n(sec.297-ssec.2) For the purposes of this Chapter, the AEMC must treat a Rule it may make under subsection (1) as if it were part of the Rule to be made on that request.","sortOrder":701},{"sectionNumber":"sec.298","sectionType":"section","heading":"Content of requests for a Rule","content":"### sec.298 Content of requests for a Rule\n\nA request for the making of a Rule—\nmust contain the information prescribed by the Regulations or the Rules (or both); and\nmust, subject to section 299 , be accompanied by the fee prescribed by the Regulations (if any); and\nmay be accompanied by a draft of the Rule to be made.\ns 298 amd 2022 No. 22 (SA) s 40\n- (a) must contain the information prescribed by the Regulations or the Rules (or both); and\n- (b) must, subject to section 299 , be accompanied by the fee prescribed by the Regulations (if any); and\n- (c) may be accompanied by a draft of the Rule to be made.","sortOrder":702},{"sectionNumber":"sec.299","sectionType":"section","heading":"Waiver of fee for Rule requests","content":"### sec.299 Waiver of fee for Rule requests\n\nThe AEMC may waive the payment of any fee prescribed by the Regulations for the purposes of section 298 .","sortOrder":703},{"sectionNumber":"sec.300","sectionType":"section","heading":"Consolidation of 2 or more Rule requests","content":"### sec.300 Consolidation of 2 or more Rule requests\n\nIf the AEMC considers it necessary or desirable that 2 or more requests for the making of a Rule should be dealt with together, the AEMC may—\ntreat those requests as 1 request for the purposes of this Chapter (a consolidated Rule request ); or\ntreat any later request as a submission in relation to the earliest Rule request.\nFor the purposes of this Chapter, the AEMC may treat a consolidated Rule request as being received by it on the day it receives either the first or last of the Rule requests forming part of the consolidated Rule request.\n(sec.300-ssec.1) If the AEMC considers it necessary or desirable that 2 or more requests for the making of a Rule should be dealt with together, the AEMC may— treat those requests as 1 request for the purposes of this Chapter (a consolidated Rule request ); or treat any later request as a submission in relation to the earliest Rule request.\n(sec.300-ssec.2) For the purposes of this Chapter, the AEMC may treat a consolidated Rule request as being received by it on the day it receives either the first or last of the Rule requests forming part of the consolidated Rule request.\n- (a) treat those requests as 1 request for the purposes of this Chapter (a consolidated Rule request ); or\n- (b) treat any later request as a submission in relation to the earliest Rule request.","sortOrder":704},{"sectionNumber":"sec.301","sectionType":"section","heading":"Initial consideration of request for Rule","content":"### sec.301 Initial consideration of request for Rule\n\nSubject to this Chapter, as soon as practicable after receiving a request for the making of a Rule (an active request ), the AEMC must consider whether—\nthe active request appears to—\ncontain the information prescribed by the Regulations or the Rules (or both); and\nnot be misconceived or lacking in substance; and\nthe subject matter of the active request appears to be for or with respect to a matter in respect of which the AEMC may make a Rule under this Law; and\nSection 74 and Schedule 1 to this Law specify the subject matter for Rules.\nthe subject matter of the active request appears to relate to the subject matter of—\na Rule made, or a request for the making of a Rule under section 295 (1) not proceeded with, in the 12 months immediately before the date of receipt of the active request; or\nanother request for the making of a Rule under section 295 (1) in respect of which the AEMC is taking action under this Part; and\nin the case of an active request for a trial Rule—the subject matter of the request appears to relate to the subject matter of—\na trial waiver granted by the AER; or\nan application for a trial waiver that has been received by the AER (but that has not been granted at the time of the active request for the trial Rule).\nIf the AEMC considers that—\nin the case of an active request for the making of any Rule—having regard to the matters set out in subsection (1) , it should not take any action under this Part in respect of the active request; or\nin the case of an active request for the making of a trial Rule—it should not take any action under this Part in respect of the active request on the basis that—\nthe trial project to which the active request relates—\nis unlikely to be carried out; or\noffers no reasonable prospect of leading to better services and outcomes for consumers of gas; or\nthe trial Rule requested—\nis unnecessary to enable the trial project to be undertaken (including, for example, because the trial project could be undertaken under a trial waiver); or\nis unlikely to enable the trial project to be undertaken; or\nshould be the subject of a request for a Rule other than a trial Rule,\nthe AEMC must make a decision to that effect and inform the person or body, in writing, that requested the Rule of that decision.\nDespite subsection (1) or (2) , the AEMC may make a decision to the effect that it should not take any action under this Part in respect of the active request if the person or body that made the active request has not complied with a notice in accordance with section 302 .\nIn making a decision under subsection (3) , the AEMC must have regard to any representation it receives under section 302 (4) .\nA decision under subsection (2) or (3) must—\nset out the reasons for the decision; and\nbe given to the person or body that made the active request without delay; and\nin the case where the decision was made only because of the matters set out in subsection (1) (c) —be published.\nSubject to this Chapter, if the AEMC considers that, having regard to the matters set out in subsection (1) , it should take action under this Part in respect of an active request the AEMC must publish notice of that active request in accordance with section 303 .\nThe AEMC must, as soon as practicable after receiving an active request relating to a trial Rule, consult with AEMO on the matter.\ns 301 amd 2022 No. 22 (SA) s 41\n(sec.301-ssec.1) Subject to this Chapter, as soon as practicable after receiving a request for the making of a Rule (an active request ), the AEMC must consider whether— the active request appears to— contain the information prescribed by the Regulations or the Rules (or both); and not be misconceived or lacking in substance; and the subject matter of the active request appears to be for or with respect to a matter in respect of which the AEMC may make a Rule under this Law; and Section 74 and Schedule 1 to this Law specify the subject matter for Rules. the subject matter of the active request appears to relate to the subject matter of— a Rule made, or a request for the making of a Rule under section 295 (1) not proceeded with, in the 12 months immediately before the date of receipt of the active request; or another request for the making of a Rule under section 295 (1) in respect of which the AEMC is taking action under this Part; and in the case of an active request for a trial Rule—the subject matter of the request appears to relate to the subject matter of— a trial waiver granted by the AER; or an application for a trial waiver that has been received by the AER (but that has not been granted at the time of the active request for the trial Rule).\n(sec.301-ssec.2) If the AEMC considers that— in the case of an active request for the making of any Rule—having regard to the matters set out in subsection (1) , it should not take any action under this Part in respect of the active request; or in the case of an active request for the making of a trial Rule—it should not take any action under this Part in respect of the active request on the basis that— the trial project to which the active request relates— is unlikely to be carried out; or offers no reasonable prospect of leading to better services and outcomes for consumers of gas; or the trial Rule requested— is unnecessary to enable the trial project to be undertaken (including, for example, because the trial project could be undertaken under a trial waiver); or is unlikely to enable the trial project to be undertaken; or should be the subject of a request for a Rule other than a trial Rule, the AEMC must make a decision to that effect and inform the person or body, in writing, that requested the Rule of that decision.\n(sec.301-ssec.3) Despite subsection (1) or (2) , the AEMC may make a decision to the effect that it should not take any action under this Part in respect of the active request if the person or body that made the active request has not complied with a notice in accordance with section 302 .\n(sec.301-ssec.4) In making a decision under subsection (3) , the AEMC must have regard to any representation it receives under section 302 (4) .\n(sec.301-ssec.5) A decision under subsection (2) or (3) must— set out the reasons for the decision; and be given to the person or body that made the active request without delay; and in the case where the decision was made only because of the matters set out in subsection (1) (c) —be published.\n(sec.301-ssec.6) Subject to this Chapter, if the AEMC considers that, having regard to the matters set out in subsection (1) , it should take action under this Part in respect of an active request the AEMC must publish notice of that active request in accordance with section 303 .\n(sec.301-ssec.7) The AEMC must, as soon as practicable after receiving an active request relating to a trial Rule, consult with AEMO on the matter.\n- (a) the active request appears to— (i) contain the information prescribed by the Regulations or the Rules (or both); and (ii) not be misconceived or lacking in substance; and\n- (i) contain the information prescribed by the Regulations or the Rules (or both); and\n- (ii) not be misconceived or lacking in substance; and\n- (b) the subject matter of the active request appears to be for or with respect to a matter in respect of which the AEMC may make a Rule under this Law; and Note— Section 74 and Schedule 1 to this Law specify the subject matter for Rules.\n- (c) the subject matter of the active request appears to relate to the subject matter of— (i) a Rule made, or a request for the making of a Rule under section 295 (1) not proceeded with, in the 12 months immediately before the date of receipt of the active request; or (ii) another request for the making of a Rule under section 295 (1) in respect of which the AEMC is taking action under this Part; and\n- (i) a Rule made, or a request for the making of a Rule under section 295 (1) not proceeded with, in the 12 months immediately before the date of receipt of the active request; or\n- (ii) another request for the making of a Rule under section 295 (1) in respect of which the AEMC is taking action under this Part; and\n- (d) in the case of an active request for a trial Rule—the subject matter of the request appears to relate to the subject matter of— (i) a trial waiver granted by the AER; or (ii) an application for a trial waiver that has been received by the AER (but that has not been granted at the time of the active request for the trial Rule).\n- (i) a trial waiver granted by the AER; or\n- (ii) an application for a trial waiver that has been received by the AER (but that has not been granted at the time of the active request for the trial Rule).\n- (i) contain the information prescribed by the Regulations or the Rules (or both); and\n- (ii) not be misconceived or lacking in substance; and\n- (i) a Rule made, or a request for the making of a Rule under section 295 (1) not proceeded with, in the 12 months immediately before the date of receipt of the active request; or\n- (ii) another request for the making of a Rule under section 295 (1) in respect of which the AEMC is taking action under this Part; and\n- (i) a trial waiver granted by the AER; or\n- (ii) an application for a trial waiver that has been received by the AER (but that has not been granted at the time of the active request for the trial Rule).\n- (a) in the case of an active request for the making of any Rule—having regard to the matters set out in subsection (1) , it should not take any action under this Part in respect of the active request; or\n- (b) in the case of an active request for the making of a trial Rule—it should not take any action under this Part in respect of the active request on the basis that— (i) the trial project to which the active request relates— (A) is unlikely to be carried out; or (B) offers no reasonable prospect of leading to better services and outcomes for consumers of gas; or (ii) the trial Rule requested— (A) is unnecessary to enable the trial project to be undertaken (including, for example, because the trial project could be undertaken under a trial waiver); or (B) is unlikely to enable the trial project to be undertaken; or (C) should be the subject of a request for a Rule other than a trial Rule,\n- (i) the trial project to which the active request relates— (A) is unlikely to be carried out; or (B) offers no reasonable prospect of leading to better services and outcomes for consumers of gas; or\n- (A) is unlikely to be carried out; or\n- (B) offers no reasonable prospect of leading to better services and outcomes for consumers of gas; or\n- (ii) the trial Rule requested— (A) is unnecessary to enable the trial project to be undertaken (including, for example, because the trial project could be undertaken under a trial waiver); or (B) is unlikely to enable the trial project to be undertaken; or (C) should be the subject of a request for a Rule other than a trial Rule,\n- (A) is unnecessary to enable the trial project to be undertaken (including, for example, because the trial project could be undertaken under a trial waiver); or\n- (B) is unlikely to enable the trial project to be undertaken; or\n- (C) should be the subject of a request for a Rule other than a trial Rule,\n- (i) the trial project to which the active request relates— (A) is unlikely to be carried out; or (B) offers no reasonable prospect of leading to better services and outcomes for consumers of gas; or\n- (A) is unlikely to be carried out; or\n- (B) offers no reasonable prospect of leading to better services and outcomes for consumers of gas; or\n- (ii) the trial Rule requested— (A) is unnecessary to enable the trial project to be undertaken (including, for example, because the trial project could be undertaken under a trial waiver); or (B) is unlikely to enable the trial project to be undertaken; or (C) should be the subject of a request for a Rule other than a trial Rule,\n- (A) is unnecessary to enable the trial project to be undertaken (including, for example, because the trial project could be undertaken under a trial waiver); or\n- (B) is unlikely to enable the trial project to be undertaken; or\n- (C) should be the subject of a request for a Rule other than a trial Rule,\n- (A) is unlikely to be carried out; or\n- (B) offers no reasonable prospect of leading to better services and outcomes for consumers of gas; or\n- (A) is unnecessary to enable the trial project to be undertaken (including, for example, because the trial project could be undertaken under a trial waiver); or\n- (B) is unlikely to enable the trial project to be undertaken; or\n- (C) should be the subject of a request for a Rule other than a trial Rule,\n- (a) set out the reasons for the decision; and\n- (b) be given to the person or body that made the active request without delay; and\n- (c) in the case where the decision was made only because of the matters set out in subsection (1) (c) —be published.","sortOrder":705},{"sectionNumber":"sec.302","sectionType":"section","heading":"AEMC may request further information from Rule proponent in certain cases","content":"### sec.302 AEMC may request further information from Rule proponent in certain cases\n\nThis section applies if the AEMC—\nreceives a request for the making of a Rule under section 295 (1) ; and\nconsiders, having regard to the nature and content of the request, that further information is required from the person or body that has made the request to assist it to understand the request’s purpose or content.\nThe AEMC may, by notice in writing, request the person or body that made the request under section 295 (1) to provide the AEMC further information.\nA notice under subsection (2) must specify—\nthe kind of information the AEMC requires from the person or body; and\nthe time within which that information must be provided to the AEMC.\nA person or body given a notice under this section may make a written representation to the AEMC as to why it cannot provide the information specified in the notice within the time specified in the notice.\n(sec.302-ssec.1) This section applies if the AEMC— receives a request for the making of a Rule under section 295 (1) ; and considers, having regard to the nature and content of the request, that further information is required from the person or body that has made the request to assist it to understand the request’s purpose or content.\n(sec.302-ssec.2) The AEMC may, by notice in writing, request the person or body that made the request under section 295 (1) to provide the AEMC further information.\n(sec.302-ssec.3) A notice under subsection (2) must specify— the kind of information the AEMC requires from the person or body; and the time within which that information must be provided to the AEMC.\n(sec.302-ssec.4) A person or body given a notice under this section may make a written representation to the AEMC as to why it cannot provide the information specified in the notice within the time specified in the notice.\n- (a) receives a request for the making of a Rule under section 295 (1) ; and\n- (b) considers, having regard to the nature and content of the request, that further information is required from the person or body that has made the request to assist it to understand the request’s purpose or content.\n- (a) the kind of information the AEMC requires from the person or body; and\n- (b) the time within which that information must be provided to the AEMC.","sortOrder":706},{"sectionNumber":"sec.303","sectionType":"section","heading":"Notice of proposed Rule","content":"### sec.303 Notice of proposed Rule\n\nThis section applies if the AEMC—\nconsiders that it should take action under this Part in respect of a request for the making of a Rule; or\nforms an intention to make an AEMC initiated Rule.\nThe AEMC must publish—\nnotice of the request or intention (as the case requires); and\na draft of the proposed Rule; and\nany other document prescribed by the Regulations.\nA notice published under this section must—\ninvite written submissions and comments from any person or body in relation to the proposed Rule by the date specified in the notice by the AEMC, being a date that is not less than 4 weeks from the date the notice is published; and\ncontain any other information prescribed by the Regulations.\nNothing in this Part is to be taken as requiring the AEMC to publish notices under this section in the same order as it—\nconsiders that it should take action under this Part in respect of a request for the making of a Rule; or\nforms an intention to make an AEMC initiated Rule.\n(sec.303-ssec.1) This section applies if the AEMC— considers that it should take action under this Part in respect of a request for the making of a Rule; or forms an intention to make an AEMC initiated Rule.\n(sec.303-ssec.2) The AEMC must publish— notice of the request or intention (as the case requires); and a draft of the proposed Rule; and any other document prescribed by the Regulations.\n(sec.303-ssec.3) A notice published under this section must— invite written submissions and comments from any person or body in relation to the proposed Rule by the date specified in the notice by the AEMC, being a date that is not less than 4 weeks from the date the notice is published; and contain any other information prescribed by the Regulations.\n(sec.303-ssec.4) Nothing in this Part is to be taken as requiring the AEMC to publish notices under this section in the same order as it— considers that it should take action under this Part in respect of a request for the making of a Rule; or forms an intention to make an AEMC initiated Rule.\n- (a) considers that it should take action under this Part in respect of a request for the making of a Rule; or\n- (b) forms an intention to make an AEMC initiated Rule.\n- (a) notice of the request or intention (as the case requires); and\n- (b) a draft of the proposed Rule; and\n- (c) any other document prescribed by the Regulations.\n- (a) invite written submissions and comments from any person or body in relation to the proposed Rule by the date specified in the notice by the AEMC, being a date that is not less than 4 weeks from the date the notice is published; and\n- (b) contain any other information prescribed by the Regulations.\n- (a) considers that it should take action under this Part in respect of a request for the making of a Rule; or\n- (b) forms an intention to make an AEMC initiated Rule.","sortOrder":707},{"sectionNumber":"sec.304","sectionType":"section","heading":"Publication of non-controversial or urgent final Rule determination","content":"### sec.304 Publication of non-controversial or urgent final Rule determination\n\nSubject to this section, if the AEMC considers that—\nan AEMC initiated Rule is a non-controversial Rule; or\na request for a Rule is a request for a non-controversial Rule; or\na request for a Rule is a request for an urgent Rule,\nthe AEMC may make the relevant Rule in accordance with this Part (except sections 307 to 310 ) and as if the period of time within which the final Rule determination in respect of the relevant Rule must be published were 8 weeks from the date of publication of the notice under section 303 .\nBefore making a Rule as set out in subsection (1) , the AEMC must include in a notice under section 303 a statement to the effect that the AEMC may make the relevant Rule if the AEMC does not receive a written request, and reasons, not to do so from any person or body within 2 weeks of publication of that notice.\nThe AEMC must not make a Rule in accordance with this section if, following publication of a notice under section 303 containing a statement to the effect set out in subsection (2) —\nthe AEMC receives a written request not to do so; and\nthe reasons set out in that request are not, in its opinion, misconceived or lacking in substance.\nIf the AEMC is of the opinion that the reasons given by a person or body in a written request for it not to make the non-controversial Rule or urgent Rule are misconceived or lacking in substance, the AEMC must—\nmake a decision to that effect; and\ngive the person or body its reasons, in writing, for that decision without delay.\nIf the AEMC is of the opinion that the reasons given by a person or body in a written request for it not to make the non-controversial Rule or urgent Rule, are not misconceived or lacking in substance, the AEMC must publish a notice to the effect that it will make the relevant Rule in accordance with this Part (other than this section).\ns 304 amd 2018 No. 12 (SA) s 26\n(sec.304-ssec.1) Subject to this section, if the AEMC considers that— an AEMC initiated Rule is a non-controversial Rule; or a request for a Rule is a request for a non-controversial Rule; or a request for a Rule is a request for an urgent Rule, the AEMC may make the relevant Rule in accordance with this Part (except sections 307 to 310 ) and as if the period of time within which the final Rule determination in respect of the relevant Rule must be published were 8 weeks from the date of publication of the notice under section 303 .\n(sec.304-ssec.2) Before making a Rule as set out in subsection (1) , the AEMC must include in a notice under section 303 a statement to the effect that the AEMC may make the relevant Rule if the AEMC does not receive a written request, and reasons, not to do so from any person or body within 2 weeks of publication of that notice.\n(sec.304-ssec.3) The AEMC must not make a Rule in accordance with this section if, following publication of a notice under section 303 containing a statement to the effect set out in subsection (2) — the AEMC receives a written request not to do so; and the reasons set out in that request are not, in its opinion, misconceived or lacking in substance.\n(sec.304-ssec.4) If the AEMC is of the opinion that the reasons given by a person or body in a written request for it not to make the non-controversial Rule or urgent Rule are misconceived or lacking in substance, the AEMC must— make a decision to that effect; and give the person or body its reasons, in writing, for that decision without delay.\n(sec.304-ssec.5) If the AEMC is of the opinion that the reasons given by a person or body in a written request for it not to make the non-controversial Rule or urgent Rule, are not misconceived or lacking in substance, the AEMC must publish a notice to the effect that it will make the relevant Rule in accordance with this Part (other than this section).\n- (a) an AEMC initiated Rule is a non-controversial Rule; or\n- (b) a request for a Rule is a request for a non-controversial Rule; or\n- (c) a request for a Rule is a request for an urgent Rule,\n- (a) the AEMC receives a written request not to do so; and\n- (b) the reasons set out in that request are not, in its opinion, misconceived or lacking in substance.\n- (a) make a decision to that effect; and\n- (b) give the person or body its reasons, in writing, for that decision without delay.","sortOrder":708},{"sectionNumber":"sec.304A","sectionType":"section","heading":"Publication of final Rule determination for trial Rule","content":"### sec.304A Publication of final Rule determination for trial Rule\n\nIf the AEMC considers that a request for a Rule is a request for a trial Rule, the AEMC may make the relevant Rule in accordance with this Part (except sections 307 to 310 ) and as if the period of time within which the final Rule determination in respect of the relevant Rule must be published were 10 weeks from the date of publication of the notice under section 303 .\nSections 304 and 305 do not apply to a request for a trial Rule.\ns 304A ins 2022 No. 22 (SA) s 42\n(sec.304A-ssec.1) If the AEMC considers that a request for a Rule is a request for a trial Rule, the AEMC may make the relevant Rule in accordance with this Part (except sections 307 to 310 ) and as if the period of time within which the final Rule determination in respect of the relevant Rule must be published were 10 weeks from the date of publication of the notice under section 303 .\n(sec.304A-ssec.2) Sections 304 and 305 do not apply to a request for a trial Rule.","sortOrder":709},{"sectionNumber":"sec.305","sectionType":"section","heading":"“Fast track” Rules where previous public consultation by gas market regulatory body or an AEMC review","content":"### sec.305 “Fast track” Rules where previous public consultation by gas market regulatory body or an AEMC review\n\nThis section applies if—\na gas market regulatory body has—\nmade a request for the making of a Rule under section 295 (1) ; and\nconsulted with the public on the nature and content of the request before making that request; or\na person or the MCE has made a request for the making of a Rule under section 295 (1) on the basis of—\na recommendation for the making of a Rule contained in a MCE directed review; or\na conclusion for the making of a Rule contained in an AEMC Rule review.\nThe AEMC may take action under this Part in respect of the request without complying with section 303 (3) (a) or 307 if it is of the opinion that—\nin the case where the request has been made by a gas market regulatory body in the circumstances described in subsection (1) (a) —the consultation conducted by the gas market regulatory body was adequate, having regard to—\nthe nature and content of that request; and\nthe kind of consultation conducted by the gas market regulatory body;\nin the case where a request has been made by a person or the MCE in the circumstances described in subsection (1) (b) —\nthe request reflects, or is consistent with, the relevant recommendation contained in the MCE directed review or relevant conclusion in the AEMC Rule review (as the case requires); and\nthere was adequate consultation with the public by it on the content of the relevant recommendation or relevant conclusion during the MCE directed review or AEMC Rule review (as the case requires).\nTo avoid doubt—\nsection 301 applies to a request for the making of a Rule to which this section applies; and\nsection 306 does not apply to a request for the making of a Rule to which this section applies.\n(sec.305-ssec.1) This section applies if— a gas market regulatory body has— made a request for the making of a Rule under section 295 (1) ; and consulted with the public on the nature and content of the request before making that request; or a person or the MCE has made a request for the making of a Rule under section 295 (1) on the basis of— a recommendation for the making of a Rule contained in a MCE directed review; or a conclusion for the making of a Rule contained in an AEMC Rule review.\n(sec.305-ssec.2) The AEMC may take action under this Part in respect of the request without complying with section 303 (3) (a) or 307 if it is of the opinion that— in the case where the request has been made by a gas market regulatory body in the circumstances described in subsection (1) (a) —the consultation conducted by the gas market regulatory body was adequate, having regard to— the nature and content of that request; and the kind of consultation conducted by the gas market regulatory body; in the case where a request has been made by a person or the MCE in the circumstances described in subsection (1) (b) — the request reflects, or is consistent with, the relevant recommendation contained in the MCE directed review or relevant conclusion in the AEMC Rule review (as the case requires); and there was adequate consultation with the public by it on the content of the relevant recommendation or relevant conclusion during the MCE directed review or AEMC Rule review (as the case requires).\n(sec.305-ssec.3) To avoid doubt— section 301 applies to a request for the making of a Rule to which this section applies; and section 306 does not apply to a request for the making of a Rule to which this section applies.\n- (a) a gas market regulatory body has— (i) made a request for the making of a Rule under section 295 (1) ; and (ii) consulted with the public on the nature and content of the request before making that request; or\n- (i) made a request for the making of a Rule under section 295 (1) ; and\n- (ii) consulted with the public on the nature and content of the request before making that request; or\n- (b) a person or the MCE has made a request for the making of a Rule under section 295 (1) on the basis of— (i) a recommendation for the making of a Rule contained in a MCE directed review; or (ii) a conclusion for the making of a Rule contained in an AEMC Rule review.\n- (i) a recommendation for the making of a Rule contained in a MCE directed review; or\n- (ii) a conclusion for the making of a Rule contained in an AEMC Rule review.\n- (i) made a request for the making of a Rule under section 295 (1) ; and\n- (ii) consulted with the public on the nature and content of the request before making that request; or\n- (i) a recommendation for the making of a Rule contained in a MCE directed review; or\n- (ii) a conclusion for the making of a Rule contained in an AEMC Rule review.\n- (a) in the case where the request has been made by a gas market regulatory body in the circumstances described in subsection (1) (a) —the consultation conducted by the gas market regulatory body was adequate, having regard to— (i) the nature and content of that request; and (ii) the kind of consultation conducted by the gas market regulatory body;\n- (i) the nature and content of that request; and\n- (ii) the kind of consultation conducted by the gas market regulatory body;\n- (b) in the case where a request has been made by a person or the MCE in the circumstances described in subsection (1) (b) — (i) the request reflects, or is consistent with, the relevant recommendation contained in the MCE directed review or relevant conclusion in the AEMC Rule review (as the case requires); and (ii) there was adequate consultation with the public by it on the content of the relevant recommendation or relevant conclusion during the MCE directed review or AEMC Rule review (as the case requires).\n- (i) the request reflects, or is consistent with, the relevant recommendation contained in the MCE directed review or relevant conclusion in the AEMC Rule review (as the case requires); and\n- (ii) there was adequate consultation with the public by it on the content of the relevant recommendation or relevant conclusion during the MCE directed review or AEMC Rule review (as the case requires).\n- (i) the nature and content of that request; and\n- (ii) the kind of consultation conducted by the gas market regulatory body;\n- (i) the request reflects, or is consistent with, the relevant recommendation contained in the MCE directed review or relevant conclusion in the AEMC Rule review (as the case requires); and\n- (ii) there was adequate consultation with the public by it on the content of the relevant recommendation or relevant conclusion during the MCE directed review or AEMC Rule review (as the case requires).\n- (a) section 301 applies to a request for the making of a Rule to which this section applies; and\n- (b) section 306 does not apply to a request for the making of a Rule to which this section applies.","sortOrder":710},{"sectionNumber":"sec.306","sectionType":"section","heading":"Right to make written submissions and comments","content":"### sec.306 Right to make written submissions and comments\n\nAny person or body, within the period specified in a notice under section 303 , may make a written submission or comment in relation to the proposed Rule to which the notice relates.","sortOrder":711},{"sectionNumber":"sec.307","sectionType":"section","heading":"AEMC may hold public hearings before draft Rule determination","content":"### sec.307 AEMC may hold public hearings before draft Rule determination\n\nThe AEMC may (but need not), at any time after publication of a notice under section 303 and before making a draft Rule determination, hold a hearing in relation to any proposed Rule.\nNotice of a hearing held under this section must—\nbe published; and\ncontain the information prescribed by the Regulations (if any).\n(sec.307-ssec.1) The AEMC may (but need not), at any time after publication of a notice under section 303 and before making a draft Rule determination, hold a hearing in relation to any proposed Rule.\n(sec.307-ssec.2) Notice of a hearing held under this section must— be published; and contain the information prescribed by the Regulations (if any).\n- (a) be published; and\n- (b) contain the information prescribed by the Regulations (if any).","sortOrder":712},{"sectionNumber":"sec.308","sectionType":"section","heading":"Draft Rule determination","content":"### sec.308 Draft Rule determination\n\nThe AEMC must make a draft Rule determination before making a final Rule determination in relation to the proposed Rule.\nSubject to this Chapter, the AEMC must, within 10 weeks after the date specified in a notice under section 303 , publish—\nthe draft Rule determination; and\nnotice of the making of the draft Rule determination.\nIn the case of a proposed Rule to which section 305 applies, the AEMC must publish the draft Rule determination and notice of the making of the draft Rule determination within 5 weeks after the date notice under section 303 (2) is published.\nA draft Rule determination must contain—\nthe reasons of the AEMC as to whether or not it should make the proposed Rule, including—\nin the case where the proposed Rule is not a proposed more preferable Rule, the reasons of the AEMC as to whether it is satisfied the proposed Rule will or is likely to contribute to the achievement of the national gas objective; and\nin the case of a proposed more preferable Rule, the reasons of the AEMC as to whether it is satisfied the proposed more preferable Rule will or is likely to better contribute to the achievement of the national gas objective than the market initiated Rule request to which the more preferable Rule relates; and\nif the AEMC is required to take into account the form of regulation factors or the revenue and pricing principles, the reasons of the AEMC taking those factors or principles (as the case requires) into account; and\nthe reasons of the AEMC having regard to any relevant MCE statement of policy principles; and\nthe reasons of the AEMC having regard to any other matters the AEMC considers relevant; and\nif the AEMC determines to make a Rule, a draft of the Rule to be made; and\nany other matters that are prescribed by the Regulations.\nThe draft of the Rule to be made need not be the same as the draft of the proposed Rule to which the notice under section 303 relates.\nA notice referred to in subsection (2) must—\ninvite written submissions and comments from any person or body in relation to the determination within a period specified by the AEMC, being a period not less than 6 weeks from the date of publication of the notice; and\ninclude a statement to the effect that any person or body may request, in writing within 1 week after the publication of the notice, the AEMC to hold a hearing in accordance with section 310 ; and\ncontain any other information prescribed by the Regulations.\ns 308 amd 2009 No. 30 (SA) s 41\n(sec.308-ssec.1) The AEMC must make a draft Rule determination before making a final Rule determination in relation to the proposed Rule.\n(sec.308-ssec.2) Subject to this Chapter, the AEMC must, within 10 weeks after the date specified in a notice under section 303 , publish— the draft Rule determination; and notice of the making of the draft Rule determination.\n(sec.308-ssec.3) In the case of a proposed Rule to which section 305 applies, the AEMC must publish the draft Rule determination and notice of the making of the draft Rule determination within 5 weeks after the date notice under section 303 (2) is published.\n(sec.308-ssec.4) A draft Rule determination must contain— the reasons of the AEMC as to whether or not it should make the proposed Rule, including— in the case where the proposed Rule is not a proposed more preferable Rule, the reasons of the AEMC as to whether it is satisfied the proposed Rule will or is likely to contribute to the achievement of the national gas objective; and in the case of a proposed more preferable Rule, the reasons of the AEMC as to whether it is satisfied the proposed more preferable Rule will or is likely to better contribute to the achievement of the national gas objective than the market initiated Rule request to which the more preferable Rule relates; and if the AEMC is required to take into account the form of regulation factors or the revenue and pricing principles, the reasons of the AEMC taking those factors or principles (as the case requires) into account; and the reasons of the AEMC having regard to any relevant MCE statement of policy principles; and the reasons of the AEMC having regard to any other matters the AEMC considers relevant; and if the AEMC determines to make a Rule, a draft of the Rule to be made; and any other matters that are prescribed by the Regulations.\n(sec.308-ssec.4a) The draft of the Rule to be made need not be the same as the draft of the proposed Rule to which the notice under section 303 relates.\n(sec.308-ssec.5) A notice referred to in subsection (2) must— invite written submissions and comments from any person or body in relation to the determination within a period specified by the AEMC, being a period not less than 6 weeks from the date of publication of the notice; and include a statement to the effect that any person or body may request, in writing within 1 week after the publication of the notice, the AEMC to hold a hearing in accordance with section 310 ; and contain any other information prescribed by the Regulations.\n- (a) the draft Rule determination; and\n- (b) notice of the making of the draft Rule determination.\n- (a) the reasons of the AEMC as to whether or not it should make the proposed Rule, including— (i) in the case where the proposed Rule is not a proposed more preferable Rule, the reasons of the AEMC as to whether it is satisfied the proposed Rule will or is likely to contribute to the achievement of the national gas objective; and (ii) in the case of a proposed more preferable Rule, the reasons of the AEMC as to whether it is satisfied the proposed more preferable Rule will or is likely to better contribute to the achievement of the national gas objective than the market initiated Rule request to which the more preferable Rule relates; and (iii) if the AEMC is required to take into account the form of regulation factors or the revenue and pricing principles, the reasons of the AEMC taking those factors or principles (as the case requires) into account; and (iv) the reasons of the AEMC having regard to any relevant MCE statement of policy principles; and (v) the reasons of the AEMC having regard to any other matters the AEMC considers relevant; and\n- (i) in the case where the proposed Rule is not a proposed more preferable Rule, the reasons of the AEMC as to whether it is satisfied the proposed Rule will or is likely to contribute to the achievement of the national gas objective; and\n- (ii) in the case of a proposed more preferable Rule, the reasons of the AEMC as to whether it is satisfied the proposed more preferable Rule will or is likely to better contribute to the achievement of the national gas objective than the market initiated Rule request to which the more preferable Rule relates; and\n- (iii) if the AEMC is required to take into account the form of regulation factors or the revenue and pricing principles, the reasons of the AEMC taking those factors or principles (as the case requires) into account; and\n- (iv) the reasons of the AEMC having regard to any relevant MCE statement of policy principles; and\n- (v) the reasons of the AEMC having regard to any other matters the AEMC considers relevant; and\n- (b) if the AEMC determines to make a Rule, a draft of the Rule to be made; and\n- (c) any other matters that are prescribed by the Regulations.\n- (i) in the case where the proposed Rule is not a proposed more preferable Rule, the reasons of the AEMC as to whether it is satisfied the proposed Rule will or is likely to contribute to the achievement of the national gas objective; and\n- (ii) in the case of a proposed more preferable Rule, the reasons of the AEMC as to whether it is satisfied the proposed more preferable Rule will or is likely to better contribute to the achievement of the national gas objective than the market initiated Rule request to which the more preferable Rule relates; and\n- (iii) if the AEMC is required to take into account the form of regulation factors or the revenue and pricing principles, the reasons of the AEMC taking those factors or principles (as the case requires) into account; and\n- (iv) the reasons of the AEMC having regard to any relevant MCE statement of policy principles; and\n- (v) the reasons of the AEMC having regard to any other matters the AEMC considers relevant; and\n- (a) invite written submissions and comments from any person or body in relation to the determination within a period specified by the AEMC, being a period not less than 6 weeks from the date of publication of the notice; and\n- (b) include a statement to the effect that any person or body may request, in writing within 1 week after the publication of the notice, the AEMC to hold a hearing in accordance with section 310 ; and\n- (c) contain any other information prescribed by the Regulations.","sortOrder":713},{"sectionNumber":"sec.309","sectionType":"section","heading":"Right to make written submissions and comments in relation to draft Rule determination","content":"### sec.309 Right to make written submissions and comments in relation to draft Rule determination\n\nAny person or body, within the period specified in a notice under section 308 (1) , may make a written submission or comment in relation to a draft Rule determination to which the notice relates.","sortOrder":714},{"sectionNumber":"sec.310","sectionType":"section","heading":"Pre-final Rule determination hearing may be held","content":"### sec.310 Pre-final Rule determination hearing may be held\n\nThe AEMC may (but need not), at any time after publication of a notice under section 308 (2) (b) and before making a final Rule determination, hold a hearing in relation to a draft Rule determination.\nIn addition, any person or body may request, in writing, within 1 week after the publication of a notice under section 308 (2) , the AEMC to hold a hearing in relation to a draft Rule determination.\nDespite subsection (2) , the AEMC may decide not to a hold a hearing in relation to a draft Rule determination.\nWithout limiting the reasons why the AEMC may decide not to a hold a hearing following a request under subsection (2) in relation to a draft Rule determination, the AEMC may decide not to hold a hearing if—\nthe person or body that requests the AEMC to hold a hearing does not make a written submission or comment in accordance with section 309 ; and\nno other person or body requests the AEMC to hold a hearing.\nIf the AEMC decides not to hold a hearing after a request under subsection (2) , it must give the person or body that requested the hearing its reasons, in writing, for declining that person’s or body’s request.\nIf the AEMC decides to hold a hearing, or agrees to hold a hearing after a request under subsection (2) , the AEMC must—\nappoint a date (being not later than 3 weeks after the date of publication of the notice under section 308 ), time and place for the holding of the hearing; and\npublish a notice of that date, time and place.\ns 310 amd 2009 No. 30 (SA) s 42\n(sec.310-ssec.1) The AEMC may (but need not), at any time after publication of a notice under section 308 (2) (b) and before making a final Rule determination, hold a hearing in relation to a draft Rule determination.\n(sec.310-ssec.2) In addition, any person or body may request, in writing, within 1 week after the publication of a notice under section 308 (2) , the AEMC to hold a hearing in relation to a draft Rule determination.\n(sec.310-ssec.3) Despite subsection (2) , the AEMC may decide not to a hold a hearing in relation to a draft Rule determination.\n(sec.310-ssec.4) Without limiting the reasons why the AEMC may decide not to a hold a hearing following a request under subsection (2) in relation to a draft Rule determination, the AEMC may decide not to hold a hearing if— the person or body that requests the AEMC to hold a hearing does not make a written submission or comment in accordance with section 309 ; and no other person or body requests the AEMC to hold a hearing.\n(sec.310-ssec.5) If the AEMC decides not to hold a hearing after a request under subsection (2) , it must give the person or body that requested the hearing its reasons, in writing, for declining that person’s or body’s request.\n(sec.310-ssec.6) If the AEMC decides to hold a hearing, or agrees to hold a hearing after a request under subsection (2) , the AEMC must— appoint a date (being not later than 3 weeks after the date of publication of the notice under section 308 ), time and place for the holding of the hearing; and publish a notice of that date, time and place.\n- (a) the person or body that requests the AEMC to hold a hearing does not make a written submission or comment in accordance with section 309 ; and\n- (b) no other person or body requests the AEMC to hold a hearing.\n- (a) appoint a date (being not later than 3 weeks after the date of publication of the notice under section 308 ), time and place for the holding of the hearing; and\n- (b) publish a notice of that date, time and place.","sortOrder":715},{"sectionNumber":"sec.311","sectionType":"section","heading":"Final Rule determination","content":"### sec.311 Final Rule determination\n\nSubject to section 312 , the AEMC must make a final Rule determination as to whether to make a proposed Rule.\nSubject to this Chapter, the AEMC must, within 6 weeks after the period for written submissions or comments in relation to the draft Rule determination ends, publish—\nthe final Rule determination; and\nnotice of the making of the final Rule determination.\nA final Rule determination must contain—\nthe reasons of the AEMC as to whether or not it should make a Rule, including—\nin the case where the Rule to be made is not a more preferable Rule, the reasons of the AEMC as to whether it is satisfied the Rule will or is likely to contribute to the achievement of the national gas objective; and\nin the case where the Rule to be made is a more preferable Rule, the reasons of the AEMC as to whether it is satisfied the more preferable Rule to be made will or is likely to better contribute to the achievement of the national gas objective than the market initiated Rule request to which the more preferable Rule relates; and\nif the AEMC is required to take into account the form of regulation factors or the revenue and pricing principles, the reasons of the AEMC taking those factors or principles (as the case requires) into account; and\nif the AEMC is required to take into account the innovative trial principles, the reasons of the AEMC taking those principles into account; and\nthe reasons of the AEMC having regard to any relevant MCE statement of policy principles; and\nthe reasons of the AEMC having regard to any other matters the AEMC considers relevant; and\nany other matters that are prescribed by the Regulations.\nA notice referred to in subsection (2) must contain the information prescribed by the Regulations.\ns 311 amd 2022 No. 22 (SA) s 43\n(sec.311-ssec.1) Subject to section 312 , the AEMC must make a final Rule determination as to whether to make a proposed Rule.\n(sec.311-ssec.2) Subject to this Chapter, the AEMC must, within 6 weeks after the period for written submissions or comments in relation to the draft Rule determination ends, publish— the final Rule determination; and notice of the making of the final Rule determination.\n(sec.311-ssec.3) A final Rule determination must contain— the reasons of the AEMC as to whether or not it should make a Rule, including— in the case where the Rule to be made is not a more preferable Rule, the reasons of the AEMC as to whether it is satisfied the Rule will or is likely to contribute to the achievement of the national gas objective; and in the case where the Rule to be made is a more preferable Rule, the reasons of the AEMC as to whether it is satisfied the more preferable Rule to be made will or is likely to better contribute to the achievement of the national gas objective than the market initiated Rule request to which the more preferable Rule relates; and if the AEMC is required to take into account the form of regulation factors or the revenue and pricing principles, the reasons of the AEMC taking those factors or principles (as the case requires) into account; and if the AEMC is required to take into account the innovative trial principles, the reasons of the AEMC taking those principles into account; and the reasons of the AEMC having regard to any relevant MCE statement of policy principles; and the reasons of the AEMC having regard to any other matters the AEMC considers relevant; and any other matters that are prescribed by the Regulations.\n(sec.311-ssec.4) A notice referred to in subsection (2) must contain the information prescribed by the Regulations.\n- (a) the final Rule determination; and\n- (b) notice of the making of the final Rule determination.\n- (a) the reasons of the AEMC as to whether or not it should make a Rule, including— (i) in the case where the Rule to be made is not a more preferable Rule, the reasons of the AEMC as to whether it is satisfied the Rule will or is likely to contribute to the achievement of the national gas objective; and (ii) in the case where the Rule to be made is a more preferable Rule, the reasons of the AEMC as to whether it is satisfied the more preferable Rule to be made will or is likely to better contribute to the achievement of the national gas objective than the market initiated Rule request to which the more preferable Rule relates; and (iii) if the AEMC is required to take into account the form of regulation factors or the revenue and pricing principles, the reasons of the AEMC taking those factors or principles (as the case requires) into account; and (iiia) if the AEMC is required to take into account the innovative trial principles, the reasons of the AEMC taking those principles into account; and (iv) the reasons of the AEMC having regard to any relevant MCE statement of policy principles; and (v) the reasons of the AEMC having regard to any other matters the AEMC considers relevant; and\n- (i) in the case where the Rule to be made is not a more preferable Rule, the reasons of the AEMC as to whether it is satisfied the Rule will or is likely to contribute to the achievement of the national gas objective; and\n- (ii) in the case where the Rule to be made is a more preferable Rule, the reasons of the AEMC as to whether it is satisfied the more preferable Rule to be made will or is likely to better contribute to the achievement of the national gas objective than the market initiated Rule request to which the more preferable Rule relates; and\n- (iii) if the AEMC is required to take into account the form of regulation factors or the revenue and pricing principles, the reasons of the AEMC taking those factors or principles (as the case requires) into account; and\n- (iiia) if the AEMC is required to take into account the innovative trial principles, the reasons of the AEMC taking those principles into account; and\n- (iv) the reasons of the AEMC having regard to any relevant MCE statement of policy principles; and\n- (v) the reasons of the AEMC having regard to any other matters the AEMC considers relevant; and\n- (b) any other matters that are prescribed by the Regulations.\n- (i) in the case where the Rule to be made is not a more preferable Rule, the reasons of the AEMC as to whether it is satisfied the Rule will or is likely to contribute to the achievement of the national gas objective; and\n- (ii) in the case where the Rule to be made is a more preferable Rule, the reasons of the AEMC as to whether it is satisfied the more preferable Rule to be made will or is likely to better contribute to the achievement of the national gas objective than the market initiated Rule request to which the more preferable Rule relates; and\n- (iii) if the AEMC is required to take into account the form of regulation factors or the revenue and pricing principles, the reasons of the AEMC taking those factors or principles (as the case requires) into account; and\n- (iiia) if the AEMC is required to take into account the innovative trial principles, the reasons of the AEMC taking those principles into account; and\n- (iv) the reasons of the AEMC having regard to any relevant MCE statement of policy principles; and\n- (v) the reasons of the AEMC having regard to any other matters the AEMC considers relevant; and","sortOrder":716},{"sectionNumber":"sec.312","sectionType":"section","heading":"Proposal to make more preferable Rule","content":"### sec.312 Proposal to make more preferable Rule\n\nIf, in view of the response to a draft Rule determination, the AEMC proposes to make a more preferable Rule, the AEMC may—\nmake, and publish notice of, a draft Rule determination in respect of the proposed more preferable Rule; or\nmake, and publish notice of, a final Rule determination for the proposed more preferable Rule.\nThe final Rule determination, or further draft Rule determination, and the related notice, must be published within 30 business days after the end of the period for submissions or comments on the earlier draft Rule determination.\ns 312 sub 2009 No. 30 (SA) s 43\n(sec.312-ssec.1) If, in view of the response to a draft Rule determination, the AEMC proposes to make a more preferable Rule, the AEMC may— make, and publish notice of, a draft Rule determination in respect of the proposed more preferable Rule; or make, and publish notice of, a final Rule determination for the proposed more preferable Rule.\n(sec.312-ssec.2) The final Rule determination, or further draft Rule determination, and the related notice, must be published within 30 business days after the end of the period for submissions or comments on the earlier draft Rule determination.\n- (a) make, and publish notice of, a draft Rule determination in respect of the proposed more preferable Rule; or\n- (b) make, and publish notice of, a final Rule determination for the proposed more preferable Rule.","sortOrder":717},{"sectionNumber":"sec.313","sectionType":"section","heading":"Making of Rule","content":"### sec.313 Making of Rule\n\nSubject to this section, if the AEMC, in its final Rule determination, determines to make a Rule, the AEMC must make the relevant Rule as soon as practicable after the publication of the final Rule determination.\nNotice of the making of the Rule must be published in the South Australian Government Gazette as soon as practicable after the making of the Rule.\nThe AEMC must not make a trial Rule unless the date on which the Rule will expire (which must be no more than 5 years after the date on which the trial Rule commences operation) is specified in the Rule.\ns 313 amd 2022 No. 22 (SA) s 44\n(sec.313-ssec.1) Subject to this section, if the AEMC, in its final Rule determination, determines to make a Rule, the AEMC must make the relevant Rule as soon as practicable after the publication of the final Rule determination.\n(sec.313-ssec.2) Notice of the making of the Rule must be published in the South Australian Government Gazette as soon as practicable after the making of the Rule.\n(sec.313-ssec.3) The AEMC must not make a trial Rule unless the date on which the Rule will expire (which must be no more than 5 years after the date on which the trial Rule commences operation) is specified in the Rule.","sortOrder":718},{"sectionNumber":"sec.314","sectionType":"section","heading":"Operation and commencement of Rule","content":"### sec.314 Operation and commencement of Rule\n\nA Rule made under section 313 commences operation on the day the relevant notice is published in the South Australian Government Gazette or on any day after that day that is provided for in the relevant notice or the Rule.","sortOrder":719},{"sectionNumber":"sec.314A","sectionType":"section","heading":"Extension of trial Rule","content":"### sec.314A Extension of trial Rule\n\nSubject to this section, the AEMC may, on request, extend, by notice, the date on which a trial Rule will expire (the expiry date ) to a later date, being a date that falls not more than the period prescribed by the Regulations after the expiry date.\nBefore extending the expiry date of a trial Rule, the AEMC—\nmust have regard to the innovative trial principles; and\nmust consult with the AER; and\nif the AEMC considers that the trial Rule, or the trial project to which the trial Rule relates, may impact on AEMO’s operation of systems relating to covered gas and markets for covered gas—must consult with AEMO; and\nmay consult with AEMO or any other person.\nA request under subsection (1) must—\nbe made to the AEMC at least 60 days before the expiry date; and\nspecify the length of the extension required.\nA notice under subsection (1) must—\nbe published; and\nspecify the later date referred to in subsection (1) .\nThe expiry date of a trial Rule may only be extended once under subsection (1) .\ns 314A ins 2022 No. 22 (SA) s 45\namd 2023 No. 36 (SA) s 64\n(sec.314A-ssec.1) Subject to this section, the AEMC may, on request, extend, by notice, the date on which a trial Rule will expire (the expiry date ) to a later date, being a date that falls not more than the period prescribed by the Regulations after the expiry date.\n(sec.314A-ssec.2) Before extending the expiry date of a trial Rule, the AEMC— must have regard to the innovative trial principles; and must consult with the AER; and if the AEMC considers that the trial Rule, or the trial project to which the trial Rule relates, may impact on AEMO’s operation of systems relating to covered gas and markets for covered gas—must consult with AEMO; and may consult with AEMO or any other person.\n(sec.314A-ssec.3) A request under subsection (1) must— be made to the AEMC at least 60 days before the expiry date; and specify the length of the extension required.\n(sec.314A-ssec.4) A notice under subsection (1) must— be published; and specify the later date referred to in subsection (1) .\n(sec.314A-ssec.5) The expiry date of a trial Rule may only be extended once under subsection (1) .\n- (a) must have regard to the innovative trial principles; and\n- (b) must consult with the AER; and\n- (c) if the AEMC considers that the trial Rule, or the trial project to which the trial Rule relates, may impact on AEMO’s operation of systems relating to covered gas and markets for covered gas—must consult with AEMO; and\n- (d) may consult with AEMO or any other person.\n- (a) be made to the AEMC at least 60 days before the expiry date; and\n- (b) specify the length of the extension required.\n- (a) be published; and\n- (b) specify the later date referred to in subsection (1) .","sortOrder":720},{"sectionNumber":"sec.314B","sectionType":"section","heading":"AEMC may impose requirements on proponent of trial project on making trial Rule","content":"### sec.314B AEMC may impose requirements on proponent of trial project on making trial Rule\n\nThe AEMC may, in connection with making a trial Rule, by notice, impose requirements on a person or body that proposes to undertake the trial project (a proponent ) to which the trial Rule relates.\nWithout limiting subsection (1) , the AEMC may impose a requirement that 1 or more reports be submitted to the AER in relation to the trial project.\nA notice under subsection (1) must—\nbe published; and\ncomply with any other requirements prescribed by the Regulations.\nA proponent to which requirements imposed under this section apply must comply with those requirements.\nIf a proponent breaches subsection (4) and, as a result of the breach, the AER recommends that a trial Rule be revoked before the date on which the Rule will expire, the AEMC may—\nrevoke the trial Rule; or\nvary or revoke a requirement imposed on the proponent, or impose further requirements on the proponent.\ns 314B ins 2022 No. 22 (SA) s 45\n(sec.314B-ssec.1) The AEMC may, in connection with making a trial Rule, by notice, impose requirements on a person or body that proposes to undertake the trial project (a proponent ) to which the trial Rule relates.\n(sec.314B-ssec.2) Without limiting subsection (1) , the AEMC may impose a requirement that 1 or more reports be submitted to the AER in relation to the trial project.\n(sec.314B-ssec.3) A notice under subsection (1) must— be published; and comply with any other requirements prescribed by the Regulations.\n(sec.314B-ssec.4) A proponent to which requirements imposed under this section apply must comply with those requirements.\n(sec.314B-ssec.5) If a proponent breaches subsection (4) and, as a result of the breach, the AER recommends that a trial Rule be revoked before the date on which the Rule will expire, the AEMC may— revoke the trial Rule; or vary or revoke a requirement imposed on the proponent, or impose further requirements on the proponent.\n- (a) be published; and\n- (b) comply with any other requirements prescribed by the Regulations.\n- (a) revoke the trial Rule; or\n- (b) vary or revoke a requirement imposed on the proponent, or impose further requirements on the proponent.","sortOrder":721},{"sectionNumber":"sec.314C","sectionType":"section","heading":"AEMC may revoke trial Rule on recommendation of AER","content":"### sec.314C AEMC may revoke trial Rule on recommendation of AER\n\nThe AEMC may, on the recommendation of the AER, revoke a trial Rule in accordance with this Chapter.\nThis section is in addition to, and does not limit, section 314B .\ns 314C ins 2022 No. 22 (SA) s 45\n(sec.314C-ssec.1) The AEMC may, on the recommendation of the AER, revoke a trial Rule in accordance with this Chapter.\n(sec.314C-ssec.2) This section is in addition to, and does not limit, section 314B .","sortOrder":722},{"sectionNumber":"sec.314D","sectionType":"section","heading":"Special provision for revocation of trial Rule","content":"### sec.314D Special provision for revocation of trial Rule\n\nPart 1 Division 2 , Part 3 and Part 4 do not apply to the revocation of a trial Rule by the AEMC under section 314B (5) (a) or 314C (1) .\nAs soon as practicable after revoking a trial Rule under section 314B (5) (a) or 314C (1) , the AEMC must—\npublish notice of the revocation, specifying the date on which the revocation takes effect, on its website; and\npublish reasons for the revocation on its website.\ns 314D ins 2022 No. 22 (SA) s 45\n(sec.314D-ssec.1) Part 1 Division 2 , Part 3 and Part 4 do not apply to the revocation of a trial Rule by the AEMC under section 314B (5) (a) or 314C (1) .\n(sec.314D-ssec.2) As soon as practicable after revoking a trial Rule under section 314B (5) (a) or 314C (1) , the AEMC must— publish notice of the revocation, specifying the date on which the revocation takes effect, on its website; and publish reasons for the revocation on its website.\n- (a) publish notice of the revocation, specifying the date on which the revocation takes effect, on its website; and\n- (b) publish reasons for the revocation on its website.","sortOrder":723},{"sectionNumber":"sec.315","sectionType":"section","heading":"Rule that is made to be published on website and made available to the public","content":"### sec.315 Rule that is made to be published on website and made available to the public\n\nOn publication of a notice in accordance with section 313 (2) , the AEMC must, without delay—\npublish the Rule on its website; and\nmake copies of the Rule available to the public at its offices.\n- (a) publish the Rule on its website; and\n- (b) make copies of the Rule available to the public at its offices.","sortOrder":724},{"sectionNumber":"sec.316","sectionType":"section","heading":"Evidence of the National Gas Rules","content":"### sec.316 Evidence of the National Gas Rules\n\nA document purporting to be a copy of—\nthe National Gas Rules; or\nthe initial National Gas Rules; or\nan amendment to the initial National Gas Rules or the National Gas Rules,\nendorsed with a certificate to which the seal of the AEMC has been duly affixed certifying the document is such a copy, is evidence that the document is such a copy.\n- (a) the National Gas Rules; or\n- (b) the initial National Gas Rules; or\n- (c) an amendment to the initial National Gas Rules or the National Gas Rules,","sortOrder":725},{"sectionNumber":"ch.9-pt.4","sectionType":"part","heading":"Miscellaneous provisions relating to rule making by the AEMC","content":"# Miscellaneous provisions relating to rule making by the AEMC","sortOrder":726},{"sectionNumber":"sec.317","sectionType":"section","heading":"Extension of periods of time in Rule making procedure","content":"### sec.317 Extension of periods of time in Rule making procedure\n\nDespite anything to the contrary in this Chapter and without limiting section 318 , the AEMC may, by notice, extend a period of time specified in Chapter 9 Part 3 if the AEMC considers that a request for a Rule raises issues of sufficient complexity or difficulty or there is a material change in circumstances such that it is necessary that the relevant period of time specified in Chapter 9 Part 3 be extended.\nA notice under subsection (1) must—\nbe published; and\nset out the period of time specified in Chapter 9 Part 3 to be extended; and\nspecify a new period of time to apply in the place of the period of time specified in Chapter 9 Part 3 .\nA notice under subsection (1) may be published at the same time as a notice under section 303 .\nThe AEMC may only extend a period of time under this section before the expiry of that time.\n(sec.317-ssec.1) Despite anything to the contrary in this Chapter and without limiting section 318 , the AEMC may, by notice, extend a period of time specified in Chapter 9 Part 3 if the AEMC considers that a request for a Rule raises issues of sufficient complexity or difficulty or there is a material change in circumstances such that it is necessary that the relevant period of time specified in Chapter 9 Part 3 be extended.\n(sec.317-ssec.2) A notice under subsection (1) must— be published; and set out the period of time specified in Chapter 9 Part 3 to be extended; and specify a new period of time to apply in the place of the period of time specified in Chapter 9 Part 3 .\n(sec.317-ssec.3) A notice under subsection (1) may be published at the same time as a notice under section 303 .\n(sec.317-ssec.4) The AEMC may only extend a period of time under this section before the expiry of that time.\n- (a) be published; and\n- (b) set out the period of time specified in Chapter 9 Part 3 to be extended; and\n- (c) specify a new period of time to apply in the place of the period of time specified in Chapter 9 Part 3 .","sortOrder":727},{"sectionNumber":"sec.318","sectionType":"section","heading":"AEMC may extend period of time for making of final Rule determination for further consultation","content":"### sec.318 AEMC may extend period of time for making of final Rule determination for further consultation\n\nThis section applies if—\na person or body raises an issue in—\na submission or comment in relation to a draft Rule determination; or\na hearing held under section 307 or 310 ; and\nthe AEMC considers the issue raised by the person or body requires further public consultation in relation to the proposed Rule or draft Rule determination.\nDespite anything to the contrary in this Chapter and without limiting section 317 , the AEMC may, by notice, extend the period of time specified in section 311 within which it must make a final Rule determination.\nA notice under subsection (2) must—\nbe published; and\nspecify a new period of time to apply in the place of the period of time specified in section 311 ; and\nspecify the issue on which the AEMC requires further public submissions and comments; and\ninvite written submissions and comments from any person or body by the date specified in the notice.\nThe new period of time must not have the effect of extending the relevant period of the time specified in section 311 by more than 4 weeks.\nThe AEMC may only extend the period of time under this section before the expiry of time specified in section 311 .\nAny person or body, within the period specified in a notice under subsection (2) , may make a written submission or comment in relation to the issue specified in the notice.\n(sec.318-ssec.1) This section applies if— a person or body raises an issue in— a submission or comment in relation to a draft Rule determination; or a hearing held under section 307 or 310 ; and the AEMC considers the issue raised by the person or body requires further public consultation in relation to the proposed Rule or draft Rule determination.\n(sec.318-ssec.2) Despite anything to the contrary in this Chapter and without limiting section 317 , the AEMC may, by notice, extend the period of time specified in section 311 within which it must make a final Rule determination.\n(sec.318-ssec.3) A notice under subsection (2) must— be published; and specify a new period of time to apply in the place of the period of time specified in section 311 ; and specify the issue on which the AEMC requires further public submissions and comments; and invite written submissions and comments from any person or body by the date specified in the notice.\n(sec.318-ssec.4) The new period of time must not have the effect of extending the relevant period of the time specified in section 311 by more than 4 weeks.\n(sec.318-ssec.5) The AEMC may only extend the period of time under this section before the expiry of time specified in section 311 .\n(sec.318-ssec.6) Any person or body, within the period specified in a notice under subsection (2) , may make a written submission or comment in relation to the issue specified in the notice.\n- (a) a person or body raises an issue in— (i) a submission or comment in relation to a draft Rule determination; or (ii) a hearing held under section 307 or 310 ; and\n- (i) a submission or comment in relation to a draft Rule determination; or\n- (ii) a hearing held under section 307 or 310 ; and\n- (b) the AEMC considers the issue raised by the person or body requires further public consultation in relation to the proposed Rule or draft Rule determination.\n- (i) a submission or comment in relation to a draft Rule determination; or\n- (ii) a hearing held under section 307 or 310 ; and\n- (a) be published; and\n- (b) specify a new period of time to apply in the place of the period of time specified in section 311 ; and\n- (c) specify the issue on which the AEMC requires further public submissions and comments; and\n- (d) invite written submissions and comments from any person or body by the date specified in the notice.","sortOrder":728},{"sectionNumber":"sec.319","sectionType":"section","heading":"AEMC may publish written submissions and comments unless confidential","content":"### sec.319 AEMC may publish written submissions and comments unless confidential\n\nSubject to this section, the AEMC may publish any information in any written submission or comment given to it under this Chapter unless—\nthe person or body who gave the information, claims, when giving it to the AEMC, that it contains confidential information; and\nthe AEMC decides that the written submission or comment contains confidential information.\nA written submission or comment given to the AEMC under this Chapter that has been claimed under this section to contain confidential information, and that the AEMC has decided contains confidential information, may be published if that information is omitted.\nIf information is omitted from a published written submission or comment given to the AEMC under this Chapter as being confidential information, a note to that effect must be included in the submission or comment at the place in the submission or comment from which the information is omitted.\nSee also section 71 of this Law and section 24 of the Australian Energy Market Commission Establishment Act 2004 of South Australia.\n(sec.319-ssec.1) Subject to this section, the AEMC may publish any information in any written submission or comment given to it under this Chapter unless— the person or body who gave the information, claims, when giving it to the AEMC, that it contains confidential information; and the AEMC decides that the written submission or comment contains confidential information.\n(sec.319-ssec.2) A written submission or comment given to the AEMC under this Chapter that has been claimed under this section to contain confidential information, and that the AEMC has decided contains confidential information, may be published if that information is omitted.\n(sec.319-ssec.3) If information is omitted from a published written submission or comment given to the AEMC under this Chapter as being confidential information, a note to that effect must be included in the submission or comment at the place in the submission or comment from which the information is omitted. See also section 71 of this Law and section 24 of the Australian Energy Market Commission Establishment Act 2004 of South Australia.\n- (a) the person or body who gave the information, claims, when giving it to the AEMC, that it contains confidential information; and\n- (b) the AEMC decides that the written submission or comment contains confidential information.","sortOrder":729},{"sectionNumber":"sec.320","sectionType":"section","heading":"AEMC must publicly report on Rules not made within 12 months of public notification of requests","content":"### sec.320 AEMC must publicly report on Rules not made within 12 months of public notification of requests\n\nThis section applies if the AEMC—\npublishes a notice under section 303 in respect of a request for the making of a Rule; but\ndoes not make a final Rule determination in respect of that request within 12 months after the publication of that notice (the report trigger date ).\nThe AEMC must prepare a report on the request as soon as practicable after the report trigger date.\nA report prepared under this section—\nmust contain the reasons why the final Rule determination has not been made within 12 months after the publication of the notice under section 303 ; and\nmust specify when the AEMC considers it will make the final Rule determination; and\nmust be published.\n(sec.320-ssec.1) This section applies if the AEMC— publishes a notice under section 303 in respect of a request for the making of a Rule; but does not make a final Rule determination in respect of that request within 12 months after the publication of that notice (the report trigger date ).\n(sec.320-ssec.2) The AEMC must prepare a report on the request as soon as practicable after the report trigger date.\n(sec.320-ssec.3) A report prepared under this section— must contain the reasons why the final Rule determination has not been made within 12 months after the publication of the notice under section 303 ; and must specify when the AEMC considers it will make the final Rule determination; and must be published.\n- (a) publishes a notice under section 303 in respect of a request for the making of a Rule; but\n- (b) does not make a final Rule determination in respect of that request within 12 months after the publication of that notice (the report trigger date ).\n- (a) must contain the reasons why the final Rule determination has not been made within 12 months after the publication of the notice under section 303 ; and\n- (b) must specify when the AEMC considers it will make the final Rule determination; and\n- (c) must be published.","sortOrder":730},{"sectionNumber":"sec.320A","sectionType":"section","heading":"Subsequent rule making by AEMC","content":"### sec.320A Subsequent rule making by AEMC\n\nNothing in Part 2 Division 2 is to be taken to affect the power of the AEMC to make Rules (in accordance with this Law and the Regulations) for or with respect to any matter or thing referred to in section 74 and Schedule 1 to this Law (whether before or after Rules have been made under Part 2 Division 2 ).\ns 320A ins 2018 No. 12 (SA) s 27","sortOrder":731},{"sectionNumber":"ch.10-pt.1","sectionType":"part","heading":null,"content":"","sortOrder":732},{"sectionNumber":"sec.321","sectionType":"section","heading":null,"content":"### Section sec.321\n\ns 321 om 2022 No. 21 (SA) s 83","sortOrder":733},{"sectionNumber":"sec.322","sectionType":"section","heading":null,"content":"### Section sec.322\n\ns 322 amd 2018 No. 23 (SA) s 22\nom 2022 No. 21 (SA) s 83","sortOrder":734},{"sectionNumber":"sec.323","sectionType":"section","heading":null,"content":"### Section sec.323\n\ns 323 om 2022 No. 21 (SA) s 83","sortOrder":735},{"sectionNumber":"ch.10-pt.2","sectionType":"part","heading":"Handling of confidential information","content":"# Handling of confidential information","sortOrder":736},{"sectionNumber":"ch.10-pt.2-div.1","sectionType":"division","heading":"Disclosure of confidential information held by AER","content":"## Disclosure of confidential information held by AER","sortOrder":737},{"sectionNumber":"sec.324","sectionType":"section","heading":"Authorised disclosure of information given to the AER in confidence","content":"### sec.324 Authorised disclosure of information given to the AER in confidence\n\nThe AER is authorised to disclose information given to it in confidence in, or in connection with, the performance or exercise of its functions or powers under this Law or the Rules subject to and in accordance with—\nthis Division; or\nsection 184 .\nSee also section 30 of this Law and section 44AAF of the Competition and Consumer Act 2010 of the Commonwealth.\ns 324 amd 2022 No. 21 (SA) s 82\n- (a) this Division; or\n- (b) section 184 .","sortOrder":738},{"sectionNumber":"sec.325","sectionType":"section","heading":"Disclosure with prior written consent is authorised","content":"### sec.325 Disclosure with prior written consent is authorised\n\nThe AER is authorised to disclose information given to it in confidence if the AER has the written consent to do so of—\nthe person who gave the information; or\nthe person from whom the person referred to in paragraph (a) received that information.\n- (a) the person who gave the information; or\n- (b) the person from whom the person referred to in paragraph (a) received that information.","sortOrder":739},{"sectionNumber":"sec.326","sectionType":"section","heading":"Disclosure for purposes of court and tribunal proceedings and to accord natural justice","content":"### sec.326 Disclosure for purposes of court and tribunal proceedings and to accord natural justice\n\nThe AER is authorised to disclose information given to it in confidence—\nfor the purposes of civil or criminal proceedings; or\nfor the purposes of a proceeding before the Tribunal or a tribunal established by or under a law of this jurisdiction or another participating jurisdiction; or\nfor the purposes of according natural justice to a person affected by a decision (however described) of the AER under this Law or the Rules.\n- (a) for the purposes of civil or criminal proceedings; or\n- (b) for the purposes of a proceeding before the Tribunal or a tribunal established by or under a law of this jurisdiction or another participating jurisdiction; or\n- (c) for the purposes of according natural justice to a person affected by a decision (however described) of the AER under this Law or the Rules.","sortOrder":740},{"sectionNumber":"sec.326A","sectionType":"section","heading":"Disclosure of information to Energy Security Board","content":"### sec.326A Disclosure of information to Energy Security Board\n\nThe AER is authorised to disclose to the Energy Security Board information given to the AER in confidence in or in connection with the performance of its functions or the exercise of its powers under this Law or the Rules.\ns 326A ins 2018 No. 12 (SA) s 28","sortOrder":741},{"sectionNumber":"sec.327","sectionType":"section","heading":"Disclosure of information given to the AER with confidential information omitted","content":"### sec.327 Disclosure of information given to the AER with confidential information omitted\n\nThis section applies if—\nin compliance with this Law or the Rules or voluntarily, a person gives the AER information in confidence; and\nthat information is contained in a document with other information.\nThe AER may disclose the document with the information given in confidence omitted.\nThe AER must include a note at the place in the document from which the information given in confidence is omitted to the effect that that information has been omitted from the document.\n(sec.327-ssec.1) This section applies if— in compliance with this Law or the Rules or voluntarily, a person gives the AER information in confidence; and that information is contained in a document with other information.\n(sec.327-ssec.2) The AER may disclose the document with the information given in confidence omitted.\n(sec.327-ssec.3) The AER must include a note at the place in the document from which the information given in confidence is omitted to the effect that that information has been omitted from the document.\n- (a) in compliance with this Law or the Rules or voluntarily, a person gives the AER information in confidence; and\n- (b) that information is contained in a document with other information.","sortOrder":742},{"sectionNumber":"sec.328","sectionType":"section","heading":"Disclosure of information given in confidence does not identify anyone","content":"### sec.328 Disclosure of information given in confidence does not identify anyone\n\nThe AER is authorised to disclose information given to it in confidence, in compliance with this Law or the Rules or voluntarily, if—\nit does not disclose any elements of the information that could lead to the identification of the person to whom that information relates; or\nthe manner in which it discloses the information does not identify the person to whom that information relates.\nInformation disclosed under this section may be combined or arranged with other information provided that the manner in which that information is combined or arranged will not lead to the identification of the person to whom the information relates.\n- (a) it does not disclose any elements of the information that could lead to the identification of the person to whom that information relates; or\n- (b) the manner in which it discloses the information does not identify the person to whom that information relates.","sortOrder":743},{"sectionNumber":"sec.328A","sectionType":"section","heading":"Disclosure of information that has entered the public domain","content":"### sec.328A Disclosure of information that has entered the public domain\n\nThe AER is authorised to disclose information given to it in confidence, in compliance with this Law or the Rules or voluntarily, if the information is already in the public domain.\ns 328A ins 2009 No. 30 (SA) s 44","sortOrder":744},{"sectionNumber":"sec.328B","sectionType":"section","heading":"Disclosure of information in an aggregated form","content":"### sec.328B Disclosure of information in an aggregated form\n\nThe AER is authorised to disclose information given to it in confidence, in compliance with this Law or the Rules or voluntarily, if the information has been combined or arranged with other information so that it does not reveal any confidential aspects of the information.\ns 328B ins 2016 No. 55 (SA) s 17","sortOrder":745},{"sectionNumber":"sec.329","sectionType":"section","heading":"Disclosure of information authorised if detriment does not outweigh public benefit","content":"### sec.329 Disclosure of information authorised if detriment does not outweigh public benefit\n\nDespite sections 325 to 328B (inclusive), the AER is authorised to disclose information given to it in confidence, in compliance with this Law or the Rules or voluntarily, after the restricted period if the AER is of the opinion—\nthat the disclosure of the information would not cause detriment to the person who has given it or to the person from whom that person received it; or\nthat, although the disclosure of the information would cause detriment to such a person, the public benefit in disclosing it outweighs that detriment.\nHowever—\nin the case of information given to the AER in order to comply with a regulatory information instrument—the AER must not disclose information under subsection (1) unless and until—\nthe AER has considered any reasons and information given to the AER under section 57A (1) (b) and (2) when determining whether or not it is of the opinion required by subsection (1) ; and\nthe AER has complied with subsections (1b) , (1c) and (1d); and\nthe restricted period has expired; and\nin the case of other information—the AER must not disclose information under subsection (1) unless and until—\nthe AER has complied with subsections (2) to (6) (inclusive); and\nthe restricted period has expired.\nIf the AER wishes to disclose information to which subsection (1a) (a) applies (after taking into account the requirements of subsections (1) and (1a)(a)) and—\nthe AER intends to disclose the information on the basis of the AER having formed the opinion required by subsection (1) (a) , the AER must give the person who gave the information and, if the AER is aware that the person who gave the information in turn received the information from another person and is aware of that other person’s identity and address, that other person—\na written notice stating—\nthat the AER wishes to disclose the information, specifying the nature of the intended disclosure; and\nthat the AER is of the opinion required by subsection (1) (a) ; and\nthe AER’s decision, in writing, setting out the reasons why the AER—\nwishes to make the disclosure; and\nis of the opinion required by subsection (1) (a) ; or\nthe AER intends to disclose the information on the basis of the AER having formed the opinion required by subsection (1) (b) , the AER must give the person who gave the information and, if the AER is aware that the person who gave the information in turn received the information from another person and is aware of that other person’s identity and address, that other person—\na written notice stating—\nthat the AER wishes to disclose the information, specifying the nature of the intended disclosure; and\nthat the AER is of the opinion required by subsection (1) (b) ; and\nthat the person, within the period specified in the notice (which must not be less than 5 business days after the date the notice is given to the person), may make representations to the AER solely in relation to the AER’s reasons for deciding that the public benefit in disclosing the information outweighs any detriment that may be caused to the person by the disclosure; and\nthe AER’s decision, in writing, setting out the reasons why the AER—\nwishes to make the disclosure; and\nis of the opinion required by subsection (1) (b) .\nThe AER must consider any representation that complies with the requirements of subsection (1b) (b) (i) (C) made to it by a person given a notice under subsection (1b) (b) (i) within the time specified in the notice.\nIf, after considering any representation under subsection (1c) , the AER wishes to disclose the information, the AER must give each person given a notice under subsection (1b) (b) (i) —\na written notice stating—\nthat the AER wishes to disclose the information, specifying the nature of the intended disclosure; and\nthat the AER is of the opinion required by subsection (1) (b) ; and\nthe AER’s decision, in writing, setting out the reasons why the AER—\nwishes to make the disclosure; and\nis of the opinion required by subsection (1) (b) .\nTo avoid doubt, a person entitled to make representations under subsection (1b) (b) (i) is not entitled to make representations under that subsection in relation to the AER’s assessment of the detriment that may be caused to the person by the intended disclosure of the information.\nBefore disclosing information to which subsection (1a) (b) applies, the AER must give the person who gave the information—\na written notice (an initial disclosure notice ) stating—\nthat the AER wishes to disclose the information, specifying the nature of the intended disclosure; and\nthat the AER is of the opinion required by subsection (1) ; and\nthat the person, within the period specified in the notice, may make representations to the AER not to disclose the information; and\nthe AER’s decision, in writing, setting out the reasons why the AER—\nwishes to make the disclosure; and\nis of the opinion required by subsection (1) .\nIf the AER is aware that the person who gave information to which subsection (1a) (b) applies in turn received the information from another person and is aware of that other person’s identity and address, the AER must, before disclosing the information give that other person—\na written notice (an initial disclosure notice ) stating—\nthat the AER wishes to disclose the information, specifying the nature of the intended disclosure; and\nthat the AER is of the opinion required by subsection (1) ; and\nthat the person, within the period specified in the notice, may make representations to the AER not to disclose the information; and\nthe AER’s decision, in writing, setting out the reasons why the AER—\nwishes to make the disclosure; and\nis of the opinion required by subsection (1) .\nThe AER must consider every representation made to it by a person given an initial disclosure notice under this section within the time specified in the notice.\nThe period of time specified in an initial disclosure notice must not be less than 5 business days after the date the initial disclosure notice is given to the person.\nIf after considering any representation under subsection (4) , the AER wishes to disclose the information, the AER must give the person given the initial disclosure notice—\na written notice (a further disclosure notice ) stating—\nthat the AER wishes to disclose the information, specifying the nature of the intended disclosure; and\nthat the AER is of the opinion required by subsection (1) ; and\nthe AER’s decision, in writing, setting out the reasons why the AER—\nwishes to make the disclosure; and\nis of the opinion required by subsection (1) .\nFor the purposes of this section, the disclosure of anything that is already in the public domain at the time the AER wishes to disclose it cannot cause detriment to any person referred to in subsection (1b) , (2) or (3) .\nDespite anything to the contrary in this Law, this section is taken to be an exhaustive statement of the requirements of the natural justice hearing rule in relation to—\nthe AER’s decision under subsection (1) to disclose information given in confidence to the AER including, but not limited to, such information given to the AER in compliance with a regulatory information instrument and in relation to which a claim of confidentiality has been made in accordance with section 57A ; and\nwithout limiting paragraph (a) , if the AER’s decision under subsection (1) is to disclose the confidential information, the AER’s opinion—\nthat the disclosure of the information would not cause detriment to the person who gave the information or, if the person who gave the information in turn received the information from another person, that other person (as the case may be); or\nthat, although the disclosure of the information would cause detriment to such a person, the public benefit in disclosing it outweighs that detriment.\nIn this section—\nrestricted period means—\nin the case of information given to the AER in order to comply with a regulatory information instrument—a period of 5 business days after—\na notice has been given under subsection (1b) (a) (i) ; or\n—\na notice has been given under subsection (1b) (b) (i) ; or\na notice has been given under subsection (1d) (a) ,\nwhichever is the later; or\nin the case of other information—a period of 5 business days after—\nan initial disclosure notice has been given under this section; or\na further disclosure notice has been given under this section,\nwhichever is the later.\ns 329 amd 2009 No. 30 (SA) s 45 ; 2016 No. 55 (SA) s 18\n(sec.329-ssec.1) Despite sections 325 to 328B (inclusive), the AER is authorised to disclose information given to it in confidence, in compliance with this Law or the Rules or voluntarily, after the restricted period if the AER is of the opinion— that the disclosure of the information would not cause detriment to the person who has given it or to the person from whom that person received it; or that, although the disclosure of the information would cause detriment to such a person, the public benefit in disclosing it outweighs that detriment.\n(sec.329-ssec.1a) However— in the case of information given to the AER in order to comply with a regulatory information instrument—the AER must not disclose information under subsection (1) unless and until— the AER has considered any reasons and information given to the AER under section 57A (1) (b) and (2) when determining whether or not it is of the opinion required by subsection (1) ; and the AER has complied with subsections (1b) , (1c) and (1d); and the restricted period has expired; and in the case of other information—the AER must not disclose information under subsection (1) unless and until— the AER has complied with subsections (2) to (6) (inclusive); and the restricted period has expired.\n(sec.329-ssec.1b) If the AER wishes to disclose information to which subsection (1a) (a) applies (after taking into account the requirements of subsections (1) and (1a)(a)) and— the AER intends to disclose the information on the basis of the AER having formed the opinion required by subsection (1) (a) , the AER must give the person who gave the information and, if the AER is aware that the person who gave the information in turn received the information from another person and is aware of that other person’s identity and address, that other person— a written notice stating— that the AER wishes to disclose the information, specifying the nature of the intended disclosure; and that the AER is of the opinion required by subsection (1) (a) ; and the AER’s decision, in writing, setting out the reasons why the AER— wishes to make the disclosure; and is of the opinion required by subsection (1) (a) ; or the AER intends to disclose the information on the basis of the AER having formed the opinion required by subsection (1) (b) , the AER must give the person who gave the information and, if the AER is aware that the person who gave the information in turn received the information from another person and is aware of that other person’s identity and address, that other person— a written notice stating— that the AER wishes to disclose the information, specifying the nature of the intended disclosure; and that the AER is of the opinion required by subsection (1) (b) ; and that the person, within the period specified in the notice (which must not be less than 5 business days after the date the notice is given to the person), may make representations to the AER solely in relation to the AER’s reasons for deciding that the public benefit in disclosing the information outweighs any detriment that may be caused to the person by the disclosure; and the AER’s decision, in writing, setting out the reasons why the AER— wishes to make the disclosure; and is of the opinion required by subsection (1) (b) .\n(sec.329-ssec.1c) The AER must consider any representation that complies with the requirements of subsection (1b) (b) (i) (C) made to it by a person given a notice under subsection (1b) (b) (i) within the time specified in the notice.\n(sec.329-ssec.1d) If, after considering any representation under subsection (1c) , the AER wishes to disclose the information, the AER must give each person given a notice under subsection (1b) (b) (i) — a written notice stating— that the AER wishes to disclose the information, specifying the nature of the intended disclosure; and that the AER is of the opinion required by subsection (1) (b) ; and the AER’s decision, in writing, setting out the reasons why the AER— wishes to make the disclosure; and is of the opinion required by subsection (1) (b) .\n(sec.329-ssec.1e) To avoid doubt, a person entitled to make representations under subsection (1b) (b) (i) is not entitled to make representations under that subsection in relation to the AER’s assessment of the detriment that may be caused to the person by the intended disclosure of the information.\n(sec.329-ssec.2) Before disclosing information to which subsection (1a) (b) applies, the AER must give the person who gave the information— a written notice (an initial disclosure notice ) stating— that the AER wishes to disclose the information, specifying the nature of the intended disclosure; and that the AER is of the opinion required by subsection (1) ; and that the person, within the period specified in the notice, may make representations to the AER not to disclose the information; and the AER’s decision, in writing, setting out the reasons why the AER— wishes to make the disclosure; and is of the opinion required by subsection (1) .\n(sec.329-ssec.3) If the AER is aware that the person who gave information to which subsection (1a) (b) applies in turn received the information from another person and is aware of that other person’s identity and address, the AER must, before disclosing the information give that other person— a written notice (an initial disclosure notice ) stating— that the AER wishes to disclose the information, specifying the nature of the intended disclosure; and that the AER is of the opinion required by subsection (1) ; and that the person, within the period specified in the notice, may make representations to the AER not to disclose the information; and the AER’s decision, in writing, setting out the reasons why the AER— wishes to make the disclosure; and is of the opinion required by subsection (1) .\n(sec.329-ssec.4) The AER must consider every representation made to it by a person given an initial disclosure notice under this section within the time specified in the notice.\n(sec.329-ssec.5) The period of time specified in an initial disclosure notice must not be less than 5 business days after the date the initial disclosure notice is given to the person.\n(sec.329-ssec.6) If after considering any representation under subsection (4) , the AER wishes to disclose the information, the AER must give the person given the initial disclosure notice— a written notice (a further disclosure notice ) stating— that the AER wishes to disclose the information, specifying the nature of the intended disclosure; and that the AER is of the opinion required by subsection (1) ; and the AER’s decision, in writing, setting out the reasons why the AER— wishes to make the disclosure; and is of the opinion required by subsection (1) .\n(sec.329-ssec.7) For the purposes of this section, the disclosure of anything that is already in the public domain at the time the AER wishes to disclose it cannot cause detriment to any person referred to in subsection (1b) , (2) or (3) .\n(sec.329-ssec.7a) Despite anything to the contrary in this Law, this section is taken to be an exhaustive statement of the requirements of the natural justice hearing rule in relation to— the AER’s decision under subsection (1) to disclose information given in confidence to the AER including, but not limited to, such information given to the AER in compliance with a regulatory information instrument and in relation to which a claim of confidentiality has been made in accordance with section 57A ; and without limiting paragraph (a) , if the AER’s decision under subsection (1) is to disclose the confidential information, the AER’s opinion— that the disclosure of the information would not cause detriment to the person who gave the information or, if the person who gave the information in turn received the information from another person, that other person (as the case may be); or that, although the disclosure of the information would cause detriment to such a person, the public benefit in disclosing it outweighs that detriment.\n(sec.329-ssec.8) In this section— restricted period means— in the case of information given to the AER in order to comply with a regulatory information instrument—a period of 5 business days after— a notice has been given under subsection (1b) (a) (i) ; or — a notice has been given under subsection (1b) (b) (i) ; or a notice has been given under subsection (1d) (a) , whichever is the later; or in the case of other information—a period of 5 business days after— an initial disclosure notice has been given under this section; or a further disclosure notice has been given under this section, whichever is the later.\n- (a) that the disclosure of the information would not cause detriment to the person who has given it or to the person from whom that person received it; or\n- (b) that, although the disclosure of the information would cause detriment to such a person, the public benefit in disclosing it outweighs that detriment.\n- (a) in the case of information given to the AER in order to comply with a regulatory information instrument—the AER must not disclose information under subsection (1) unless and until— (i) the AER has considered any reasons and information given to the AER under section 57A (1) (b) and (2) when determining whether or not it is of the opinion required by subsection (1) ; and (ii) the AER has complied with subsections (1b) , (1c) and (1d); and (iii) the restricted period has expired; and\n- (i) the AER has considered any reasons and information given to the AER under section 57A (1) (b) and (2) when determining whether or not it is of the opinion required by subsection (1) ; and\n- (ii) the AER has complied with subsections (1b) , (1c) and (1d); and\n- (iii) the restricted period has expired; and\n- (b) in the case of other information—the AER must not disclose information under subsection (1) unless and until— (i) the AER has complied with subsections (2) to (6) (inclusive); and (ii) the restricted period has expired.\n- (i) the AER has complied with subsections (2) to (6) (inclusive); and\n- (ii) the restricted period has expired.\n- (i) the AER has considered any reasons and information given to the AER under section 57A (1) (b) and (2) when determining whether or not it is of the opinion required by subsection (1) ; and\n- (ii) the AER has complied with subsections (1b) , (1c) and (1d); and\n- (iii) the restricted period has expired; and\n- (i) the AER has complied with subsections (2) to (6) (inclusive); and\n- (ii) the restricted period has expired.\n- (a) the AER intends to disclose the information on the basis of the AER having formed the opinion required by subsection (1) (a) , the AER must give the person who gave the information and, if the AER is aware that the person who gave the information in turn received the information from another person and is aware of that other person’s identity and address, that other person— (i) a written notice stating— (A) that the AER wishes to disclose the information, specifying the nature of the intended disclosure; and (B) that the AER is of the opinion required by subsection (1) (a) ; and (ii) the AER’s decision, in writing, setting out the reasons why the AER— (A) wishes to make the disclosure; and (B) is of the opinion required by subsection (1) (a) ; or\n- (i) a written notice stating— (A) that the AER wishes to disclose the information, specifying the nature of the intended disclosure; and (B) that the AER is of the opinion required by subsection (1) (a) ; and\n- (A) that the AER wishes to disclose the information, specifying the nature of the intended disclosure; and\n- (B) that the AER is of the opinion required by subsection (1) (a) ; and\n- (ii) the AER’s decision, in writing, setting out the reasons why the AER— (A) wishes to make the disclosure; and (B) is of the opinion required by subsection (1) (a) ; or\n- (A) wishes to make the disclosure; and\n- (B) is of the opinion required by subsection (1) (a) ; or\n- (b) the AER intends to disclose the information on the basis of the AER having formed the opinion required by subsection (1) (b) , the AER must give the person who gave the information and, if the AER is aware that the person who gave the information in turn received the information from another person and is aware of that other person’s identity and address, that other person— (i) a written notice stating— (A) that the AER wishes to disclose the information, specifying the nature of the intended disclosure; and (B) that the AER is of the opinion required by subsection (1) (b) ; and (C) that the person, within the period specified in the notice (which must not be less than 5 business days after the date the notice is given to the person), may make representations to the AER solely in relation to the AER’s reasons for deciding that the public benefit in disclosing the information outweighs any detriment that may be caused to the person by the disclosure; and (ii) the AER’s decision, in writing, setting out the reasons why the AER— (A) wishes to make the disclosure; and (B) is of the opinion required by subsection (1) (b) .\n- (i) a written notice stating— (A) that the AER wishes to disclose the information, specifying the nature of the intended disclosure; and (B) that the AER is of the opinion required by subsection (1) (b) ; and (C) that the person, within the period specified in the notice (which must not be less than 5 business days after the date the notice is given to the person), may make representations to the AER solely in relation to the AER’s reasons for deciding that the public benefit in disclosing the information outweighs any detriment that may be caused to the person by the disclosure; and\n- (A) that the AER wishes to disclose the information, specifying the nature of the intended disclosure; and\n- (B) that the AER is of the opinion required by subsection (1) (b) ; and\n- (C) that the person, within the period specified in the notice (which must not be less than 5 business days after the date the notice is given to the person), may make representations to the AER solely in relation to the AER’s reasons for deciding that the public benefit in disclosing the information outweighs any detriment that may be caused to the person by the disclosure; and\n- (ii) the AER’s decision, in writing, setting out the reasons why the AER— (A) wishes to make the disclosure; and (B) is of the opinion required by subsection (1) (b) .\n- (A) wishes to make the disclosure; and\n- (B) is of the opinion required by subsection (1) (b) .\n- (i) a written notice stating— (A) that the AER wishes to disclose the information, specifying the nature of the intended disclosure; and (B) that the AER is of the opinion required by subsection (1) (a) ; and\n- (A) that the AER wishes to disclose the information, specifying the nature of the intended disclosure; and\n- (B) that the AER is of the opinion required by subsection (1) (a) ; and\n- (ii) the AER’s decision, in writing, setting out the reasons why the AER— (A) wishes to make the disclosure; and (B) is of the opinion required by subsection (1) (a) ; or\n- (A) wishes to make the disclosure; and\n- (B) is of the opinion required by subsection (1) (a) ; or\n- (A) that the AER wishes to disclose the information, specifying the nature of the intended disclosure; and\n- (B) that the AER is of the opinion required by subsection (1) (a) ; and\n- (A) wishes to make the disclosure; and\n- (B) is of the opinion required by subsection (1) (a) ; or\n- (i) a written notice stating— (A) that the AER wishes to disclose the information, specifying the nature of the intended disclosure; and (B) that the AER is of the opinion required by subsection (1) (b) ; and (C) that the person, within the period specified in the notice (which must not be less than 5 business days after the date the notice is given to the person), may make representations to the AER solely in relation to the AER’s reasons for deciding that the public benefit in disclosing the information outweighs any detriment that may be caused to the person by the disclosure; and\n- (A) that the AER wishes to disclose the information, specifying the nature of the intended disclosure; and\n- (B) that the AER is of the opinion required by subsection (1) (b) ; and\n- (C) that the person, within the period specified in the notice (which must not be less than 5 business days after the date the notice is given to the person), may make representations to the AER solely in relation to the AER’s reasons for deciding that the public benefit in disclosing the information outweighs any detriment that may be caused to the person by the disclosure; and\n- (ii) the AER’s decision, in writing, setting out the reasons why the AER— (A) wishes to make the disclosure; and (B) is of the opinion required by subsection (1) (b) .\n- (A) wishes to make the disclosure; and\n- (B) is of the opinion required by subsection (1) (b) .\n- (A) that the AER wishes to disclose the information, specifying the nature of the intended disclosure; and\n- (B) that the AER is of the opinion required by subsection (1) (b) ; and\n- (C) that the person, within the period specified in the notice (which must not be less than 5 business days after the date the notice is given to the person), may make representations to the AER solely in relation to the AER’s reasons for deciding that the public benefit in disclosing the information outweighs any detriment that may be caused to the person by the disclosure; and\n- (A) wishes to make the disclosure; and\n- (B) is of the opinion required by subsection (1) (b) .\n- (a) a written notice stating— (i) that the AER wishes to disclose the information, specifying the nature of the intended disclosure; and (ii) that the AER is of the opinion required by subsection (1) (b) ; and\n- (i) that the AER wishes to disclose the information, specifying the nature of the intended disclosure; and\n- (ii) that the AER is of the opinion required by subsection (1) (b) ; and\n- (b) the AER’s decision, in writing, setting out the reasons why the AER— (i) wishes to make the disclosure; and (ii) is of the opinion required by subsection (1) (b) .\n- (i) wishes to make the disclosure; and\n- (ii) is of the opinion required by subsection (1) (b) .\n- (i) that the AER wishes to disclose the information, specifying the nature of the intended disclosure; and\n- (ii) that the AER is of the opinion required by subsection (1) (b) ; and\n- (i) wishes to make the disclosure; and\n- (ii) is of the opinion required by subsection (1) (b) .\n- (a) a written notice (an initial disclosure notice ) stating— (i) that the AER wishes to disclose the information, specifying the nature of the intended disclosure; and (ii) that the AER is of the opinion required by subsection (1) ; and (iii) that the person, within the period specified in the notice, may make representations to the AER not to disclose the information; and\n- (i) that the AER wishes to disclose the information, specifying the nature of the intended disclosure; and\n- (ii) that the AER is of the opinion required by subsection (1) ; and\n- (iii) that the person, within the period specified in the notice, may make representations to the AER not to disclose the information; and\n- (b) the AER’s decision, in writing, setting out the reasons why the AER— (i) wishes to make the disclosure; and (ii) is of the opinion required by subsection (1) .\n- (i) wishes to make the disclosure; and\n- (ii) is of the opinion required by subsection (1) .\n- (i) that the AER wishes to disclose the information, specifying the nature of the intended disclosure; and\n- (ii) that the AER is of the opinion required by subsection (1) ; and\n- (iii) that the person, within the period specified in the notice, may make representations to the AER not to disclose the information; and\n- (i) wishes to make the disclosure; and\n- (ii) is of the opinion required by subsection (1) .\n- (a) a written notice (an initial disclosure notice ) stating— (i) that the AER wishes to disclose the information, specifying the nature of the intended disclosure; and (ii) that the AER is of the opinion required by subsection (1) ; and (iii) that the person, within the period specified in the notice, may make representations to the AER not to disclose the information; and\n- (i) that the AER wishes to disclose the information, specifying the nature of the intended disclosure; and\n- (ii) that the AER is of the opinion required by subsection (1) ; and\n- (iii) that the person, within the period specified in the notice, may make representations to the AER not to disclose the information; and\n- (b) the AER’s decision, in writing, setting out the reasons why the AER— (i) wishes to make the disclosure; and (ii) is of the opinion required by subsection (1) .\n- (i) wishes to make the disclosure; and\n- (ii) is of the opinion required by subsection (1) .\n- (i) that the AER wishes to disclose the information, specifying the nature of the intended disclosure; and\n- (ii) that the AER is of the opinion required by subsection (1) ; and\n- (iii) that the person, within the period specified in the notice, may make representations to the AER not to disclose the information; and\n- (i) wishes to make the disclosure; and\n- (ii) is of the opinion required by subsection (1) .\n- (a) a written notice (a further disclosure notice ) stating— (i) that the AER wishes to disclose the information, specifying the nature of the intended disclosure; and (ii) that the AER is of the opinion required by subsection (1) ; and\n- (i) that the AER wishes to disclose the information, specifying the nature of the intended disclosure; and\n- (ii) that the AER is of the opinion required by subsection (1) ; and\n- (b) the AER’s decision, in writing, setting out the reasons why the AER— (i) wishes to make the disclosure; and (ii) is of the opinion required by subsection (1) .\n- (i) wishes to make the disclosure; and\n- (ii) is of the opinion required by subsection (1) .\n- (i) that the AER wishes to disclose the information, specifying the nature of the intended disclosure; and\n- (ii) that the AER is of the opinion required by subsection (1) ; and\n- (i) wishes to make the disclosure; and\n- (ii) is of the opinion required by subsection (1) .\n- (a) the AER’s decision under subsection (1) to disclose information given in confidence to the AER including, but not limited to, such information given to the AER in compliance with a regulatory information instrument and in relation to which a claim of confidentiality has been made in accordance with section 57A ; and\n- (b) without limiting paragraph (a) , if the AER’s decision under subsection (1) is to disclose the confidential information, the AER’s opinion— (i) that the disclosure of the information would not cause detriment to the person who gave the information or, if the person who gave the information in turn received the information from another person, that other person (as the case may be); or (ii) that, although the disclosure of the information would cause detriment to such a person, the public benefit in disclosing it outweighs that detriment.\n- (i) that the disclosure of the information would not cause detriment to the person who gave the information or, if the person who gave the information in turn received the information from another person, that other person (as the case may be); or\n- (ii) that, although the disclosure of the information would cause detriment to such a person, the public benefit in disclosing it outweighs that detriment.\n- (i) that the disclosure of the information would not cause detriment to the person who gave the information or, if the person who gave the information in turn received the information from another person, that other person (as the case may be); or\n- (ii) that, although the disclosure of the information would cause detriment to such a person, the public benefit in disclosing it outweighs that detriment.\n- (a) in the case of information given to the AER in order to comply with a regulatory information instrument—a period of 5 business days after— (i) a notice has been given under subsection (1b) (a) (i) ; or (ii) — (A) a notice has been given under subsection (1b) (b) (i) ; or (B) a notice has been given under subsection (1d) (a) , whichever is the later; or\n- (i) a notice has been given under subsection (1b) (a) (i) ; or\n- (ii) — (A) a notice has been given under subsection (1b) (b) (i) ; or (B) a notice has been given under subsection (1d) (a) , whichever is the later; or\n- (A) a notice has been given under subsection (1b) (b) (i) ; or\n- (B) a notice has been given under subsection (1d) (a) ,\n- (b) in the case of other information—a period of 5 business days after— (i) an initial disclosure notice has been given under this section; or (ii) a further disclosure notice has been given under this section, whichever is the later.\n- (i) an initial disclosure notice has been given under this section; or\n- (ii) a further disclosure notice has been given under this section,\n- (i) a notice has been given under subsection (1b) (a) (i) ; or\n- (ii) — (A) a notice has been given under subsection (1b) (b) (i) ; or (B) a notice has been given under subsection (1d) (a) , whichever is the later; or\n- (A) a notice has been given under subsection (1b) (b) (i) ; or\n- (B) a notice has been given under subsection (1d) (a) ,\n- (A) a notice has been given under subsection (1b) (b) (i) ; or\n- (B) a notice has been given under subsection (1d) (a) ,\n- (i) an initial disclosure notice has been given under this section; or\n- (ii) a further disclosure notice has been given under this section,","sortOrder":746},{"sectionNumber":"ch.10-pt.2-div.2","sectionType":"division","heading":"Disclosure of confidential information held by AEMC","content":"## Disclosure of confidential information held by AEMC","sortOrder":747},{"sectionNumber":"sec.330","sectionType":"section","heading":"Confidentiality of information","content":"### sec.330 Confidentiality of information\n\nInformation provided to the AEMC for the purposes of an MCE directed review or a review conducted by the AEMC under section 83 is confidential information for the purposes of that procedure if—\nthe person who provides it claims, when providing it to the AEMC, that it is confidential information; and\nthe AEMC decides that the information is confidential information.\nNothing prevents the disclosure of confidential information by the AEMC in a report published under Division 4 or Division 5 of Chapter 2 Part 2 , but the AEMC must ensure that the information is identified as such in the report.\nIf the AEMC decides that information provided to it for the purposes of an MCE directed review or a review conducted by the AEMC under section 83 is confidential information, the AEMC, the MCE or a Minister of a participating jurisdiction may only publish a version of the report from which the information has been omitted.\nIf information is omitted from a published version of a report as being confidential information, a note to that effect must be included in the decision at the place in the decision from which the information is omitted.\nSee also section 71 of this Law and section 24 of the Australian Energy Market Commission Establishment Act 2004 of South Australia.\ns 330 sub 2022 No. 21 (SA) s 84\n(sec.330-ssec.1) Information provided to the AEMC for the purposes of an MCE directed review or a review conducted by the AEMC under section 83 is confidential information for the purposes of that procedure if— the person who provides it claims, when providing it to the AEMC, that it is confidential information; and the AEMC decides that the information is confidential information.\n(sec.330-ssec.2) Nothing prevents the disclosure of confidential information by the AEMC in a report published under Division 4 or Division 5 of Chapter 2 Part 2 , but the AEMC must ensure that the information is identified as such in the report.\n(sec.330-ssec.3) If the AEMC decides that information provided to it for the purposes of an MCE directed review or a review conducted by the AEMC under section 83 is confidential information, the AEMC, the MCE or a Minister of a participating jurisdiction may only publish a version of the report from which the information has been omitted.\n(sec.330-ssec.4) If information is omitted from a published version of a report as being confidential information, a note to that effect must be included in the decision at the place in the decision from which the information is omitted. See also section 71 of this Law and section 24 of the Australian Energy Market Commission Establishment Act 2004 of South Australia.\n- (a) the person who provides it claims, when providing it to the AEMC, that it is confidential information; and\n- (b) the AEMC decides that the information is confidential information.","sortOrder":748},{"sectionNumber":"sec.331","sectionType":"section","heading":null,"content":"### Section sec.331\n\ns 331 om 2022 No. 21 (SA) s 84","sortOrder":749},{"sectionNumber":"ch.10-pt.3","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":750},{"sectionNumber":"sec.332","sectionType":"section","heading":"Failure to make a decision under this Law or the Rules within time does not invalidate the decision","content":"### sec.332 Failure to make a decision under this Law or the Rules within time does not invalidate the decision\n\nA decision (however described) made under this Law or the Rules by a regulatory scheme decision maker after the expiry of the period of time specified by this Law or Rules for the making of that decision is not to be taken to be an invalid decision only because the decision is not made within the specified period of time.\nA decision to which subsection (1) applies takes effect on and from—\nthe day it is made; or\nif it specifies a date for operation or effect that is after the day it is made, that specified date.\nIn this section—\nregulatory scheme decision maker means any of the following:\nthe AER;\nthe AEMC;\nAEMO.\ns 332 amd 2009 No. 30 (SA) s 46 ; 2022 No. 21 (SA) s 85\n(sec.332-ssec.1) A decision (however described) made under this Law or the Rules by a regulatory scheme decision maker after the expiry of the period of time specified by this Law or Rules for the making of that decision is not to be taken to be an invalid decision only because the decision is not made within the specified period of time.\n(sec.332-ssec.2) A decision to which subsection (1) applies takes effect on and from— the day it is made; or if it specifies a date for operation or effect that is after the day it is made, that specified date.\n(sec.332-ssec.3) In this section— regulatory scheme decision maker means any of the following: the AER; the AEMC; AEMO.\n- (a) the day it is made; or\n- (b) if it specifies a date for operation or effect that is after the day it is made, that specified date.\n- (a) the AER;\n- (b) the AEMC;\n- (c) AEMO.","sortOrder":751},{"sectionNumber":"sec.333","sectionType":"section","heading":"Withdrawal of applications relating to particular determinations or classification","content":"### sec.333 Withdrawal of applications relating to particular determinations or classification\n\nA person who has made an application for a relevant decision may withdraw the application at any time before the decision is made.\nA withdrawal of an application in accordance with this section must be—\nin writing; and\ngiven to the AER.\nIn this section—\nrelevant decision means—\na scheme pipeline determination; or\na scheme pipeline revocation determination; or\na greenfields incentive determination; or\na greenfields price protection determination; or\na classification decision; or\na reclassification decision.\ns 333 sub 2022 No. 21 (SA) s 86\n(sec.333-ssec.1) A person who has made an application for a relevant decision may withdraw the application at any time before the decision is made.\n(sec.333-ssec.2) A withdrawal of an application in accordance with this section must be— in writing; and given to the AER.\n(sec.333-ssec.3) In this section— relevant decision means— a scheme pipeline determination; or a scheme pipeline revocation determination; or a greenfields incentive determination; or a greenfields price protection determination; or a classification decision; or a reclassification decision.\n- (a) in writing; and\n- (b) given to the AER.\n- (a) a scheme pipeline determination; or\n- (b) a scheme pipeline revocation determination; or\n- (c) a greenfields incentive determination; or\n- (d) a greenfields price protection determination; or\n- (e) a classification decision; or\n- (f) a reclassification decision.","sortOrder":752},{"sectionNumber":"sec.334","sectionType":"section","heading":null,"content":"### Section sec.334\n\ns 334 om 2022 No. 21 (SA) s 87","sortOrder":753},{"sectionNumber":"sec.335","sectionType":"section","heading":null,"content":"### Section sec.335\n\ns 335 om 2022 No. 21 (SA) s 87","sortOrder":754},{"sectionNumber":"sec.335A","sectionType":"section","heading":"Penalty privilege","content":"### sec.335A Penalty privilege\n\nIf an individual has a privilege against self-exposure to a penalty, other than for a criminal offence, the individual is not excused from doing any of the following on that ground:\nproviding information under this Law, the Regulations or the Rules;\nproducing a document under this Law, the Regulations or the Rules;\nproviding evidence under this Law, the Regulations or the Rules;\nanswering a question under this Law, the Regulations or the Rules.\ns 335A ins 2020 No. 37 (SA) s 71\n- (a) providing information under this Law, the Regulations or the Rules;\n- (b) producing a document under this Law, the Regulations or the Rules;\n- (c) providing evidence under this Law, the Regulations or the Rules;\n- (d) answering a question under this Law, the Regulations or the Rules.","sortOrder":755},{"sectionNumber":"sec.335B","sectionType":"section","heading":"Court may grant relief from liability","content":"### sec.335B Court may grant relief from liability\n\nIf in any proceedings under this Law in which a person, other than a body corporate, may be liable for an offence or a civil penalty it appears to the Court that the person acted honestly and reasonably and, having regard to all the circumstances of the case, ought fairly to be excused, the Court may relieve the person either wholly or partly from liability on such terms as the Court thinks fit.\ns 335B ins 2020 No. 37 (SA) s 71","sortOrder":756},{"sectionNumber":"sec.336","sectionType":"section","heading":"Savings and transitionals","content":"### sec.336 Savings and transitionals\n\nSchedule 3 to this Law has effect.","sortOrder":757},{"sectionNumber":"sch.2-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":758},{"sectionNumber":"sch.2-sec.1","sectionType":"section","heading":"Displacement of Schedule by contrary intention","content":"### sch.2-sec.1 Displacement of Schedule by contrary intention\n\nThe application of this Schedule to this Law, the Regulations or other statutory instrument (other than the National Gas Rules) may be displaced, wholly or partly, by a contrary intention appearing in this Law or the Regulations or that statutory instrument.\nThe application of this Schedule to the National Gas Rules (other than clauses 7, 12, 15, 17, 19 and 20, 23 to 26 and 31 to 44, 49, 52 and 53 of this Schedule) may be displaced, wholly or partly, by a contrary intention appearing in the National Gas Rules.\n(sch.2-sec.1-ssec.1) The application of this Schedule to this Law, the Regulations or other statutory instrument (other than the National Gas Rules) may be displaced, wholly or partly, by a contrary intention appearing in this Law or the Regulations or that statutory instrument.\n(sch.2-sec.1-ssec.2) The application of this Schedule to the National Gas Rules (other than clauses 7, 12, 15, 17, 19 and 20, 23 to 26 and 31 to 44, 49, 52 and 53 of this Schedule) may be displaced, wholly or partly, by a contrary intention appearing in the National Gas Rules.","sortOrder":759},{"sectionNumber":"sch.2-pt.2","sectionType":"part","heading":"General","content":"# General","sortOrder":760},{"sectionNumber":"sch.2-sec.2","sectionType":"section","heading":"Law to be construed not to exceed legislative power of Legislature","content":"### sch.2-sec.2 Law to be construed not to exceed legislative power of Legislature\n\nThis Law is to be construed as operating to the full extent of, but so as not to exceed, the legislative power of the Legislature of this jurisdiction.\nIf a provision of this Law, or the application of a provision of this Law to a person, subject matter or circumstance, would, but for this clause, be construed as being in excess of the legislative power of the Legislature of this jurisdiction—\nit is a valid provision to the extent to which it is not in excess of the power; and\nthe remainder of this Law, and the application of the provision to other persons, subject matters or circumstances, is not affected.\nWithout limiting subclause (2), this Law is not to be construed as imposing any duty on the Australian Competition Tribunal or AER to perform a function or exercise a power if the imposition of the duty would be in excess of the legislative power of the Legislature of this jurisdiction.\nThe term function is defined in clause 10 to include “duty”.\nIn particular, if a provision of this Law appears to impose a duty on a Commonwealth officer or body to perform a function or exercise a power, the duty is taken to be imposed by the provision to the extent to which imposing the duty—\nis within the legislative powers of this jurisdiction; and\nis consistent with the constitutional doctrines under the Constitution of the Commonwealth restricting the duties that may be imposed on a Commonwealth officer or body.\nTo avoid doubt, a provision of this Law does not impose the duty on the Commonwealth officer or body to the extent to which imposing the duty would—\ncontravene any constitutional doctrine under the Constitution of the Commonwealth restricting the duties that may be imposed on a Commonwealth officer or body; or\notherwise exceed the legislative powers of this jurisdiction.\nIf imposing on the Commonwealth officer or body the duty to do that thing would—\ncontravene any constitutional doctrine restricting the duties that may be imposed on a Commonwealth officer or body; or\notherwise exceed the legislative powers of both the State and the Commonwealth,\nthe provision of this Law is taken instead to confer on the Commonwealth officer or body a power to do that thing at the discretion of the Commonwealth officer or body (as the case may require).\nThis clause does not limit the effect that a provision of this Law would validly have apart from this clause.\nsch 2 s 2 amd 2021 No. 3 (SA) s 54 (1) ; 2022 No. 21 (SA) s 89 (1)\n(sch.2-sec.2-ssec.1) This Law is to be construed as operating to the full extent of, but so as not to exceed, the legislative power of the Legislature of this jurisdiction.\n(sch.2-sec.2-ssec.2) If a provision of this Law, or the application of a provision of this Law to a person, subject matter or circumstance, would, but for this clause, be construed as being in excess of the legislative power of the Legislature of this jurisdiction— it is a valid provision to the extent to which it is not in excess of the power; and the remainder of this Law, and the application of the provision to other persons, subject matters or circumstances, is not affected.\n(sch.2-sec.2-ssec.3) Without limiting subclause (2), this Law is not to be construed as imposing any duty on the Australian Competition Tribunal or AER to perform a function or exercise a power if the imposition of the duty would be in excess of the legislative power of the Legislature of this jurisdiction. The term function is defined in clause 10 to include “duty”.\n(sch.2-sec.2-ssec.4) In particular, if a provision of this Law appears to impose a duty on a Commonwealth officer or body to perform a function or exercise a power, the duty is taken to be imposed by the provision to the extent to which imposing the duty— is within the legislative powers of this jurisdiction; and is consistent with the constitutional doctrines under the Constitution of the Commonwealth restricting the duties that may be imposed on a Commonwealth officer or body.\n(sch.2-sec.2-ssec.4a) To avoid doubt, a provision of this Law does not impose the duty on the Commonwealth officer or body to the extent to which imposing the duty would— contravene any constitutional doctrine under the Constitution of the Commonwealth restricting the duties that may be imposed on a Commonwealth officer or body; or otherwise exceed the legislative powers of this jurisdiction.\n(sch.2-sec.2-ssec.4b) If imposing on the Commonwealth officer or body the duty to do that thing would— contravene any constitutional doctrine restricting the duties that may be imposed on a Commonwealth officer or body; or otherwise exceed the legislative powers of both the State and the Commonwealth, the provision of this Law is taken instead to confer on the Commonwealth officer or body a power to do that thing at the discretion of the Commonwealth officer or body (as the case may require).\n(sch.2-sec.2-ssec.5) This clause does not limit the effect that a provision of this Law would validly have apart from this clause.\n- (a) it is a valid provision to the extent to which it is not in excess of the power; and\n- (b) the remainder of this Law, and the application of the provision to other persons, subject matters or circumstances, is not affected.\n- (a) is within the legislative powers of this jurisdiction; and\n- (b) is consistent with the constitutional doctrines under the Constitution of the Commonwealth restricting the duties that may be imposed on a Commonwealth officer or body.\n- (a) contravene any constitutional doctrine under the Constitution of the Commonwealth restricting the duties that may be imposed on a Commonwealth officer or body; or\n- (b) otherwise exceed the legislative powers of this jurisdiction.\n- (a) contravene any constitutional doctrine restricting the duties that may be imposed on a Commonwealth officer or body; or\n- (b) otherwise exceed the legislative powers of both the State and the Commonwealth,","sortOrder":761},{"sectionNumber":"sch.2-sec.3","sectionType":"section","heading":"Changes of drafting practice not to affect meaning","content":"### sch.2-sec.3 Changes of drafting practice not to affect meaning\n\nDifferences of language between provisions of this Law or the Rules may be explicable by reference to changes of legislative drafting practice and do not necessarily imply a difference of meaning.\nsch 2 s 3 ins 2009 No. 30 (SA) s 48 (2)","sortOrder":762},{"sectionNumber":"sch.2-sec.4","sectionType":"section","heading":"Material that is, and is not, part of Law","content":"### sch.2-sec.4 Material that is, and is not, part of Law\n\nThe heading to a Chapter, Part, Division or Subdivision into which this Law is divided is part of this Law.\nA Schedule to this Law is part of this Law.\nA heading to a section or subsection of this Law does not form part of this Law.\nA note at the foot of a provision of this Law does not form part of this Law.\nAn example (being an example at the foot of a provision of this Law under the heading “Example” or “Examples”) does not form part of this Law.\n(sch.2-sec.4-ssec.1) The heading to a Chapter, Part, Division or Subdivision into which this Law is divided is part of this Law.\n(sch.2-sec.4-ssec.2) A Schedule to this Law is part of this Law.\n(sch.2-sec.4-ssec.3) A heading to a section or subsection of this Law does not form part of this Law.\n(sch.2-sec.4-ssec.4) A note at the foot of a provision of this Law does not form part of this Law.\n(sch.2-sec.4-ssec.5) An example (being an example at the foot of a provision of this Law under the heading “Example” or “Examples”) does not form part of this Law.","sortOrder":763},{"sectionNumber":"sch.2-sec.5","sectionType":"section","heading":"References to particular Acts and to enactments","content":"### sch.2-sec.5 References to particular Acts and to enactments\n\nIn this Law—\nan Act of this jurisdiction may be cited—\nby its short title; or\nin another way sufficient in an Act of this jurisdiction for the citation of such an Act; and\na Commonwealth Act may be cited—\nby its short title; or\nin another way sufficient in a Commonwealth Act for the citation of such an Act,\ntogether with a reference to the Commonwealth; and\nan Act of another jurisdiction may be cited—\nby its short title; or\nin another way sufficient in an Act of the jurisdiction for the citation of such an Act,\ntogether with a reference to the jurisdiction.\n- (a) an Act of this jurisdiction may be cited— (i) by its short title; or (ii) in another way sufficient in an Act of this jurisdiction for the citation of such an Act; and\n- (i) by its short title; or\n- (ii) in another way sufficient in an Act of this jurisdiction for the citation of such an Act; and\n- (b) a Commonwealth Act may be cited— (i) by its short title; or (ii) in another way sufficient in a Commonwealth Act for the citation of such an Act, together with a reference to the Commonwealth; and\n- (i) by its short title; or\n- (ii) in another way sufficient in a Commonwealth Act for the citation of such an Act,\n- (i) by its short title; or\n- (ii) in another way sufficient in an Act of this jurisdiction for the citation of such an Act; and\n- (i) by its short title; or\n- (ii) in another way sufficient in a Commonwealth Act for the citation of such an Act,\n- (c) an Act of another jurisdiction may be cited— (i) by its short title; or (ii) in another way sufficient in an Act of the jurisdiction for the citation of such an Act, together with a reference to the jurisdiction.\n- (i) by its short title; or\n- (ii) in another way sufficient in an Act of the jurisdiction for the citation of such an Act,\n- (i) by its short title; or\n- (ii) in another way sufficient in an Act of the jurisdiction for the citation of such an Act,","sortOrder":764},{"sectionNumber":"sch.2-sec.6","sectionType":"section","heading":"References taken to be included in Act or Law citation etc","content":"### sch.2-sec.6 References taken to be included in Act or Law citation etc\n\nA reference in this Law to an Act includes a reference to—\nthe Act as originally enacted, and as amended from time to time since its original enactment; and\nif the Act has been repealed and re-enacted (with or without modification) since the enactment of the reference, the Act as re-enacted, and as amended from time to time since its re-enactment.\nA reference in this Law to a provision of this Law or of an Act includes a reference to—\nthe provision as originally enacted, and as amended from time to time since its original enactment; and\nif the provision has been omitted and re-enacted (with or without modification) since the enactment of the reference, the provision as re-enacted, and as amended from time to time since its re-enactment.\nSubclauses (1) and (2) apply to a reference in this Law to a law of the Commonwealth or another jurisdiction as they apply to a reference in this Law to an Act and to a provision of an Act.\n(sch.2-sec.6-ssec.1) A reference in this Law to an Act includes a reference to— the Act as originally enacted, and as amended from time to time since its original enactment; and if the Act has been repealed and re-enacted (with or without modification) since the enactment of the reference, the Act as re-enacted, and as amended from time to time since its re-enactment.\n(sch.2-sec.6-ssec.2) A reference in this Law to a provision of this Law or of an Act includes a reference to— the provision as originally enacted, and as amended from time to time since its original enactment; and if the provision has been omitted and re-enacted (with or without modification) since the enactment of the reference, the provision as re-enacted, and as amended from time to time since its re-enactment.\n(sch.2-sec.6-ssec.3) Subclauses (1) and (2) apply to a reference in this Law to a law of the Commonwealth or another jurisdiction as they apply to a reference in this Law to an Act and to a provision of an Act.\n- (a) the Act as originally enacted, and as amended from time to time since its original enactment; and\n- (b) if the Act has been repealed and re-enacted (with or without modification) since the enactment of the reference, the Act as re-enacted, and as amended from time to time since its re-enactment.\n- (a) the provision as originally enacted, and as amended from time to time since its original enactment; and\n- (b) if the provision has been omitted and re-enacted (with or without modification) since the enactment of the reference, the provision as re-enacted, and as amended from time to time since its re-enactment.","sortOrder":765},{"sectionNumber":"sch.2-sec.7","sectionType":"section","heading":"Interpretation best achieving Law’s purpose","content":"### sch.2-sec.7 Interpretation best achieving Law’s purpose\n\nIn the interpretation of a provision of this Law, the interpretation that will best achieve the purpose or object of this Law is to be preferred to any other interpretation.\nSubclause (1) applies whether or not the purpose is expressly stated in this Law.\n(sch.2-sec.7-ssec.1) In the interpretation of a provision of this Law, the interpretation that will best achieve the purpose or object of this Law is to be preferred to any other interpretation.\n(sch.2-sec.7-ssec.2) Subclause (1) applies whether or not the purpose is expressly stated in this Law.","sortOrder":766},{"sectionNumber":"sch.2-sec.8","sectionType":"section","heading":"Use of extrinsic material in interpretation","content":"### sch.2-sec.8 Use of extrinsic material in interpretation\n\nIn this clause—\nLaw extrinsic material means relevant material not forming part of this Law, including, for example—\nmaterial that is set out in the document containing the text of this Law as printed by authority of the Government Printer of South Australia; and\na relevant report of a committee of the Legislative Council or House of Assembly of South Australia that was made to the Legislative Council or House of Assembly of South Australia before the provision was enacted; and\nan explanatory note or memorandum relating to the Bill that contained the provision, or any relevant document, that was laid before, or given to the members of, the Legislative Council or House of Assembly of South Australia by the member bringing in the Bill before the provision was enacted; and\nthe speech made to the Legislative Council or House of Assembly of South Australia by the member in moving a motion that the Bill be read a second time; and\nmaterial in the Votes and Proceedings of the Legislative Council or House of Assembly of South Australia or in any official record of debates in the Legislative Council or House of Assembly of South Australia; and\na document that is declared by the Regulations to be a relevant document for the purposes of this clause;\nordinary meaning means the ordinary meaning conveyed by a provision having regard to its context in this Law and to the purpose of this Law;\nRule extrinsic material means—\na draft Rule determination; or\na final Rule determination; or\nany document (however described)—\nrelied on by the AEMC in making a draft Rule determination or final Rule determination; or\nadopted by the AEMC in making a draft Rule determination or final Rule determination.\nSubject to subclause (4), in the interpretation of a provision of this Law, consideration may be given to Law extrinsic material capable of assisting in the interpretation—\nif the provision is ambiguous or obscure, to provide an interpretation of it; or\nif the ordinary meaning of the provision leads to a result that is manifestly absurd or is unreasonable, to provide an interpretation that avoids such a result; or\nin any other case, to confirm the interpretation conveyed by the ordinary meaning of the provision.\nSubject to subclause (4), in the interpretation of a provision of the Rules, consideration may be given to Law extrinsic material or Rule extrinsic material capable of assisting in the interpretation—\nif the provision is ambiguous or obscure, to provide an interpretation of it; or\nif the ordinary meaning of the provision leads to a result that is manifestly absurd or is unreasonable, to provide an interpretation that avoids such a result; or\nin any other case, to confirm the interpretation conveyed by the ordinary meaning of the provision.\nIn determining whether consideration should be given to Law extrinsic material or Rule extrinsic material, and in determining the weight to be given to Law extrinsic material or Rule extrinsic material, regard is to be had to—\nthe desirability of a provision being interpreted as having its ordinary meaning; and\nthe undesirability of prolonging proceedings without compensating advantage; and\nother relevant matters.\nsch 2 s 8 amd 2022 No. 21 (SA) s 89 (2)\n(sch.2-sec.8-ssec.1) In this clause— Law extrinsic material means relevant material not forming part of this Law, including, for example— material that is set out in the document containing the text of this Law as printed by authority of the Government Printer of South Australia; and a relevant report of a committee of the Legislative Council or House of Assembly of South Australia that was made to the Legislative Council or House of Assembly of South Australia before the provision was enacted; and an explanatory note or memorandum relating to the Bill that contained the provision, or any relevant document, that was laid before, or given to the members of, the Legislative Council or House of Assembly of South Australia by the member bringing in the Bill before the provision was enacted; and the speech made to the Legislative Council or House of Assembly of South Australia by the member in moving a motion that the Bill be read a second time; and material in the Votes and Proceedings of the Legislative Council or House of Assembly of South Australia or in any official record of debates in the Legislative Council or House of Assembly of South Australia; and a document that is declared by the Regulations to be a relevant document for the purposes of this clause; ordinary meaning means the ordinary meaning conveyed by a provision having regard to its context in this Law and to the purpose of this Law; Rule extrinsic material means— a draft Rule determination; or a final Rule determination; or any document (however described)— relied on by the AEMC in making a draft Rule determination or final Rule determination; or adopted by the AEMC in making a draft Rule determination or final Rule determination.\n(sch.2-sec.8-ssec.2) Subject to subclause (4), in the interpretation of a provision of this Law, consideration may be given to Law extrinsic material capable of assisting in the interpretation— if the provision is ambiguous or obscure, to provide an interpretation of it; or if the ordinary meaning of the provision leads to a result that is manifestly absurd or is unreasonable, to provide an interpretation that avoids such a result; or in any other case, to confirm the interpretation conveyed by the ordinary meaning of the provision.\n(sch.2-sec.8-ssec.3) Subject to subclause (4), in the interpretation of a provision of the Rules, consideration may be given to Law extrinsic material or Rule extrinsic material capable of assisting in the interpretation— if the provision is ambiguous or obscure, to provide an interpretation of it; or if the ordinary meaning of the provision leads to a result that is manifestly absurd or is unreasonable, to provide an interpretation that avoids such a result; or in any other case, to confirm the interpretation conveyed by the ordinary meaning of the provision.\n(sch.2-sec.8-ssec.4) In determining whether consideration should be given to Law extrinsic material or Rule extrinsic material, and in determining the weight to be given to Law extrinsic material or Rule extrinsic material, regard is to be had to— the desirability of a provision being interpreted as having its ordinary meaning; and the undesirability of prolonging proceedings without compensating advantage; and other relevant matters.\n- (a) material that is set out in the document containing the text of this Law as printed by authority of the Government Printer of South Australia; and\n- (b) a relevant report of a committee of the Legislative Council or House of Assembly of South Australia that was made to the Legislative Council or House of Assembly of South Australia before the provision was enacted; and\n- (c) an explanatory note or memorandum relating to the Bill that contained the provision, or any relevant document, that was laid before, or given to the members of, the Legislative Council or House of Assembly of South Australia by the member bringing in the Bill before the provision was enacted; and\n- (d) the speech made to the Legislative Council or House of Assembly of South Australia by the member in moving a motion that the Bill be read a second time; and\n- (e) material in the Votes and Proceedings of the Legislative Council or House of Assembly of South Australia or in any official record of debates in the Legislative Council or House of Assembly of South Australia; and\n- (f) a document that is declared by the Regulations to be a relevant document for the purposes of this clause;\n- (a) a draft Rule determination; or\n- (b) a final Rule determination; or\n- (c) any document (however described)— (i) relied on by the AEMC in making a draft Rule determination or final Rule determination; or (ii) adopted by the AEMC in making a draft Rule determination or final Rule determination.\n- (i) relied on by the AEMC in making a draft Rule determination or final Rule determination; or\n- (ii) adopted by the AEMC in making a draft Rule determination or final Rule determination.\n- (i) relied on by the AEMC in making a draft Rule determination or final Rule determination; or\n- (ii) adopted by the AEMC in making a draft Rule determination or final Rule determination.\n- (a) if the provision is ambiguous or obscure, to provide an interpretation of it; or\n- (b) if the ordinary meaning of the provision leads to a result that is manifestly absurd or is unreasonable, to provide an interpretation that avoids such a result; or\n- (c) in any other case, to confirm the interpretation conveyed by the ordinary meaning of the provision.\n- (a) if the provision is ambiguous or obscure, to provide an interpretation of it; or\n- (b) if the ordinary meaning of the provision leads to a result that is manifestly absurd or is unreasonable, to provide an interpretation that avoids such a result; or\n- (c) in any other case, to confirm the interpretation conveyed by the ordinary meaning of the provision.\n- (a) the desirability of a provision being interpreted as having its ordinary meaning; and\n- (b) the undesirability of prolonging proceedings without compensating advantage; and\n- (c) other relevant matters.","sortOrder":767},{"sectionNumber":"sch.2-sec.9","sectionType":"section","heading":"Compliance with forms","content":"### sch.2-sec.9 Compliance with forms\n\nIf a form is prescribed or approved by or for the purpose of this Law, strict compliance with the form is not necessary and substantial compliance is sufficient.\nIf a form prescribed or approved by or for the purpose of this Law requires—\nthe form to be completed in a specified way; or\nspecified information or documents to be included in, attached to or given with the form; or\nthe form, or information or documents included in, attached to or given with the form, to be verified in a specified way,\nthe form is not properly completed unless the requirement is complied with.\n(sch.2-sec.9-ssec.1) If a form is prescribed or approved by or for the purpose of this Law, strict compliance with the form is not necessary and substantial compliance is sufficient.\n(sch.2-sec.9-ssec.2) If a form prescribed or approved by or for the purpose of this Law requires— the form to be completed in a specified way; or specified information or documents to be included in, attached to or given with the form; or the form, or information or documents included in, attached to or given with the form, to be verified in a specified way, the form is not properly completed unless the requirement is complied with.\n- (a) the form to be completed in a specified way; or\n- (b) specified information or documents to be included in, attached to or given with the form; or\n- (c) the form, or information or documents included in, attached to or given with the form, to be verified in a specified way,","sortOrder":768},{"sectionNumber":"sch.2-pt.3","sectionType":"part","heading":"Terms and references","content":"# Terms and references","sortOrder":769},{"sectionNumber":"sch.2-sec.10","sectionType":"section","heading":"Definitions","content":"### sch.2-sec.10 Definitions\n\nIn this Law—\nAct means an Act of the Legislature of this jurisdiction;\naffidavit , in relation to a person allowed by law to affirm, declare or promise, includes affirmation, declaration and promise;\namend includes—\nomit or omit and substitute; or\nalter or vary; or\namend by implication;\nappoint includes re-appoint;\nbreach includes fail to comply with;\nbusiness day means a day that is not—\na Saturday or Sunday;\nobserved as a public holiday on the same day in each of the participating jurisdictions (except the Commonwealth);\ncalendar month means a period starting at the beginning of any day of 1 of the 12 named months and ending—\nimmediately before the beginning of the corresponding day of the next named month; or\nif there is no such corresponding day, at the end of the next named month;\ncalendar year means a period of 12 months beginning on 1 January;\ncommencement , in relation to this Law or an Act or a provision of this Law or an Act, means the time at which this Law, the Act or provision comes into operation;\nconfer , in relation to a function, includes impose;\ncontravene includes fail to comply with;\ndefinition means a provision of this Law (however expressed) that—\ngives a meaning to a word or expression; or\nlimits or extends the meaning of a word or expression;\ndocument includes—\nany paper or other material on which there is writing; or\nany paper or other material on which there are marks, figures, symbols or perforations having a meaning for a person qualified to interpret them; or\nany disc, tape or other article or any material from which sounds, images, writings or messages are capable of being reproduced (with or without the aid of another article or device);\nestate includes easement, charge, right, title, claim, demand, lien or encumbrance, whether at law or in equity;\nexpire includes lapse or otherwise cease to have effect;\nfail includes refuse;\nfinancial year means a period of 12 months beginning on 1 July;\nfunction includes duty;\nGazette means the Government Gazette of this jurisdiction;\ninstrument includes a statutory instrument;\ninterest , in relation to land or other property, means—\na legal or equitable estate in the land or other property; or\na right, power or privilege over, or in relation to, the land or other property;\nmake includes issue or grant;\nminor means an individual who is under 18 years of age;\nmodification includes addition, omission or substitution;\nmonth means a calendar month;\nnamed month means 1 of the 12 months of the year;\nnumber means—\na number expressed in figures or words; or\na letter; or\na combination of a number so expressed and a letter;\noath , in relation to a person allowed by law to affirm, declare or promise, includes affirmation, declaration or promise;\noffice includes position;\nomit , in relation to a provision of this Law or an Act, includes repeal;\nparty includes a body politic or body corporate as well as an individual;\npenalty includes a civil penalty, forfeiture or punishment;\nperson includes a body politic or body corporate as well as an individual;\npower includes authority;\nprescribed means prescribed by the Regulations;\nprinted includes typewritten, lithographed or reproduced by any mechanical means;\nproceeding means a legal or other action or proceeding;\nproperty means any legal or equitable estate or interest (whether present or future, vested or contingent, or tangible or intangible) in real or personal property of any description (including money), and includes things in action;\nprovision , in relation to this Law or an Act, means words or other matter that form or forms part of this Law or the Act , and includes—\na Part, Division, Subdivision, section, subsection, paragraph, subparagraph, subsubparagraph or Schedule of or to this Law or the Act ; or\na section, clause, subclause, item, column, table or form of or in a Schedule to this Law or the Act ; or\nthe long title and any preamble to the Act ;\nrecord includes information stored or recorded by means of a computer;\nrepeal includes—\nrevoke or rescind; or\nrepeal by implication; or\nabrogate or limit the effect of the law or instrument concerned; or\nexclude from, or include in, the application of the law or instrument concerned, any person, subject matter or circumstance;\nsign includes the affixing of a seal or the making of a mark;\nstatutory declaration means a declaration made under an Act, or under a Commonwealth Act or an Act of another jurisdiction, that authorises a declaration to be made otherwise than in the course of a judicial proceeding;\nstatutory instrument means the Regulations or an instrument made or in force under this Law;\nswear , in relation to a person allowed by law to affirm, declare or promise, includes affirm, declare or promise;\nword includes any symbol, figure or drawing;\nwriting includes any mode of representing or reproducing words in a visible form.\n- (a) omit or omit and substitute; or\n- (b) alter or vary; or\n- (c) amend by implication;\n- (a) a Saturday or Sunday;\n- (b) observed as a public holiday on the same day in each of the participating jurisdictions (except the Commonwealth);\n- (a) immediately before the beginning of the corresponding day of the next named month; or\n- (b) if there is no such corresponding day, at the end of the next named month;\n- (a) gives a meaning to a word or expression; or\n- (b) limits or extends the meaning of a word or expression;\n- (a) any paper or other material on which there is writing; or\n- (b) any paper or other material on which there are marks, figures, symbols or perforations having a meaning for a person qualified to interpret them; or\n- (c) any disc, tape or other article or any material from which sounds, images, writings or messages are capable of being reproduced (with or without the aid of another article or device);\n- (a) a legal or equitable estate in the land or other property; or\n- (b) a right, power or privilege over, or in relation to, the land or other property;\n- (a) a number expressed in figures or words; or\n- (b) a letter; or\n- (c) a combination of a number so expressed and a letter;\n- (a) a Part, Division, Subdivision, section, subsection, paragraph, subparagraph, subsubparagraph or Schedule of or to this Law or the Act ; or\n- (b) a section, clause, subclause, item, column, table or form of or in a Schedule to this Law or the Act ; or\n- (c) the long title and any preamble to the Act ;\n- (a) revoke or rescind; or\n- (b) repeal by implication; or\n- (c) abrogate or limit the effect of the law or instrument concerned; or\n- (d) exclude from, or include in, the application of the law or instrument concerned, any person, subject matter or circumstance;","sortOrder":770},{"sectionNumber":"sch.2-sec.11","sectionType":"section","heading":"Provisions relating to defined terms and gender and number","content":"### sch.2-sec.11 Provisions relating to defined terms and gender and number\n\nIf this Law defines a word or expression, other parts of speech and grammatical forms of the word or expression have corresponding meanings.\nDefinitions in or applicable to this Law apply except so far as the context or subject matter otherwise indicates or requires.\nIn this Law, words indicating a gender include each other gender.\nIn this Law—\nwords in the singular include the plural; and\nwords in the plural include the singular.\n(sch.2-sec.11-ssec.1) If this Law defines a word or expression, other parts of speech and grammatical forms of the word or expression have corresponding meanings.\n(sch.2-sec.11-ssec.2) Definitions in or applicable to this Law apply except so far as the context or subject matter otherwise indicates or requires.\n(sch.2-sec.11-ssec.3) In this Law, words indicating a gender include each other gender.\n(sch.2-sec.11-ssec.4) In this Law— words in the singular include the plural; and words in the plural include the singular.\n- (a) words in the singular include the plural; and\n- (b) words in the plural include the singular.","sortOrder":771},{"sectionNumber":"sch.2-sec.12","sectionType":"section","heading":"Meaning of may and must etc","content":"### sch.2-sec.12 Meaning of may and must etc\n\nIn this Law, the word “may”, or a similar word or expression, used in relation to a power indicates that the power may be exercised or not exercised, at discretion.\nIn this Law, the word “must”, or a similar word or expression, used in relation to a power indicates that the power is required to be exercised.\nThis clause has effect despite any rule of construction to the contrary.\n(sch.2-sec.12-ssec.1) In this Law, the word “may”, or a similar word or expression, used in relation to a power indicates that the power may be exercised or not exercised, at discretion.\n(sch.2-sec.12-ssec.2) In this Law, the word “must”, or a similar word or expression, used in relation to a power indicates that the power is required to be exercised.\n(sch.2-sec.12-ssec.3) This clause has effect despite any rule of construction to the contrary.","sortOrder":772},{"sectionNumber":"sch.2-sec.13","sectionType":"section","heading":"Words and expressions used in statutory instruments","content":"### sch.2-sec.13 Words and expressions used in statutory instruments\n\nWords and expressions used in a statutory instrument have the same meanings as they have, from time to time, in this Law, or relevant provisions of this Law, under or for the purposes of which the instrument is made or in force.\nThis clause has effect in relation to an instrument except so far as the contrary intention appears in the instrument.\n(sch.2-sec.13-ssec.1) Words and expressions used in a statutory instrument have the same meanings as they have, from time to time, in this Law, or relevant provisions of this Law, under or for the purposes of which the instrument is made or in force.\n(sch.2-sec.13-ssec.2) This clause has effect in relation to an instrument except so far as the contrary intention appears in the instrument.","sortOrder":773},{"sectionNumber":"sch.2-sec.14","sectionType":"section","heading":"References to Minister","content":"### sch.2-sec.14 References to Minister\n\nIn this Law—\na reference to a Minister is a reference to a Minister of the Crown of this jurisdiction; and\na reference to a particular Minister by title, or to “the Minister” without specifying a particular Minister by title, includes a reference to another Minister, or a member of the Executive Council of this jurisdiction, who is acting for and on behalf of the Minister.\nIn a provision of this Law, a reference to “the Minister”, without specifying a particular Minister by title is a reference to—\nthe Minister of this jurisdiction administering the provision; or\nif, for the time being, different Ministers of this jurisdiction administer the provision in relation to different matters—\nif only 1 Minister of this jurisdiction administers the provision in relation to the relevant matter, the Minister; or\nif 2 or more Ministers of this jurisdiction administer the provision in relation to the relevant matter, any 1 of those Ministers; or\nif paragraph (b) does not apply and, for the time being, 2 or more Ministers administer the provision, any 1 of the Ministers.\nFor the removal of doubt, it is declared that if—\na provision of this Law is administered by 2 or more Ministers of this jurisdiction; and\nthe provision requires or permits anything to be done in relation to any of the Ministers,\nthe provision does not require or permit it to be done in a particular case by or in relation to more than 1 of the Ministers.\n(sch.2-sec.14-ssec.1) In this Law— a reference to a Minister is a reference to a Minister of the Crown of this jurisdiction; and a reference to a particular Minister by title, or to “the Minister” without specifying a particular Minister by title, includes a reference to another Minister, or a member of the Executive Council of this jurisdiction, who is acting for and on behalf of the Minister.\n(sch.2-sec.14-ssec.2) In a provision of this Law, a reference to “the Minister”, without specifying a particular Minister by title is a reference to— the Minister of this jurisdiction administering the provision; or if, for the time being, different Ministers of this jurisdiction administer the provision in relation to different matters— if only 1 Minister of this jurisdiction administers the provision in relation to the relevant matter, the Minister; or if 2 or more Ministers of this jurisdiction administer the provision in relation to the relevant matter, any 1 of those Ministers; or if paragraph (b) does not apply and, for the time being, 2 or more Ministers administer the provision, any 1 of the Ministers.\n(sch.2-sec.14-ssec.3) For the removal of doubt, it is declared that if— a provision of this Law is administered by 2 or more Ministers of this jurisdiction; and the provision requires or permits anything to be done in relation to any of the Ministers, the provision does not require or permit it to be done in a particular case by or in relation to more than 1 of the Ministers.\n- (a) a reference to a Minister is a reference to a Minister of the Crown of this jurisdiction; and\n- (b) a reference to a particular Minister by title, or to “the Minister” without specifying a particular Minister by title, includes a reference to another Minister, or a member of the Executive Council of this jurisdiction, who is acting for and on behalf of the Minister.\n- (a) the Minister of this jurisdiction administering the provision; or\n- (b) if, for the time being, different Ministers of this jurisdiction administer the provision in relation to different matters— (i) if only 1 Minister of this jurisdiction administers the provision in relation to the relevant matter, the Minister; or (ii) if 2 or more Ministers of this jurisdiction administer the provision in relation to the relevant matter, any 1 of those Ministers; or\n- (i) if only 1 Minister of this jurisdiction administers the provision in relation to the relevant matter, the Minister; or\n- (ii) if 2 or more Ministers of this jurisdiction administer the provision in relation to the relevant matter, any 1 of those Ministers; or\n- (c) if paragraph (b) does not apply and, for the time being, 2 or more Ministers administer the provision, any 1 of the Ministers.\n- (i) if only 1 Minister of this jurisdiction administers the provision in relation to the relevant matter, the Minister; or\n- (ii) if 2 or more Ministers of this jurisdiction administer the provision in relation to the relevant matter, any 1 of those Ministers; or\n- (a) a provision of this Law is administered by 2 or more Ministers of this jurisdiction; and\n- (b) the provision requires or permits anything to be done in relation to any of the Ministers,","sortOrder":774},{"sectionNumber":"sch.2-sec.15","sectionType":"section","heading":"Production of records kept in computers etc","content":"### sch.2-sec.15 Production of records kept in computers etc\n\nIf a person who keeps a record of information by means of a mechanical, electronic or other device is required by or under this Law—\nto produce the information or a document containing the information to a court, tribunal or person; or\nto make a document containing the information available for inspection by a court, tribunal or person,\nthen, unless the court, tribunal or person otherwise directs—\nthe requirement obliges the person to produce or make available for inspection, as the case may be, a document that reproduces the information in a form capable of being understood by the court, tribunal or person; and\nthe production to the court, tribunal or person of the document in that form complies with the requirement.\n- (a) to produce the information or a document containing the information to a court, tribunal or person; or\n- (b) to make a document containing the information available for inspection by a court, tribunal or person,\n- (c) the requirement obliges the person to produce or make available for inspection, as the case may be, a document that reproduces the information in a form capable of being understood by the court, tribunal or person; and\n- (d) the production to the court, tribunal or person of the document in that form complies with the requirement.","sortOrder":775},{"sectionNumber":"sch.2-sec.16","sectionType":"section","heading":"References to this jurisdiction to be implied","content":"### sch.2-sec.16 References to this jurisdiction to be implied\n\nIn this Law—\na reference to an officer, office or statutory body is a reference to such an officer, office or statutory body in and for this jurisdiction; and\na reference to a locality or other matter or thing is a reference to such a locality or other matter or thing in and of this jurisdiction.\n- (a) a reference to an officer, office or statutory body is a reference to such an officer, office or statutory body in and for this jurisdiction; and\n- (b) a reference to a locality or other matter or thing is a reference to such a locality or other matter or thing in and of this jurisdiction.","sortOrder":776},{"sectionNumber":"sch.2-sec.17","sectionType":"section","heading":"References to officers and holders of offices","content":"### sch.2-sec.17 References to officers and holders of offices\n\nIn this Law, a reference to a particular officer, or to the holder of a particular office, includes a reference to the person for the time being occupying or acting in the office concerned.","sortOrder":777},{"sectionNumber":"sch.2-sec.18","sectionType":"section","heading":"Reference to certain provisions of Law","content":"### sch.2-sec.18 Reference to certain provisions of Law\n\nIf a provision of this Law refers—\nto a Chapter, Part, section or Schedule by a number and without reference to this Law, the reference is a reference to the Chapter, Part, section or Schedule, designated by the number, of or to this Law; or\nto a Schedule without reference to it by a number and without reference to this Law, the reference, if there is only 1 Schedule to this Law, is a reference to the Schedule; or\nto a Division, Subdivision, subsection, paragraph, subparagraph, subsubparagraph, clause, subclause, item, column, table or form by a number and without reference to this Law, the reference is a reference to—\nthe Division, designated by the number, of the Part in which the reference occurs; and\nthe Subdivision, designated by the number, of the Division in which the reference occurs; and\nthe subsection, designated by the number, of the section in which the reference occurs; and\nthe paragraph, designated by the number, of the section, subsection, Schedule or other provision in which the reference occurs; and\nthe paragraph, designated by the number, of the clause, subclause, item, column, table or form of or in the Schedule in which the reference occurs; and\nthe subparagraph, designated by the number, of the paragraph in which the reference occurs; and\nthe subsubparagraph, designated by the number, of the subparagraph in which the reference occurs; and\nthe section, clause, subclause, item, column, table or form, designated by the number, of or in the Schedule in which the reference occurs,\nas the case requires.\n- (a) to a Chapter, Part, section or Schedule by a number and without reference to this Law, the reference is a reference to the Chapter, Part, section or Schedule, designated by the number, of or to this Law; or\n- (b) to a Schedule without reference to it by a number and without reference to this Law, the reference, if there is only 1 Schedule to this Law, is a reference to the Schedule; or\n- (c) to a Division, Subdivision, subsection, paragraph, subparagraph, subsubparagraph, clause, subclause, item, column, table or form by a number and without reference to this Law, the reference is a reference to— (i) the Division, designated by the number, of the Part in which the reference occurs; and (ii) the Subdivision, designated by the number, of the Division in which the reference occurs; and (iii) the subsection, designated by the number, of the section in which the reference occurs; and (iv) the paragraph, designated by the number, of the section, subsection, Schedule or other provision in which the reference occurs; and (v) the paragraph, designated by the number, of the clause, subclause, item, column, table or form of or in the Schedule in which the reference occurs; and (vi) the subparagraph, designated by the number, of the paragraph in which the reference occurs; and (vii) the subsubparagraph, designated by the number, of the subparagraph in which the reference occurs; and (viii) the section, clause, subclause, item, column, table or form, designated by the number, of or in the Schedule in which the reference occurs, as the case requires.\n- (i) the Division, designated by the number, of the Part in which the reference occurs; and\n- (ii) the Subdivision, designated by the number, of the Division in which the reference occurs; and\n- (iii) the subsection, designated by the number, of the section in which the reference occurs; and\n- (iv) the paragraph, designated by the number, of the section, subsection, Schedule or other provision in which the reference occurs; and\n- (v) the paragraph, designated by the number, of the clause, subclause, item, column, table or form of or in the Schedule in which the reference occurs; and\n- (vi) the subparagraph, designated by the number, of the paragraph in which the reference occurs; and\n- (vii) the subsubparagraph, designated by the number, of the subparagraph in which the reference occurs; and\n- (viii) the section, clause, subclause, item, column, table or form, designated by the number, of or in the Schedule in which the reference occurs,\n- (i) the Division, designated by the number, of the Part in which the reference occurs; and\n- (ii) the Subdivision, designated by the number, of the Division in which the reference occurs; and\n- (iii) the subsection, designated by the number, of the section in which the reference occurs; and\n- (iv) the paragraph, designated by the number, of the section, subsection, Schedule or other provision in which the reference occurs; and\n- (v) the paragraph, designated by the number, of the clause, subclause, item, column, table or form of or in the Schedule in which the reference occurs; and\n- (vi) the subparagraph, designated by the number, of the paragraph in which the reference occurs; and\n- (vii) the subsubparagraph, designated by the number, of the subparagraph in which the reference occurs; and\n- (viii) the section, clause, subclause, item, column, table or form, designated by the number, of or in the Schedule in which the reference occurs,","sortOrder":778},{"sectionNumber":"sch.2-pt.4","sectionType":"part","heading":"Functions and powers","content":"# Functions and powers","sortOrder":779},{"sectionNumber":"sch.2-sec.19","sectionType":"section","heading":"Performance of statutory functions","content":"### sch.2-sec.19 Performance of statutory functions\n\nIf this Law confers a function or power on a person or body, the function may be performed, or the power may be exercised, from time to time as occasion requires.\nIf this Law confers a function or power on a particular officer or the holder of a particular office, the function may be performed, or the power may be exercised, by the person for the time being occupying or acting in the office concerned.\nIf this Law confers a function or power on a body (whether or not incorporated), the performance of the function, or the exercise of the power, is not affected merely because of vacancies in the membership of the body.\n(sch.2-sec.19-ssec.1) If this Law confers a function or power on a person or body, the function may be performed, or the power may be exercised, from time to time as occasion requires.\n(sch.2-sec.19-ssec.2) If this Law confers a function or power on a particular officer or the holder of a particular office, the function may be performed, or the power may be exercised, by the person for the time being occupying or acting in the office concerned.\n(sch.2-sec.19-ssec.3) If this Law confers a function or power on a body (whether or not incorporated), the performance of the function, or the exercise of the power, is not affected merely because of vacancies in the membership of the body.","sortOrder":780},{"sectionNumber":"sch.2-sec.20","sectionType":"section","heading":"Power to make instrument or decision includes power to amend or repeal","content":"### sch.2-sec.20 Power to make instrument or decision includes power to amend or repeal\n\nIf this Law authorises or requires the making of an instrument, decision or determination—\nthe power includes power to amend or repeal the instrument, decision or determination; and\nthe power to amend or repeal the instrument, decision or determination is exercisable in the same way, and subject to the same conditions, as the power to make the instrument, decision or determination.\n- (a) the power includes power to amend or repeal the instrument, decision or determination; and\n- (b) the power to amend or repeal the instrument, decision or determination is exercisable in the same way, and subject to the same conditions, as the power to make the instrument, decision or determination.","sortOrder":781},{"sectionNumber":"sch.2-sec.21","sectionType":"section","heading":"Matters for which statutory instruments may make provision","content":"### sch.2-sec.21 Matters for which statutory instruments may make provision\n\nIf this Law authorises or requires the making of a statutory instrument in relation to a matter, a statutory instrument made under this Law may make provision for the matter by applying, adopting or incorporating (with or without modification) the provisions of—\nan Act or statutory instrument; or\nanother document (whether of the same or a different kind),\nas in force at a particular time or as in force from time to time.\nIf a statutory instrument applies, adopts or incorporates the provisions of a document, the statutory instrument applies, adopts or incorporates the provisions as in force from time to time, unless the statutory instrument otherwise expressly provides.\nA statutory instrument may—\nbe of general or limited application;\nvary according to the persons, times, places or circumstances to which it is expressed to apply.\nA statutory instrument may authorise a matter or thing to be from time to time determined, applied or regulated by a specified person or body.\nIf this Law authorises or requires a matter to be regulated by statutory instrument, the power may be exercised by prohibiting by statutory instrument the matter or any aspect of the matter.\nIf this Law authorises or requires provision to be made with respect to a matter by statutory instrument, a statutory instrument made under this Law may make provision with respect to a particular aspect of the matter despite the fact that provision is made by this Law in relation to another aspect of the matter or in relation to another matter.\nA statutory instrument may provide for the review of, or a right of appeal against, a decision made under the statutory instrument, or this Law, and may, for that purpose, confer jurisdiction on any court, tribunal, person or body.\nA statutory instrument may require a form prescribed by or under the statutory instrument, or information or documents included in, attached to or given with the form, to be verified by statutory declaration.\nIn this clause—\nstatutory instrument does not include the National Gas Rules.\n(sch.2-sec.21-ssec.1) If this Law authorises or requires the making of a statutory instrument in relation to a matter, a statutory instrument made under this Law may make provision for the matter by applying, adopting or incorporating (with or without modification) the provisions of— an Act or statutory instrument; or another document (whether of the same or a different kind), as in force at a particular time or as in force from time to time.\n(sch.2-sec.21-ssec.2) If a statutory instrument applies, adopts or incorporates the provisions of a document, the statutory instrument applies, adopts or incorporates the provisions as in force from time to time, unless the statutory instrument otherwise expressly provides.\n(sch.2-sec.21-ssec.3) A statutory instrument may— be of general or limited application; vary according to the persons, times, places or circumstances to which it is expressed to apply.\n(sch.2-sec.21-ssec.4) A statutory instrument may authorise a matter or thing to be from time to time determined, applied or regulated by a specified person or body.\n(sch.2-sec.21-ssec.5) If this Law authorises or requires a matter to be regulated by statutory instrument, the power may be exercised by prohibiting by statutory instrument the matter or any aspect of the matter.\n(sch.2-sec.21-ssec.6) If this Law authorises or requires provision to be made with respect to a matter by statutory instrument, a statutory instrument made under this Law may make provision with respect to a particular aspect of the matter despite the fact that provision is made by this Law in relation to another aspect of the matter or in relation to another matter.\n(sch.2-sec.21-ssec.7) A statutory instrument may provide for the review of, or a right of appeal against, a decision made under the statutory instrument, or this Law, and may, for that purpose, confer jurisdiction on any court, tribunal, person or body.\n(sch.2-sec.21-ssec.8) A statutory instrument may require a form prescribed by or under the statutory instrument, or information or documents included in, attached to or given with the form, to be verified by statutory declaration.\n(sch.2-sec.21-ssec.9) In this clause— statutory instrument does not include the National Gas Rules.\n- (a) an Act or statutory instrument; or\n- (b) another document (whether of the same or a different kind),\n- (a) be of general or limited application;\n- (b) vary according to the persons, times, places or circumstances to which it is expressed to apply.","sortOrder":782},{"sectionNumber":"sch.2-sec.22","sectionType":"section","heading":"Presumption of validity and power to make","content":"### sch.2-sec.22 Presumption of validity and power to make\n\nAll conditions and preliminary steps required for the making of a statutory instrument are presumed to have been satisfied and performed in the absence of evidence to the contrary.\nA statutory instrument is taken to be made under all powers under which it may be made, even though it purports to be made under this Law or a particular provision of this Law.\n(sch.2-sec.22-ssec.1) All conditions and preliminary steps required for the making of a statutory instrument are presumed to have been satisfied and performed in the absence of evidence to the contrary.\n(sch.2-sec.22-ssec.2) A statutory instrument is taken to be made under all powers under which it may be made, even though it purports to be made under this Law or a particular provision of this Law.","sortOrder":783},{"sectionNumber":"sch.2-sec.23","sectionType":"section","heading":"Appointments may be made by name or office","content":"### sch.2-sec.23 Appointments may be made by name or office\n\nIf this Law authorises or requires a person or body—\nto appoint a person to an office; or\nto appoint a person or body to exercise a power; or\nto appoint a person or body to do another thing,\nthe person or body may make the appointment by—\nappointing a person or body by name; or\nappointing a particular officer, or the holder of a particular office, by reference to the title of the office concerned.\nAn appointment of a particular officer, or the holder of a particular office, is taken to be the appointment of the person for the time being occupying or acting in the office concerned.\n(sch.2-sec.23-ssec.1) If this Law authorises or requires a person or body— to appoint a person to an office; or to appoint a person or body to exercise a power; or to appoint a person or body to do another thing, the person or body may make the appointment by— appointing a person or body by name; or appointing a particular officer, or the holder of a particular office, by reference to the title of the office concerned.\n(sch.2-sec.23-ssec.2) An appointment of a particular officer, or the holder of a particular office, is taken to be the appointment of the person for the time being occupying or acting in the office concerned.\n- (a) to appoint a person to an office; or\n- (b) to appoint a person or body to exercise a power; or\n- (c) to appoint a person or body to do another thing,\n- (d) appointing a person or body by name; or\n- (e) appointing a particular officer, or the holder of a particular office, by reference to the title of the office concerned.","sortOrder":784},{"sectionNumber":"sch.2-sec.24","sectionType":"section","heading":"Acting appointments","content":"### sch.2-sec.24 Acting appointments\n\nIf this Law authorises a person or body to appoint a person to act in an office, the person or body may, in accordance with this Law, appoint—\na person by name; or\na particular officer, or the holder of a particular office, by reference to the title of the office concerned,\nto act in the office.\nThe appointment may be expressed to have effect only in the circumstances specified in the instrument of appointment.\nThe appointer may—\ndetermine the terms and conditions of the appointment, including remuneration and allowances; and\nterminate the appointment at any time.\nThe appointment, or the termination of the appointment, must be in, or evidenced by, writing signed by the appointer.\nThe appointee must not act for more than 1 year during a vacancy in the office.\nIf the appointee is acting in the office otherwise than because of a vacancy in the office and the office becomes vacant, then, subject to subclause (2), the appointee may continue to act until—\nthe appointer otherwise directs; or\nthe vacancy is filled; or\nthe end of a year from the day of the vacancy,\nwhichever happens first.\nThe appointment ceases to have effect if the appointee resigns by writing signed and delivered to the appointer.\nWhile the appointee is acting in the office—\nthe appointee has all the powers and functions of the holder of the office; and\nthis Law and other laws apply to the appointee as if the appointee were the holder of the office.\nAnything done by or in relation to a person purporting to act in the office is not invalid merely because—\nthe occasion for the appointment had not arisen; or\nthe appointment had ceased to have effect; or\nthe occasion for the person to act had not arisen or had ceased.\nIf this Law authorises the appointer to appoint a person to act during a vacancy in the office, an appointment to act in the office may be made by the appointer whether or not an appointment has previously been made to the office.\n(sch.2-sec.24-ssec.1) If this Law authorises a person or body to appoint a person to act in an office, the person or body may, in accordance with this Law, appoint— a person by name; or a particular officer, or the holder of a particular office, by reference to the title of the office concerned, to act in the office.\n(sch.2-sec.24-ssec.2) The appointment may be expressed to have effect only in the circumstances specified in the instrument of appointment.\n(sch.2-sec.24-ssec.3) The appointer may— determine the terms and conditions of the appointment, including remuneration and allowances; and terminate the appointment at any time.\n(sch.2-sec.24-ssec.4) The appointment, or the termination of the appointment, must be in, or evidenced by, writing signed by the appointer.\n(sch.2-sec.24-ssec.5) The appointee must not act for more than 1 year during a vacancy in the office.\n(sch.2-sec.24-ssec.6) If the appointee is acting in the office otherwise than because of a vacancy in the office and the office becomes vacant, then, subject to subclause (2), the appointee may continue to act until— the appointer otherwise directs; or the vacancy is filled; or the end of a year from the day of the vacancy, whichever happens first.\n(sch.2-sec.24-ssec.7) The appointment ceases to have effect if the appointee resigns by writing signed and delivered to the appointer.\n(sch.2-sec.24-ssec.8) While the appointee is acting in the office— the appointee has all the powers and functions of the holder of the office; and this Law and other laws apply to the appointee as if the appointee were the holder of the office.\n(sch.2-sec.24-ssec.9) Anything done by or in relation to a person purporting to act in the office is not invalid merely because— the occasion for the appointment had not arisen; or the appointment had ceased to have effect; or the occasion for the person to act had not arisen or had ceased.\n(sch.2-sec.24-ssec.10) If this Law authorises the appointer to appoint a person to act during a vacancy in the office, an appointment to act in the office may be made by the appointer whether or not an appointment has previously been made to the office.\n- (a) a person by name; or\n- (b) a particular officer, or the holder of a particular office, by reference to the title of the office concerned,\n- (a) determine the terms and conditions of the appointment, including remuneration and allowances; and\n- (b) terminate the appointment at any time.\n- (a) the appointer otherwise directs; or\n- (b) the vacancy is filled; or\n- (c) the end of a year from the day of the vacancy,\n- (a) the appointee has all the powers and functions of the holder of the office; and\n- (b) this Law and other laws apply to the appointee as if the appointee were the holder of the office.\n- (a) the occasion for the appointment had not arisen; or\n- (b) the appointment had ceased to have effect; or\n- (c) the occasion for the person to act had not arisen or had ceased.","sortOrder":785},{"sectionNumber":"sch.2-sec.25","sectionType":"section","heading":"Powers of appointment imply certain incidental powers","content":"### sch.2-sec.25 Powers of appointment imply certain incidental powers\n\nIf this Law authorises or requires a person or body to appoint a person to an office—\nthe power may be exercised from time to time as occasion requires; and\nthe power includes—\npower to remove or suspend, at any time, a person appointed to the office; and\npower to appoint another person to act in the office if a person appointed to the office is removed or suspended; and\npower to reinstate or reappoint a person removed or suspended; and\npower to appoint a person to act in the office if it is vacant (whether or not the office has ever been filled); and\npower to appoint a person to act in the office if the person appointed to the office is absent or is unable to discharge the functions of the office (whether because of illness or otherwise).\nThe power to remove or suspend a person under subclause (1)(b) may be exercised even if this Law provides that the holder of the office to which the person was appointed is to hold office for a specified period.\nThe power to make an appointment under subclause (1)(b) may be exercised from time to time as occasion requires.\nAn appointment under subclause (1)(b) may be expressed to have effect only in the circumstances specified in the instrument of appointment.\n(sch.2-sec.25-ssec.1) If this Law authorises or requires a person or body to appoint a person to an office— the power may be exercised from time to time as occasion requires; and the power includes— power to remove or suspend, at any time, a person appointed to the office; and power to appoint another person to act in the office if a person appointed to the office is removed or suspended; and power to reinstate or reappoint a person removed or suspended; and power to appoint a person to act in the office if it is vacant (whether or not the office has ever been filled); and power to appoint a person to act in the office if the person appointed to the office is absent or is unable to discharge the functions of the office (whether because of illness or otherwise).\n(sch.2-sec.25-ssec.2) The power to remove or suspend a person under subclause (1)(b) may be exercised even if this Law provides that the holder of the office to which the person was appointed is to hold office for a specified period.\n(sch.2-sec.25-ssec.3) The power to make an appointment under subclause (1)(b) may be exercised from time to time as occasion requires.\n(sch.2-sec.25-ssec.4) An appointment under subclause (1)(b) may be expressed to have effect only in the circumstances specified in the instrument of appointment.\n- (a) the power may be exercised from time to time as occasion requires; and\n- (b) the power includes— (i) power to remove or suspend, at any time, a person appointed to the office; and (ii) power to appoint another person to act in the office if a person appointed to the office is removed or suspended; and (iii) power to reinstate or reappoint a person removed or suspended; and (iv) power to appoint a person to act in the office if it is vacant (whether or not the office has ever been filled); and (v) power to appoint a person to act in the office if the person appointed to the office is absent or is unable to discharge the functions of the office (whether because of illness or otherwise).\n- (i) power to remove or suspend, at any time, a person appointed to the office; and\n- (ii) power to appoint another person to act in the office if a person appointed to the office is removed or suspended; and\n- (iii) power to reinstate or reappoint a person removed or suspended; and\n- (iv) power to appoint a person to act in the office if it is vacant (whether or not the office has ever been filled); and\n- (v) power to appoint a person to act in the office if the person appointed to the office is absent or is unable to discharge the functions of the office (whether because of illness or otherwise).\n- (i) power to remove or suspend, at any time, a person appointed to the office; and\n- (ii) power to appoint another person to act in the office if a person appointed to the office is removed or suspended; and\n- (iii) power to reinstate or reappoint a person removed or suspended; and\n- (iv) power to appoint a person to act in the office if it is vacant (whether or not the office has ever been filled); and\n- (v) power to appoint a person to act in the office if the person appointed to the office is absent or is unable to discharge the functions of the office (whether because of illness or otherwise).","sortOrder":786},{"sectionNumber":"sch.2-sec.26","sectionType":"section","heading":"Delegation","content":"### sch.2-sec.26 Delegation\n\nIf this Law authorises a person to delegate a function or power, the person may, in accordance with this Law, delegate the power to—\na person by name; or\na particular officer, or the holder of a particular office, by reference to the title of the office concerned.\nThe delegation—\nmay be general or limited; and\nmay be made from time to time; and\nmay be revoked, wholly or partly, by the delegator.\nThe delegation, or a revocation of the delegation, must be in, or evidenced by, writing signed by the delegator or if the delegator is a body corporate, by a person authorised by the body corporate for the purpose.\nA delegated function or power may be exercised only in accordance with any conditions to which the delegation is subject.\nThe delegate may, in the exercise of a delegated function or power, do anything that is incidental to the delegated function or power.\nA delegated function or power that purports to have been exercised by the delegate is taken to have been duly exercised by the delegate unless the contrary is proved.\nA delegated function or power that is duly exercised by the delegate is taken to have been exercised by the delegator.\nIf, when exercised by the delegator, a function or power is, under this Law, dependent on the delegator’s opinion, belief or state of mind in relation to a matter, the function or power, when exercised by the delegate, is dependent on the delegate’s opinion, belief or state of mind in relation to the matter.\nIf a function or power is delegated to a particular officer or the holder of a particular office—\nthe delegation does not cease to have effect merely because the person who was the particular officer or the holder of the particular office when the power was delegated ceases to be the officer or the holder of the office; and\nthe function or power may be exercised by the person for the time being occupying or acting in the office concerned.\nA function or power that has been delegated may, despite the delegation, be exercised by the delegator.\n(sch.2-sec.26-ssec.1) If this Law authorises a person to delegate a function or power, the person may, in accordance with this Law, delegate the power to— a person by name; or a particular officer, or the holder of a particular office, by reference to the title of the office concerned.\n(sch.2-sec.26-ssec.2) The delegation— may be general or limited; and may be made from time to time; and may be revoked, wholly or partly, by the delegator.\n(sch.2-sec.26-ssec.3) The delegation, or a revocation of the delegation, must be in, or evidenced by, writing signed by the delegator or if the delegator is a body corporate, by a person authorised by the body corporate for the purpose.\n(sch.2-sec.26-ssec.4) A delegated function or power may be exercised only in accordance with any conditions to which the delegation is subject.\n(sch.2-sec.26-ssec.5) The delegate may, in the exercise of a delegated function or power, do anything that is incidental to the delegated function or power.\n(sch.2-sec.26-ssec.6) A delegated function or power that purports to have been exercised by the delegate is taken to have been duly exercised by the delegate unless the contrary is proved.\n(sch.2-sec.26-ssec.7) A delegated function or power that is duly exercised by the delegate is taken to have been exercised by the delegator.\n(sch.2-sec.26-ssec.8) If, when exercised by the delegator, a function or power is, under this Law, dependent on the delegator’s opinion, belief or state of mind in relation to a matter, the function or power, when exercised by the delegate, is dependent on the delegate’s opinion, belief or state of mind in relation to the matter.\n(sch.2-sec.26-ssec.9) If a function or power is delegated to a particular officer or the holder of a particular office— the delegation does not cease to have effect merely because the person who was the particular officer or the holder of the particular office when the power was delegated ceases to be the officer or the holder of the office; and the function or power may be exercised by the person for the time being occupying or acting in the office concerned.\n(sch.2-sec.26-ssec.10) A function or power that has been delegated may, despite the delegation, be exercised by the delegator.\n- (a) a person by name; or\n- (b) a particular officer, or the holder of a particular office, by reference to the title of the office concerned.\n- (a) may be general or limited; and\n- (b) may be made from time to time; and\n- (c) may be revoked, wholly or partly, by the delegator.\n- (a) the delegation does not cease to have effect merely because the person who was the particular officer or the holder of the particular office when the power was delegated ceases to be the officer or the holder of the office; and\n- (b) the function or power may be exercised by the person for the time being occupying or acting in the office concerned.","sortOrder":787},{"sectionNumber":"sch.2-sec.27","sectionType":"section","heading":"Exercise of powers between enactment and commencement","content":"### sch.2-sec.27 Exercise of powers between enactment and commencement\n\nIf a provision of this Law (the empowering provision ) that does not commence on its enactment would, had it commenced, confer a power—\nto make an appointment; or\nto make a statutory instrument of a legislative or administrative character; or\nto do another thing,\nthen—\nthe power may be exercised; and\nanything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect,\nbefore the empowering provision commences.\nIf a provision of an Act of South Australia (the empowering provision ) that does not commence on its enactment would, had it commenced, amend a provision of this Law so that it would confer a power—\nto make an appointment; or\nto make a statutory instrument of a legislative or administrative character; or\nto do another thing,\nthen—\nthe power may be exercised; and\nanything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect,\nbefore the empowering provision commences.\nIf—\nthis Law has commenced and confers a power to make a statutory instrument (the basic instrument making power ); and\na provision of an Act of South Australia that does not commence on its enactment would, had it commenced, amend this Law so as to confer additional power to make a statutory instrument (the additional instrument making power ),\nthen—\nthe basic instrument making power and the additional instrument making power may be exercised by making a single instrument; and\nany provision of the instrument that required an exercise of the additional instrument making power is to be treated as made under subclause (2).\nIf an instrument, or a provision of an instrument, is made under subclause (1) or (2) that is necessary for the purpose of—\nenabling the exercise of a power mentioned in the subclause; or\nbringing an appointment, instrument or other thing made or done under such a power into effect,\nthe instrument or provision takes effect—\non the making of the instrument; or\non such later day (if any) on which, or at such later time (if any) at which, the instrument or provision is expressed to take effect.\nIf—\nan appointment is made under subclause (1) or (2); or\nan instrument, or a provision of an instrument, made under subclause (1) or (2) is not necessary for a purpose mentioned in subclause (4),\nthe appointment, instrument or provision takes effect—\non the commencement of the relevant empowering provision; or\non such later day (if any) on which, or at such later time (if any) at which, the appointment, instrument or provision is expressed to take effect.\nAnything done under subclause (1) or (2) does not confer a right, or impose a liability, on a person before the relevant empowering provision commences.\nAfter the enactment of a provision mentioned in subclause (2) but before the provision’s commencement, this clause applies as if the references in subclauses (2) and (5) to the commencement of the empowering provision were references to the commencement of the provision mentioned in subclause (2) as amended by the empowering provision.\nIn the application of this clause to a statutory instrument, a reference to the enactment of the instrument is a reference to the making of the instrument.\n(sch.2-sec.27-ssec.1) If a provision of this Law (the empowering provision ) that does not commence on its enactment would, had it commenced, confer a power— to make an appointment; or to make a statutory instrument of a legislative or administrative character; or to do another thing, then— the power may be exercised; and anything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect, before the empowering provision commences.\n(sch.2-sec.27-ssec.2) If a provision of an Act of South Australia (the empowering provision ) that does not commence on its enactment would, had it commenced, amend a provision of this Law so that it would confer a power— to make an appointment; or to make a statutory instrument of a legislative or administrative character; or to do another thing, then— the power may be exercised; and anything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect, before the empowering provision commences.\n(sch.2-sec.27-ssec.3) If— this Law has commenced and confers a power to make a statutory instrument (the basic instrument making power ); and a provision of an Act of South Australia that does not commence on its enactment would, had it commenced, amend this Law so as to confer additional power to make a statutory instrument (the additional instrument making power ), then— the basic instrument making power and the additional instrument making power may be exercised by making a single instrument; and any provision of the instrument that required an exercise of the additional instrument making power is to be treated as made under subclause (2).\n(sch.2-sec.27-ssec.4) If an instrument, or a provision of an instrument, is made under subclause (1) or (2) that is necessary for the purpose of— enabling the exercise of a power mentioned in the subclause; or bringing an appointment, instrument or other thing made or done under such a power into effect, the instrument or provision takes effect— on the making of the instrument; or on such later day (if any) on which, or at such later time (if any) at which, the instrument or provision is expressed to take effect.\n(sch.2-sec.27-ssec.5) If— an appointment is made under subclause (1) or (2); or an instrument, or a provision of an instrument, made under subclause (1) or (2) is not necessary for a purpose mentioned in subclause (4), the appointment, instrument or provision takes effect— on the commencement of the relevant empowering provision; or on such later day (if any) on which, or at such later time (if any) at which, the appointment, instrument or provision is expressed to take effect.\n(sch.2-sec.27-ssec.6) Anything done under subclause (1) or (2) does not confer a right, or impose a liability, on a person before the relevant empowering provision commences.\n(sch.2-sec.27-ssec.7) After the enactment of a provision mentioned in subclause (2) but before the provision’s commencement, this clause applies as if the references in subclauses (2) and (5) to the commencement of the empowering provision were references to the commencement of the provision mentioned in subclause (2) as amended by the empowering provision.\n(sch.2-sec.27-ssec.8) In the application of this clause to a statutory instrument, a reference to the enactment of the instrument is a reference to the making of the instrument.\n- (a) to make an appointment; or\n- (b) to make a statutory instrument of a legislative or administrative character; or\n- (c) to do another thing,\n- (d) the power may be exercised; and\n- (e) anything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect,\n- (a) to make an appointment; or\n- (b) to make a statutory instrument of a legislative or administrative character; or\n- (c) to do another thing,\n- (d) the power may be exercised; and\n- (e) anything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect,\n- (a) this Law has commenced and confers a power to make a statutory instrument (the basic instrument making power ); and\n- (b) a provision of an Act of South Australia that does not commence on its enactment would, had it commenced, amend this Law so as to confer additional power to make a statutory instrument (the additional instrument making power ),\n- (c) the basic instrument making power and the additional instrument making power may be exercised by making a single instrument; and\n- (d) any provision of the instrument that required an exercise of the additional instrument making power is to be treated as made under subclause (2).\n- (a) enabling the exercise of a power mentioned in the subclause; or\n- (b) bringing an appointment, instrument or other thing made or done under such a power into effect,\n- (c) on the making of the instrument; or\n- (d) on such later day (if any) on which, or at such later time (if any) at which, the instrument or provision is expressed to take effect.\n- (a) an appointment is made under subclause (1) or (2); or\n- (b) an instrument, or a provision of an instrument, made under subclause (1) or (2) is not necessary for a purpose mentioned in subclause (4),\n- (c) on the commencement of the relevant empowering provision; or\n- (d) on such later day (if any) on which, or at such later time (if any) at which, the appointment, instrument or provision is expressed to take effect.","sortOrder":788},{"sectionNumber":"sch.2-pt.5","sectionType":"part","heading":"Distance and time","content":"# Distance and time","sortOrder":789},{"sectionNumber":"sch.2-sec.28","sectionType":"section","heading":"Matters relating to distance and time","content":"### sch.2-sec.28 Matters relating to distance and time\n\nIn the measurement of distance for the purposes of this Law, the distance is to be measured along the shortest road ordinarily used for travelling.\nIf a period beginning on a given day, act or event is provided or allowed for a purpose by this Law, the period is to be calculated by excluding the day, or the day of the act or event, and—\nif the period is expressed to be a specified number of clear days or at least a specified number of days, by excluding the day on which the purpose is to be fulfilled; and\nin any other case, by including the day on which the purpose is to be fulfilled.\nIf the last day of a period provided or allowed by this Law for doing anything is not a business day in the place in which the thing is to be or may be done, the thing may be done on the next business day in the place.\nIf the last day of a period provided or allowed by this Law for the filing or registration of a document is a day on which the office is closed where the filing or registration is to be or may be done, the document may be filed or registered at the office on the next day that the office is open.\nIf no time is provided or allowed for doing anything, the thing is to be done as soon as possible, and as often as the prescribed occasion happens.\nIf, in this Law, there is a reference to time, the reference is, in relation to the doing of anything in a jurisdiction, a reference to the legal time in the jurisdiction.\n(sch.2-sec.28-ssec.1) In the measurement of distance for the purposes of this Law, the distance is to be measured along the shortest road ordinarily used for travelling.\n(sch.2-sec.28-ssec.2) If a period beginning on a given day, act or event is provided or allowed for a purpose by this Law, the period is to be calculated by excluding the day, or the day of the act or event, and— if the period is expressed to be a specified number of clear days or at least a specified number of days, by excluding the day on which the purpose is to be fulfilled; and in any other case, by including the day on which the purpose is to be fulfilled.\n(sch.2-sec.28-ssec.3) If the last day of a period provided or allowed by this Law for doing anything is not a business day in the place in which the thing is to be or may be done, the thing may be done on the next business day in the place.\n(sch.2-sec.28-ssec.4) If the last day of a period provided or allowed by this Law for the filing or registration of a document is a day on which the office is closed where the filing or registration is to be or may be done, the document may be filed or registered at the office on the next day that the office is open.\n(sch.2-sec.28-ssec.5) If no time is provided or allowed for doing anything, the thing is to be done as soon as possible, and as often as the prescribed occasion happens.\n(sch.2-sec.28-ssec.6) If, in this Law, there is a reference to time, the reference is, in relation to the doing of anything in a jurisdiction, a reference to the legal time in the jurisdiction.\n- (a) if the period is expressed to be a specified number of clear days or at least a specified number of days, by excluding the day on which the purpose is to be fulfilled; and\n- (b) in any other case, by including the day on which the purpose is to be fulfilled.","sortOrder":790},{"sectionNumber":"sch.2-pt.6","sectionType":"part","heading":"Service of documents","content":"# Service of documents","sortOrder":791},{"sectionNumber":"sch.2-sec.29","sectionType":"section","heading":"Service of documents and meaning of service by post etc","content":"### sch.2-sec.29 Service of documents and meaning of service by post etc\n\nIf this Law requires or permits a document to be served on a person (whether the expression “deliver”, “give”, “notify”, “send” or “serve” or another expression is used), the document may be served—\non a natural person—\nby delivering it to the person personally; or\nby leaving it at, or by sending it by post, facsimile or similar facility to the last known address of the place of residence or usual place of business of the person; or\nby sending it electronically to that person; or\non a body corporate—\nby leaving it at the registered office or usual place of business of the body corporate with an officer of the body corporate; or\nby sending it by post, facsimile or similar facility to its registered office or its usual place of business; or\nby sending it electronically to that body corporate or an officer of the body corporate.\nNothing in subclause (1)—\naffects the operation of another law that authorises the service of a document otherwise than as provided in the subclause; or\naffects the power of a court or tribunal to authorise service of a document otherwise than as provided in the subclause.\n(sch.2-sec.29-ssec.1) If this Law requires or permits a document to be served on a person (whether the expression “deliver”, “give”, “notify”, “send” or “serve” or another expression is used), the document may be served— on a natural person— by delivering it to the person personally; or by leaving it at, or by sending it by post, facsimile or similar facility to the last known address of the place of residence or usual place of business of the person; or by sending it electronically to that person; or on a body corporate— by leaving it at the registered office or usual place of business of the body corporate with an officer of the body corporate; or by sending it by post, facsimile or similar facility to its registered office or its usual place of business; or by sending it electronically to that body corporate or an officer of the body corporate.\n(sch.2-sec.29-ssec.2) Nothing in subclause (1)— affects the operation of another law that authorises the service of a document otherwise than as provided in the subclause; or affects the power of a court or tribunal to authorise service of a document otherwise than as provided in the subclause.\n- (a) on a natural person— (i) by delivering it to the person personally; or (ii) by leaving it at, or by sending it by post, facsimile or similar facility to the last known address of the place of residence or usual place of business of the person; or (iii) by sending it electronically to that person; or\n- (i) by delivering it to the person personally; or\n- (ii) by leaving it at, or by sending it by post, facsimile or similar facility to the last known address of the place of residence or usual place of business of the person; or\n- (iii) by sending it electronically to that person; or\n- (b) on a body corporate— (i) by leaving it at the registered office or usual place of business of the body corporate with an officer of the body corporate; or (ii) by sending it by post, facsimile or similar facility to its registered office or its usual place of business; or (iii) by sending it electronically to that body corporate or an officer of the body corporate.\n- (i) by leaving it at the registered office or usual place of business of the body corporate with an officer of the body corporate; or\n- (ii) by sending it by post, facsimile or similar facility to its registered office or its usual place of business; or\n- (iii) by sending it electronically to that body corporate or an officer of the body corporate.\n- (i) by delivering it to the person personally; or\n- (ii) by leaving it at, or by sending it by post, facsimile or similar facility to the last known address of the place of residence or usual place of business of the person; or\n- (iii) by sending it electronically to that person; or\n- (i) by leaving it at the registered office or usual place of business of the body corporate with an officer of the body corporate; or\n- (ii) by sending it by post, facsimile or similar facility to its registered office or its usual place of business; or\n- (iii) by sending it electronically to that body corporate or an officer of the body corporate.\n- (a) affects the operation of another law that authorises the service of a document otherwise than as provided in the subclause; or\n- (b) affects the power of a court or tribunal to authorise service of a document otherwise than as provided in the subclause.","sortOrder":792},{"sectionNumber":"sch.2-sec.30","sectionType":"section","heading":"Meaning of service by post etc","content":"### sch.2-sec.30 Meaning of service by post etc\n\nIf this Law requires or permits a document to be served by post (whether the expression “deliver”, “give”, “notify”, “send” or “serve” or another expression is used), service—\nmay be effected by properly addressing, prepaying and posting the document as a letter; and\nis taken to have been effected at the time at which the letter would be delivered in the ordinary course of post, unless the contrary is proved.\nIf this Law requires or permits a document to be served by a particular postal method (whether the expression “deliver”, “give”, “notify”, “send” or “serve” or another expression is used), the requirement or permission is taken to be satisfied if the document is posted by that method or, if that method is not available, by the equivalent, or nearest equivalent, method provided for the time being by Australia Post.\n(sch.2-sec.30-ssec.1) If this Law requires or permits a document to be served by post (whether the expression “deliver”, “give”, “notify”, “send” or “serve” or another expression is used), service— may be effected by properly addressing, prepaying and posting the document as a letter; and is taken to have been effected at the time at which the letter would be delivered in the ordinary course of post, unless the contrary is proved.\n(sch.2-sec.30-ssec.2) If this Law requires or permits a document to be served by a particular postal method (whether the expression “deliver”, “give”, “notify”, “send” or “serve” or another expression is used), the requirement or permission is taken to be satisfied if the document is posted by that method or, if that method is not available, by the equivalent, or nearest equivalent, method provided for the time being by Australia Post.\n- (a) may be effected by properly addressing, prepaying and posting the document as a letter; and\n- (b) is taken to have been effected at the time at which the letter would be delivered in the ordinary course of post, unless the contrary is proved.","sortOrder":793},{"sectionNumber":"sch.2-pt.7","sectionType":"part","heading":"Evidentiary matters","content":"# Evidentiary matters","sortOrder":794},{"sectionNumber":"sch.2-pt.7-div.1","sectionType":"division","heading":"Publication on websites","content":"## Publication on websites","sortOrder":795},{"sectionNumber":"sch.2-sec.31","sectionType":"section","heading":"Definitions","content":"### sch.2-sec.31 Definitions\n\nIn this Division—\ndecision maker means the AER, the AEMC or AEMO;\nsch 2 s 31 def decision maker amd 2009 No. 30 (SA) s 48 (1) ; 2022 No. 21 (SA) s 89 (3)\nrelevant decision or document means—\na decision (however described) or determination (however described) of a decision maker under this Law or the Rules; or\nan access arrangement to which a decision of the AER under the Law or Rules relates;\nrelevant notice means a notice under the Rules calling for or inviting submissions or comments in relation to a relevant decision or document;\n- (a) a decision (however described) or determination (however described) of a decision maker under this Law or the Rules; or\n- (b) an access arrangement to which a decision of the AER under the Law or Rules relates;","sortOrder":796},{"sectionNumber":"sch.2-sec.32","sectionType":"section","heading":"Publication of decisions on websites","content":"### sch.2-sec.32 Publication of decisions on websites\n\nFor the purposes of this Law, a relevant decision or document or relevant notice that is required by this Law or the Rules to be published on a website is to be taken to be published on the website if—\nthe relevant decision or document or relevant notice is made accessible in full on the website; or\nnotice of the making or publication of the relevant decision or document or relevant notice is made accessible on that website and the relevant decision or document or relevant notice is made accessible separately in full on that website or in any other identified location.\nThe date on which the relevant decision or document or relevant notice is published on the website is the date notified by the relevant decision maker on the website as the date of the relevant decision’s or document’s or relevant notice’s publication (being not earlier than the date on which it was first made so accessible).\n(sch.2-sec.32-ssec.1) For the purposes of this Law, a relevant decision or document or relevant notice that is required by this Law or the Rules to be published on a website is to be taken to be published on the website if— the relevant decision or document or relevant notice is made accessible in full on the website; or notice of the making or publication of the relevant decision or document or relevant notice is made accessible on that website and the relevant decision or document or relevant notice is made accessible separately in full on that website or in any other identified location.\n(sch.2-sec.32-ssec.2) The date on which the relevant decision or document or relevant notice is published on the website is the date notified by the relevant decision maker on the website as the date of the relevant decision’s or document’s or relevant notice’s publication (being not earlier than the date on which it was first made so accessible).\n- (a) the relevant decision or document or relevant notice is made accessible in full on the website; or\n- (b) notice of the making or publication of the relevant decision or document or relevant notice is made accessible on that website and the relevant decision or document or relevant notice is made accessible separately in full on that website or in any other identified location.","sortOrder":797},{"sectionNumber":"sch.2-pt.7-div.2","sectionType":"division","heading":"Evidentiary certificates","content":"## Evidentiary certificates","sortOrder":798},{"sectionNumber":"sch.2-sec.33","sectionType":"section","heading":"Definitions","content":"### sch.2-sec.33 Definitions\n\nIn this Division—\nacting SES employee has the same meaning as in section 17AA of the Acts Interpretation Act 1901 of the Commonwealth;\nAEMC chief executive means the chief executive of the AEMC appointed under section 16 of the Australian Energy Market Commission Establishment Act 2004 of South Australia;\nAEMC Commissioner means a Commissioner within the meaning of the Australian Energy Market Commission Establishment Act 2004 of South Australia;\nAER member has the same meaning as in the Competition and Consumer Act 2010 of the Commonwealth;\nNCC member ...\nsch 2 s 33 def NCC member om 2022 No. 21 (SA) s 89 (4)\nrelevant notice has the same meaning as in clause 31;\nSES employee has the same meaning as in section 17AA of the Acts Interpretation Act 1901 of the Commonwealth.","sortOrder":799},{"sectionNumber":"sch.2-sec.34","sectionType":"section","heading":"Evidentiary certificates—AER","content":"### sch.2-sec.34 Evidentiary certificates—AER\n\nIn any proceedings under this Law, a certificate signed or purported to be signed by an AER member, or an SES employee or acting SES employee assisting the AER as mentioned in section 44AAC of the Competition and Consumer Act 2010 of the Commonwealth, stating any of the following matters is evidence of the matter:\na stated document is 1 of the following things, made, given, served or issued under this Law or the Rules:\na decision (however described) or determination (however described);\nan authorisation under section 32 ;\na general regulatory information order;\na notice, notification, direction or requirement;\na stated document is a copy of a thing referred to in paragraph (a) ;\na stated document is a copy of a rate of return instrument;\non a stated day, a person was or was not:\ngiven a decision (however described), or determination (however described);\nauthorised as an authorised person (within the meaning of section 31 );\nserved a notice under section 42 or a regulatory information notice;\nnotified under section 52 ;\nnotified under section 143 (3) of the making of an AER ring fencing determination;\non a stated day any of the following were published on the AER’s website:\na decision (however described) or determination (however described);\na general regulatory information order;\nan access arrangement or revisions to an applicable access arrangement submitted for approval under section 113 ;\na relevant notice.\nsch 2 s 34 amd 2018 No. 33 (SA) s 20 (1) ; 2022 No. 21 (SA) s 89 (5) – (6)\n- (a) a stated document is 1 of the following things, made, given, served or issued under this Law or the Rules: (i) a decision (however described) or determination (however described); (ii) an authorisation under section 32 ; (iii) a general regulatory information order; (iv) a notice, notification, direction or requirement;\n- (i) a decision (however described) or determination (however described);\n- (ii) an authorisation under section 32 ;\n- (iii) a general regulatory information order;\n- (iv) a notice, notification, direction or requirement;\n- (b) a stated document is a copy of a thing referred to in paragraph (a) ;\n- (ba) a stated document is a copy of a rate of return instrument;\n- (c) on a stated day, a person was or was not: (i) given a decision (however described), or determination (however described); (ii) authorised as an authorised person (within the meaning of section 31 ); (iii) served a notice under section 42 or a regulatory information notice; (iv) notified under section 52 ; (v) notified under section 143 (3) of the making of an AER ring fencing determination;\n- (i) given a decision (however described), or determination (however described);\n- (ii) authorised as an authorised person (within the meaning of section 31 );\n- (iii) served a notice under section 42 or a regulatory information notice;\n- (iv) notified under section 52 ;\n- (v) notified under section 143 (3) of the making of an AER ring fencing determination;\n- (d) on a stated day any of the following were published on the AER’s website: (i) a decision (however described) or determination (however described); (ii) a general regulatory information order; (iii) an access arrangement or revisions to an applicable access arrangement submitted for approval under section 113 ; (v) a relevant notice.\n- (i) a decision (however described) or determination (however described);\n- (ii) a general regulatory information order;\n- (iii) an access arrangement or revisions to an applicable access arrangement submitted for approval under section 113 ;\n- (v) a relevant notice.\n- (i) a decision (however described) or determination (however described);\n- (ii) an authorisation under section 32 ;\n- (iii) a general regulatory information order;\n- (iv) a notice, notification, direction or requirement;\n- (i) given a decision (however described), or determination (however described);\n- (ii) authorised as an authorised person (within the meaning of section 31 );\n- (iii) served a notice under section 42 or a regulatory information notice;\n- (iv) notified under section 52 ;\n- (v) notified under section 143 (3) of the making of an AER ring fencing determination;\n- (i) a decision (however described) or determination (however described);\n- (ii) a general regulatory information order;\n- (iii) an access arrangement or revisions to an applicable access arrangement submitted for approval under section 113 ;\n- (v) a relevant notice.","sortOrder":800},{"sectionNumber":"sch.2-sec.35","sectionType":"section","heading":"Evidentiary certificates—AEMC","content":"### sch.2-sec.35 Evidentiary certificates—AEMC\n\nIn any proceedings under this Law, a certificate signed or purported to be signed by a Commissioner or the AEMC chief executive, stating any of the following matters is evidence of the matter:\na stated document is a decision (however described), made, given, served or issued under this Law;\na stated document is a copy of a thing referred to in paragraph (a) ;\non a stated day, a person was or was not given a decision (however described);\non a stated day a relevant notice was published on the AEMC’s website.\n- (a) a stated document is a decision (however described), made, given, served or issued under this Law;\n- (b) a stated document is a copy of a thing referred to in paragraph (a) ;\n- (c) on a stated day, a person was or was not given a decision (however described);\n- (d) on a stated day a relevant notice was published on the AEMC’s website.","sortOrder":801},{"sectionNumber":"sch.2-sec.36","sectionType":"section","heading":null,"content":"### Section sch.2-sec.36\n\nsch 2 s 36 om 2022 No. 21 (SA) s 89 (7)","sortOrder":802},{"sectionNumber":"sch.2-sec.37","sectionType":"section","heading":null,"content":"### Section sch.2-sec.37\n\nsch 2 s 37 om 2022 No. 21 (SA) s 89 (7)","sortOrder":803},{"sectionNumber":"sch.2-sec.38","sectionType":"section","heading":"Evidentiary certificates—AEMO","content":"### sch.2-sec.38 Evidentiary certificates—AEMO\n\nIn any proceedings under this Law, any of the following certificates signed or purportedly signed by an authorised officer is evidence of the matter certified:\na certificate certifying that a document identified in the certificate is a decision (however described) or a determination (however described) made by AEMO or a copy of such a decision or determination;\na certificate certifying that a document identified in the certificate was made, issued, developed, prepared, promulgated, served, sent, delivered, or given under this Law or the Rules on a specified date or over a specified period;\na certificate certifying that a decision, determination or notice was published on AEMO’s website on a specified date.\nFor this clause, an authorised officer is AEMO’s CEO or a person authorised by AEMO’s CEO to issue certificates under this clause.\nsch 2 s 38 sub 2009 No. 30 (SA) s 48 (3)\n(sch.2-sec.38-ssec.1) In any proceedings under this Law, any of the following certificates signed or purportedly signed by an authorised officer is evidence of the matter certified: a certificate certifying that a document identified in the certificate is a decision (however described) or a determination (however described) made by AEMO or a copy of such a decision or determination; a certificate certifying that a document identified in the certificate was made, issued, developed, prepared, promulgated, served, sent, delivered, or given under this Law or the Rules on a specified date or over a specified period; a certificate certifying that a decision, determination or notice was published on AEMO’s website on a specified date.\n(sch.2-sec.38-ssec.2) For this clause, an authorised officer is AEMO’s CEO or a person authorised by AEMO’s CEO to issue certificates under this clause.\n- (a) a certificate certifying that a document identified in the certificate is a decision (however described) or a determination (however described) made by AEMO or a copy of such a decision or determination;\n- (b) a certificate certifying that a document identified in the certificate was made, issued, developed, prepared, promulgated, served, sent, delivered, or given under this Law or the Rules on a specified date or over a specified period;\n- (c) a certificate certifying that a decision, determination or notice was published on AEMO’s website on a specified date.","sortOrder":804},{"sectionNumber":"sch.2-pt.8","sectionType":"part","heading":"Commencement of this Law and statutory instruments","content":"# Commencement of this Law and statutory instruments","sortOrder":805},{"sectionNumber":"sch.2-sec.39","sectionType":"section","heading":"Time of commencement of this Law or a provision of this Law","content":"### sch.2-sec.39 Time of commencement of this Law or a provision of this Law\n\nIf a provision of an Act of South Australia provides that this Law or a provision of this Law shall commence, or be deemed to have commenced, on a particular day, it shall commence, or be deemed to have commenced, at the beginning of that day.","sortOrder":806},{"sectionNumber":"sch.2-sec.40","sectionType":"section","heading":"Time of commencement of a Rule","content":"### sch.2-sec.40 Time of commencement of a Rule\n\nIf a Rule provides that the Rule shall commence on a particular day, it shall commence at the beginning of that day.\nIf a provision of an Act of South Australia provides that a Rule is deemed to have commenced on a particular day, the Rule shall be deemed to have commenced at the beginning of that day.\nIf a notice published in the South Australian Government Gazette under Chapter 9 Part 2 or section 314 provides that a Rule shall commence on a particular day, the Rule shall commence at the beginning of that day.\n(sch.2-sec.40-ssec.1) If a Rule provides that the Rule shall commence on a particular day, it shall commence at the beginning of that day.\n(sch.2-sec.40-ssec.2) If a provision of an Act of South Australia provides that a Rule is deemed to have commenced on a particular day, the Rule shall be deemed to have commenced at the beginning of that day.\n(sch.2-sec.40-ssec.3) If a notice published in the South Australian Government Gazette under Chapter 9 Part 2 or section 314 provides that a Rule shall commence on a particular day, the Rule shall commence at the beginning of that day.","sortOrder":807},{"sectionNumber":"sch.2-pt.9","sectionType":"part","heading":"Effect of repeal, amendment or expiration","content":"# Effect of repeal, amendment or expiration","sortOrder":808},{"sectionNumber":"sch.2-sec.41","sectionType":"section","heading":"Time of Law, the Regulations or Rules ceasing to have effect","content":"### sch.2-sec.41 Time of Law, the Regulations or Rules ceasing to have effect\n\nIf a provision of this Law, the Regulations or the Rules is expressed—\nto expire on a specified day; or\nto remain or continue in force, or otherwise have effect, until a specified day,\nthe provision has effect until the last moment of the specified day.\n- (a) to expire on a specified day; or\n- (b) to remain or continue in force, or otherwise have effect, until a specified day,","sortOrder":809},{"sectionNumber":"sch.2-sec.42","sectionType":"section","heading":"Repealed Law, Regulation or Rule provisions not revived","content":"### sch.2-sec.42 Repealed Law, Regulation or Rule provisions not revived\n\nIf a provision of this Law is repealed or amended by an Act of South Australia or a provision of an Act of South Australia, the provision is not revived merely because the Act or the provision of the Act —\nis later repealed or amended; or\nlater expires.\nIf a provision of the Regulations or the Rules is repealed or amended by a Regulation or a Rule, the provision is not revived merely because the Regulation or Rule—\nis later repealed or amended; or\nlater expires.\n(sch.2-sec.42-ssec.1) If a provision of this Law is repealed or amended by an Act of South Australia or a provision of an Act of South Australia, the provision is not revived merely because the Act or the provision of the Act — is later repealed or amended; or later expires.\n(sch.2-sec.42-ssec.2) If a provision of the Regulations or the Rules is repealed or amended by a Regulation or a Rule, the provision is not revived merely because the Regulation or Rule— is later repealed or amended; or later expires.\n- (a) is later repealed or amended; or\n- (b) later expires.\n- (a) is later repealed or amended; or\n- (b) later expires.","sortOrder":810},{"sectionNumber":"sch.2-sec.43","sectionType":"section","heading":"Saving of operation of repealed Law, Regulation or Rule provisions","content":"### sch.2-sec.43 Saving of operation of repealed Law, Regulation or Rule provisions\n\nThe repeal, amendment or expiry of a provision of this Law, the Regulations or the Rules does not—\nrevive anything not in force or existing at the time the repeal, amendment or expiry takes effect; or\naffect the previous operation of the provision or anything suffered, done or begun under the provision; or\naffect a right, privilege or liability acquired, accrued or incurred under the provision; or\naffect a penalty incurred in relation to an offence arising under the provision; or\naffect an investigation, proceeding or remedy in relation to such a right, privilege, liability or penalty.\nAny such penalty may be imposed and enforced, and any such investigation, proceeding or remedy may be begun, continued or enforced, as if the provision had not been repealed or amended or had not expired.\n(sch.2-sec.43-ssec.1) The repeal, amendment or expiry of a provision of this Law, the Regulations or the Rules does not— revive anything not in force or existing at the time the repeal, amendment or expiry takes effect; or affect the previous operation of the provision or anything suffered, done or begun under the provision; or affect a right, privilege or liability acquired, accrued or incurred under the provision; or affect a penalty incurred in relation to an offence arising under the provision; or affect an investigation, proceeding or remedy in relation to such a right, privilege, liability or penalty.\n(sch.2-sec.43-ssec.2) Any such penalty may be imposed and enforced, and any such investigation, proceeding or remedy may be begun, continued or enforced, as if the provision had not been repealed or amended or had not expired.\n- (a) revive anything not in force or existing at the time the repeal, amendment or expiry takes effect; or\n- (b) affect the previous operation of the provision or anything suffered, done or begun under the provision; or\n- (c) affect a right, privilege or liability acquired, accrued or incurred under the provision; or\n- (d) affect a penalty incurred in relation to an offence arising under the provision; or\n- (e) affect an investigation, proceeding or remedy in relation to such a right, privilege, liability or penalty.","sortOrder":811},{"sectionNumber":"sch.2-sec.44","sectionType":"section","heading":"Continuance of repealed provisions","content":"### sch.2-sec.44 Continuance of repealed provisions\n\nIf an Act of South Australia repeals some provisions of this Law and enacts new provisions in substitution for the repealed provisions, the repealed provisions continue in force until the new provisions commence.\nIf a Regulation or Rule repeals some provisions of the Regulations or Rules and enacts new provisions in substitution for the repealed provisions, the repealed provisions continue in force until the new provisions commence.\n(sch.2-sec.44-ssec.1) If an Act of South Australia repeals some provisions of this Law and enacts new provisions in substitution for the repealed provisions, the repealed provisions continue in force until the new provisions commence.\n(sch.2-sec.44-ssec.2) If a Regulation or Rule repeals some provisions of the Regulations or Rules and enacts new provisions in substitution for the repealed provisions, the repealed provisions continue in force until the new provisions commence.","sortOrder":812},{"sectionNumber":"sch.2-sec.45","sectionType":"section","heading":"Law and amending Acts to be read as one","content":"### sch.2-sec.45 Law and amending Acts to be read as one\n\nThis Law and all Acts of this jurisdiction amending this Law are to be read as one.","sortOrder":813},{"sectionNumber":"sch.2-pt.10","sectionType":"part","heading":"Offences under this Law","content":"# Offences under this Law","sortOrder":814},{"sectionNumber":"sch.2-sec.46","sectionType":"section","heading":"Penalty at foot of provision","content":"### sch.2-sec.46 Penalty at foot of provision\n\nIn this Law, a penalty specified at the foot of—\na section (whether or not the section is divided into subsections); or\na subsection (but not at the end of a section); or\na section or subsection and expressed in such a way as to indicate that it applies only to part of the section or subsection,\nindicates that an offence mentioned in the section, subsection or part is punishable on conviction or, if no offence is mentioned, a contravention of the section, subsection or part constitutes an offence against the provision that is punishable, on conviction, by a penalty not more than the specified penalty.\n- (a) a section (whether or not the section is divided into subsections); or\n- (b) a subsection (but not at the end of a section); or\n- (c) a section or subsection and expressed in such a way as to indicate that it applies only to part of the section or subsection,","sortOrder":815},{"sectionNumber":"sch.2-sec.47","sectionType":"section","heading":"Penalty other than at foot of provision","content":"### sch.2-sec.47 Penalty other than at foot of provision\n\nIn this Law, a penalty specified for an offence, or a contravention of a provision, indicates that the offence is punishable on conviction, or the contravention constitutes an offence against the provision that is punishable, on conviction, by a penalty not more than the specified penalty.\nThis clause does not apply to a penalty to which clause 36 applies.\n(sch.2-sec.47-ssec.1) In this Law, a penalty specified for an offence, or a contravention of a provision, indicates that the offence is punishable on conviction, or the contravention constitutes an offence against the provision that is punishable, on conviction, by a penalty not more than the specified penalty.\n(sch.2-sec.47-ssec.2) This clause does not apply to a penalty to which clause 36 applies.","sortOrder":816},{"sectionNumber":"sch.2-sec.47A","sectionType":"section","heading":"Indexation of civil penalty amounts","content":"### sch.2-sec.47A Indexation of civil penalty amounts\n\nEach civil penalty amount is to be adjusted in accordance with the method prescribed by the Regulations for the purposes of this clause.\nThe first adjustment is to occur on 1 July 2023.\nThe next adjustment is to occur on 1 July 2026 and an adjustment is to occur on 1 July every 3 years after that.\nThe AER must, on or as soon as practicable after the date of the first adjustment and before each subsequent adjustment, publish on its website the civil penalty amounts that apply on and from the date of the adjustment. However, a failure by the AER to do so does not invalidate an adjustment.\nA civil penalty amount that is adjusted under this clause applies to a breach of a civil penalty provision that occurs or is alleged to occur on or after the date of the adjustment.\nIn this clause—\ncivil penalty amount means—\neach amount specified in section 3A (1) (a) , (b) or (c) (i) or (ii) (A) ; and\neach amount specified as an infringement penalty in section 279 .\nsch 2 s 47A ins 2020 No. 37 (SA) s 72 (1)\n(sch.2-sec.47A-ssec.1) Each civil penalty amount is to be adjusted in accordance with the method prescribed by the Regulations for the purposes of this clause.\n(sch.2-sec.47A-ssec.2) The first adjustment is to occur on 1 July 2023.\n(sch.2-sec.47A-ssec.3) The next adjustment is to occur on 1 July 2026 and an adjustment is to occur on 1 July every 3 years after that.\n(sch.2-sec.47A-ssec.4) The AER must, on or as soon as practicable after the date of the first adjustment and before each subsequent adjustment, publish on its website the civil penalty amounts that apply on and from the date of the adjustment. However, a failure by the AER to do so does not invalidate an adjustment.\n(sch.2-sec.47A-ssec.5) A civil penalty amount that is adjusted under this clause applies to a breach of a civil penalty provision that occurs or is alleged to occur on or after the date of the adjustment.\n(sch.2-sec.47A-ssec.6) In this clause— civil penalty amount means— each amount specified in section 3A (1) (a) , (b) or (c) (i) or (ii) (A) ; and each amount specified as an infringement penalty in section 279 .\n- (a) each amount specified in section 3A (1) (a) , (b) or (c) (i) or (ii) (A) ; and\n- (b) each amount specified as an infringement penalty in section 279 .","sortOrder":817},{"sectionNumber":"sch.2-sec.47B","sectionType":"section","heading":"Indexation of criminal penalties","content":"### sch.2-sec.47B Indexation of criminal penalties\n\nEach criminal penalty amount is to be adjusted in accordance with the method prescribed by the Regulations for the purposes of this clause.\nThe first adjustment is to occur on 1 July 2023.\nThe next adjustment is to occur on 1 July 2026 and an adjustment is to occur on 1 July every 3 years after that.\nThe AER must, on or as soon as practicable after the date of the first adjustment and before each subsequent adjustment, publish on its website the criminal penalty amounts that apply on and from the date of the adjustment. However, a failure by the AER to do so does not invalidate an adjustment.\nA criminal penalty amount that is adjusted under this clause applies to a breach of a provision that occurs or is alleged to occur on or after the date of the adjustment.\nIn this clause—\ncriminal penalty amount means any amount, specified in this Law, which is the maximum monetary penalty that may be imposed on conviction for the commission of an offence against this Law.\nsch 2 s 47B ins 2020 No. 37 (SA) s 72 (1)\n(sch.2-sec.47B-ssec.1) Each criminal penalty amount is to be adjusted in accordance with the method prescribed by the Regulations for the purposes of this clause.\n(sch.2-sec.47B-ssec.2) The first adjustment is to occur on 1 July 2023.\n(sch.2-sec.47B-ssec.3) The next adjustment is to occur on 1 July 2026 and an adjustment is to occur on 1 July every 3 years after that.\n(sch.2-sec.47B-ssec.4) The AER must, on or as soon as practicable after the date of the first adjustment and before each subsequent adjustment, publish on its website the criminal penalty amounts that apply on and from the date of the adjustment. However, a failure by the AER to do so does not invalidate an adjustment.\n(sch.2-sec.47B-ssec.5) A criminal penalty amount that is adjusted under this clause applies to a breach of a provision that occurs or is alleged to occur on or after the date of the adjustment.\n(sch.2-sec.47B-ssec.6) In this clause— criminal penalty amount means any amount, specified in this Law, which is the maximum monetary penalty that may be imposed on conviction for the commission of an offence against this Law.","sortOrder":818},{"sectionNumber":"sch.2-sec.48","sectionType":"section","heading":"Indictable offences and summary offences","content":"### sch.2-sec.48 Indictable offences and summary offences\n\nAn offence against this Law that is not punishable by imprisonment is punishable summarily.\nAn offence against this Law that is punishable by imprisonment is, subject to subclause (3), punishable on indictment.\nIf—\na proceeding for an offence against this Law that is punishable by imprisonment is instituted in a court of summary jurisdiction; and\nthe prosecutor requests the court to hear and determine the proceeding,\nthe offence is punishable summarily and the court must hear and determine the proceeding.\nA court of summary jurisdiction must not—\nimpose, in relation to a single offence against this Law, a period of imprisonment of more than 2 years; or\nimpose, in relation to offences against the Law, cumulative periods of imprisonment that are, in total, more than 5 years.\nNothing in this clause renders a person liable to be punished more than once in relation to the same offence.\n(sch.2-sec.48-ssec.1) An offence against this Law that is not punishable by imprisonment is punishable summarily.\n(sch.2-sec.48-ssec.2) An offence against this Law that is punishable by imprisonment is, subject to subclause (3), punishable on indictment.\n(sch.2-sec.48-ssec.3) If— a proceeding for an offence against this Law that is punishable by imprisonment is instituted in a court of summary jurisdiction; and the prosecutor requests the court to hear and determine the proceeding, the offence is punishable summarily and the court must hear and determine the proceeding.\n(sch.2-sec.48-ssec.4) A court of summary jurisdiction must not— impose, in relation to a single offence against this Law, a period of imprisonment of more than 2 years; or impose, in relation to offences against the Law, cumulative periods of imprisonment that are, in total, more than 5 years.\n(sch.2-sec.48-ssec.5) Nothing in this clause renders a person liable to be punished more than once in relation to the same offence.\n- (a) a proceeding for an offence against this Law that is punishable by imprisonment is instituted in a court of summary jurisdiction; and\n- (b) the prosecutor requests the court to hear and determine the proceeding,\n- (a) impose, in relation to a single offence against this Law, a period of imprisonment of more than 2 years; or\n- (b) impose, in relation to offences against the Law, cumulative periods of imprisonment that are, in total, more than 5 years.","sortOrder":819},{"sectionNumber":"sch.2-sec.49","sectionType":"section","heading":"Double jeopardy","content":"### sch.2-sec.49 Double jeopardy\n\nIf an act or omission constitutes an offence—\nunder this Law as applied as a law of this jurisdiction; and\nunder this Law as applied as a law of another jurisdiction,\nand the offender has been punished in relation to the offence under the law mentioned in paragraph (b) , the offender is not liable to be punished in relation to the offence mentioned in paragraph (a) .\nIf an act or omission constitutes—\na breach of a civil penalty provision of this Law as applied as a law of this jurisdiction; and\na breach of a civil penalty provision of this Law as applied as a law of another jurisdiction,\nand the person in breach of the civil penalty provision mentioned in paragraph (a) has been punished in relation to the civil penalty provision mentioned in paragraph (b) , the person is not liable in relation to the breach of the civil penalty provision mentioned in paragraph (a) .\nThe Court must not make a declaration that a person has breached a provision of this Law, the Regulations or the Rules that is not an offence provision if the person has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the breach.\nProceedings for a declaration referred to in subclause (3) are stayed if—\ncriminal proceedings are commenced or have already been commenced against the person for an offence; and\nthe offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the breach.\nThe proceedings for the declaration referred to in subclause (3) may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the declaration must be dismissed.\nsch 2 s 49 amd 2020 No. 37 (SA) s 72 (2)\n(sch.2-sec.49-ssec.1) If an act or omission constitutes an offence— under this Law as applied as a law of this jurisdiction; and under this Law as applied as a law of another jurisdiction, and the offender has been punished in relation to the offence under the law mentioned in paragraph (b) , the offender is not liable to be punished in relation to the offence mentioned in paragraph (a) .\n(sch.2-sec.49-ssec.2) If an act or omission constitutes— a breach of a civil penalty provision of this Law as applied as a law of this jurisdiction; and a breach of a civil penalty provision of this Law as applied as a law of another jurisdiction, and the person in breach of the civil penalty provision mentioned in paragraph (a) has been punished in relation to the civil penalty provision mentioned in paragraph (b) , the person is not liable in relation to the breach of the civil penalty provision mentioned in paragraph (a) .\n(sch.2-sec.49-ssec.3) The Court must not make a declaration that a person has breached a provision of this Law, the Regulations or the Rules that is not an offence provision if the person has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the breach.\n(sch.2-sec.49-ssec.4) Proceedings for a declaration referred to in subclause (3) are stayed if— criminal proceedings are commenced or have already been commenced against the person for an offence; and the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the breach.\n(sch.2-sec.49-ssec.5) The proceedings for the declaration referred to in subclause (3) may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the declaration must be dismissed.\n- (a) under this Law as applied as a law of this jurisdiction; and\n- (b) under this Law as applied as a law of another jurisdiction,\n- (a) a breach of a civil penalty provision of this Law as applied as a law of this jurisdiction; and\n- (b) a breach of a civil penalty provision of this Law as applied as a law of another jurisdiction,\n- (a) criminal proceedings are commenced or have already been commenced against the person for an offence; and\n- (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the breach.","sortOrder":820},{"sectionNumber":"sch.2-sec.50","sectionType":"section","heading":"Aiding and abetting, attempts etc","content":"### sch.2-sec.50 Aiding and abetting, attempts etc\n\nA person who aids, abets, counsels or procures, or by act or omission is in any way directly or indirectly concerned in or a party to, the commission of an offence against this Law is taken to have committed that offence and is liable to the penalty for the offence.\nA person who attempts to commit an offence against this Law commits an offence and is punishable as if the attempted offence had been committed.\n(sch.2-sec.50-ssec.1) A person who aids, abets, counsels or procures, or by act or omission is in any way directly or indirectly concerned in or a party to, the commission of an offence against this Law is taken to have committed that offence and is liable to the penalty for the offence.\n(sch.2-sec.50-ssec.2) A person who attempts to commit an offence against this Law commits an offence and is punishable as if the attempted offence had been committed.","sortOrder":821},{"sectionNumber":"sch.2-pt.11","sectionType":"part","heading":"Instruments under this Law","content":"# Instruments under this Law","sortOrder":822},{"sectionNumber":"sch.2-sec.51","sectionType":"section","heading":"Schedule applies to statutory instruments","content":"### sch.2-sec.51 Schedule applies to statutory instruments\n\nThis Schedule applies to a statutory instrument, and to things that may be done or are required to be done under a statutory instrument, in the same way as it applies to this Law, and things that may be done or are required to be done under this Law, except so far as the context or subject matter otherwise indicates or requires.\nThe fact that a provision of this Schedule refers to this Law and not also to a statutory instrument does not, by itself, indicate that the provision is intended to apply only to this Law.\nIn this clause—\nstatutory instrument includes the Regulations, the rate of return instrument, the Rules or Procedures.\nsch 2 s 51 amd 2009 No. 46 (SA) s 14 ; 2018 No. 33 (SA) s 20 (2)\n(sch.2-sec.51-ssec.1) This Schedule applies to a statutory instrument, and to things that may be done or are required to be done under a statutory instrument, in the same way as it applies to this Law, and things that may be done or are required to be done under this Law, except so far as the context or subject matter otherwise indicates or requires.\n(sch.2-sec.51-ssec.2) The fact that a provision of this Schedule refers to this Law and not also to a statutory instrument does not, by itself, indicate that the provision is intended to apply only to this Law.\n(sch.2-sec.51-ssec.3) In this clause— statutory instrument includes the Regulations, the rate of return instrument, the Rules or Procedures.","sortOrder":823},{"sectionNumber":"sch.2-sec.51A","sectionType":"section","heading":"Rate of return instrument construed not to exceed the legislative power of the Legislature of this jurisdiction or the powers conferred by this Law","content":"### sch.2-sec.51A Rate of return instrument construed not to exceed the legislative power of the Legislature of this jurisdiction or the powers conferred by this Law\n\nA rate of return instrument is to be construed as operating to the full extent of, but so as not to exceed, the legislative power of the Legislature of this jurisdiction or the power conferred by this Law under which it is made.\nIf a provision of the rate of return instrument, or the application of a provision of the instrument to a person, subject matter or circumstance, would, but for this clause, be construed as being in excess of the legislative power of the Legislature of this jurisdiction or the power conferred by this Law under which it is made—\nit is a valid provision to the extent to which it is not in excess of the power; and\nthe remainder of the instrument, and the application of the provision to other persons, subject matters or circumstances, is not affected.\nsch 2 s 51A ins 2018 No. 33 (SA) s 20 (3)\n(sch.2-sec.51A-ssec.1) A rate of return instrument is to be construed as operating to the full extent of, but so as not to exceed, the legislative power of the Legislature of this jurisdiction or the power conferred by this Law under which it is made.\n(sch.2-sec.51A-ssec.2) If a provision of the rate of return instrument, or the application of a provision of the instrument to a person, subject matter or circumstance, would, but for this clause, be construed as being in excess of the legislative power of the Legislature of this jurisdiction or the power conferred by this Law under which it is made— it is a valid provision to the extent to which it is not in excess of the power; and the remainder of the instrument, and the application of the provision to other persons, subject matters or circumstances, is not affected.\n- (a) it is a valid provision to the extent to which it is not in excess of the power; and\n- (b) the remainder of the instrument, and the application of the provision to other persons, subject matters or circumstances, is not affected.","sortOrder":824},{"sectionNumber":"sch.2-sec.52","sectionType":"section","heading":"National Gas Rules to be construed so as not to exceed the legislative power of the Legislature of this jurisdiction or the powers conferred by this Law","content":"### sch.2-sec.52 National Gas Rules to be construed so as not to exceed the legislative power of the Legislature of this jurisdiction or the powers conferred by this Law\n\nThe National Gas Rules are to be construed as operating to the full extent of, but so as not to exceed, the legislative power of the Legislature of this jurisdiction or the power conferred by this Law under which they are made.\nIf a provision of the National Gas Rules, or the application of a provision of the National Gas Rules to a person, subject matter or circumstance, would, but for this clause, be construed as being in excess of the legislative power of the Legislature of this jurisdiction or the power conferred by this Law under which it is made—\nit is a valid provision to the extent to which it is not in excess of that power; and\nthe remainder of the National Gas Rules, and the application of the provision to other persons, subject matters, or circumstances, is not affected.\nWithout limiting subclause (2), the National Gas Rules are not to be construed as imposing any duty on the AER to perform a function or exercise a power if the imposition of the duty would be in excess of the legislative power of the Legislature of this jurisdiction.\nThe term function is defined in clause 10 to include “duty”.\nIn particular, if a provision of the National Gas Rules appears to impose a duty on a Commonwealth officer or body to perform a function or exercise a power, the duty is taken to be imposed by the provision to the extent to which imposing the duty—\nis within the legislative powers of this jurisdiction; and\nis consistent with the constitutional doctrines under the Constitution of the Commonwealth restricting the duties that may be imposed on a Commonwealth officer or body.\nTo avoid doubt, a provision of the National Gas Rules does not impose the duty on the Commonwealth officer or body to the extent to which imposing the duty would—\ncontravene any constitutional doctrine under the Constitution of the Commonwealth restricting the duties that may be imposed on a Commonwealth officer or body; or\notherwise exceed the legislative powers of this jurisdiction.\nIf imposing on the Commonwealth officer or body the duty to do that thing would—\ncontravene any constitutional doctrine restricting the duties that may be imposed on a Commonwealth officer or body; or\notherwise exceed the legislative powers of both the State and the Commonwealth,\nthe provision of the National Gas Rules is taken instead to confer on the Commonwealth officer or body a power to do that thing at the discretion of the Commonwealth officer or body (as the case may require).\nThis clause does not limit the effect that a provision of the National Gas Rules would validly have apart from this clause.\nsch 2 s 52 amd 2021 No. 3 (SA) s 54 (2)\n(sch.2-sec.52-ssec.1) The National Gas Rules are to be construed as operating to the full extent of, but so as not to exceed, the legislative power of the Legislature of this jurisdiction or the power conferred by this Law under which they are made.\n(sch.2-sec.52-ssec.2) If a provision of the National Gas Rules, or the application of a provision of the National Gas Rules to a person, subject matter or circumstance, would, but for this clause, be construed as being in excess of the legislative power of the Legislature of this jurisdiction or the power conferred by this Law under which it is made— it is a valid provision to the extent to which it is not in excess of that power; and the remainder of the National Gas Rules, and the application of the provision to other persons, subject matters, or circumstances, is not affected.\n(sch.2-sec.52-ssec.3) Without limiting subclause (2), the National Gas Rules are not to be construed as imposing any duty on the AER to perform a function or exercise a power if the imposition of the duty would be in excess of the legislative power of the Legislature of this jurisdiction. The term function is defined in clause 10 to include “duty”.\n(sch.2-sec.52-ssec.4) In particular, if a provision of the National Gas Rules appears to impose a duty on a Commonwealth officer or body to perform a function or exercise a power, the duty is taken to be imposed by the provision to the extent to which imposing the duty— is within the legislative powers of this jurisdiction; and is consistent with the constitutional doctrines under the Constitution of the Commonwealth restricting the duties that may be imposed on a Commonwealth officer or body.\n(sch.2-sec.52-ssec.4a) To avoid doubt, a provision of the National Gas Rules does not impose the duty on the Commonwealth officer or body to the extent to which imposing the duty would— contravene any constitutional doctrine under the Constitution of the Commonwealth restricting the duties that may be imposed on a Commonwealth officer or body; or otherwise exceed the legislative powers of this jurisdiction.\n(sch.2-sec.52-ssec.4b) If imposing on the Commonwealth officer or body the duty to do that thing would— contravene any constitutional doctrine restricting the duties that may be imposed on a Commonwealth officer or body; or otherwise exceed the legislative powers of both the State and the Commonwealth, the provision of the National Gas Rules is taken instead to confer on the Commonwealth officer or body a power to do that thing at the discretion of the Commonwealth officer or body (as the case may require).\n(sch.2-sec.52-ssec.5) This clause does not limit the effect that a provision of the National Gas Rules would validly have apart from this clause.\n- (a) it is a valid provision to the extent to which it is not in excess of that power; and\n- (b) the remainder of the National Gas Rules, and the application of the provision to other persons, subject matters, or circumstances, is not affected.\n- (a) is within the legislative powers of this jurisdiction; and\n- (b) is consistent with the constitutional doctrines under the Constitution of the Commonwealth restricting the duties that may be imposed on a Commonwealth officer or body.\n- (a) contravene any constitutional doctrine under the Constitution of the Commonwealth restricting the duties that may be imposed on a Commonwealth officer or body; or\n- (b) otherwise exceed the legislative powers of this jurisdiction.\n- (a) contravene any constitutional doctrine restricting the duties that may be imposed on a Commonwealth officer or body; or\n- (b) otherwise exceed the legislative powers of both the State and the Commonwealth,","sortOrder":825},{"sectionNumber":"sch.2-sec.53","sectionType":"section","heading":"Invalid Rules","content":"### sch.2-sec.53 Invalid Rules\n\nIf the Court orders (by declaration or otherwise) that a Rule is invalid, the order of the Court does not—\nrevive anything not in force or existing at the time of the order of the Court; or\naffect the previous operation of the Rule or anything suffered, done or begun under the Rule; or\naffect a right, privilege or liability acquired, accrued or incurred under the Rule; or\naffect a penalty arising because of a breach of the Rule; or\naffect an investigation, proceeding or remedy in relation to such a right, privilege, liability or penalty.\nA penalty may be imposed and enforced, and any such investigation, proceeding or remedy may be begun, continued or enforced as if the Rule had not been ordered by the Court as invalid.\n(sch.2-sec.53-ssec.1) If the Court orders (by declaration or otherwise) that a Rule is invalid, the order of the Court does not— revive anything not in force or existing at the time of the order of the Court; or affect the previous operation of the Rule or anything suffered, done or begun under the Rule; or affect a right, privilege or liability acquired, accrued or incurred under the Rule; or affect a penalty arising because of a breach of the Rule; or affect an investigation, proceeding or remedy in relation to such a right, privilege, liability or penalty.\n(sch.2-sec.53-ssec.2) A penalty may be imposed and enforced, and any such investigation, proceeding or remedy may be begun, continued or enforced as if the Rule had not been ordered by the Court as invalid.\n- (a) revive anything not in force or existing at the time of the order of the Court; or\n- (b) affect the previous operation of the Rule or anything suffered, done or begun under the Rule; or\n- (c) affect a right, privilege or liability acquired, accrued or incurred under the Rule; or\n- (d) affect a penalty arising because of a breach of the Rule; or\n- (e) affect an investigation, proceeding or remedy in relation to such a right, privilege, liability or penalty.","sortOrder":826},{"sectionNumber":"sch.2-sec.53A","sectionType":"section","heading":"Invalid rate of return instrument","content":"### sch.2-sec.53A Invalid rate of return instrument\n\nThis clause applies if the Court orders (by declaration or otherwise) that a rate of return instrument is invalid.\nThe AER must make a new rate of return instrument under this Law to replace the invalid instrument.\nUntil the invalid instrument is replaced, the rate of return on capital and the value of imputation credits under the invalid instrument continue to apply for the purposes of this Law.\nHowever, the AER must deal with any affected access arrangement decision to apply the new rate of return instrument to the decision as if the new instrument had applied from the start of the decision.\nSubclause (4) applies despite section 30Q (1) .\nIn this clause—\naffected access arrangement decision means an access arrangement decision to which the invalid instrument applied or continued to apply;\ndeal with , an affected access arrangement decision, means to do either of the following the AER considers appropriate in the circumstances—\nrevoke the decision and substitute a new decision;\nvary the decision.\nsch 2 s 53A ins 2018 No. 33 (SA) s 20 (4)\namd 2022 No. 21 (SA) s 89 (8)\n(sch.2-sec.53A-ssec.1) This clause applies if the Court orders (by declaration or otherwise) that a rate of return instrument is invalid.\n(sch.2-sec.53A-ssec.2) The AER must make a new rate of return instrument under this Law to replace the invalid instrument.\n(sch.2-sec.53A-ssec.3) Until the invalid instrument is replaced, the rate of return on capital and the value of imputation credits under the invalid instrument continue to apply for the purposes of this Law.\n(sch.2-sec.53A-ssec.4) However, the AER must deal with any affected access arrangement decision to apply the new rate of return instrument to the decision as if the new instrument had applied from the start of the decision.\n(sch.2-sec.53A-ssec.5) Subclause (4) applies despite section 30Q (1) .\n(sch.2-sec.53A-ssec.6) In this clause— affected access arrangement decision means an access arrangement decision to which the invalid instrument applied or continued to apply; deal with , an affected access arrangement decision, means to do either of the following the AER considers appropriate in the circumstances— revoke the decision and substitute a new decision; vary the decision.\n- (a) revoke the decision and substitute a new decision;\n- (b) vary the decision.","sortOrder":827},{"sectionNumber":"sch.3-pt.1","sectionType":"part","heading":"General","content":"# General","sortOrder":828},{"sectionNumber":"sch.3-sec.1","sectionType":"section","heading":"Definitions","content":"### sch.3-sec.1 Definitions\n\nIn this Schedule—\nbinding no-coverage determination has the same meaning as in section 13A of the old access law;\ncommencement day means the day on which section 20 of the new application Act comes into operation;\ncurrent access arrangement means an Access Arrangement as defined by section 10.8 of the Gas Code and in effect immediately before the commencement day;\nnew application Act means the National Gas (South Australia) Act 2008 of South Australia;\nold scheme coverage application means an application under section 1.3 of the Gas Code in respect of which a determination under section 1.13 of the Gas Code has not been made before the commencement day;\nold scheme coverage revocation application means an application under section 1.25 of the Gas Code in respect of which an old scheme coverage revocation determination has not been made before the commencement day;\nold scheme coverage determination means a determination of an old scheme relevant Minister under section 1.13 of the Gas Code—\nthat a pipeline is covered; and\nthat is in effect immediately before the commencement day;\nold scheme coverage revocation determination means a determination of an old scheme relevant Minister under section 1.34 of the Gas Code;\nold scheme covered pipeline means a covered pipeline within the meaning of section 10.8 of the Gas Code;\nold scheme limited access arrangement means a limited access arrangement (within the meaning of section 13A of the old access law)—\napproved under section 13U of that law; and\nin effect immediately before the commencement day;\nold scheme price regulation exemption means a price regulation exemption within the meaning of section 13A of the old access law;\nold scheme relevant Minister means a relevant Minister within the meaning of section 2 of the old access law;\npending old scheme coverage determination means a determination of an old scheme relevant Minister under section 1.13 of the Gas Code that a pipeline is covered that—\nhas not taken effect before the commencement day; but\nis intended to take effect on or after that day;\npending old scheme no-coverage determination means a determination of an old scheme relevant Minister under section 1.13 of the Gas Code that a pipeline is not covered that—\nhas not taken effect before the commencement day; but\nis intended to take effect on or after that day;\npending old scheme coverage non-revocation determination means a determination of an old scheme relevant Minister under section 1.34 of the Gas Code that coverage of a covered pipeline not be revoked that—\nhas not taken effect before the commencement day; but\nis intended to take effect on or after that day;\npending old scheme coverage revocation determination means a determination of an old scheme relevant Minister under section 1.34 of the Gas Code that coverage of a covered pipeline be revoked that—\nhas not taken effect before the commencement day; but\nis intended to take effect on or after that day;\nrelevant appeals body has the same meaning as in section 2 of the old access law;\ntransitioned access arrangement means—\na current access arrangement; or\nan access arrangement approved, or drafted and approved, in accordance with clause 28; or\na current access arrangement incorporating revisions approved, or approved and made, in accordance with clause 29.\nThe Regulations or the Rules may also contain provisions of an application, savings or transitional nature.\n- (a) that a pipeline is covered; and\n- (b) that is in effect immediately before the commencement day;\n- (a) approved under section 13U of that law; and\n- (b) in effect immediately before the commencement day;\n- (a) has not taken effect before the commencement day; but\n- (b) is intended to take effect on or after that day;\n- (a) has not taken effect before the commencement day; but\n- (b) is intended to take effect on or after that day;\n- (a) has not taken effect before the commencement day; but\n- (b) is intended to take effect on or after that day;\n- (a) has not taken effect before the commencement day; but\n- (b) is intended to take effect on or after that day;\n- (a) a current access arrangement; or\n- (b) an access arrangement approved, or drafted and approved, in accordance with clause 28; or\n- (c) a current access arrangement incorporating revisions approved, or approved and made, in accordance with clause 29.","sortOrder":829},{"sectionNumber":"sch.3-sec.1A","sectionType":"section","heading":"Words in particular provisions have meanings given by former section 2","content":"### sch.3-sec.1A Words in particular provisions have meanings given by former section 2\n\nWords defined under former section 2 and used in Parts 2 to 18 of this Schedule have, unless the context otherwise requires, the same meanings as they had under former section 2 .\nIn this section—\nformer section 2 means section 2 of the Law as in force immediately before the commencement of Part 19 .\nsch 3 s 1A ins 2022 No. 21 (SA) s 90 (1)\n(sch.3-sec.1A-ssec.1) Words defined under former section 2 and used in Parts 2 to 18 of this Schedule have, unless the context otherwise requires, the same meanings as they had under former section 2 .\n(sch.3-sec.1A-ssec.2) In this section— former section 2 means section 2 of the Law as in force immediately before the commencement of Part 19 .","sortOrder":830},{"sectionNumber":"sch.3-sec.2","sectionType":"section","heading":"Schedule subject to jurisdictional transitional arrangements in jurisdictional legislation","content":"### sch.3-sec.2 Schedule subject to jurisdictional transitional arrangements in jurisdictional legislation\n\nThis Schedule, and any Regulations or Rules of a savings and transitional nature, apply in this jurisdiction except to the extent provided by or under an Act of this jurisdiction (including an Act that applies this Law and the Regulations as a law of this jurisdiction).\nIn this clause—\nRegulations or Rules of a savings and transitional nature means Regulations or Rules that deal with matters of a savings or transitional nature relating to the transition from the application of provisions of the old access law and Gas Code to the application of provisions of this Law and the Rules.\n(sch.3-sec.2-ssec.1) This Schedule, and any Regulations or Rules of a savings and transitional nature, apply in this jurisdiction except to the extent provided by or under an Act of this jurisdiction (including an Act that applies this Law and the Regulations as a law of this jurisdiction).\n(sch.3-sec.2-ssec.2) In this clause— Regulations or Rules of a savings and transitional nature means Regulations or Rules that deal with matters of a savings or transitional nature relating to the transition from the application of provisions of the old access law and Gas Code to the application of provisions of this Law and the Rules.","sortOrder":831},{"sectionNumber":"sch.3-pt.2","sectionType":"part","heading":"General savings provision","content":"# General savings provision","sortOrder":832},{"sectionNumber":"sch.3-sec.3","sectionType":"section","heading":"Saving of operation of old access law and Gas Code","content":"### sch.3-sec.3 Saving of operation of old access law and Gas Code\n\nSubject to this Schedule, the Regulations and the Rules, the repeal of the old access law or Gas Code does not—\nrevive anything not in force or existing at the time the repeal takes effect; or\naffect the previous operation of the old access law or Gas Code or anything suffered, done or begun under or in accordance with the old access law or Gas Code; or\naffect a right, privilege or liability acquired, accrued or incurred under the old access law or Gas Code; or\naffect a penalty incurred in relation to—\nan offence arising under the old access law; or\na penalty incurred in relation to a breach of a provision of the old access law or Gas Code; or\naffect an investigation, proceeding or remedy in relation to such a right, privilege, liability or penalty.\nSubject to this Schedule, the Regulations and the Rules, any such penalty may be imposed and enforced, and any such investigation, proceeding or remedy may be begun, continued or enforced, as if the old access law or Gas Code had not been repealed.\n(sch.3-sec.3-ssec.1) Subject to this Schedule, the Regulations and the Rules, the repeal of the old access law or Gas Code does not— revive anything not in force or existing at the time the repeal takes effect; or affect the previous operation of the old access law or Gas Code or anything suffered, done or begun under or in accordance with the old access law or Gas Code; or affect a right, privilege or liability acquired, accrued or incurred under the old access law or Gas Code; or affect a penalty incurred in relation to— an offence arising under the old access law; or a penalty incurred in relation to a breach of a provision of the old access law or Gas Code; or affect an investigation, proceeding or remedy in relation to such a right, privilege, liability or penalty.\n(sch.3-sec.3-ssec.2) Subject to this Schedule, the Regulations and the Rules, any such penalty may be imposed and enforced, and any such investigation, proceeding or remedy may be begun, continued or enforced, as if the old access law or Gas Code had not been repealed.\n- (a) revive anything not in force or existing at the time the repeal takes effect; or\n- (b) affect the previous operation of the old access law or Gas Code or anything suffered, done or begun under or in accordance with the old access law or Gas Code; or\n- (c) affect a right, privilege or liability acquired, accrued or incurred under the old access law or Gas Code; or\n- (d) affect a penalty incurred in relation to— (i) an offence arising under the old access law; or (ii) a penalty incurred in relation to a breach of a provision of the old access law or Gas Code; or\n- (i) an offence arising under the old access law; or\n- (ii) a penalty incurred in relation to a breach of a provision of the old access law or Gas Code; or\n- (e) affect an investigation, proceeding or remedy in relation to such a right, privilege, liability or penalty.\n- (i) an offence arising under the old access law; or\n- (ii) a penalty incurred in relation to a breach of a provision of the old access law or Gas Code; or","sortOrder":833},{"sectionNumber":"sch.3-pt.3","sectionType":"part","heading":"Classification and coverage of pipelines","content":"# Classification and coverage of pipelines","sortOrder":834},{"sectionNumber":"sch.3-sec.4","sectionType":"section","heading":"Pending applications for the classification of pipelines lapse","content":"### sch.3-sec.4 Pending applications for the classification of pipelines lapse\n\nOn the commencement day, every application under section 10 of the old access law in respect of which a decision has not been made under section 10 or 11 of that law immediately before that day, lapses.","sortOrder":835},{"sectionNumber":"sch.3-sec.5","sectionType":"section","heading":"Old scheme coverage determinations","content":"### sch.3-sec.5 Old scheme coverage determinations\n\nOn the commencement day, an old scheme coverage determination is deemed to be a coverage determination.","sortOrder":836},{"sectionNumber":"sch.3-sec.6","sectionType":"section","heading":"Old scheme covered transmission pipelines","content":"### sch.3-sec.6 Old scheme covered transmission pipelines\n\nOn the commencement day, an old scheme covered pipeline that is a transmission pipeline (within the meaning of section 2 of the old access law) is deemed to be a covered pipeline that is a transmission pipeline.","sortOrder":837},{"sectionNumber":"sch.3-sec.7","sectionType":"section","heading":"Old scheme covered distribution pipelines","content":"### sch.3-sec.7 Old scheme covered distribution pipelines\n\nOn the commencement day, an old scheme covered pipeline that is a distribution pipeline (within the meaning of section 2 of the old access law) is deemed to be a covered pipeline that is a distribution pipeline.","sortOrder":838},{"sectionNumber":"sch.3-sec.8","sectionType":"section","heading":"Pending coverage applications under old scheme (before NCC recommendation)","content":"### sch.3-sec.8 Pending coverage applications under old scheme (before NCC recommendation)\n\nThis clause applies if—\nthere is an old scheme coverage application; and\nthe NCC has not made a recommendation in respect of that application under section 1.9 of the Gas Code before the commencement day.\nOn and after the commencement day, the NCC must, despite the repeal of the Gas Code, continue to take action in relation to the application as required under the Gas Code (including making a recommendation under section 1.7 of the Gas Code and submitting it to the relevant old scheme relevant Minister under that section) as if the old access law and Gas Code continued to apply.\n(sch.3-sec.8-ssec.1) This clause applies if— there is an old scheme coverage application; and the NCC has not made a recommendation in respect of that application under section 1.9 of the Gas Code before the commencement day.\n(sch.3-sec.8-ssec.2) On and after the commencement day, the NCC must, despite the repeal of the Gas Code, continue to take action in relation to the application as required under the Gas Code (including making a recommendation under section 1.7 of the Gas Code and submitting it to the relevant old scheme relevant Minister under that section) as if the old access law and Gas Code continued to apply.\n- (a) there is an old scheme coverage application; and\n- (b) the NCC has not made a recommendation in respect of that application under section 1.9 of the Gas Code before the commencement day.","sortOrder":839},{"sectionNumber":"sch.3-sec.9","sectionType":"section","heading":"Pending relevant Minister decisions in relation to coverage under old scheme","content":"### sch.3-sec.9 Pending relevant Minister decisions in relation to coverage under old scheme\n\nThis clause applies if—\nan old scheme relevant Minister has received a recommendation of the NCC under section 1.7 of the Gas Code before the commencement day but the old scheme relevant Minister has not made a determination under section 1.13 of the Gas Code in relation to that recommendation before that day; or\nan old scheme relevant Minister receives a recommendation of the NCC as provided for under clause 8 on or after the commencement day.\nOn and after the commencement day, the old scheme relevant Minister must, despite the repeal of the old access law and Gas Code, make a determination under section 1.13 of the Gas Code in relation to that recommendation as if the old access law and Gas Code continued to apply.\nA determination made in accordance with subclause (2) is deemed to be, on the relevant transition date—\nif the determination is that the pipeline is covered—a coverage determination;\nif the determination is that the pipeline is not covered—a decision not to make a coverage determination under section 99.\nIn this clause—\nrelevant transition date means, if an application is not made under section 38 of the old access law for a review of the determination within the time specified by that section—the day after the last day an application could have been made under that section.\n(sch.3-sec.9-ssec.1) This clause applies if— an old scheme relevant Minister has received a recommendation of the NCC under section 1.7 of the Gas Code before the commencement day but the old scheme relevant Minister has not made a determination under section 1.13 of the Gas Code in relation to that recommendation before that day; or an old scheme relevant Minister receives a recommendation of the NCC as provided for under clause 8 on or after the commencement day.\n(sch.3-sec.9-ssec.2) On and after the commencement day, the old scheme relevant Minister must, despite the repeal of the old access law and Gas Code, make a determination under section 1.13 of the Gas Code in relation to that recommendation as if the old access law and Gas Code continued to apply.\n(sch.3-sec.9-ssec.3) A determination made in accordance with subclause (2) is deemed to be, on the relevant transition date— if the determination is that the pipeline is covered—a coverage determination; if the determination is that the pipeline is not covered—a decision not to make a coverage determination under section 99.\n(sch.3-sec.9-ssec.4) In this clause— relevant transition date means, if an application is not made under section 38 of the old access law for a review of the determination within the time specified by that section—the day after the last day an application could have been made under that section.\n- (a) an old scheme relevant Minister has received a recommendation of the NCC under section 1.7 of the Gas Code before the commencement day but the old scheme relevant Minister has not made a determination under section 1.13 of the Gas Code in relation to that recommendation before that day; or\n- (b) an old scheme relevant Minister receives a recommendation of the NCC as provided for under clause 8 on or after the commencement day.\n- (a) if the determination is that the pipeline is covered—a coverage determination;\n- (b) if the determination is that the pipeline is not covered—a decision not to make a coverage determination under section 99.","sortOrder":840},{"sectionNumber":"sch.3-sec.10","sectionType":"section","heading":"Pending relevant Minister decisions in relation to coverage that are reviewed under old scheme","content":"### sch.3-sec.10 Pending relevant Minister decisions in relation to coverage that are reviewed under old scheme\n\nThis clause applies if—\nan old scheme relevant Minister makes a determination under section 1.13 of the Gas Code in accordance with clause 9; and\nan application is made under section 38 of the old access law for a review of the determination of the old scheme relevant Minister.\nIf on the review the relevant appeals body refuses to review the determination in accordance with section 38 (11) of the old access law, the determination of the old scheme relevant Minister is deemed to be, on the day the determination of the relevant appeals body takes effect—\nif the determination is that the pipeline is covered—a coverage determination;\nif the determination is that the pipeline is not covered—a decision not to make a coverage determination under section 99.\nIf on the review the relevant appeals body makes a determination under section 38 of the old access law affirming or varying the determination of the old scheme relevant Minister, that determination (as affirmed or varied) is deemed to be, on the day the order of the relevant appeals body affirming or varying that determination takes effect—\nif the effect of that determination is that the pipeline is covered—a coverage determination;\nif the effect of that determination is that the pipeline is not covered—a decision not to make a coverage determination under section 99.\nIf on the review the relevant appeals body makes a determination under section 38 of the old access law that sets aside the determination of the old scheme relevant Minister and remits the matter to the old scheme relevant Minister for the Minister to make a determination again in respect of the matter, the Minister must make a determination under clause 9.\nIf on the review the relevant appeals body makes a determination under section 38 of the old access law that sets aside the determination of the old scheme relevant Minister and that is to operate in place of the determination of the old scheme relevant Minister, the determination of the relevant appeals body is deemed to be, on the day that determination takes effect—\nif that determination is that the pipeline is covered—a coverage determination;\nif that determination is that the pipeline is not covered—a decision not to make a coverage determination under section 99.\n(sch.3-sec.10-ssec.1) This clause applies if— an old scheme relevant Minister makes a determination under section 1.13 of the Gas Code in accordance with clause 9; and an application is made under section 38 of the old access law for a review of the determination of the old scheme relevant Minister.\n(sch.3-sec.10-ssec.2) If on the review the relevant appeals body refuses to review the determination in accordance with section 38 (11) of the old access law, the determination of the old scheme relevant Minister is deemed to be, on the day the determination of the relevant appeals body takes effect— if the determination is that the pipeline is covered—a coverage determination; if the determination is that the pipeline is not covered—a decision not to make a coverage determination under section 99.\n(sch.3-sec.10-ssec.3) If on the review the relevant appeals body makes a determination under section 38 of the old access law affirming or varying the determination of the old scheme relevant Minister, that determination (as affirmed or varied) is deemed to be, on the day the order of the relevant appeals body affirming or varying that determination takes effect— if the effect of that determination is that the pipeline is covered—a coverage determination; if the effect of that determination is that the pipeline is not covered—a decision not to make a coverage determination under section 99.\n(sch.3-sec.10-ssec.4) If on the review the relevant appeals body makes a determination under section 38 of the old access law that sets aside the determination of the old scheme relevant Minister and remits the matter to the old scheme relevant Minister for the Minister to make a determination again in respect of the matter, the Minister must make a determination under clause 9.\n(sch.3-sec.10-ssec.5) If on the review the relevant appeals body makes a determination under section 38 of the old access law that sets aside the determination of the old scheme relevant Minister and that is to operate in place of the determination of the old scheme relevant Minister, the determination of the relevant appeals body is deemed to be, on the day that determination takes effect— if that determination is that the pipeline is covered—a coverage determination; if that determination is that the pipeline is not covered—a decision not to make a coverage determination under section 99.\n- (a) an old scheme relevant Minister makes a determination under section 1.13 of the Gas Code in accordance with clause 9; and\n- (b) an application is made under section 38 of the old access law for a review of the determination of the old scheme relevant Minister.\n- (a) if the determination is that the pipeline is covered—a coverage determination;\n- (b) if the determination is that the pipeline is not covered—a decision not to make a coverage determination under section 99.\n- (a) if the effect of that determination is that the pipeline is covered—a coverage determination;\n- (b) if the effect of that determination is that the pipeline is not covered—a decision not to make a coverage determination under section 99.\n- (a) if that determination is that the pipeline is covered—a coverage determination;\n- (b) if that determination is that the pipeline is not covered—a decision not to make a coverage determination under section 99.","sortOrder":841},{"sectionNumber":"sch.3-sec.11","sectionType":"section","heading":"Pending old scheme coverage determinations where no applications for review under old scheme","content":"### sch.3-sec.11 Pending old scheme coverage determinations where no applications for review under old scheme\n\nThis clause applies if—\nthere is a pending old scheme coverage determination; and\nan application has not been made under section 38 of the old access law for a review of the determination within the time provided for under that section (whether or not that time expires on or after the commencement day).\nThe pending old scheme coverage determination is deemed to be a coverage determination on the day after the last day an application could have been made under section 38 of the old access law.\n(sch.3-sec.11-ssec.1) This clause applies if— there is a pending old scheme coverage determination; and an application has not been made under section 38 of the old access law for a review of the determination within the time provided for under that section (whether or not that time expires on or after the commencement day).\n(sch.3-sec.11-ssec.2) The pending old scheme coverage determination is deemed to be a coverage determination on the day after the last day an application could have been made under section 38 of the old access law.\n- (a) there is a pending old scheme coverage determination; and\n- (b) an application has not been made under section 38 of the old access law for a review of the determination within the time provided for under that section (whether or not that time expires on or after the commencement day).","sortOrder":842},{"sectionNumber":"sch.3-sec.12","sectionType":"section","heading":"Pending old scheme coverage determinations where applications for review under old scheme on foot","content":"### sch.3-sec.12 Pending old scheme coverage determinations where applications for review under old scheme on foot\n\nThis clause applies if—\nthere is a pending old scheme coverage determination; and\nan application has been made under section 38 of the old access law for a review of the determination before the commencement day.\nIf on the review the relevant appeals body refuses to review the determination in accordance with section 38 (11) of the old access law, the pending old scheme coverage determination is deemed to be a coverage determination on the day on which the determination of the relevant appeals body takes effect.\nIf on the review the relevant appeals body makes a determination affirming or varying the pending old scheme coverage determination, that determination (as affirmed or varied) is deemed to be a coverage determination on the day on which the order of the relevant appeals body affirming or varying that determination takes effect.\nIf on the review the relevant appeals body makes a determination that sets aside the pending old scheme coverage determination and remits the matter to the old scheme relevant Minister for the Minister to make a determination again in respect of the matter, the old scheme relevant Minister must make a determination under section 1.13 of the Gas Code as if the Gas Code continued to apply.\nIf on the review the relevant appeals body makes a determination that sets aside the pending old scheme coverage determination and that is to operate in place of the pending old scheme coverage determination, the determination of the relevant appeals body is deemed to be, on the day that determination takes effect—\nif that determination is that the pipeline is covered—a coverage determination;\nif that determination is that the pipeline is not covered—a decision not to make a coverage determination under section 99.\n(sch.3-sec.12-ssec.1) This clause applies if— there is a pending old scheme coverage determination; and an application has been made under section 38 of the old access law for a review of the determination before the commencement day.\n(sch.3-sec.12-ssec.2) If on the review the relevant appeals body refuses to review the determination in accordance with section 38 (11) of the old access law, the pending old scheme coverage determination is deemed to be a coverage determination on the day on which the determination of the relevant appeals body takes effect.\n(sch.3-sec.12-ssec.3) If on the review the relevant appeals body makes a determination affirming or varying the pending old scheme coverage determination, that determination (as affirmed or varied) is deemed to be a coverage determination on the day on which the order of the relevant appeals body affirming or varying that determination takes effect.\n(sch.3-sec.12-ssec.4) If on the review the relevant appeals body makes a determination that sets aside the pending old scheme coverage determination and remits the matter to the old scheme relevant Minister for the Minister to make a determination again in respect of the matter, the old scheme relevant Minister must make a determination under section 1.13 of the Gas Code as if the Gas Code continued to apply.\n(sch.3-sec.12-ssec.5) If on the review the relevant appeals body makes a determination that sets aside the pending old scheme coverage determination and that is to operate in place of the pending old scheme coverage determination, the determination of the relevant appeals body is deemed to be, on the day that determination takes effect— if that determination is that the pipeline is covered—a coverage determination; if that determination is that the pipeline is not covered—a decision not to make a coverage determination under section 99.\n- (a) there is a pending old scheme coverage determination; and\n- (b) an application has been made under section 38 of the old access law for a review of the determination before the commencement day.\n- (a) if that determination is that the pipeline is covered—a coverage determination;\n- (b) if that determination is that the pipeline is not covered—a decision not to make a coverage determination under section 99.","sortOrder":843},{"sectionNumber":"sch.3-sec.13","sectionType":"section","heading":"Pending old scheme no-coverage determinations where no applications for review under old scheme","content":"### sch.3-sec.13 Pending old scheme no-coverage determinations where no applications for review under old scheme\n\nThis clause applies if—\nthere is a pending old scheme no-coverage determination; and\nan application has not been made under section 38 of the old access law for a review of the determination within the time provided for under that section (whether or not that time expires on or after the commencement day).\nThe pending old scheme no-coverage determination is deemed to be a decision not to make a coverage determination under section 93 on the day after the last day an application could have been made under section 38 of the old access law.\n(sch.3-sec.13-ssec.1) This clause applies if— there is a pending old scheme no-coverage determination; and an application has not been made under section 38 of the old access law for a review of the determination within the time provided for under that section (whether or not that time expires on or after the commencement day).\n(sch.3-sec.13-ssec.2) The pending old scheme no-coverage determination is deemed to be a decision not to make a coverage determination under section 93 on the day after the last day an application could have been made under section 38 of the old access law.\n- (a) there is a pending old scheme no-coverage determination; and\n- (b) an application has not been made under section 38 of the old access law for a review of the determination within the time provided for under that section (whether or not that time expires on or after the commencement day).","sortOrder":844},{"sectionNumber":"sch.3-sec.14","sectionType":"section","heading":"Pending old scheme no-coverage determinations where applications for review under old scheme on foot","content":"### sch.3-sec.14 Pending old scheme no-coverage determinations where applications for review under old scheme on foot\n\nThis clause applies if—\nthere is a pending old scheme no-coverage determination; and\nan application has been made under section 38 of the old access law for a review of the determination before the commencement day.\nIf on the review the relevant appeals body refuses to review the determination in accordance with section 38 (11) of the old access law, the pending old scheme no-coverage determination is deemed to be a decision not to make a coverage determination under section 99 on the day on which the determination of the relevant appeals body takes effect.\nIf on the review the relevant appeals body makes a determination affirming or varying the pending old scheme no-coverage determination, that determination (as affirmed or varied) is deemed to be a decision not to make a coverage determination under section 99 on the day on which the order of the relevant appeals body affirming or varying that determination takes effect.\nIf on the review the relevant appeals body makes a determination that sets aside the pending old scheme no-coverage determination and remits the matter to the old scheme relevant Minister for the Minister to make a determination again in respect of the matter, the old scheme relevant Minister must make a determination under section 1.13 of the Gas Code as if the Gas Code continued to apply.\nIf on the review the relevant appeals body makes a determination that sets aside the pending old scheme coverage determination and that is to operate in place of the pending old scheme coverage determination, the determination of the relevant appeals body is deemed to be, on the day that determination takes effect—\nif that determination is that the pipeline is covered—a coverage determination;\nif that determination is that the pipeline is not covered—a decision not to make a coverage determination under section 99.\n(sch.3-sec.14-ssec.1) This clause applies if— there is a pending old scheme no-coverage determination; and an application has been made under section 38 of the old access law for a review of the determination before the commencement day.\n(sch.3-sec.14-ssec.2) If on the review the relevant appeals body refuses to review the determination in accordance with section 38 (11) of the old access law, the pending old scheme no-coverage determination is deemed to be a decision not to make a coverage determination under section 99 on the day on which the determination of the relevant appeals body takes effect.\n(sch.3-sec.14-ssec.3) If on the review the relevant appeals body makes a determination affirming or varying the pending old scheme no-coverage determination, that determination (as affirmed or varied) is deemed to be a decision not to make a coverage determination under section 99 on the day on which the order of the relevant appeals body affirming or varying that determination takes effect.\n(sch.3-sec.14-ssec.4) If on the review the relevant appeals body makes a determination that sets aside the pending old scheme no-coverage determination and remits the matter to the old scheme relevant Minister for the Minister to make a determination again in respect of the matter, the old scheme relevant Minister must make a determination under section 1.13 of the Gas Code as if the Gas Code continued to apply.\n(sch.3-sec.14-ssec.5) If on the review the relevant appeals body makes a determination that sets aside the pending old scheme coverage determination and that is to operate in place of the pending old scheme coverage determination, the determination of the relevant appeals body is deemed to be, on the day that determination takes effect— if that determination is that the pipeline is covered—a coverage determination; if that determination is that the pipeline is not covered—a decision not to make a coverage determination under section 99.\n- (a there is a pending old scheme no-coverage determination; and\n- (b) an application has been made under section 38 of the old access law for a review of the determination before the commencement day.\n- (a) if that determination is that the pipeline is covered—a coverage determination;\n- (b) if that determination is that the pipeline is not covered—a decision not to make a coverage determination under section 99.","sortOrder":845},{"sectionNumber":"sch.3-sec.15","sectionType":"section","heading":"Pending coverage revocation applications under old scheme (before NCC recommendation)","content":"### sch.3-sec.15 Pending coverage revocation applications under old scheme (before NCC recommendation)\n\nThis clause applies if—\nthere is an old scheme coverage revocation application; and\nthe NCC has not made a recommendation in respect of that application under section 1.28 of the Gas Code before the commencement day.\nOn and after the commencement day, the NCC must, despite the repeal of the Gas Code, continue to take action in relation to the application as required under the Gas Code (including making a recommendation under section 1.29 of the Gas Code and submitting it to the relevant old scheme relevant Minister under that section) as if the old access law and Gas Code continued to apply.\n(sch.3-sec.15-ssec.1) This clause applies if— there is an old scheme coverage revocation application; and the NCC has not made a recommendation in respect of that application under section 1.28 of the Gas Code before the commencement day.\n(sch.3-sec.15-ssec.2) On and after the commencement day, the NCC must, despite the repeal of the Gas Code, continue to take action in relation to the application as required under the Gas Code (including making a recommendation under section 1.29 of the Gas Code and submitting it to the relevant old scheme relevant Minister under that section) as if the old access law and Gas Code continued to apply.\n- (a) there is an old scheme coverage revocation application; and\n- (b) the NCC has not made a recommendation in respect of that application under section 1.28 of the Gas Code before the commencement day.","sortOrder":846},{"sectionNumber":"sch.3-sec.16","sectionType":"section","heading":"Pending relevant Minister decisions in relation to coverage revocation under old scheme","content":"### sch.3-sec.16 Pending relevant Minister decisions in relation to coverage revocation under old scheme\n\nThis clause applies if—\nan old scheme relevant Minister has received a recommendation of the NCC under section 1.29 of the Gas Code before the commencement day but the old scheme relevant Minister has not made a determination under section 1.34 of the Gas Code in relation to that recommendation before that day; or\nan old scheme relevant Minister receives a recommendation of the NCC as provided for under clause 15 after the commencement day.\nOn and after the commencement day, the old scheme relevant Minister must, despite the repeal of the old access law or Gas Code, make a determination under section 1.34 of the Gas Code in relation to that recommendation as if the old access law and Gas Code continued to apply.\nA determination made in accordance with subclause (2) is deemed to be, on the relevant transition date—\nif the determination is that coverage of the covered pipeline is revoked—a coverage revocation determination;\nif the determination is that coverage of the covered pipeline is not revoked—a decision not to make a coverage revocation determination under section 106.\nIn this clause—\nrelevant transition date means, if an application is not made under section 38 of the old access law for a review of the determination within the time specified by that section—the day after the last day an application could have been made under that section.\n(sch.3-sec.16-ssec.1) This clause applies if— an old scheme relevant Minister has received a recommendation of the NCC under section 1.29 of the Gas Code before the commencement day but the old scheme relevant Minister has not made a determination under section 1.34 of the Gas Code in relation to that recommendation before that day; or an old scheme relevant Minister receives a recommendation of the NCC as provided for under clause 15 after the commencement day.\n(sch.3-sec.16-ssec.2) On and after the commencement day, the old scheme relevant Minister must, despite the repeal of the old access law or Gas Code, make a determination under section 1.34 of the Gas Code in relation to that recommendation as if the old access law and Gas Code continued to apply.\n(sch.3-sec.16-ssec.3) A determination made in accordance with subclause (2) is deemed to be, on the relevant transition date— if the determination is that coverage of the covered pipeline is revoked—a coverage revocation determination; if the determination is that coverage of the covered pipeline is not revoked—a decision not to make a coverage revocation determination under section 106.\n(sch.3-sec.16-ssec.4) In this clause— relevant transition date means, if an application is not made under section 38 of the old access law for a review of the determination within the time specified by that section—the day after the last day an application could have been made under that section.\n- (a) an old scheme relevant Minister has received a recommendation of the NCC under section 1.29 of the Gas Code before the commencement day but the old scheme relevant Minister has not made a determination under section 1.34 of the Gas Code in relation to that recommendation before that day; or\n- (b) an old scheme relevant Minister receives a recommendation of the NCC as provided for under clause 15 after the commencement day.\n- (a) if the determination is that coverage of the covered pipeline is revoked—a coverage revocation determination;\n- (b) if the determination is that coverage of the covered pipeline is not revoked—a decision not to make a coverage revocation determination under section 106.","sortOrder":847},{"sectionNumber":"sch.3-sec.17","sectionType":"section","heading":"Pending relevant Minister decisions in relation to coverage revocation that are reviewed under old scheme","content":"### sch.3-sec.17 Pending relevant Minister decisions in relation to coverage revocation that are reviewed under old scheme\n\nThis clause applies if—\nan old scheme relevant Minister makes a determination under section 1.34 of the Gas Code in accordance with clause 16; and\nan application is made under section 38 of the old access law for a review of the determination of the old scheme relevant Minister.\nIf on the review the relevant appeals body refuses to review the determination in accordance with section 38 (11) of the old access law, the determination of the old scheme relevant Minister is deemed to be, on the day the determination of the relevant appeals body takes effect—\nif the determination is that coverage of the covered pipeline is revoked—a coverage revocation determination;\nif the determination is that coverage of the covered pipeline is not revoked—a decision not to make a coverage revocation determination under section 106.\nIf on the review the relevant appeals body makes a determination under section 38 of the old access law affirming or varying the determination of the old scheme relevant Minister, that determination (as affirmed or varied) is deemed to be, on the day the order of the relevant appeals body affirming or varying that determination takes effect—\nif the effect of that determination is that coverage of the covered pipeline is revoked—a coverage revocation determination;\nif the effect of that determination is that coverage of the covered pipeline is not revoked—a decision not to make a coverage revocation determination under section 106.\nIf on the review the relevant appeals body makes a determination under section 38 of the old access law that sets aside the determination of the old scheme relevant Minister and remits the matter to the old scheme relevant Minister for the Minister to make a determination again in respect of the matter, the Minister must make a determination under clause 16.\nIf on the review the relevant appeals body makes a determination under section 38 of the old access law that sets aside the determination of the old scheme relevant Minister and that is to operate in place of the determination of the old scheme relevant Minister, the determination of the relevant appeals body is deemed to be, on the day that determination takes effect—\nif that determination is that coverage of the covered pipeline is revoked—a coverage revocation determination;\nif that determination is that coverage of the covered pipeline is not revoked—a decision not to make a coverage revocation determination under section 106.\n(sch.3-sec.17-ssec.1) This clause applies if— an old scheme relevant Minister makes a determination under section 1.34 of the Gas Code in accordance with clause 16; and an application is made under section 38 of the old access law for a review of the determination of the old scheme relevant Minister.\n(sch.3-sec.17-ssec.2) If on the review the relevant appeals body refuses to review the determination in accordance with section 38 (11) of the old access law, the determination of the old scheme relevant Minister is deemed to be, on the day the determination of the relevant appeals body takes effect— if the determination is that coverage of the covered pipeline is revoked—a coverage revocation determination; if the determination is that coverage of the covered pipeline is not revoked—a decision not to make a coverage revocation determination under section 106.\n(sch.3-sec.17-ssec.3) If on the review the relevant appeals body makes a determination under section 38 of the old access law affirming or varying the determination of the old scheme relevant Minister, that determination (as affirmed or varied) is deemed to be, on the day the order of the relevant appeals body affirming or varying that determination takes effect— if the effect of that determination is that coverage of the covered pipeline is revoked—a coverage revocation determination; if the effect of that determination is that coverage of the covered pipeline is not revoked—a decision not to make a coverage revocation determination under section 106.\n(sch.3-sec.17-ssec.4) If on the review the relevant appeals body makes a determination under section 38 of the old access law that sets aside the determination of the old scheme relevant Minister and remits the matter to the old scheme relevant Minister for the Minister to make a determination again in respect of the matter, the Minister must make a determination under clause 16.\n(sch.3-sec.17-ssec.5) If on the review the relevant appeals body makes a determination under section 38 of the old access law that sets aside the determination of the old scheme relevant Minister and that is to operate in place of the determination of the old scheme relevant Minister, the determination of the relevant appeals body is deemed to be, on the day that determination takes effect— if that determination is that coverage of the covered pipeline is revoked—a coverage revocation determination; if that determination is that coverage of the covered pipeline is not revoked—a decision not to make a coverage revocation determination under section 106.\n- (a) an old scheme relevant Minister makes a determination under section 1.34 of the Gas Code in accordance with clause 16; and\n- (b) an application is made under section 38 of the old access law for a review of the determination of the old scheme relevant Minister.\n- (a) if the determination is that coverage of the covered pipeline is revoked—a coverage revocation determination;\n- (b) if the determination is that coverage of the covered pipeline is not revoked—a decision not to make a coverage revocation determination under section 106.\n- (a) if the effect of that determination is that coverage of the covered pipeline is revoked—a coverage revocation determination;\n- (b) if the effect of that determination is that coverage of the covered pipeline is not revoked—a decision not to make a coverage revocation determination under section 106.\n- (a) if that determination is that coverage of the covered pipeline is revoked—a coverage revocation determination;\n- (b) if that determination is that coverage of the covered pipeline is not revoked—a decision not to make a coverage revocation determination under section 106.","sortOrder":848},{"sectionNumber":"sch.3-sec.18","sectionType":"section","heading":"Pending old scheme coverage revocation determinations where no applications for review under old scheme","content":"### sch.3-sec.18 Pending old scheme coverage revocation determinations where no applications for review under old scheme\n\nThis clause applies if—\nthere is a pending old scheme coverage revocation determination; and\nan application has not been made under section 38 of the old access law for a review of the determination within the time provided for under that section (whether or not that time expires on or after the commencement day).\nThe pending old scheme coverage revocation determination is deemed to be coverage revocation determination on the day after the last day an application could have been made under section 38 of the old access law.\n(sch.3-sec.18-ssec.1) This clause applies if— there is a pending old scheme coverage revocation determination; and an application has not been made under section 38 of the old access law for a review of the determination within the time provided for under that section (whether or not that time expires on or after the commencement day).\n(sch.3-sec.18-ssec.2) The pending old scheme coverage revocation determination is deemed to be coverage revocation determination on the day after the last day an application could have been made under section 38 of the old access law.\n- (a) there is a pending old scheme coverage revocation determination; and\n- (b) an application has not been made under section 38 of the old access law for a review of the determination within the time provided for under that section (whether or not that time expires on or after the commencement day).","sortOrder":849},{"sectionNumber":"sch.3-sec.19","sectionType":"section","heading":"Pending old scheme coverage revocation determinations where applications for review under old scheme on foot","content":"### sch.3-sec.19 Pending old scheme coverage revocation determinations where applications for review under old scheme on foot\n\nThis clause applies if—\nthere is a pending old scheme coverage revocation determination; and\nan application has been made under section 38 of the old access law for a review of the determination before the commencement day.\nIf on the review the relevant appeals body refuses to review the determination in accordance with section 38 (11) of the old access law, the pending old scheme coverage revocation determination is deemed to be a coverage revocation determination on the day on which the determination of the relevant appeals body takes effect.\nIf on the review the relevant appeals body makes a determination affirming or varying the pending old scheme coverage revocation determination, that determination (as affirmed or varied) is deemed to be a coverage revocation determination on the day on which the order of the relevant appeals body affirming or varying that determination takes effect.\nIf on the review the relevant appeals body makes a determination that sets aside the pending old scheme coverage revocation determination and remits the matter to the old scheme relevant Minister for the Minister to make a determination again in respect of the matter, the old scheme relevant Minister must make a determination under section 1.34 of the Gas Code as if the Gas Code continued to apply.\nIf on the review the relevant appeals body makes a determination that sets aside the pending old scheme revocation coverage determination and that is to operate in place of the pending old scheme revocation coverage determination, the determination of the relevant appeals body is deemed to be, on the day that determination takes effect—\nif that determination is that coverage of the covered pipeline is revoked—a coverage revocation determination;\nif that determination is that coverage of the covered pipeline is not revoked—a decision not to make a coverage revocation determination under section 106.\n(sch.3-sec.19-ssec.1) This clause applies if— there is a pending old scheme coverage revocation determination; and an application has been made under section 38 of the old access law for a review of the determination before the commencement day.\n(sch.3-sec.19-ssec.2) If on the review the relevant appeals body refuses to review the determination in accordance with section 38 (11) of the old access law, the pending old scheme coverage revocation determination is deemed to be a coverage revocation determination on the day on which the determination of the relevant appeals body takes effect.\n(sch.3-sec.19-ssec.3) If on the review the relevant appeals body makes a determination affirming or varying the pending old scheme coverage revocation determination, that determination (as affirmed or varied) is deemed to be a coverage revocation determination on the day on which the order of the relevant appeals body affirming or varying that determination takes effect.\n(sch.3-sec.19-ssec.4) If on the review the relevant appeals body makes a determination that sets aside the pending old scheme coverage revocation determination and remits the matter to the old scheme relevant Minister for the Minister to make a determination again in respect of the matter, the old scheme relevant Minister must make a determination under section 1.34 of the Gas Code as if the Gas Code continued to apply.\n(sch.3-sec.19-ssec.5) If on the review the relevant appeals body makes a determination that sets aside the pending old scheme revocation coverage determination and that is to operate in place of the pending old scheme revocation coverage determination, the determination of the relevant appeals body is deemed to be, on the day that determination takes effect— if that determination is that coverage of the covered pipeline is revoked—a coverage revocation determination; if that determination is that coverage of the covered pipeline is not revoked—a decision not to make a coverage revocation determination under section 106.\n- (a) there is a pending old scheme coverage revocation determination; and\n- (b) an application has been made under section 38 of the old access law for a review of the determination before the commencement day.\n- (a) if that determination is that coverage of the covered pipeline is revoked—a coverage revocation determination;\n- (b) if that determination is that coverage of the covered pipeline is not revoked—a decision not to make a coverage revocation determination under section 106.","sortOrder":850},{"sectionNumber":"sch.3-sec.20","sectionType":"section","heading":"Pending old scheme coverage non-revocation determinations where no applications for review under old scheme","content":"### sch.3-sec.20 Pending old scheme coverage non-revocation determinations where no applications for review under old scheme\n\nThis clause applies if—\nthere is a pending old scheme coverage non-revocation determination; and\nan application has not been made under section 38 of the old access law for a review of the determination within the time provided for under that section (whether or not that time expires on or after the commencement day).\nThe pending old scheme coverage non-revocation determination is deemed to be a decision not to make a coverage revocation determination under section 106 on the day after the last day an application could have been made under section 38 of the old access law.\n(sch.3-sec.20-ssec.1) This clause applies if— there is a pending old scheme coverage non-revocation determination; and an application has not been made under section 38 of the old access law for a review of the determination within the time provided for under that section (whether or not that time expires on or after the commencement day).\n(sch.3-sec.20-ssec.2) The pending old scheme coverage non-revocation determination is deemed to be a decision not to make a coverage revocation determination under section 106 on the day after the last day an application could have been made under section 38 of the old access law.\n- (a) there is a pending old scheme coverage non-revocation determination; and\n- (b) an application has not been made under section 38 of the old access law for a review of the determination within the time provided for under that section (whether or not that time expires on or after the commencement day).","sortOrder":851},{"sectionNumber":"sch.3-sec.21","sectionType":"section","heading":"Pending old scheme coverage non-revocation determinations where applications for review under old scheme on foot","content":"### sch.3-sec.21 Pending old scheme coverage non-revocation determinations where applications for review under old scheme on foot\n\nThis clause applies if—\nthere is a pending old scheme coverage non-revocation determination; and\nan application has been made under section 38 of the old access law for a review of the determination before the commencement day.\nIf on the review the relevant appeals body refuses to review the determination in accordance with section 38 (11) of the old access law, the pending old scheme coverage non-revocation determination is deemed to be a decision not to make a coverage revocation determination under section 106 on the day on which the determination of the relevant appeals body takes effect.\nIf on the review the relevant appeals body makes a determination affirming or varying the pending old scheme coverage non-revocation determination, that determination (as affirmed or varied) is deemed to be a decision not to make a coverage revocation determination under section 106 on the day on which the order of the relevant appeals body affirming or varying that determination takes effect.\nIf on the review the relevant appeals body makes a determination that sets aside the pending old scheme coverage non-revocation determination and remits the matter to the old scheme relevant Minister for the Minister to make a determination again in respect of the matter, the old scheme relevant Minister must make a determination under section 1.34 of the Gas Code as if the Gas Code continued to apply.\nIf on the review the relevant appeals body makes a determination that sets aside the pending old scheme coverage non-revocation determination and that is to operate in place of the pending old scheme coverage non-revocation determination, the determination of the relevant appeals body is deemed to be, on the day that determination takes effect—\nif that determination is that coverage of the covered pipeline is revoked—a coverage revocation determination;\nif that determination is that coverage of the covered pipeline is not revoked—a decision not to make a coverage revocation determination under section 106.\n(sch.3-sec.21-ssec.1) This clause applies if— there is a pending old scheme coverage non-revocation determination; and an application has been made under section 38 of the old access law for a review of the determination before the commencement day.\n(sch.3-sec.21-ssec.2) If on the review the relevant appeals body refuses to review the determination in accordance with section 38 (11) of the old access law, the pending old scheme coverage non-revocation determination is deemed to be a decision not to make a coverage revocation determination under section 106 on the day on which the determination of the relevant appeals body takes effect.\n(sch.3-sec.21-ssec.3) If on the review the relevant appeals body makes a determination affirming or varying the pending old scheme coverage non-revocation determination, that determination (as affirmed or varied) is deemed to be a decision not to make a coverage revocation determination under section 106 on the day on which the order of the relevant appeals body affirming or varying that determination takes effect.\n(sch.3-sec.21-ssec.4) If on the review the relevant appeals body makes a determination that sets aside the pending old scheme coverage non-revocation determination and remits the matter to the old scheme relevant Minister for the Minister to make a determination again in respect of the matter, the old scheme relevant Minister must make a determination under section 1.34 of the Gas Code as if the Gas Code continued to apply.\n(sch.3-sec.21-ssec.5) If on the review the relevant appeals body makes a determination that sets aside the pending old scheme coverage non-revocation determination and that is to operate in place of the pending old scheme coverage non-revocation determination, the determination of the relevant appeals body is deemed to be, on the day that determination takes effect— if that determination is that coverage of the covered pipeline is revoked—a coverage revocation determination; if that determination is that coverage of the covered pipeline is not revoked—a decision not to make a coverage revocation determination under section 106.\n- (a) there is a pending old scheme coverage non-revocation determination; and\n- (b) an application has been made under section 38 of the old access law for a review of the determination before the commencement day.\n- (a) if that determination is that coverage of the covered pipeline is revoked—a coverage revocation determination;\n- (b) if that determination is that coverage of the covered pipeline is not revoked—a decision not to make a coverage revocation determination under section 106.","sortOrder":852},{"sectionNumber":"sch.3-sec.22","sectionType":"section","heading":"Binding no-coverage determinations","content":"### sch.3-sec.22 Binding no-coverage determinations\n\nOn the commencement day, a binding no-coverage determination in effect immediately before that day is deemed to be a 15-year no-coverage determination.","sortOrder":853},{"sectionNumber":"sch.3-sec.23","sectionType":"section","heading":"Pending applications for binding no-coverage determinations (before NCC recommendation)","content":"### sch.3-sec.23 Pending applications for binding no-coverage determinations (before NCC recommendation)\n\nThis clause applies if—\nan application under section 13D of the old access law for a binding no-coverage determination has been made before the commencement day; and\nNCC has not made a recommendation under section 13J of the old access law in relation to that application before that day.\nOn and after the commencement day, the NCC must, despite the repeal of the old access law, continue to take action in relation to the application as required under the old access law (including making a recommendation under section 13J of the old access law and submitting it to the relevant old scheme relevant Minister under that section) as if the old access law continued to apply.\n(sch.3-sec.23-ssec.1) This clause applies if— an application under section 13D of the old access law for a binding no-coverage determination has been made before the commencement day; and NCC has not made a recommendation under section 13J of the old access law in relation to that application before that day.\n(sch.3-sec.23-ssec.2) On and after the commencement day, the NCC must, despite the repeal of the old access law, continue to take action in relation to the application as required under the old access law (including making a recommendation under section 13J of the old access law and submitting it to the relevant old scheme relevant Minister under that section) as if the old access law continued to apply.\n- (a) an application under section 13D of the old access law for a binding no-coverage determination has been made before the commencement day; and\n- (b) NCC has not made a recommendation under section 13J of the old access law in relation to that application before that day.","sortOrder":854},{"sectionNumber":"sch.3-sec.24","sectionType":"section","heading":"Pending relevant Minister decisions for binding no-coverage determinations under old scheme","content":"### sch.3-sec.24 Pending relevant Minister decisions for binding no-coverage determinations under old scheme\n\nThis clause applies if—\nan old scheme relevant Minister has received a recommendation of the NCC under section 13J of the old access law before the commencement day but the old scheme relevant Minister has not made a determination under section 13J of the old access law in relation to that recommendation before that day; or\nan old scheme relevant Minister receives a recommendation of the NCC as provided for under clause 23 on or after the commencement day.\nOn and after the commencement day, the old scheme relevant Minister must, despite the repeal of the old access law, make a decision under section 13K of the old access law in relation to that recommendation as if the old access law continued to apply.\nA decision made in accordance with subclause (2) is deemed to be, on the relevant transition date—\nif the decision is a binding no-coverage determination—a 15-year no-coverage determination;\nif the decision is not to make binding no-coverage determination—a decision not to make a 15-year no-coverage determination under section 162.\nIn this clause—\nrelevant transition date means, if an application is not made under section 38 of the old access law for a review of the decision within the time specified by that section—the day after the last day an application could have been made under that section.\n(sch.3-sec.24-ssec.1) This clause applies if— an old scheme relevant Minister has received a recommendation of the NCC under section 13J of the old access law before the commencement day but the old scheme relevant Minister has not made a determination under section 13J of the old access law in relation to that recommendation before that day; or an old scheme relevant Minister receives a recommendation of the NCC as provided for under clause 23 on or after the commencement day.\n(sch.3-sec.24-ssec.2) On and after the commencement day, the old scheme relevant Minister must, despite the repeal of the old access law, make a decision under section 13K of the old access law in relation to that recommendation as if the old access law continued to apply.\n(sch.3-sec.24-ssec.3) A decision made in accordance with subclause (2) is deemed to be, on the relevant transition date— if the decision is a binding no-coverage determination—a 15-year no-coverage determination; if the decision is not to make binding no-coverage determination—a decision not to make a 15-year no-coverage determination under section 162.\n(sch.3-sec.24-ssec.4) In this clause— relevant transition date means, if an application is not made under section 38 of the old access law for a review of the decision within the time specified by that section—the day after the last day an application could have been made under that section.\n- (a) an old scheme relevant Minister has received a recommendation of the NCC under section 13J of the old access law before the commencement day but the old scheme relevant Minister has not made a determination under section 13J of the old access law in relation to that recommendation before that day; or\n- (b) an old scheme relevant Minister receives a recommendation of the NCC as provided for under clause 23 on or after the commencement day.\n- (a) if the decision is a binding no-coverage determination—a 15-year no-coverage determination;\n- (b) if the decision is not to make binding no-coverage determination—a decision not to make a 15-year no-coverage determination under section 162.","sortOrder":855},{"sectionNumber":"sch.3-sec.25","sectionType":"section","heading":"Pending relevant Minister decisions in relation to binding no-coverage determinations that are reviewed under old scheme","content":"### sch.3-sec.25 Pending relevant Minister decisions in relation to binding no-coverage determinations that are reviewed under old scheme\n\nThis clause applies if—\nan old scheme relevant Minister makes a decision under section 13J of the old access law in accordance with clause 24; and\nan application is made under section 38 of the old access law for a review of the decision of the old scheme relevant Minister.\nIf on the review the relevant appeals body refuses to review the determination in accordance with section 38 (11) of the old access law, the decision of the old scheme relevant Minister is deemed to be, on the day the decision of the relevant appeals body takes effect—\nif the decision is a binding no-coverage determination—a 15-year no-coverage determination;\nif the decision is not to make a binding no-coverage determination—a decision not to make a 15-year no-coverage determination under section 162.\nIf on the review the relevant appeals body makes a determination under section 38 of the old access law affirming or varying the decision of the old scheme relevant Minister, that decision (as affirmed or varied) is deemed to be, on the day the order of the relevant appeals body affirming or varying that decision takes effect—\nif the decision is a binding no-coverage determination—a 15-year no-coverage determination;\nif the decision is not to make a binding no-coverage determination—a decision not to make a 15-year no-coverage determination under section 162.\nIf on the review the relevant appeals body makes a determination under section 38 of the old access law that sets aside the decision of the old scheme relevant Minister and remits the matter to the old scheme relevant Minister for the Minister to make a decision again in respect of the matter, the Minister must make a decision under clause 24.\nIf on the review the relevant appeals body makes a determination under section 38 of the old access law that sets aside the decision of the old scheme relevant Minister and that is to operate in place of the decision of the old scheme relevant Minister, the determination of the relevant appeals body is deemed to be, on the day that determination takes effect—\nif the determination is a binding no-coverage determination—a 15-year no-coverage determination;\nif the determination is not to make binding no-coverage determination—a decision not to make a 15-year no-coverage determination under section 162.\n(sch.3-sec.25-ssec.1) This clause applies if— an old scheme relevant Minister makes a decision under section 13J of the old access law in accordance with clause 24; and an application is made under section 38 of the old access law for a review of the decision of the old scheme relevant Minister.\n(sch.3-sec.25-ssec.2) If on the review the relevant appeals body refuses to review the determination in accordance with section 38 (11) of the old access law, the decision of the old scheme relevant Minister is deemed to be, on the day the decision of the relevant appeals body takes effect— if the decision is a binding no-coverage determination—a 15-year no-coverage determination; if the decision is not to make a binding no-coverage determination—a decision not to make a 15-year no-coverage determination under section 162.\n(sch.3-sec.25-ssec.3) If on the review the relevant appeals body makes a determination under section 38 of the old access law affirming or varying the decision of the old scheme relevant Minister, that decision (as affirmed or varied) is deemed to be, on the day the order of the relevant appeals body affirming or varying that decision takes effect— if the decision is a binding no-coverage determination—a 15-year no-coverage determination; if the decision is not to make a binding no-coverage determination—a decision not to make a 15-year no-coverage determination under section 162.\n(sch.3-sec.25-ssec.4) If on the review the relevant appeals body makes a determination under section 38 of the old access law that sets aside the decision of the old scheme relevant Minister and remits the matter to the old scheme relevant Minister for the Minister to make a decision again in respect of the matter, the Minister must make a decision under clause 24.\n(sch.3-sec.25-ssec.5) If on the review the relevant appeals body makes a determination under section 38 of the old access law that sets aside the decision of the old scheme relevant Minister and that is to operate in place of the decision of the old scheme relevant Minister, the determination of the relevant appeals body is deemed to be, on the day that determination takes effect— if the determination is a binding no-coverage determination—a 15-year no-coverage determination; if the determination is not to make binding no-coverage determination—a decision not to make a 15-year no-coverage determination under section 162.\n- (a) an old scheme relevant Minister makes a decision under section 13J of the old access law in accordance with clause 24; and\n- (b) an application is made under section 38 of the old access law for a review of the decision of the old scheme relevant Minister.\n- (a) if the decision is a binding no-coverage determination—a 15-year no-coverage determination;\n- (b) if the decision is not to make a binding no-coverage determination—a decision not to make a 15-year no-coverage determination under section 162.\n- (a) if the decision is a binding no-coverage determination—a 15-year no-coverage determination;\n- (b) if the decision is not to make a binding no-coverage determination—a decision not to make a 15-year no-coverage determination under section 162.\n- (a) if the determination is a binding no-coverage determination—a 15-year no-coverage determination;\n- (b) if the determination is not to make binding no-coverage determination—a decision not to make a 15-year no-coverage determination under section 162.","sortOrder":856},{"sectionNumber":"sch.3-pt.4","sectionType":"part","heading":"Access arrangements","content":"# Access arrangements","sortOrder":857},{"sectionNumber":"sch.3-sec.26","sectionType":"section","heading":"Current access arrangements (other than old scheme limited access arrangements)","content":"### sch.3-sec.26 Current access arrangements (other than old scheme limited access arrangements)\n\nSubject to this Part, on the commencement day—\na current access arrangement approved in—\na final decision under section 2.16 or 2.38 of the Gas Code; or\na further final decision under section 2.19 or 2.41 of the Gas Code,\nis deemed to be a full access arrangement approved by the AER under a full access arrangement decision;\na current access arrangement drafted and approved by a relevant Regulator under section 2.20 or 2.42 of the Gas Code is deemed to be a full access arrangement made by the AER under a full access arrangement decision.\n- (a) a current access arrangement approved in— (i) a final decision under section 2.16 or 2.38 of the Gas Code; or (ii) a further final decision under section 2.19 or 2.41 of the Gas Code, is deemed to be a full access arrangement approved by the AER under a full access arrangement decision;\n- (i) a final decision under section 2.16 or 2.38 of the Gas Code; or\n- (ii) a further final decision under section 2.19 or 2.41 of the Gas Code,\n- (b) a current access arrangement drafted and approved by a relevant Regulator under section 2.20 or 2.42 of the Gas Code is deemed to be a full access arrangement made by the AER under a full access arrangement decision.\n- (i) a final decision under section 2.16 or 2.38 of the Gas Code; or\n- (ii) a further final decision under section 2.19 or 2.41 of the Gas Code,","sortOrder":858},{"sectionNumber":"sch.3-sec.27","sectionType":"section","heading":"Old scheme limited access arrangements","content":"### sch.3-sec.27 Old scheme limited access arrangements\n\nOn the commencement day, an old scheme limited access arrangement is deemed to be a limited access arrangement approved by the AER under the Rules.","sortOrder":859},{"sectionNumber":"sch.3-sec.28","sectionType":"section","heading":"Access arrangements submitted but not approved or rejected before repeal of old scheme","content":"### sch.3-sec.28 Access arrangements submitted but not approved or rejected before repeal of old scheme\n\nThis clause applies if—\na proposed access arrangement has been submitted under section 2.2 of the Gas Code to a relevant Regulator before the commencement day for approval; and\nthe relevant Regulator has not, that day—\napproved that access arrangement in a final decision under section 2.16 , or a further final decision under section 2.19 of the Gas Code; or\ndrafted and approved its own access arrangement under section 2.20 of the Gas Code.\nOn and after the commencement day, the relevant Regulator must, despite the repeal of the Gas Code, deal with the proposed access arrangement as if the Gas Code continued to apply.\nAn access arrangement approved, or drafted and approved, in accordance with subclause (2) is deemed to be, on the day the relevant decision takes effect—\nin the case of an access arrangement approved in a final decision under section 2.16 , or a further final decision under section 2.19 , of the Gas Code—a full access arrangement approved by the AER under a full access arrangement decision;\nin the case of an access arrangement drafted and approved by the relevant Regulator under section 2.20 of the Gas Code—a full access arrangement made by the AER under a full access arrangement decision.\nDespite anything to the contrary in this Law and the repeal of the old access law, section 39 of the old access law continues to apply to a full access arrangement decision referred to in this section as if a reference in that section to a decision of the relevant Regulator under the Gas Code were a reference to a full access arrangement decision of the AER.\n(sch.3-sec.28-ssec.1) This clause applies if— a proposed access arrangement has been submitted under section 2.2 of the Gas Code to a relevant Regulator before the commencement day for approval; and the relevant Regulator has not, that day— approved that access arrangement in a final decision under section 2.16 , or a further final decision under section 2.19 of the Gas Code; or drafted and approved its own access arrangement under section 2.20 of the Gas Code.\n(sch.3-sec.28-ssec.2) On and after the commencement day, the relevant Regulator must, despite the repeal of the Gas Code, deal with the proposed access arrangement as if the Gas Code continued to apply.\n(sch.3-sec.28-ssec.3) An access arrangement approved, or drafted and approved, in accordance with subclause (2) is deemed to be, on the day the relevant decision takes effect— in the case of an access arrangement approved in a final decision under section 2.16 , or a further final decision under section 2.19 , of the Gas Code—a full access arrangement approved by the AER under a full access arrangement decision; in the case of an access arrangement drafted and approved by the relevant Regulator under section 2.20 of the Gas Code—a full access arrangement made by the AER under a full access arrangement decision.\n(sch.3-sec.28-ssec.4) Despite anything to the contrary in this Law and the repeal of the old access law, section 39 of the old access law continues to apply to a full access arrangement decision referred to in this section as if a reference in that section to a decision of the relevant Regulator under the Gas Code were a reference to a full access arrangement decision of the AER.\n- (a) a proposed access arrangement has been submitted under section 2.2 of the Gas Code to a relevant Regulator before the commencement day for approval; and\n- (b) the relevant Regulator has not, that day— (i) approved that access arrangement in a final decision under section 2.16 , or a further final decision under section 2.19 of the Gas Code; or (ii) drafted and approved its own access arrangement under section 2.20 of the Gas Code.\n- (i) approved that access arrangement in a final decision under section 2.16 , or a further final decision under section 2.19 of the Gas Code; or\n- (ii) drafted and approved its own access arrangement under section 2.20 of the Gas Code.\n- (i) approved that access arrangement in a final decision under section 2.16 , or a further final decision under section 2.19 of the Gas Code; or\n- (ii) drafted and approved its own access arrangement under section 2.20 of the Gas Code.\n- (a) in the case of an access arrangement approved in a final decision under section 2.16 , or a further final decision under section 2.19 , of the Gas Code—a full access arrangement approved by the AER under a full access arrangement decision;\n- (b) in the case of an access arrangement drafted and approved by the relevant Regulator under section 2.20 of the Gas Code—a full access arrangement made by the AER under a full access arrangement decision.","sortOrder":860},{"sectionNumber":"sch.3-sec.29","sectionType":"section","heading":"Access arrangement revisions submitted but not approved or rejected before repeal of old scheme","content":"### sch.3-sec.29 Access arrangement revisions submitted but not approved or rejected before repeal of old scheme\n\nThis clause applies if—\nproposed revisions to a current access arrangement have been submitted under section 2.28 of the Gas Code to a relevant Regulator before the commencement day for approval; and\nthe relevant Regulator has not, before that day—\napproved those revisions in a final decision under section 2.38 , or a further final decision under section 2.41 , of the Gas Code; or\ndrafted and approved its own revisions under section 2.42 of the Gas Code.\nOn and after the commencement day, the relevant Regulator must, despite the repeal of the Gas Code, deal with the proposed revisions as if the Gas Code continued to apply.\nAn access arrangement in respect of which revisions are approved, or drafted and approved, in accordance with subclause (2) is deemed to be, on the day the relevant decision takes effect—\nin the case of an access arrangement in respect of which revisions are approved in a final decision under section 2.38 , or a further final decision under section 2.41 , of the Gas Code—a full access arrangement as revised by the AER under a full access arrangement decision;\nin the case of an access arrangement in respect of which revisions are drafted and approved by the relevant Regulator under section 2.42 of the Gas Code—a full access arrangement (as revised) made by the AER under a full access arrangement decision.\nDespite anything to the contrary in this Law and the repeal of the old access law, section 39 of the old access law continues to apply to a full access arrangement decision referred to in this section as if a reference in that section to a decision of the relevant Regulator under the Gas Code were a reference to a full access arrangement decision of the AER.\n(sch.3-sec.29-ssec.1) This clause applies if— proposed revisions to a current access arrangement have been submitted under section 2.28 of the Gas Code to a relevant Regulator before the commencement day for approval; and the relevant Regulator has not, before that day— approved those revisions in a final decision under section 2.38 , or a further final decision under section 2.41 , of the Gas Code; or drafted and approved its own revisions under section 2.42 of the Gas Code.\n(sch.3-sec.29-ssec.2) On and after the commencement day, the relevant Regulator must, despite the repeal of the Gas Code, deal with the proposed revisions as if the Gas Code continued to apply.\n(sch.3-sec.29-ssec.3) An access arrangement in respect of which revisions are approved, or drafted and approved, in accordance with subclause (2) is deemed to be, on the day the relevant decision takes effect— in the case of an access arrangement in respect of which revisions are approved in a final decision under section 2.38 , or a further final decision under section 2.41 , of the Gas Code—a full access arrangement as revised by the AER under a full access arrangement decision; in the case of an access arrangement in respect of which revisions are drafted and approved by the relevant Regulator under section 2.42 of the Gas Code—a full access arrangement (as revised) made by the AER under a full access arrangement decision.\n(sch.3-sec.29-ssec.4) Despite anything to the contrary in this Law and the repeal of the old access law, section 39 of the old access law continues to apply to a full access arrangement decision referred to in this section as if a reference in that section to a decision of the relevant Regulator under the Gas Code were a reference to a full access arrangement decision of the AER.\n- (a) proposed revisions to a current access arrangement have been submitted under section 2.28 of the Gas Code to a relevant Regulator before the commencement day for approval; and\n- (b) the relevant Regulator has not, before that day— (i) approved those revisions in a final decision under section 2.38 , or a further final decision under section 2.41 , of the Gas Code; or (ii) drafted and approved its own revisions under section 2.42 of the Gas Code.\n- (i) approved those revisions in a final decision under section 2.38 , or a further final decision under section 2.41 , of the Gas Code; or\n- (ii) drafted and approved its own revisions under section 2.42 of the Gas Code.\n- (i) approved those revisions in a final decision under section 2.38 , or a further final decision under section 2.41 , of the Gas Code; or\n- (ii) drafted and approved its own revisions under section 2.42 of the Gas Code.\n- (a) in the case of an access arrangement in respect of which revisions are approved in a final decision under section 2.38 , or a further final decision under section 2.41 , of the Gas Code—a full access arrangement as revised by the AER under a full access arrangement decision;\n- (b) in the case of an access arrangement in respect of which revisions are drafted and approved by the relevant Regulator under section 2.42 of the Gas Code—a full access arrangement (as revised) made by the AER under a full access arrangement decision.","sortOrder":861},{"sectionNumber":"sch.3-sec.30","sectionType":"section","heading":"Certain provisions of the Gas Code to continue to apply to current and proposed access arrangements","content":"### sch.3-sec.30 Certain provisions of the Gas Code to continue to apply to current and proposed access arrangements\n\nDespite the repeal of the Gas Code and subject to this clause and any current access arrangement modification Rules, sections 3 , 8 and 10.8 of the Gas Code continue to apply to a transitioned access arrangement until revisions to that access arrangement first approved or made in accordance with this Law and the Rules after the commencement day take effect.\nTo avoid doubt, after the commencement day, a covered pipeline service provider must, despite anything to the contrary in a transitioned access arrangement, submit an access arrangement revision proposal in relation to that access arrangement in accordance with section 132 and the Rules.\nSections 3 , 8 and 10.8 of the Gas Code, as applied under this clause, do not have effect to the extent that they provide for or deal with the procedure for the approval of revisions to access arrangements.\nFor the purposes of this clause—\nthe AER is deemed to have the functions and powers a relevant Regulator has under sections 3 , 8 and 10.8 of the Gas Code as applied under this clause; and\nevery reference to a relevant Regulator in those sections as applied under this clause is deemed to be a reference to the AER.\nIn this clause—\naccess arrangement revision proposal has the same meaning as in the Rules;\ncurrent access arrangement modification Rules means Rules made for or with respect to item 81 of Schedule 1 to this Law that are in force.\n(sch.3-sec.30-ssec.1) Despite the repeal of the Gas Code and subject to this clause and any current access arrangement modification Rules, sections 3 , 8 and 10.8 of the Gas Code continue to apply to a transitioned access arrangement until revisions to that access arrangement first approved or made in accordance with this Law and the Rules after the commencement day take effect.\n(sch.3-sec.30-ssec.2) To avoid doubt, after the commencement day, a covered pipeline service provider must, despite anything to the contrary in a transitioned access arrangement, submit an access arrangement revision proposal in relation to that access arrangement in accordance with section 132 and the Rules.\n(sch.3-sec.30-ssec.3) Sections 3 , 8 and 10.8 of the Gas Code, as applied under this clause, do not have effect to the extent that they provide for or deal with the procedure for the approval of revisions to access arrangements.\n(sch.3-sec.30-ssec.4) For the purposes of this clause— the AER is deemed to have the functions and powers a relevant Regulator has under sections 3 , 8 and 10.8 of the Gas Code as applied under this clause; and every reference to a relevant Regulator in those sections as applied under this clause is deemed to be a reference to the AER.\n(sch.3-sec.30-ssec.5) In this clause— access arrangement revision proposal has the same meaning as in the Rules; current access arrangement modification Rules means Rules made for or with respect to item 81 of Schedule 1 to this Law that are in force.\n- (a) the AER is deemed to have the functions and powers a relevant Regulator has under sections 3 , 8 and 10.8 of the Gas Code as applied under this clause; and\n- (b) every reference to a relevant Regulator in those sections as applied under this clause is deemed to be a reference to the AER.","sortOrder":862},{"sectionNumber":"sch.3-sec.31","sectionType":"section","heading":"Certain decisions relating to certain access arrangements are reviewable regulatory decisions for purposes of Chapter 8 Part 5 of the Law","content":"### sch.3-sec.31 Certain decisions relating to certain access arrangements are reviewable regulatory decisions for purposes of Chapter 8 Part 5 of the Law\n\nDespite anything to the contrary in this Law, the definition of reviewable regulatory decision in section 244 is deemed, during the relevant transition period, to include decisions of the AER—\nthat disallow a variation proposed by a service provider of a Reference Tariff contained in a transitioned access arrangement; or\nto make the AER’s own variation of a Reference Tariff in respect of a transitioned access arrangement—\non disallowing a variation proposed by a service provider; or\nbecause a service provider fails to submit such a variation as required.\nIn this clause—\nnew scheme revisions commencement date means the date revisions approved or made to a transitioned access arrangement under this Law and the Rules take effect following the first review of that access arrangement under this Law and the Rules after the commencement day;\nReference Tariff has the same meaning as in the Gas Code immediately before its repeal;\nrelevant transition period means the period—\ncommencing on the commencement day; and\nending on the day after the day that is 15 business days after the first new scheme revisions commencement date.\nSee also clause 30.\n(sch.3-sec.31-ssec.1) Despite anything to the contrary in this Law, the definition of reviewable regulatory decision in section 244 is deemed, during the relevant transition period, to include decisions of the AER— that disallow a variation proposed by a service provider of a Reference Tariff contained in a transitioned access arrangement; or to make the AER’s own variation of a Reference Tariff in respect of a transitioned access arrangement— on disallowing a variation proposed by a service provider; or because a service provider fails to submit such a variation as required.\n(sch.3-sec.31-ssec.2) In this clause— new scheme revisions commencement date means the date revisions approved or made to a transitioned access arrangement under this Law and the Rules take effect following the first review of that access arrangement under this Law and the Rules after the commencement day; Reference Tariff has the same meaning as in the Gas Code immediately before its repeal; relevant transition period means the period— commencing on the commencement day; and ending on the day after the day that is 15 business days after the first new scheme revisions commencement date. See also clause 30.\n- (a) that disallow a variation proposed by a service provider of a Reference Tariff contained in a transitioned access arrangement; or\n- (b) to make the AER’s own variation of a Reference Tariff in respect of a transitioned access arrangement— (i) on disallowing a variation proposed by a service provider; or (ii) because a service provider fails to submit such a variation as required.\n- (i) on disallowing a variation proposed by a service provider; or\n- (ii) because a service provider fails to submit such a variation as required.\n- (i) on disallowing a variation proposed by a service provider; or\n- (ii) because a service provider fails to submit such a variation as required.\n- (a) commencing on the commencement day; and\n- (b) ending on the day after the day that is 15 business days after the first new scheme revisions commencement date.","sortOrder":863},{"sectionNumber":"sch.3-sec.32","sectionType":"section","heading":"Limited access arrangements submitted but not approved before repeal of old scheme","content":"### sch.3-sec.32 Limited access arrangements submitted but not approved before repeal of old scheme\n\nThis clause applies if a proposed limited access arrangement or a proposed amendment to a limited access arrangement—\nhas been submitted under section 13U (1) of the old access law to the ACCC before the commencement day for approval; and\nthe ACCC has not approved that limited access arrangement or that amendment before that day.\nOn and after the commencement day, the ACCC must, despite the repeal of the old access law, deal with the proposed access arrangement under section 13U as if the old access law continued to apply.\nA proposed limited access arrangement, or a proposed amendment to a limited access arrangement, approved by the ACCC in accordance with subclause (2) is deemed to be, on the day the decision takes effect—\nin the case of a decision approving the proposed limited access arrangement—a limited access arrangement approved by the AER under a limited access arrangement decision;\nin the case of a decision approving a proposed amendment to a limited access arrangement—a variation to a limited access arrangement approved by the AER under the Rules.\n(sch.3-sec.32-ssec.1) This clause applies if a proposed limited access arrangement or a proposed amendment to a limited access arrangement— has been submitted under section 13U (1) of the old access law to the ACCC before the commencement day for approval; and the ACCC has not approved that limited access arrangement or that amendment before that day.\n(sch.3-sec.32-ssec.2) On and after the commencement day, the ACCC must, despite the repeal of the old access law, deal with the proposed access arrangement under section 13U as if the old access law continued to apply.\n(sch.3-sec.32-ssec.3) A proposed limited access arrangement, or a proposed amendment to a limited access arrangement, approved by the ACCC in accordance with subclause (2) is deemed to be, on the day the decision takes effect— in the case of a decision approving the proposed limited access arrangement—a limited access arrangement approved by the AER under a limited access arrangement decision; in the case of a decision approving a proposed amendment to a limited access arrangement—a variation to a limited access arrangement approved by the AER under the Rules.\n- (a) has been submitted under section 13U (1) of the old access law to the ACCC before the commencement day for approval; and\n- (b) the ACCC has not approved that limited access arrangement or that amendment before that day.\n- (a) in the case of a decision approving the proposed limited access arrangement—a limited access arrangement approved by the AER under a limited access arrangement decision;\n- (b) in the case of a decision approving a proposed amendment to a limited access arrangement—a variation to a limited access arrangement approved by the AER under the Rules.","sortOrder":864},{"sectionNumber":"sch.3-sec.33","sectionType":"section","heading":"Extensions and expansions policies","content":"### sch.3-sec.33 Extensions and expansions policies\n\nOn the commencement day, an Extensions/Expansions Policy (as defined in section 3.16 of the Gas Code), and in effect immediately before that day, is deemed to be extension and expansion requirements.","sortOrder":865},{"sectionNumber":"sch.3-sec.34","sectionType":"section","heading":"Queuing policies","content":"### sch.3-sec.34 Queuing policies\n\nOn the commencement day, a Queuing Policy (as defined in section 3.12 of the Gas Code), and in effect immediately before that day, is deemed to be queuing requirements.","sortOrder":866},{"sectionNumber":"sch.3-pt.5","sectionType":"part","heading":"Price regulation exemptions","content":"# Price regulation exemptions","sortOrder":867},{"sectionNumber":"sch.3-sec.35","sectionType":"section","heading":"Old scheme price regulation exemptions","content":"### sch.3-sec.35 Old scheme price regulation exemptions\n\nOn the commencement day, an old scheme price regulation exemption in effect immediately before that day is deemed to be a price regulation exemption.","sortOrder":868},{"sectionNumber":"sch.3-sec.36","sectionType":"section","heading":"Pending applications for price regulation exemptions","content":"### sch.3-sec.36 Pending applications for price regulation exemptions\n\nThis clause applies if—\nan application under section 13N of the old access law for an old scheme price regulation exemption has been made before the commencement day; and\nNCC has not made a recommendation under section 13R of the old access law in relation to that application before that day.\nOn and after the commencement day, the NCC must, despite the repeal of the old access law, continue to take action in relation to the application as required under the old access law (including making a recommendation under section 13R of the old access law and submitting it to the Commonwealth Minister under that section) as if the old access law continued to apply.\n(sch.3-sec.36-ssec.1) This clause applies if— an application under section 13N of the old access law for an old scheme price regulation exemption has been made before the commencement day; and NCC has not made a recommendation under section 13R of the old access law in relation to that application before that day.\n(sch.3-sec.36-ssec.2) On and after the commencement day, the NCC must, despite the repeal of the old access law, continue to take action in relation to the application as required under the old access law (including making a recommendation under section 13R of the old access law and submitting it to the Commonwealth Minister under that section) as if the old access law continued to apply.\n- (a) an application under section 13N of the old access law for an old scheme price regulation exemption has been made before the commencement day; and\n- (b) NCC has not made a recommendation under section 13R of the old access law in relation to that application before that day.","sortOrder":869},{"sectionNumber":"sch.3-sec.37","sectionType":"section","heading":"Pending Commonwealth Minister decisions for price regulation exemptions","content":"### sch.3-sec.37 Pending Commonwealth Minister decisions for price regulation exemptions\n\nThis clause applies if—\nthe Commonwealth Minister has received a recommendation of the NCC under section 13R of the old access law before the commencement day but the Commonwealth Minister has not made a decision under section 13S of the old access law in relation to that recommendation before that day; or\nthe Commonwealth Minister receives a recommendation of the NCC as provided for under clause 36 after the commencement day.\nOn and after the commencement day, the Commonwealth Minister must, despite the repeal of the old access law, make a decision under section 13S of the old access law in relation to that recommendation as if the old access law continued to apply.\nIf the Commonwealth Minister makes an old scheme price regulation exemption under section 13S of the old access law in accordance with subclause (2), that exemption is deemed to be a price regulation exemption on the day it is made.\n(sch.3-sec.37-ssec.1) This clause applies if— the Commonwealth Minister has received a recommendation of the NCC under section 13R of the old access law before the commencement day but the Commonwealth Minister has not made a decision under section 13S of the old access law in relation to that recommendation before that day; or the Commonwealth Minister receives a recommendation of the NCC as provided for under clause 36 after the commencement day.\n(sch.3-sec.37-ssec.2) On and after the commencement day, the Commonwealth Minister must, despite the repeal of the old access law, make a decision under section 13S of the old access law in relation to that recommendation as if the old access law continued to apply.\n(sch.3-sec.37-ssec.3) If the Commonwealth Minister makes an old scheme price regulation exemption under section 13S of the old access law in accordance with subclause (2), that exemption is deemed to be a price regulation exemption on the day it is made.\n- (a) the Commonwealth Minister has received a recommendation of the NCC under section 13R of the old access law before the commencement day but the Commonwealth Minister has not made a decision under section 13S of the old access law in relation to that recommendation before that day; or\n- (b) the Commonwealth Minister receives a recommendation of the NCC as provided for under clause 36 after the commencement day.","sortOrder":870},{"sectionNumber":"sch.3-pt.6","sectionType":"part","heading":"Structural and operational separation (ring fencing)","content":"# Structural and operational separation (ring fencing)","sortOrder":871},{"sectionNumber":"sch.3-sec.38","sectionType":"section","heading":"Definitions","content":"### sch.3-sec.38 Definitions\n\nIn this Part—\nold scheme ring fencing requirement , in relation to a service provider, means—\nsection 4.1 (b) to (d), (h) or (i) of the Gas Code as those sections apply to the service provider subject to—\nany notice given to the service provider under section 4.15 (a) of the Gas Code waiving that service provider’s compliance with an obligation under section 4.1 (b) of the Gas Code that is in effect immediately before the commencement day; and\nany notice given to the service provider under section 4.15 (b) of the Gas Code waiving that service provider’s compliance with an obligation under section 4.1 (h) and (i) of the Gas Code that is in effect immediately before the commencement day; or\nany obligation applying to the service provider under a notice given to that service provider under section 4.3 of the Gas Code that is in effect immediately before the commencement day;\nrelevant transition period means the period beginning on the commencement day and ending on the day that is 6 months after the commencement day.\n- (a) section 4.1 (b) to (d), (h) or (i) of the Gas Code as those sections apply to the service provider subject to— (i) any notice given to the service provider under section 4.15 (a) of the Gas Code waiving that service provider’s compliance with an obligation under section 4.1 (b) of the Gas Code that is in effect immediately before the commencement day; and (ii) any notice given to the service provider under section 4.15 (b) of the Gas Code waiving that service provider’s compliance with an obligation under section 4.1 (h) and (i) of the Gas Code that is in effect immediately before the commencement day; or\n- (i) any notice given to the service provider under section 4.15 (a) of the Gas Code waiving that service provider’s compliance with an obligation under section 4.1 (b) of the Gas Code that is in effect immediately before the commencement day; and\n- (ii) any notice given to the service provider under section 4.15 (b) of the Gas Code waiving that service provider’s compliance with an obligation under section 4.1 (h) and (i) of the Gas Code that is in effect immediately before the commencement day; or\n- (b) any obligation applying to the service provider under a notice given to that service provider under section 4.3 of the Gas Code that is in effect immediately before the commencement day;\n- (i) any notice given to the service provider under section 4.15 (a) of the Gas Code waiving that service provider’s compliance with an obligation under section 4.1 (b) of the Gas Code that is in effect immediately before the commencement day; and\n- (ii) any notice given to the service provider under section 4.15 (b) of the Gas Code waiving that service provider’s compliance with an obligation under section 4.1 (h) and (i) of the Gas Code that is in effect immediately before the commencement day; or","sortOrder":872},{"sectionNumber":"sch.3-sec.39","sectionType":"section","heading":"Compliance with certain old scheme ring fencing requirements sufficient compliance for 6 month period","content":"### sch.3-sec.39 Compliance with certain old scheme ring fencing requirements sufficient compliance for 6 month period\n\nDespite anything to the contrary in this Law, a service provider who during the relevant transition period complies with an old scheme ring fencing requirement must be taken to comply with Division 2 and Division 3 of Chapter 4 Part 2 of the Law during that period.\nIn addition to subclause (1) but subject to subclauses (3) and (4), a service provider must continue to comply with an old scheme ring fencing requirement as if the Gas Code continued to apply.\nA service provider may depart from complying with an old scheme ring fencing requirement before the end of the relevant transition period solely for the purpose of preparing to comply with Division 2 or Division 3 of Chapter 4 Part 2 of this Law at the end of that period.\nIf a service provider does depart from complying with an old scheme ring fencing requirement in accordance with subclause (3) the service provider must in respect of that departure comply with Division 2 and Division 3 of Chapter 4 Part 2 of this Law (as the case requires).\n(sch.3-sec.39-ssec.1) Despite anything to the contrary in this Law, a service provider who during the relevant transition period complies with an old scheme ring fencing requirement must be taken to comply with Division 2 and Division 3 of Chapter 4 Part 2 of the Law during that period.\n(sch.3-sec.39-ssec.2) In addition to subclause (1) but subject to subclauses (3) and (4), a service provider must continue to comply with an old scheme ring fencing requirement as if the Gas Code continued to apply.\n(sch.3-sec.39-ssec.3) A service provider may depart from complying with an old scheme ring fencing requirement before the end of the relevant transition period solely for the purpose of preparing to comply with Division 2 or Division 3 of Chapter 4 Part 2 of this Law at the end of that period.\n(sch.3-sec.39-ssec.4) If a service provider does depart from complying with an old scheme ring fencing requirement in accordance with subclause (3) the service provider must in respect of that departure comply with Division 2 and Division 3 of Chapter 4 Part 2 of this Law (as the case requires).","sortOrder":873},{"sectionNumber":"sch.3-sec.40","sectionType":"section","heading":"Existing waivers of ring fencing obligations","content":"### sch.3-sec.40 Existing waivers of ring fencing obligations\n\nAfter the relevant transition period, a notice given to a service provider under section 4.15 (a) of the Gas Code waiving that service provider’s compliance with an obligation under section 4.1 (b) of the Gas Code, and in effect immediately before the commencement day, is deemed to be an exemption of the AER under section 146 from the requirement to comply with section 139 given to that service provider.\nAfter the relevant transition period, a notice given to a service provider under section 4.15 (b) of the Gas Code waiving that service provider’s compliance with an obligation under section 4.1 (h) and (i) of the Gas Code, and in effect immediately before the commencement day, is deemed to be an exemption of the AER under section 146 from the requirement to comply with section 140 given to that service provider.\nSubclauses (1) and (2) do not apply to the extent to which a notice referred to in those subclauses is inconsistent with this Law or the Rules.\n(sch.3-sec.40-ssec.1) After the relevant transition period, a notice given to a service provider under section 4.15 (a) of the Gas Code waiving that service provider’s compliance with an obligation under section 4.1 (b) of the Gas Code, and in effect immediately before the commencement day, is deemed to be an exemption of the AER under section 146 from the requirement to comply with section 139 given to that service provider.\n(sch.3-sec.40-ssec.2) After the relevant transition period, a notice given to a service provider under section 4.15 (b) of the Gas Code waiving that service provider’s compliance with an obligation under section 4.1 (h) and (i) of the Gas Code, and in effect immediately before the commencement day, is deemed to be an exemption of the AER under section 146 from the requirement to comply with section 140 given to that service provider.\n(sch.3-sec.40-ssec.3) Subclauses (1) and (2) do not apply to the extent to which a notice referred to in those subclauses is inconsistent with this Law or the Rules.","sortOrder":874},{"sectionNumber":"sch.3-sec.41","sectionType":"section","heading":"Additional ring fencing obligations","content":"### sch.3-sec.41 Additional ring fencing obligations\n\nAfter the relevant transition period, a notice given to a service provider under section 4.3 of the Gas Code and in effect immediately before the commencement day is deemed to be an additional ring fencing requirement (as defined in section 137).\nSubclause (1) does not apply to the extent to which a notice referred to in that subclause is inconsistent with this Law or the Rules.\n(sch.3-sec.41-ssec.1) After the relevant transition period, a notice given to a service provider under section 4.3 of the Gas Code and in effect immediately before the commencement day is deemed to be an additional ring fencing requirement (as defined in section 137).\n(sch.3-sec.41-ssec.2) Subclause (1) does not apply to the extent to which a notice referred to in that subclause is inconsistent with this Law or the Rules.","sortOrder":875},{"sectionNumber":"sch.3-pt.7","sectionType":"part","heading":"Access disputes","content":"# Access disputes","sortOrder":876},{"sectionNumber":"sch.3-sec.42","sectionType":"section","heading":"Non-finalised access disputes","content":"### sch.3-sec.42 Non-finalised access disputes\n\nA non-finalised access dispute must continue to be dealt with in accordance with the old access law and Gas Code despite the repeal of the old access law and Gas Code.\nHowever, despite anything to the contrary in the old access law and Gas Code, a non-finalised access dispute is to be dealt with by the dispute resolution body and for that purpose—\nevery reference to an arbitrator in Part 4 of the old access law and in the Gas Code is to be read as a reference to the dispute resolution body; and\nanything done in relation to a non-finalised access dispute by an arbitrator before the commencement day is deemed to have been done by the dispute resolution body; and\nthe dispute resolution body may, in relation to a particular non-finalised access dispute, have regard to any record of the arbitrator conducting the arbitration of that non-finalised access dispute; and\nthe arbitrator must stop conducting the arbitration and give the dispute resolution body all documents the arbitrator has created for the purposes of, or received in, the arbitration.\nIn this clause—\nnon-finalised access dispute means an access dispute within the meaning of section 14 of the old access law that has arisen and not been finally determined under Part 4 of the old access law and Gas Code before the commencement day.\n(sch.3-sec.42-ssec.1) A non-finalised access dispute must continue to be dealt with in accordance with the old access law and Gas Code despite the repeal of the old access law and Gas Code.\n(sch.3-sec.42-ssec.2) However, despite anything to the contrary in the old access law and Gas Code, a non-finalised access dispute is to be dealt with by the dispute resolution body and for that purpose— every reference to an arbitrator in Part 4 of the old access law and in the Gas Code is to be read as a reference to the dispute resolution body; and anything done in relation to a non-finalised access dispute by an arbitrator before the commencement day is deemed to have been done by the dispute resolution body; and the dispute resolution body may, in relation to a particular non-finalised access dispute, have regard to any record of the arbitrator conducting the arbitration of that non-finalised access dispute; and the arbitrator must stop conducting the arbitration and give the dispute resolution body all documents the arbitrator has created for the purposes of, or received in, the arbitration.\n(sch.3-sec.42-ssec.3) In this clause— non-finalised access dispute means an access dispute within the meaning of section 14 of the old access law that has arisen and not been finally determined under Part 4 of the old access law and Gas Code before the commencement day.\n- (a) every reference to an arbitrator in Part 4 of the old access law and in the Gas Code is to be read as a reference to the dispute resolution body; and\n- (b) anything done in relation to a non-finalised access dispute by an arbitrator before the commencement day is deemed to have been done by the dispute resolution body; and\n- (c) the dispute resolution body may, in relation to a particular non-finalised access dispute, have regard to any record of the arbitrator conducting the arbitration of that non-finalised access dispute; and\n- (d) the arbitrator must stop conducting the arbitration and give the dispute resolution body all documents the arbitrator has created for the purposes of, or received in, the arbitration.","sortOrder":877},{"sectionNumber":"sch.3-pt.8","sectionType":"part","heading":"Investigations and proceedings","content":"# Investigations and proceedings","sortOrder":878},{"sectionNumber":"sch.3-sec.43","sectionType":"section","heading":"Investigations into breaches and possible breaches of the old access law or Gas Code","content":"### sch.3-sec.43 Investigations into breaches and possible breaches of the old access law or Gas Code\n\nOn and after the commencement day, a relevant Regulator investigation may be conducted and completed by the AER in accordance with this Law, the Regulations and the Rules as if that investigation were commenced by the AER under this Law, the Regulations and the Rules.\nIn this clause—\nrelevant Regulator investigation means an investigation into a breach or possible breach of the old access law or Gas Code that—\nhas been commenced by a relevant Regulator before the commencement day; and\nhas not been completed by the relevant Regulator before the commencement day.\n(sch.3-sec.43-ssec.1) On and after the commencement day, a relevant Regulator investigation may be conducted and completed by the AER in accordance with this Law, the Regulations and the Rules as if that investigation were commenced by the AER under this Law, the Regulations and the Rules.\n(sch.3-sec.43-ssec.2) In this clause— relevant Regulator investigation means an investigation into a breach or possible breach of the old access law or Gas Code that— has been commenced by a relevant Regulator before the commencement day; and has not been completed by the relevant Regulator before the commencement day.\n- (a) has been commenced by a relevant Regulator before the commencement day; and\n- (b) has not been completed by the relevant Regulator before the commencement day.","sortOrder":879},{"sectionNumber":"sch.3-sec.44","sectionType":"section","heading":"AER may conduct investigations into breaches or possible breaches of Gas Pipelines Access Law not investigated by a relevant Regulator","content":"### sch.3-sec.44 AER may conduct investigations into breaches or possible breaches of Gas Pipelines Access Law not investigated by a relevant Regulator\n\nDespite anything to the contrary in this Schedule, the AER may, on and after the commencement day, conduct an investigation into a breach or possible breach of the old access law or the Gas Code.\nThe AER may conduct an investigation referred to in subclause (1) as if it were an investigation into a breach of this Law, and for that purpose, may exercise all of the powers it has under this Law relating to investigations into breaches or possible breaches under this Law.\n(sch.3-sec.44-ssec.1) Despite anything to the contrary in this Schedule, the AER may, on and after the commencement day, conduct an investigation into a breach or possible breach of the old access law or the Gas Code.\n(sch.3-sec.44-ssec.2) The AER may conduct an investigation referred to in subclause (1) as if it were an investigation into a breach of this Law, and for that purpose, may exercise all of the powers it has under this Law relating to investigations into breaches or possible breaches under this Law.","sortOrder":880},{"sectionNumber":"sch.3-sec.45","sectionType":"section","heading":"AER may bring proceedings in relation to breaches of old access law and Gas Code","content":"### sch.3-sec.45 AER may bring proceedings in relation to breaches of old access law and Gas Code\n\nIn this clause—\nAER breach investigation means an investigation conducted and completed by the AER in accordance with clause 43 or 44.\nOn and after the commencement day, the AER may bring proceedings in the Court in respect of an AER breach investigation.\nDespite anything to the contrary in clause 2 or the repeal of the old access law and Gas Code, Part 5 of the old access law applies to a proceeding under this clause as if—\na reference in that Part to a relevant Regulator or the ACCC were a reference to the AER; and\nregulation 5 of, and Schedule 2 to, the Gas Pipelines Access (South Australia) Regulations 1999 were not revoked.\n(sch.3-sec.45-ssec.1) In this clause— AER breach investigation means an investigation conducted and completed by the AER in accordance with clause 43 or 44.\n(sch.3-sec.45-ssec.2) On and after the commencement day, the AER may bring proceedings in the Court in respect of an AER breach investigation.\n(sch.3-sec.45-ssec.3) Despite anything to the contrary in clause 2 or the repeal of the old access law and Gas Code, Part 5 of the old access law applies to a proceeding under this clause as if— a reference in that Part to a relevant Regulator or the ACCC were a reference to the AER; and regulation 5 of, and Schedule 2 to, the Gas Pipelines Access (South Australia) Regulations 1999 were not revoked.\n- (a) a reference in that Part to a relevant Regulator or the ACCC were a reference to the AER; and\n- (b) regulation 5 of, and Schedule 2 to, the Gas Pipelines Access (South Australia) Regulations 1999 were not revoked.","sortOrder":881},{"sectionNumber":"sch.3-pt.9","sectionType":"part","heading":"Associate contracts","content":"# Associate contracts","sortOrder":882},{"sectionNumber":"sch.3-sec.46","sectionType":"section","heading":"Pending associate contract approvals that are approved after commencement day","content":"### sch.3-sec.46 Pending associate contract approvals that are approved after commencement day\n\nThis clause applies if on the commencement day—\nthere is a proposed associate contract (within the meaning of section 10.8 of the Gas Code) with a relevant Regulator for approval; and\nthe relevant Regulator has not made a decision approving or not approving the proposed associate contract.\nThe relevant Regulator must, despite the repeal of the old access law and the Gas Code, take action in relation to that proposed associate contract under section 7.1 to 7.6 of the Gas Code as if the old access law and Gas Code continued to apply.\nIf the relevant Regulator decides to approve the proposed associate contract under section 7.1 to 7.6 of the Gas Code, that associate contract is deemed to be an approved associate contract on, as the case requires—\nthe day the relevant Regulator approves the associate contract in accordance with those sections; or\nthe day the relevant Regulator is deemed to have approved the associate contract by operation of those sections.\n(sch.3-sec.46-ssec.1) This clause applies if on the commencement day— there is a proposed associate contract (within the meaning of section 10.8 of the Gas Code) with a relevant Regulator for approval; and the relevant Regulator has not made a decision approving or not approving the proposed associate contract.\n(sch.3-sec.46-ssec.2) The relevant Regulator must, despite the repeal of the old access law and the Gas Code, take action in relation to that proposed associate contract under section 7.1 to 7.6 of the Gas Code as if the old access law and Gas Code continued to apply.\n(sch.3-sec.46-ssec.3) If the relevant Regulator decides to approve the proposed associate contract under section 7.1 to 7.6 of the Gas Code, that associate contract is deemed to be an approved associate contract on, as the case requires— the day the relevant Regulator approves the associate contract in accordance with those sections; or the day the relevant Regulator is deemed to have approved the associate contract by operation of those sections.\n- (a) there is a proposed associate contract (within the meaning of section 10.8 of the Gas Code) with a relevant Regulator for approval; and\n- (b) the relevant Regulator has not made a decision approving or not approving the proposed associate contract.\n- (a) the day the relevant Regulator approves the associate contract in accordance with those sections; or\n- (b) the day the relevant Regulator is deemed to have approved the associate contract by operation of those sections.","sortOrder":883},{"sectionNumber":"sch.3-sec.47","sectionType":"section","heading":"Pending associate contracts approvals that are not approved","content":"### sch.3-sec.47 Pending associate contracts approvals that are not approved\n\nThis clause applies if the relevant Regulator decides not to approve a proposed associate contract under clause 46.\nIf an application is not made under section 38 of the old access law for a review of the decision within the time specified by that section, the proposed associate contract is deemed not to be an approved associate contract on the day after the last day an application could have been made under that section.\nIf an application is made under section 38 of the old access law for a review of the decision but the relevant appeals body refuses to review the decision in accordance with section 38 (11) of the old access law, the proposed associate contract is deemed not to be an approved associate contract on the day on which the determination of the relevant appeals body takes effect.\nIf—\nan application is made under section 38 of the old access law for a review of the decision; and\nthe relevant appeals body, by determination, affirms the decision,\nthe proposed associate contract is deemed not to be an approved associate contract on the day on which the determination of the relevant appeals body affirming the decision takes effect.\nIf—\nan application is made under section 38 of the old access law for a review of the decision; and\nthe relevant appeals body makes a determination that sets aside the decision and remits the matter to the relevant Regulator for the Regulator to make a decision again in respect of the matter,\nthe relevant Regulator must make a decision under clause 46.\nIf—\nan application is made under section 38 of the old access law for a review of the decision; and\nthe relevant appeals body makes a determination that sets aside the decision and approves the associate contract,\nthe proposed associate contract to which the determination relates is deemed to be, on the day the determination takes effect, an approved associate contract.\n(sch.3-sec.47-ssec.1) This clause applies if the relevant Regulator decides not to approve a proposed associate contract under clause 46.\n(sch.3-sec.47-ssec.2) If an application is not made under section 38 of the old access law for a review of the decision within the time specified by that section, the proposed associate contract is deemed not to be an approved associate contract on the day after the last day an application could have been made under that section.\n(sch.3-sec.47-ssec.3) If an application is made under section 38 of the old access law for a review of the decision but the relevant appeals body refuses to review the decision in accordance with section 38 (11) of the old access law, the proposed associate contract is deemed not to be an approved associate contract on the day on which the determination of the relevant appeals body takes effect.\n(sch.3-sec.47-ssec.4) If— an application is made under section 38 of the old access law for a review of the decision; and the relevant appeals body, by determination, affirms the decision, the proposed associate contract is deemed not to be an approved associate contract on the day on which the determination of the relevant appeals body affirming the decision takes effect.\n(sch.3-sec.47-ssec.5) If— an application is made under section 38 of the old access law for a review of the decision; and the relevant appeals body makes a determination that sets aside the decision and remits the matter to the relevant Regulator for the Regulator to make a decision again in respect of the matter, the relevant Regulator must make a decision under clause 46.\n(sch.3-sec.47-ssec.6) If— an application is made under section 38 of the old access law for a review of the decision; and the relevant appeals body makes a determination that sets aside the decision and approves the associate contract, the proposed associate contract to which the determination relates is deemed to be, on the day the determination takes effect, an approved associate contract.\n- (a) an application is made under section 38 of the old access law for a review of the decision; and\n- (b) the relevant appeals body, by determination, affirms the decision,\n- (a) an application is made under section 38 of the old access law for a review of the decision; and\n- (b) the relevant appeals body makes a determination that sets aside the decision and remits the matter to the relevant Regulator for the Regulator to make a decision again in respect of the matter,\n- (a) an application is made under section 38 of the old access law for a review of the decision; and\n- (b) the relevant appeals body makes a determination that sets aside the decision and approves the associate contract,","sortOrder":884},{"sectionNumber":"sch.3-sec.48","sectionType":"section","heading":"Approved associate contracts","content":"### sch.3-sec.48 Approved associate contracts\n\nOn the commencement day, an associate contract (within the meaning of section 10.8 of the Gas Code)—\nin effect immediately before that day; and\nthat has been approved by a relevant Regulator under section 7 of the Gas Code,\nis deemed to be an approved associate contract.\nOn the commencement day, an associate contract (within the meaning of section 10.8 of the Gas Code)—\nin effect immediately before that day; and\nthat has been deemed to have been approved by operation of section 7 of the Gas Code,\nis deemed to be an approved associate contract.\n(sch.3-sec.48-ssec.1) On the commencement day, an associate contract (within the meaning of section 10.8 of the Gas Code)— in effect immediately before that day; and that has been approved by a relevant Regulator under section 7 of the Gas Code, is deemed to be an approved associate contract.\n(sch.3-sec.48-ssec.2) On the commencement day, an associate contract (within the meaning of section 10.8 of the Gas Code)— in effect immediately before that day; and that has been deemed to have been approved by operation of section 7 of the Gas Code, is deemed to be an approved associate contract.\n- (a) in effect immediately before that day; and\n- (b) that has been approved by a relevant Regulator under section 7 of the Gas Code,\n- (a) in effect immediately before that day; and\n- (b) that has been deemed to have been approved by operation of section 7 of the Gas Code,","sortOrder":885},{"sectionNumber":"sch.3-pt.10","sectionType":"part","heading":"Other","content":"# Other","sortOrder":886},{"sectionNumber":"sch.3-sec.49","sectionType":"section","heading":"Pending and final tender approval requests lapse","content":"### sch.3-sec.49 Pending and final tender approval requests lapse\n\nOn the commencement day, every Tender Approval Request (within meaning of section 10.8 of the Gas Code), in respect of which a decision has not been made under section 3.25 of the Gas Code immediately before that day, lapses.\nOn the commencement day, every Final Approval Request (within the meaning of section 3.29 of the Gas Code), in respect of which a decision has not been made under that section immediately before that day, lapses.\n(sch.3-sec.49-ssec.1) On the commencement day, every Tender Approval Request (within meaning of section 10.8 of the Gas Code), in respect of which a decision has not been made under section 3.25 of the Gas Code immediately before that day, lapses.\n(sch.3-sec.49-ssec.2) On the commencement day, every Final Approval Request (within the meaning of section 3.29 of the Gas Code), in respect of which a decision has not been made under that section immediately before that day, lapses.","sortOrder":887},{"sectionNumber":"sch.3-sec.50","sectionType":"section","heading":"Decisions approving final approval requests","content":"### sch.3-sec.50 Decisions approving final approval requests\n\nThis section applies if before, or on, the commencement day a relevant Regulator has made or makes a decision under section 3.32 of the Gas Code that approves a Final Approval Request (within the meaning of section 10.8 of the Gas Code).\nOn the commencement day—\nthe decision of the relevant Regulator is deemed to be a tender approval decision that has become irrevocable by operation of the Rules; and\nthe pipeline to which the decision relates is deemed to be a covered pipeline.\n(sch.3-sec.50-ssec.1) This section applies if before, or on, the commencement day a relevant Regulator has made or makes a decision under section 3.32 of the Gas Code that approves a Final Approval Request (within the meaning of section 10.8 of the Gas Code).\n(sch.3-sec.50-ssec.2) On the commencement day— the decision of the relevant Regulator is deemed to be a tender approval decision that has become irrevocable by operation of the Rules; and the pipeline to which the decision relates is deemed to be a covered pipeline.\n- (a) the decision of the relevant Regulator is deemed to be a tender approval decision that has become irrevocable by operation of the Rules; and\n- (b) the pipeline to which the decision relates is deemed to be a covered pipeline.","sortOrder":888},{"sectionNumber":"sch.3-sec.51","sectionType":"section","heading":"Rights under certain change of law provisions in agreements or deeds not to be triggered","content":"### sch.3-sec.51 Rights under certain change of law provisions in agreements or deeds not to be triggered\n\nThe repeal of the old access law and the Gas Code, and the commencement of this Law and the initial National Gas Rules, is not to be regarded as a change of law (however defined) under any agreement or deed in effect on the commencement day.\nSubclause (1) applies despite any provision in any agreement or deed to the contrary.\n(sch.3-sec.51-ssec.1) The repeal of the old access law and the Gas Code, and the commencement of this Law and the initial National Gas Rules, is not to be regarded as a change of law (however defined) under any agreement or deed in effect on the commencement day.\n(sch.3-sec.51-ssec.2) Subclause (1) applies despite any provision in any agreement or deed to the contrary.","sortOrder":889},{"sectionNumber":"sch.3-sec.52","sectionType":"section","heading":"References to relevant Regulator in access arrangements","content":"### sch.3-sec.52 References to relevant Regulator in access arrangements\n\nOn the commencement day, unless the context otherwise requires, every reference to a relevant Regulator in a current access arrangement deemed under Part 4 of this Schedule to be a full access arrangement or a limited access arrangement is deemed to be a reference to the AER.","sortOrder":890},{"sectionNumber":"sch.3-sec.53","sectionType":"section","heading":"Old scheme classifications and scheme participant determinations","content":"### sch.3-sec.53 Old scheme classifications and scheme participant determinations\n\nOn the commencement day, every old scheme classification and scheme participant determination applying to an old scheme covered pipeline is deemed to be an initial classification decision (within the meaning of section 98(1)).\nIn this clause—\nold scheme classification and scheme participant determination means—\na classification and determination under section 10 (5)(a) of the old access law; or\na determination under section 10 (5)(b) of the old access law; or\na classification and determination under section 11 (3) of the old access law.\n(sch.3-sec.53-ssec.1) On the commencement day, every old scheme classification and scheme participant determination applying to an old scheme covered pipeline is deemed to be an initial classification decision (within the meaning of section 98(1)).\n(sch.3-sec.53-ssec.2) In this clause— old scheme classification and scheme participant determination means— a classification and determination under section 10 (5)(a) of the old access law; or a determination under section 10 (5)(b) of the old access law; or a classification and determination under section 11 (3) of the old access law.\n- (a) a classification and determination under section 10 (5)(a) of the old access law; or\n- (b) a determination under section 10 (5)(b) of the old access law; or\n- (c) a classification and determination under section 11 (3) of the old access law.","sortOrder":891},{"sectionNumber":"sch.3-pt.11","sectionType":"part","heading":"Transitional provisions related to AEMO’s new functions and its assumption of role of former gas market operators","content":"# Transitional provisions related to AEMO’s new functions and its assumption of role of former gas market operators","sortOrder":892},{"sectionNumber":"sch.3-pt.11-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":893},{"sectionNumber":"sch.3-sec.54","sectionType":"section","heading":"Definitions","content":"### sch.3-sec.54 Definitions\n\nIn this Part—\nAEMO T means Australian Energy Market Operator (Transitional) Ltd (ACN 132 770 104);\nasset means tangible or intangible real or personal property of any description and includes—\na present, future or contingent legal or equitable interest in real or personal property;\na chose in action;\na right, power, privilege or immunity;\ngoodwill;\na security;\nmoney;\ndocuments;\ninformation (including data and records) in any form;\ncommencement date means the date on which this Part comes into operation;\ncurrent rules means the provisions of this Law, the Rules and the Procedures;\nestablishment expenditure means expenditure incurred by the Commonwealth, AEMO T, AEMO and the former gas market operators in or in relation to the establishment of AEMO or the assumption of its statutory functions;\nformer gas market operator includes VENCorp but only in its former capacity as operator of the Natural Gas Services Bulletin Board;\nGMC means Gas Market Company Limited (ACN 095 400 258);\nliability means a monetary or non-monetary obligation and includes a future or contingent obligation;\nproperty includes intellectual property;\nrelevant legislative innovations means—\nthe AEMO amendments to this Law; and\nthe AEMO amendments to the Rules;\nrule change proposal means a proposal for making, amending or revoking a rule.\nsch 3 s 54 ins 2009 No. 30 (SA) s 49\n- (a) a present, future or contingent legal or equitable interest in real or personal property;\n- (b) a chose in action;\n- (c) a right, power, privilege or immunity;\n- (d) goodwill;\n- (e) a security;\n- (f) money;\n- (g) documents;\n- (h) information (including data and records) in any form;\n- (a) the AEMO amendments to this Law; and\n- (b) the AEMO amendments to the Rules;","sortOrder":894},{"sectionNumber":"sch.3-pt.11-div.2","sectionType":"division","heading":"General provisions","content":"## General provisions","sortOrder":895},{"sectionNumber":"sch.3-sec.55","sectionType":"section","heading":"Saving operation of superseded jurisdictional rules","content":"### sch.3-sec.55 Saving operation of superseded jurisdictional rules\n\nSubject to this Schedule, the repeal of the superseded jurisdictional rules does not—\nrevive anything not in force or existing at the time the repeal takes effect; or\naffect the previous operation of the superseded jurisdictional rules or anything suffered, done or begun under or in accordance with the superseded jurisdictional rules; or\naffect a right, privilege or liability acquired, accrued or incurred under the superseded jurisdictional rules; or\naffect a penalty incurred for an offence arising under the superseded jurisdictional rules; or\naffect an investigation, proceeding or remedy in relation to such a right, privilege, liability or penalty.\nSubject to this Schedule, any such penalty may be imposed and enforced, and any such investigation, proceeding or remedy may be begun, continued or enforced, as if the superseded jurisdictional rules had continued in force.\nsch 3 s 55 ins 2009 No. 30 (SA) s 49\n(sch.3-sec.55-ssec.1) Subject to this Schedule, the repeal of the superseded jurisdictional rules does not— revive anything not in force or existing at the time the repeal takes effect; or affect the previous operation of the superseded jurisdictional rules or anything suffered, done or begun under or in accordance with the superseded jurisdictional rules; or affect a right, privilege or liability acquired, accrued or incurred under the superseded jurisdictional rules; or affect a penalty incurred for an offence arising under the superseded jurisdictional rules; or affect an investigation, proceeding or remedy in relation to such a right, privilege, liability or penalty.\n(sch.3-sec.55-ssec.2) Subject to this Schedule, any such penalty may be imposed and enforced, and any such investigation, proceeding or remedy may be begun, continued or enforced, as if the superseded jurisdictional rules had continued in force.\n- (a) revive anything not in force or existing at the time the repeal takes effect; or\n- (b) affect the previous operation of the superseded jurisdictional rules or anything suffered, done or begun under or in accordance with the superseded jurisdictional rules; or\n- (c) affect a right, privilege or liability acquired, accrued or incurred under the superseded jurisdictional rules; or\n- (d) affect a penalty incurred for an offence arising under the superseded jurisdictional rules; or\n- (e) affect an investigation, proceeding or remedy in relation to such a right, privilege, liability or penalty.","sortOrder":896},{"sectionNumber":"sch.3-sec.56","sectionType":"section","heading":"Transitional provisions governing accrued and accruing rights, liabilities etc","content":"### sch.3-sec.56 Transitional provisions governing accrued and accruing rights, liabilities etc\n\nA reference in a document (including a legislative instrument) to the superseded jurisdictional rules or a particular provision of the superseded jurisdictional rules is (where the context permits) taken to be a reference to the current rules or the corresponding provision of the current rules (as the case requires).\nAn action taken under, or for the purposes of, the superseded jurisdictional rules is taken to be an action taken under, or for the purposes of, the corresponding provisions of the current rules.\nIn particular—\nan administrative process commenced by the jurisdictional regulator or a former gas market operator before the relevant changeover date may be continued and completed by AEMO or the AER (as the case requires) under the current rules; and\nconsultation commenced before the relevant changeover date under the superseded jurisdictional rules may be continued and completed under the corresponding provisions of the current rules; and\na period that had, at the relevant changeover date, partially elapsed under the superseded jurisdictional rules is, from the relevant changeover date, taken to be part of the corresponding period (if any) under the current rules as if the current rules had been in force when the relevant period began to run.\nA right or privilege that had accrued or was accruing under the superseded jurisdictional rules as at the relevant changeover date is taken to be an accrued or accruing right or privilege under the corresponding provisions of the current rules.\nA liability, obligation or penalty incurred under the superseded jurisdictional rules before the relevant changeover date is, after the relevant changeover date, taken to be a liability, obligation or penalty incurred under the corresponding provisions of the current rules.\nA jurisdictional regulator must not take or continue action that can be continued and completed by AEMO or the AER under this clause.\nsch 3 s 56 ins 2009 No. 30 (SA) s 49\n(sch.3-sec.56-ssec.1) A reference in a document (including a legislative instrument) to the superseded jurisdictional rules or a particular provision of the superseded jurisdictional rules is (where the context permits) taken to be a reference to the current rules or the corresponding provision of the current rules (as the case requires).\n(sch.3-sec.56-ssec.2) An action taken under, or for the purposes of, the superseded jurisdictional rules is taken to be an action taken under, or for the purposes of, the corresponding provisions of the current rules.\n(sch.3-sec.56-ssec.3) In particular— an administrative process commenced by the jurisdictional regulator or a former gas market operator before the relevant changeover date may be continued and completed by AEMO or the AER (as the case requires) under the current rules; and consultation commenced before the relevant changeover date under the superseded jurisdictional rules may be continued and completed under the corresponding provisions of the current rules; and a period that had, at the relevant changeover date, partially elapsed under the superseded jurisdictional rules is, from the relevant changeover date, taken to be part of the corresponding period (if any) under the current rules as if the current rules had been in force when the relevant period began to run.\n(sch.3-sec.56-ssec.4) A right or privilege that had accrued or was accruing under the superseded jurisdictional rules as at the relevant changeover date is taken to be an accrued or accruing right or privilege under the corresponding provisions of the current rules.\n(sch.3-sec.56-ssec.5) A liability, obligation or penalty incurred under the superseded jurisdictional rules before the relevant changeover date is, after the relevant changeover date, taken to be a liability, obligation or penalty incurred under the corresponding provisions of the current rules.\n(sch.3-sec.56-ssec.6) A jurisdictional regulator must not take or continue action that can be continued and completed by AEMO or the AER under this clause.\n- (a) an administrative process commenced by the jurisdictional regulator or a former gas market operator before the relevant changeover date may be continued and completed by AEMO or the AER (as the case requires) under the current rules; and\n- (b) consultation commenced before the relevant changeover date under the superseded jurisdictional rules may be continued and completed under the corresponding provisions of the current rules; and\n- (c) a period that had, at the relevant changeover date, partially elapsed under the superseded jurisdictional rules is, from the relevant changeover date, taken to be part of the corresponding period (if any) under the current rules as if the current rules had been in force when the relevant period began to run.","sortOrder":897},{"sectionNumber":"sch.3-sec.57","sectionType":"section","heading":"Investigations","content":"### sch.3-sec.57 Investigations\n\nThe AER may investigate a breach or possible breach of the superseded jurisdictional rules.\nIf an investigation of a breach or possible breach of the superseded jurisdictional rules had commenced but had not been completed before the relevant changeover date, the AER may continue and complete the investigation.\nThe AER must conduct or continue an investigation under this clause as if it were an investigation into a breach of this Law, and for that purpose, may exercise all the powers it has under this Law relating to investigations into breaches or possible breaches of this Law.\nsch 3 s 57 ins 2009 No. 30 (SA) s 49\n(sch.3-sec.57-ssec.1) The AER may investigate a breach or possible breach of the superseded jurisdictional rules.\n(sch.3-sec.57-ssec.2) If an investigation of a breach or possible breach of the superseded jurisdictional rules had commenced but had not been completed before the relevant changeover date, the AER may continue and complete the investigation.\n(sch.3-sec.57-ssec.3) The AER must conduct or continue an investigation under this clause as if it were an investigation into a breach of this Law, and for that purpose, may exercise all the powers it has under this Law relating to investigations into breaches or possible breaches of this Law.","sortOrder":898},{"sectionNumber":"sch.3-sec.58","sectionType":"section","heading":"Proceedings for breach of superseded jurisdictional rules","content":"### sch.3-sec.58 Proceedings for breach of superseded jurisdictional rules\n\nThe AER may commence proceedings, or take any other action contemplated by the superseded jurisdictional rules, for a breach of the superseded jurisdictional rules occurring before the relevant changeover date.\nThe AER may continue and complete proceedings or other action for a breach of the superseded jurisdictional rules that had been commenced but not completed by the relevant changeover date.\nThe superseded jurisdictional rules govern the commencement, continuation, completion or determination of any such proceedings or action as if they had continued in force (subject to necessary adaptations and modifications) for the purposes of the proceedings or other action.\nsch 3 s 58 ins 2009 No. 30 (SA) s 49\n(sch.3-sec.58-ssec.1) The AER may commence proceedings, or take any other action contemplated by the superseded jurisdictional rules, for a breach of the superseded jurisdictional rules occurring before the relevant changeover date.\n(sch.3-sec.58-ssec.2) The AER may continue and complete proceedings or other action for a breach of the superseded jurisdictional rules that had been commenced but not completed by the relevant changeover date.\n(sch.3-sec.58-ssec.3) The superseded jurisdictional rules govern the commencement, continuation, completion or determination of any such proceedings or action as if they had continued in force (subject to necessary adaptations and modifications) for the purposes of the proceedings or other action.","sortOrder":899},{"sectionNumber":"sch.3-sec.59","sectionType":"section","heading":"Dispute resolution","content":"### sch.3-sec.59 Dispute resolution\n\nA dispute arising from circumstances occurring before the relevant changeover date is, subject to subclause (2), to be dealt with as a rule dispute.\nIf—\nproceedings for the resolution of a dispute had commenced under the superseded jurisdictional rules before the relevant changeover date; and\nthe dispute arises from circumstances occurring in Queensland or Victoria,\nthe proceedings are to be continued and completed in accordance with the superseded jurisdictional rules (subject however to adaptations and modifications necessary to allow for the participation in the dispute resolution process of the dispute resolution authorities envisaged by the current rules).\nsch 3 s 59 ins 2009 No. 30 (SA) s 49\n(sch.3-sec.59-ssec.1) A dispute arising from circumstances occurring before the relevant changeover date is, subject to subclause (2), to be dealt with as a rule dispute.\n(sch.3-sec.59-ssec.2) If— proceedings for the resolution of a dispute had commenced under the superseded jurisdictional rules before the relevant changeover date; and the dispute arises from circumstances occurring in Queensland or Victoria, the proceedings are to be continued and completed in accordance with the superseded jurisdictional rules (subject however to adaptations and modifications necessary to allow for the participation in the dispute resolution process of the dispute resolution authorities envisaged by the current rules).\n- (a) proceedings for the resolution of a dispute had commenced under the superseded jurisdictional rules before the relevant changeover date; and\n- (b) the dispute arises from circumstances occurring in Queensland or Victoria,","sortOrder":900},{"sectionNumber":"sch.3-sec.60","sectionType":"section","heading":"Registered participants","content":"### sch.3-sec.60 Registered participants\n\nA person to whom this clause applies becomes a Registered participant on the relevant changeover date.\nThis clause applies to—\na person listed in the Regulations as a person to be automatically registered as a Registered participant; and\na person of a class specified in the Regulations as a class of persons to be automatically registered as Registered participants.\nsch 3 s 60 ins 2009 No. 30 (SA) s 49\n(sch.3-sec.60-ssec.1) A person to whom this clause applies becomes a Registered participant on the relevant changeover date.\n(sch.3-sec.60-ssec.2) This clause applies to— a person listed in the Regulations as a person to be automatically registered as a Registered participant; and a person of a class specified in the Regulations as a class of persons to be automatically registered as Registered participants.\n- (a) a person listed in the Regulations as a person to be automatically registered as a Registered participant; and\n- (b) a person of a class specified in the Regulations as a class of persons to be automatically registered as Registered participants.","sortOrder":901},{"sectionNumber":"sch.3-sec.61","sectionType":"section","heading":"Instruments made by former gas market operators","content":"### sch.3-sec.61 Instruments made by former gas market operators\n\nA procedure, guideline, directive, approval, determination or other instrument of a legislative or administrative character—\nmade by a former gas market operator under the superseded jurisdictional rules; and\nin force immediately before the relevant changeover date,\ncontinues in force, subject to amendment or revocation by AEMO, as if made by AEMO under the current rules.\nHowever, this clause does not apply to an instrument of a kind that could not have been made under the current rules assuming they had been in force when the instrument was created.\nsch 3 s 61 ins 2009 No. 30 (SA) s 49\n(sch.3-sec.61-ssec.1) A procedure, guideline, directive, approval, determination or other instrument of a legislative or administrative character— made by a former gas market operator under the superseded jurisdictional rules; and in force immediately before the relevant changeover date, continues in force, subject to amendment or revocation by AEMO, as if made by AEMO under the current rules.\n(sch.3-sec.61-ssec.2) However, this clause does not apply to an instrument of a kind that could not have been made under the current rules assuming they had been in force when the instrument was created.\n- (a) made by a former gas market operator under the superseded jurisdictional rules; and\n- (b) in force immediately before the relevant changeover date,","sortOrder":902},{"sectionNumber":"sch.3-sec.62","sectionType":"section","heading":"Rule change proposals","content":"### sch.3-sec.62 Rule change proposals\n\nSubject to this clause, a rule change proposal under the superseded jurisdictional rules that was current at the relevant changeover date is to be dealt with as follows:\nif the proposal lies within the scope of the Rules—it is to be dealt with as a request for the making of a Rule;\nif the proposal lies within the scope of the Procedures—it is to be dealt with as a request for the making of a Procedure.\nThe AEMC or AEMO (as the case requires) may dispense with a particular step in the process for making a Rule or a Procedure if it is of the opinion that the relevant step is unnecessary because no equivalent step existed under the superseded jurisdictional rules or the same or a similar step has already been taken under the superseded jurisdictional rules.\nOn giving a dispensation under subclause (2), the AEMC or AEMO (as the case requires) must publish notice of its decision to do so on its website and in a newspaper circulating throughout Australia.\nsch 3 s 62 ins 2009 No. 30 (SA) s 49\n(sch.3-sec.62-ssec.1) Subject to this clause, a rule change proposal under the superseded jurisdictional rules that was current at the relevant changeover date is to be dealt with as follows: if the proposal lies within the scope of the Rules—it is to be dealt with as a request for the making of a Rule; if the proposal lies within the scope of the Procedures—it is to be dealt with as a request for the making of a Procedure.\n(sch.3-sec.62-ssec.2) The AEMC or AEMO (as the case requires) may dispense with a particular step in the process for making a Rule or a Procedure if it is of the opinion that the relevant step is unnecessary because no equivalent step existed under the superseded jurisdictional rules or the same or a similar step has already been taken under the superseded jurisdictional rules.\n(sch.3-sec.62-ssec.3) On giving a dispensation under subclause (2), the AEMC or AEMO (as the case requires) must publish notice of its decision to do so on its website and in a newspaper circulating throughout Australia.\n- (a) if the proposal lies within the scope of the Rules—it is to be dealt with as a request for the making of a Rule;\n- (b) if the proposal lies within the scope of the Procedures—it is to be dealt with as a request for the making of a Procedure.","sortOrder":903},{"sectionNumber":"sch.3-sec.63","sectionType":"section","heading":"Incompatibility between request for the making of Rule or Procedure and Minister-initiated Rule or Procedure","content":"### sch.3-sec.63 Incompatibility between request for the making of Rule or Procedure and Minister-initiated Rule or Procedure\n\nThe AEMC or AEMO (as the case requires) may reject a request for making a Rule or Procedure if the request relates to a Rule that is to be revoked by a Minister-initiated Rule or Procedure that has been made but is yet to come into operation.\nIf an existing Rule is to be amended or substituted by a Minister-initiated Rule or Procedure that has been made but is yet to come into operation, the AEMC or AEMO (as the case requires) may treat a request for making a Rule or Procedure relating to the relevant existing Rule as if the request related to that Rule as amended or substituted.\nIf the AEMC or AEMO (as the case requires) decides to act under this clause, it must—\ninform the person that made the request of the decision; and\ngive that person written reasons for the decision.\nIn this clause—\nMinister-initiated Rule or Procedure means a Rule or Procedure made under Chapter 9 Part 2;\nRule includes (where the context admits) a superseded jurisdictional rule.\nsch 3 s 63 ins 2009 No. 30 (SA) s 49\n(sch.3-sec.63-ssec.1) The AEMC or AEMO (as the case requires) may reject a request for making a Rule or Procedure if the request relates to a Rule that is to be revoked by a Minister-initiated Rule or Procedure that has been made but is yet to come into operation.\n(sch.3-sec.63-ssec.2) If an existing Rule is to be amended or substituted by a Minister-initiated Rule or Procedure that has been made but is yet to come into operation, the AEMC or AEMO (as the case requires) may treat a request for making a Rule or Procedure relating to the relevant existing Rule as if the request related to that Rule as amended or substituted.\n(sch.3-sec.63-ssec.3) If the AEMC or AEMO (as the case requires) decides to act under this clause, it must— inform the person that made the request of the decision; and give that person written reasons for the decision.\n(sch.3-sec.63-ssec.4) In this clause— Minister-initiated Rule or Procedure means a Rule or Procedure made under Chapter 9 Part 2; Rule includes (where the context admits) a superseded jurisdictional rule.\n- (a) inform the person that made the request of the decision; and\n- (b) give that person written reasons for the decision.","sortOrder":904},{"sectionNumber":"sch.3-sec.64","sectionType":"section","heading":"Natural Gas Services Bulletin Board","content":"### sch.3-sec.64 Natural Gas Services Bulletin Board\n\nThe website to be maintained by AEMO as the Natural Gas Services Bulletin Board is to be, in the first instance, the website maintained as the Natural Gas Services Bulletin Board immediately before the commencement date.\nsch 3 s 64 ins 2009 No. 30 (SA) s 49","sortOrder":905},{"sectionNumber":"sch.3-sec.65","sectionType":"section","heading":"Publication of notices etc","content":"### sch.3-sec.65 Publication of notices etc\n\nA requirement that AEMO publish a notice or other document on its website is, for the first 12 months after the relevant changeover date, satisfied if the notice or other document is published on the website of a former gas market operator before the relevant changeover date.\nsch 3 s 65 ins 2009 No. 30 (SA) s 49","sortOrder":906},{"sectionNumber":"sch.3-sec.66","sectionType":"section","heading":"Rights under change of law provisions not to be triggered by amendments to this Law etc","content":"### sch.3-sec.66 Rights under change of law provisions not to be triggered by amendments to this Law etc\n\nAn amendment to this Law, or the making of a Rule or Procedure, is not to be regarded as a change of law under an agreement or deed in effect on the relevant changeover date.\nSubclause (1) applies despite a provision in an agreement or deed to the contrary.\nsch 3 s 66 ins 2009 No. 30 (SA) s 49\n(sch.3-sec.66-ssec.1) An amendment to this Law, or the making of a Rule or Procedure, is not to be regarded as a change of law under an agreement or deed in effect on the relevant changeover date.\n(sch.3-sec.66-ssec.2) Subclause (1) applies despite a provision in an agreement or deed to the contrary.","sortOrder":907},{"sectionNumber":"sch.3-pt.11-div.3","sectionType":"division","heading":"Transfer of assets and liabilities of GMC and AEMO T","content":"## Transfer of assets and liabilities of GMC and AEMO T","sortOrder":908},{"sectionNumber":"sch.3-sec.67","sectionType":"section","heading":"Transfer of assets and liabilities","content":"### sch.3-sec.67 Transfer of assets and liabilities\n\nThe NSW Minister may, by instrument in writing (an allocation order ), transfer any of GMC’s assets and liabilities to AEMO.\nAn allocation order takes effect from a date (which may be earlier than the date of the order) specified in the order.\nIf it appears to the NSW Minister that assets or liabilities have been transferred in error to AEMO under this clause, the Minister may, by instrument in writing (a claw back order ), re-transfer assets or liabilities transferred under this clause from AEMO to GMC.\nA claw back order—\nmust be made within 12 months after the date of the allocation order; and\ntakes effect from a date (which may be earlier than the date of the order) specified in the order.\nThe NSW Minister must, at least 20 business days before making a claw back order, give AEMO written notice of its intention to make the order.\nThe NSW Minister may make an allocation order, or a claw back order, in relation to assets or liabilities situated within any participating jurisdiction.\nAn allocation order or a claw back order may be made on conditions specified in the order.\nsch 3 s 67 ins 2009 No. 30 (SA) s 49\n(sch.3-sec.67-ssec.1) The NSW Minister may, by instrument in writing (an allocation order ), transfer any of GMC’s assets and liabilities to AEMO.\n(sch.3-sec.67-ssec.2) An allocation order takes effect from a date (which may be earlier than the date of the order) specified in the order.\n(sch.3-sec.67-ssec.3) If it appears to the NSW Minister that assets or liabilities have been transferred in error to AEMO under this clause, the Minister may, by instrument in writing (a claw back order ), re-transfer assets or liabilities transferred under this clause from AEMO to GMC.\n(sch.3-sec.67-ssec.4) A claw back order— must be made within 12 months after the date of the allocation order; and takes effect from a date (which may be earlier than the date of the order) specified in the order.\n(sch.3-sec.67-ssec.5) The NSW Minister must, at least 20 business days before making a claw back order, give AEMO written notice of its intention to make the order.\n(sch.3-sec.67-ssec.6) The NSW Minister may make an allocation order, or a claw back order, in relation to assets or liabilities situated within any participating jurisdiction.\n(sch.3-sec.67-ssec.7) An allocation order or a claw back order may be made on conditions specified in the order.\n- (a) must be made within 12 months after the date of the allocation order; and\n- (b) takes effect from a date (which may be earlier than the date of the order) specified in the order.","sortOrder":909},{"sectionNumber":"sch.3-sec.68","sectionType":"section","heading":"Transfer of AEMO T’s assets and liabilities","content":"### sch.3-sec.68 Transfer of AEMO T’s assets and liabilities\n\nThe South Australian Minister may, by Ministerial Gazette notice, transfer AEMO T’s assets and liabilities to AEMO on a date fixed by the notice.\nSubject to any exclusions specified in the notice, the notice will operate to transfer AEMO T’s assets and liabilities in their entirety.\nsch 3 s 68 ins 2009 No. 30 (SA) s 49\n(sch.3-sec.68-ssec.1) The South Australian Minister may, by Ministerial Gazette notice, transfer AEMO T’s assets and liabilities to AEMO on a date fixed by the notice.\n(sch.3-sec.68-ssec.2) Subject to any exclusions specified in the notice, the notice will operate to transfer AEMO T’s assets and liabilities in their entirety.","sortOrder":910},{"sectionNumber":"sch.3-sec.69","sectionType":"section","heading":"Effect of relevant transfer order","content":"### sch.3-sec.69 Effect of relevant transfer order\n\nOn the relevant date, assets and liabilities vest in the transferee named in a transfer order in accordance with the order.\nIf a transfer order provides for the transfer of the transferor’s interest in an agreement—\nthe transferee becomes on the relevant date a party to the agreement in place of the transferor; and\non and after the relevant date, the agreement has effect as if the transferee had always been a party to the agreement.\nIn this clause—\nrelevant date means—\nfor an allocation order—the date specified in the order for the transfer to take effect;\nfor a claw back order—the date specified in the order for the re-transfer to take effect;\nfor a Ministerial Gazette notice providing for the transfer of AEMO T’s assets and liabilities—the date fixed by the notice for the transfer to take effect;\ntransfer order means an allocation order, a claw back order, or a Ministerial Gazette notice under clause 68;\ntransferor means the person from whom assets and liabilities are transferred by a transfer order.\nsch 3 s 69 ins 2009 No. 30 (SA) s 49\n(sch.3-sec.69-ssec.1) On the relevant date, assets and liabilities vest in the transferee named in a transfer order in accordance with the order.\n(sch.3-sec.69-ssec.2) If a transfer order provides for the transfer of the transferor’s interest in an agreement— the transferee becomes on the relevant date a party to the agreement in place of the transferor; and on and after the relevant date, the agreement has effect as if the transferee had always been a party to the agreement.\n(sch.3-sec.69-ssec.3) In this clause— relevant date means— for an allocation order—the date specified in the order for the transfer to take effect; for a claw back order—the date specified in the order for the re-transfer to take effect; for a Ministerial Gazette notice providing for the transfer of AEMO T’s assets and liabilities—the date fixed by the notice for the transfer to take effect; transfer order means an allocation order, a claw back order, or a Ministerial Gazette notice under clause 68; transferor means the person from whom assets and liabilities are transferred by a transfer order.\n- (a) the transferee becomes on the relevant date a party to the agreement in place of the transferor; and\n- (b) on and after the relevant date, the agreement has effect as if the transferee had always been a party to the agreement.\n- (a) for an allocation order—the date specified in the order for the transfer to take effect;\n- (b) for a claw back order—the date specified in the order for the re-transfer to take effect;\n- (c) for a Ministerial Gazette notice providing for the transfer of AEMO T’s assets and liabilities—the date fixed by the notice for the transfer to take effect;","sortOrder":911},{"sectionNumber":"sch.3-sec.70","sectionType":"section","heading":"Continued effect of certain acts by GMC or AEMO T","content":"### sch.3-sec.70 Continued effect of certain acts by GMC or AEMO T\n\nAnything done, or omitted to be done, by GMC or AEMO T in relation to assets or liabilities transferred to AEMO under this Division is, if it continues to have effect as at the date of the transfer, taken to be AEMO’s act or omission.\nsch 3 s 70 ins 2009 No. 30 (SA) s 49","sortOrder":912},{"sectionNumber":"sch.3-sec.71","sectionType":"section","heading":"Continuation of proceedings","content":"### sch.3-sec.71 Continuation of proceedings\n\nProceedings commenced before 1 July 2009 by or against GMC or AEMO T may be continued and completed by or against AEMO.\nsch 3 s 71 ins 2009 No. 30 (SA) s 49","sortOrder":913},{"sectionNumber":"sch.3-sec.72","sectionType":"section","heading":"Validity and effect of things done under this Division","content":"### sch.3-sec.72 Validity and effect of things done under this Division\n\nNothing done under this Division—\nconstitutes a breach of contract or confidence, or other civil wrong; or\nplaces a person in breach of, or constitutes a default under—\na statutory or non-statutory law or obligation; or\na provision in an agreement, arrangement or understanding including (for example) a provision prohibiting, restricting or regulating the assignment, transfer, sale or disposal of property or the disclosure of information; or\nfulfils a condition that allows a person to exercise a power, right or remedy in respect of, or to terminate, an agreement or obligation; or\ngives rise to a remedy for a party to a contract or instrument because of a change in the beneficial or legal ownership of property; or\navoids a contract or instrument or renders it unenforceable; or\nfrustrates a contract; or\nreleases any surety or other obligor wholly or in part from any obligation.\nThe transfer of a liability of GMC or AEMO T under this Division releases GMC or AEMO T from the liability.\nAn allocation order or a claw back order has effect despite any other law or instrument.\nIf the books and records of GMC or AEMO T are transferred to AEMO under this Division, AEMO must—\npreserve the books and records for at least 7 years; and\nallow GMC or AEMO T, and their directors or former directors reasonable access to the books and records.\nsch 3 s 72 ins 2009 No. 30 (SA) s 49\n(sch.3-sec.72-ssec.1) Nothing done under this Division— constitutes a breach of contract or confidence, or other civil wrong; or places a person in breach of, or constitutes a default under— a statutory or non-statutory law or obligation; or a provision in an agreement, arrangement or understanding including (for example) a provision prohibiting, restricting or regulating the assignment, transfer, sale or disposal of property or the disclosure of information; or fulfils a condition that allows a person to exercise a power, right or remedy in respect of, or to terminate, an agreement or obligation; or gives rise to a remedy for a party to a contract or instrument because of a change in the beneficial or legal ownership of property; or avoids a contract or instrument or renders it unenforceable; or frustrates a contract; or releases any surety or other obligor wholly or in part from any obligation.\n(sch.3-sec.72-ssec.2) The transfer of a liability of GMC or AEMO T under this Division releases GMC or AEMO T from the liability.\n(sch.3-sec.72-ssec.3) An allocation order or a claw back order has effect despite any other law or instrument.\n(sch.3-sec.72-ssec.4) If the books and records of GMC or AEMO T are transferred to AEMO under this Division, AEMO must— preserve the books and records for at least 7 years; and allow GMC or AEMO T, and their directors or former directors reasonable access to the books and records.\n- (a) constitutes a breach of contract or confidence, or other civil wrong; or\n- (b) places a person in breach of, or constitutes a default under— (i) a statutory or non-statutory law or obligation; or (ii) a provision in an agreement, arrangement or understanding including (for example) a provision prohibiting, restricting or regulating the assignment, transfer, sale or disposal of property or the disclosure of information; or\n- (i) a statutory or non-statutory law or obligation; or\n- (ii) a provision in an agreement, arrangement or understanding including (for example) a provision prohibiting, restricting or regulating the assignment, transfer, sale or disposal of property or the disclosure of information; or\n- (c) fulfils a condition that allows a person to exercise a power, right or remedy in respect of, or to terminate, an agreement or obligation; or\n- (d) gives rise to a remedy for a party to a contract or instrument because of a change in the beneficial or legal ownership of property; or\n- (e) avoids a contract or instrument or renders it unenforceable; or\n- (f) frustrates a contract; or\n- (g) releases any surety or other obligor wholly or in part from any obligation.\n- (i) a statutory or non-statutory law or obligation; or\n- (ii) a provision in an agreement, arrangement or understanding including (for example) a provision prohibiting, restricting or regulating the assignment, transfer, sale or disposal of property or the disclosure of information; or\n- (a) preserve the books and records for at least 7 years; and\n- (b) allow GMC or AEMO T, and their directors or former directors reasonable access to the books and records.","sortOrder":914},{"sectionNumber":"sch.3-sec.73","sectionType":"section","heading":"Evidence of transfer","content":"### sch.3-sec.73 Evidence of transfer\n\nA written notice signed by the NSW Minister stating that a specified transfer of assets or liabilities has been made from or to GMC under this Division is conclusive evidence of the transfer.\nA written notice signed by the South Australian Minister stating that a specified transfer of assets or liabilities has been made from or to AEMO T under this Division is conclusive evidence of the transfer.\nsch 3 s 73 ins 2009 No. 30 (SA) s 49\n(sch.3-sec.73-ssec.1) A written notice signed by the NSW Minister stating that a specified transfer of assets or liabilities has been made from or to GMC under this Division is conclusive evidence of the transfer.\n(sch.3-sec.73-ssec.2) A written notice signed by the South Australian Minister stating that a specified transfer of assets or liabilities has been made from or to AEMO T under this Division is conclusive evidence of the transfer.","sortOrder":915},{"sectionNumber":"sch.3-sec.74","sectionType":"section","heading":"Obsolete references","content":"### sch.3-sec.74 Obsolete references\n\nA reference in a document to GMC or to AEMO T in connection with an asset or liability transferred to AEMO under this Division is, from the date of transfer, taken to be a reference to AEMO.\nsch 3 s 74 ins 2009 No. 30 (SA) s 49","sortOrder":916},{"sectionNumber":"sch.3-pt.11-div.4","sectionType":"division","heading":"Acceptance of transfer from former gas market operators and AEMO T","content":"## Acceptance of transfer from former gas market operators and AEMO T","sortOrder":917},{"sectionNumber":"sch.3-sec.75","sectionType":"section","heading":"Parties to transfer must do anything necessary to perfect transfer","content":"### sch.3-sec.75 Parties to transfer must do anything necessary to perfect transfer\n\nAEMO must accept assets and liabilities transferred to it under this Part or under jurisdictional legislation.\nThe South Australian Minister may direct AEMO’s directors to accept, on AEMO’s behalf, a transfer of assets or liabilities made under this Part or under jurisdictional legislation.\nThe relevant parties must take necessary action to perfect a transfer of assets or liabilities under this Part or under jurisdictional legislation.\nThe South Australian Minister may direct the directors of a relevant party to ensure that the relevant party complies with an obligation imposed under subclause (3).\nIn this clause—\nrelevant party means—\nAEMO; or\nAEMO T; or\nGMC.\nsch 3 s 75 ins 2009 No. 30 (SA) s 49\n(sch.3-sec.75-ssec.1) AEMO must accept assets and liabilities transferred to it under this Part or under jurisdictional legislation.\n(sch.3-sec.75-ssec.2) The South Australian Minister may direct AEMO’s directors to accept, on AEMO’s behalf, a transfer of assets or liabilities made under this Part or under jurisdictional legislation.\n(sch.3-sec.75-ssec.3) The relevant parties must take necessary action to perfect a transfer of assets or liabilities under this Part or under jurisdictional legislation.\n(sch.3-sec.75-ssec.4) The South Australian Minister may direct the directors of a relevant party to ensure that the relevant party complies with an obligation imposed under subclause (3).\n(sch.3-sec.75-ssec.5) In this clause— relevant party means— AEMO; or AEMO T; or GMC.\n- (a) AEMO; or\n- (b) AEMO T; or\n- (c) GMC.","sortOrder":918},{"sectionNumber":"sch.3-sec.76","sectionType":"section","heading":"Corporations Act displacement","content":"### sch.3-sec.76 Corporations Act displacement\n\nTo the extent that any provision of this Part is incapable of concurrent operation with a provision of the Corporations Act 2001 of the Commonwealth (a designated Commonwealth provision ), the provision of this Part is declared to be Corporations legislation displacement provision for the purposes of section 5G of that Act in relation to the designated Commonwealth provision.\nSection 5G of the Corporations Act provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency.\nsch 3 s 76 ins 2009 No. 30 (SA) s 49","sortOrder":919},{"sectionNumber":"sch.3-pt.11-div.5","sectionType":"division","heading":"Fees and charges","content":"## Fees and charges","sortOrder":920},{"sectionNumber":"sch.3-sec.77","sectionType":"section","heading":"AEMO’s fees and charges","content":"### sch.3-sec.77 AEMO’s fees and charges\n\nDespite Chapter 2 Part 6 Division 5—\nfor the first 2 years of the prescribed period, fees and charges must be determined and recovered on the same basis as they were determined and recovered by the former gas market operators whose functions AEMO has assumed; and\nfor the final year of the prescribed period, fees and charges may be determined and recovered on the same basis as they were determined and recovered by the former gas market operators whose functions AEMO has assumed; but\nAEMO must carry out a review of its fees and charges before the end of the prescribed period and ensure that, as from the end of the prescribed period, the determination and recovery of its fees and charges conform with Chapter 2 Part 6 Division 5 and the Rules.\nIn this clause—\nprescribed period means the period of 3 years commencing on the commencement of this clause or some other date fixed by Ministerial Gazette notice.\nsch 3 s 77 ins 2009 No. 30 (SA) s 49\n(sch.3-sec.77-ssec.1) Despite Chapter 2 Part 6 Division 5— for the first 2 years of the prescribed period, fees and charges must be determined and recovered on the same basis as they were determined and recovered by the former gas market operators whose functions AEMO has assumed; and for the final year of the prescribed period, fees and charges may be determined and recovered on the same basis as they were determined and recovered by the former gas market operators whose functions AEMO has assumed; but AEMO must carry out a review of its fees and charges before the end of the prescribed period and ensure that, as from the end of the prescribed period, the determination and recovery of its fees and charges conform with Chapter 2 Part 6 Division 5 and the Rules.\n(sch.3-sec.77-ssec.2) In this clause— prescribed period means the period of 3 years commencing on the commencement of this clause or some other date fixed by Ministerial Gazette notice.\n- (a) for the first 2 years of the prescribed period, fees and charges must be determined and recovered on the same basis as they were determined and recovered by the former gas market operators whose functions AEMO has assumed; and\n- (b) for the final year of the prescribed period, fees and charges may be determined and recovered on the same basis as they were determined and recovered by the former gas market operators whose functions AEMO has assumed; but\n- (c) AEMO must carry out a review of its fees and charges before the end of the prescribed period and ensure that, as from the end of the prescribed period, the determination and recovery of its fees and charges conform with Chapter 2 Part 6 Division 5 and the Rules.","sortOrder":921},{"sectionNumber":"sch.3-sec.78","sectionType":"section","heading":"Establishment expenditure","content":"### sch.3-sec.78 Establishment expenditure\n\nAEMO may recover establishment expenditure as a component of the participant fees payable by users and non-scheme pipeline users.\nThe establishment expenditure is to be recovered—\nover a period of 4 financial years from the relevant changeover date; and\nin accordance with a schedule prepared by AEMO and published on its website.\nAEMO is not required to consult on the schedule.\nsch 3 s 78 ins 2009 No. 30 (SA) s 49\n(sch.3-sec.78-ssec.1) AEMO may recover establishment expenditure as a component of the participant fees payable by users and non-scheme pipeline users.\n(sch.3-sec.78-ssec.2) The establishment expenditure is to be recovered— over a period of 4 financial years from the relevant changeover date; and in accordance with a schedule prepared by AEMO and published on its website.\n(sch.3-sec.78-ssec.3) AEMO is not required to consult on the schedule.\n- (a) over a period of 4 financial years from the relevant changeover date; and\n- (b) in accordance with a schedule prepared by AEMO and published on its website.","sortOrder":922},{"sectionNumber":"sch.3-sec.79","sectionType":"section","heading":"Expenditure on gas statement of opportunities","content":"### sch.3-sec.79 Expenditure on gas statement of opportunities\n\nExpenditure related to the gas statement of opportunities made before, or within 3 years after, the commencement date is to be regarded as expenditures on a major gas project.\nAEMO may recover that expenditure as a component of the participant fees payable by users and non-scheme pipeline users.\nThe expenditure is to be recovered—\nover a period of 4 financial years from the relevant changeover date; and\nin accordance with a schedule prepared by AEMO and published on its website.\nAEMO is not required to consult on the schedule.\nsch 3 s 79 ins 2009 No. 30 (SA) s 49\n(sch.3-sec.79-ssec.1) Expenditure related to the gas statement of opportunities made before, or within 3 years after, the commencement date is to be regarded as expenditures on a major gas project.\n(sch.3-sec.79-ssec.2) AEMO may recover that expenditure as a component of the participant fees payable by users and non-scheme pipeline users.\n(sch.3-sec.79-ssec.3) The expenditure is to be recovered— over a period of 4 financial years from the relevant changeover date; and in accordance with a schedule prepared by AEMO and published on its website.\n(sch.3-sec.79-ssec.4) AEMO is not required to consult on the schedule.\n- (a) over a period of 4 financial years from the relevant changeover date; and\n- (b) in accordance with a schedule prepared by AEMO and published on its website.","sortOrder":923},{"sectionNumber":"sch.3-pt.11-div.6","sectionType":"division","heading":"Information","content":"## Information","sortOrder":924},{"sectionNumber":"sch.3-sec.80","sectionType":"section","heading":"Transferred information","content":"### sch.3-sec.80 Transferred information\n\nAEMO stands in the same position as GMC or AEMO T in relation to information transferred under this Part from GMC or AEMO T to AEMO.\nIt follows that—\nif the information was confidential in the hands of GMC or AEMO T before the transfer, it remains confidential in AEMO’s hands after the transfer; and\nAEMO must deal with the information in the same way as if it had been acquired or produced by AEMO rather than GMC or AEMO T.\nAEMO must allow GMC or AEMO T or their representatives such access to the transferred information as may be reasonable in the circumstances.\nsch 3 s 80 ins 2009 No. 30 (SA) s 49\n(sch.3-sec.80-ssec.1) AEMO stands in the same position as GMC or AEMO T in relation to information transferred under this Part from GMC or AEMO T to AEMO.\n(sch.3-sec.80-ssec.2) It follows that— if the information was confidential in the hands of GMC or AEMO T before the transfer, it remains confidential in AEMO’s hands after the transfer; and AEMO must deal with the information in the same way as if it had been acquired or produced by AEMO rather than GMC or AEMO T.\n(sch.3-sec.80-ssec.3) AEMO must allow GMC or AEMO T or their representatives such access to the transferred information as may be reasonable in the circumstances.\n- (a) if the information was confidential in the hands of GMC or AEMO T before the transfer, it remains confidential in AEMO’s hands after the transfer; and\n- (b) AEMO must deal with the information in the same way as if it had been acquired or produced by AEMO rather than GMC or AEMO T.","sortOrder":925},{"sectionNumber":"sch.3-sec.81","sectionType":"section","heading":"Calculations","content":"### sch.3-sec.81 Calculations\n\nA calculation made by a former gas market operator before the relevant changeover date is, to the extent it has continuing relevance after the relevant changeover date, taken to have been made by AEMO.\nsch 3 s 81 ins 2009 No. 30 (SA) s 49","sortOrder":926},{"sectionNumber":"sch.3-pt.11-div.7","sectionType":"division","heading":"Deferral of relevant legislative innovations in Queensland","content":"## Deferral of relevant legislative innovations in Queensland","sortOrder":927},{"sectionNumber":"sch.3-sec.82","sectionType":"section","heading":"Queensland Minister’s power to defer commencement of relevant legislative innovations","content":"### sch.3-sec.82 Queensland Minister’s power to defer commencement of relevant legislative innovations\n\nThe Queensland Minister may, by notice published in the Queensland Government Gazette, defer the commencement in Queensland of specified parts or provisions of the relevant legislative innovations.\nThe Queensland Minister may, by subsequent notice published in the Queensland Government Gazette, vary or revoke a notice under subclause (1).\nsch 3 s 82 ins 2009 No. 30 (SA) s 49\n(sch.3-sec.82-ssec.1) The Queensland Minister may, by notice published in the Queensland Government Gazette, defer the commencement in Queensland of specified parts or provisions of the relevant legislative innovations.\n(sch.3-sec.82-ssec.2) The Queensland Minister may, by subsequent notice published in the Queensland Government Gazette, vary or revoke a notice under subclause (1).","sortOrder":928},{"sectionNumber":"sch.3-pt.11-div.8","sectionType":"division","heading":"Special transitional provisions for South Australia","content":"## Special transitional provisions for South Australia","sortOrder":929},{"sectionNumber":"sch.3-sec.83","sectionType":"section","heading":"Definitions","content":"### sch.3-sec.83 Definitions\n\nIn this Division—\nrelevant contractual provisions for dispute resolution means the provisions for dispute resolution contained in transitional contracts;\nRetail Market Procedures means Procedures governing the operation of the regulated retail gas market in South Australia;\nRetail Market Rules means the rules published by REMCo as the REMCo Retail Market Rules insofar as those rules apply in relation to South Australia;\ntransitional contract means a contract, or presumptive contract, that continues in force under clause 84;\ntransitional period means the period for which transitional contracts remain in force after the relevant changeover date.\nsch 3 s 83 ins 2009 No. 30 (SA) s 49","sortOrder":930},{"sectionNumber":"sch.3-sec.84","sectionType":"section","heading":"Transitional contracts","content":"### sch.3-sec.84 Transitional contracts\n\nA contract, or presumptive contract, in the form, or substantially in the form, prescribed in the appendices to the Retail Market Rules that was in force immediately before the relevant changeover date continues in force after the relevant changeover date for the purposes of, and subject to and in accordance with, the corresponding provisions of the Retail Market Procedures.\nAny such contract or presumptive contract is to be read and construed—\nas if—\na reference to REMCo were a reference to AEMO; and\na reference to the Retail Market Rules, or a provision of the Retail Market Rules were a reference to the Retail Market Procedures or the corresponding provision of the Retail Market Procedures; and\nthe contract were amended to reflect the most recent version of the relevant pro-forma contract set out in the appendices to the Retail Market Procedures; and\nsubject to any other necessary adaptations and modifications.\nsch 3 s 84 ins 2009 No. 30 (SA) s 49\n(sch.3-sec.84-ssec.1) A contract, or presumptive contract, in the form, or substantially in the form, prescribed in the appendices to the Retail Market Rules that was in force immediately before the relevant changeover date continues in force after the relevant changeover date for the purposes of, and subject to and in accordance with, the corresponding provisions of the Retail Market Procedures.\n(sch.3-sec.84-ssec.2) Any such contract or presumptive contract is to be read and construed— as if— a reference to REMCo were a reference to AEMO; and a reference to the Retail Market Rules, or a provision of the Retail Market Rules were a reference to the Retail Market Procedures or the corresponding provision of the Retail Market Procedures; and the contract were amended to reflect the most recent version of the relevant pro-forma contract set out in the appendices to the Retail Market Procedures; and subject to any other necessary adaptations and modifications.\n- (a) as if— (i) a reference to REMCo were a reference to AEMO; and (ii) a reference to the Retail Market Rules, or a provision of the Retail Market Rules were a reference to the Retail Market Procedures or the corresponding provision of the Retail Market Procedures; and (iii) the contract were amended to reflect the most recent version of the relevant pro-forma contract set out in the appendices to the Retail Market Procedures; and\n- (i) a reference to REMCo were a reference to AEMO; and\n- (ii) a reference to the Retail Market Rules, or a provision of the Retail Market Rules were a reference to the Retail Market Procedures or the corresponding provision of the Retail Market Procedures; and\n- (iii) the contract were amended to reflect the most recent version of the relevant pro-forma contract set out in the appendices to the Retail Market Procedures; and\n- (b) subject to any other necessary adaptations and modifications.\n- (i) a reference to REMCo were a reference to AEMO; and\n- (ii) a reference to the Retail Market Rules, or a provision of the Retail Market Rules were a reference to the Retail Market Procedures or the corresponding provision of the Retail Market Procedures; and\n- (iii) the contract were amended to reflect the most recent version of the relevant pro-forma contract set out in the appendices to the Retail Market Procedures; and","sortOrder":931},{"sectionNumber":"sch.3-sec.85","sectionType":"section","heading":"Contractual provisions for dispute resolution","content":"### sch.3-sec.85 Contractual provisions for dispute resolution\n\nThe relevant contractual provisions for dispute resolution apply, to the exclusion of provisions of this Law or the Rules for dispute resolution, in relation to any dispute to which the relevant contractual provisions are applicable.\nThe relevant contractual provisions for dispute resolution continue to operate for as long as the transitional contracts in which they are contained continue in force.\nsch 3 s 85 ins 2009 No. 30 (SA) s 49\n(sch.3-sec.85-ssec.1) The relevant contractual provisions for dispute resolution apply, to the exclusion of provisions of this Law or the Rules for dispute resolution, in relation to any dispute to which the relevant contractual provisions are applicable.\n(sch.3-sec.85-ssec.2) The relevant contractual provisions for dispute resolution continue to operate for as long as the transitional contracts in which they are contained continue in force.","sortOrder":932},{"sectionNumber":"sch.3-sec.86","sectionType":"section","heading":"Risk allocation","content":"### sch.3-sec.86 Risk allocation\n\nTo the extent of any inconsistency, Part 8.5 of the Retail Market Procedures applies, during the transitional period, to the exclusion of Chapter 2 Part 6 Division 10 of this Law.\nTo the extent of any inconsistency, clause 366 of the Retail Market Procedures applies, during the transitional period, to the exclusion of Rule 138A(8) of the National Gas Rules.\nIn this clause, a reference to the Retail Market Procedures is (if the Retail Market Rules have not yet been superseded by the Retail Market Procedures) to be read as a reference to the Retail Market Rules.\nsch 3 s 86 ins 2009 No. 30 (SA) s 49\n(sch.3-sec.86-ssec.1) To the extent of any inconsistency, Part 8.5 of the Retail Market Procedures applies, during the transitional period, to the exclusion of Chapter 2 Part 6 Division 10 of this Law.\n(sch.3-sec.86-ssec.2) To the extent of any inconsistency, clause 366 of the Retail Market Procedures applies, during the transitional period, to the exclusion of Rule 138A(8) of the National Gas Rules.\n(sch.3-sec.86-ssec.3) In this clause, a reference to the Retail Market Procedures is (if the Retail Market Rules have not yet been superseded by the Retail Market Procedures) to be read as a reference to the Retail Market Rules.","sortOrder":933},{"sectionNumber":"sch.3-pt.12","sectionType":"part","heading":"Transitional provision related to short term trading markets","content":"# Transitional provision related to short term trading markets","sortOrder":934},{"sectionNumber":"sch.3-sec.87","sectionType":"section","heading":"Initial STTM Procedures","content":"### sch.3-sec.87 Initial STTM Procedures\n\nThis clause applies if on the day section 9 of the National Gas (South Australia) (Short Term Trading Market) Amendment Act 2009 of South Australia comes into operation there are Rules in force that specify a procedure to be followed in the making of Procedures (the NGR Procedures Rules ).\nDespite the NGR Procedures Rules, AEMO is not required to comply with the NGR Procedures Rules for the purpose of making the first STTM Procedures under section 91BRG after the enactment of the National Gas (South Australia) (Short Term Trading Market) Amendment Act 2009 .\nsch 3 s 87 ins 2009 No. 46 (SA) s 15\n(sch.3-sec.87-ssec.1) This clause applies if on the day section 9 of the National Gas (South Australia) (Short Term Trading Market) Amendment Act 2009 of South Australia comes into operation there are Rules in force that specify a procedure to be followed in the making of Procedures (the NGR Procedures Rules ).\n(sch.3-sec.87-ssec.2) Despite the NGR Procedures Rules, AEMO is not required to comply with the NGR Procedures Rules for the purpose of making the first STTM Procedures under section 91BRG after the enactment of the National Gas (South Australia) (Short Term Trading Market) Amendment Act 2009 .","sortOrder":935},{"sectionNumber":"sch.3-pt.13","sectionType":"part","heading":"Application of National Energy Retail Law amendments","content":"# Application of National Energy Retail Law amendments","sortOrder":936},{"sectionNumber":"sch.3-sec.88","sectionType":"section","heading":"Application of National Energy Retail Law amendments","content":"### sch.3-sec.88 Application of National Energy Retail Law amendments\n\nThe amendments made to this Law by the Statutes Amendment (National Energy Retail Law) Act 2011 of South Australia do not apply in a participating jurisdiction until the National Energy Retail Law is applied in that jurisdiction as a law of that jurisdiction.\nsch 3 s 88 ins 2011 No. 7 (SA) s 67","sortOrder":937},{"sectionNumber":"sch.3-pt.14","sectionType":"part","heading":"Information publication","content":"# Information publication","sortOrder":938},{"sectionNumber":"sch.3-sec.89","sectionType":"section","heading":"Information publication","content":"### sch.3-sec.89 Information publication\n\nThe release of information given to the AER or AEMO in confidence before the commencement of this clause will be subject to the provisions of this Law in force immediately before that commencement.\nsch 3 s 89 ins 2016 No. 55 (SA) s 19","sortOrder":939},{"sectionNumber":"sch.3-pt.15","sectionType":"part","heading":"Transitional provision related to AEMC rule making powers","content":"# Transitional provision related to AEMC rule making powers","sortOrder":940},{"sectionNumber":"sch.3-sec.90","sectionType":"section","heading":"AEMC rule making powers","content":"### sch.3-sec.90 AEMC rule making powers\n\nThe amendment to section 304 of this Law by section 26 of the Statutes Amendment (National Energy Laws) (Rules) Act 2018 does not apply to the making of—\na Rule on a request under section 295(1) of this Law received by the AEMC before the commencement of this clause; or\nan AEMC initiated Rule (within the meaning of section 290 of this Law) in respect of which the AEMC has, before the commencement of this clause, published notice of its intention to make.\nsch 3 s 90 ins 2018 No. 12 (SA) s 29\n- (a) a Rule on a request under section 295(1) of this Law received by the AEMC before the commencement of this clause; or\n- (b) an AEMC initiated Rule (within the meaning of section 290 of this Law) in respect of which the AEMC has, before the commencement of this clause, published notice of its intention to make.","sortOrder":941},{"sectionNumber":"sch.3-pt.16","sectionType":"part","heading":"Transitional provisions relating to capacity trading and auctions and harmonisation amendments","content":"# Transitional provisions relating to capacity trading and auctions and harmonisation amendments","sortOrder":942},{"sectionNumber":"sch.3-sec.91","sectionType":"section","heading":"Immunity from liability—implementation or use of standard market timetable","content":"### sch.3-sec.91 Immunity from liability—implementation or use of standard market timetable\n\nUnless the Regulations otherwise indicate or provide, a person required by the Rules to use the standard market timetable incurs no civil monetary liability in connection with a pre-harmonisation contract for using the standard market timetable in accordance with the Rules contrary to the terms of that pre-harmonisation contract.\nSubclause (1) does not apply to deprive a person of a contractual right under a pre-harmonisation contract to be—\nprovided with a certain amount of goods or services under the contract; or\npaid for goods and services provided under the contract.\nIn this clause—\npre-harmonisation contract means a contract or other arrangement entered into by a person before the commencement of this clause.\nsch 3 s 91 ins 2018 No. 23 (SA) s 24\n(sch.3-sec.91-ssec.1) Unless the Regulations otherwise indicate or provide, a person required by the Rules to use the standard market timetable incurs no civil monetary liability in connection with a pre-harmonisation contract for using the standard market timetable in accordance with the Rules contrary to the terms of that pre-harmonisation contract.\n(sch.3-sec.91-ssec.2) Subclause (1) does not apply to deprive a person of a contractual right under a pre-harmonisation contract to be— provided with a certain amount of goods or services under the contract; or paid for goods and services provided under the contract.\n(sch.3-sec.91-ssec.3) In this clause— pre-harmonisation contract means a contract or other arrangement entered into by a person before the commencement of this clause.\n- (a) provided with a certain amount of goods or services under the contract; or\n- (b) paid for goods and services provided under the contract.","sortOrder":943},{"sectionNumber":"sch.3-sec.92","sectionType":"section","heading":"Immunity from liability—supply of capacity through capacity auctions","content":"### sch.3-sec.92 Immunity from liability—supply of capacity through capacity auctions\n\nUnless the Regulations otherwise indicate or provide, a transportation service provider incurs no civil monetary liability to a transportation facility user because of the supply of transportation services to any other person by means of transportation capacity sold through a capacity auction in breach of a relevant exclusivity right where the sale of the transportation capacity through that capacity auction is required by the Rules.\nIn this clause—\nrelevant exclusivity right , in relation to transportation services, means an express contractual right that arose under a contract entered into before the commencement of this clause that—\nprevents a transportation service provider from supplying transportation services to persons who are not parties to the contract concerned; or\nlimits or controls the supply by a transportation service provider of transportation services to persons who are not parties to the contract,\nbut does not include a transportation facility user’s right under the contract to be provided with a certain amount of transportation services.\nsch 3 s 92 ins 2018 No. 23 (SA) s 24\n(sch.3-sec.92-ssec.1) Unless the Regulations otherwise indicate or provide, a transportation service provider incurs no civil monetary liability to a transportation facility user because of the supply of transportation services to any other person by means of transportation capacity sold through a capacity auction in breach of a relevant exclusivity right where the sale of the transportation capacity through that capacity auction is required by the Rules.\n(sch.3-sec.92-ssec.2) In this clause— relevant exclusivity right , in relation to transportation services, means an express contractual right that arose under a contract entered into before the commencement of this clause that— prevents a transportation service provider from supplying transportation services to persons who are not parties to the contract concerned; or limits or controls the supply by a transportation service provider of transportation services to persons who are not parties to the contract, but does not include a transportation facility user’s right under the contract to be provided with a certain amount of transportation services.\n- (a) prevents a transportation service provider from supplying transportation services to persons who are not parties to the contract concerned; or\n- (b) limits or controls the supply by a transportation service provider of transportation services to persons who are not parties to the contract,","sortOrder":944},{"sectionNumber":"sch.3-sec.93","sectionType":"section","heading":"Immunity for giving effect to the auction priority principles","content":"### sch.3-sec.93 Immunity for giving effect to the auction priority principles\n\nUnless the Regulations otherwise indicate or provide, a transportation service provider incurs no civil monetary liability to a transportation facility user for the supply by the provider of a transportation service in accordance with a priority of service rule in priority to any transportation service supplied or that may be supplied to the transportation facility user under an agreement entered into between the transportation service provider and the transportation facility user before the commencement of this clause.\nIn this clause—\npriority of service rule means a requirement of the Rules or the Operational Transportation Service Code for or with respect to—\nthe priority to be given to transportation capacity acquired through a capacity auction in connection with the supply of a transportation service; or\nthe time for (including a delay in) the scheduling of supply of a transportation service so as to give priority to transportation capacity acquired through a capacity auction;\nsupply , in relation to a transportation service, includes to schedule, provide and curtail supply (within the meaning of section 2) of the transportation service.\nsch 3 s 93 ins 2018 No. 23 (SA) s 24\n(sch.3-sec.93-ssec.1) Unless the Regulations otherwise indicate or provide, a transportation service provider incurs no civil monetary liability to a transportation facility user for the supply by the provider of a transportation service in accordance with a priority of service rule in priority to any transportation service supplied or that may be supplied to the transportation facility user under an agreement entered into between the transportation service provider and the transportation facility user before the commencement of this clause.\n(sch.3-sec.93-ssec.2) In this clause— priority of service rule means a requirement of the Rules or the Operational Transportation Service Code for or with respect to— the priority to be given to transportation capacity acquired through a capacity auction in connection with the supply of a transportation service; or the time for (including a delay in) the scheduling of supply of a transportation service so as to give priority to transportation capacity acquired through a capacity auction; supply , in relation to a transportation service, includes to schedule, provide and curtail supply (within the meaning of section 2) of the transportation service.\n- (a) the priority to be given to transportation capacity acquired through a capacity auction in connection with the supply of a transportation service; or\n- (b) the time for (including a delay in) the scheduling of supply of a transportation service so as to give priority to transportation capacity acquired through a capacity auction;","sortOrder":945},{"sectionNumber":"sch.3-sec.94","sectionType":"section","heading":"Transitional regulations","content":"### sch.3-sec.94 Transitional regulations\n\nThe Regulations may deal with matters of a transitional nature with respect to the Capacity Trading and Auction amendments.\nRegulations under subclause (1) may defer, exclude or modify the application of any of the Capacity Trading and Auction amendments—\nin any participating jurisdiction; or\nin relation to a person, transportation service or transportation facility specified by the regulations; or\nin relation to a class of persons, transportation services or transportation facilities specified by the regulations.\nRegulations under subclause (1) may—\nbe of general or limited application; or\nvary according to the persons, times, places or circumstances to which they are expressed to apply.\nIf regulations under subclause (1) so provide, they have effect despite any provision of the NGL, the National Gas Regulations, the National Gas Rules, the Capacity Transfer and Auction Procedures or the Operational Transportation Services Code.\nIn this clause—\nCapacity Trading and Auction amendments means the amendments made to this Law by the National Gas (South Australia) (Capacity Trading and Auctions) Amendment Act 2018 .\nsch 3 s 94 ins 2018 No. 23 (SA) s 24\n(sch.3-sec.94-ssec.1) The Regulations may deal with matters of a transitional nature with respect to the Capacity Trading and Auction amendments.\n(sch.3-sec.94-ssec.2) Regulations under subclause (1) may defer, exclude or modify the application of any of the Capacity Trading and Auction amendments— in any participating jurisdiction; or in relation to a person, transportation service or transportation facility specified by the regulations; or in relation to a class of persons, transportation services or transportation facilities specified by the regulations.\n(sch.3-sec.94-ssec.3) Regulations under subclause (1) may— be of general or limited application; or vary according to the persons, times, places or circumstances to which they are expressed to apply.\n(sch.3-sec.94-ssec.4) If regulations under subclause (1) so provide, they have effect despite any provision of the NGL, the National Gas Regulations, the National Gas Rules, the Capacity Transfer and Auction Procedures or the Operational Transportation Services Code.\n(sch.3-sec.94-ssec.5) In this clause— Capacity Trading and Auction amendments means the amendments made to this Law by the National Gas (South Australia) (Capacity Trading and Auctions) Amendment Act 2018 .\n- (a) in any participating jurisdiction; or\n- (b) in relation to a person, transportation service or transportation facility specified by the regulations; or\n- (c) in relation to a class of persons, transportation services or transportation facilities specified by the regulations.\n- (a) be of general or limited application; or\n- (b) vary according to the persons, times, places or circumstances to which they are expressed to apply.","sortOrder":946},{"sectionNumber":"sch.3-pt.17","sectionType":"part","heading":"Transitional provisions for rate of return instrument","content":"# Transitional provisions for rate of return instrument","sortOrder":947},{"sectionNumber":"sch.3-sec.95","sectionType":"section","heading":"Definitions","content":"### sch.3-sec.95 Definitions\n\nIn this Part—\n2013 non-binding guideline means the guideline about determining the rate of return on capital issued by the AER in 2013;\nreview , of the 2013 non-binding guideline, means the review of the guideline started by the AER in 2017;\nstakeholders means—\nservice providers and consumer organisations; or\nend users and prospective end users; or\nany of the following persons the AER considers appropriate to give the AER advice or comment about the review of the 2013 non-binding guideline—\npersons engaged by a covered pipeline service provider, a consumer organisation or another entity to give the advice or comment;\nother persons the AER considers have the qualifications or experience appropriate to give the advice or comment; or\nother persons the AER considers have an interest in the review of the 2013 non-binding guideline.\nsch 3 s 95 ins 2018 No. 33 (SA) s 21\n- (a) service providers and consumer organisations; or\n- (b) end users and prospective end users; or\n- (c) any of the following persons the AER considers appropriate to give the AER advice or comment about the review of the 2013 non-binding guideline— (i) persons engaged by a covered pipeline service provider, a consumer organisation or another entity to give the advice or comment; (ii) other persons the AER considers have the qualifications or experience appropriate to give the advice or comment; or\n- (i) persons engaged by a covered pipeline service provider, a consumer organisation or another entity to give the advice or comment;\n- (ii) other persons the AER considers have the qualifications or experience appropriate to give the advice or comment; or\n- (d) other persons the AER considers have an interest in the review of the 2013 non-binding guideline.\n- (i) persons engaged by a covered pipeline service provider, a consumer organisation or another entity to give the advice or comment;\n- (ii) other persons the AER considers have the qualifications or experience appropriate to give the advice or comment; or","sortOrder":948},{"sectionNumber":"sch.3-sec.96","sectionType":"section","heading":"Making first rate of return instrument if review not completed before commencement","content":"### sch.3-sec.96 Making first rate of return instrument if review not completed before commencement\n\nThis clause applies if—\nthe review of the 2013 non-binding guideline was not completed before the commencement of this clause; and\nthe AER has sought advice or comment from stakeholders in relation to the review; and\nat least 3 months before making the first rate of return instrument, the AER has published on its website a draft of the proposed first rate of return instrument or proposed new non-binding guideline under the Rules; and\nthe draft instrument or guideline has been reviewed by an independent panel consisting of at least 3 members with qualifications or experience the AER considers appropriate to conduct the review.\nChapter 2 Part 1 Division 1A Subdivision 3 does not apply in relation to making the first rate of return instrument.\nThe independent panel mentioned in subclause (1)(d) must seek to give the AER a consensus report on the panel’s review.\nHowever, a failure to give the AER a consensus report does not affect the making of the first rate of return instrument.\nsch 3 s 96 ins 2018 No. 33 (SA) s 21\n(sch.3-sec.96-ssec.1) This clause applies if— the review of the 2013 non-binding guideline was not completed before the commencement of this clause; and the AER has sought advice or comment from stakeholders in relation to the review; and at least 3 months before making the first rate of return instrument, the AER has published on its website a draft of the proposed first rate of return instrument or proposed new non-binding guideline under the Rules; and the draft instrument or guideline has been reviewed by an independent panel consisting of at least 3 members with qualifications or experience the AER considers appropriate to conduct the review.\n(sch.3-sec.96-ssec.2) Chapter 2 Part 1 Division 1A Subdivision 3 does not apply in relation to making the first rate of return instrument.\n(sch.3-sec.96-ssec.3) The independent panel mentioned in subclause (1)(d) must seek to give the AER a consensus report on the panel’s review.\n(sch.3-sec.96-ssec.4) However, a failure to give the AER a consensus report does not affect the making of the first rate of return instrument.\n- (a) the review of the 2013 non-binding guideline was not completed before the commencement of this clause; and\n- (b) the AER has sought advice or comment from stakeholders in relation to the review; and\n- (c) at least 3 months before making the first rate of return instrument, the AER has published on its website a draft of the proposed first rate of return instrument or proposed new non-binding guideline under the Rules; and\n- (d) the draft instrument or guideline has been reviewed by an independent panel consisting of at least 3 members with qualifications or experience the AER considers appropriate to conduct the review.","sortOrder":949},{"sectionNumber":"sch.3-sec.97","sectionType":"section","heading":"Making first rate of return instrument if review completed before commencement","content":"### sch.3-sec.97 Making first rate of return instrument if review completed before commencement\n\nThis clause applies if, before the commencement of this clause—\nthe review of the 2013 non-binding guideline was completed and a new non-binding guideline is in force under the Rules; and\nthe AER sought advice or comment from stakeholders in relation to the review; and\nat least 3 months before making the new non-binding guideline, the AER published on its website a draft of the proposed new non-binding guideline; and\nthe draft was reviewed by an independent panel consisting of at least 3 members with qualifications or experience the AER considered appropriate to conduct the review; and\nthe independent panel gave the AER a report on the panel’s review.\nThe new non-binding guideline is taken to be the first rate of return instrument on the commencement.\nFor section 30P, the instrument is taken to have been published on the AER’s website on the commencement.\nThe report mentioned in subclause (1)(e) need not be a consensus report on the panel’s review.\nsch 3 s 97 ins 2018 No. 33 (SA) s 21\n(sch.3-sec.97-ssec.1) This clause applies if, before the commencement of this clause— the review of the 2013 non-binding guideline was completed and a new non-binding guideline is in force under the Rules; and the AER sought advice or comment from stakeholders in relation to the review; and at least 3 months before making the new non-binding guideline, the AER published on its website a draft of the proposed new non-binding guideline; and the draft was reviewed by an independent panel consisting of at least 3 members with qualifications or experience the AER considered appropriate to conduct the review; and the independent panel gave the AER a report on the panel’s review.\n(sch.3-sec.97-ssec.2) The new non-binding guideline is taken to be the first rate of return instrument on the commencement.\n(sch.3-sec.97-ssec.3) For section 30P, the instrument is taken to have been published on the AER’s website on the commencement.\n(sch.3-sec.97-ssec.4) The report mentioned in subclause (1)(e) need not be a consensus report on the panel’s review.\n- (a) the review of the 2013 non-binding guideline was completed and a new non-binding guideline is in force under the Rules; and\n- (b) the AER sought advice or comment from stakeholders in relation to the review; and\n- (c) at least 3 months before making the new non-binding guideline, the AER published on its website a draft of the proposed new non-binding guideline; and\n- (d) the draft was reviewed by an independent panel consisting of at least 3 members with qualifications or experience the AER considered appropriate to conduct the review; and\n- (e) the independent panel gave the AER a report on the panel’s review.","sortOrder":950},{"sectionNumber":"sch.3-sec.98","sectionType":"section","heading":"Application of this Law to particular decisions","content":"### sch.3-sec.98 Application of this Law to particular decisions\n\nThe amended Law applies in relation to an AER economic regulatory decision made after the commencement even if any action or process for making the decision started before the commencement.\nHowever, subclause (1) does not apply in relation to an AER economic regulatory decision made before the commencement that has been remitted back to the AER to make the decision again.\nIn this clause—\namended Law means this Law as amended by the Statutes Amendment (National Energy Laws) (Binding Rate of Return Instrument) Act 2018 ;\ncommencement means the commencement of Chapter 2 Part 1 Division 1A.\nsch 3 s 98 ins 2018 No. 33 (SA) s 21\n(sch.3-sec.98-ssec.1) The amended Law applies in relation to an AER economic regulatory decision made after the commencement even if any action or process for making the decision started before the commencement.\n(sch.3-sec.98-ssec.2) However, subclause (1) does not apply in relation to an AER economic regulatory decision made before the commencement that has been remitted back to the AER to make the decision again.\n(sch.3-sec.98-ssec.3) In this clause— amended Law means this Law as amended by the Statutes Amendment (National Energy Laws) (Binding Rate of Return Instrument) Act 2018 ; commencement means the commencement of Chapter 2 Part 1 Division 1A. sch 3 s 98 ins 2018 No. 33 (SA) s 21","sortOrder":951},{"sectionNumber":"sch.3-pt.18","sectionType":"part","heading":"Savings and transitional provisions related to Ministerial Council on Energy amendments","content":"# Savings and transitional provisions related to Ministerial Council on Energy amendments","sortOrder":952},{"sectionNumber":"sch.3-sec.99","sectionType":"section","heading":"Definitions","content":"### sch.3-sec.99 Definitions\n\nIn this Part—\nAmendment Act means the Statutes Amendment (National Energy Laws) (Omnibus) Act 2021 ;\ncommencement day means the day on which section 33 of the Amendment Act comes into operation.\nsch 3 s 99 ins 2021 No. 3 (SA) s 55","sortOrder":953},{"sectionNumber":"sch.3-sec.100","sectionType":"section","heading":"References to Ministerial Council on Energy","content":"### sch.3-sec.100 References to Ministerial Council on Energy\n\nOn and from the commencement day, a reference to the Ministerial Council on Energy or MCE in an Act, a legislative instrument, any other kind of instrument, or a contract, agreement or other document will be taken to be a reference to the MCE as defined in section 2 (as amended by section 33 of the Amendment Act).\nIn this clause—\nagreement includes the Australian Energy Market Agreement or any other intergovernmental agreement to which this jurisdiction is a party.\nsch 3 s 100 ins 2021 No. 3 (SA) s 55\n(sch.3-sec.100-ssec.1) On and from the commencement day, a reference to the Ministerial Council on Energy or MCE in an Act, a legislative instrument, any other kind of instrument, or a contract, agreement or other document will be taken to be a reference to the MCE as defined in section 2 (as amended by section 33 of the Amendment Act).\n(sch.3-sec.100-ssec.2) In this clause— agreement includes the Australian Energy Market Agreement or any other intergovernmental agreement to which this jurisdiction is a party.","sortOrder":954},{"sectionNumber":"sch.3-sec.101","sectionType":"section","heading":"Rights under certain change of law provisions in agreements or deeds not to be triggered","content":"### sch.3-sec.101 Rights under certain change of law provisions in agreements or deeds not to be triggered\n\nThe substitution of the definition of the MCE by section 33 of the Amendment Act is not to be regarded as a change of law (however defined) under any agreement or deed in effect on the commencement day.\nSubclause (1) applies despite any provision in any agreement or deed to the contrary.\nsch 3 s 101 ins 2021 No. 3 (SA) s 55\n(sch.3-sec.101-ssec.1) The substitution of the definition of the MCE by section 33 of the Amendment Act is not to be regarded as a change of law (however defined) under any agreement or deed in effect on the commencement day.\n(sch.3-sec.101-ssec.2) Subclause (1) applies despite any provision in any agreement or deed to the contrary.","sortOrder":955},{"sectionNumber":"sch.3-sec.102","sectionType":"section","heading":"Rights under contracts etc","content":"### sch.3-sec.102 Rights under contracts etc\n\nThe substitution of the definition of the MCE by section 33 of the Amendment Act does not affect a right, obligation, liability or immunity of the MCE under an agreement, deed or other instrument entered into by the MCE and in effect on the commencement day.\nOn and from the commencement day, a reference to the Ministerial Council on Energy or MCE in an agreement, deed or other instrument referred to in subclause (1) will be taken to be a reference to the MCE as defined in section 2 (as amended by section 33 of the Amendment Act).\nSubclause (1) applies despite any provision in any agreement, deed or other instrument to the contrary.\nsch 3 s 102 ins 2021 No. 3 (SA) s 55\n(sch.3-sec.102-ssec.1) The substitution of the definition of the MCE by section 33 of the Amendment Act does not affect a right, obligation, liability or immunity of the MCE under an agreement, deed or other instrument entered into by the MCE and in effect on the commencement day.\n(sch.3-sec.102-ssec.2) On and from the commencement day, a reference to the Ministerial Council on Energy or MCE in an agreement, deed or other instrument referred to in subclause (1) will be taken to be a reference to the MCE as defined in section 2 (as amended by section 33 of the Amendment Act).\n(sch.3-sec.102-ssec.3) Subclause (1) applies despite any provision in any agreement, deed or other instrument to the contrary.","sortOrder":956},{"sectionNumber":"sch.3-sec.103","sectionType":"section","heading":"Saving of decisions etc","content":"### sch.3-sec.103 Saving of decisions etc\n\nThe substitution of the definition of the MCE by section 33 of the Amendment Act does not affect the validity of—\nany decision or direction made by the MCE before the commencement day; or\nany appointment in accordance with a recommendation or nomination of the MCE made before the commencement day.\nsch 3 s 103 ins 2021 No. 3 (SA) s 55\n- (a) any decision or direction made by the MCE before the commencement day; or\n- (b) any appointment in accordance with a recommendation or nomination of the MCE made before the commencement day.","sortOrder":957},{"sectionNumber":"sch.3-pt.19","sectionType":"part","heading":"Transitional provisions related to pipeline regulation amendments","content":"# Transitional provisions related to pipeline regulation amendments","sortOrder":958},{"sectionNumber":"sch.3-pt.19-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":959},{"sectionNumber":"sch.3-sec.104","sectionType":"section","heading":"Definitions","content":"### sch.3-sec.104 Definitions\n\nIn this Part—\n15-year no-coverage determination means a 15-year no-coverage determination within the meaning of section 2 of the pre-amended Law;\ncommencement day means the day on which this Part comes into operation;\ncovered pipeline means a covered pipeline within the meaning of section 2 of the pre-amended Law;\nlimited access arrangement means a limited access arrangement within the meaning of section 2 of the pre-amended Law;\npre-amended Law means this Law as in force immediately before the commencement day;\nprice regulation exemption means a price regulation exemption within the meaning of section 2 of the pre-amended Law;\nrelevant entity means—\na relevant Minister within the meaning of section 2 of the pre-amended Law; or\nthe NCC within the meaning of section 2 of the pre-amended Law;\ntender approval decision means a tender approval decision within the meaning of section 2 of the pre-amended Law;\ntender approval pipeline means a pipeline to which a tender approval decision relates under section 126 of the pre-amended Law;\nvoluntary access arrangement pipeline means a pipeline in relation to which a full access arrangement was voluntarily submitted under section 127 of the pre-amended Law.\nsch 3 s 104 ins 2022 No. 21 (SA) s 90 (2)\n- (a) a relevant Minister within the meaning of section 2 of the pre-amended Law; or\n- (b) the NCC within the meaning of section 2 of the pre-amended Law;","sortOrder":960},{"sectionNumber":"sch.3-pt.19-div.2","sectionType":"division","heading":"Regulation and classification of pipelines","content":"## Regulation and classification of pipelines","sortOrder":961},{"sectionNumber":"sch.3-sec.105","sectionType":"section","heading":"Particular covered pipelines deemed to be scheme pipelines","content":"### sch.3-sec.105 Particular covered pipelines deemed to be scheme pipelines\n\nThis clause applies in relation to a pipeline that, immediately before the commencement day, was a covered pipeline, other than a light regulation pipeline.\nA covered pipeline includes a pipeline deemed to be a covered pipeline by operation of section 126 or 127 of the pre-amended Law.\nOn the commencement day—\nthe covered pipeline is deemed to be a scheme pipeline; and\na scheme pipeline determination is deemed to have been made in relation to the pipeline.\nIn this section—\nlight regulation pipeline means a covered pipeline by means of which light regulation services, within the meaning of section 2 of the pre-amended Law, are supplied under a light regulation determination, within the meaning of section 2 of the pre-amended Law.\nsch 3 s 105 ins 2022 No. 21 (SA) s 90 (2)\n(sch.3-sec.105-ssec.1) This clause applies in relation to a pipeline that, immediately before the commencement day, was a covered pipeline, other than a light regulation pipeline. A covered pipeline includes a pipeline deemed to be a covered pipeline by operation of section 126 or 127 of the pre-amended Law.\n(sch.3-sec.105-ssec.2) On the commencement day— the covered pipeline is deemed to be a scheme pipeline; and a scheme pipeline determination is deemed to have been made in relation to the pipeline.\n(sch.3-sec.105-ssec.3) In this section— light regulation pipeline means a covered pipeline by means of which light regulation services, within the meaning of section 2 of the pre-amended Law, are supplied under a light regulation determination, within the meaning of section 2 of the pre-amended Law.\n- (a) the covered pipeline is deemed to be a scheme pipeline; and\n- (b) a scheme pipeline determination is deemed to have been made in relation to the pipeline.","sortOrder":962},{"sectionNumber":"sch.3-sec.106","sectionType":"section","heading":"Particular tender approval pipelines become scheme pipelines","content":"### sch.3-sec.106 Particular tender approval pipelines become scheme pipelines\n\nThis clause applies in relation to a tender approval pipeline if the tender approval decision for the pipeline has not become irrevocable before the commencement day.\nOn the tender approval decision becoming irrevocable—\nthe pipeline becomes a scheme pipeline; and\na scheme pipeline determination is deemed to have been made in relation to the pipeline.\nsch 3 s 106 ins 2022 No. 21 (SA) s 90 (2)\n(sch.3-sec.106-ssec.1) This clause applies in relation to a tender approval pipeline if the tender approval decision for the pipeline has not become irrevocable before the commencement day.\n(sch.3-sec.106-ssec.2) On the tender approval decision becoming irrevocable— the pipeline becomes a scheme pipeline; and a scheme pipeline determination is deemed to have been made in relation to the pipeline.\n- (a) the pipeline becomes a scheme pipeline; and\n- (b) a scheme pipeline determination is deemed to have been made in relation to the pipeline.","sortOrder":963},{"sectionNumber":"sch.3-sec.107","sectionType":"section","heading":"When particular scheme pipelines become non-scheme pipelines","content":"### sch.3-sec.107 When particular scheme pipelines become non-scheme pipelines\n\nThis clause applies in relation to a pipeline that, before the commencement day, was a tender approval pipeline and—\nis deemed to be a scheme pipeline under clause 105; or\nbecomes a scheme pipeline under clause 106.\nOn the earlier of the following events happening, the pipeline becomes a non-scheme pipeline—\nif there is an applicable access arrangement that applies to the pipeline services provided by means of that pipeline—when that arrangement expires;\nwhen a scheme pipeline revocation determination made in relation to that pipeline takes effect.\nsch 3 s 107 ins 2022 No. 21 (SA) s 90 (2)\n(sch.3-sec.107-ssec.1) This clause applies in relation to a pipeline that, before the commencement day, was a tender approval pipeline and— is deemed to be a scheme pipeline under clause 105; or becomes a scheme pipeline under clause 106.\n(sch.3-sec.107-ssec.2) On the earlier of the following events happening, the pipeline becomes a non-scheme pipeline— if there is an applicable access arrangement that applies to the pipeline services provided by means of that pipeline—when that arrangement expires; when a scheme pipeline revocation determination made in relation to that pipeline takes effect.\n- (a) is deemed to be a scheme pipeline under clause 105; or\n- (b) becomes a scheme pipeline under clause 106.\n- (a) if there is an applicable access arrangement that applies to the pipeline services provided by means of that pipeline—when that arrangement expires;\n- (b) when a scheme pipeline revocation determination made in relation to that pipeline takes effect.","sortOrder":964},{"sectionNumber":"sch.3-sec.108","sectionType":"section","heading":"Particular voluntary access arrangement pipelines become scheme pipelines","content":"### sch.3-sec.108 Particular voluntary access arrangement pipelines become scheme pipelines\n\nThis clause applies in relation to a voluntary access arrangement pipeline if the full access arrangement voluntarily submitted to the AER has not been approved before the commencement day.\nOn the day the full access arrangement takes effect as an applicable access arrangement—\nthe pipeline becomes a scheme pipeline; and\na scheme pipeline determination is deemed to have been made in relation to the pipeline.\nsch 3 s 108 ins 2022 No. 21 (SA) s 90 (2)\n(sch.3-sec.108-ssec.1) This clause applies in relation to a voluntary access arrangement pipeline if the full access arrangement voluntarily submitted to the AER has not been approved before the commencement day.\n(sch.3-sec.108-ssec.2) On the day the full access arrangement takes effect as an applicable access arrangement— the pipeline becomes a scheme pipeline; and a scheme pipeline determination is deemed to have been made in relation to the pipeline.\n- (a) the pipeline becomes a scheme pipeline; and\n- (b) a scheme pipeline determination is deemed to have been made in relation to the pipeline.","sortOrder":965},{"sectionNumber":"sch.3-sec.109","sectionType":"section","heading":"When particular scheme pipelines become non-scheme pipelines","content":"### sch.3-sec.109 When particular scheme pipelines become non-scheme pipelines\n\nThis clause applies to a pipeline that, before the commencement day, was a voluntary access arrangement pipeline and—\nis deemed to be a scheme pipeline under clause 105; or\nbecomes a scheme pipeline under clause 108.\nOn the earlier of the following events happening, the pipeline becomes a non-scheme pipeline—\nif there is an applicable access arrangement that applies to the pipeline services provided by means of that pipeline—when that arrangement expires;\nwhen a scheme pipeline revocation determination takes effect in relation to the pipeline.\nsch 3 s 109 ins 2022 No. 21 (SA) s 90 (2)\n(sch.3-sec.109-ssec.1) This clause applies to a pipeline that, before the commencement day, was a voluntary access arrangement pipeline and— is deemed to be a scheme pipeline under clause 105; or becomes a scheme pipeline under clause 108.\n(sch.3-sec.109-ssec.2) On the earlier of the following events happening, the pipeline becomes a non-scheme pipeline— if there is an applicable access arrangement that applies to the pipeline services provided by means of that pipeline—when that arrangement expires; when a scheme pipeline revocation determination takes effect in relation to the pipeline.\n- (a) is deemed to be a scheme pipeline under clause 105; or\n- (b) becomes a scheme pipeline under clause 108.\n- (a) if there is an applicable access arrangement that applies to the pipeline services provided by means of that pipeline—when that arrangement expires;\n- (b) when a scheme pipeline revocation determination takes effect in relation to the pipeline.","sortOrder":966},{"sectionNumber":"sch.3-sec.110","sectionType":"section","heading":"Classification under pre-amended Law continues in effect","content":"### sch.3-sec.110 Classification under pre-amended Law continues in effect\n\nOn the commencement day—\na pipeline that, immediately before the commencement day, is a distribution pipeline within the meaning of section 2 of the pre-amended Law continues to be a distribution pipeline; and\na pipeline that, immediately before the commencement day, is a transmission pipeline within the meaning of section 2 of the pre-amended Law continues to be a transmission pipeline.\nNothing in subclause (1) prevents a pipeline from being reclassified, under this Law, as a distribution pipeline or transmission pipeline.\nsch 3 s 110 ins 2022 No. 21 (SA) s 90 (2)\n(sch.3-sec.110-ssec.1) On the commencement day— a pipeline that, immediately before the commencement day, is a distribution pipeline within the meaning of section 2 of the pre-amended Law continues to be a distribution pipeline; and a pipeline that, immediately before the commencement day, is a transmission pipeline within the meaning of section 2 of the pre-amended Law continues to be a transmission pipeline.\n(sch.3-sec.110-ssec.2) Nothing in subclause (1) prevents a pipeline from being reclassified, under this Law, as a distribution pipeline or transmission pipeline.\n- (a) a pipeline that, immediately before the commencement day, is a distribution pipeline within the meaning of section 2 of the pre-amended Law continues to be a distribution pipeline; and\n- (b) a pipeline that, immediately before the commencement day, is a transmission pipeline within the meaning of section 2 of the pre-amended Law continues to be a transmission pipeline.","sortOrder":967},{"sectionNumber":"sch.3-sec.111","sectionType":"section","heading":"Pipelines not classified under pre-amended Law or jurisdictional gas legislation","content":"### sch.3-sec.111 Pipelines not classified under pre-amended Law or jurisdictional gas legislation\n\nThis clause applies in relation to an existing pipeline that, immediately before the commencement day, was not classified as a distribution pipeline or transmission pipeline under the pre-amended Law or under a licence or authorisation granted in relation to the pipeline under jurisdictional gas legislation.\nOn the commencement day, the pipeline is taken to have the classification shown in the register known as the ‘Gas pipeline register’ that is maintained by the AEMC under Part 15 of the Rules (the AEMC register ).\nHowever, if the AEMC register does not contain a classification for the pipeline, the service provider must apply to the AER for a classification decision within 2 months after the commencement day.\nNothing in subclause (2) prevents the pipeline from being reclassified, under this Law, as a distribution pipeline or transmission pipeline.\nsch 3 s 111 ins 2022 No. 21 (SA) s 90 (2)\n(sch.3-sec.111-ssec.1) This clause applies in relation to an existing pipeline that, immediately before the commencement day, was not classified as a distribution pipeline or transmission pipeline under the pre-amended Law or under a licence or authorisation granted in relation to the pipeline under jurisdictional gas legislation.\n(sch.3-sec.111-ssec.2) On the commencement day, the pipeline is taken to have the classification shown in the register known as the ‘Gas pipeline register’ that is maintained by the AEMC under Part 15 of the Rules (the AEMC register ).\n(sch.3-sec.111-ssec.3) However, if the AEMC register does not contain a classification for the pipeline, the service provider must apply to the AER for a classification decision within 2 months after the commencement day.\n(sch.3-sec.111-ssec.4) Nothing in subclause (2) prevents the pipeline from being reclassified, under this Law, as a distribution pipeline or transmission pipeline.","sortOrder":968},{"sectionNumber":"sch.3-sec.112","sectionType":"section","heading":"Notice to be given about classification of particular pipelines","content":"### sch.3-sec.112 Notice to be given about classification of particular pipelines\n\nThis clause applies in relation to a pipeline that—\nimmediately before the commencement day, was a pipeline to which the pre-amended Law applied; but\ndoes not have a classification that is continued, or taken to be, in effect for the pipeline under clauses 110 to 111.\nWithin 2 months after the commencement day, the service provider for the pipeline must notify the AEMC whether the pipeline is classified as a distribution pipeline or as a transmission pipeline under the licence or authorisation granted in relation to the pipeline under jurisdictional gas legislation.\nsch 3 s 112 ins 2022 No. 21 (SA) s 90 (2)\n(sch.3-sec.112-ssec.1) This clause applies in relation to a pipeline that— immediately before the commencement day, was a pipeline to which the pre-amended Law applied; but does not have a classification that is continued, or taken to be, in effect for the pipeline under clauses 110 to 111.\n(sch.3-sec.112-ssec.2) Within 2 months after the commencement day, the service provider for the pipeline must notify the AEMC whether the pipeline is classified as a distribution pipeline or as a transmission pipeline under the licence or authorisation granted in relation to the pipeline under jurisdictional gas legislation.\n- (a) immediately before the commencement day, was a pipeline to which the pre-amended Law applied; but\n- (b) does not have a classification that is continued, or taken to be, in effect for the pipeline under clauses 110 to 111.","sortOrder":969},{"sectionNumber":"sch.3-pt.19-div.3","sectionType":"division","heading":"Pending matters under Chapter 3 of pre-amended Law","content":"## Pending matters under Chapter 3 of pre-amended Law","sortOrder":970},{"sectionNumber":"sch.3-sec.113","sectionType":"section","heading":"Pending applications under Chapter 3 of pre-amended Law","content":"### sch.3-sec.113 Pending applications under Chapter 3 of pre-amended Law\n\nThis clause applies despite clause 43(1)(b) and (c) of Schedule 2 to this Law.\nOn the commencement day, any application under Chapter 3 of the pre-amended Law in respect of which a decision has not been made under that Chapter immediately before that day lapses.\nsch 3 s 113 ins 2022 No. 21 (SA) s 90 (2)\n(sch.3-sec.113-ssec.1) This clause applies despite clause 43(1)(b) and (c) of Schedule 2 to this Law.\n(sch.3-sec.113-ssec.2) On the commencement day, any application under Chapter 3 of the pre-amended Law in respect of which a decision has not been made under that Chapter immediately before that day lapses.","sortOrder":971},{"sectionNumber":"sch.3-sec.114","sectionType":"section","heading":"Recommendation-making process under Chapter 3 of pre-amended Law","content":"### sch.3-sec.114 Recommendation-making process under Chapter 3 of pre-amended Law\n\nThis clause applies if, immediately before the commencement day, a relevant entity—\nis deciding whether to make a recommendation (however described) under a requirement of Chapter 3 of the pre-amended Law; and\nhas not made the recommendation.\nOn the commencement day—\nthe requirement to make the recommendation stops having effect; and\nthe relevant entity must stop deciding whether to make the recommendation.\nsch 3 s 114 ins 2022 No. 21 (SA) s 90 (2)\n(sch.3-sec.114-ssec.1) This clause applies if, immediately before the commencement day, a relevant entity— is deciding whether to make a recommendation (however described) under a requirement of Chapter 3 of the pre-amended Law; and has not made the recommendation.\n(sch.3-sec.114-ssec.2) On the commencement day— the requirement to make the recommendation stops having effect; and the relevant entity must stop deciding whether to make the recommendation.\n- (a) is deciding whether to make a recommendation (however described) under a requirement of Chapter 3 of the pre-amended Law; and\n- (b) has not made the recommendation.\n- (a) the requirement to make the recommendation stops having effect; and\n- (b) the relevant entity must stop deciding whether to make the recommendation.","sortOrder":972},{"sectionNumber":"sch.3-sec.115","sectionType":"section","heading":"Decision-making process under Chapter 3 of pre-amended Law","content":"### sch.3-sec.115 Decision-making process under Chapter 3 of pre-amended Law\n\nThis clause applies if, immediately before the commencement day, a relevant entity—\nis deciding whether to make a decision (however described) or determination (however described) under a requirement of Chapter 3 of the pre-amended Law; and\nhas not made the decision or determination.\nOn the commencement day—\nthe requirement to make the decision or determination stops having effect; and\nthe relevant entity must stop deciding whether to make the decision or determination.\nsch 3 s 115 ins 2022 No. 21 (SA) s 90 (2)\n(sch.3-sec.115-ssec.1) This clause applies if, immediately before the commencement day, a relevant entity— is deciding whether to make a decision (however described) or determination (however described) under a requirement of Chapter 3 of the pre-amended Law; and has not made the decision or determination.\n(sch.3-sec.115-ssec.2) On the commencement day— the requirement to make the decision or determination stops having effect; and the relevant entity must stop deciding whether to make the decision or determination.\n- (a) is deciding whether to make a decision (however described) or determination (however described) under a requirement of Chapter 3 of the pre-amended Law; and\n- (b) has not made the decision or determination.\n- (a) the requirement to make the decision or determination stops having effect; and\n- (b) the relevant entity must stop deciding whether to make the decision or determination.","sortOrder":973},{"sectionNumber":"sch.3-pt.19-div.4","sectionType":"division","heading":"Provisions for limited access arrangements","content":"## Provisions for limited access arrangements","sortOrder":974},{"sectionNumber":"sch.3-sec.116","sectionType":"section","heading":"Limited access arrangements","content":"### sch.3-sec.116 Limited access arrangements\n\nThis clause applies in relation to a limited access arrangement that is in force immediately before the commencement day.\nOn the commencement day, the limited access arrangement lapses.\nsch 3 s 116 ins 2022 No. 21 (SA) s 90 (2)\n(sch.3-sec.116-ssec.1) This clause applies in relation to a limited access arrangement that is in force immediately before the commencement day.\n(sch.3-sec.116-ssec.2) On the commencement day, the limited access arrangement lapses.","sortOrder":975},{"sectionNumber":"sch.3-sec.117","sectionType":"section","heading":"Submission of limited access arrangement","content":"### sch.3-sec.117 Submission of limited access arrangement\n\nThis clause applies if, before the commencement day—\na service provider has submitted a limited access arrangement to the AER for approval; and\nthe AER has not approved the limited access arrangement.\nOn the commencement day, the submission lapses.\nsch 3 s 117 ins 2022 No. 21 (SA) s 90 (2)\n(sch.3-sec.117-ssec.1) This clause applies if, before the commencement day— a service provider has submitted a limited access arrangement to the AER for approval; and the AER has not approved the limited access arrangement.\n(sch.3-sec.117-ssec.2) On the commencement day, the submission lapses.\n- (a) a service provider has submitted a limited access arrangement to the AER for approval; and\n- (b) the AER has not approved the limited access arrangement.","sortOrder":976},{"sectionNumber":"sch.3-pt.19-div.5","sectionType":"division","heading":"Provisions for 15-year no-coverage determinations","content":"## Provisions for 15-year no-coverage determinations","sortOrder":977},{"sectionNumber":"sch.3-sec.118","sectionType":"section","heading":"15-year no-coverage determinations deemed to be greenfields incentive determinations","content":"### sch.3-sec.118 15-year no-coverage determinations deemed to be greenfields incentive determinations\n\nOn the commencement day, a 15-year no-coverage determination that was in force immediately before the commencement day is deemed to be a greenfields incentive determination.\nThe determination continues in operation for a period of 15 years from the commissioning of the pipeline.\nsch 3 s 118 ins 2022 No. 21 (SA) s 90 (2)\n(sch.3-sec.118-ssec.1) On the commencement day, a 15-year no-coverage determination that was in force immediately before the commencement day is deemed to be a greenfields incentive determination.\n(sch.3-sec.118-ssec.2) The determination continues in operation for a period of 15 years from the commissioning of the pipeline.","sortOrder":978},{"sectionNumber":"sch.3-sec.119","sectionType":"section","heading":"Exemption for pipelines to which a 15-year no-coverage determination applied","content":"### sch.3-sec.119 Exemption for pipelines to which a 15-year no-coverage determination applied\n\nThis clause applies to a pipeline if a 15-year no-coverage determination that applied to the pipeline before the commencement day is deemed to be a greenfields incentive determination under clause 118.\nDuring the period mentioned in clause 118(2), Chapters 4 and 5 do not apply to the pipeline unless the pipeline is or becomes a third party access pipeline.\nA pipeline is a third party access pipeline for the purposes of this clause if any pipeline services provided by means of the pipeline are provided, directly or indirectly, to any person other than—\nthe service provider for the pipeline; or\na related body corporate of the service provider for the pipeline; or\na joint venture in which the service provider for the pipeline or a related body corporate of the service provider is a joint venture participant.\nsch 3 s 119 ins 2022 No. 21 (SA) s 90 (2)\n(sch.3-sec.119-ssec.1) This clause applies to a pipeline if a 15-year no-coverage determination that applied to the pipeline before the commencement day is deemed to be a greenfields incentive determination under clause 118.\n(sch.3-sec.119-ssec.2) During the period mentioned in clause 118(2), Chapters 4 and 5 do not apply to the pipeline unless the pipeline is or becomes a third party access pipeline.\n(sch.3-sec.119-ssec.3) A pipeline is a third party access pipeline for the purposes of this clause if any pipeline services provided by means of the pipeline are provided, directly or indirectly, to any person other than— the service provider for the pipeline; or a related body corporate of the service provider for the pipeline; or a joint venture in which the service provider for the pipeline or a related body corporate of the service provider is a joint venture participant.\n- (a) the service provider for the pipeline; or\n- (b) a related body corporate of the service provider for the pipeline; or\n- (c) a joint venture in which the service provider for the pipeline or a related body corporate of the service provider is a joint venture participant.","sortOrder":979},{"sectionNumber":"sch.3-sec.120","sectionType":"section","heading":"Pending applications for 15-year no-coverage determinations under pre-amended Law","content":"### sch.3-sec.120 Pending applications for 15-year no-coverage determinations under pre-amended Law\n\nThis clause applies in relation to an application for a 15-year no-coverage determination under Chapter 5 Part 2 of the pre-amended Law in respect of which a decision has not been made under that Part immediately before the commencement day.\nChapter 5 Part 2 as in force immediately before the commencement day continues to apply to the application as if that Part were still in force.\nTo remove any doubt, a relevant entity may, in relation to the application, make a recommendation or determination under Chapter 5 Part 2 as in force immediately before the commencement day as if that Part were still in force.\nA 15-year no-coverage determination made on or after the commencement day, under the operation of this clause, is deemed to be a greenfields incentive determination.\nThe greenfields incentive determination continues in operation for a period of 15 years from the commissioning of the pipeline.\nsch 3 s 120 ins 2022 No. 21 (SA) s 90 (2)\n(sch.3-sec.120-ssec.1) This clause applies in relation to an application for a 15-year no-coverage determination under Chapter 5 Part 2 of the pre-amended Law in respect of which a decision has not been made under that Part immediately before the commencement day.\n(sch.3-sec.120-ssec.2) Chapter 5 Part 2 as in force immediately before the commencement day continues to apply to the application as if that Part were still in force.\n(sch.3-sec.120-ssec.3) To remove any doubt, a relevant entity may, in relation to the application, make a recommendation or determination under Chapter 5 Part 2 as in force immediately before the commencement day as if that Part were still in force.\n(sch.3-sec.120-ssec.4) A 15-year no-coverage determination made on or after the commencement day, under the operation of this clause, is deemed to be a greenfields incentive determination.\n(sch.3-sec.120-ssec.5) The greenfields incentive determination continues in operation for a period of 15 years from the commissioning of the pipeline.","sortOrder":980},{"sectionNumber":"sch.3-sec.121","sectionType":"section","heading":"Pending applications for price regulation exemption","content":"### sch.3-sec.121 Pending applications for price regulation exemption\n\nOn the commencement day, any application for a price regulation exemption under section 160 of the pre-amended Law in respect of which a decision has not been made under Chapter 5 Part 3 of the pre-amended Law immediately before that day lapses.\nsch 3 s 121 ins 2022 No. 21 (SA) s 90 (2)","sortOrder":981},{"sectionNumber":"sch.3-sec.122","sectionType":"section","heading":"Making of recommendations for price regulation exemptions","content":"### sch.3-sec.122 Making of recommendations for price regulation exemptions\n\nThis clause applies if the NCC—\nhas received under section 160 of the pre-amended Law an application for a price regulation exemption for a pipeline the subject of the application; and\nimmediately before the commencement day, has not made a recommendation under section 162 of the pre-amended Law.\nOn the commencement day—\nthe requirement to make the recommendation stops having effect; and\nthe NCC must not make the recommendation.\nsch 3 s 122 ins 2022 No. 21 (SA) s 90 (2)\n(sch.3-sec.122-ssec.1) This clause applies if the NCC— has received under section 160 of the pre-amended Law an application for a price regulation exemption for a pipeline the subject of the application; and immediately before the commencement day, has not made a recommendation under section 162 of the pre-amended Law.\n(sch.3-sec.122-ssec.2) On the commencement day— the requirement to make the recommendation stops having effect; and the NCC must not make the recommendation.\n- (a) has received under section 160 of the pre-amended Law an application for a price regulation exemption for a pipeline the subject of the application; and\n- (b) immediately before the commencement day, has not made a recommendation under section 162 of the pre-amended Law.\n- (a) the requirement to make the recommendation stops having effect; and\n- (b) the NCC must not make the recommendation.","sortOrder":982},{"sectionNumber":"sch.3-sec.123","sectionType":"section","heading":"Granting of price regulation exemptions","content":"### sch.3-sec.123 Granting of price regulation exemptions\n\nThis clause applies if, immediately before the commencement day, the Commonwealth Minister—\nis deciding whether to make a decision to grant a price regulation exemption under section 164 of the pre-amended Law; and\nhas not granted the exemption.\nOn the commencement day—\nthe requirement to decide whether to make a decision to grant the exemption stops having effect; and\nthe Commonwealth Minister must stop deciding whether to make a decision to grant the exemption.\nsch 3 s 123 ins 2022 No. 21 (SA) s 90 (2)\n(sch.3-sec.123-ssec.1) This clause applies if, immediately before the commencement day, the Commonwealth Minister— is deciding whether to make a decision to grant a price regulation exemption under section 164 of the pre-amended Law; and has not granted the exemption.\n(sch.3-sec.123-ssec.2) On the commencement day— the requirement to decide whether to make a decision to grant the exemption stops having effect; and the Commonwealth Minister must stop deciding whether to make a decision to grant the exemption.\n- (a) is deciding whether to make a decision to grant a price regulation exemption under section 164 of the pre-amended Law; and\n- (b) has not granted the exemption.\n- (a) the requirement to decide whether to make a decision to grant the exemption stops having effect; and\n- (b) the Commonwealth Minister must stop deciding whether to make a decision to grant the exemption.","sortOrder":983},{"sectionNumber":"sch.3-sec.124","sectionType":"section","heading":"Price regulation exemptions deemed to be greenfields incentive determinations","content":"### sch.3-sec.124 Price regulation exemptions deemed to be greenfields incentive determinations\n\nThis clause applies in relation to a price regulation exemption if the exemption—\nhas been granted before the commencement day; and\nimmediately before the commencement day, is not ineffective only because of section 167(2) of the pre-amended Law.\nUnder section 167(2) of the pre-amended Law, a price regulation exemption is ineffective unless a limited access arrangement, approved by the AER, is in force in relation to the relevant pipeline.\nOn the commencement day, the exemption is deemed to be a greenfields incentive determination.\nThe greenfields incentive determination continues in operation for a period of 15 years from the commissioning of the pipeline.\nUnder section 167(1) of the pre-amended Law, if a price regulation exemption is granted, the exemption remains in force for a period of 15 years from the commissioning of the pipeline.\nsch 3 s 124 ins 2022 No. 21 (SA) s 90 (2)\n(sch.3-sec.124-ssec.1) This clause applies in relation to a price regulation exemption if the exemption— has been granted before the commencement day; and immediately before the commencement day, is not ineffective only because of section 167(2) of the pre-amended Law. Under section 167(2) of the pre-amended Law, a price regulation exemption is ineffective unless a limited access arrangement, approved by the AER, is in force in relation to the relevant pipeline.\n(sch.3-sec.124-ssec.2) On the commencement day, the exemption is deemed to be a greenfields incentive determination.\n(sch.3-sec.124-ssec.3) The greenfields incentive determination continues in operation for a period of 15 years from the commissioning of the pipeline. Under section 167(1) of the pre-amended Law, if a price regulation exemption is granted, the exemption remains in force for a period of 15 years from the commissioning of the pipeline.\n- (a) has been granted before the commencement day; and\n- (b) immediately before the commencement day, is not ineffective only because of section 167(2) of the pre-amended Law. Note— Under section 167(2) of the pre-amended Law, a price regulation exemption is ineffective unless a limited access arrangement, approved by the AER, is in force in relation to the relevant pipeline.","sortOrder":984},{"sectionNumber":"sch.3-pt.19-div.6","sectionType":"division","heading":"Access disputes","content":"## Access disputes","sortOrder":985},{"sectionNumber":"sch.3-sec.125","sectionType":"section","heading":"Access disputes started under pre-amended Law","content":"### sch.3-sec.125 Access disputes started under pre-amended Law\n\nThis clause applies if—\nan access dispute has been started under Chapter 6 or 6A of the pre-amended Law; and\nthe access dispute has not been finally dealt with or decided immediately before the commencement day.\nAn access dispute started under Chapter 6 of the pre-amended Law must be dealt with and decided under that Chapter as if it were still in force and despite Chapter 5.\nAn access dispute started under Chapter 6A of the pre-amended Law must be dealt with and decided under that Chapter as if it were still in force and despite Chapter 5.\nsch 3 s 125 ins 2022 No. 21 (SA) s 90 (2)\n(sch.3-sec.125-ssec.1) This clause applies if— an access dispute has been started under Chapter 6 or 6A of the pre-amended Law; and the access dispute has not been finally dealt with or decided immediately before the commencement day.\n(sch.3-sec.125-ssec.2) An access dispute started under Chapter 6 of the pre-amended Law must be dealt with and decided under that Chapter as if it were still in force and despite Chapter 5.\n(sch.3-sec.125-ssec.3) An access dispute started under Chapter 6A of the pre-amended Law must be dealt with and decided under that Chapter as if it were still in force and despite Chapter 5.\n- (a) an access dispute has been started under Chapter 6 or 6A of the pre-amended Law; and\n- (b) the access dispute has not been finally dealt with or decided immediately before the commencement day.","sortOrder":986},{"sectionNumber":"sch.3-pt.19-div.7","sectionType":"division","heading":"Miscellaneous provisions","content":"## Miscellaneous provisions","sortOrder":987},{"sectionNumber":"sch.3-sec.126","sectionType":"section","heading":"Service provider for non-scheme pipeline not required to comply with section 131","content":"### sch.3-sec.126 Service provider for non-scheme pipeline not required to comply with section 131\n\nThis clause applies in relation to a service provider for a pipeline that—\nwas in operation before the commencement day; and\non the commencement day, is a non-scheme pipeline.\nThe service provider is not required to comply with section 131.\nsch 3 s 126 ins 2022 No. 21 (SA) s 90 (2)\n(sch.3-sec.126-ssec.1) This clause applies in relation to a service provider for a pipeline that— was in operation before the commencement day; and on the commencement day, is a non-scheme pipeline.\n(sch.3-sec.126-ssec.2) The service provider is not required to comply with section 131.\n- (a) was in operation before the commencement day; and\n- (b) on the commencement day, is a non-scheme pipeline.","sortOrder":988},{"sectionNumber":"sch.3-sec.127","sectionType":"section","heading":"Exemptions from minimum ring fencing requirements","content":"### sch.3-sec.127 Exemptions from minimum ring fencing requirements\n\nThis clause applies in relation to a service provider who held an exemption under section 146 of the pre-amended Law that was in force immediately before the commencement day.\nOn the commencement day, the exemption continues in force.\nsch 3 s 127 ins 2022 No. 21 (SA) s 90 (2)\n(sch.3-sec.127-ssec.1) This clause applies in relation to a service provider who held an exemption under section 146 of the pre-amended Law that was in force immediately before the commencement day.\n(sch.3-sec.127-ssec.2) On the commencement day, the exemption continues in force.","sortOrder":989},{"sectionNumber":"sch.3-sec.128","sectionType":"section","heading":"Delayed commencement of ring fencing requirements for non-scheme pipelines","content":"### sch.3-sec.128 Delayed commencement of ring fencing requirements for non-scheme pipelines\n\nThis clause applies in relation to a pipeline that, immediately before the commencement day, was a non-scheme pipeline.\nOn the commencement day, Part 2 of Chapter 4 does not apply to the pipeline.\nHowever, Part 2 of Chapter 4 starts applying to the pipeline at the end of 12 months after the commencement day.\nsch 3 s 128 ins 2022 No. 21 (SA) s 90 (2)\n(sch.3-sec.128-ssec.1) This clause applies in relation to a pipeline that, immediately before the commencement day, was a non-scheme pipeline.\n(sch.3-sec.128-ssec.2) On the commencement day, Part 2 of Chapter 4 does not apply to the pipeline.\n(sch.3-sec.128-ssec.3) However, Part 2 of Chapter 4 starts applying to the pipeline at the end of 12 months after the commencement day.","sortOrder":990},{"sectionNumber":"sch.3-sec.129","sectionType":"section","heading":"Provision for Goldfields Gas Pipeline","content":"### sch.3-sec.129 Provision for Goldfields Gas Pipeline\n\nOn the commencement day, any expansion of the Goldfields Gas Pipeline that did not previously form part of the scheme pipeline becomes part of the scheme pipeline.\nIn this section—\nGoldfields Gas Pipeline means the transmission pipeline between Yarraloola and Kalgoorlie in Western Australia and defined in Pipeline Licence 24 (as amended) issued under the Petroleum Pipelines Act 1969 of Western Australia, including any extension to, or expansion of the capacity of, that pipeline.\nsch 3 s 129 ins 2022 No. 21 (SA) s 90 (2)\n(sch.3-sec.129-ssec.1) On the commencement day, any expansion of the Goldfields Gas Pipeline that did not previously form part of the scheme pipeline becomes part of the scheme pipeline.\n(sch.3-sec.129-ssec.2) In this section— Goldfields Gas Pipeline means the transmission pipeline between Yarraloola and Kalgoorlie in Western Australia and defined in Pipeline Licence 24 (as amended) issued under the Petroleum Pipelines Act 1969 of Western Australia, including any extension to, or expansion of the capacity of, that pipeline.","sortOrder":991},{"sectionNumber":"sch.3-sec.130","sectionType":"section","heading":"Provision for Northern Gas Pipeline","content":"### sch.3-sec.130 Provision for Northern Gas Pipeline\n\nThis clause applies in relation to the Northern Gas Pipeline.\nOn the commencement day, Chapters 4 and 5 do not apply to the pipeline.\nHowever, Chapters 4 and 5 start applying to the pipeline—\nif the pipeline becomes a scheme pipeline—when the pipeline becomes a scheme pipeline; or\notherwise—at the end of a period of 15 years from the commissioning of the pipeline.\nIn this clause—\naccess principles means the arrangements agreed between the service provider for the Northern Gas Pipeline and the Northern Territory Government under which a prospective user may gain access to pipeline services on the Northern Gas Pipeline;\nNorthern Gas Pipeline means the pipeline between Tennant Creek in the Northern Territory and Mount Isa in Queensland, the subject of Pipeline Licence 34 granted under the Energy Pipelines Act 1981 of the Northern Territory and Pipeline Licence 2015 granted under the Petroleum and Gas (Production and Safety) Act 2004 of Queensland, including any extension to, or expansion of the capacity of, that pipeline that is subject to the access principles.\nsch 3 s 130 ins 2022 No. 21 (SA) s 90 (2)\n(sch.3-sec.130-ssec.1) This clause applies in relation to the Northern Gas Pipeline.\n(sch.3-sec.130-ssec.2) On the commencement day, Chapters 4 and 5 do not apply to the pipeline.\n(sch.3-sec.130-ssec.3) However, Chapters 4 and 5 start applying to the pipeline— if the pipeline becomes a scheme pipeline—when the pipeline becomes a scheme pipeline; or otherwise—at the end of a period of 15 years from the commissioning of the pipeline.\n(sch.3-sec.130-ssec.4) In this clause— access principles means the arrangements agreed between the service provider for the Northern Gas Pipeline and the Northern Territory Government under which a prospective user may gain access to pipeline services on the Northern Gas Pipeline; Northern Gas Pipeline means the pipeline between Tennant Creek in the Northern Territory and Mount Isa in Queensland, the subject of Pipeline Licence 34 granted under the Energy Pipelines Act 1981 of the Northern Territory and Pipeline Licence 2015 granted under the Petroleum and Gas (Production and Safety) Act 2004 of Queensland, including any extension to, or expansion of the capacity of, that pipeline that is subject to the access principles.\n- (a) if the pipeline becomes a scheme pipeline—when the pipeline becomes a scheme pipeline; or\n- (b) otherwise—at the end of a period of 15 years from the commissioning of the pipeline.","sortOrder":992},{"sectionNumber":"sch.3-sec.131","sectionType":"section","heading":"Pending applications under Rules for approval of tender process","content":"### sch.3-sec.131 Pending applications under Rules for approval of tender process\n\nThis clause applies—\nin relation to an application that has been made to the AER under the Rules for the approval, by the AER, of a tender process for the construction and operation of a proposed pipeline as a competitive tender process; and\nin respect of which the AER has not made a tender approval decision before the commencement day.\nOn the commencement day, the application lapses despite clause 43(1)(b) and (c) of Schedule 2 to this Law.\nsch 3 s 131 ins 2022 No. 21 (SA) s 90 (2)\n(sch.3-sec.131-ssec.1) This clause applies— in relation to an application that has been made to the AER under the Rules for the approval, by the AER, of a tender process for the construction and operation of a proposed pipeline as a competitive tender process; and in respect of which the AER has not made a tender approval decision before the commencement day.\n(sch.3-sec.131-ssec.2) On the commencement day, the application lapses despite clause 43(1)(b) and (c) of Schedule 2 to this Law.\n- (a) in relation to an application that has been made to the AER under the Rules for the approval, by the AER, of a tender process for the construction and operation of a proposed pipeline as a competitive tender process; and\n- (b) in respect of which the AER has not made a tender approval decision before the commencement day.","sortOrder":993},{"sectionNumber":"sch.3-sec.132","sectionType":"section","heading":"Decision-making process under Rules for approval of tender process","content":"### sch.3-sec.132 Decision-making process under Rules for approval of tender process\n\nThis clause applies if, before the commencement day, the AER—\nis deciding whether to make a tender approval decision; and\nhas not made the decision.\nOn the commencement day—\nthe requirement to make the tender approval decision stops having effect; and\nthe AER must stop deciding whether to make the tender approval decision.\nsch 3 s 132 ins 2022 No. 21 (SA) s 90 (2)\n(sch.3-sec.132-ssec.1) This clause applies if, before the commencement day, the AER— is deciding whether to make a tender approval decision; and has not made the decision.\n(sch.3-sec.132-ssec.2) On the commencement day— the requirement to make the tender approval decision stops having effect; and the AER must stop deciding whether to make the tender approval decision.\n- (a) is deciding whether to make a tender approval decision; and\n- (b) has not made the decision.\n- (a) the requirement to make the tender approval decision stops having effect; and\n- (b) the AER must stop deciding whether to make the tender approval decision.","sortOrder":994},{"sectionNumber":"sch.3-pt.20","sectionType":"part","heading":"Transitional provisions related to national gas objective amendments","content":"# Transitional provisions related to national gas objective amendments","sortOrder":995},{"sectionNumber":"sch.3-sec.133","sectionType":"section","heading":"Definitions","content":"### sch.3-sec.133 Definitions\n\nIn this Part—\namended objective means the national gas objective as in force on the commencement of this clause;\namending Act means the Statutes Amendment (National Energy Laws) (Emissions Reduction Objectives) Act 2023 ;\ngovernment or regulatory entity means the AEMC, AEMO, the AER, the Energy Security Board, the MCE or another government entity;\nstart day —see clause 134(2)(a).\nsch 3 s 133 ins 2023 No. 26 (SA) s 18","sortOrder":996},{"sectionNumber":"sch.3-sec.134","sectionType":"section","heading":"When amended objective takes effect for particular matters","content":"### sch.3-sec.134 When amended objective takes effect for particular matters\n\nThis clause applies in relation to a thing required or permitted to be done under this Law by a person or body, other than the AEMC, if, in doing the thing, the person or body is required to consider or apply the national gas objective including, for example, by—\nhaving regard to the national gas objective; or\ndoing the thing in a manner that will or is likely to contribute to the achievement of the national gas objective.\nDespite section 14 of the amending Act—\nthe national gas objective as in force before that section came into operation continues to apply for the doing of the thing until the day (the start day ) that is 2 months after the commencement of this clause; and\nthe amended objective applies in relation to the doing of the thing from the start day.\nHowever, if the thing required or permitted to be done relates to a relevant access arrangement—\non the commencement of this clause the amended objective applies to the doing of the thing; and\nclause 135(3) does not apply in relation to the doing of the thing.\nSubclauses (1) and (2) are subject to clause 135.\nIn this clause—\nrelevant access arrangement means an access arrangement under the Rules proposed to commence on 1 January 2025 for—\nthe Mid-West and South-West Gas Distribution System comprised of the scheme distribution pipeline in Western Australia and defined in gas distribution licence 8 (as amended) issued under the Energy Coordination Act 1994 of Western Australia, including any extension to or expansion of the capacity of that pipeline; or\nthe Goldfields Gas Pipeline comprised of the transmission pipeline between Yarraloola and Kalgoorlie in Western Australia and defined in Pipeline Licence 24 (as amended) issued under the Petroleum Pipelines Act 1969 of Western Australia, including an extension to or expansion of the capacity of, that pipeline.\nsch 3 s 134 ins 2023 No. 26 (SA) s 18\n(sch.3-sec.134-ssec.1) This clause applies in relation to a thing required or permitted to be done under this Law by a person or body, other than the AEMC, if, in doing the thing, the person or body is required to consider or apply the national gas objective including, for example, by— having regard to the national gas objective; or doing the thing in a manner that will or is likely to contribute to the achievement of the national gas objective.\n(sch.3-sec.134-ssec.2) Despite section 14 of the amending Act— the national gas objective as in force before that section came into operation continues to apply for the doing of the thing until the day (the start day ) that is 2 months after the commencement of this clause; and the amended objective applies in relation to the doing of the thing from the start day.\n(sch.3-sec.134-ssec.3) However, if the thing required or permitted to be done relates to a relevant access arrangement— on the commencement of this clause the amended objective applies to the doing of the thing; and clause 135(3) does not apply in relation to the doing of the thing.\n(sch.3-sec.134-ssec.4) Subclauses (1) and (2) are subject to clause 135.\n(sch.3-sec.134-ssec.5) In this clause— relevant access arrangement means an access arrangement under the Rules proposed to commence on 1 January 2025 for— the Mid-West and South-West Gas Distribution System comprised of the scheme distribution pipeline in Western Australia and defined in gas distribution licence 8 (as amended) issued under the Energy Coordination Act 1994 of Western Australia, including any extension to or expansion of the capacity of that pipeline; or the Goldfields Gas Pipeline comprised of the transmission pipeline between Yarraloola and Kalgoorlie in Western Australia and defined in Pipeline Licence 24 (as amended) issued under the Petroleum Pipelines Act 1969 of Western Australia, including an extension to or expansion of the capacity of, that pipeline.\n- (a) having regard to the national gas objective; or\n- (b) doing the thing in a manner that will or is likely to contribute to the achievement of the national gas objective.\n- (a) the national gas objective as in force before that section came into operation continues to apply for the doing of the thing until the day (the start day ) that is 2 months after the commencement of this clause; and\n- (b) the amended objective applies in relation to the doing of the thing from the start day.\n- (a) on the commencement of this clause the amended objective applies to the doing of the thing; and\n- (b) clause 135(3) does not apply in relation to the doing of the thing.\n- (a) the Mid-West and South-West Gas Distribution System comprised of the scheme distribution pipeline in Western Australia and defined in gas distribution licence 8 (as amended) issued under the Energy Coordination Act 1994 of Western Australia, including any extension to or expansion of the capacity of that pipeline; or\n- (b) the Goldfields Gas Pipeline comprised of the transmission pipeline between Yarraloola and Kalgoorlie in Western Australia and defined in Pipeline Licence 24 (as amended) issued under the Petroleum Pipelines Act 1969 of Western Australia, including an extension to or expansion of the capacity of, that pipeline.","sortOrder":997},{"sectionNumber":"sch.3-sec.135","sectionType":"section","heading":"Application of national gas objective to particular matters in progress on start day","content":"### sch.3-sec.135 Application of national gas objective to particular matters in progress on start day\n\nThis clause applies if—\nbefore the start day, a person or body had started, or was required or permitted to start, doing a thing; and\non the start day—\nthe person or body has not finished doing the thing; or\nthe period within which the thing is required or permitted to be done has not ended; and\nin doing the thing the person or body is required to consider or apply the national gas objective by, for example—\nhaving regard to the national gas objective; or\ndoing the thing in a manner that will or is likely to contribute to the achievement of the national gas objective.\nThe national gas objective as in force before the commencement of this clause, and as continued in effect under clause 134 until the start day, continues to apply in relation to the doing of the thing.\nHowever, a government or regulatory entity may decide to consider or apply the amended objective in relation to the doing of the thing.\nFor subclause (1), a matter relating to an access arrangement is taken not to have been started, or required or permitted to have been started, before the start day if, on the start day, the access arrangement proposal for the access arrangement has not been submitted for the AER’s approval under Rule 46 of the Rules.\nsch 3 s 135 ins 2023 No. 26 (SA) s 18\n(sch.3-sec.135-ssec.1) This clause applies if— before the start day, a person or body had started, or was required or permitted to start, doing a thing; and on the start day— the person or body has not finished doing the thing; or the period within which the thing is required or permitted to be done has not ended; and in doing the thing the person or body is required to consider or apply the national gas objective by, for example— having regard to the national gas objective; or doing the thing in a manner that will or is likely to contribute to the achievement of the national gas objective.\n(sch.3-sec.135-ssec.2) The national gas objective as in force before the commencement of this clause, and as continued in effect under clause 134 until the start day, continues to apply in relation to the doing of the thing.\n(sch.3-sec.135-ssec.3) However, a government or regulatory entity may decide to consider or apply the amended objective in relation to the doing of the thing.\n(sch.3-sec.135-ssec.4) For subclause (1), a matter relating to an access arrangement is taken not to have been started, or required or permitted to have been started, before the start day if, on the start day, the access arrangement proposal for the access arrangement has not been submitted for the AER’s approval under Rule 46 of the Rules.\n- (a) before the start day, a person or body had started, or was required or permitted to start, doing a thing; and\n- (b) on the start day— (i) the person or body has not finished doing the thing; or (ii) the period within which the thing is required or permitted to be done has not ended; and\n- (i) the person or body has not finished doing the thing; or\n- (ii) the period within which the thing is required or permitted to be done has not ended; and\n- (c) in doing the thing the person or body is required to consider or apply the national gas objective by, for example— (i) having regard to the national gas objective; or (ii) doing the thing in a manner that will or is likely to contribute to the achievement of the national gas objective.\n- (i) having regard to the national gas objective; or\n- (ii) doing the thing in a manner that will or is likely to contribute to the achievement of the national gas objective.\n- (i) the person or body has not finished doing the thing; or\n- (ii) the period within which the thing is required or permitted to be done has not ended; and\n- (i) having regard to the national gas objective; or\n- (ii) doing the thing in a manner that will or is likely to contribute to the achievement of the national gas objective.","sortOrder":998},{"sectionNumber":"sch.3-sec.136","sectionType":"section","heading":"Administrative guidance for decisions under clause 135(3)","content":"### sch.3-sec.136 Administrative guidance for decisions under clause 135(3)\n\nIf a government or regulatory entity, other than the AER, proposes to exercise a discretion under clause 135(3), the entity must use its best endeavours to ensure that within 45 days after the commencement of this clause, it issues administrative guidance about the matters the entity is likely to have regard to in deciding whether to consider or apply the amended objective in doing a thing.\nThe AER must, within 45 days after the commencement of this clause, issue administrative guidance about the matters the AER is likely to have regard to in deciding whether to consider or apply the amended objective in doing a thing.\nA failure to comply with this section does not prevent a government or regulatory entity from exercising a discretion under clause 135(3).\nsch 3 s 136 ins 2023 No. 26 (SA) s 18\n(sch.3-sec.136-ssec.1) If a government or regulatory entity, other than the AER, proposes to exercise a discretion under clause 135(3), the entity must use its best endeavours to ensure that within 45 days after the commencement of this clause, it issues administrative guidance about the matters the entity is likely to have regard to in deciding whether to consider or apply the amended objective in doing a thing.\n(sch.3-sec.136-ssec.2) The AER must, within 45 days after the commencement of this clause, issue administrative guidance about the matters the AER is likely to have regard to in deciding whether to consider or apply the amended objective in doing a thing.\n(sch.3-sec.136-ssec.3) A failure to comply with this section does not prevent a government or regulatory entity from exercising a discretion under clause 135(3).","sortOrder":999},{"sectionNumber":"sch.3-sec.137","sectionType":"section","heading":"Administrative guidance about value of greenhouse gas emissions","content":"### sch.3-sec.137 Administrative guidance about value of greenhouse gas emissions\n\nThis clause applies if—\nadministrative guidance is issued by a government or regulatory entity about considering or applying the amended objective; and\nthe guidance includes the value, or a method of working out the value, of greenhouse gas emissions or greenhouse gas emissions reduction; and\nthe guidance is consistent with any MCE statement.\nThe value or method stated in the administrative guidance must be complied with by the government or regulatory entity in considering or applying the amended objective.\nThis clause applies until a Regulation or Rule takes effect for the matter described in subclause (1).\nIn this clause—\nMCE statement means a statement issued by the MCE that states the value, or a method of or guidance for working out the value, of greenhouse gas emissions or greenhouse gas emissions reduction, that is to be used by a government or regulatory entity in considering or applying the amended objective until a Regulation or Rule mentioned in subclause (3) takes effect.\nsch 3 s 137 ins 2023 No. 26 (SA) s 18\n(sch.3-sec.137-ssec.1) This clause applies if— administrative guidance is issued by a government or regulatory entity about considering or applying the amended objective; and the guidance includes the value, or a method of working out the value, of greenhouse gas emissions or greenhouse gas emissions reduction; and the guidance is consistent with any MCE statement.\n(sch.3-sec.137-ssec.2) The value or method stated in the administrative guidance must be complied with by the government or regulatory entity in considering or applying the amended objective.\n(sch.3-sec.137-ssec.3) This clause applies until a Regulation or Rule takes effect for the matter described in subclause (1).\n(sch.3-sec.137-ssec.4) In this clause— MCE statement means a statement issued by the MCE that states the value, or a method of or guidance for working out the value, of greenhouse gas emissions or greenhouse gas emissions reduction, that is to be used by a government or regulatory entity in considering or applying the amended objective until a Regulation or Rule mentioned in subclause (3) takes effect.\n- (a) administrative guidance is issued by a government or regulatory entity about considering or applying the amended objective; and\n- (b) the guidance includes the value, or a method of working out the value, of greenhouse gas emissions or greenhouse gas emissions reduction; and\n- (c) the guidance is consistent with any MCE statement.","sortOrder":1000},{"sectionNumber":"sch.3-sec.138","sectionType":"section","heading":"Validation of things done in relation to Rules before commencement","content":"### sch.3-sec.138 Validation of things done in relation to Rules before commencement\n\nThis clause applies if, before the commencement of this clause—\nthe MCE or a Minister of a participating jurisdiction had requested a Rule under section 295(1) in relation to the national gas objective as if the amended objective were in force; and\nthe AEMC had done a thing under Chapter 9, other than sections 313 to 315, in relation to the request.\nOn the commencement of this clause—\nthe thing is taken to have been validly done under Chapter 9; and\nthe AEMC is taken to have satisfied a requirement under the Law to apply the national gas objective in relation to the thing.\nsch 3 s 138 ins 2023 No. 26 (SA) s 18\n(sch.3-sec.138-ssec.1) This clause applies if, before the commencement of this clause— the MCE or a Minister of a participating jurisdiction had requested a Rule under section 295(1) in relation to the national gas objective as if the amended objective were in force; and the AEMC had done a thing under Chapter 9, other than sections 313 to 315, in relation to the request.\n(sch.3-sec.138-ssec.2) On the commencement of this clause— the thing is taken to have been validly done under Chapter 9; and the AEMC is taken to have satisfied a requirement under the Law to apply the national gas objective in relation to the thing.\n- (a) the MCE or a Minister of a participating jurisdiction had requested a Rule under section 295(1) in relation to the national gas objective as if the amended objective were in force; and\n- (b) the AEMC had done a thing under Chapter 9, other than sections 313 to 315, in relation to the request.\n- (a) the thing is taken to have been validly done under Chapter 9; and\n- (b) the AEMC is taken to have satisfied a requirement under the Law to apply the national gas objective in relation to the thing.","sortOrder":1001},{"sectionNumber":"sch.3-pt.21","sectionType":"part","heading":"Transitional provisions related to other gas amendments","content":"# Transitional provisions related to other gas amendments","sortOrder":1002},{"sectionNumber":"sch.3-pt.21-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":1003},{"sectionNumber":"sch.3-sec.139","sectionType":"section","heading":"Definition","content":"### sch.3-sec.139 Definition\n\nIn this Part—\ncommencement day means the day on which this Part comes into operation.\ntransition period means the period—\ncommencing on 1 November 2022; and\nending on the commencement day.\nsch 3 s 139 ins 2023 No. 36 (SA) s 66\n- (a) commencing on 1 November 2022; and\n- (b) ending on the commencement day.","sortOrder":1004},{"sectionNumber":"sch.3-pt.21-div.2","sectionType":"division","heading":"Gas Bulletin Board","content":"## Gas Bulletin Board","sortOrder":1005},{"sectionNumber":"sch.3-sec.140","sectionType":"section","heading":"Gas Bulletin Board","content":"### sch.3-sec.140 Gas Bulletin Board\n\nThe website maintained by AEMO as the Natural Gas Services Bulletin Board immediately before the commencement day is taken to be the Gas Bulletin Board.\nsch 3 s 140 ins 2023 No. 36 (SA) s 66","sortOrder":1006},{"sectionNumber":"sch.3-sec.141","sectionType":"section","heading":"References to Natural Gas Services Bulletin Board","content":"### sch.3-sec.141 References to Natural Gas Services Bulletin Board\n\nA reference in a legislative instrument, a policy, a contract, an agreement or another document in force immediately before the commencement day, to the Natural Gas Services Bulletin Board or to the NGSBB, is taken to be a reference to the Gas Bulletin Board.\nsch 3 s 141 ins 2023 No. 36 (SA) s 66","sortOrder":1007},{"sectionNumber":"sch.3-pt.21-div.3","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":1008},{"sectionNumber":"sch.3-sec.142","sectionType":"section","heading":"Greenfields incentive determinations","content":"### sch.3-sec.142 Greenfields incentive determinations\n\nDespite section 100(2)(a) an application for a greenfields incentive determination may be made after a pipeline is commissioned if—\nthe pipeline was commissioned during the transition period; and\nthe application is made within 90 days after the commencement day.\nThis clause does not apply to a pipeline for natural gas.\nsch 3 s 142 ins 2023 No. 36 (SA) s 66\n(sch.3-sec.142-ssec.1) Despite section 100(2)(a) an application for a greenfields incentive determination may be made after a pipeline is commissioned if— the pipeline was commissioned during the transition period; and the application is made within 90 days after the commencement day.\n(sch.3-sec.142-ssec.2) This clause does not apply to a pipeline for natural gas.\n- (a) the pipeline was commissioned during the transition period; and\n- (b) the application is made within 90 days after the commencement day.","sortOrder":1009},{"sectionNumber":"sch.3-sec.143","sectionType":"section","heading":"Greenfields price protection determinations","content":"### sch.3-sec.143 Greenfields price protection determinations\n\nDespite section 109(2)(a) an application for a greenfields price protection determination may be made after a pipeline is commissioned if—\nthe pipeline was commissioned during the transition period; and\nthe application is made within 90 days after the commencement day.\nThis clause does not apply to a pipeline for natural gas.\nsch 3 s 143 ins 2023 No. 36 (SA) s 66\n(sch.3-sec.143-ssec.1) Despite section 109(2)(a) an application for a greenfields price protection determination may be made after a pipeline is commissioned if— the pipeline was commissioned during the transition period; and the application is made within 90 days after the commencement day.\n(sch.3-sec.143-ssec.2) This clause does not apply to a pipeline for natural gas.\n- (a) the pipeline was commissioned during the transition period; and\n- (b) the application is made within 90 days after the commencement day.","sortOrder":1010},{"sectionNumber":"sch.3-sec.144","sectionType":"section","heading":"Information transparency rules","content":"### sch.3-sec.144 Information transparency rules\n\nA rule made for the purposes of section 83A and that was in effect immediately before the commencement day is taken to be a rule made under section 198.\nsch 3 s 144 ins 2023 No. 36 (SA) s 66","sortOrder":1011}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 2008 scope as a pipeline access regime. Major expansions include: 2009 AEMO amendments adding wholesale market functions; 2013 gas trading exchange provisions; 2018 capacity auction and compression service facilities; 2022-2023 additions covering biogas, biomethane, hydrogen, synthetic methane, and blend processing facilities (decarbonization transition); 2023 east coast gas system reliability powers; and 2024 wholesale market monitoring functions. The law now regulates not just pipeline access but entire gas supply chains, energy transition fuels, and complex trading markets."},"complexity_factors":["Extensive defined terms section with 100+ definitions, many cross-referencing other legislation (National Electricity Law, Competition and Consumer Act, Corporations Act)","Complex multi-layered classification system for pipelines (scheme vs non-scheme, transmission vs distribution, designated vs non-designated)","Multiple overlapping regulatory instruments (Law, Rules, Procedures, Regulations, access arrangements) with intricate interrelationships","Numerous amendment references showing continuous legislative evolution (2009, 2011, 2013, 2014, 2018, 2020, 2021, 2022, 2023, 2024 amendments)","Sophisticated institutional framework involving multiple bodies (AEMO, AER, AEMC, ACCC, MCE, jurisdictional regulators) with different functions in different jurisdictions","Conditional definitions that depend on jurisdictional variations (Western Australia treated differently, adoptive jurisdictions, participating jurisdictions)","Nested exceptions and qualifications within definitions (e.g., pipeline definition excludes upstream/downstream components with multiple carve-outs)","Extensive cross-referencing to external documents (National Gas Rules, National Electricity Rules, Procedures) that are not contained in the primary legislation","Transitional provisions and references to superseded legislation (old access law, former gas market operators, changeover dates)","Technical industry terminology requiring specialized knowledge (firm haulage, interruptible haulage, backhaul, STTM hubs, ring fencing, greenfields incentives)"],"plain_english_summary":"This is the **National Gas (Queensland) Law**, which is Queensland's version of a national scheme law that regulates Australia's gas industry.\n\n**What it does:**\nThis legislation establishes the legal framework for how gas pipelines and gas markets operate across participating Australian states and territories (including Queensland). It covers:\n\n*   **Pipeline access regulation** – setting rules for how gas pipeline owners must allow third parties to use their pipelines (third-party access), including pricing and terms of access\n*   **Market operation** – establishing how wholesale gas markets, short-term trading markets, and gas trading exchanges function\n*   **Institutional roles** – defining the powers of key bodies like the Australian Energy Market Operator (AEMO), the Australian Energy Regulator (AER), and the Australian Energy Market Commission (AEMC)\n*   **Consumer protection and monitoring** – including price reporting, market monitoring, and reliability standards\n\n**Who it affects:**\n*   Gas pipeline owners and operators (service providers)\n*   Gas producers, traders, and retailers\n*   Large industrial gas users and household consumers\n*   Market operators and energy regulators\n*   Investors in new pipeline infrastructure\n\n**Why it matters:**\nThis law ensures gas infrastructure is shared fairly among competitors, prevents monopoly pricing on essential pipeline services, promotes transparent wholesale gas markets, and helps secure reliable gas supply for Australian businesses and households. It forms part of a national scheme where similar laws apply across multiple jurisdictions to create a consistent national gas market."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The scope has expanded significantly from the law's original intent. The original National Gas Law (commencing 2008) was focused on regulating access to natural gas pipelines and associated markets. Through successive amendments — particularly in 2009 (AEMO integration), 2013 (gas trading exchanges), 2018 (capacity auctions, compression services), 2022 (pipeline classification overhaul, access dispute reforms, innovative trials), 2023 (east coast gas system reliability, expansion to hydrogen, biomethane, synthetic methane, and gas blends), and 2024 (wholesale market monitoring) — the law now covers a substantially broader range of gases, facilities, market functions, and regulatory tools. Most notably, the 2023 amendments transformed a 'natural gas' law into a 'covered gas' law encompassing the full range of gases expected to be used in Australia's energy transition, representing a fundamental expansion of the law's original scope."},"complexity_factors":["Extremely large number of defined terms (well over 150 definitions in section 2 alone), many of which cross-reference each other in circular or layered ways","Multi-jurisdictional structure: the law is a South Australian template adopted by Queensland and other states, requiring readers to navigate between the base law, application Acts, local regulations, and jurisdiction-specific variations","Heavy reliance on external legislation: definitions incorporate or depend on the Competition and Consumer Act 2010 (Cth), Corporations Act 2001 (Cth), National Electricity Law, National Energy Retail Law, and various state Acts","Extensive amendment history: nearly every definition has been inserted, substituted, or amended multiple times between 2009 and 2024, making it difficult to determine the current operative text without careful cross-referencing","Expanding regulatory perimeter: the 2023 amendments significantly expanded the law's coverage from 'natural gas' to 'covered gas' (including hydrogen, biomethane, synthetic methane, gas blends), requiring readers to track which provisions apply to which gas types","Multiple overlapping regulatory bodies with distinct and sometimes overlapping functions (AER, AEMO, AEMC, ACCC, ERA, jurisdictional regulators, Energy Security Board)","Numerous defined terms that only acquire meaning by reference to other sections of the same law (e.g., 'scheme pipeline determination' defined by reference to section 92, 'greenfields incentive determination' by section 100, etc.)","Distinction between scheme pipelines and non-scheme pipelines creates parallel regulatory tracks with different rules applying to each","The definitions section alone is being analysed — the full law contains multiple chapters, parts, and divisions not shown here, meaning the complete regulatory scheme is substantially more complex than what is visible","Transitional complexity: references to superseded laws, former operators, old access laws, and changeover dates require understanding of historical regulatory arrangements"],"plain_english_summary":"Queensland’s adoption of the national gas law creates a single regulatory framework for how gas (including hydrogen, biomethane and synthetic blends) moves and is traded across the state and national market. It controls pipeline access and pricing, governs wholesale and retail markets, and brings new gas suppliers into the rules.\n\nThis affects pipeline owners (directly), producers, traders and retailers, with households and businesses indirectly protected from monopoly pricing and supply disruption. Regulators like the AER, AEMO and AEMC enforce market rules and reliability."}},"importantCases":[],"_links":{"self":"/api/acts/national-gas-queensland-law","history":"/api/acts/national-gas-queensland-law/history","analysis":"/api/acts/national-gas-queensland-law/analysis","conflicts":"/api/acts/national-gas-queensland-law/conflicts","importantCases":"/api/acts/national-gas-queensland-law/important-cases","documents":"/api/acts/national-gas-queensland-law/documents"}}