{"id":"national-gas-south-australia-act-2008","name":"National Gas (South Australia) Act 2008","slug":"national-gas-south-australia-act-2008","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106020,"registerId":"sa-national-gas-south-australia-act-2008-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Use of general information gathering powers","content":"Subdivision 2—Use of general information gathering powers\n30AF\tLimits on use of section 42 information gathering powers\n30AG\tMatters to be considered before using section 42 information gathering powers\n","sortOrder":0},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Market monitoring information notices and market monitoring information orders","content":"Subdivision 3—Market monitoring information notices and market monitoring information orders\n30AH\tDefinitions\n30AI\tUrgent notices and urgent orders\n30AJ\tContent of notices and orders\n30AK\tNotices and orders may be made for both past and future information\n30AL\tMaking and serving notices and orders\n30AM\tAER must consult before making order\n30AN\tPublication of orders\n30AO\tOpportunity to be heard before notice served\n30AP\tCompliance with notice\n30AQ\tCompliance with order\n30AR\tCertification of compliance by statutory declaration\n30AS\tSubdivision does not limit powers under Division 3\n","sortOrder":1},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"Miscellaneous","content":"Subdivision 4—Miscellaneous\n30AT\tWholesale market monitoring guidelines\n30AU\tReview of wholesale market monitoring powers\nDivision 1A—Rate of return instrument\n30A\tDefinitions\n30B\tRate of return instrument has force of law\n30C\tRate of return instrument is binding on AER and scheme pipeline service providers\nSubdivision 2—Requirement to make rate of return instrument\n30D\tAER to make rate of return instrument\n30E\tContent of rate of return instrument\nSubdivision 3—Consultation requirements\n30F\tProcess for making rate of return instrument\n30G\tOther matters AER must have regard to in making instrument\n30H\tRequirements before publishing draft instrument\n30I\tConsumer reference group\n30J\tPublication of draft instrument and other information\n30K\tReport about draft instrument by independent panel\n30L\tPublication of explanatory information\n30M\tFailure to comply does not affect validity\nSubdivision 4—Publication, review and other matters\n30N\tPublication of rate of return instrument\n30O\tCommencement and duration of instrument\n30P\tReview and replacement of instrument\n30Q\tApplication of instrument\n30R\tRate of return instrument may apply for this Law and the National Electricity Law\nSubdivision 5—Confidentiality of information\n30S\tConfidentiality\n30T\tDisclosure of information given in confidence\nDivision 1B—AER trial waiver functions\n30U\tDefinitions\n30V\tInterpretative matters\n30W\tTrial waiver\n30X\tConditions of trial waiver\n30Y\tConsultation on trial waiver\n30Z\tPublication etc of trial waiver\n30ZA\tDuration of trial waiver\n30ZB\tExtension of trial waiver\n30ZC\tCompliance with trial waiver\n30ZD\tRevocation of trial waiver\n30ZE\tOther matters\nDivision 2—Search warrants\n31\tDefinitions\n32\tAuthorised person\n33\tIdentity cards\n34\tReturn of identity cards\n35\tSearch warrant\n36\tAnnouncement of entry and details of warrant to be given to occupier or other person at premises\n37\tImmediate entry permitted in certain cases\n38\tCopies of seized documents\n39\tRetention and return of seized documents or things\n40\tExtension of period of retention of documents or things seized\n41\tObstruction of persons authorised to enter\nDivision 3—General information gathering powers\n42\tPower to obtain information and documents in relation to performance and exercise of functions and powers\nDivision 4—Regulatory information notices, general regulatory information orders and price information orders\nSubdivision 1—Interpretation\n43\tDefinitions\n44\tMeaning of contributing service\n45\tMeaning of general regulatory information order\n46\tMeaning of regulatory information notice\n46A\tMeaning of price information order\n47\tDivision does not limit operation of information gathering powers under Division 3\nSubdivision 2—Serving and making of regulatory information instruments\n48\tService and making of regulatory information instruments\n49\tAdditional matters to be considered for related provider regulatory information instruments\n50\tAER must consult before publishing an order\n51\tPublication requirements for orders\n52\tOpportunity to be heard before regulatory information notice is served\nSubdivision 3—Form and content of regulatory information instruments\n53\tForm and content of regulatory information instrument\n54\tFurther provision about the information that may be described in a regulatory information instrument\n55\tFurther provision about manner in which information must be provided to AER or kept\nSubdivision 4—Compliance with regulatory information instruments\n56\tCompliance with regulatory information notice that is served\n57\tCompliance with order\n57A\tConfidentiality issues\n57B\tDisclosure of information given to AER in compliance with regulatory information instrument\n58\tExemption from compliance with general regulatory information order or price information order\n59\tAssumptions where there is non-compliance with regulatory information instrument\nSubdivision 5—General\n60\tProviding to AER false and misleading information\n61\tPerson cannot rely on duty of confidence to avoid compliance with regulatory information instrument\n62\tLegal professional privilege not affected\n63\tProtection against self-incrimination\nDivision 4A—Monitoring service providers\n63A\tAER must monitor service providers' behaviour\n63B\tAER must report to MCE\nDivision 5—Service provider performance reports relating to scheme pipelines\n64\tPreparation of service provider performance reports relating to scheme pipelines\nDivision 5A—Compliance and performance\n64A\tReferences in this Division to service providers\n64B\tCompliance audits by AER\n64C\tCompliance audits by service providers\n64D\tCarrying out of compliance audits\n64E\tCost of compliance audits\n64F\tAER Compliance Procedures and Guidelines\n65\tConsideration by the AER of submissions or comments made to it under this Law or the Rules\n66\tUse of information provided under a notice under section 42 or a regulatory information instrument\n67\tAER to inform certain persons of decisions not to investigate breaches, institute proceedings or serve infringement notices\n68\tAER Guidelines\n68A\tSingle documentation\n68B\tUse of information\nPart 2—Functions and powers of the Australian Energy Market Commission\n69\tFunctions and powers of the AEMC\n70\tDelegations\n71\tConfidentiality\n72\tAEMC must have regard to national gas objective\n72A\tTargets statement for greenhouse gas emissions targets\n73\tAEMC must have regard to MCE statements of policy principles in relation to Rule making and reviews\nDivision 2—Rule making functions and powers of the AEMC\n74\tSubject matter for National Gas Rules\n75\tRules relating to MCE or Ministers of participating jurisdictions require MCE consent\n76\tAEMC must not make Rules that create criminal offences or impose civil penalties for breaches\n77\tDocuments etc applied, adopted and incorporated by Rules to be publicly available\nDivision 3—Committees, panels and working groups of the AEMC\n78\tEstablishment of committees, panels and working groups\nDivision 4—MCE directed reviews\n79\tMCE directions\n80\tTerms of reference\n81\tNotice of MCE directed review\n82\tConduct of MCE directed review\nDivision 5—Other reviews\n83\tRule reviews by the AEMC\n83B\tStandard market timetable\n83C\tUse of the standard market timetable\n83D\tFalse or misleading statements\n84\tAEMC must publish and make available up to date versions of Rules\n85\tFees\n86\tImmunity from personal liability of AEMC officials\nPart 3—Functions and powers of Ministers of participating jurisdictions\n87\tFunctions and powers of Minister of this participating jurisdiction under this Law\nPart 5—Functions and powers of Tribunal\n91\tFunctions and powers of Tribunal under this Law\nPart 6—Role of AEMO under National Gas Law\n91A\tAEMO's statutory functions\n91AB\tAEMO's power to carry out statutory functions\n91AC\tDelegation\n","sortOrder":2},{"sectionNumber":"Div 1A","sectionType":"division","heading":"AEMO's east coast gas system reliability and supply adequacy functions","content":"Division 1A—AEMO's east coast gas system reliability and supply adequacy functions\n91AD\tAEMO's east coast gas system reliability and supply adequacy functions\n91AE\tAEMO to account to relevant Minister for performance of east coast gas system reliability and supply adequacy functions\n91AF\tAEMO's power of direction—east coast gas system reliability and supply adequacy\n91AG\tEast Coast Gas System Procedures\n91AH\tCompliance with East Coast Gas System Procedures\n","sortOrder":3},{"sectionNumber":"Div 2","sectionType":"division","heading":"AEMO's declared system functions","content":"Division 2—AEMO's declared system functions\n","sortOrder":4},{"sectionNumber":"91B","sectionType":"section","heading":"Application of this Division","content":"91B\tApplication of this Division\n91BA\tAEMO's declared system functions\n91BB\tAEMO to account to relevant Minister for performance of declared system functions\nSubdivision 2—Power of direction\n91BC\tAEMO's power of direction\n91BD\tProtection from liability\nSubdivision 3—AEMO's relationship with transmission system service providers and facility owners\n91BE\tService envelope agreement between AEMO and transmission pipeline service provider\n91BF\tInterconnection with facilities\n91BG\tOperating agreement between AEMO and facility owner\n91BH\tGeneral principles governing determinations\nSubdivision 4—Declared wholesale gas market\n91BI\tMarket participation\n91BJ\tRegistration required for market participation\n91BK\tCertificates of registration etc\n","sortOrder":5},{"sectionNumber":"Subdiv 5","sectionType":"subdivision","heading":"Wholesale Market Procedures","content":"Subdivision 5—Wholesale Market Procedures\n91BL\tWholesale Market Procedures\n91BM\tNature of Wholesale Market Procedures\n91BN\tCompliance with Wholesale Market Procedures\n","sortOrder":6},{"sectionNumber":"Subdiv 6","sectionType":"subdivision","heading":"Ownership of gas in declared transmission system","content":"Subdivision 6—Ownership of gas in declared transmission system\n91BO\tOwnership of gas\n91BP\tTitle to gas\n","sortOrder":7},{"sectionNumber":"Subdiv 7","sectionType":"subdivision","heading":"Immunity","content":"Subdivision 7—Immunity\n91BQ\tImmunity\n91BR\tImmunity in dealing with an emergency\n","sortOrder":8},{"sectionNumber":"Div 2A","sectionType":"division","heading":"Short term trading markets","content":"Division 2A—Short term trading markets\n91BRA\tApplication of this Division\n91BRB\tAEMO's STTM functions\nSubdivision 2—Short term trading markets\n91BRC\tMarket participation\n91BRD\tRegistration required for market participation\n91BRE\tCertificates of registration etc\n91BRF\tTitle to gas\n91BRG\tGas supplied to STTM hub must meet quality specifications specified in the Rules\nSubdivision 3—STTM Procedures\n91BRH\tSTTM Procedures\n91BRI\tNature of STTM Procedures\n91BRJ\tCompliance with STTM Procedures\n","sortOrder":9},{"sectionNumber":"Div 2B","sectionType":"division","heading":"Gas trading exchanges","content":"Division 2B—Gas trading exchanges\n91BRK\tAEMO's gas trading exchange functions\n91BRL\tGas trading exchange not to constitute a regulated gas market\n","sortOrder":10},{"sectionNumber":"Div 2C","sectionType":"division","heading":"Capacity auctions for transportation services","content":"Division 2C—Capacity auctions for transportation services\n91BRM\tAEMO's capacity auction functions\n91BRN\tCapacity auctions not to constitute a regulated gas market\n","sortOrder":11},{"sectionNumber":"Div 2D","sectionType":"division","heading":"Capacity Transfer and Auction Procedures","content":"Division 2D—Capacity Transfer and Auction Procedures\n91BRO\tMaking of Capacity Transfer and Auction Procedures\n91BRP\tNature of Capacity Transfer and Auction Procedures\n91BRQ\tCompliance with Capacity Transfer and Auction Procedures\n","sortOrder":12},{"sectionNumber":"Div 2E","sectionType":"division","heading":"Registration in relation to transportation facility","content":"Division 2E—Registration in relation to transportation facility\n91BRR\tRegistration obligation\n91BRS\tExemptions from obligation to register\n91BRT\tCertificates of registration and exemption from registration\n","sortOrder":13},{"sectionNumber":"Div 3","sectionType":"division","heading":"Information etc to be provided to Ministers","content":"Division 3—Information etc to be provided to Ministers\n","sortOrder":14},{"sectionNumber":"91C","sectionType":"section","heading":"Ministerial request","content":"91C\tMinisterial request\n91CA\tCompliance with request\n91CB\tQuarterly report\n","sortOrder":15},{"sectionNumber":"Div 4","sectionType":"division","heading":"Gas statement of opportunities","content":"Division 4—Gas statement of opportunities\n","sortOrder":16},{"sectionNumber":"91D","sectionType":"section","heading":"Object and content of gas statement of opportunities","content":"91D\tObject and content of gas statement of opportunities\n91DA\tAEMO's obligation in regard to gas statement of opportunities\n91DB\tInformation for the gas statement of opportunities\n91DC\tPerson cannot rely on duty of confidence to avoid compliance with obligation\n91DD\tGiving AEMO false or misleading information\n91DE\tImmunity of persons giving GSOO information to AEMO\n91DF\tGSOO Procedures\n91DG\tNature of GSOO Procedures\n91DH\tCompliance with GSOO Procedures\n91E\tAEMO fees and charges\nDivision 6—Information gathering\nSubdivision 1—Market information orders and market information notices\n91F\tInformation gathering powers\n91FA\tMaking and publication of general market information order\n91FB\tService of market information notice\n91FC\tCompliance with market information instrument\n91FD\tUse of information\n91FE\tProviding false or misleading information\nSubdivision 2—STTM information\n91FEA\tObligation to give information to AEMO\n91FEB\tPerson cannot rely on duty of confidence to avoid compliance with obligation\n91FEC\tGiving to AEMO false and misleading information\n91FED\tImmunity of persons giving information to AEMO\nSubdivision 3—Capacity auction information\n91FEE\tObligation to give information to AEMO\n91FEF\tPerson cannot rely on duty of confidence to avoid compliance with obligation\n91FEG\tGiving to AEMO false and misleading information\n91FEH\tImmunity of persons giving information to AEMO\nSubdivision 4—Information used for a capacity auction\n91FEI\tGiving false and misleading information used for capacity auctions\nSubdivision 5—Declared wholesale gas market information\n91FEJ\tInformation required to be given to AEMO\n91FEK\tPerson cannot rely on duty of confidence to avoid compliance with obligation\n91FEL\tGiving AEMO false or misleading information\n91FEM\tImmunity of persons giving information to AEMO\nDivision 7—Protected information\nSubdivision 1—AEMO's obligation to protect information\n91G\tProtected information\nSubdivision 2—Disclosure of protected information held by AEMO\n91GA\tAuthorised disclosure of protected information\n91GB\tDisclosure with prior written consent\n91GC\tDisclosure required or permitted by law etc\n91GCA\tAuthorised disclosure to particular entities for data sharing purposes\n91GCB\tDisclosure of protected information by officer or employee of, or consultant to, AEMO\n91GD\tDisclosure for purposes of court and tribunal proceedings\n91GE\tDisclosure of document with omission of protected information\n91GF\tDisclosure of non-identifying information\n91GFA\tDisclosure of information in an aggregated form\n91GG\tDisclosure of protected information for safety, proper operation of the market etc\n91GH\tDisclosure of protected information authorised if detriment does not outweigh public benefit\nDivision 8—Obligation to make payments\n91H\tObligations under Rules or Procedures to make payments\nDivision 9—AEMO's statutory funds\n91J\tDefinitions\n91JA\tAEMO's Rule funds\n91JB\tPayments into and out of Rule funds\n91JC\tInvestment\n","sortOrder":17},{"sectionNumber":"Div 10","sectionType":"division","heading":"Immunity","content":"Division 10—Immunity\n","sortOrder":18},{"sectionNumber":"91K","sectionType":"section","heading":"Immunity from liability","content":"91K\tImmunity from liability\n91KA\tSupply interruption or disconnection in compliance with AEMO's direction\n91KB\tImmunity in relation to use of computer software\n91KC\tImmunity from liability—dispute resolution\nDivision 11—Other matters\n91KD\tDisclosure of information for purpose of market trials\nPart 7—Regulation of retail gas markets\nDivision 1—Registration\n91L\tRetail gas markets\n91LA\tRetail market participation\n91LB\tRegistration required for market participation\n91LC\tCertificates of registration etc\nDivision 2—Retail Market Procedures\n","sortOrder":19},{"sectionNumber":"91M","sectionType":"section","heading":"Retail Market Procedures","content":"91M\tRetail Market Procedures\n91MA\tNature of Retail Market Procedures\n91MB\tCompliance with Retail Market Procedures\nChapter 3—Regulatory framework for pipelines\nPart 1—Scheme pipeline determinations and scheme pipeline elections\nDivision 1—Scheme pipeline determinations\n92\tAER may make scheme pipeline determination\n93\tRequirements for making, or not making, a scheme pipeline determination\n94\tEffect of scheme pipeline determination\nDivision 2—Scheme pipeline elections\n95\tScheme pipeline elections\n96\tEffect of scheme pipeline elections\nPart 2—Scheme pipeline revocation determinations\n97\tAER may make scheme pipeline revocation determination\n98\tRequirements for making, or not making, a scheme pipeline revocation determination\n99\tEffect of scheme pipeline revocation determination\nPart 3—Greenfields incentive determinations and greenfields price protection determinations\nDivision 1—Greenfields incentive determinations\n100\tAER may make greenfields incentive determination\n101\tRequirements for making, or not making, a greenfields incentive determination\n102\tEffect of greenfields incentive determination\n103\tRequirement for conformity between pipeline description and pipeline as constructed\n104\tPower of AER to amend pipeline description\nDivision 2—Early termination of greenfields incentive determination\n105\tGreenfields incentive determination may lapse\n106\tRevocation by consent\n107\tRevocation for misrepresentation\n108\tExhaustive provision for termination of greenfields incentive determination\nDivision 3—Greenfields price protection determinations\n109\tAER may make greenfields price protection determination\n110\tRequirements for making, or not making, a greenfields price protection determination\n111\tEffect of greenfields price protection determination\nPart 4—Principles governing the making of particular determinations\n112\tPrinciples governing the making of particular determinations\nPart 5—Access arrangements for scheme pipelines\nDivision 1—Submissions generally\n113\tSubmission of access arrangement or revisions to applicable access arrangement\nDivision 2—Provisions relating to applicable access arrangements\n114\tProtection of certain pre-existing contractual rights\n115\tService provider may enter into agreement for access different from applicable access arrangement\n116\tApplicable access arrangements continue to apply regardless of who provides pipeline service\nPart 6—Classification and reclassification of pipelines\nDivision 1—Classification of pipelines\n117\tApplication for classification of pipeline\nDivision 2—Reclassification of pipelines\n118\tReclassification of pipelines\nDivision 3—Provisions relating to classification and reclassification decisions\n119\tRequirements for making classification or reclassification decisions\n120\tEffect of classification decision or reclassification decision\nPart 7—AER reviews into designated pipelines\n121\tAER reviews\nChapter 4—General requirements for provision of pipeline services\nPart A1—Preliminary\n130\tApplication of this Chapter\nPart 1—General duties for provision of pipeline services by pipelines\n131\tService provider must be legal entity of a specified kind to provide pipeline services\n133\tPreventing or hindering access\n135\tService provider must comply with queuing requirements\n136\tCompliance with pipeline interconnection principles\n136A\tProhibition against increasing charges to subsidise particular development\n136B\tProhibition on bundling of services\n136C\tService providers must publish prescribed transparency information\nPart 2—Structural and operational separation requirements (ring fencing)\n137\tDefinitions\n138\tMeaning of marketing staff\nDivision 2—Minimum ring fencing requirements\n139\tCarrying on of related businesses prohibited\n140\tMarketing staff and the taking part in related businesses\n141\tAccounts that must be prepared, maintained and kept\nDivision 3—Additional ring fencing requirements\n142\tDivision does not limit operation of Division 2\n143\tAER ring fencing determinations\n144\tAER to have regard to likely compliance costs of additional ring fencing requirements\n145\tTypes of ring fencing requirements that may be specified in an AER ring fencing determination\nDivision 4—Associate contracts\n147\tService provider must not enter into or give effect to associate contracts that have anti-competitive effect\n148\tService provider must not enter into or give effect to associate contracts inconsistent with competitive parity rule\nDivision 5—Exemptions from particular requirements\n148AA\tExemptions from section 147(c)\n148A\tExemptions from particular requirements\nPart 3—Negotiation of access\n148B\tDefinition\n148C\tAccess proposals\n148D\tDuty to negotiate in good faith\nPart 4—AER reviews about application of this Chapter\n148E\tAER reviews about application of this Chapter\nChapter 5—Access disputes\nPart 1—Interpretation and application\n149\tDefinitions\n150\tApplication of this Chapter to disputes arising under the Rules\n151\tChapter does not limit how disputes about access may be raised or dealt with\nPart 2—Notice of access dispute and other provisions\nDivision 1—Notice of access dispute\n152\tNotice of access dispute\n153\tWithdrawal of notice\nDivision 2—Parties to an access dispute\n154\tParties to an access dispute\nPart 3—Alternative dispute resolution for access disputes\nDivision 1—Alternative dispute resolution for scheme pipeline access disputes\n155\tDispute resolution body may require parties to engage in alternative dispute resolution\nDivision 2—Mediation of access disputes involving small shippers\n156\tSmall shipper may elect to have access dispute mediated\n157\tAppointment of mediator\n158\tParty's lawyer may be present at mediation\nPart 4—Arbitration of non‑scheme pipeline access disputes\n159\tReference of non‑scheme pipeline access dispute to arbitration\n160\tAppointment of arbitrator\nPart 5—Access determination\nDivision 1—Determination of access disputes generally\n161\tDetermination of access dispute\n162\tMatters to be taken into account for access disputes\n163\tRestrictions on access determinations\n164\tAccess determinations and part contributions of capital to fund installations or the construction of new facilities\nDivision 2—Particular provisions relating to scheme pipeline access disputes\n165\tAccess determination must give effect to applicable access arrangement\n166\tRules may allow determination that varies applicable access arrangement for installation of a new facility\nPart 6—Variation of access determinations\n167\tVariation of access determination—scheme pipeline disputes\n168\tVariation of access determination—non‑scheme pipeline disputes\nPart 7—Termination of access dispute\n169\tRelevant adjudicator may terminate access dispute in particular circumstances\nPart 8—Compliance with access determinations\n170\tCompliance with access determination\n171\tSubsequent service providers bound by access determinations\nPart 9—Access dispute hearing procedure\n172\tPart applies subject to any modifications prescribed by the Regulations\n173\tFast track resolution process—scheme pipeline access disputes\n174\tHearing to be in private\n175\tRight to representation\n176\tProcedure of relevant adjudicator\n177\tParticular powers of relevant adjudicator in a hearing\n178\tRole of a dispute resolution expert\n179\tDisclosure of information\n180\tPower to take evidence on oath or affirmation\n181\tFailing to attend as a witness\n182\tFailing to answer questions etc\n183\tIntimidation etc\n184\tParticular powers of a relevant adjudicator in a hearing\nPart 10—Costs\nDivision 1—Scheme pipeline access disputes\n185\tCosts—scheme pipeline access disputes\n186\tOutstanding costs are a debt due to party awarded the costs—scheme pipelines\n187\tRegulations about the costs to be paid by parties to access dispute—scheme pipelines\nDivision 2—Non‑scheme pipeline disputes\n188\tCosts of arbitration of non‑scheme pipeline disputes\nDivision 3—Mediation of access disputes involving small shippers\n189\tCosts of mediation of access disputes involving small shippers\nPart 11—Joint access dispute hearings—scheme pipeline disputes\n190\tDefinition\n191\tJoint dispute hearing\n192\tConsulting the parties\n193\tConstitution and procedure of dispute resolution body for joint dispute hearings\n194\tRecord of proceedings etc\nPart 12—Miscellaneous matters\n195\tCorrection of access determinations for clerical mistakes etc\n196\tUser's existing capacity rights during an access dispute\nChapter 5A—Third‑party access obligations for non‑pipeline facilities\nPart 1—Information transparency\n197\tDefinitions\n198\tInformation and transparency requirements relating to facilities\n199\tPublication of information relating to facilities\nPart 2—Access to certain facilities\n200\tDefinitions\n201\tPreventing or hindering access to relevant facilities\n202\tTerms and conditions must not discriminate\n203\tDuty to negotiate in good faith\n204\tRules about ring fencing\nChapter 7—The Gas Bulletin Board\nPart 1—AEMO to be Bulletin Board operator\n217\tAEMO to be Bulletin Board operator\n218\tAEMO's obligation to maintain Bulletin Board\n219\tAEMO's other functions as operator of Gas Bulletin Board\n222\tFees for services provided\nPart 2—Bulletin Board information\n223\tObligation to give information to AEMO\n224\tPerson cannot rely on duty of confidence to avoid compliance with obligation\n225\tGiving false or misleading information\n226\tImmunity of persons giving information to AEMO or AER\n226A\tProvision of certain information to AER\nPart 3—BB Procedures\n227\tBB Procedures\n228\tNature of BB Procedures\n228A\tCompliance with BB Procedures\nChapter 7A—Access to operational transportation services\nPart 1—Standard terms for operational transportation services\n228B\tTransportation service provider to publish standard OTSA\n228C\tFormation of contracts on standard terms\n228D\tExemptions from obligations under section 228B or 228C\n228E\tRequirements relating to standard OTSA\n228F\tService provider may enter into agreements different from a standard OTSA\nPart 2—Operational Transportation Service Code\n228G\tOperational Transportation Service Code\n228H\tNature of the Operational Transportation Service Code\nPart 3—Other matters relating to access to operational transportation services\n228I\tService requirements may be specified in the Rules\n228J\tWhen operational transfer must be offered \n228K\tPreventing or hindering access to operational transportation services\n228L\tTransportation service provider providing operational transportation services must not price discriminate\nChapter 8—Proceedings under the National Gas Law\nPart 1—Proceedings generally\n229\tInstituting civil proceedings under this Law\n230\tTime limits within which proceedings may be instituted\nPart 1A—Enforceable undertakings\n230A\tEnforceable undertakings\nPart 2—Proceedings for breaches of this Law, Regulations, the Rules or the Procedures\n231\tAER proceedings for breaches of this Law, Regulations or the Rules that are not offences\n232\tProceedings for declaration that a person has breached a conduct provision\n233\tActions for damages by persons for breach of conduct provision\nPart 3—Matters relating to breaches of this Law, the Regulations or the Rules\n234\tMatters for which there must be regard in determining amount of civil penalty\n235\tBreach of a civil penalty provision is not an offence\n236\tBreaches of civil penalty provisions involving continuing failure\n237\tConduct in breach of more than 1 civil penalty provision\n238\tPersons involved in breach of civil penalty provision or conduct provision\n239\tAttempt to breach a civil penalty provision\n240\tCivil penalties payable to the Commonwealth\nPart 4—Judicial review of decisions under this Law, the Regulations and the Rules\n241\tDefinition\n242\tApplications for judicial review of decisions of the AEMC\n243\tApplications for judicial review of AEMO's decisions\nPart 5—Merits review and other non-judicial review\n244\tDefinitions\nDivision 3—Tribunal review of information disclosure decisions\n263\tApplication for review\n264\tExclusion of public in certain cases\n265\tDetermination in the review\n266\tTribunal must be taken to have affirmed decision if decision not made within time\n267\tAssistance from AER or AEMO\nDivision 4—General\n268\tCosts in a review\n269\tAmount of costs\nPart 5A—Dispute resolution under the Rules\n270B\tCommercial Arbitration Acts to apply to proceedings before Dispute resolution panels\n270C\tAppeals on questions of law from decisions or determinations of Dispute resolution panels\nPart 6—Enforcement of access determinations\n271\tEnforcement of access determinations\n272\tConsent injunctions\n273\tInterim injunctions\n274\tFactors relevant to granting a restraining injunction\n275\tFactors relevant to granting a mandatory injunction\n276\tDischarge or variation of injunction or other order\nPart 7—Infringement notices\n277\tPower to serve notice\n278\tForm of notice\n279\tInfringement penalties\n280\tAER cannot institute proceedings while infringement notice on foot\n281\tLate payment of penalty\n282\tWithdrawal of notice\n283\tRefund of infringement penalty\n284\tPayment expiates breach of civil penalty provision\n285\tPayment not to have certain consequences\n286\tConduct in breach of more than 1 civil penalty provision\nPart 8—Further provision for corporate liability for breaches of this Law etc\n287\tDefinition\n288\tOffences and breaches by corporations\n289\tCorporations also in breach if officers and employees are in breach\nChapter 9—The making of the National Gas Rules\n290\tDefinitions\nDivision 2—Rule making tests\n291\tApplication of national gas objective\n292\tAEMC must take into account form of regulation factors in certain cases\n293\tAEMC must take into account revenue and pricing principles in certain cases\n293A\tAEMC must take into account innovative trial principles in certain cases\nPart 2—Minister initiated National Gas Rules\nDivision 1—Initial Rules made by Minister\n294\tSouth Australian Minister to make initial National Gas Rules\n294A\tSouth Australian Minister to make initial Rules and Procedures related to AEMO's functions under this Law\n294B\tSouth Australian Minister to make initial Rules related to AEMO's declared STTM functions\n294C\tSouth Australian Minister may make initial Rules and Retail Market Procedures relating to implementation of NERL and NERR\n294CA\tSouth Australian Minister may make consequential Rules relating to rate of return instrument\n294D\tSouth Australian Minister to make initial Rules relating to AEMO's gas trading exchange functions\n294DA\tSouth Australian Minister to make initial Rules relating to the capacity reforms\n294E\tSouth Australian Minister to make initial Rules relating to Energy Consumers Australia\n294EA\tSouth Australian Minister to make initial Rules relating to regulatory sandboxing\n294F\tSouth Australian Minister to make initial Rules relating to access to non‑scheme pipelines\n294FA\tSouth Australian Minister to make initial Rules relating to enhanced market transparency\n294FB\tSouth Australian Minister to make initial Rules relating to pipeline regulation\n294FC\tSouth Australian Minister to make initial Rules relating to national gas objective\n294FD\tSouth Australian Minister to make initial Rules relating to other gases\n294FE\tSouth Australian Minister to make initial Rules relating to wholesale market monitoring matters\nDivision 2—Rules made by Minister from time to time\n294G\tSouth Australian Minister may make Rules on recommendation of MCE and Energy Security Board\nPart 3—Procedure for the making of a Rule by the AEMC\n295\tInitiation of making of a Rule\n296\tAEMC may make more preferable Rule in certain cases\n297\tAEMC may make Rules that are consequential to a Rule request\n298\tContent of requests for a Rule\n299\tWaiver of fee for Rule requests\n300\tConsolidation of 2 or more Rule requests\n301\tInitial consideration of request for Rule\n302\tAEMC may request further information from Rule proponent in certain cases\n303\tNotice of proposed Rule\n304\tPublication of non-controversial or urgent final Rule determination\n304A\tPublication of final Rule determination for trial Rule\n305\t\"Fast track\" Rules where previous public consultation by gas market regulatory body or an AEMC review\n306\tRight to make written submissions and comments\n307\tAEMC may hold public hearings before draft Rule determination\n308\tDraft Rule determination\n309\tRight to make written submissions and comments in relation to draft Rule determination\n310\tPre-final Rule determination hearing may be held\n311\tFinal Rule determination\n312\tProposal to make more preferable Rule\n313\tMaking of Rule\n314\tOperation and commencement of Rule\n314A\tExtension of trial Rule\n314B\tAEMC may impose requirements on proponent of trial project on making trial Rule\n314C\tAEMC may revoke trial Rule on recommendation of AER\n314D\tSpecial provision for revocation of trial Rule\n315\tRule that is made to be published on website and made available to the public\n316\tEvidence of the National Gas Rules\nPart 4—Miscellaneous provisions relating to rule making by the AEMC\n317\tExtension of periods of time in Rule making procedure\n318\tAEMC may extend period of time for making of final Rule determination for further consultation\n319\tAEMC may publish written submissions and comments unless confidential\n320\tAEMC must publicly report on Rules not made within 12 months of public notification of requests\n320A\tSubsequent rule making by AEMC\nChapter 10—General\nPart 2—Handling of confidential information\nDivision 1—Disclosure of confidential information held by AER\n324\tAuthorised disclosure of information given to the AER in confidence\n325\tDisclosure with prior written consent is authorised\n326\tDisclosure for purposes of court and tribunal proceedings and to accord natural justice\n326A\tDisclosure of information to Energy Security Board\n327\tDisclosure of information given to the AER with confidential information omitted\n328\tDisclosure of information given in confidence does not identify anyone\n328A\tDisclosure of information that has entered the public domain\n328B\tDisclosure of information in an aggregated form\n329\tDisclosure of information authorised if detriment does not outweigh public benefit\nDivision 2—Disclosure of confidential information held by AEMC\n330\tConfidentiality of information\nPart 3—Miscellaneous\n332\tFailure to make a decision under this Law or the Rules within time does not invalidate the decision\n333\tWithdrawal of applications relating to particular determinations or classification\n335A\tPenalty privilege\n335B\tCourt may grant relief from liability\n336\tSavings and transitionals\nSchedule 1—Subject matter for the National Gas Rules\nSchedule 2—Miscellaneous provisions relating to interpretation\n1\tDisplacement of Schedule by contrary intention\nPart 2—General\n2\tLaw to be construed not to exceed legislative power of Legislature\n3\tChanges of drafting practice not to affect meaning\n4\tMaterial that is, and is not, part of Law\n5\tReferences to particular Acts and to enactments\n6\tReferences taken to be included in Act or Law citation etc\n7\tInterpretation best achieving Law's purpose\n8\tUse of extrinsic material in interpretation\n9\tCompliance with forms\nPart 3—Terms and references\n10\tDefinitions\n11\tProvisions relating to defined terms and gender and number\n12\tMeaning of may and must etc\n13\tWords and expressions used in statutory instruments\n14\tReferences to Minister\n15\tProduction of records kept in computers etc\n16\tReferences to this jurisdiction to be implied\n17\tReferences to officers and holders of offices\n18\tReference to certain provisions of Law\nPart 4—Functions and powers\n19\tPerformance of statutory functions\n20\tPower to make instrument or decision includes power to amend or repeal\n21\tMatters for which statutory instruments may make provision\n22\tPresumption of validity and power to make\n23\tAppointments may be made by name or office\n24\tActing appointments\n25\tPowers of appointment imply certain incidental powers\n26\tDelegation\n27\tExercise of powers between enactment and commencement\nPart 5—Distance and time\n28\tMatters relating to distance and time\nPart 6—Service of documents\n29\tService of documents and meaning of service by post etc\n30\tMeaning of service by post etc\nPart 7—Evidentiary matters\nDivision 1—Publication on websites\n31\tDefinitions\n32\tPublication of decisions on websites\nDivision 2—Evidentiary certificates\n33\tDefinitions\n34\tEvidentiary certificates—AER\n35\tEvidentiary certificates—AEMC\n38\tEvidentiary certificates—AEMO\nPart 8—Commencement of this Law and statutory instruments\n39\tTime of commencement of this Law or a provision of this Law\n40\tTime of commencement of a Rule\nPart 9—Effect of repeal, amendment or expiration\n41\tTime of Law, the Regulations or Rules ceasing to have effect\n42\tRepealed Law, Regulation or Rule provisions not revived\n43\tSaving of operation of repealed Law, Regulation or Rule provisions\n44\tContinuance of repealed provisions\n45\tLaw and amending Acts to be read as one\nPart 10—Offences under this Law\n46\tPenalty at foot of provision\n47\tPenalty other than at foot of provision\n47A\tIndexation of civil penalty amounts\n47B\tIndexation of criminal penalties\n48\tIndictable offences and summary offences\n49\tDouble jeopardy\n50\tAiding and abetting, attempts etc\nPart 11—Instruments under this Law\n51\tSchedule applies to statutory instruments\n51A\tRate of return instrument construed not to exceed the legislative power of the Legislature of this jurisdiction or the powers conferred by this Law\n52\tNational 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\n53\tInvalid Rules\n53A\tInvalid rate of return instrument\nSchedule 3—Savings and transitionals\n1\tDefinitions\n1A\tWords in particular provisions have meanings given by former section 2\n2\tSchedule subject to jurisdictional transitional arrangements in jurisdictional legislation\nPart 2—General savings provision\n3\tSaving of operation of old access law and Gas Code\nPart 3—Classification and coverage of pipelines\n4\tPending applications for the classification of pipelines lapse\n5\tOld scheme coverage determinations\n6\tOld scheme covered transmission pipelines\n7\tOld scheme covered distribution pipelines\n8\tPending coverage applications under old scheme (before NCC recommendation)\n9\tPending relevant Minister decisions in relation to coverage under old scheme\n10\tPending relevant Minister decisions in relation to coverage that are reviewed under old scheme\n11\tPending old scheme coverage determinations where no applications for review under old scheme\n12\tPending old scheme coverage determinations where applications for review under old scheme on foot\n13\tPending old scheme no-coverage determinations where no applications for review under old scheme\n14\tPending old scheme no-coverage determinations where applications for review under old scheme on foot\n15\tPending coverage revocation applications under old scheme (before NCC recommendation)\n16\tPending relevant Minister decisions in relation to coverage revocation under old scheme\n17\tPending relevant Minister decisions in relation to coverage revocation that are reviewed under old scheme\n18\tPending old scheme coverage revocation determinations where no applications for review under old scheme\n19\tPending old scheme coverage revocation determinations where applications for review under old scheme on foot\n20\tPending old scheme coverage non-revocation determinations where no applications for review under old scheme\n21\tPending old scheme coverage non-revocation determinations where applications for review under old scheme on foot\n22\tBinding no-coverage determinations\n23\tPending applications for binding no-coverage determinations (before NCC recommendation)\n24\tPending relevant Minister decisions for binding no-coverage determinations under old scheme\n25\tPending relevant Minister decisions in relation to binding no‑coverage determinations that are reviewed under old scheme\nPart 4—Access arrangements\n26\tCurrent access arrangements (other than old scheme limited access arrangements)\n27\tOld scheme limited access arrangements\n28\tAccess arrangements submitted but not approved or rejected before repeal of old scheme\n29\tAccess arrangement revisions submitted but not approved or rejected before repeal of old scheme\n30\tCertain provisions of the Gas Code to continue to apply to current and proposed access arrangements\n31\tCertain decisions relating to certain access arrangements are reviewable regulatory decisions for purposes of Chapter 8 Part 5 of the Law\n32\tLimited access arrangements submitted but not approved before repeal of old scheme\n33\tExtensions and expansions policies\n34\tQueuing policies\nPart 5—Price regulation exemptions\n35\tOld scheme price regulation exemptions\n36\tPending applications for price regulation exemptions\n37\tPending Commonwealth Minister decisions for price regulation exemptions\nPart 6—Structural and operational separation (ring fencing)\n38\tDefinitions\n39\tCompliance with certain old scheme ring fencing requirements sufficient compliance for 6 month period\n40\tExisting waivers of ring fencing obligations\n41\tAdditional ring fencing obligations\nPart 7—Access disputes\n42\tNon-finalised access disputes\nPart 8—Investigations and proceedings\n43\tInvestigations into breaches and possible breaches of the old access law or Gas Code\n44\tAER may conduct investigations into breaches or possible breaches of Gas Pipelines Access Law not investigated by a relevant Regulator\n45\tAER may bring proceedings in relation to breaches of old access law and Gas Code\nPart 9—Associate contracts\n46\tPending associate contract approvals that are approved after commencement day\n47\tPending associate contracts approvals that are not approved\n48\tApproved associate contracts\nPart 10—Other\n49\tPending and final tender approval requests lapse\n50\tDecisions approving final approval requests\n51\tRights under certain change of law provisions in agreements or deeds not to be triggered\n52\tReferences to relevant Regulator in access arrangements\n53\tOld scheme classifications and scheme participant determinations\nPart 11—Transitional provisions related to AEMO's new functions and its assumption of role of former gas market operators\nDivision 1—Preliminary\n54\tDefinitions\nDivision 2—General provisions\n55\tSaving operation of superseded jurisdictional rules\n56\tTransitional provisions governing accrued and accruing rights, liabilities etc\n57\tInvestigations\n58\tProceedings for breach of superseded jurisdictional rules\n59\tDispute resolution\n60\tRegistered participants\n61\tInstruments made by former gas market operators\n62\tRule change proposals\n63\tIncompatibility between request for the making of Rule or Procedure and Minister-initiated Rule or Procedure\n64\tNatural Gas Services Bulletin Board\n65\tPublication of notices etc\n66\tRights under change of law provisions not to be triggered by amendments to this Law etc\nDivision 3—Transfer of assets and liabilities of GMC and AEMO T\n67\tTransfer of assets and liabilities\n68\tTransfer of AEMO T's assets and liabilities\n69\tEffect of relevant transfer order\n70\tContinued effect of certain acts by GMC or AEMO T\n71\tContinuation of proceedings\n72\tValidity and effect of things done under this Division\n73\tEvidence of transfer\n74\tObsolete references\nDivision 4—Acceptance of transfer from former gas market operators and AEMO T\n75\tParties to transfer must do anything necessary to perfect transfer\n76\tCorporations Act displacement\n77\tAEMO's fees and charges\n78\tEstablishment expenditure\n79\tExpenditure on gas statement of opportunities\nDivision 6—Information\n80\tTransferred information\n81\tCalculations\nDivision 7—Deferral of relevant legislative innovations in Queensland\n82\tQueensland Minister's power to defer commencement of relevant legislative innovations\nDivision 8—Special transitional provisions for South Australia\n83\tDefinitions\n84\tTransitional contracts\n85\tContractual provisions for dispute resolution\n86\tRisk allocation\nPart 12—Transitional provision related to short term trading markets\n87\tInitial STTM Procedures\nPart 13—Application of National Energy Retail Law amendments\n88\tApplication of National Energy Retail Law amendments\nPart 14—Information publication\n89\tInformation publication\nPart 15—Transitional provision related to AEMC rule making powers\n90\tAEMC rule making powers\nPart 16—Transitional provisions relating to capacity trading and auctions and harmonisation amendments\n91\tImmunity from liability—implementation or use of standard market timetable\n92\tImmunity from liability—supply of capacity through capacity auctions\n93\tImmunity for giving effect to the auction priority principles\n94\tTransitional regulations\nPart 17—Transitional provisions for rate of return instrument\n95\tDefinitions\n96\tMaking first rate of return instrument if review not completed before commencement\n97\tMaking first rate of return instrument if review completed before commencement\n98\tApplication of this Law to particular decisions\nPart 18—Savings and transitional provisions related to Ministerial Council on Energy amendments\n99\tDefinitions\n100\tReferences to Ministerial Council on Energy\n101\tRights under certain change of law provisions in agreements or deeds not to be triggered\n102\tRights under contracts etc\n103\tSaving of decisions etc\nPart 19—Transitional provisions related to pipeline regulation amendments\n104\tDefinitions\nDivision 2—Regulation and classification of pipelines\nSubdivision 1—Covered pipelines generally\n105\tParticular covered pipelines deemed to be scheme pipelines\nSubdivision 2—Provisions for tender approval pipelines\n106\tParticular tender approval pipelines become scheme pipelines\n107\tWhen particular scheme pipelines become non‑scheme pipelines\nSubdivision 3—Provisions for voluntary access arrangement pipelines\n108\tParticular voluntary access arrangement pipelines become scheme pipelines\n109\tWhen particular scheme pipelines become non‑scheme pipelines\nSubdivision 4—Classification of pipelines\n110\tClassification under pre-amended Law continues in effect\n111\tPipelines not classified under pre-amended Law or jurisdictional gas legislation\n112\tNotice to be given about classification of particular pipelines\nDivision 3—Pending matters under Chapter 3 of pre-amended Law\n113\tPending applications under Chapter 3 of pre-amended Law\n114\tRecommendation-making process under Chapter 3 of pre-amended Law\n115\tDecision-making process under Chapter 3 of pre-amended Law\nDivision 4—Provisions for limited access arrangements\n116\tLimited access arrangements\n117\tSubmission of limited access arrangement\nDivision 5—Provisions for 15-year no-coverage determinations\nSubdivision 1—General provisions\n118\t15-year no-coverage determinations deemed to be greenfields incentive determinations\n119\tExemption for pipelines to which a 15‑year no-coverage determination applied\n120\tPending applications for 15‑year no-coverage determinations under pre-amended Law\nSubdivision 2—Price regulation exemptions\n121\tPending applications for price regulation exemption\n122\tMaking of recommendations for price regulation exemptions\n123\tGranting of price regulation exemptions\n124\tPrice regulation exemptions deemed to be greenfields incentive determinations\nDivision 6—Access disputes\n125\tAccess disputes started under pre-amended Law\nDivision 7—Miscellaneous provisions\n126\tService provider for non‑scheme pipeline not required to comply with section 131\n127\tExemptions from minimum ring fencing requirements\n128\tDelayed commencement of ring fencing requirements for non‑scheme pipelines\n129\tProvision for Goldfields Gas Pipeline\n130\tProvision for Northern Gas Pipeline\n131\tPending applications under Rules for approval of tender process\n132\tDecision-making process under Rules for approval of tender process\nPart 20—Transitional provisions related to national gas objective amendments\n133\tDefinitions\n134\tWhen amended objective takes effect for particular matters\n135\tApplication of national gas objective to particular matters in progress on start day\n136\tAdministrative guidance for decisions under clause 135(3)\n137\tAdministrative guidance about value of greenhouse gas emissions\n138\tValidation of things done in relation to Rules before commencement\nPart 21—Transitional provisions related to other gas amendments\n139\tDefinitions\nDivision 2—Gas Bulletin Board\n140\tGas Bulletin Board\n141\tReferences to Natural Gas Services Bulletin Board\nDivision 3—Other matters\n142\tGreenfields incentive determinations\n143\tGreenfields price protection determinations\n144\tInformation transparency rules\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the National Gas (South Australia) Act 2008.\n3—Interpretation\n\t(1)\tIn this Act—\nNational Gas (South Australia) Law means the provisions applying because of section 7 of this Act;\nNational Gas (South Australia) Regulations means the provisions applying because of section 8 of this Act.\n\t(2)\tWords and expressions used in the National Gas (South Australia) Law and in this Act have the same respective meanings in this Act as they have in that Law.\n\t(3)\tThis section does not apply to the extent that the context or subject matter otherwise indicates or requires.\n4—Crown to be bound\nThis Act, the National Gas (South Australia) Law and the National Gas (South Australia) Regulations bind the Crown, not only in right of South Australia but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.\n5—Application to coastal waters\n\t(1)\tThis Act, the National Gas (South Australia) Law and the National Gas (South Australia) Regulations apply in the coastal waters of this State as if the coastal waters were within the limits of the State.\nadjacent area in respect of the State means the adjacent area of this jurisdiction under the National Gas (South Australia) Law (as defined in section 9(1) of this Act);\ncoastal waters, in relation to this State, means any sea that is on the landward side of the adjacent area in respect of the State but is not within the limits of the State.\n6—Extra‑territorial operation\nIt is the intention of the Parliament that this Act, the National Gas (South Australia) Law and the National Gas (South Australia) Regulations should, so far as possible, operate to the full extent of the extra‑territorial legislative power of the State.\n","sortOrder":20},{"sectionNumber":"Part 2","sectionType":"part","heading":"National Gas (South Australia) Law and National Gas (South Australia) Regulations","content":"Part 2—National Gas (South Australia) Law and National Gas (South Australia) Regulations\n7—Application of National Gas Law\nThe National Gas Law set out in the Schedule to this Act, as in force for the time being—\n\t(a)\tapplies as a law of South Australia; and\n\t(b)\tas so applying may be referred to as the National Gas (South Australia) Law.\nThis section has effect to the extent to which the provisions of the Schedule have come into operation—see section 2(2).\n8—Application of regulations under National Gas Law\nThe regulations in force for the time being under Part 3 of this Act—\n\t(a)\tapply as regulations in force for the purposes of the National Gas (South Australia) Law; and\n\t(b)\tas so applying may be referred to as the National Gas (South Australia) Regulations.\n9—Interpretation of some expressions in National Gas (South Australia) Law and National Gas (South Australia) Regulations\n\t(1)\tIn the National Gas (South Australia) Law and the National Gas (South Australia) Regulations—\nadjacent area of another participating jurisdiction means the offshore area of a State other than this State or of the Northern Territory within the meaning given in section 7 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of the Commonwealth;\nadjacent area of this jurisdiction means the offshore area of the State within the meaning given in section 7 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of the Commonwealth;\nCourt means the Supreme Court of South Australia;\ndesignated Minister means the Minister to whom the administration of this Act has been committed;\nLegislature of this jurisdiction means the Parliament of South Australia;\nNational Gas Law or this Law means the National Gas (South Australia) Law;\nthis jurisdiction means the State of South Australia.\n\t(2)\tThe Legislation Interpretation Act 2021 does not apply to the National Gas (South Australia) Law or the National Gas (South Australia) Regulations.\n","sortOrder":21},{"sectionNumber":"Part 3","sectionType":"part","heading":"Making of regulations and rules under National Gas Law","content":"Part 3—Making of regulations and rules under National Gas Law\n10—Definitions\nNational Gas Law means the National Gas Law set out in the Schedule to this Act as in force for the time being.\n11—General regulation‑making power for National Gas Law\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, the National Gas Law.\n\t(2)\tWithout limiting subsection (1), the regulations may prescribe fees in respect of any matter under the National Gas Law, and provide for the waiver or refund of such fees.\n\t(3)\tRegulations under this Part may—\n\t(b)\tvary according to the persons, times, places or circumstances to which they are expressed to apply;\n\t(c)\tin relation to fees, prescribe differential fees or provide for fees to be determined according to prescribed factors.\n\t(4)\tOnce the Governor has made a regulation prescribing 1 or more pipelines to be designated pipelines for the purposes of the definition of designated pipeline in section 2 of the National Gas Law, the Governor cannot make another regulation that prescribes any other pipeline to be a designated pipeline.\n\t(5)\tRegulations under this Part may be made only on the unanimous recommendation of the Ministers of the participating jurisdictions.\n\t(6)\tSection 10 of the Legislative Instruments Act 1978 does not apply to a regulation under this Part.\n12—Specific regulation‑making power\n\t(1)\tWithout limiting the generality of section 11, the regulations may deal with matters of a transitional nature—\n\t(a)\trelating to the transition from the application of provisions of the old access law or the Gas Code to the application of provisions of the National Gas Law; or\n\t(b)\ton account of any amendments made from time to time to the National Gas Law.\n\t(2)\tAny provision of the regulations that deals with a matter of a transitional nature under subsection (1)(a) may be expressed to take effect from a time that is earlier than the beginning of the day on which the regulations containing the provision are made, not being a time earlier than the commencement of this subsection.\n\t(2a)\tAny provision of the regulations that deals with a matter of a transitional nature under subsection (1)(b) may be expressed to take effect from a time that is earlier than the beginning of the day on which the regulations containing the provision are made, not being a time earlier than the commencement of the relevant amendment.\n\t(3)\tIf a provision of a regulation is expressed to take effect from a time that is earlier than the beginning of the day on which the regulations containing the provision are made, the provision must also provide that the provision does not operate so as—\n\t(a)\tto prejudicially affect the rights of a person (other than the rights of a Minister of a participating jurisdiction, an entity involved in the administration of the old access law, the Gas Code or the National Gas Law, a former gas market operator, or AEMO or AEMO T) existing before the date of making of those regulations; or\n\t(b)\tto impose liabilities on any person (other than liabilities imposed on a Minister of a participating jurisdiction, an entity involved in the administration of the old access law, the Gas Code or the National Gas Law, a former gas market operator, or AEMO or AEMO T) in respect of anything done or omitted to be done before the date of making of those regulations.\nGas Code means the National Third Party Access Code for Natural Gas Pipelines Systems set out in Schedule 2 of the Gas Pipelines Access (South Australia) Act 1997 as in force from time to time before the commencement of this section;\nmatters of a transitional nature includes matters of an application or savings nature;\nNational Gas Law means the National Gas Law set out in the Schedule to this Act as in force from time to time after the commencement of this section, or the Rules as in force from time to time after the commencement of this section;\nold access law means Schedule 1 to the Gas Pipelines Access (South Australia) Act 1997 as in force from time to time before the commencement of this section.\n13—Making of rules\nTheLegislative Instruments Act 1978 does not apply to Rules made under the National Gas Law.\n","sortOrder":22},{"sectionNumber":"Part 4","sectionType":"part","heading":"Cross vesting of powers","content":"Part 4—Cross vesting of powers\n14—Conferral of powers on Commonwealth Minister and Commonwealth bodies to act in this State\n\t(1)\tThe Commonwealth Minister and the Commonwealth bodies have power to do acts in or in relation to this State in the performance or exercise of a function or power expressed to be conferred on them respectively by the national gas legislation of another participating jurisdiction.\nCommonwealth bodies means either of the following:\n\t(b)\tthe Tribunal.\n15—Conferral of powers on Ministers of participating States and Territories to act in this State\nThe Minister of a participating jurisdiction has power to do acts in or in relation to this State in the performance or exercise of a function or power expressed to be conferred on the Minister by the national gas legislation of another participating jurisdiction.\n16—Conferral of functions or powers on State Minister\nIf the national gas legislation of another participating jurisdiction confers a function or power on the Minister, the Minister—\n\t(a)\tmay perform that function or exercise that power; and\n\t(b)\tmay do all things necessary or convenient to be done in connection with the performance or exercise of that function or power.\n","sortOrder":23},{"sectionNumber":"Part 5","sectionType":"part","heading":"General","content":"Part 5—General\n17—Exemption from taxes\n\t(1)\tAny stamp duty or other tax imposed by or under a law of this State is not payable in relation to—\n\t(a)\tan exempt matter; or\n\t(b)\tanything done (including, for example, a transaction entered into or an instrument or document made, executed, lodged or given) because of, or arising out of, an exempt matter.\nexempt matter means a transfer of assets or liabilities—\n\t(a)\tthat is made for the purpose of ensuring that a person does not carry on a business of producing, purchasing or selling a covered gas, processable gas or biogas in breach of any ring fencing requirements of any national gas legislation or for the purpose of the separation of certain businesses or business activities from other businesses or business activities of a person as required by an AER ring fencing determination; and\n\t(b)\tthat the Minister and the Treasurer declare from time to time by notice in the Gazette to be an exempt matter for the purposes of this section.\n19—Conferral of functions and powers on Commonwealth bodies\n\t(1)\tClause 2 of Schedule 2 to the National Gas (South Australia) Law has effect in relation to the operation of any provision of this Act, or any regulation made under this Act, as if the provision or regulation formed part of the National Gas (South Australia) Law.\n\t(2)\tSubsection (1) does not limit the effect that a provision or regulation would validly have apart from the subsection.\n20—Freedom of information\nThe following are exempt agencies for the purposes of the Freedom of Information Act 1991:\n\t(a)\tAEMO;\n\t(b)\tan agent of AEMO with respect to functions performed under the Rules or the Procedures.\n21—Role of AEMO\n\t(1)\tThe Minister may, by notice in the Gazette—\n\t(a)\tfix 2 dates for the purposes of the definition of changeover date in section 2 of the National Gas (South Australia) Law;\n\t(b)\tspecify which changeover date is the relevant changeover date for the purposes of specified provisions of the National Gas (South Australia) Law.\n\t(2)\tIn relation to the operation of section 91A(1) of the National Gas (South Australia) Law—\n\t(a)\tparagraphs (h) and (i) of subsection (1) will apply to, and in relation to, South Australia from the first changeover date fixed by the Minister; and\n\t(b)\tparagraphs (b) and (g) of subsection (1) will also apply to, and in relation to, South Australia from the first changeover date, but, until the second changeover date, those paragraphs will only apply to the extent to which the performance of the relevant functions by AEMO is not inconsistent with the performance of functions by REMCo under a law of the State; and\n\t(c)\tparagraphs (a), (c), (d), (e), (j), (k) and (l) of subsection (1) will apply to, and in relation to, South Australia from the second changeover date.\nSubsection (2)(b), insofar as it applies to section 91A(1)(g) of the National Gas (South Australia) Law, is intended to ensure that any changes to the Procedures made by AEMO before the second changeover date that relate to retail market procedures do not apply to, or in relation to, South Australia until on or after the second changeover date.\nREMCo means the Retail Energy Market Company Limited (ACN 103 318 556).\n22—Ministerial power to suspend operation of 2009 Amendment Act\n\t(1)\tIn this section—\n2009 (AEMO) Amendment Act means the National Gas (South Australia) (National Gas Law—Australian Energy Market Operator) Amendment Act 2009.\n\t(2)\tThe Minister may, by notice in the Gazette, suspend the operation in South Australia of a provision to be inserted into the National Gas Law by the 2009 (AEMO) Amendment Act, as it applies as a law of South Australia under section 7(a) of this Act—\n\t(a)\tuntil a specified day; or\n\t(b)\tuntil a day to be specified by the Minister by subsequent notice in the Gazette.\n\t(3)\tA notice under subsection (2)—\n\t(a)\twill have effect in accordance with its terms; and\n\t(b)\twill have effect for the purposes of the operation of the National Gas (South Australia) Law but not as to affect the application, force or effect of the National Gas Law in any other way.\n\t(4)\tFor the purposes of subsection (2), a reference to a provision to be inserted into the National Gas Law extends to a part of a provision.\n23—Application of provisions relating to short term trading markets\nDivision 2A of Part 6 of Chapter 2 of the National Gas (South Australia) Law applies to, and in relation to, South Australia.\n24—Regulation‑making power for the purposes of the National Gas (South Australia) Law\nThe Governor may make such regulations as are contemplated by the National Gas (South Australia) Law as being made under this Act as the application Act of this jurisdiction.\n","sortOrder":24},{"sectionNumber":"Part 6","sectionType":"part","heading":"Validation of instruments and decisions of AER","content":"Part 6—Validation of instruments and decisions of AER\n25—Validation of instruments and decisions made by AER\n\t(1)\tThis section applies to an instrument or decision made by the AER if—\n\t(a)\tthe instrument or decision was made—\n\t(i)\ton or after the time that the amendments of the National Gas Law by the Statutes Amendment (National Energy Retail Law) Act 2011 were enacted;\n\t(ii)\tbefore the time (the application time) that the amendments started to apply under this Act as a law of South Australia; and\n\t(b)\thad the amendments started so to apply the making of the instrument or decision would have been authorised by or under one of the following laws (the authorising law):\n\t(i)\tthe National Gas (South Australia) Law;\n\t(ii)\tthe National Gas (South Australia) Regulations;\n\t(iii)\tthis Act;\n\t(iv)\tan instrument made or having effect under this Act; and\n\t(c)\tin a case in which the making of the instrument or decision would be so authorised subject to the satisfaction of any conditions or other requirements (for example, consultation or publication requirements)—the AER has done anything that would, if the amendments had started so to apply, be required under the authorising law for the instrument or decision to be so authorised.\n\t(2)\tFor the purposes of the authorising law—\n\t(a)\tthe instrument or decision is taken to be valid; and\n\t(b)\tthe instrument or decision had effect from the application time—\n\t(i)\tas varied, and unless revoked, by any other instrument or decision to which this section applies; and\n\t(ii)\tsubject to that law as so applying.\n\t(3)\tFor the purposes of this section—\n\t(a)\tguidelines are an example of an instrument; and\n\t(b)\tthe following are examples of decisions:\n\t(i)\tappointments;\n\t(ii)\tdeterminations;\n\t(iii)\tapprovals.\n26—AER—authorisation of preparatory steps\n\t(a)\tthe AER is required to do something (a preparatory step) before making a decision or making an instrument under one of the following (the authorising law):\n\t(i)\tthe National Gas (South Australia) Law;\n\t(ii)\tthe National Gas (South Australia) Regulations;\n\t(iii)\tthis Act;\n\t(iv)\tan instrument made or having effect under this Act; and\n\t(b)\tthe preparatory step would have been required under the authorising law if the amendments of the National Gas Law made by the Statutes Amendment (National Energy Retail Law) Act 2011 had started to apply under this Act as a law of South Australia; and\n\t(c)\tthe AER takes the preparatory step—\n\t(i)\ton or after the time that the amendments were enacted; but\n\t(ii)\tbefore the time that the amendments started to apply under this Act as a law of South Australia.\n\t(2)\tFor the purposes of the authorising law, the AER is taken to have complied with the requirement to take the preparatory step.\nSchedule—National Gas Law\n\n","sortOrder":25},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Chapter 1—Preliminary\nPart 1—Citation and interpretation\n1—Citation\nThis law may be cited as the National Gas Law.\n2—Definitions\n\t(1)\tIn this Law—\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;\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;\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;\nadoptive jurisdiction means a participating jurisdiction for which AEMO is authorised to exercise its declared system functions or STTM functions;\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—\n\t(a)\tthe amendments to this Law made by the National Gas (South Australia) (National Gas Law—Australian Energy Market Operator) Amendment Act 2009; and\n\t(b)\tthe amendments to the Rules made by the National Gas (South Australia) (National Gas Rules—Australian Energy Market Operator) Amendment Rules 2009; and\n\t(c)\tthe Procedures first made under this Law after the enactment of the amendments referred to in paragraph (a);\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;\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—\n\t(a)\tby means of; or\n\t(b)\tin 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—\n\t(c)\tthe preparation of a service provider performance report;\n\t(d)\ta ring fencing decision;\n\t(e)\tan applicable access arrangement decision;\n\t(f)\tan 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).\nAER gas price reporting functions means the functions of the AER performed under section 27(1)(fa);\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;\nAER wholesale market monitoring functions—the AER wholesale market monitoring functions are set out in section 30AC(1);\nAER wholesale market reporting functions—the AER wholesale market reporting functions are set out in section 30AC(2);\nannual turnover has the same meaning as in section 2(1) of Schedule 2 to the Competition and Consumer Act 2010 of the Commonwealth;\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—\n\t(a)\tunder the Rules; or\n\t(b)\tby an access determination as provided by this Law or the Rules;\napplicable access arrangement decision means a decision of the AER under the Rules that—\n\t(a)\tapproves 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\t(b)\tmakes an access arrangement—\n\t(i)\tin place of an access arrangement the AER does not approve in that decision; or\n\t(ii)\tbecause a scheme pipeline service provider does not submit an access arrangement in accordance with section 113 or the Rules; or\n\t(c)\tmakes revisions to an access arrangement—\n\t(i)\tin place of revisions submitted to the AER under section 113 that the AER does not approve in that decision; or\n\t(ii)\tbecause a scheme pipeline service provider does not submit revisions to the AER under section 113;\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;\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—\n\t(a)\ta 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\t(b)\ta contract, arrangement or understanding between a service provider and any person in connection with the provision of an associate pipeline service—\n\t(i)\tthat provides a direct or indirect benefit to an associate; and\n\t(ii)\tthat 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;\nassociate pipeline service means a pipeline service provided by means of a pipeline other than a pipeline to which a greenfields incentive determination applies;\nAustralian Energy Market Operator or AEMO means Australian Energy Market Operator Limited (ACN 072 010 327);\nbilateral trading agreement, for Chapter 2 Part 1 Division 1AA—see section 30AA;\nBB Procedures means Procedures directed at regulating the Gas Bulletin Board;\nbiogas means a gas derived or recovered from organic matter other than fossilised organic matter;\nbiomethane means a substance—\n\t(a)\tthat is in a gaseous state at standard temperature and pressure; and\n\t(b)\tthe principal constituent of which is methane; and\n\t(c)\tthat is produced by refining biogas; and\n\t(d)\tthat is suitable for consumption;\nblend processing facility means a facility for 1, or more, of the following:\n\t(a)\tthe blending of 1 or more primary gases, with or without other substances, for injection into a pipeline;\n\t(b)\tthe separation of a gas blend withdrawn from a pipeline into constituent gases before re-injection into a pipeline as—\n\t(i)\ta primary gas; or\n\t(ii)\ta gas blend;\nblend processing service means a service provided by means of a blend processing facility;\nblend processing service provider means a person who owns, operates or controls a blend processing facility;\nBulletin Board information means information that—\n\t(a)\ta person gives to AEMO or the AER to comply with Chapter 7 (or any Rules under that Chapter); or\n\t(b)\ta person gives to AEMO in its capacity as operator of the Gas Bulletin Board in circumstances expressly permitted by the Rules;\ncapacity auction means an auction conducted by AEMO through which a person may buy transportation capacity;\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;\ncapacity auction functions of AEMO are set out in section 91BRM(1);\ncapacity auction information means information that––\n\t(a)\ta person gives to AEMO, to comply with section 91FEE(1); or\n\t(b)\ta person gives, in circumstances expressly required or permitted by the Procedures or Rules—\n\t(i)\tto AEMO in its capacity as operator of a capacity auction in which the person participates; or\n\t(ii)\tto 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;\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;\nCapacity Transfer and Auction Procedures means Procedures directed at the operation and administration of capacity auctions and transaction support arrangements;\nchangeover date means—\n\t(a)\ta 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\t(b)\ta 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.\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;\ncivil penalty—see section 3A;\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;\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—\n\t(a)\ta designated compression service facility; or\n\t(b)\tany 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—\n\t(i)\ta facility operated as part of a gathering system operated as part of an upstream producing operation for processable gas; or\n\t(ii)\tanything downstream of a point on a pipeline from which a person takes covered gas for consumption purposes;\ncompression service provider means a person who owns, controls or operates a compression service facility;\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—\n\t(a)\tmatters that go to the making of the designated regulatory decision; and\n\t(b)\tdecisions made by the AER for the purposes of the designated regulatory decision;\ncovered gas means the following:\n\t(a)\ta primary gas;\n\t(b)\ta gas blend;\ncovered gas industry includes—\n\t(a)\tactivities and transactions relating to the following:\n\t(i)\tprocessable gas;\n\t(ii)\tbiogas;\n\t(iii)\tcovered gas, including liquefied natural gas, and covered gas services;\n\t(iv)\tcovered gas industry facilities;\n\t(v)\tservices provided by means of covered gas industry facilities; and\n\t(b)\tactivities and transactions relating to petroleum tenements; and\n\t(c)\tany other activity or transaction, or type of activity or transaction, specified by the Regulations for the purpose of this definition;\ncovered gas industry facility means the following:\n\t(a)\ta blend processing facility;\n\t(b)\ta compression service facility;\n\t(c)\ta gas processing plant;\n\t(d)\tan LNG facility;\n\t(e)\ta pipeline;\n\t(f)\ta storage facility;\n\t(g)\ta user facility;\n\t(h)\tanother facility of a type specified by the Regulations for the purpose of this definition;\ncovered gas service means the following:\n\t(a)\ta pipeline service;\n\t(b)\tthe supply of covered gas;\n\t(c)\ta service ancillary to the service described in paragraph (b);\ndeclared distribution system of an adoptive jurisdiction has the meaning given by the application Act of that jurisdiction;\ndeclared LNG storage provider of an adoptive jurisdiction has the meaning given by the application Act of that jurisdiction;\ndeclared system functions—AEMO's declared system functions are as set out in section 91BA(1);\ndeclared system provisions means—\n\t(a)\tChapter 2 Part 6 Division 2; and\n\t(b)\tthe Rules regulating the declared wholesale gas market of an adoptive jurisdiction or otherwise relevant to Chapter 2 Part 6 Division 2;\ndeclared transmission system of an adoptive jurisdiction has the meaning given by the application Act of that jurisdiction;\ndeclared wholesale gas market means the wholesale market for covered gas defined in the application Act of an adoptive jurisdiction;\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;\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.\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;\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;\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;\ndistribution pipeline means a pipeline that—\n\t(a)\tis classified as a distribution pipeline under a licence or authorisation granted in relation to the pipeline under jurisdictional gas legislation; or\n\t(b)\tif 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.\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;\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:\n\t(a)\ta covered gas industry facility;\n\t(b)\ta regulated gas market;\n\t(c)\ta gas trading exchange for which AEMO has established a gas trading exchange agreement;\n\t(d)\ta system, market or other thing specified by the Rules;\neast coast gas system direction, for Part 6 Division 1A—see section 91AF(1);\nEast Coast Gas System Procedures, for Part 6 Division 1A—see section 91AD(1)(h);\neast coast gas system reliability and supply adequacy functions of AEMO are set out in section 91AD;\neast coast jurisdiction means a participating jurisdiction other than Western Australia;\nECA amendments means the amendments to this Law made by the Statutes Amendment (Energy Consumers Australia) Act 2014 of South Australia;\neffective competition, for Chapter 2 Part 1 Division 1AA—see section 30AB;\nend user means a person who acquires covered gas for consumption purposes, and includes a retail customer;\nEnergy Consumers Australia or ECA means the company incorporated, or to be incorporated, by the name Energy Consumers Australia Limited;\nenergy ombudsman has the same meaning as in the National Energy Retail Law;\nEnergy Security Board means the Energy Security Board referred to in section 2(1) of the NEL;\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;\nexempted participant means a person exempted from registration as a Registered participant;\nextension and expansion requirements means—\n\t(a)\tthe requirements contained in an access arrangement that, in accordance with the Rules, specify—\n\t(i)\tthe circumstances when an extension to a scheme pipeline is to be treated as forming part of the scheme pipeline; and\n\t(ii)\twhether 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\t(iii)\twhether 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\t(b)\tany other requirements specified by the Rules as extension and expansion requirements;\nSee also sections 18 and 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;\nforeign company has the same meaning as in the Corporations Act 2001 of the Commonwealth;\nforeign source means—\n\t(a)\ta source beyond the outer limits of all of the following:\n\t(i)\tthe adjacent area of this jurisdiction;\n\t(ii)\tthe adjacent area of another participating jurisdiction; or\n\t(b)\ta 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:\n\t(a)\tVENCorp;\n\t(b)\tGas Market Company Limited (ACN 095 400 258);\n\t(c)\tin relation to South Australia (but not Western Australia)—Retail Energy Market Company Limited (ACN 103 318 556);\n\t(d)\tthe gas retail market operator appointed under section 257A of the Gas Supply Act 2003 (Qld);\nform of regulation factors has the meaning given by section 16;\ngas blend means primary gases that have been blended together;\nGas Bulletin Board means the website maintained by AEMO that contains information of the kind specified in the Rules for the covered gas industry;\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;\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;\ngas statement of opportunities means the statement published under Chapter 2 Part 6 Division 4;\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;\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;\ngas trading exchange functions—AEMO's gas trading exchange functions are as set out in section 91BRK;\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;\ngeneral market information order means an order under section 91F(1)(a) requiring information from persons of a class specified in the order;\ngeneral regulatory information order has the meaning given by section 45;\ngreenfields incentive determination has the meaning given by section 100;\ngreenfields pipeline project means a project for the construction of—\n\t(a)\ta pipeline that is to be structurally separate from any existing pipeline; or\n\t(b)\ta major extension to an existing pipeline;\ngreenfields price protection determination has the meaning given by section 109;\nGSOO information means information that—\n\t(a)\ta person gives to AEMO to comply with section 91DB; or\n\t(b)\ta person gives to AEMO for the preparation of the gas statement of opportunities in circumstances expressly permitted by the Rules;\nGSOO Procedures means Procedures directed at regulating the collection of information for the gas statement of opportunities;\nGTE amendments means the amendments to this Law made by the National Gas (South Australia) (Gas Trading Exchanges) Amendment Act 2013;\nhaulage, in relation to covered gas, includes conveyance or reticulation of covered gas;\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;\ninitial National Gas Rules means the Initial National Gas Rules made under Chapter 9 Part 2;\ninitial Operational Transportation Service Code means the Operational Transportation Service Code made under section 294DA;\ninnovative trial principles—see section 24A;\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—\n\t(a)\tfor 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\t(b)\tfor Victoria—the Essential Services Commission established by section 7(1) of the Essential Services Commission Act 2001 of Victoria;\n\t(c)\tfor Queensland—the Queensland Competition Authority established by section 7 of the Queensland Competition Authority Act 1997 of Queensland;\n\t(d)\tfor South Australia—the Essential Services Commission established by section 4(1) of the Essential Services Commission Act 2002 of South Australia;\n\t(e)\tfor Tasmania—the Director of Gas appointed under section 7 of the Gas Act 2000 of Tasmania;\n\t(f)\tfor 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\t(g)\tany other person or body—\n\t(i)\tto which the functions of the jurisdictional regulator for a participating jurisdiction are assigned by or under an Act of the participating jurisdiction; or\n\t(ii)\tthat is prescribed by the Regulations as jurisdictional regulator of a participating jurisdiction;\nlisted corporation has the meaning given by section 9 of the Corporations Act 2001 of the Commonwealth;\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;\nLNG service provider means a person who owns, controls or operates an LNG facility;\nlocal regulation means the regulations under the application Act of a participating jurisdiction;\nmarket information instrument means a general market information order or a market information notice;\nmarket information notice means a notice under section 91F(1)(b) requiring information from the person to whom the notice is addressed;\nmarket operator service means a service classified under the Rules as a market operator service;\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:\n\t(a)\t1 Minister from the Commonwealth;\n\t(b)\t1 Minister from each State (totalling 6 Ministers);\n\t(c)\t1 Minister from each Territory (totalling 2 Ministers),\nacting in accordance with its own procedures;\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 Gazette notice means a notice in the South Australian Government Gazette published by the South Australian Minister on the recommendation of the MCE;\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;\nNational Electricity Rules has the same meaning as in the National Electricity Law;\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;\nNational Energy Retail Rules has the same meaning as in the National Electricity Law;\nnational gas legislation means—\n\t(a)\tthe National Gas (South Australia) Act 2008 of South Australia and Regulations in force under that Act; and\n\t(b)\tthe National Gas (South Australia) Law; and\n\t(c)\tthe National Gas Access (WA) Act 2009 of Western Australia; and\n\t(d)\tthe National Gas Access (Western Australia) Law within the meaning given in the National Gas Access (WA) Act 2009 of Western Australia; and\n\t(e)\tRegulations 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\t(f)\tan Act of a participating jurisdiction (other than South Australia or Western Australia) that applies, as a law of that jurisdiction, any part of—\n\t(i)\tthe Regulations referred to in paragraph (a); or\n\t(ii)\tthe National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia; and\n\t(g)\tthe 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\t(h)\tthe Regulations referred to in paragraph (a) as applied as a law of a participating jurisdiction (other than South Australia or Western Australia);\nnational gas objective means the objective set out in section 23;\nNational Gas Procedures or Procedures means—\n\t(a)\tthe initial National Gas Procedures; and\n\t(b)\tProcedures made by AEMO under this Law, including Procedures that amend or revoke the initial National Gas Procedures or Procedures earlier made by AEMO;\nNational Gas Rules or Rules means—\n\t(a)\tthe initial National Gas Rules; and\n\t(ab)\tRules made under Chapter 9 Part 2 Division 2; and\n\t(b)\tRules made by the AEMC under this Law, including Rules that amend or revoke—\n\t(i)\tthe initial National Gas Rules or Rules made under Chapter 9 Part 2 Division 2; or\n\t(ii)\tRules made by it;\nnatural gas means a substance that—\n\t(a)\tis in a gaseous state at standard temperature and pressure; and\n\t(b)\tconsists of naturally occurring hydrocarbons, or a naturally occurring mixture of hydrocarbons and non-hydrocarbons, the principal constituent of which is methane; and\n\t(c)\tis suitable for consumption;\nnew facility means an extension to, or expansion of the capacity of, a pipeline which is to be treated as part of the pipeline—\n\t(a)\tin 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\t(b)\tunder this Law;\nSee also sections 18 and 19.\nnon‑scheme pipeline means a pipeline other than a scheme pipeline;\nnon‑scheme pipeline access dispute means an access dispute that involves a non‑scheme pipeline;\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—\n\t(a)\ta distribution pipeline as defined in that law; and\n\t(b)\ta 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—\n\t(a)\ta transmission pipeline as defined in that law; and\n\t(b)\ta covered pipeline as defined in the Gas Code;\noperational transportation service means—\n\t(a)\ta transportation service that is provided under an operational transportation service agreement using transferred transportation capacity; and\n\t(b)\ta service ancillary to the provision of a service referred to in paragraph (a);\noperational transportation service agreement means an agreement between a transportation service provider and a transportation facility user that provides for—\n\t(a)\tthe transportation facility user to receive a transfer of transportation capacity acquired through any of the following means—\n\t(i)\ta capacity auction; or\n\t(ii)\ta gas trading exchange; or\n\t(iii)\tany other means provided for in the agreement; and\n\t(b)\tthe terms and conditions applicable to the use of that transportation capacity;\nOperational Transportation Service Code has the meaning given by section 228H;\noperative period, for a greenfields incentive determination, has the meaning given by section 102(2);\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;\npetroleum tenement means a right granted under law to explore for, extract, recover or process petroleum;\npipeline means—\n\t(a)\ta 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\t(b)\ta 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\t(c)\ta 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—\n\t(d)\tunless paragraph (e) applies, anything upstream of a prescribed exit flange on a pipeline conveying covered gas from a prescribed gas processing plant; or\n\t(e)\tif a connection point upstream of an exit flange on such a pipeline is prescribed, anything upstream of that point; or\n\t(f)\ta gathering system operated as part of an upstream producing operation for processable gas; or\n\t(g)\tany 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\t(h)\tanything downstream of a point on a pipeline from which a person takes covered gas for consumption purposes;\n\t(i)\tin 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.\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;\npipeline classification criterion has the meaning given by section 13;\npipeline interconnection principles has the meaning given by section 136;\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;\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—\n\t(a)\tthe safe haulage of covered gas in that jurisdiction; or\n\t(b)\tthe safe operation of a pipeline in that jurisdiction;\npipeline service means—\n\t(a)\ta service provided by means of a pipeline, including—\n\t(i)\ta haulage service (such as firm haulage, interruptible haulage, spot haulage and backhaul); and\n\t(ii)\ta service providing for, or facilitating, the interconnection of pipelines; or\n\t(b)\ta service ancillary to the provision of a service referred to in paragraph (a),\nbut does not include—\n\t(c)\tthe production of a primary gas, a processable gas or biogas; or\n\t(d)\tthe sale or purchase of a covered gas, a processable gas or biogas; or\n\t(e)\ta blend processing service;\npipeline service standard means a standard relating to the standard of the pipeline services provided by a service provider imposed—\n\t(a)\tby or under jurisdictional gas legislation; or\n\t(b)\tby the AER—\n\t(i)\tunder an access arrangement decision; or\n\t(ii)\tin accordance with the Rules;\nprice information order has the meaning given by section 46A;\nprimary gas means the following:\n\t(a)\tnatural gas;\n\t(b)\thydrogen;\n\t(c)\tbiomethane;\n\t(d)\tsynthetic methane;\n\t(e)\ta substance prescribed by the Regulations for the purpose of this definition;\n\t(f)\ta substance prescribed as a primary gas in a participating jurisdiction by a local regulation of the participating jurisdiction;\nprescribed transparency information has the meaning given by section 136C;\nprocessable gas means a substance that—\n\t(a)\tis in a gaseous state at standard temperature and pressure; and\n\t(b)\tconsists 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;\nprospective user has the meaning given by section 5;\nprotected information has the meaning given by section 91G;\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);\nreclassification decision means a decision of the AER under Chapter 3 Part 6 Division 2;\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—\n\t(a)\tspecified in an applicable access arrangement approved or made under an access arrangement decision; or\n\t(b)\tdetermined by applying the formula or methodology contained in an applicable access arrangement approved or made under an access arrangement decision;\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;\nregulated gas market means—\n\t(a)\ta declared wholesale gas market; or\n\t(ab)\ta short term trading market; or\n\t(b)\ta regulated retail gas market;\nregulated retail gas market has the meaning given by section 91L(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—\n\t(a)\ta general regulatory information order; or\n\t(b)\ta regulatory information notice; or\n\t(c)\ta price information order;\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 adjudicator means—\n\t(a)\tfor a scheme pipeline access dispute—the dispute resolution body; or\n\t(b)\tfor a non‑scheme pipeline access dispute—the arbitrator for the dispute;\nrelevant agreement, for Chapter 2 Part 1 Division 1AA—see section 30AA;\nrelevant entity, for Part 6 Division 1A—see section 91AF(8);\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);\nretail customer means a person to whom covered gas is sold for premises by a retailer;\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;\nretail gas market has the meaning given by section 91L(1);\nRetail Market Procedures means Procedures directed at regulating a retail gas market;\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;\nring fencing decision means—\n\t(a)\tan AER ring fencing determination; or\n\t(b)\ta decision granting or not granting an exemption under Rules made under section 148A; or\n\t(c)\tan associate contract decision;\nrule dispute means a dispute for the resolution of which provision is made in the Rules;\nscheme pipeline means—\n\t(a)\ta pipeline to which a scheme pipeline determination applies; or\n\t(b)\ta designated pipeline; or\n\t(c)\ta 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.\nscheme pipeline access dispute means an access dispute that involves a scheme pipeline;\nscheme pipeline determination has the meaning given by section 92(1);\nscheme pipeline election has the meaning given by section 95;\nscheme pipeline revocation determination means a determination made under section 97(1);\nscheme pipeline service provider means a service provider who provides or intends to provide pipeline services by means of a scheme pipeline;\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—\n\t(a)\toperates in an adoptive jurisdiction; and\n\t(b)\tis 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.\nsmall shipper has the meaning given by section 8AB;\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;\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;\nstandard market timetable means the standard market timetable provided for in the Rules in accordance with section 83B;\nstandard OTSA means an operational transportation service agreement within the meaning of section 228B as amended from time to time;\nstatutory functions, in relation to AEMO, means functions or powers conferred under—\n\t(a)\tthis Law, the Rules or the Procedures; or\n\t(b)\tthe National Electricity Law or the National Electricity Rules;\nstorage facility means a facility for storing processable gas, biogas or covered gas (including liquefied natural gas) before or after processing, blending or separating;\nstorage provider means any person who owns, controls or operates a storage facility;\nSTTM amendments means—\n\t(a)\tthe amendments to this Law made by the National Gas (South Australia) (Short Term Trading Market) Amendment Act 2009 of South Australia; and\n\t(b)\tthe amendments to the Rules made under section 294B; and\n\t(c)\tthe STTM Procedures first made under this Law after the enactment of the amendments referred to in paragraph (a);\nSTTM functions—AEMO's STTM functions are as set out in section 91BRB;\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;\nSTTM information means information that—\n\t(a)\ta person gives to AEMO, to comply with section 91FEA(1); or\n\t(b)\ta person gives, in circumstances expressly required or permitted by the Procedures or Rules—\n\t(i)\tto AEMO in its capacity as operator of a short term trading market in which the person participates;\n\t(ii)\tto 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;\nSTTM Procedures means Procedures directed at regulating a short term trading market;\nSTTM trading participant means a person referred to in section 91BRC;\nsuperseded jurisdictional rules means—\n\t(a)\tlegislation (including subordinate legislation) of a participating jurisdiction regulating the gas industry in that jurisdiction that—\n\t(i)\twas in force immediately before the relevant changeover date; and\n\t(ii)\tis superseded by the AEMO amendments; and\n\t(b)\trules 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\t(c)\ta licence condition governing the activities of the licensee in, or in relation to, a regulated retail gas market in a participating jurisdiction—\n\t(i)\tin force immediately before the relevant changeover date; and\n\t(ii)\tsuperseded by the AEMO amendments; and\n\t(d)\ta guideline, code, standard or other instrument governing the operation or regulation of a gas market in a participating jurisdiction—\n\t(i)\tmade or issued by the jurisdictional regulator; and\n\t(ii)\tin force immediately before the relevant changeover date; and\n\t(iii)\tsuperseded by the AEMO amendments;\nExamples—\n1\tThe Gas Market Retail Rules (Vic) and the Gas Industry Market and System Operation Rules (Vic).\n2\tThe Gas Retail Market Business Rules to Support Retail Competition in Gas (NSW).\n3\tThe Gas Market Retail Rules (Qld).\n4\tThe Retail Market Rules (SA).\nsupply includes—\n\t(a)\tin relation to goods—supply (including re-supply) by way of sale, exchange, lease, hire or hire purchase; and\n\t(b)\tin relation to services—provide, grant or confer;\nsynthetic methane means a substance—\n\t(a)\tthat is in a gaseous state at standard temperature and pressure; and\n\t(b)\tthe principal constituent of which is methane; and\n\t(c)\tthat is produced by the methanation of carbon dioxide; and\n\t(d)\tthat is suitable for consumption;\ntariff means a rate by which a charge for a pipeline service is calculated;\nTerritory means the Australian Capital Territory or the Northern Territory;\ntrader means a person who—\n\t(a)\tbuys or sells covered gas; and\n\t(b)\tin doing so is not acting in some other registrable capacity; and\n\t(c)\twhere the person is the purchaser of covered gas, is not buying the covered gas for the purchaser's own use;\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;\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;\ntransmission pipeline means a pipeline that—\n\t(a)\tis classified as a transmission pipeline under a licence or authorisation granted in relation to the pipeline under jurisdictional gas legislation; or\n\t(b)\tif 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.\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;\ntransportation facility means—\n\t(a)\ta pipeline; or\n\t(b)\ta compression service facility; or\n\t(c)\tanother facility of a type specified by the Regulations for the purposes of this paragraph;\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;\ntransportation service means—\n\t(a)\ta pipeline service; or\n\t(b)\ta service provided by means of a compression service facility; or\n\t(c)\ta 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;\ntransportation service provider means a person who owns, controls or operates a transportation facility;\ntrial project means a project—\n\t(a)\tthat—\n\t(i)\tthe 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\t(ii)\tthe 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\t(b)\ttests an approach in relation to covered gas services;\ntrial Rule—see section 290;\ntrial waiver—see section 30W;\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—\n\t(a)\tis 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\t(b)\thas a right under an access determination to be provided with a pipeline service by means of a pipeline;\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;\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;\nwholesale gas market, for Chapter 2 Part 1 Division 1AA—see section 30AA;\nwholesale gas market participant, for Chapter 2 Part 1 Division 1AA—see section 30AA;\nwholesale market monitoring guidelines, for Chapter 2 Part 1 Division 1AA—see section 30AA;\nWholesale Market Procedures means Procedures directed at regulating the declared wholesale gas market of an adoptive jurisdiction.\n\t(2)\tA reference in this Law to an end user includes a reference to a prospective end user.\n\t(3)\tA reference in this Law to the east coast gas system includes a reference to part of the east coast gas system.\n\t(4)\tThe 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.\n2A—Additives and impurities\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:\n\t(a)\tan additive required for safety;\n\t(b)\tan impurity.\n3—Meaning of civil penalty provision\nA civil penalty provision is—\n\t(a)\ta provision of this Law specified in an item in the Table at the foot of this section; or\n\t(b)\ta 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\t(c)\ta declared system provision that is prescribed by or under the application Act of the adoptive jurisdiction to be a civil penalty provision.\n\nTable\nItem\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\n2F\nSection 91LB(1)\n2G\nSection 91MB(6)\nSection 143(6)\n3A—Civil penalty amounts for breaches of civil penalty provisions\n\t(1)\tSubject to this section, the civil penalty for a breach of a civil penalty provision is—\n\t(a)\tin the case of a breach of a civil penalty provision, other than a provision prescribed under paragraph (b) or (c)—\n\t(i)\tif the breach is by a natural person—\n\t(A)\tan amount not exceeding $33 900; plus\n\t(B)\tan amount not exceeding $3 390 for every day during which the breach continues;\n\t(ii)\tif the breach is by a body corporate—\n\t(A)\tan amount not exceeding $170 000; plus\n\t(B)\tan amount not exceeding $17 000 for every day during which the breach continues; or\n\t(b)\tin the case of a breach of a civil penalty provision prescribed by the Regulations for the purposes of this paragraph—\n\t(i)\tif the breach is by a natural person—\n\t(A)\tan amount not exceeding $287 000; plus\n\t(B)\tan amount not exceeding $14 400 for every day during which the breach continues;\n\t(ii)\tif the breach is by a body corporate—\n\t(A)\tan amount not exceeding $1 435 000; plus\n\t(B)\tan amount not exceeding $71 800 for every day during which the breach continues; or\n\t(c)\tin the case of a breach of a civil penalty provision prescribed by the Regulations for the purposes of this paragraph—\n\t(i)\tif the breach is by a natural person—an amount not exceeding $500 000;\n\t(ii)\tif the breach is by a body corporate—an amount not exceeding the greater of the following:\n\t(A)\t$10 000 000;\n\t(B)\tif 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\t(C)\tif 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.\n\t(2)\tSubsection (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.\n4—Meaning of conduct provision\nA conduct provision is—\n\t(a)\ta provision of this Law specified in an item in the Table at the foot of this section; or\n\t(b)\ta 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\t(c)\ta declared system provision that is prescribed by or under the application Act of the adoptive jurisdiction to be a conduct provision.\n\nTable\nItem\nA1\nA2\nA3\n5—Meaning of prospective user\n\t(1)\tA prospective user is a person who seeks or wishes to be provided with a pipeline service by means of a pipeline.\n\t(2)\tTo 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—\n\t(a)\ta contract; or\n\t(b)\tan access determination.\n6—Meaning of regulatory obligation or requirement\n\t(1)\tA regulatory obligation or requirement is—\n\t(a)\tin relation to the provision of a pipeline service by a service provider—\n\t(i)\ta pipeline safety duty; or\n\t(ii)\ta pipeline reliability standard; or\n\t(iii)\ta pipeline service standard; or\n\t(b)\tan obligation or requirement under—\n\t(i)\tthis Law or the Rules; or\n\t(ia)\tthe National Energy Retail Law or the National Energy Retail Rules; or\n\t(ii)\tan 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\t(iii)\tan 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\t(iv)\tan 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\t(v)\tan 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\t(2)\tA regulatory obligation or requirement does not include an obligation or requirement to pay a fine, penalty or compensation—\n\t(a)\tfor a breach of—\n\t(i)\ta pipeline safety duty; or\n\t(ii)\ta pipeline reliability standard; or\n\t(iii)\ta pipeline service standard; or\n\t(b)\tunder 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).\nNotes—\n","sortOrder":26},{"sectionNumber":"1","sectionType":"section","heading":"See also section 24(2)(b).","content":"1\tSee also section 24(2)(b).\n","sortOrder":27},{"sectionNumber":"2","sectionType":"section","heading":"The RoLR cost recovery scheme is dealt with under Part 6 of the National Energy Retail Law.","content":"2\tThe RoLR cost recovery scheme is dealt with under Part 6 of the National Energy Retail Law.\n7—Meaning of regulatory payment\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—\n\t(a)\ta pipeline reliability standard; or\n\t(b)\ta 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).\n8—Meaning of service provider\n\t(1)\tA service provider is a person who—\n\t(a)\towns, controls or operates; or\n\t(b)\tintends 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.\n\t(2)\tIf 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.\n8AA—Meaning of transportation service provider\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.\n8AB—Meaning of small shipper\n\t(1)\tA small shipper is a user or prospective user—\n\t(a)\twho 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\t(b)\tfor 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—\n\t(i)\tthe daily pipeline capacity right prescribed for this definition by the Regulations; or\n\t(ii)\tif no daily pipeline capacity right is prescribed by the Regulations, the lesser of the following amounts:\n\t(A)\t5 terajoules per day;\n\t(B)\t20% of the pipeline's nameplate rating.\n\t(2)\tHowever, 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.\nnameplate rating, in relation to a pipeline, means the maximum daily capacity of the pipeline under normal operating conditions.\n8A—Nominated distributors\n\t(1)\tA local regulation may—\n\t(a)\tnominate 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\t(b)\tapply to the nominated distributor specified provisions of the Rules that relate to the following matters:\n\t(i)\tthe connection of premises of retail customers;\n\t(ii)\tretail support obligations between distributors and retailers;\n\t(iii)\tcredit support arrangements between distributors and retailers.\n\t(2)\tThe 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\t(3)\tThe nominated distributor—\n\t(a)\tmust comply with the Rules to the extent that the Rules are applied by the local regulation to the nominated distributor; and\n\t(b)\tmay, to the extent that the Rules apply to the nominated distributor, be proceeded against under this Law for any breach of those Rules.\n\t(4)\tA nomination of an entity by a local regulation may be made for—\n\t(a)\tthe whole or a specified part of the geographical area of a jurisdiction; or\n\t(b)\tthe whole or a specified part of the distribution pipeline that is operated by the entity,\nor for both.\n\t(5)\tThe 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.\n9—Passive owners of pipelines deemed to provide or intend to provide pipeline services\n\t(1)\tThis 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\t(2)\tThe 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.\n10—Things done by 1 service provider to be treated as being done by all of service provider group\n\t(a)\tmore 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\t(b)\tunder 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\t(2)\tA 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\t(3)\tUnless 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\t(4)\tThis 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.\ncontrolling facility activity means—\n\t(a)\tin relation to a pipeline—own, control or operate, or intend to own, control or operate, the pipeline (or part of the pipeline); or\n\t(b)\tin relation to any other natural gas industry facility—own, control or operate the covered gas industry facility (or part of the facility).\n11—Local agents of foreign service providers\n\t(a)\ta service provider is a foreign company; and\n\t(b)\tthe service provider has, under the Corporations Act 2001 of the Commonwealth, appointed a local agent within the meaning of that Act.\n\t(2)\tThe local agent—\n\t(a)\tis answerable for the doing of all acts, matters and things the service provider is required by or under this Law to do; and\n\t(b)\tis 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.\n12—Commissioning of a pipeline\nA pipeline is commissioned when the pipeline is first used for the haulage of covered gas, on a commercial basis.\n13—Pipeline classification criterion\n\t(1)\tThe pipeline classification criterion is whether the primary function of the pipeline is to—\n\t(a)\treticulate gas within a market (which is the primary function of a distribution pipeline); or\n\t(b)\tconvey gas to a market (which is the primary function of a transmission pipeline).\n\t(2)\tWithout 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—\n\t(a)\tthe characteristics and classification of, as the case requires, an old scheme transmission pipeline or an old scheme distribution pipeline;\n\t(b)\tthe characteristics of, as the case requires, a transmission pipeline or a distribution pipeline classified under this Law;\n\t(c)\tthe characteristics and classification of pipelines specified in the Rules (if any);\n\t(d)\tthe diameter of the pipeline;\n\t(e)\tthe pressure at which the pipeline is or will be designed to operate;\n\t(f)\tthe number of points at which gas can or will be injected into the pipeline;\n\t(g)\tthe extent of the area served or to be served by the pipeline;\n\t(h)\tthe pipeline's linear or dendritic configuration;\n\t(i)\tthe type of pipeline licence or authorisation that has been obtained in respect of the pipeline under jurisdictional gas legislation.\n14—Local regulations may exempt pipeline\n\t(1)\tA local regulation may declare a pipeline, or a proposed pipeline, to be a remote pipeline if the pipeline—\n\t(a)\tis, 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\t(b)\tis, or will be, wholly within the jurisdiction for which the regulation is made; and\n\t(c)\tis 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\t(2)\tA remote pipeline, and the service provider for the pipeline (but only in respect of the remote pipeline) is exempt from the following:\n\t(a)\tsection 91DB;\n\t(b)\tChapter 3;\n\t(c)\tChapter 4;\n\t(d)\tChapter 5;\n\t(e)\tsection 223;\n\t(f)\tChapter 7A.\n\t(3)\tBefore 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\t(4)\tA pipeline or a proposed pipeline ceases, with immediate effect, to be a remote pipeline if—\n\t(a)\t1 or more of the requirements in subsection (1) ceases to apply to the pipeline; or\n\t(b)\tthe local regulation declaring the pipeline to be a remote pipeline is repealed.\n16—Form of regulation factors\nThe form of regulation factors are—\n\t(a)\tthe presence and extent of any barriers to entry in a market for pipeline services;\n\t(b)\tthe 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\t(c)\tthe 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\t(d)\tthe 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\t(e)\tthe 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\t(f)\tthe presence and extent of any substitute for, and the elasticity of demand in a market for, electricity or gas (as the case may be).\n17—Effect of separate and consolidated access arrangements in certain cases\n\t(1)\tThis section applies despite anything to the contrary in this Law.\n\t(2)\tIf, 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—\n\t(a)\tby which pipeline services are provided; and\n\t(b)\tto which each separate applicable access arrangement applies,\nmust to be taken to be a separate scheme pipeline for the purposes of this Law.\n\t(3)\tIf 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.\n18—Certain extensions to, or expansion of the capacity of, pipelines to be taken to be part of a scheme pipeline\n\t(1)\tSubsection (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\t(2)\tFor the purposes of this Law—\n\t(a)\tthe extension to the scheme pipeline must be taken to be part of the scheme pipeline; and\n\t(b)\tthe pipeline as extended must be taken to be a scheme pipeline.\n\t(3)\tAlso, for the purposes of this Law—\n\t(a)\tan expansion of the capacity of a scheme pipeline must be taken to be part of the scheme pipeline; and\n\t(b)\tthe pipeline as expanded must be taken to be a scheme pipeline.\n19—Expansions of the capacity of non‑scheme pipelines to be taken to be part of non‑scheme pipeline\nFor the purposes of this Law—\n\t(a)\tan expansion of the capacity of a non‑scheme pipeline must be taken to be part of the non‑scheme pipeline; and\n\t(b)\tthe pipeline as expanded must be taken to be a non‑scheme pipeline.\n19A—Related bodies corporate\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.\n20—Interpretation generally\n","sortOrder":28},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"to this Law applies to this Law, the Regulations and the Rules and any other statutory instrument made under this Law.","content":"Schedule 2 to this Law applies to this Law, the Regulations and the Rules and any other statutory instrument made under this Law.\nPart 2—Participating jurisdictions\n21—Participating jurisdictions\n\t(1)\tThe following jurisdictions are participating jurisdictions for the purposes of this Law—\n\t(a)\tthe State of South Australia; and\n\t(b)\tthe 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\t(2)\tIf 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.\n22—Ministers of participating jurisdictions\nThe Ministers of the participating jurisdictions are—\n\t(a)\tthe South Australian Minister; and\n\t(b)\tthe 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).\nPart 3—National gas objective and principles\n","sortOrder":29},{"sectionNumber":"Div 1","sectionType":"division","heading":"National gas objective","content":"Division 1—National gas objective\n23—National gas objective\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—\n\t(a)\tprice, quality, safety, reliability and security of supply of covered gas; and\n\t(b)\tthe achievement of targets set by a participating jurisdiction—\n\t(i)\tfor reducing Australia's greenhouse gas emissions; or\n\t(ii)\tthat are likely to contribute to reducing Australia's greenhouse gas emissions.\nThe AEMC must publish targets in a targets statement: see section 72A.\n23A—Regulations may prescribe matters for national gas objective\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.\nDivision 2—Revenue and pricing principles relating to scheme pipelines\n24—Revenue and pricing principles relating to scheme pipelines\n\t(1)\tThe 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\t(2)\tA scheme pipeline service provider should be provided with a reasonable opportunity to recover at least the efficient costs the service provider incurs in—\n\t(a)\tproviding reference services; and\n\t(b)\tcomplying with a regulatory obligation or requirement or making a regulatory payment.\n\t(3)\tA 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—\n\t(a)\tefficient investment in, or in connection with, a pipeline with which the service provider provides reference services; and\n\t(b)\tthe efficient provision of pipeline services; and\n\t(c)\tthe efficient use of the pipeline.\n\t(4)\tRegard should be had to the capital base with respect to a pipeline adopted—\n\t(a)\tin any previous—\n\t(i)\taccess arrangement decision; or\n\t(ii)\tdecision of a relevant Regulator under section 2 of the Gas Code;\n\t(b)\tin the Rules.\n\t(5)\tA 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\t(6)\tRegard 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\t(7)\tRegard 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.\nDivision 2A—Innovative trial principles\n24A—Innovative trial principles\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:\n\t(a)\twhether the trial project is focused on developing new or materially improved covered gas services;\n\t(b)\twhether the trial project is likely to contribute to the achievement of the national gas objective;\n\t(c)\twhether 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\t(d)\twhether 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\t(e)\twhether the trial project is unable to proceed under the existing regulatory framework;\n\t(f)\twhether 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\t(g)\twhether 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\t(h)\twhether the trial project may impact on competition in a competitive sector of a market for covered gas;\n\t(ha)\twhether the licences, authorisations and consents required for the trial project under jurisdictional gas legislation have been obtained or will be obtained;\n\t(i)\tany other principle prescribed by the Regulations.\nDivision 3—MCE policy principles\n25—MCE statements of policy principles\n\t(1)\tSubject 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—\n\t(a)\tmaking a Rule; or\n\t(b)\tconducting a review under section 83.\n\t(2)\tBefore issuing a statement of policy principles, the MCE must be satisfied that the statement is consistent with the national gas objective.\n\t(3)\tAs soon as practicable after issuing a statement of policy principles, the MCE must give a copy of the statement to the AEMC.\n\t(4)\tThe 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.\nPart 4—Operation and effect of National Gas Rules\n26—National Gas Rules to have force of law\nThe National Gas Rules have the force of law in this jurisdiction.\nPart 5—Corporations Act displacement\n26A—Corporations Act displacement\n\t(1)\tThe 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.\nrelevant provision means a provision of the Rules that relates to any of the following:\n\t(a)\tthe functions of the AEMO under procedures relating to defaults by retailers;\n\t(b)\tthe 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.\nChapter 2—Functions and powers of gas market regulatory entities\nPart 1—Functions and powers of the Australian Energy Regulator\n27—Functions and powers of the AER\n\t(1)\tThe AER has the following functions and powers:\n\t(a)\tto 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\t(b)\tto investigate breaches or possible breaches of provisions of this Law, the Regulations or the Rules, including offences against this Law; and\n\t(ba)\twithout 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—\n\t(i)\tthis Law, the Regulations and the Rules; and\n\t(ii)\tin particular—\n\t(A)\tin 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\t(B)\tin 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\t(c)\tto 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\t(d)\tto institute and conduct appeals from decisions in proceedings referred to in paragraph (c); and\n\t(daa)\tto make—\n\t(i)\tscheme pipeline determinations; and\n\t(ii)\tscheme pipeline revocation determinations; and\n\t(iii)\tgreenfields incentive determinations; and\n\t(iv)\tgreenfields price protection determinations; and\n\t(dab)\tto monitor service providers' behaviour in relation to particular matters, including, for example, the prices charged by service providers for pipeline services; and\n\t(da)\tto make a rate of return instrument; and\n\t(e)\tAER economic regulatory functions or powers; and\n\t(ea)\tto make and amend the Operational Transportation Service Code in accordance with this Law and the Rules; and\n\t(eb)\tthe AER trial waiver functions; and\n\t(f)\tto prepare and publish reports on the financial and operational performance of service providers in providing pipeline services by means of scheme pipelines; and\n\t(fa)\tin relation to goods or services in the covered gas industry—\n\t(i)\tto prepare and publish, in accordance with the Rules, aggregated and anonymised information or data about prices for those goods or services; and\n\t(ii)\tother 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\t(iii)\tfor 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\t(g)\tto approve compliance programs of service providers relating to compliance by service providers with this Law or the Rules; and\n\t(ga)\tAER wholesale market monitoring functions and AER wholesale market reporting functions; and\n\t(h)\tany other functions and powers conferred on it under this Law or the Rules.\n\t(1a)\tThe AER has the following functions and powers in relation to the Procedures:\n\t(a)\tto investigate breaches or possible breaches of the Procedures referred to the AER by AEMO; and\n\t(b)\tto institute and conduct proceedings in relation to breaches of the Procedures referred to the AER by AEMO; and\n\t(c)\tto institute and conduct appeals from decisions in proceedings referred to in paragraph (b); and\n\t(d)\tto approve, in consultation with AEMO, compliance programs relating to compliance by Registered participants with the Procedures.\n\t(2)\tThe AER has the power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n28—Manner in which AER must perform or exercise AER economic regulatory functions or powers\n\t(1)\tThe AER must, in performing or exercising an AER economic regulatory function or power—\n\t(a)\tperform 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\t(b)\tif the AER is making a designated regulatory decision—\n\t(i)\tensure that—\n\t(A)\tthe scheme pipeline service provider that provides the pipeline services to which the applicable access arrangement decision will apply; and\n\t(B)\tusers or prospective users of the pipeline services that the AER considers have an interest in the matter; and\n\t(C)\tany 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—\n\t(D)\tinformed of the material issues under consideration by the AER; and\n\t(E)\tgiven a reasonable opportunity to make submissions in respect of the decision before it is made; and\n\t(ii)\tspecify—\n\t(A)\tthe manner in which the constituent components of the decision relate to each other; and\n\t(B)\tthe manner in which that interrelationship has been taken into account in the making of the decision.\n\t(2)\tIn addition, the AER—\n\t(a)\tmust take into account the revenue and pricing principles—\n\t(i)\twhen exercising a discretion in approving or making those parts of an access arrangement relating to a reference tariff; or\n\t(ii)\twhen making an access determination relating to a rate or charge for a pipeline service; and\n\t(b)\tmay 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\t(3)\tFor 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\".\nuser or consumer association means an association or body (whether incorporated or unincorporated)—\n\t(a)\tthe members of which include more than 1 user, prospective user or end user; and\n\t(b)\tthat 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)—\n\t(a)\tthat 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\t(b)\tthe members of which need not include a user, prospective user or end user.\n29—Delegations\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.\n30—Confidentiality\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.\nDivision 1AA—Wholesale gas markets—AER monitoring and reporting functions\n30AA—Definitions\nbilateral trading agreement means an agreement, entered into outside a wholesale gas market, to supply covered gas—\n\t(a)\tto a wholesale gas market participant; or\n\t(b)\tto an end user—\n\t(i)\tother than by a retailer; or\n\t(ii)\tby 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:\n\t(a)\tvolatility in the price for 1 or more covered gases in a wholesale gas market;\n\t(b)\tvolatility in supply and demand in a wholesale gas market;\n\t(c)\tvolatility 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:\n\t(a)\tthe supply of covered gas;\n\t(b)\tthe purchase of covered gas;\n\t(c)\tthe transportation of covered gas;\n\t(d)\tthe storage of covered gas;\n\t(e)\tthe refining or processing, including compression and blending, of covered gas;\n\t(f)\trelating to emissions produced or avoided in the extraction, refining or processing, supply or use of covered gas;\n\t(g)\ta function or process prescribed by the Regulations or the Rules;\nrelevant agreement means the following:\n\t(a)\ta bilateral trading agreement;\n\t(b)\ta financial risk management product;\n\t(c)\ta gas contract;\nwholesale gas market means—\n\t(a)\ta wholesale market for covered gas, regulated under this Law and the Rules, including the following:\n\t(i)\ta declared wholesale gas market;\n\t(ii)\ta short term trading market;\n\t(iii)\ta gas trading exchange; or\n\t(b)\ta wholesale market for the transportation or storage of covered gas including a capacity auction; or\n\t(c)\ta wholesale market prescribed by the Regulations;\nwholesale gas market participant means a person who is 1 or more of the following:\n\t(a)\ta person who is registered on the Gas Bulletin Board;\n\t(b)\ta person who supplies covered gas to or withdraws covered gas from a gas trading exchange administered by AEMO;\n\t(c)\ta Registered participant;\n\t(d)\ta member of a class of persons prescribed by the Regulations or the Rules;\nwholesale market monitoring guidelines means the guidelines prepared under section 30AT.\n30AB—Meaning of effective competition\nFor the purposes of this Division, the AER must, in assessing whether there is effective competition within a wholesale gas market, have regard to—\n\t(a)\twhether—\n\t(i)\tthere are active competitors in the market and whether those competitors hold a reasonably sustainable position in the market; or\n\t(ii)\tthere is merely the threat of competition in the market; and\n\t(b)\twhether 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\t(c)\twhether 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\t(d)\twhether there is independent rivalry in all dimensions of the price, product or service offered in the market; and\n\t(e)\tother matters the AER considers relevant.\n30AC—AER wholesale market monitoring and reporting functions\n\t(1)\tThe AER wholesale market monitoring functions are as follows:\n\t(a)\tto, in accordance with this Law and the Rules, regularly and systematically monitor and review—\n\t(i)\tthe performance of wholesale gas markets; and\n\t(ii)\tthe operation and effect on wholesale gas markets of financial risk management products; and\n\t(iii)\twhether the availability of financial risk management products has an effect on competition within, and the efficient functioning of, wholesale gas markets; and\n\t(iv)\tbilateral trading agreements, including their effect on wholesale gas markets;\n\t(b)\tin connection with paragraph (a)—to identify and analyse whether, for a particular wholesale gas market—\n\t(i)\tthere is effective competition within the market; and\n\t(ii)\tthere are features of the market that may be detrimental to effective competition within the market; and\n\t(iii)\tthere 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\t(iv)\tthere are features of the market that may be impacting detrimentally on the achievement of the national gas objective; and\n\t(v)\tbilateral trading agreements have an impact on the efficient functioning of the market;\n\t(c)\tother monitoring or analysing functions, conferred on the AER by the Rules, relating to the following matters within a wholesale gas market:\n\t(i)\toffers;\n\t(ii)\tprices, including forecast and actual prices and bidding.\n\t(2)\tThe AER wholesale market reporting functions are as follows:\n\t(a)\tto prepare, at least once every 2 years, a report on the performance of the AER wholesale market monitoring functions (a monitoring report);\n\t(b)\tto 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—\n\t(i)\twhether 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—\n\t(A)\tbe detrimental to effective competition within the market; or\n\t(B)\tdetrimentally impact on the efficient functioning of the market; and\n\t(ii)\tlimitations on the AER's ability to communicate with relevant persons about the performance of the AER wholesale market monitoring functions;\n\t(c)\tother reporting requirements, conferred on the AER by the Rules, relating to the AER wholesale market monitoring functions.\n\t(3)\tA monitoring report must, for a wholesale gas market monitored during the period to which the report relates—\n\t(a)\tbe for a monitoring period of at least 5 years; and\n\t(b)\tcontain a discussion and analysis of—\n\t(i)\tthe results of the performance of the AER wholesale market monitoring functions for the relevant period; and\n\t(ii)\tfeatures 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\t(iii)\tthe effect of bilateral trading agreements on the efficient functioning of the market; and\n\t(iv)\tstructural features of the covered gas industry that generate concerns that there may not be effective competition within the market; and\n\t(v)\tinefficiencies 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\t(vi)\tthe monitoring methodology applied and the results of indicators, tests and calculations performed; and\n\t(vii)\tother matters of a long term nature relevant to effective competition within the market, including, for example—\n\t(A)\tobservations relating to planned increases in pipeline capacity; and\n\t(B)\ttrends in demand for covered gases; and\n\t(C)\ttrends in the uptake of alternative sources of energy.\n\t(4)\tThe AER must publish a monitoring report on its website.\n\t(5)\tBefore publishing a monitoring report the AER must consult with relevant stakeholders.\n\t(6)\tDespite 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.\n30AD—Information to be treated as confidential\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.\n30AE—Redaction of information\n\t(1)\tWhen 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\t(2)\tThe 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.\nSubdivision 2—Use of general information gathering powers\n30AF—Limits on use of section 42 information gathering powers\n\t(1)\tIn 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\t(2)\tThe 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.\n30AG—Matters to be considered before using section 42 information gathering powers\nBefore using the powers under section 42 for a function under this Division, the AER must—\n\t(a)\tbe satisfied the information is reasonably required for the AER to carry out the function; and\n\t(b)\tconsider whether the information—\n\t(i)\tis publicly available; or\n\t(ii)\tcan be obtained by the AER in another way.\nSubdivision 3—Market monitoring information notices and market monitoring information orders\n30AH—Definitions\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:\n\t(a)\tgive the AER the information or a relevant agreement specified in the notice;\n\t(b)\tprepare, 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:\n\t(a)\tgive the AER the information or a relevant agreement specified in the order;\n\t(b)\tprepare, maintain and keep information specified in the order in a manner and form specified in the order.\n30AI—Urgent notices and urgent orders\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.\n30AJ—Content of notices and orders\n\t(1)\tA market monitoring information notice or a market monitoring information order must specify the following:\n\t(a)\tthe information that must be prepared, maintained and kept;\n\t(b)\tthe information or agreement that must be given to the AER;\n\t(c)\tif 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\t(d)\tif the notice or order requires information or an agreement to be given to the AER—\n\t(i)\tthe reasons the AER requires the information or agreement; and\n\t(ii)\tthe date by which the information or agreement must be given to the AER;\n\t(e)\tthe period in which the notice or order operates.\n\t(2)\tA market monitoring information notice or a market monitoring information order may specify the following:\n\t(a)\tthe form in which information or an agreement is to be given to the AER;\n\t(b)\tthe way the information or agreement is to be given to the AER.\n30AK—Notices and orders may be made for both past and future information\n\t(1)\tA market monitoring information notice or a market monitoring information order may apply to 1 or more of the following:\n\t(a)\ta period before the notice was served or the order was made;\n\t(b)\ta period after the notice was served or the order was made.\n\t(2)\tA 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.\n30AL—Making and serving notices and orders\n\t(1)\tThe AER may, if it considers it reasonably necessary for the performance of its functions under this Division—\n\t(a)\tserve a market monitoring information notice on a person named in the notice; and\n\t(b)\tmake a market monitoring information order.\n\t(2)\tThe AER must, when considering if it is reasonably necessary to serve a market monitoring information notice or make a market monitoring information order—\n\t(a)\tbe satisfied the AER requires the information or agreement to carry out a wholesale market monitoring function; and\n\t(b)\tconsider the costs that are likely to be incurred by a person responding to the notice or order; and\n\t(c)\tconsider whether the information—\n\t(i)\tis publicly available; or\n\t(ii)\tcan be obtained by the AER in another way.\n\t(3)\tA market monitoring information notice or a market monitoring information order must not be used for the purpose of—\n\t(a)\tinvestigating a breach or possible breach of this Law, the Regulations or the Rules; or\n\t(b)\tcommencing or conducting proceedings for a breach or possible breach of this Law, the Regulations or the Rules; or\n\t(c)\tcommencing 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\t(d)\tresponding to an application for review of a decision of the AER under Chapter 8 Part 5.\n\t(4)\tA market monitoring information order must be made in accordance with the Rules.\n\t(5)\tThe 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:\n\t(a)\t1 or more classes of relevant agreement;\n\t(b)\tinformation about 1 or more classes of relevant agreement.\n30AM—AER must consult before making order\n\t(1)\tBefore making a market monitoring information order, the AER must consult the public.\n\t(2)\tConsultation must be undertaken in accordance with the Rules.\n30AN—Publication of orders\nThe AER must publish a market monitoring information order on the AER's website as soon as practicable after the order is made.\n30AO—Opportunity to be heard before notice served\n\t(1)\tBefore 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\t(2)\tA draft notice must state—\n\t(a)\twhether the notice is to be issued as a standard notice or an urgent notice; and\n\t(b)\tfor an urgent notice—the reasons the AER believes access to the relevant information is time critical.\n\t(3)\tA submission must be made—\n\t(a)\tfor a standard notice—within the longer of the following:\n\t(i)\t20 business days after the draft notice is given to the person;\n\t(ii)\tthe period stated in the notice; or\n\t(b)\tfor 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\t(4)\tA 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.\n30AP—Compliance with notice\n\t(1)\tA 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.\n\t(2)\tIf 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.\n30AQ—Compliance with order\n\t(1)\tA 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.\n\t(2)\tThe AER may, by written notice, exempt a person from compliance with an order—\n\t(a)\tin whole or part; and\n\t(b)\tconditionally or unconditionally.\n30AR—Certification of compliance by statutory declaration\n\t(1)\tThe 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\t(2)\tA 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\t(3)\tA direction must be given in the relevant market monitoring information notice or market monitoring information order.\n\t(4)\tA 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.\n30AS—Subdivision does not limit powers under Division 3\nThis Subdivision does not limit the operation of Division 3.\nSubdivision 4—Miscellaneous\n30AT—Wholesale market monitoring guidelines\n\t(1)\tThe AER must prepare guidelines about the following:\n\t(a)\tthe scope of the AER wholesale market monitoring functions;\n\t(b)\tthe collection of information for the purposes of this Division;\n\t(c)\tthe publication and reporting of information under this Division.\n\t(2)\tWithout limiting what may be included in wholesale market monitoring guidelines, the guidelines must include the following:\n\t(a)\tinformation about the things the AER proposes to consider in assessing—\n\t(i)\teffective competition in wholesale gas markets; and\n\t(ii)\tthe effective functioning of wholesale gas markets;\n\t(b)\ta summary of the compliance obligations of persons who hold information;\n\t(c)\tthe 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\t(d)\tthe type of information the AER expects to routinely request and how frequently it will request that information;\n\t(e)\tthe type of information the AER does not expect to request;\n\t(f)\tclasses of relevant agreements the AER does not expect to request;\n\t(g)\tthe formats in which the AER expects information to be submitted;\n\t(h)\ta general outline of the way the AER will ensure that commercially sensitive information obtained for wholesale market monitoring functions is kept securely;\n\t(i)\tother matters prescribed by the Regulations or the Rules.\n\t(3)\tBefore making wholesale market monitoring guidelines the AER must consult in accordance with the Rules.\n\t(4)\tWholesale market monitoring guidelines must be—\n\t(a)\tmade in accordance with the Rules; and\n\t(b)\tpublished on the AER website within 6 months after commencement of this section.\n30AU—Review of wholesale market monitoring powers\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.\nDivision 1A—Rate of return instrument\n30A—Definitions\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—\n\t(a)\tthe reasons for the rate of return on capital or the value of imputation credits under the instrument; and\n\t(b)\thow the stated value, or the way to calculate the rate or value, was decided; and\n\t(c)\tif the instrument replaces another instrument—\n\t(i)\tthe differences (if any) between the instrument and the replaced instrument; and\n\t(ii)\tthe reasons for any differences; and\n\t(d)\twhy 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\t(e)\thow the AER had regard to the following in making the instrument:\n\t(i)\tthe revenue and pricing principles;\n\t(ii)\tthe matters mentioned in section 30G;\n\t(iii)\testimation methods, financial models, market data and other evidence relevant to making the instrument;\n\t(iv)\tprevailing conditions in the market for equity funds;\n\t(v)\tthe interrelationships between financial parameters used, or to be used, in relation to deciding the rate or value.\n30B—Rate of return instrument has force of law\n\t(1)\tA rate of return instrument has the force of law in this jurisdiction.\n\t(2)\tAn Act of this jurisdiction regulating the making of subordinate legislation does not apply to a rate of return instrument.\n30C—Rate of return instrument is binding on AER and scheme pipeline service providers\nA rate of return instrument is binding on—\n\t(a)\tthe AER in relation to the performance or exercise of an AER economic regulatory function or power; and\n\t(b)\teach scheme pipeline service provider in relation to a matter relevant to the performance or exercise of an AER economic regulatory function or power.\nSubdivision 2—Requirement to make rate of return instrument\n30D—AER to make rate of return instrument\n\t(1)\tThis 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\t(2)\tThe AER must make an instrument (a rate of return instrument) stating—\n\t(a)\tfor a rate of return on capital—the way to calculate the rate; and\n\t(b)\tfor the value of imputation credits—the value or the way to calculate the value.\n\t(3)\tThe 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\t(4)\tSubject 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\t(5)\tIn making an instrument, the AER must have regard to—\n\t(a)\tthe revenue and pricing principles; and\n\t(b)\tother information the AER considers appropriate.\n30E—Content of rate of return instrument\n\t(1)\tIf 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\t(2)\tIf 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—\n\t(a)\tprovide for the same methodology to apply in relation to all pipeline service providers in calculating the rate or value; and\n\t(b)\tprovide for the methodology to apply automatically without the exercise of any discretion by the AER.\nExample for paragraph (b)—\nThe instrument can not include different methodologies or a band of values from which the AER could choose in applying the instrument.\n\t(3)\tSubject 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.\nSubdivision 3—Consultation requirements\n30F—Process for making rate of return instrument\nSubject to this Division, the AER may make a rate of return instrument in the way it considers appropriate.\n30G—Other matters AER must have regard to in making instrument\nIn making a rate of return instrument, the AER must also have regard to the following—\n\t(a)\tadvice, recommendations or submissions given by a consumer reference group;\n\t(b)\tsubmissions made, and the report published, under section 30H;\n\t(c)\tsubmissions made under section 30J;\n\t(d)\tthe report given by the independent panel under section 30K.\n30H—Requirements before publishing draft instrument\n\t(1)\tBefore publishing a draft rate of return instrument under this Subdivision, the AER must—\n\t(a)\testablish a reference group to help the AER implement an effective consumer consultation process for making the proposed instrument (a consumer reference group); and\n\t(b)\tpublish a notice on its website—\n\t(i)\tinviting persons to make a written submission to the AER about the proposed instrument; and\n\t(ii)\tstating the period, not less than 28 days, within which a submission must be made; and\n\t(c)\tseek concurrent expert opinions or evidence about the proposed instrument.\n\t(2)\tA person may make a submission after the stated period only with the written approval of the AER.\n\t(3)\tSubject 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.\n\t(4)\tThe AER must call for nominations of eligible experts but may seek the expert opinions or evidence from any eligible expert.\n\t(5)\tIf practicable, the AER must seek the expert opinions or evidence from at least 3 eligible experts.\n\t(6)\tThe AER must publish on its website—\n\t(a)\tsubmissions made under this section; and\n\t(b)\ta report on the outcomes of seeking the expert opinions or evidence.\n\t(7)\tIn 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.\nExamples of relevant fields—\nFinance, economics, law, consumer affairs, institutional investment.\n30I—Consumer reference group\n\t(1)\tA consumer reference group for making a rate of return instrument—\n\t(a)\tis to consist of the members appointed by the AER; and\n\t(b)\tmay carry out its activities, including giving advice or recommendations to the AER about the instrument, in the way it considers appropriate.\n\t(2)\tWithout limiting subsection (1)(b), the consumer reference group may—\n\t(a)\tconsult with consumers of covered gas; and\n\t(b)\tfacilitate consumer engagement in the process for making the instrument; and\n\t(c)\tmake written submissions to the AER about the content of the instrument and the process for making it.\n\t(3)\tThe AER must publish on its website any written advice, recommendations or submissions given to it by the consumer reference group.\n30J—Publication of draft instrument and other information\n\t(1)\tThe AER must, at least 6 months before making a rate of return instrument, publish on its website—\n\t(a)\ta draft of the proposed instrument and the explanatory information for the instrument; and\n\t(b)\ta notice—\n\t(i)\tinviting persons to make a written submission to the AER about the proposed instrument; and\n\t(ii)\tstating the period, not less than 28 days, within which a submission must be made.\n\t(2)\tA person may make a submission after the stated period only with the written approval of the AER.\n\t(3)\tThe AER must publish submissions made under this section on its website.\n30K—Report about draft instrument by independent panel\n\t(1)\tThe 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\t(2)\tThe panel—\n\t(a)\tmay carry out its activities, including giving the report, in the way it considers appropriate; but\n\t(b)\tmust seek to give the report by consensus.\n\t(3)\tThe panel must—\n\t(a)\tconsist 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\nExamples of relevant fields—\nFinance, economics, law, consumer affairs, institutional investment.\n\t(b)\tgive the report to the AER before the AER makes the instrument.\n\t(4)\tThe 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\t(5)\tThe report must—\n\t(a)\tinclude 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\t(b)\tstate whether the report is given by consensus.\n\t(6)\tThe AER must publish the report on its website.\n30L—Publication of explanatory information\nThe AER must publish explanatory information for a rate of return instrument on its website when the instrument is published under section 30N.\n30M—Failure to comply does not affect validity\nFailure to comply with this Subdivision does not invalidate or otherwise affect a rate of return instrument.\nSubdivision 4—Publication, review and other matters\n30N—Publication of rate of return instrument\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.\n30O—Commencement and duration of instrument\nA rate of return instrument—\n\t(a)\tcommences on the day after it is published on the AER's website; and\n\t(b)\tremains in force until the end of the day it is replaced under section 30P.\n30P—Review and replacement of instrument\n\t(1)\tThe AER must—\n\t(a)\treview each rate of return instrument; and\n\t(b)\tmake a new rate of return instrument under this Division to replace the reviewed instrument.\n\t(2)\tThe AER must replace the reviewed instrument by publishing the new instrument on its website on the day that is—\n\t(a)\tthe fourth anniversary of the day the reviewed instrument was published; or\n\t(b)\tif the day mentioned in paragraph (a) is not a business day—the first business day after that day.\n30Q—Application of instrument\n\t(1)\tA rate of return instrument—\n\t(a)\tapplies for the purposes of an AER economic regulatory decision made after the commencement of the instrument; and\n\t(b)\tdoes not affect an AER economic regulatory decision made before the commencement of the instrument.\n\t(2)\tTo 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.\n30R—Rate of return instrument may apply for this Law and the National Electricity Law\n\t(1)\tThe AER may make 1 rate of return instrument for the purposes of this Law and the National Electricity Law.\n\t(2)\tIf the AER acts under subsection (1)—\n\t(a)\tthe 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\t(b)\tthe 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.\n\t(3)\tTo 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.\nSubdivision 5—Confidentiality of information\n30S—Confidentiality\n\t(1)\tIf a person wishes to give information to the AER for the purposes of this Division in confidence—\n\t(a)\tthe person must give the AER written notice that the person claims the information is confidential; and\n\t(b)\tgive reasons to support the claim, including—\n\t(i)\tinformation about the detriment that might be caused to the person if the information were disclosed by the AER; and\n\t(ii)\tinformation that—\n\t(A)\tis reasonably within the person's knowledge and capacity to give; and\n\t(B)\tmay be relevant to the AER's consideration under section 329 about whether the public benefit in disclosing the information outweighs the detriment.\n\t(2)\tIn giving reasons to support a claim under subsection (1) about information received from another person (a third party), a person may include information that—\n\t(a)\tis reasonably within the person's knowledge and capacity to give; and\n\t(b)\tis about the detriment that might be caused to the third party if the information were disclosed by the AER; and\n\t(c)\tmay be relevant to the AER's consideration under section 329 about whether the public benefit in disclosing the information outweighs the detriment.\n\t(3)\tIn acting under subsection (1), a person must specifically identify the information in relation to which the claim is made.\n\t(4)\tInformation 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.\n30T—Disclosure of information given in confidence\n\t(1)\tChapter 10 Part 2 Division 1 applies in relation to publishing information given to the AER in confidence under this Division.\ninformation includes advice, recommendations, submissions and reports.\n","sortOrder":30},{"sectionNumber":"Div 1B","sectionType":"division","heading":"AER trial waiver functions","content":"Division 1B—AER trial waiver functions\n30U—Definitions\nproponent—see section 30W(1).\n30V—Interpretative matters\n\t(1)\tThe functions of the AER under this Division are the AER trial waiver functions.\n\t(2)\tThis 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.\n30W—Trial waiver\n\t(1)\tSubject 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:\n\t(a)\tsection 91BJ;\n\t(b)\tsection 91BRD;\n\t(c)\tsection 91BRR;\n\t(d)\tsection 91LB;\n\t(e)\tthe Rules, or a provision of the Rules.\n\t(2)\tBefore 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\t(3)\tAn application for a trial waiver must be made in accordance with the Rules.\n\t(4)\tNothing in this section operates to prevent the granting of an exemption in accordance with a rule made under section 148A.\n30X—Conditions of trial waiver\n\t(1)\tA trial waiver must be in writing and—\n\t(a)\tmust be subject to any conditions required by the Rules; and\n\t(b)\tmay be subject to any conditions the AER considers appropriate.\n\t(2)\tThe AER may vary or revoke a condition of a trial waiver in accordance with the Rules.\n30Y—Consultation on trial waiver\nBefore granting a trial waiver, the AER must—\n\t(a)\tcomply with any requirements specified by the Rules; and\n\t(b)\tundertake consultation (including with the proponent) in accordance with the Rules.\n30Z—Publication etc of trial waiver\nAs soon as practicable after a trial waiver is made, a copy of the trial waiver must be published on the AER's website.\n30ZA—Duration of trial waiver\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.\n30ZB—Extension of trial waiver\n\t(1)\tThe 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\t(2)\tBefore granting an extension under subsection (1), the AER must have regard to the innovative trial principles and any matter required by the Rules.\n\t(3)\tAn extension under subsection (1) must be in writing and must be published on the AER's website.\n\t(4)\tAn extension under subsection (1) may only be granted once in respect of a trial waiver granted under this Division.\n30ZC—Compliance with trial waiver\n\t(1)\tA proponent granted a trial waiver must comply with any conditions to which the trial waiver is subject.\n\t(2)\tIf a proponent breaches subsection (1), the AER may—\n\t(a)\trevoke the trial waiver; or\n\t(b)\tvary or revoke a condition of, or impose further conditions on, the trial waiver.\n\t(3)\tNothing in this section limits section 30ZD.\n30ZD—Revocation of trial waiver\nThe AER may, in accordance with the Rules, revoke a trial waiver granted under this Division.\n30ZE—Other matters\n\t(1)\tThe AER must not grant a trial waiver if the AER reasonably considers—\n\t(a)\tthat the trial project for which the trial waiver is sought is materially similar to a trial project—\n\t(i)\tfor which a trial Rule has been made; or\n\t(ii)\tthat is the subject of a request under section 295(1) for the making of a trial Rule; or\n\t(b)\tthat the trial project is unlikely to be carried out.\n\t(2)\tThe AER cannot grant itself a trial waiver.\nDivision 2—Search warrants\n31—Definitions\nauthorised person means a person authorised under section 32;\nrelevant provision means a provision of this Law, the Regulations or the Rules.\n32—Authorised person\n\t(1)\tThe 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\t(2)\tAn authorised person must comply with any direction of the AER in exercising powers or functions as an authorised person.\n33—Identity cards\n\t(1)\tThe AER must issue an identity card to an authorised person.\n\t(2)\tThe identity card must contain the name, a recent photograph and the signature of the authorised person.\n\t(3)\tAn authorised person must carry the identity card at all times when exercising powers or performing functions as an authorised person.\n\t(4)\tAn authorised person must produce his or her identity card for inspection—\n\t(a)\tbefore exercising a power as an authorised person; or\n\t(b)\tat any time during the exercise of a power as an authorised person, if asked to do so.\n34—Return of identity cards\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.\n35—Search warrant\n\t(1)\tAn authorised person may apply to a magistrate for the issue of a search warrant in relation to a particular place if the person—\n\t(a)\tbelieves on reasonable grounds that—\n\t(i)\tthere is or has been or will be a breach of a relevant provision; and\n\t(ii)\tthere is or may be a thing or things of a particular kind connected with that breach on or in that place; or\n\t(b)\treasonably suspects that—\n\t(i)\tthere may have been a breach of a relevant provision; and\n\t(ii)\tthere is or may be a thing or things of a particular kind connected with that breach on or in that place.\n\t(2)\tIf 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—\n\t(a)\tto enter the place specified in the warrant, with such assistance and by the use of such force as is necessary and reasonable;\n\t(b)\tto search the place or any part of the place;\n\t(c)\tto 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\t(d)\tto inspect, examine or record an image of anything in the place;\n\t(e)\tto take extracts from, and make copies of, any documents in the place;\n\t(f)\tto take into the place such equipment and materials as the person requires for exercising the powers.\n\t(3)\tA search warrant issued under this section must state—\n\t(a)\tthe purpose for which the search is required and the nature of the suspected breach of the relevant provision; and\n\t(b)\tany conditions to which the warrant is subject; and\n\t(c)\twhether 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\t(d)\ta day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect.\n\t(4)\tExcept 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.\n36—Announcement of entry and details of warrant to be given to occupier or other person at premises\n\t(1)\tThis 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\t(2)\tThe authorised person executing the warrant must—\n\t(a)\tidentify himself or herself to that person; and\n\t(b)\tannounce that he or she is authorised by the warrant to enter the place; and\n\t(c)\tbefore using force to enter, give the person an opportunity to allow entry; and\n\t(d)\tgive the person a copy of the warrant.\n\t(3)\tThe 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).\n37—Immediate entry permitted in certain cases\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—\n\t(a)\tthe safety of any person; or\n\t(b)\tthat the effective execution of the search warrant is not frustrated.\n38—Copies of seized documents\n\t(1)\tIf 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\t(2)\tA 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.\n39—Retention and return of seized documents or things\n\t(1)\tIf 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\t(2)\tThe 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\t(3)\tIf 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—\n\t(a)\tproceedings 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\t(b)\ta magistrate makes an order under section 40 extending the period during which the document or thing may be retained.\n40—Extension of period of retention of documents or things seized\n\t(1)\tThe AER may apply to a magistrate—\n\t(a)\twithin 3 months after a document or other thing was seized in accordance with a warrant; or\n\t(b)\tif 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.\n\t(2)\tAn application must be made before proceedings for the purpose for which the document or thing was retained have been commenced.\n\t(3)\tA magistrate may order such an extension if he or she is satisfied that—\n\t(a)\tit is in the interests of justice; and\n\t(b)\tthe total period of retention does not exceed 12 months; and\n\t(c)\tretention of the document or other thing is necessary—\n\t(i)\tfor the purposes of an investigation into whether a breach of a relevant provision has occurred; or\n\t(ii)\tto enable evidence of a breach of a relevant provision to be obtained for the purposes of a proceeding under this Law.\n\t(4)\tIf 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\t(5)\tAt 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.\n41—Obstruction of persons authorised to enter\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.\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.\nDivision 3—General information gathering powers\n42—Power to obtain information and documents in relation to performance and exercise of functions and powers\n\t(1)\tIf 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\t(2)\tA relevant notice may require the person to do 1 or more of the following:\n\t(a)\tprovide 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\t(b)\tproduce 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\t(c)\tappear 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\t(3)\tA person on whom a relevant notice is served must comply with the relevant notice unless the person has a reasonable excuse.\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.\n\t(3a)\tA 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.\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.\n\t(4)\tA 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.\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.\n\t(5)\tIt 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\t(5a)\tIt 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\t(6)\tIt is a reasonable excuse for a natural person to—\n\t(a)\tfail 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\t(b)\tfail 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.\n\t(7)\tIt is not a reasonable excuse for a person to—\n\t(a)\tfail 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\t(b)\tfail 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.\n\t(8)\tThis section does not require a person to—\n\t(a)\tprovide information that is the subject of legal professional privilege; or\n\t(b)\tproduce a document the production of which would disclose information that is the subject of legal professional privilege.\n\t(9)\tThis section does not require a person to—\n\t(a)\tprovide 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\t(b)\tproduce 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\t(c)\tprovide 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\t(9a)\tThe 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\t(9b)\tA person must not, without reasonable excuse, refuse or fail to be sworn or to make an affirmation under subsection (9a).\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.\n\t(10)\tA person incurs, by complying with a relevant notice, no liability for breach of contract, breach of confidence or any other civil wrong.\n\t(11)\tSubject 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\t(12)\tTo 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\t(13)\tThe 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)—\n\t(a)\tafter the AER has commenced proceedings in relation to the matter, other than proceedings for an injunction (whether interim or final); or\n\t(b)\tif proceedings for a final injunction have been commenced by the AER—after the close of pleadings in those proceedings.\n\t(14)\tSubsection (13) does not prevent the AER from—\n\t(a)\tusing 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\t(b)\texercising a power under this section for a purpose other than for the purposes of proceedings referred to in that subsection.\n\t(15)\tAny 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\t(16)\tThe Regulations may make any other provision in relation to the form, content or service of a notice under this section.\n\t(17)\tAn annual report for the AER must include the following information relating to the relevant reporting period for that report:\n\t(aa)\tthe number of notices given under this section for the purposes of a function under Division 1AA;\n\t(a)\tthe 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\t(b)\tin 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\t(c)\tthe 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\t(18)\tA person must not—\n\t(a)\tthreaten, intimidate or coerce another person; or\n\t(b)\tcause or procure damage, loss or disadvantage to another person,\nbecause that other person—\n\t(c)\tproposes to provide information, give evidence or produce a document in response to a notice under this section; or\n\t(d)\tproposes to appear, or has appeared, in response to a notice under this section.\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.\n\t(19)\tIn 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.\nDivision 4—Regulatory information notices, general regulatory information orders and price information orders\n","sortOrder":31},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Interpretation","content":"Subdivision 1—Interpretation\n43—Definitions\ncontributing service has the meaning given by section 44;\nrelated provider means a person who supplies a contributing service to a service provider.\n44—Meaning of contributing service\n\t(1)\tA 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\t(2)\tIn 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—\n\t(a)\tthe nature and kind of the service;\n\t(b)\twhen the service was first supplied;\n\t(c)\tthe nature and extent of the contribution of the service relative to—\n\t(i)\tthe pipeline service; and\n\t(ii)\tall other services supplied by the service provider;\n\t(d)\twhether the service was previously supplied—\n\t(i)\tby the service provider; or\n\t(ii)\tdirectly or indirectly by an associate of the service provider;\n\t(e)\twhether the service, together with other services, contributes in a material way to the provision of pipeline services;\n\t(f)\tany other matter specified under the Rules.\n45—Meaning of general regulatory information order\n\t(1)\tA 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:\n\t(a)\tprovide to the AER the information specified in the order;\n\t(b)\tprepare, maintain or keep information specified in the notice in a manner and form specified in the order.\n\t(2)\tA general regulatory information order does not include an order that is made as a price information order.\n46—Meaning of regulatory information notice\n\t(1)\tA 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:\n\t(a)\tprovide to the AER the information specified in the notice;\n\t(b)\tprepare, maintain or keep information specified in the notice in a manner and form specified in the notice.\n\t(2)\tA regulatory information notice does not include an order that is made as a price information order.\n46A—Meaning of price information order\n\t(1)\tA 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—\n\t(a)\tthat relates to the AER gas price reporting functions; and\n\t(b)\tthat is specified in the order.\n\t(2)\tThe 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.\n47—Division does not limit operation of information gathering powers under Division 3\nThis Division does not limit the operation of Division 3.\nSubdivision 2—Serving and making of regulatory information instruments\n48—Service and making of regulatory information instruments\n\t(1)\tSubject 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—\n\t(a)\tserve a regulatory information notice on a service provider or a related provider; or\n\t(b)\tmake a general regulatory information order.\n\t(2)\tIn 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—\n\t(a)\tthe matter to be addressed by—\n\t(i)\tthe service of the regulatory information notice; or\n\t(ii)\tthe making of the general regulatory information order; and\n\t(b)\tthe 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.\n\t(2a)\tSubject 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\t(3)\tA 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—\n\t(a)\tinvestigating breaches or possible breaches of provisions of this Law, the Regulations or the Rules, including offences against this Law; or\n\t(b)\tinstituting and conducting proceedings in relation to breaches of provisions of this Law, the Regulations or the Rules, including offences against this Law; or\n\t(c)\tinstituting and conducting appeals from decisions in proceedings referred to in paragraph (b); or\n\t(e)\tany application for review of a decision of the AER under Chapter 8 Part 5.\n49—Additional matters to be considered for related provider regulatory information instruments\n\t(1)\tThis section applies if the AER is intending to—\n\t(a)\tserve a regulatory information notice on a related provider; or\n\t(b)\tmake a general regulatory information order that will apply to a class of related providers.\n\t(2)\tIn 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—\n\t(a)\twhether 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—\n\t(i)\tprovide the information to be specified in that instrument; or\n\t(ii)\tprepare, maintain or keep the information to be specified in the particular manner and form to be specified in that instrument; and\n\t(b)\tthe 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\t(c)\tthe nature of any ownership or control between—\n\t(i)\tthe service provider being supplied a contributing service by a related provider to which the intended regulatory information instrument will apply; and\n\t(ii)\tthat related provider; and\n\t(d)\tthe nature of any ownership or control as between different related providers supplying the contributing service to the service provider; and\n\t(e)\tany other matter the AER considers relevant.\n\t(3)\tFor 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—\n\t(a)\twhether there is effective competition in the market for the supply of the contributing service; and\n\t(b)\twhether 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.\n50—AER must consult before publishing an order\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.\n51—Publication requirements for orders\nAs soon as practicable after making a general regulatory information order or a price information order, the AER must—\n\t(a)\tpublish the order on the AER's website; and\n\t(b)\tarrange for notice of the making of the order to be published in the South Australian Government Gazette.\n52—Opportunity to be heard before regulatory information notice is served\n\t(1)\tThe AER, before serving a regulatory information notice, must—\n\t(a)\tnotify, 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\t(b)\tgive the service provider, or the related provider, a draft of the regulatory information notice it intends to serve.\n\t(2)\tIf the regulatory information notice to be served is an urgent notice, the AER must, in a notice under subsection (1)—\n\t(a)\tidentify the regulatory information notice to be served as an urgent notice; and\n\t(b)\tgive its reasons, in writing, why the regulatory information notice to be served is an urgent notice.\n\t(3)\tA regulatory information notice is an urgent notice if—\n\t(a)\tunder the notice the AER will require the service provider or related provider to provide information to the AER; and\n\t(b)\tthat 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\t(c)\tthe 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\t(4)\tA notice under subsection (1) must—\n\t(a)\tinvite 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\t(b)\tspecify the period within which the service provider, or the related provider, may make the representations.\n\t(5)\tThe period that must be specified in accordance with subsection (4) must be—\n\t(a)\tin 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\t(b)\tin all other cases—a period of at least 20 business days calculated from the date of the notice under subsection (1).\n\t(6)\tThe 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.\nSubdivision 3—Form and content of regulatory information instruments\n53—Form and content of regulatory information instrument\n\t(1)\tA regulatory information instrument—\n\t(a)\tmust specify the information required to be—\n\t(ii)\tprepared, maintained or kept in the particular manner and form specified in the instrument; and\n\t(b)\tmay specify the manner and form in which the information described in the instrument is required to be—\n\t(ii)\tprepared, maintained or kept; and\n\t(c)\texcept 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—\n\t(ii)\tprepared, maintained or kept in the particular manner and form specified in the instrument; and\n\t(d)\tin the case of an instrument requiring information to be provided to the AER, must specify when the information must be provided.\n\t(2)\tIn the case of a regulatory information notice, the notice must name the service provider or the related provider to whom it applies.\n\t(3)\tIn 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.\n54—Further provision about the information that may be described in a regulatory information instrument\n\t(1)\tWithout 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—\n\t(a)\thistoric, current and forecast information (including financial information);\n\t(b)\tinformation that is or may be derived from other information in the possession or control of the person to whom the instrument applies;\n\t(c)\tinformation to enable the AER to verify whether the service provider to whom the instrument applies is or has been complying with Chapter 4;\n\t(d)\tinformation to enable the AER to verify compliance with any requirements for the allocation of costs between covered gas services under—\n\t(i)\tthe Rules; or\n\t(ii)\tan applicable access arrangement.\n\t(2)\tSubsection (1)(c) and (d) do not apply in relation to a price information order.\n55—Further provision about manner in which information must be provided to AER or kept\nWithout limiting section 53(1)(b), a regulatory information instrument may require that the information specified in the instrument—\n\t(a)\tbe 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\t(b)\tbe provided to the AER, or prepared, maintained or kept, in accordance with specified Rules;\n\t(c)\tbe 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—\n\t(i)\twholly or partially or as amended by the instrument; or\n\t(ii)\tas 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\t(iii)\tas 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.\n\t(d)\tbe verified by way of statutory declaration by an officer of the person to whom the instrument applies;\n\t(e)\tbe audited—\n\t(i)\tby a class of person specified in the instrument before it is provided to the AER; and\n\t(ii)\tat the expense of the person to whom the instrument applies.\nSubdivision 4—Compliance with regulatory information instruments\n56—Compliance with regulatory information notice that is served\nOn being served a regulatory information notice, a person named in the notice must comply with the notice.\n57—Compliance with order\n\t(1)\tOn 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\t(2)\tSubsection (1) does not apply to a person who has been given an exemption under section 58.\n57A—Confidentiality issues\n\t(1)\tIf 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—\n\t(a)\tmake a claim of confidentiality; and\n\t(b)\tprovide reasons in support of the claim, which must include—\n\t(i)\tinformation about any detriment that might be caused to the person if the information were to be disclosed by the AER; and\n\t(ii)\tinformation—\n\t(A)\tthat is reasonably within the person's knowledge and capacity to give; and\n\t(B)\tthat 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\t(2)\tA 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—\n\t(a)\tthat is reasonably within the person's knowledge and capacity to give; and\n\t(b)\tthat—\n\t(i)\tis about any detriment that might be caused to the third party if the information were to be disclosed by the AER; and\n\t(ii)\tmay 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\t(3)\tA person must, in acting under subsection (1), specifically identify the information in relation to which the claim is made.\n\t(4)\tInformation 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\t(5)\tThis section does not apply in relation to a price information order.\n57B—Disclosure of information given to AER in compliance with regulatory information instrument\n\t(1)\tThe 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—\n\t(a)\tif no claim of confidentiality has been made in accordance with section 57A in relation to the information, disclose the information;\n\t(b)\tif 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\t(2)\tThe 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.\n58—Exemption from compliance with general regulatory information order or price information order\n\t(1)\tThe AER may exempt a person, or a class of person, from complying with section 57—\n\t(a)\tunconditionally or on specified conditions; or\n\t(b)\twholly or to the extent as is specified in the exemption.\n\t(2)\tAn exemption under this section must be in writing.\n59—Assumptions where there is non-compliance with regulatory information instrument\n\t(a)\tunder a regulatory information instrument the AER—\n\t(i)\trequires 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\t(ii)\trequires 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\t(b)\tthe service provider or related provider—\n\t(i)\tdoes not provide the information to the AER in accordance with the applicable regulatory information instrument; or\n\t(ii)\tprovides information that is insufficient (when compared to what was requested under the applicable regulatory information instrument).\n\t(2)\tWithout limiting sections 56 and 57 and despite anything to the contrary in this Law or the Rules, the AER—\n\t(a)\tmay 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\t(b)\tin 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\t(3)\tThis section does not apply in relation to a price information order.\nSubdivision 5—General\n60—Providing to AER false and misleading information\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.\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.\n61—Person cannot rely on duty of confidence to avoid compliance with regulatory information instrument\n\t(1)\tA person must not refuse to comply with a regulatory information instrument on the ground of any duty of confidence.\n\t(2)\tA person incurs, by complying with a regulatory information instrument, no liability for breach of contract, breach of confidence or any other civil wrong.\n62—Legal professional privilege not affected\nA regulatory information instrument, and sections 56 and 57, are not to be taken as requiring a person to—\n\t(a)\tprovide to the AER information that is the subject of legal professional privilege; or\n\t(b)\tproduce a document to the AER the production of which would disclose information that is the subject of legal professional privilege.\n63—Protection against self-incrimination\n\t(1)\tIt 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\t(2)\tIt 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.\n","sortOrder":32},{"sectionNumber":"Div 4A","sectionType":"division","heading":"Monitoring service providers","content":"Division 4A—Monitoring service providers\n63A—AER must monitor service providers' behaviour\nThe AER must regularly and systematically monitor the following matters:\n\t(a)\tthe prices charged by service providers for pipeline services;\n\t(b)\tthe non-price terms and conditions for pipeline services;\n\t(c)\tthe financial information reported by service providers;\n\t(d)\tthe outcomes of access negotiations;\n\t(e)\tservice providers' dealings with associates;\n\t(f)\tservice providers' compliance with ring fencing requirements;\n\t(g)\tthe compliance of service providers with other requirements of this Law and the Rules.\n63B—AER must report to MCE\n\t(1)\tAt 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\t(2)\tThe 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\t(3)\tThe report must—\n\t(a)\tstate how many service providers the AER monitored during the relevant period for the purposes of this Division; and\n\t(b)\tsummarise the information obtained in relation to the matters mentioned in section 63A; and\n\t(c)\tstate how the AER obtained information contained in the report; and\n\t(d)\tgive an assessment of the behaviour of service providers in relation to the matters mentioned in section 63A; and\n\t(e)\tstate 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\t(f)\tinclude any information requested in a direction issued by the MCE under subsection (2).\n\t(4)\tAs 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—\n\t(a)\tcontains aggregated information about each of the matters mentioned in section 63A; and\n\t(b)\tis not likely to result in the identification of a particular service provider.\n","sortOrder":33},{"sectionNumber":"Div 5","sectionType":"division","heading":"Service provider performance reports relating to scheme pipelines","content":"Division 5—Service provider performance reports relating to scheme pipelines\n64—Preparation of service provider performance reports relating to scheme pipelines\n\t(1)\tSubject 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.\n\t(1a)\tThe AER must prepare a report under this section if (and to the extent) required by the Rules.\n\t(2)\tA report prepared under this section may—\n\t(a)\tdeal with the financial or operational performance of the scheme pipeline service provider in relation to—\n\t(i)\tcomplying with pipeline service standards; and\n\t(ii)\tstandards relating to the provision of pipeline services to users or end users; and\n\t(iii)\tthe profitability and efficiency of scheme pipeline service providers in providing pipeline services; and\n\t(b)\tif 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\t(3)\tA report prepared under this section may include—\n\t(a)\tinformation provided to the AER by a person in compliance with a regulatory information instrument; and\n\t(b)\tin 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\t(4)\tBefore 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\t(4A)\tAny 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\t(5)\tThe AER may publish a report prepared under this section on its website.\n","sortOrder":34},{"sectionNumber":"Div 5A","sectionType":"division","heading":"Compliance and performance","content":"Division 5A—Compliance and performance\n64A—References in this Division to service providers\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.\n64B—Compliance audits by AER\nFor the purpose of assessing a service provider's compliance with the requirements of this Law, the Regulations and the Rules, the AER may—\n\t(a)\tcarry out compliance audits of any or all activities of the service provider; or\n\t(b)\tarrange 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.\n64C—Compliance audits by service providers\n\t(1)\tA 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\t(2)\tIf 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\t(3)\tA 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.\n64D—Carrying out of compliance audits\nA compliance audit is to be carried out in accordance with the AER Compliance Procedures and Guidelines.\n64E—Cost of compliance audits\n\t(1)\tThe 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\t(2)\tThe cost of conducting a compliance audit under section 64C is to be borne by the service provider to whom the audit relates.\n64F—AER Compliance Procedures and Guidelines\n\t(1)\tThe AER must make procedures and guidelines (AER Compliance Procedures and Guidelines) in accordance with the Rules.\n\t(2)\tWithout limiting subsection (1), the AER Compliance Procedures and Guidelines may provide guidance for service providers about the following matters:\n\t(a)\tcompliance with the requirements of this Law, the Regulations and the Rules;\n\t(b)\tthe carrying out of compliance audits, and the costs payable by service providers, under this Division.\n\t(3)\tThe AER Compliance Procedures and Guidelines may include a statement of the AER's compliance priorities.\n\t(4)\tThe AER may amend the AER Compliance Procedures and Guidelines in accordance with the Rules.\n\t(5)\tThe AER Compliance Procedures and Guidelines may form part of similar guidelines under this Law, the National Electricity Law or the National Energy Retail Law.\n65—Consideration by the AER of submissions or comments made to it under this Law or the Rules\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—\n\t(a)\tmust consider every submission it receives within the period specified in the notice; and\n\t(b)\tmay, but need not, consider a submission it receives after the period specified in the notice expires.\n66—Use of information provided under a notice under section 42 or a regulatory information instrument\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—\n\t(a)\tthis Law or the Rules; or\n\t(b)\tthe National Electricity Law or the National Electricity Rules; or\n\t(c)\tthe National Energy Retail Law or the National Energy Retail Rules.\n67—AER to inform certain persons of decisions not to investigate breaches, institute proceedings or serve infringement notices\n\t(1)\tIf 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—\n\t(a)\tdecides not to investigate that breach or possible breach; or\n\t(b)\tfollowing an investigation, decides not to—\n\t(i)\tinstitute any proceedings under Chapter 8 in respect of that breach or possible breach; or\n\t(ii)\tserve 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.\n\t(2)\tThis section does not apply if the person gave the information to the AER anonymously.\n68—AER Guidelines\n\t(a1)\tThe AER must prepare guidelines about the exercise of its powers under section 42, including about—\n\t(a)\tthe rights and obligations of persons who are served with a relevant notice under that section; and\n\t(b)\tthe penalties applying under that section for non‑compliance with a notice; and\n\t(c)\tthe purposes for which information obtained under that section may be used.\n\t(1)\tThe AER may prepare guidelines about the matters it will have regard to before—\n\t(a)\tmaking an application under section 231; or\n\t(b)\tserving an infringement notice under section 277; or\n\t(c)\taccepting an enforceable undertaking under section 230A.\n\t(2)\tThe AER must publish guidelines prepared under subsection (a1) or (1) on its website.\n68A—Single documentation\n\t(1)\tThis 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:\n\t(a)\tthe National Electricity Law;\n\t(b)\tthe National Electricity Rules;\n\t(c)\tthe National Energy Retail Law;\n\t(d)\tthe National Energy Retail Rules,\nfor the same or a similar, related or corresponding purpose.\n\t(2)\tThe 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.\n68B—Use of information\n\t(1)\tThe 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:\n\t(a)\tthe National Electricity Law;\n\t(b)\tthe National Electricity Rules;\n\t(c)\tthe National Energy Retail Law;\n\t(d)\tthe National Energy Retail Rules.\n\t(2)\tThe 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\t(3)\tThis 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.\nPart 2—Functions and powers of the Australian Energy Market Commission\n69—Functions and powers of the AEMC\n\t(1)\tThe AEMC has the following functions and powers:\n\t(a)\tthe Rule making functions and powers conferred on it under this Law and the Regulations;\n\t(b)\tthe market development functions conferred on it under this Law and the Rules;\n\t(c)\tany other functions and powers conferred on it under this Law and the Rules.\n\t(2)\tThe AEMC has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n70—Delegations\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.\n71—Confidentiality\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.\n72—AEMC must have regard to national gas objective\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.\n72A—Targets statement for greenhouse gas emissions targets\n\t(1)\tThe AEMC must prepare and maintain a document (the targets statement) stating the targets set by a participating jurisdiction mentioned in section 23(b).\n\t(2)\tIf 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\t(3)\tA Minister may give a written direction under subsection (2) only in relation to a target set by the Minister's participating jurisdiction.\n\t(4)\tThe AEMC must publish on its website—\n\t(a)\tthe targets statement; and\n\t(b)\teach direction given under subsection (2).\n\t(5)\tIn 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.\n73—AEMC must have regard to MCE statements of policy principles in relation to Rule making and reviews\nThe AEMC must have regard to any relevant MCE statement of policy principles—\n\t(a)\tin making a Rule; or\n\t(b)\tin conducting a review under section 83.\nDivision 2—Rule making functions and powers of the AEMC\n74—Subject matter for National Gas Rules\n\t(1)\tSubject 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—\n\t(a)\tregulating—\n\t(i)\taccess to pipeline services; and\n\t(ii)\tthe provision of pipeline services; and\n\t(iii)\tthe collection, use, disclosure, copying, recording, management and publication of information in relation to the covered gas industry; and\n\t(iv)\tthe operation of a regulated retail gas market; and\n\t(v)\tAEMO's declared system functions and the operation of a declared wholesale gas market; and\n\t(va)\tAEMO's STTM functions and the operation of a short term trading market of an adoptive jurisdiction; and\n\t(vi)\tthe activities of Registered participants, users, end users and other persons in a regulated gas market; and\n\t(vii)\tthe safety, security and reliability of pipelines; and\n\t(viia)\tthe reliability or adequacy of the supply of covered gas within the east coast gas system; and\n\t(viii)\tthe connection of premises of retail customers; and\n\t(aaa)\tAEMO's gas trading exchange functions and the operation of a gas trading exchange; and\n\t(aab)\tthe 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\t(aac)\ttransaction support arrangements; and\n\t(aad)\taccess to and the provision of operational transportation services; and\n\t(aa)\tfacilitating and supporting the provision of services to retail customers; and\n\t(ab)\tany matter or thing related to, or necessary or expedient for, the purposes of a trial Rule, trial project or trial waiver; and\n\t(aba)\tthe AER gas price reporting functions; and\n\t(ac)\tAEMO′s east coast gas system reliability and supply adequacy functions; and\n\t(b)\tany 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.\n\t(2)\tWithout 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\t(3)\tRules made by the AEMC in accordance with this Law and the Regulations may—\n\t(b)\tvary according to the persons, times, places or circumstances to which they are expressed to apply;\n\t(c)\tconfer functions or powers on, or leave any matter or thing to be decided or determined by—\n\t(i)\tthe AER, the AEMC or AEMO; or\n\t(ii)\tany panel or committee established by the AEMC; or\n\t(iii)\tany other body established, or person appointed, in accordance with the Rules;\n\t(d)\tconfer rights or impose obligations on any person or a class of person (other than AEMO, the AER or the AEMC);\n\t(e)\tconfer 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\t(f)\tempower 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\t(fa)\tprovide for Procedures governing the operation of regulated gas markets;\n\t(fb)\tprovide for Procedures governing the operation and administration of capacity auctions and transaction support arrangements;\n\t(g)\tapply, 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—\n\t(i)\tas formulated, issued, prescribed or published at the time the Rules are made or at any time before the Rules are made; or\n\t(ii)\tas amended from time to time;\n\t(h)\tconfer 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—\n\t(i)\ta guideline, test, standard, procedure or other document (however described) referred to in paragraph (e) or (f); or\n\t(ii)\ta standard, rule, specification, method or document (however described) referred to in paragraph (g);\n\t(i)\tif 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\t(j)\tprovide 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\t(k)\trequire 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\t(l)\tin a specified case or class of case, exempt—\n\t(i)\tAEMO; or\n\t(ii)\ta Registered participant or class of Registered participant; or\n\t(iii)\tany 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;\n\t(m)\tprovide 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—\n\t(i)\tAEMO; or\n\t(ii)\ta Registered participant or class of Registered participant; or\n\t(iii)\tany 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\t(n)\tconfer 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\t(na)\trequire 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\t(o)\tcontain provisions of a savings or transitional nature consequent on the amendment or revocation of a Rule.\n75—Rules relating to MCE or Ministers of participating jurisdictions require MCE consent\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\".\n76—AEMC must not make Rules that create criminal offences or impose civil penalties for breaches\nThe AEMC must not make a Rule that—\n\t(a)\tcreates an offence for a breach of a provision of the Rules; or\n\t(b)\tprovides for a criminal penalty or civil penalty for a breach of a provision of the Rules.\n77—Documents etc applied, adopted and incorporated by Rules to be publicly available\n\t(1)\tThe AEMC must make publicly available—\n\t(a)\tevery 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\t(b)\tif 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\t(2)\tFor 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—\n\t(a)\tpublishes the standard, rule, specification, method or document on the AEMC's website; or\n\t(b)\tspecifies a place from which the standard, rule, specification, method or document may be obtained or purchased (as the case requires).\nDivision 3—Committees, panels and working groups of the AEMC\n78—Establishment of committees, panels and working groups\nThe AEMC may establish committees, panels and working groups to—\n\t(a)\tprovide advice on specified aspects of the AEMC's functions; or\n\t(b)\tundertake any other activity in relation to the AEMC's functions as is specified by the AEMC.\nDivision 4—MCE directed reviews\n79—MCE directions\n\t(1)\tThe MCE may give a written direction to the AEMC that the AEMC conduct a review into—\n\t(a)\tany matter relating to a market for gas (including services provided in a market for gas); or\n\t(b)\tany matter relating to access to pipelines or to pipeline services provided by means of pipelines; or\n\t(c)\tthe operation and effectiveness of the Rules; or\n\t(d)\tany matter relating to the Rules; or\n\t(e)\tthe 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\t(2)\tA 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\t(3)\tA direction given under this section must be published in the South Australian Government Gazette.\n\t(4)\tThe AEMC must cause a direction given under this section to be published on its website.\n80—Terms of reference\n\t(1)\tThe 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—\n\t(a)\tabout a specific matter within a specified time; or\n\t(b)\twhenever a specified event occurs; or\n\t(c)\ton an annual basis.\n\t(2)\tWithout limiting subsection (1), the MCE may in its direction to the AEMC do 1 or more of the following:\n\t(a)\trequire the AEMC to give a report on a MCE directed review to the MCE within a specified period;\n\t(b)\trequire the AEMC to make the report on a MCE directed review publicly available or available to specified persons or bodies;\n\t(c)\trequire the AEMC to make a draft report publicly available or available to specified persons or bodies during a MCE directed review;\n\t(d)\trequire the AEMC to consider specified matters in the conduct of a MCE directed review;\n\t(e)\trequire 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\t(f)\trequire 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\t(g)\trequire the AEMC—\n\t(i)\tto assess a particular matter in relation to services provided in a market for gas; and\n\t(ii)\tto develop appropriate and relevant criteria, or an appropriate and relevant methodology, for the purpose of the required assessment;\n\t(h)\tgive the AEMC other specific directions in respect of the conduct of a MCE directed review.\n81—Notice of MCE directed review\n\t(1)\tThe AEMC must publish notice of a MCE directed review on its website.\n\t(2)\tThe 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.\n82—Conduct of MCE directed review\nSubject to any requirement or direction of the MCE, a MCE directed review—\n\t(a)\tmay be conducted in such manner as the AEMC considers appropriate; and\n\t(b)\tmay (but need not) involve public hearings.\nDivision 5—Other reviews\n83—Rule reviews by the AEMC\n\t(1)\tThe AEMC may conduct a review into—\n\t(a)\tthe operation and effectiveness of the Rules; or\n\t(b)\tany matter relating to the Rules.\n\t(2)\tA review—\n\t(a)\tmay be conducted in such manner as the AEMC considers appropriate; and\n\t(b)\tmay (but need not) involve public hearings.\n\t(3)\tDuring the course of a review, the AEMC may—\n\t(a)\tconsult with any person or body that it considers appropriate;\n\t(b)\testablish working groups to assist it in relation to any aspect, or any matter or thing that is the subject of, the review;\n\t(c)\tcommission reports by other persons on its behalf on any aspect, or matter or thing that is the subject of, the review;\n\t(d)\tpublish discussion papers or draft reports.\n\t(4)\tAt the completion of a review, the AEMC must—\n\t(a)\tgive a copy of the report to the MCE; and\n\t(b)\tpublish a report or a version of a report from which confidential information has been omitted in accordance with section 331.\n83B—Standard market timetable\n\t(1)\tWithout limiting any other provision, the Rules may provide for a standard market timetable.\n\t(2)\tThe standard market timetable may do the following:\n\t(a)\tspecify the start time of a standard gas day;\n\t(b)\tprovide for the times for nominations and renominations for the use of transportation services and deliveries or receipts of covered gas;\n\t(c)\tprovide for the circumstances in which the standard market timetable must be used, which may include provision in relation to any of the following:\n\t(i)\ttransportation services;\n\t(ii)\tthe supply, production, blending or storage of covered gas;\n\t(iii)\tthe measurement and allocation of deliveries or receipts of covered gas;\n\t(iv)\ta regulated gas market, a gas trading exchange and a capacity auction.\n\t(3)\tWithout 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:\n\t(a)\ta transportation service provider;\n\t(b)\ta transportation facility user;\n\t(c)\ta person who measures, or determines the allocation of, deliveries or receipts of covered gas;\n\t(e)\ta storage provider;\n\t(f)\tany other person of a kind prescribed by the Regulations for the purposes of this subsection.\n83C—Use of the standard market timetable\nA person required by the Rules to use the standard market timetable must do so in accordance with the Rules.\n83D—False or misleading statements\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:\n\t(a)\ta transportation service provider;\n\t(b)\ta transportation facility user;\n\t(c)\ta person who measures, or determines the allocation of, deliveries or receipts of covered gas;\n\t(e)\ta storage provider;\n\t(f)\tany other person of a kind prescribed by the Regulations for the purposes of section 83B(3)(f).\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.\n84—AEMC must publish and make available up to date versions of Rules\nThe AEMC must, at all times—\n\t(a)\tmaintain, on its website, a copy of the National Gas Rules, as in force from time to time; and\n\t(b)\tmake 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.\n85—Fees\n\t(1)\tThe 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\t(2)\tThe fee must not be such as to amount to taxation.\n86—Immunity from personal liability of AEMC officials\n\t(1)\tNo 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\t(2)\tA liability that would, but for subsection (1), lie against an AEMC official lies instead against the AEMC.\nAEMC official means—\n\t(a)\ta member of the AEMC;\n\t(b)\tthe chief executive of the AEMC;\n\t(c)\ta member of staff appointed by the AEMC.\nPart 3—Functions and powers of Ministers of participating jurisdictions\n87—Functions and powers of Minister of this participating jurisdiction under this Law\n\t(1)\tThe Minister of this participating jurisdiction has the functions and powers conferred on him or her under this Law, the Regulations or the Rules.\n\t(2)\tThe 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.\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).\nPart 5—Functions and powers of Tribunal\n91—Functions and powers of Tribunal under this Law\n\t(1)\tThe 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\t(2)\tThe Tribunal has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\nPart 6—Role of AEMO under National Gas Law\n91A—AEMO's statutory functions\n\t(1)\tAEMO has the following functions:\n\t(a)\tto operate and administer gas markets in accordance with this Law, the Rules and the Procedures;\n\t(b)\tto promote the development, and improve the effectiveness of the operation and administration of, gas markets;\n\t(ba)\tconduct 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\t(c)\tto register persons as Registered participants;\n\t(d)\tto exempt certain persons from being registered as Registered participants;\n\t(e)\tto facilitate retail customer transfer, metering and retail competition (including balancing, allocation and reconciliation of gas deliveries and withdrawals to and from subnetworks);\n\t(ea)\tthe east coast gas system reliability and supply adequacy functions;\n\t(eb)\tto disclose information held by AEMO to other persons or bodies in accordance with this Law, the Rules, the Procedures and the Regulations;\n\t(ec)\tto provide advisory and support services related to information held by, or otherwise available to, AEMO;\n\t(f)\tfor an adoptive jurisdiction—the declared system functions or STTM functions (as the case requires);\n\t(g)\tto make, amend or revoke Procedures;\n\t(ga)\tthe gas trading exchange functions;\n\t(gb)\tthe capacity auction functions;\n\t(gc)\tto establish, operate and administer transaction support arrangements;\n\t(h)\tto operate and maintain the Gas Bulletin Board;\n\t(i)\tto prepare, periodically review, revise, and publish the gas statement of opportunities;\n\t(j)\tto investigate breaches or possible breaches of the Procedures;\n\t(k)\tany functions conferred by jurisdictional gas legislation or an application Act;\n\t(l)\tany other functions conferred under this Law, the Rules or the Procedures.\nNotes—\n1\tAEMO has additional functions under its Constitution.\n2\tIt 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.\n3\tAEMO 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","sortOrder":35},{"sectionNumber":"4","sectionType":"section","heading":"AEMO has additional functions and powers under the National Energy Retail Law and the National Energy Retail Rules.","content":"4\tAEMO has additional functions and powers under the National Energy Retail Law and the National Energy Retail Rules.\n\t(2)\tAEMO must, in carrying out functions referred to in this section have regard to the national gas objective.\n91AB—AEMO's power to carry out statutory functions\nAEMO has the power to do all things necessary or convenient for or in connection with its statutory functions.\n91AC—Delegation\n\t(1)\tSubject to subsection (2) and the Rules, AEMO may delegate any of its functions or powers under this Law, the Rules or the Procedures to—\n\t(a)\ta director, officer or employee of AEMO; or\n\t(b)\ta member of a committee established by AEMO.\n\t(2)\tHowever, a function or power classified by the Regulations as non‑delegable cannot be delegated.\n\t(3)\tA delegate may, subject to AEMO's directions, subdelegate a delegated function or power to a director, officer or employee of AEMO.\n\t(4)\tA delegate (or subdelegate) must comply with any direction given by AEMO that is relevant to the exercise of the delegated functions or powers.\nDivision 1A—AEMO's east coast gas system reliability and supply adequacy functions\n91AD—AEMO's east coast gas system reliability and supply adequacy functions\n\t(1)\tAEMO's east coast gas system reliability and supply adequacy functions are as follows:\n\t(a)\tto 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\t(b)\tto 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\t(c)\tto 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\t(d)\tto publish information relating to the reliability or adequacy of the supply of covered gas within the east coast gas system;\n\t(e)\tto 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\t(f)\tto 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\t(g)\tother functions conferred on AEMO by the Rules for the purposes of this section;\n\t(h)\tto make, amend or revoke Procedures (East Coast Gas System Procedures) relating to a function specified in paragraphs (a) to (g).\n\t(2)\tAEMO 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\t(3)\tAEMO must, within 3 months after the commencement of this section—\n\t(a)\tprepare, in accordance with the Rules, guidelines relating to the exercise or performance of the functions specified in subsection (1)(e) and (f); and\n\t(b)\tpublish the guidelines on its website.\n\t(4)\tThe Regulations may specify the following:\n\t(a)\tthe 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\t(b)\tthe 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\t(c)\tthe 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\t(5)\tThe Rules may specify the following:\n\t(a)\tthe 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\t(b)\tthe kinds of directions that AEMO may or may not give under this section;\n\t(c)\tthe matters that AEMO may or must consider in determining whether to exercise a function specified in subsection (1)(e) or (f).\n91AE—AEMO to account to relevant Minister for performance of east coast gas system reliability and supply adequacy functions\n\t(1)\tAEMO 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\t(2)\tAEMO 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\t(3)\tProtected 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\t(4)\tNo fee is to be charged for the provision of information under this section.\n91AF—AEMO's power of direction—east coast gas system reliability and supply adequacy\n\t(1)\tAEMO may give a written direction (an east coast gas system direction) to a relevant entity for 1 or more of the following purposes:\n\t(a)\tto maintain and improve the reliability of the supply of covered gas within the east coast gas system;\n\t(b)\tto maintain and improve the adequacy of the supply of covered gas within the east coast gas system.\n\t(2)\tA 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\t(3)\tWithout limiting subsection (1), an east coast gas system direction may relate to 1 or more of the following:\n\t(a)\tthe operation, maintenance or use of any equipment or installation;\n\t(b)\tthe control of the flow of covered gas;\n\t(c)\tany other matter that may affect the reliability or adequacy of the supply of covered gas within the east coast gas system.\n\t(4)\tAn 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\t(5)\tA prohibition imposed by an east coast gas system direction may be either unconditional or subject to conditions stated in the direction.\n\t(6)\tA 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\t(7)\tA 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.\nrelevant entity means the following, excluding a small customer:\n\t(a)\ta Registered participant;\n\t(b)\tan exempted participant;\n\t(c)\ta producer who injects covered gas into the east coast gas system;\n\t(d)\ta person who buys or sells covered gas in the east coast gas system;\n\t(e)\ta gas powered generator;\n\t(f)\ta storage provider whose storage facility is connected to the east coast gas system;\n\t(g)\ta person who provides pipeline, transport, compression or other related services in, into or out of the east coast gas system;\n\t(h)\ta person specified as a relevant entity by the Rules;\nsmall customer means—\n\t(a)\ta small customer within the meaning of section 5(2) of the National Energy Retail Law; and\n\t(b)\ta 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.\n91AG—East Coast Gas System Procedures\n\t(1)\tThe East Coast Gas System Procedures may deal with the following matters:\n\t(b)\tany 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\t(2)\tThe East Coast Gas System Procedures—\n\t(c)\tmay confer rights or impose obligations on relevant entities; and\n\t(d)\tmay 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\t(e)\tmay confer power on AEMO to make or issue guidelines, tests, standards and other documents of an administrative nature; and\n\t(f)\tmay confer power on AEMO to require a person on whom a right is conferred, or an obligation imposed, under the Procedures—\n\t(g)\tmay exempt, or confer a power of exemption, from the application of the Procedures or specified provisions of the Procedures; and\n\t(h)\tmay contain provisions of a savings or transitional nature.\n\t(3)\tAEMO 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\t(4)\tThe East Coast Gas System Procedures must not—\n91AH—Compliance with East Coast Gas System Procedures\n\t(1)\tAEMO and each person to whom the East Coast Gas System Procedures are applicable must comply with those Procedures.\n\t(2)\tIf 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\t(b)\tmay direct the person suspected of the breach to rectify it or to take specified measures to ensure future compliance (or both); and \n\t(b)\tspecify the date by which the direction must be complied with; and \n\t(6)\tAEMO 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\t(a)\tpublish the decision and the reasons for the decision on its website; and\n\t(b)\tgive 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).\nDivision 2—AEMO's declared system functions\n91B—Application of this Division\n\t(1)\tThis 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\t(2)\tIn this Division—\n\t(a)\ta reference to a storage provider extends to a declared LNG storage provider; and\n\t(b)\ta reference to natural gas extends to liquefied natural gas stored by the declared LNG storage provider.\n\t(3)\tA 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.\n91BA—AEMO's declared system functions\n\t(1)\tAEMO's declared system functions are as follows:\n\t(a)\tto determine security standards for the declared transmission system;\n\t(b)\tto control the operation and security of the declared transmission system;\n\t(c)\tto 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\t(d)\tto provide information and other services to facilitate decisions for economically efficient investment in the covered gas industry in the adoptive jurisdiction;\n\t(e)\tto 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\t(f)\tto operate and administer the declared wholesale gas market;\n\t(g)\tto make, amend or revoke Procedures governing the operation and administration of the declared wholesale gas market.\n\t(2)\tAEMO 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—\n\t(a)\tto the extent necessary or desirable for the safety, security or reliability of a declared transmission system; or\n\t(b)\tin an emergency.\n\t(3)\tAEMO may, subject to the Rules, suspend a declared wholesale gas market.\n91BB—AEMO to account to relevant Minister for performance of declared system functions\n\t(1)\tAEMO 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\t(2)\tProtected 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\t(3)\tNo fee is to be charged for the provision of information under this section.\nSubdivision 2—Power of direction\n91BC—AEMO's power of direction\n\t(1)\tAEMO 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:\n\t(a)\tto maintain and improve the reliability of the supply of covered gas;\n\t(b)\tto maintain and improve the security of the declared transmission system or a declared distribution system;\n\t(c)\tin the interests of public safety.\n\t(2)\tA direction under this section—\n\t(a)\tmay relate to—\n\t(i)\tthe operation or use of any equipment or installation; or\n\t(ii)\tthe control of the flow of covered gas; or\n\t(iii)\tany other matter that may affect the safety, security or reliability of the declared transmission system or a declared distribution system; but\n\t(b)\tmust 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\t(3)\tA 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\t(4)\tA prohibition imposed by a direction under this section may be either unconditional or subject to conditions stated in the direction.\n\t(5)\tA person to whom a direction under this section applies must comply with the direction.\n\t(a)\tin the case of a natural person—$34 000;\n\t(b)\tin 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.\n\t(6)\tA 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.\n91BD—Protection from liability\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.\nSubdivision 3—AEMO's relationship with transmission system service providers and facility owners\n91BE—Service envelope agreement between AEMO and transmission pipeline service provider\n\t(1)\tThe 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\t(2)\tUnder the service envelope agreement, the service provider makes the declared transmission system available to AEMO (and, in doing so, provides a pipeline service).\n\t(3)\tThe service envelope agreement must—\n\t(a)\tstate 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\t(b)\tdeal with any other matters required by the Rules.\n\t(4)\tThe 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\t(5)\tThe AER may only make a determination under this section if—\n\t(a)\tthe AER is satisfied that the applicant has made a reasonable, but unsuccessful, attempt to negotiate the agreement or amendment; and\n\t(b)\tthe 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\t(6)\tA determination under this section may determine the terms and conditions of the service envelope agreement or the amendment.\n\t(7)\tIf 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\t(8)\tA determination under this section takes effect on a date specified in the determination.\n\t(9)\tA determination under this section must be published on AEMO's website.\n91BF—Interconnection with facilities\n\t(1)\tA person must not connect a facility to the declared transmission system unless the person—\n\t(a)\thas AEMO's permission to do so; or\n\t(b)\tis authorised to do so by an access determination.\n\t(2)\tA facility includes—\n\t(a)\ta pipeline;\n\t(aa)\ta blend processing facility;\n\t(b)\ta storage facility;\n\t(c)\ta gas fired electricity generator;\n\t(d)\tany other plant or equipment that could have a material impact on the operation of the declared transmission system.\n91BG—Operating agreement between AEMO and facility owner\n\t(1)\tAEMO 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\t(2)\tAn operating agreement may deal (amongst other things) with the following:\n\t(a)\tthe balancing, monitoring and regulation of gas flows between the declared transmission system and the facility;\n\t(b)\tthe scheduling of gas flows;\n\t(c)\tthe maintenance of a balancing account;\n\t(d)\tthe provision of operational information;\n\t(e)\toperating pressures;\n\t(f)\tthe safety, security and reliability of the declared transmission system and the facility;\n\t(g)\temergency arrangements.\n\t(3)\tThe AER may make a determination under this section (an operating agreement determination)—\n\t(a)\ton 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\t(b)\tin the course of proceedings to resolve an access dispute.\n\t(4)\tThe AER may only make an operating agreement determination on an application under subsection (3)(a) if—\n\t(a)\tthe AER is satisfied that the applicant has made a reasonable, but unsuccessful, attempt to negotiate the agreement or amendment; and\n\t(b)\tthe 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\t(5)\tAn operating agreement determination may determine the terms and conditions of the operating agreement or the amendment.\n\t(6)\tIf 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\t(7)\tAn operating agreement determination takes effect on a date specified in the determination.\n\t(8)\tAn operating agreement determination must be published on AEMO's website.\n91BH—General principles governing determinations\n\t(1)\tA determination under this Division must be compatible with the proper performance of AEMO's declared system functions.\n\t(2)\tIn 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—\n\t(a)\tthe allocation of risk under such an agreement; or\n\t(b)\tthe provision of services by means of, or in connection with, the declared transmission system; or\n\t(c)\tany other matter that has a bearing on the subject matter of the agreement.\n\t(3)\tA determination cannot alter the allocation of risk under an existing service envelope agreement or an existing operating agreement unless AEMO agrees.\n\t(4)\tThe provisions applicable to the determination of an access dispute apply to a determination by the AER under this Division with the following changes:\n\t(a)\tsections 163 to 166 and section 169(1)(b)(i), (iv) and (2) do not apply; and\n\t(b)\tany further changes necessary to adapt those provisions to the determination of a dispute under this Division.\nSubdivision 4—Declared wholesale gas market\n91BI—Market participation\nA person participates in a declared wholesale gas market in a registrable capacity if the person is—\n\t(a)\ta service provider for the declared transmission system or for a declared distribution system; or\n\t(b)\ta producer or blend processing service provider who injects covered gas into a declared transmission system or a declared distribution system; or\n\t(c)\ta storage provider whose storage facility is connected to the declared transmission system or a declared distribution system; or\n\t(d)\ta person who buys or sells covered gas in the declared wholesale gas market; or\n\t(e)\ta person classified by the Rules as a participant in the declared wholesale gas market.\n91BJ—Registration required for market participation\n\t(1)\tA 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\t(2)\tA person may also be exempted from registration by or under jurisdictional gas legislation.\n\t(3)\tA 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\t(4)\tFor performing statutory functions, AEMO is not required to be registered.\n91BK—Certificates of registration etc\n\t(1)\tA 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\t(2)\tFor this section, an authorised officer is AEMO's CEO or a person authorised by the CEO to issue certificates under this section.\nSubdivision 5—Wholesale Market Procedures\n91BL—Wholesale Market Procedures\nAEMO may, in accordance with the Rules, make Wholesale Market Procedures.\n91BM—Nature of Wholesale Market Procedures\n\t(1)\tWholesale Market Procedures are a form of statutory instrument directed at the regulation of a declared wholesale gas market.\n\t(2)\tThe Wholesale Market Procedures may deal with the following matters:\n\t(b)\tany other matter relevant to a declared wholesale gas market on which this Law or the Rules contemplate the making of Procedures.\n\t(3)\tThe Wholesale Market Procedures—\n\t(c)\tmay confer rights or impose obligations on Registered participants, exempted participants, or other persons; and\n\t(d)\tmay 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\t(e)\tmay confer power on AEMO to make or issue guidelines, tests, standards and other documents of an administrative nature; and\n\t(f)\tmay confer power on AEMO to require a person on whom a right is conferred, or an obligation imposed, under the Procedures—\n\t(g)\tmay exempt, or confer a power of exemption, from the application of the Procedures or specified provisions of the Procedures; and\n\t(h)\tmay contain provisions of a savings or transitional nature.\n\t(4)\tAEMO 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\t(5)\tThe Wholesale Market Procedures cannot—\n91BN—Compliance with Wholesale Market Procedures\n\t(1)\tAEMO and each person to whom the Wholesale Market Procedures are applicable must comply with those Procedures.\n\t(2)\tIf 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\t(b)\tmay direct the person suspected of the breach to rectify it or to take specified measures to ensure future compliance (or both); and\n\t(6)\tAEMO 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.\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).)\nSubdivision 6—Ownership of gas in declared transmission system\n91BO—Ownership of gas\n\t(1)\tAEMO must establish rules (the ownership rules) for determining the ownership of gas in the declared transmission system and for resolving disputes about ownership.\n\t(2)\tThe ownership rules are to form part of the Wholesale Market Procedures.\n\t(3)\tSubject 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\t(4)\tA dispute about the ownership of gas in the declared transmission system is to be determined in accordance with the Rules.\n91BP—Title to gas\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—\n\t(a)\tthe participant has title to the gas, or authority to dispose of title to the gas; and\n\t(b)\tthe gas will, at the point of injection, be free from any mortgage, charge or encumbrance.\nSubdivision 7—Immunity\n91BQ—Immunity\n\t(1)\tA protected person incurs no civil monetary liability—\n\t(a)\tfor failing to accept gas for injection into, or to make gas available for withdrawal from, the declared transmission system; or\n\t(b)\tfor 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\t(c)\tin 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.\n\t(2)\tA 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\t(b)\ta service provider for the whole or part of the declared transmission system.\n91BR—Immunity in dealing with an emergency\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.\nDivision 2A—Short term trading markets\n91BRA—Application of this Division\n\t(1)\tThis 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\t(2)\tA 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.\n91BRB—AEMO's STTM functions\n\t(1)\tAEMO's STTM functions are as follows:\n\t(a)\tto operate and administer a short term trading market;\n\t(b)\tto make, amend or revoke Procedures governing the operation and administration of a short term trading market.\n\t(2)\tAEMO may trade in covered gas to the extent necessary or desirable to provide market operator services.\n\t(3)\tAEMO may, subject to the Rules, suspend a short term trading market.\nSubdivision 2—Short term trading markets\n91BRC—Market participation\nA person participates in a short term trading market in a registrable capacity if the person is—\n\t(a)\ta person who supplies covered gas to an STTM hub; or\n\t(b)\ta person who withdraws covered gas from an STTM hub; or\n\t(c)\ta person classified by the Rules as a participant in a short term trading market.\n91BRD—Registration required for market participation\n\t(1)\tA 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\t(2)\tA 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\t(3)\tFor performing statutory functions, AEMO is not required to be registered.\n91BRE—Certificates of registration etc\n\t(1)\tA 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\t(2)\tFor this section, an authorised officer is AEMO's CEO or a person authorised by the CEO to issue certificates under this section.\n91BRF—Title to gas\nAn STTM trading participant must not supply gas to an STTM hub unless—\n\t(a)\tthe participant has title to the gas, or authority to dispose of title to the gas; and\n\t(b)\tthe gas will, at the point of supply, be free from any mortgage, charge or encumbrance.\n91BRG—Gas supplied to STTM hub must meet quality specifications specified in the Rules\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.\nSubdivision 3—STTM Procedures\n91BRH—STTM Procedures\nAEMO may, in accordance with the Rules, make STTM Procedures.\n91BRI—Nature of STTM Procedures\n\t(1)\tSTTM Procedures are a form of statutory instrument directed at the regulation of a short term trading market.\n\t(2)\tThe STTM Procedures may deal with the following matters:\n\t(b)\tany other matter relevant to a short term trading market on which this Law or the Rules contemplate the making of Procedures.\n\t(3)\tThe STTM Procedures—\n\t(c)\tmay confer rights or impose obligations on STTM trading participants, exempted participants, or other persons; and\n\t(d)\tmay confer power on AEMO to make or issue guidelines, tests, standards and other documents of an administrative nature; and\n\t(e)\tmay confer power on AEMO to require a person on whom a right is conferred, or an obligation imposed, under the Procedures—\n\t(f)\tmay exempt, or confer a power of exemption, from the application of the Procedures or specified provisions of the Procedures; and\n\t(4)\tAEMO 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\t(5)\tThe STTM Procedures cannot—\n91BRJ—Compliance with STTM Procedures\n\t(1)\tAEMO and each person to whom the STTM Procedures are applicable must comply with those Procedures.\n\t(2)\tIf 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\t(b)\tmay direct the person suspected of the breach to rectify it or to take specified measures to ensure future compliance (or both); and\n\t(6)\tAEMO 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.\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).)\nDivision 2B—Gas trading exchanges\n91BRK—AEMO's gas trading exchange functions\n\t(1)\tAEMO's gas trading exchange functions are as follows:\n\t(a)\tto establish, operate and administer 1 or more gas trading exchanges;\n\t(b)\tto appoint, in accordance with the Rules, another person to operate a gas trading exchange;\n\t(c)\tin relation to a gas trading exchange, to make and administer a gas trading exchange agreement for the purposes of the exchange.\n\t(2)\tAEMO 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\t(3)\tAEMO may, subject to the Rules and the relevant gas trading exchange agreement, suspend trading on a gas trading exchange.\n91BRL—Gas trading exchange not to constitute a regulated gas market\nA gas trading exchange is not a regulated gas market.\nDivision 2C—Capacity auctions for transportation services\n91BRM—AEMO's capacity auction functions\n\t(1)\tAEMO's capacity auction functions are as follows:\n\t(a)\tto establish, operate and administer 1 or more capacity auctions;\n\t(b)\tin relation to a capacity auction, to make and administer capacity auction agreements;\n\t(c)\tto make, amend or revoke Procedures governing the operation and administration of a capacity auction.\n\t(2)\tAEMO may, subject to the Rules and Procedures, suspend a capacity auction.\n91BRN—Capacity auctions not to constitute a regulated gas market\nA capacity auction is not a regulated gas market.\nDivision 2D—Capacity Transfer and Auction Procedures\n91BRO—Making of Capacity Transfer and Auction Procedures\nAEMO may, in accordance with the Rules, make Capacity Transfer and Auction Procedures.\n91BRP—Nature of Capacity Transfer and Auction Procedures\n\t(1)\tCapacity Transfer and Auction Procedures are a form of statutory instrument directed at—\n\t(a)\tthe effective operation and administration of a capacity auction in accordance with the Rules; and\n\t(b)\tthe effective operation and administration of transaction support arrangements.\n\t(2)\tThe Capacity Transfer and Auction Procedures may deal with the following matters:\n\t(b)\tany 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\t(3)\tThe Capacity Transfer and Auction Procedures—\n\t(c)\tmay 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\t(d)\tmay confer power on AEMO to make or issue guidelines, tests, standards and other documents of an administrative nature; and\n\t(e)\tmay confer power on AEMO to require a person on whom a right is conferred, or an obligation imposed, under the Procedures—\n\t(f)\tmay exempt, or confer a power of exemption, from the application of the Procedures or specified provisions of the Procedures; and\n\t(4)\tAEMO 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\t(5)\tThe Capacity Transfer and Auction Procedures cannot—\n91BRQ—Compliance with Capacity Transfer and Auction Procedures\n\t(1)\tAEMO and each person to whom the Capacity Transfer and Auction Procedures are applicable must comply with those Procedures.\n\t(2)\tIf 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\t(b)\tmay direct the person suspected of the breach to rectify it or to take specified measures to ensure future compliance (or both); and\n\t(6)\tAEMO 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\t(7)\tIf 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).)\nDivision 2E—Registration in relation to transportation facility\n91BRR—Registration obligation\n\t(1)\tA transportation service provider for a transportation facility must, in accordance with the Rules, register—\n\t(a)\tthat transportation facility; and\n\t(b)\tas a transportation service provider for that transportation facility.\n\t(2)\tSubsection (1) does not apply if—\n\t(a)\tthe transportation facility or the provider is exempted from registration under that subsection by or under the Rules; or\n\t(b)\tthe transportation facility or the provider is exempted by the AER from registration under that subsection by or under this Law or the Rules.\n\t(3)\tFor performing statutory functions, AEMO is not required to be registered.\n91BRS—Exemptions from obligation to register\n\t(1)\tA 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—\n\t(a)\tthe transportation facility under section 91BRR(1)(a); or\n\t(b)\tas a transportation service provider for the transportation facility under section 91BRR(1)(b).\n\t(2)\tA request under subsection (1) must be made in accordance with the Rules.\n\t(3)\tOn receipt of a request under subsection (1), the AER may, subject to the Rules, grant the exemption.\n\t(4)\tAn 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.\nprospective transportation service provider for a transportation facility means a person who intends to own, control or operate the transportation facility.\n91BRT—Certificates of registration and exemption from registration\n\t(1)\tA 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\t(2)\tIn this section, an authorised officer is—\n\t(a)\tin relation to registration, AEMO's CEO or a person authorised by the CEO to issue certificates under this section; or\n\t(b)\tin relation to exemption, the AER's CEO or a person authorised by the CEO to issue certificates under this section.\nDivision 3—Information etc to be provided to Ministers\n91C—Ministerial request\n\t(1)\tThe MCE or a Minister of a participating jurisdiction may ask AEMO for information, a report or other services.\n\t(2)\tThe request may be accompanied by a written statement of the purpose for which the information, report or other services are sought.\n91CA—Compliance with request\n\t(1)\tAEMO must comply with a request under this Division.\n\t(2)\tHowever, 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.\n91CB—Quarterly report\n\t(1)\tAEMO must report to the MCE in each quarter on its work under this Division for the previous quarter.\n\t(2)\tThe report must—\n\t(a)\tsummarise each request received in the relevant quarter; and\n\t(b)\tstate by whom each request was made.\nDivision 4—Gas statement of opportunities\n91D—Object and content of gas statement of opportunities\n\t(1)\tThe 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\t(2)\tThe gas statement of opportunities must include the following:\n\t(a)\tfor each covered gas specified in the Rules, an assessment of—\n\t(i)\tmedium to long term demand (including export demand) for the gas and for pipeline services; and\n\t(ii)\tsupply and pipeline capacity to meet existing and foreseeable demand for the gas and pipeline services; and\n\t(iii)\tlikely long term production or transmission constraints;\n\t(b)\tforecasts of the outlook for the covered gas industry over a 20 year planning horizon;\n\t(c)\tan assessment of likely long term shortfalls in natural gas reserves;\n\t(d)\tany other information required by the Rules.\n91DA—AEMO's obligation in regard to gas statement of opportunities\n\t(1)\tAEMO must prepare, periodically review, revise, and publish the gas statement of opportunities in accordance with the Rules.\n\t(2)\tAEMO also has the following functions in relation to the gas statement of opportunities:\n\t(a)\tto collect and collate GSOO information;\n\t(b)\tto collect and collate other information in relation to the covered gas industry;\n\t(c)\tto derive from information of the type mentioned in paragraph (a) or (b) information for inclusion in the gas statement of opportunities.\n91DB—Information for the gas statement of opportunities\n\t(1)\tA 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\t(2)\tThe information must be given to AEMO in accordance with the Rules.\n\t(4)\tSubsection (1) does not require—\n\t(b)\ta 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).\n91DC—Person cannot rely on duty of confidence to avoid compliance with obligation\nA person must not refuse to comply with the requirement in section 91DB on the ground of any duty of confidence.\n91DD—Giving AEMO false or misleading information\nA person must not give GSOO information to AEMO that the person knows is false or misleading in a material particular.\n91DE—Immunity of persons giving GSOO information to AEMO\n\t(1)\tA 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\t(2)\tThe 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\t(a)\tprescribe a maximum amount that is limited in its application to persons, events, circumstances, losses or periods specified in the Regulations;\n\t(b)\tprescribe 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\t(4)\tA 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.\n91DF—GSOO Procedures\nAEMO may, in accordance with the Rules, make GSOO Procedures.\n91DG—Nature of GSOO Procedures\n\t(1)\tGSOO Procedures are a form of statutory instrument directed at the collection of information for the gas statement of opportunities.\n\t(2)\tThe GSOO Procedures may deal with the following matters:\n\t(b)\tany other matter relevant to the gas statement of opportunities on which this Law or the Rules contemplate the making of Procedures.\n\t(3)\tThe GSOO Procedures—\n\t(c)\tmay confer rights or impose obligations; and\n\t(d)\tmay confer power on AEMO to make or issue guidelines, tests, standards and other documents of an administrative nature; and\n\t(e)\tmay confer power on AEMO to require a person to whom a right is conferred, or an obligation is imposed, under the Procedures—\n\t(ii)\tto conduct, or submit to, a test designated by AEMO under the Procedures; and\n\t(f)\tmay exempt, or confer a power of exemption, from the application of the Procedures or specified provisions of the Procedures; and\n\t(4)\tAEMO 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\t(5)\tThe GSOO Procedures cannot—\n91DH—Compliance with GSOO Procedures\n\t(1)\tAEMO and each person to whom the GSOO Procedures are applicable must comply with the Procedures.\n\t(2)\tIf 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\t(3)\tA person to whom a direction is addressed under subsection (2) must comply with the direction.\n91E—AEMO fees and charges\n\t(1)\tAEMO may—\n\t(a)\tdetermine fees and charges for services provided by it under this Law, the Rules or the Procedures; and\n\t(b)\tcharge for, and recover, the fees and charges in accordance with this Law and the Rules.\n\t(2)\tThe fees and charges for a service are to be determined on a non‑profit basis that—\n\t(a)\tprovides for full recovery of the costs of providing the service; and\n\t(b)\tdoes not amount to taxation; and\n\t(c)\tis consistent with the requirements of the Rules.\n\t(3)\tExact 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.\n\t(4)\tDespite 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.\n\t(5)\tThis 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\t(6)\tIn this section—\nservice includes the performance of statutory functions.\n","sortOrder":36},{"sectionNumber":"Div 6","sectionType":"division","heading":"Information gathering","content":"Division 6—Information gathering\nSubdivision 1—Market information orders and market information notices\n91F—Information gathering powers\n\t(1)\tIf AEMO considers it reasonably necessary to do so for the exercise of a relevant function, it may—\n\t(a)\tmake a general market information order requiring information from persons of a class specified in the order; or\n\t(b)\tserve a market information notice requiring information from the person to whom the notice is addressed.\n\t(2)\tA relevant function is—\n\t(a)\tthe preparation, review, revision or publication of the gas statement of opportunities; or\n\t(ba)\tan east coast gas system reliability and supply adequacy function; or\n\t(b)\ta declared system function; or\n\t(c)\tany other statutory function for which this Law authorises AEMO to gather information by means of a market information instrument.\n\t(3)\tA 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\t(4)\tIn 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\t(4a)\tSubsections (3) and (4) do not apply to an order or notice relating to an east coast gas system reliability and supply adequacy function.\n\t(4b)\tThe 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\t(5)\tA market information instrument—\n\t(a)\tmust specify—\n\t(i)\tthe information, or categories of information, that is to be provided to AEMO; and\n\t(ii)\tthe time by which the information is required; and\n\t(iii)\tin the case of a general market information order—the class of persons to which the order applies; and\n\t(iv)\tin the case of a market information notice—the name of the person to whom the notice is addressed; and\n\t(b)\tmay specify the manner and form in which information must be provided.\n\t(6)\tWithout limiting subsection (5), a market information instrument—\n\t(a)\tmay require information of any of the following kinds:\n\t(i)\thistoric, current and forecast information;\n\t(ii)\tinformation that may be derived from other information in the possession or control of the person required to provide the information; and\n\t(b)\tmay require the provision of information on an annual or other periodic basis.\n91FA—Making and publication of general market information order\n\t(1)\tBefore making a final decision to make a general market information order, AEMO must—\n\t(a)\tinvite 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\t(b)\tconsider any written representations made in response to the invitation within the specified period.\n\t(2)\tA general market information order must be published on AEMO's website as soon as practicable after it is made.\n\t(3)\tSubsection (1) does not apply to an order relating to an east coast gas system reliability and supply adequacy function.\n\t(4)\tAEMO must, before making an order relating to an east coast gas system reliability and supply adequacy function—\n\t(a)\tconsider 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\t(b)\tinvite those persons to make representations to the extent AEMO considers possible in the circumstances.\n91FB—Service of market information notice\n\t(1)\tBefore serving a market information notice, AEMO must—\n\t(a)\tgive the person on whom AEMO intends to serve the market information notice (the respondent) written notice of its intention to do so; and\n\t(b)\tgive the respondent a draft of the market information notice.\n\t(2)\tA notice under subsection (1) must—\n\t(a)\tinvite the respondent to make written representations to AEMO about whether AEMO should serve the market information notice; and\n\t(b)\tspecify the period (at least 20 business days) allowed for making the representations.\n\t(3)\tAEMO 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\t(4)\tThis section does not apply to a notice relating to an east coast gas system reliability and supply adequacy function.\n91FC—Compliance with market information instrument\n\t(1)\tA market information instrument takes effect—\n\t(a)\tin the case of a general market information order—on publication on AEMO's website; or\n\t(b)\tin the case of a market information notice—on service of the notice on the person to whom it is addressed.\n\t(2)\tAEMO may, by written notice, exempt a person from compliance with a general market information order—\n\t(a)\tunconditionally or on specified conditions; and\n\t(b)\twholly or to a specified extent.\n\t(3)\tSubject 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\t(4)\tA person on whom a market information notice is served must comply with the notice.\n\t(5)\tThe duty to comply with a market information instrument prevails over a duty of confidence.\n\t(6)\tHowever—\n\t(a)\ta person cannot be required by a market information instrument to disclose information that is the subject of legal professional privilege; and\n\t(b)\ta 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\t(7)\tA person incurs no liability, by complying with a market information instrument, for breach of contract, breach of confidence or any other civil wrong.\n91FD—Use of information\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.\n91FE—Providing false or misleading information\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.\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.\nSubdivision 2—STTM information\n91FEA—Obligation to give information to AEMO\n\t(1)\tA 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:\n\t(a)\tan STTM trading participant;\n\t(b)\ta service provider;\n\t(c)\ta storage provider;\n\t(e)\tanother person who is prescribed by the Regulations for the purposes of this paragraph.\n\t(2)\tThe information must be given to AEMO in accordance with the Procedures or Rules.\n\t(4)\tHowever, subsection (1) does not require—\n\t(b)\ta 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).\n91FEB—Person cannot rely on duty of confidence to avoid compliance with obligation\nA person must not refuse to comply with the requirement in section 91FEA(1) on the ground of any duty of confidence.\n91FEC—Giving to AEMO false and misleading information\nA person must not give STTM information to AEMO that the person knows is false or misleading in a material particular.\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.\n91FED—Immunity of persons giving information to AEMO\n\t(1)\tA 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\t(2)\tThe 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\t(a)\tprescribe a maximum amount that is limited in its application to persons, events, circumstances, losses or periods specified in the Regulations;\n\t(b)\tprescribe 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\t(4)\tA 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.\nSubdivision 3—Capacity auction information\n91FEE—Obligation to give information to AEMO\n\t(1)\tA 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:\n\t(a)\ta capacity auction participant;\n\t(b)\ta transportation service provider;\n\t(c)\ta transportation facility user;\n\t(d)\tanother person who is prescribed by the Regulations for the purposes of this subsection.\n\t(2)\tThe information must be given to AEMO in accordance with the Procedures or Rules.\n\t(4)\tHowever, subsection (1) does not require—\n\t(a)\ta person to disclose information that is the subject of legal professional privilege;\n\t(b)\ta 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).\n91FEF—Person cannot rely on duty of confidence to avoid compliance with obligation\nA person must not refuse to comply with the requirement in section 91FEE(1) on the ground of any duty of confidence.\n91FEG—Giving to AEMO false and misleading information\nA person must not give capacity auction information to AEMO that the person knows is false or misleading in a material particular.\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.\n91FEH—Immunity of persons giving information to AEMO\n\t(1)\tA 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\t(2)\tThe 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\t(a)\tprescribe a maximum amount that is limited in its application to persons, events, circumstances, losses or periods specified in the Regulations;\n\t(b)\tprescribe 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\t(4)\tA 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.\nSubdivision 4—Information used for a capacity auction\n91FEI—Giving false and misleading information used for capacity auctions\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.\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.\nSubdivision 5—Declared wholesale gas market information\n91FEJ—Information required to be given to AEMO\n\t(1)\tA person who has possession or control of information must give the information to AEMO if—\n\t(a)\tthe information relates to the operation and administration of the covered gas industry; and\n\t(b)\tthe information is necessary for AEMO to perform a declared system function under section 91BA(1)(c) or (d); and\n\t(c)\tthe person is required by the Rules to give the information to AEMO.\n\t(2)\tThe information must be given to AEMO in accordance with the Wholesale Market Procedures or the Rules.\n\t(4)\tSubsection (1) does not require—\n\t(b)\ta 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.\n91FEK—Person cannot rely on duty of confidence to avoid compliance with obligation\nA person must not refuse to comply with the requirement in section 91FEJ on the ground of any duty of confidence.\n91FEL—Giving AEMO false or misleading information\nA person must not give information to AEMO under this Subdivision that the person knows is false or misleading in a material particular.\n91FEM—Immunity of persons giving information to AEMO\n\t(1)\tA 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\t(2)\tThe 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\t(a)\tprescribe a maximum amount that is limited in its application to persons, events, circumstances, losses or periods specified in the Regulations;\n\t(b)\tprescribe 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\t(4)\tA 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","sortOrder":37},{"sectionNumber":"Div 7","sectionType":"division","heading":"Protected information","content":"Division 7—Protected information\nSubdivision 1—AEMO's obligation to protect information\n91G—Protected information\n\t(1)\tAEMO must take all reasonable measures to ensure it does not make unauthorised use, or an unauthorised disclosure, of information (protected information)—\n\t(a)\tgiven to it in confidence; or\n\t(b)\tgiven 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\t(2)\tAEMO 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.\n\t(3)\tAEMO makes an unauthorised disclosure of protected information if the disclosure is not authorised under this Law.\n\t(4)\tTo 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.\nSubdivision 2—Disclosure of protected information held by AEMO\n91GA—Authorised disclosure of protected information\n\t(1)\tAEMO is authorised to disclose protected information in accordance with this Subdivision.\n\t(2)\tAEMO may also be authorised to disclose protected information by the Rules, the Procedures or the Regulations.\n91GB—Disclosure with prior written consent\nAEMO is authorised to disclose protected information if it has the written consent of the person from whom the information was obtained.\n91GC—Disclosure required or permitted by law etc\n\t(1)\tThe disclosure of protected information as required or permitted by a law of the Commonwealth, a State or Territory is authorised.\n\t(2)\tThe disclosure of protected information to any of the following is authorised:\n\t(a)\tthe Australian Competition and Consumer Commission;\n\t(b)\tthe Australian Energy Regulator;\n\t(c)\tthe Australian Energy Market Commission;\n\t(ca)\tthe Energy Security Board;\n\t(d)\tthe Economic Regulation Authority of Western Australia;\n\t(e)\ta jurisdictional regulator;\n\t(f)\tthe National Competition Council;\n\t(fa)\tthe Australian Bureau of Statistics;\n\t(fb)\tthe Clean Energy Regulator;\n\t(fc)\teach department responsible for the administration of the application Act of a participating jurisdiction;\n\t(fd)\tthe Minister of a participating jurisdiction;\n\t(g)\tif 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\t(h)\ta prescribed body;\n\t(ha)\ta person or body who—\n\t(i)\tsatisfies any requirements or criteria prescribed for the purposes of this paragraph; or\n\t(ii)\tis a member of a class of persons or bodies prescribed for the purposes of this paragraph;\n\t(i)\tany staff or consultant assisting a body mentioned above in performing its functions or exercising its powers.\n\t(3)\tSubject 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\t(4)\tAEMO may impose conditions to be complied with in relation to protected information disclosed under subsection (2).\n\t(5)\tSubject 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.\n91GCA—Authorised disclosure to particular entities for data sharing purposes\n\t(1)\tAEMO 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):\n\t(a)\tany of the following:\n\t(i)\tan Australian university;\n\t(ii)\ta research facility that is part of an Australian university and conducting research in relation to energy;\n\t(iii)\tan Australian university researcher who is conducting research in relation to energy;\n\t(b)\tEnergy Consumers Australia;\n\t(c)\tthe Australian Renewable Energy Agency;\n\t(d)\tthe Clean Energy Finance Corporation;\n\t(e)\ta prescribed body;\n\t(f)\ta person or body who—\n\t(i)\tsatisfies any requirements or criteria prescribed for the purposes of this paragraph; or\n\t(ii)\tis a member of a class of persons or bodies prescribed for the purposes of this paragraph;\n\t(g)\tany staff assisting a person or body mentioned above in performing its functions or exercising its powers.\n\t(2)\tFor the purposes of this section, each of the following is a data sharing purpose:\n\t(a)\tthe delivery of government services;\n\t(b)\tinforming government planning, policy or programs;\n\t(c)\tresearch in relation to energy.\n\t(3)\tHowever, AEMO must not disclose protected information under this section for any of the following purposes:\n\t(a)\tdetecting, investigating, prosecuting or punishing—\n\t(i)\tan offence; or\n\t(ii)\ta contravention of a law punishable by a pecuniary penalty;\n\t(b)\tdetecting, investigating or addressing acts or practices detrimental to public revenue;\n\t(c)\tdetecting, investigating or addressing serious misconduct;\n\t(d)\tconducting surveillance or monitoring, or intelligence-gathering activities;\n\t(e)\tconducting protective or custodial activities;\n\t(f)\tenforcing a law relating to the confiscation of proceeds of crime;\n\t(g)\tpreparing for, or conducting, proceedings before a court or tribunal or implementing a court or tribunal order.\n\t(4)\tAEMO may impose conditions to be complied with in relation to protected information disclosed under subsection (1).\n\t(5)\tSubject 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\t(6)\tSubject 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\t(7)\tA 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—\n\t(a)\tAEMO has given written consent for the use or disclosure of the information for the secondary purpose; or\n\t(b)\tthe entity is authorised by or under another Act or law to use or disclose the information for the secondary purpose.\n\t(8)\tA relevant entity to which protected information is disclosed under subsection (1)—\n\t(a)\tmust take reasonable steps to protect the information from—\n\t(i)\tmisuse, interference or loss; and\n\t(ii)\tunauthorised use, access, modification or disclosure; and\n\t(b)\tmust ensure that the information is de-identified or destroyed when the information is no longer required.\n\t(9)\tSubsection (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\t(10)\tThe entity must make a report to the AER about the non-compliance—\n\t(a)\tas 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\t(b)\tin the form (if any) approved and published by the AER.\n\t(11)\tIn this section—\nAustralian university means a registered higher education provider—\n\t(a)\tthat, 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\t(b)\tthat is established by or under a law of the Commonwealth or a State or Territory;\nAustralian university researcher means—\n\t(a)\ta member of staff of an Australian university; or\n\t(b)\tan undergraduate or postgraduate student of an Australian university; or\n\t(c)\ta consultant to an Australian university;\ncourt or tribunal order—\n\t(a)\tmeans an order, direction or other instrument made by—\n\t(i)\ta court; or\n\t(ii)\ta judge (including a judge acting in a personal capacity) or a person acting as a judge; or\n\t(iii)\ta magistrate (including a magistrate acting in a personal capacity) or a person acting as a magistrate; or\n\t(iv)\tany other person or body that has the power to act judicially under a law of the Commonwealth or a State or Territory; or\n\t(v)\ta tribunal; or\n\t(vi)\ta member or an officer of a tribunal; and\n\t(b)\tincludes 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:\n\t(a)\tproviding information;\n\t(b)\tproviding services, other than services relating to a payment, entitlement or benefit;\n\t(c)\tdetermining eligibility for a payment, entitlement or benefit;\n\t(d)\tpaying a payment, entitlement or benefit.\nSubsections (7), (8) and (10) are civil penalty provisions.\n91GCB—Disclosure of protected information by officer or employee of, or consultant to, AEMO\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.\n91GD—Disclosure for purposes of court and tribunal proceedings\nAEMO is authorised to disclose protected information for the purposes of—\n\t(a)\tcivil or criminal proceedings; or\n\t(b)\ta proceeding before the Tribunal or a tribunal established by or under a law of this jurisdiction or another participating jurisdiction.\n91GE—Disclosure of document with omission of protected information\n\t(1)\tIf a document contains both protected information and other information, AEMO may disclose the document with the omission of the protected information.\n\t(2)\tAEMO 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.\n91GF—Disclosure of non-identifying information\nAEMO is authorised to disclose protected information if—\n\t(a)\tit does not disclose any elements of the information that could lead to the identification of the person to whom the information relates; or\n\t(b)\tthe 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.\n91GFA—Disclosure of information in an aggregated form\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.\n91GG—Disclosure of protected information for safety, proper operation of the market etc\n\t(1)\tAEMO is authorised to disclose protected information if—\n\t(a)\tthe disclosure is necessary for—\n\t(i)\tthe safety, reliability, adequacy or security of the supply of covered gas; or\n\t(ii)\tthe safety, reliability, adequacy or security of a pipeline; or\n\t(b)\tthe disclosure is necessary for the proper operation of a regulated gas market, a capacity auction or the Capacity Transfer and Auction Procedures; or\n\t(c)\tthe information is in the public domain.\n\t(2)\tAEMO may impose conditions to be complied with in relation to information disclosed under subsection (1)(a) or (b).\n91GH—Disclosure of protected information authorised if detriment does not outweigh public benefit\n\t(1)\tSubject to this section, AEMO is authorised to disclose protected information after the restricted period if AEMO is of the opinion—\n\t(a)\tthat 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\t(b)\tthat, although the disclosure of the information would cause detriment to such a person, the public benefit in disclosing it outweighs that detriment.\n\t(2)\tBefore disclosing the protected information, AEMO must give the person who gave the protected information—\n\t(i)\tthat AEMO wishes to disclose the information, specifying the nature of the intended disclosure; and\n\t(iii)\tthat the person, within the period specified in the notice, may make representations to AEMO against disclosure of the information; and\n\t(3)\tIf 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—\n\t(i)\tthat AEMO wishes to disclose the information, specifying the nature of the intended disclosure; and\n\t(iii)\tthat the person, within the period specified in the notice, may make representations to AEMO against disclosure of the information; and\n\t(4)\tAEMO must consider every representation made to it by a person given an initial disclosure notice within the time specified in the notice.\n\t(5)\tThe 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\t(6)\tIf, after considering the representations, AEMO wishes to disclose the protected information, AEMO must give the person given the initial disclosure notice—\n\t(a)\ta written notice (a further disclosure notice) stating—\n\t(i)\tthat AEMO intends to disclose the information, specifying the nature of the intended disclosure; and\n\t(i)\tintends to make the disclosure; and\n\t(7)\tFor 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\t(7a)\tDespite 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—\n\t(a)\tAEMO's decision under subsection (1) to disclose protected information; and\n\t(b)\twithout limiting paragraph (a), if AEMO's decision under subsection (1) is to disclose the protected information, AEMO's opinion—\n\t(i)\tthat 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\t(ii)\tthat, although the disclosure of the information would cause detriment to such a person, the public benefit in disclosing it outweighs that detriment.\nrestricted period means a period of 5 business days after—\n\t(a)\tan initial disclosure notice has been given under this section; or\n\t(b)\ta further disclosure notice has been given under this section,\nwhichever is the later.\n","sortOrder":38},{"sectionNumber":"Div 8","sectionType":"division","heading":"Obligation to make payments","content":"Division 8—Obligation to make payments\n91H—Obligations under Rules or Procedures to make payments\n\t(1)\tIf, under the Rules or Procedures—\n\t(a)\ta Registered participant is required to pay an amount to AEMO or another Registered participant; or\n\t(b)\tAEMO 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.\n\t(2)\tIf, 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—\n\t(a)\tthat 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\t(b)\tthe 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\t(3)\tSubsections (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—\n\t(a)\tthe Rules or Procedures otherwise provide; or\n\t(b)\tthe parties to the dispute agree otherwise; or\n\t(c)\ta 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\t(d)\ta court of competent jurisdiction determines that subsection (1) or (2) does not apply.\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:\n\t(a)\tan exempted participant;\n\t(b)\ta capacity auction participant;\n\t(c)\ta transportation service provider registered with AEMO under section 91BRR or exempted from registration under that section;\n\t(d)\ta gas trading exchange member;\n\t(e)\ta relevant entity (within the meaning of section 91AF).\n","sortOrder":39},{"sectionNumber":"Div 9","sectionType":"division","heading":"AEMO's statutory funds","content":"Division 9—AEMO's statutory funds\n91J—Definitions\nRule fund means—\n\t(a)\ta fund—\n\t(i)\testablished under legislation of a participating jurisdiction (whether primary or subordinate); and\n\t(ii)\tadministered by a former gas market operator immediately before the relevant changeover date; and\n\t(iii)\ttransferred to AEMO's administration on or after that date; or\n\t(b)\ta fund established as a Rule fund under this Division.\n91JA—AEMO's Rule funds\n\t(1)\tSubject to the Rules—\n\t(a)\tthe Rule funds in existence on the relevant changeover date vest in AEMO; and\n\t(b)\tAEMO then becomes (and will continue to be) responsible for the administration of the Rule funds then in existence; and\n\t(c)\tAEMO will be responsible for the administration of a Rule fund established after the relevant changeover date as from the establishment of the fund.\n\t(2)\tAEMO 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\t(3)\tNothing in this Law, the Rules or the Procedures constitutes AEMO, or a director of AEMO, as a trustee of a Rule fund.\n91JB—Payments into and out of Rule funds\n\t(1)\tAEMO must ensure that there is paid into each Rule fund—\n\t(a)\tall amounts received by AEMO that, under the Rules or the Procedures, are required to be paid into the fund; and\n\t(b)\tincome from investment of money in the fund.\n\t(2)\tMoney held in a Rule fund may be applied only in payment of—\n\t(a)\tamounts that, under the Rules or the Procedures, are required or permitted to be paid from the fund; or\n\t(b)\tliabilities or expenses of the fund.\n91JC—Investment\n\t(1)\tAEMO may invest money standing to the credit of a Rule fund.\n\t(2)\tAEMO 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.\nDivision 10—Immunity\n91K—Immunity from liability\n\t(1)\tNeither 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\t(2)\tThe 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\t(3)\tThe Regulations prescribing a limitation of civil monetary liability for the purposes of subsection (2)—\n\t(a)\tmay limit its application, or vary the maximum amount, according to—\n\t(i)\tthe nature of the functions or powers out of which the liability arises; or\n\t(ii)\tthe market to which the liability relates; or\n\t(iii)\tthe nature of the events or circumstances out of which the liability arises; or\n\t(iv)\tthe nature of the damage or loss; or\n\t(v)\tthe person or persons suffering damage or loss; or\n\t(vi)\tthe season or period in which the liability is incurred; or\n\t(vii)\tany combination of the above; and\n\t(b)\tmay prescribe the manner in which a maximum amount is to be divided among claimants.\n\t(4)\tAEMO 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\t(5)\tThis section does not apply to any liability of an officer or employee of a body corporate to the body corporate.\n91KA—Supply interruption or disconnection in compliance with AEMO's direction\n\t(1)\tA 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\t(2)\tThe immunity does not extend to an act or omission done or made in bad faith or through negligence.\n\t(3)\tThe 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\t(4)\tThe Regulations may, for the purposes of subsection (3)—\n\t(a)\tprescribe a limitation of liability that is limited in its application to persons, events, losses or periods specified in the Regulations;\n\t(b)\tprescribe 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;\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. \n91KB—Immunity in relation to use of computer software\n\t(1)\tA 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\t(b)\ta former gas market operator; or\n\t(c)\tan officer, employee or agent of AEMO or a former gas market operator.\n91KC—Immunity from liability—dispute resolution\n\t(1)\tA 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\t(a)\ta person appointed under the Rules to manage and facilitate dispute resolution under or in relation to the Rules or the Procedures; or\n\t(b)\tan 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\t(c)\ta person or class of persons to which the protection of this section is extended by the Regulations.\n","sortOrder":40},{"sectionNumber":"Div 11","sectionType":"division","heading":"Other matters","content":"Division 11—Other matters\n91KD—Disclosure of information for purpose of market trials\n\t(1)\tThis section applies if AEMO—\n\t(a)\tconducts a trial relating to the operation and administration of a market, or a part of a market, for covered gas; and\n\t(b)\tunder, or for the purpose of, that trial is given information by another person (the discloser) that relates to another person.\n\t(2)\tThe discloser, by giving the information to AEMO, incurs no liability for breach of contract, breach of confidence or any other civil wrong.\n\t(3)\tAEMO, 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","sortOrder":41},{"sectionNumber":"Part 7","sectionType":"part","heading":"Regulation of retail gas markets","content":"Part 7—Regulation of retail gas markets\nDivision 1—Registration\n91L—Retail gas markets\n\t(1)\tA retail market for 1 or more covered gases in each participating jurisdiction constitutes a retail gas market.\n\t(2)\tA regulated retail gas market is a retail gas market the operation of which is governed under the Rules or Procedures (or both).\n91LA—Retail market participation\n\t(1)\tA 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\t(2)\tA 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:\n\t(a)\tservice providers;\n\t(b)\tusers;\n\t(c)\tblend processing service providers;\n\t(d)\tproducers;\n\t(e)\tstorage providers;\n\t(f)\ttraders;\n\t(g)\ta class prescribed under the Regulations.\n91LB—Registration required for market participation\n\t(1)\tA 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\t(2)\tA person may also be exempted from registration by or under jurisdictional gas legislation.\n\t(3)\tA 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\t(4)\tFor performing statutory functions, AEMO is not required to be registered.\n91LC—Certificates of registration etc\n\t(1)\tA 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\t(2)\tFor this section, an authorised officer is AEMO's CEO or a person authorised by the CEO to issue certificates under this section.\nDivision 2—Retail Market Procedures\n91M—Retail Market Procedures\nAEMO may, in accordance with the Rules, make Retail Market Procedures.\n91MA—Nature of Retail Market Procedures\n\t(1)\tRetail Market Procedures are a form of statutory instrument directed at the regulation of a retail gas market.\n\t(2)\tThe Retail Market Procedures may deal with the following matters:\n\t(b)\tany other matter relevant to a regulated retail gas market on which this Law or the Rules contemplate the making of Procedures.\n\t(3)\tThe Retail Market Procedures—\n\t(a)\tmay apply to regulated retail gas markets generally or any 1 or more of the regulated retail gas markets; and\n\t(b)\tmay vary according to the persons, times, places or circumstances to which they are expressed to apply; and\n\t(c)\tmay confer functions or powers on, or leave any matter or thing to be decided by, AEMO; and\n\t(d)\tmay confer rights or impose obligations on Registered participants, exempted participants, users, end users or other persons; and\n\t(e)\tmay 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\t(f)\tmay confer power on AEMO to make or issue guidelines, tests, standards and other documents of an administrative nature; and\n\t(g)\tmay confer power on AEMO to require a person on whom a right is conferred, or an obligation imposed, under the Procedures—\n\t(h)\tmay exempt, or confer a power of exemption, from the application of the Procedures or specified provisions of the Procedures; and\n\t(i)\tmay contain provisions of a savings or transitional nature.\n\t(4)\tAEMO 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\t(5)\tThe Retail Market Procedures cannot—\n91MB—Compliance with Retail Market Procedures\n\t(1)\tAEMO and each person to whom the Retail Market Procedures are applicable must comply with the Procedures.\n\t(3)\tIf 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\t(4)\tIf AEMO decides the breach is material, AEMO—\n\t(b)\tmay direct the person suspected of the breach to rectify it or to take specified measures to ensure future compliance (or both); and\n\t(5)\tA direction by AEMO under subsection (4)(b) must—\n\t(6)\tA person to whom a direction is given under subsection (4)(b) must comply with the direction.\n\t(7)\tAEMO 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\t(8)\tIf AEMO decides the breach is not material, AEMO must—\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).)\nChapter 3—Regulatory framework for pipelines\nPart 1—Scheme pipeline determinations and scheme pipeline elections\nDivision 1—Scheme pipeline determinations\n92—AER may make scheme pipeline determination\n\t(1)\tThe 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\t(2)\tAn application for a scheme pipeline determination must—\n93—Requirements for making, or not making, a scheme pipeline determination\n\t(1)\tA scheme pipeline determination or a decision not to make a scheme pipeline determination must—\n\t(e)\tif a scheme pipeline determination is made—specify the date the determination takes effect.\n\t(2)\tFor subsection (1)(e), the date specified must be at least 6 months, but not more than 12 months, after the determination is made.\n94—Effect of scheme pipeline determination\nA pipeline the subject of a scheme pipeline determination—\n\t(a)\tbecomes a scheme pipeline when the scheme pipeline determination takes effect; and\n\t(b)\tcontinues to be a scheme pipeline while the scheme pipeline determination remains in effect.\nDivision 2—Scheme pipeline elections\n95—Scheme pipeline elections\n\t(1)\tA 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\t(2)\tA scheme pipeline election must be made in accordance with the Rules.\n96—Effect of scheme pipeline elections\n\t(1)\tA 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\t(2)\tHowever, 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\t(3)\tOn 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.\nPart 2—Scheme pipeline revocation determinations\n97—AER may make scheme pipeline revocation determination\n\t(1)\tThe 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\t(2)\tAn application for a scheme pipeline revocation determination must—\n98—Requirements for making, or not making, a scheme pipeline revocation determination\nA scheme pipeline revocation determination or a decision not to make a scheme pipeline revocation determination must—\n\t(e)\tif a scheme pipeline revocation determination is made—specify the date the determination takes effect.\n99—Effect of scheme pipeline revocation determination\nA pipeline the subject of a scheme pipeline revocation determination ceases to be a scheme pipeline when the scheme pipeline revocation determination takes effect.\nPart 3—Greenfields incentive determinations and greenfields price protection determinations\nDivision 1—Greenfields incentive determinations\n100—AER may make greenfields incentive determination\n\t(1)\tThe 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\t(2)\tAn application for a greenfields incentive determination—\n\t(a)\tcannot be made after the pipeline is commissioned; and\n\t(b)\tmust be made in accordance with the Rules; and\n\t(c)\tmust include a description of the pipeline that meets the requirements specified by the Rules; and\n\t(d)\tmust contain the information required by the Rules; and\n\t(e)\tneed not describe, or include details of, excluded infrastructure; and\n\t(f)\tmust be accompanied by the fee prescribed by the Regulations (if any); and\n\t(g)\tmust be dealt with in accordance with the Rules.\n101—Requirements for making, or not making, a greenfields incentive determination\n\t(1)\tA greenfields incentive determination or a decision not to make a greenfields incentive determination must—\n\t(e)\tif a greenfields incentive determination is made—specify the date the determination takes effect.\n\t(2)\tThe 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\t(3)\tIf the AER decides a period under subsection (2), the greenfields incentive determination must also specify the period.\n102—Effect of greenfields incentive determination\n\t(1)\tA greenfields incentive determination takes effect on and from the date specified in the determination.\n\t(2)\tThe period during which a greenfields incentive determination continues in force (the operative period) is—\n\t(a)\tif the AER decides a period under section 101(2) that is less than 15 years—that period; or\n\t(b)\totherwise—15 years from the commissioning of the pipeline.\n\t(3)\tDuring the operative period, the pipeline the subject of the greenfields incentive determination cannot become a scheme pipeline.\n\t(4)\tAn application for a scheme pipeline determination in relation to a pipeline to which a greenfields incentive determination applies can be made—\n\t(a)\tbefore the end of the operative period for the greenfields incentive determination; but\n\t(b)\tonly if the scheme pipeline determination is to commence from, or after, the end of the operative period.\n103—Requirement for conformity between pipeline description and pipeline as constructed\n\t(1)\tSubject to this Part—\n\t(a)\ta greenfields incentive determination applies to the pipeline as described in the relevant pipeline description; and\n\t(b)\tif 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\t(2)\tIn determining whether a pipeline, as constructed, materially differs from the relevant pipeline description, excluded infrastructure is not to be taken into account.\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.\n104—Power of AER to amend pipeline description\n\t(1)\tThe AER may, on application by the service provider for a pipeline to which a greenfields incentive determination applies, amend the relevant pipeline description.\n\t(2)\tAn amendment cannot, however, be made under this section after the pipeline has been commissioned.\n\t(3)\tIn 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.\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.\nDivision 2—Early termination of greenfields incentive determination\n105—Greenfields incentive determination may lapse\n\t(1)\tA greenfields incentive determination lapses if the pipeline to which it applies is not commissioned within 3 years after the determination takes effect.\n\t(2)\tThe AER may, in a particular case, extend the 3 year period mentioned in subsection (1).\n106—Revocation by consent\nThe AER may, at the request of the service provider for the pipeline to which a greenfields incentive determination applies, revoke the determination.\n107—Revocation for misrepresentation\nThe AER may revoke a greenfields incentive determination on the ground that—\n\t(a)\tthe applicant misrepresented a material fact on the basis of which the determination was made; or\n\t(b)\tthe applicant failed to disclose material information that the applicant was required to disclose under this Chapter.\n108—Exhaustive provision for termination of greenfields incentive determination\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.\nDivision 3—Greenfields price protection determinations\n109—AER may make greenfields price protection determination\n\t(1)\tThe 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\t(2)\tAn application for a greenfields price protection determination—\n\t(a)\tcannot be made after the pipeline is commissioned; and\n\t(b)\tmust be made in accordance with the Rules; and\n\t(c)\tmust contain the information required by the Rules; and\n\t(d)\tmust be dealt with in accordance with the Rules.\n110—Requirements for making, or not making, a greenfields price protection determination\n\t(1)\tThe AER must not make a greenfields price protection determination unless—\n\t(a)\tthe pipeline the subject of the determination is also the subject of a greenfields incentive determination; and\n\t(b)\tthe AER is satisfied—\n\t(i)\tthat—\n\t(A)\tthe pipeline has been developed following a competitive process; and\n\t(B)\tthe 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\t(ii)\tthat—\n\t(A)\tone 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\t(B)\tthe making of the determination will, or is likely to, contribute to the achievement of the national gas objective.\n\t(2)\tFor 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—\n\t(a)\twere not related bodies corporate of each other; and\n\t(b)\tdid not include a related body corporate of the applicant.\nCompetition between prospective service providers could involve the service providers competing on the basis of—\n\t(a)\tdifferent pipeline routes; or\n\t(b)\tan expansion of an existing pipeline and the development of a new pipeline.\n\t(3)\tA greenfields price protection determination or a decision not to make a greenfields price protection determination must—\n\t(e)\tif a greenfields price protection determination is made, specify—\n\t(i)\tthe date the determination takes effect; and\n\t(ii)\tthe operative period for the determination.\n\t(4)\tFor subsection (3)(e)(ii), the operative period for a greenfields price protection determination—\n\t(a)\tis 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\t(b)\tcannot be longer than the operative period for the greenfields incentive determination relating to the pipeline.\n111—Effect of greenfields price protection determination\n\t(1)\tA greenfields price protection determination—\n\t(a)\ttakes effect on and from the date specified in the determination; and\n\t(b)\tcontinues in operation for the operative period for the determination mentioned in section 110(4).\n\t(2)\tA greenfields price protection determination ends if the greenfields incentive determination to which the greenfields price protection determination relates ceases to apply to the pipeline.\nPart 4—Principles governing the making of particular determinations\n112—Principles governing the making of particular determinations\n\t(1)\tThis section sets out principles that apply for the making of the following determinations (each a relevant determination) by the AER—\n\t(a)\ta scheme pipeline determination under Part 1 Division 1;\n\t(b)\ta scheme pipeline revocation determination under Part 2;\n\t(c)\ta greenfields incentive determination under Part 3.\n\t(2)\tIn 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—\n\t(a)\tthe promotion of access to pipeline services; and\n\t(b)\tthe costs that are likely to be incurred by an efficient service provider; and\n\t(c)\tthe costs that are likely to be incurred by efficient users and efficient prospective users; and\n\t(d)\tthe likely costs of end users.\n\t(3)\tIn doing so the AER—\n\t(a)\tmust have regard to the national gas objective; and\n\t(b)\tmust have regard to—\n\t(i)\tthe form of regulation factors; and\n\t(ii)\tfor 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—\n\t(a)\tdifferent pipeline routes; or\n\t(b)\tan expansion of an existing pipeline and the development of a new pipeline.\n\t(c)\tmay have regard to any other matter it considers relevant, including, for example, any information it obtains in the course of performing its functions.\nExample for paragraph (c)—\nThe AER may have regard to information contained in a report made by a mediator in relation to an access dispute.\n\t(4)\tFor subsection (3)(b)(ii), prospective service providers are unrelated if the service providers—\n\t(a)\tare not related bodies corporate of each other; and\n\t(b)\tdo not include a related body corporate of the applicant for the greenfields incentive determination.\nPart 5—Access arrangements for scheme pipelines\nDivision 1—Submissions generally\n113—Submission of access arrangement or revisions to applicable access arrangement\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—\n\t(a)\tin the circumstances specified by the Rules; and\n\t(b)\twithin the period of time specified by the Rules.\nDivision 2—Provisions relating to applicable access arrangements\n114—Protection of certain pre-existing contractual rights\n\t(1)\tAn applicable access arrangement must not have the effect of depriving a person of a relevant protected contractual right.\nrelevant exclusivity right means an express contractual right that arose on or after 30 March 1995 that—\n\t(a)\tprevents a service provider supplying pipeline services to persons who are not parties to the contract; or\n\t(b)\tlimits 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—\n\t(a)\tin the case of an applicable access arrangement approved under an applicable access 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\t(b)\tin the case of an applicable access arrangement made under an applicable access arrangement decision because—\n\t(i)\tan 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\t(ii)\tan access arrangement was not approved under an applicable access 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.\n115—Service provider may enter into agreement for access different from applicable access arrangement\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.\n116—Applicable access arrangements continue to apply regardless of who provides pipeline service\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.\nPart 6—Classification and reclassification of pipelines\nDivision 1—Classification of pipelines\n117—Application for classification of pipeline\n\t(1)\tThis 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\t(2)\tWithin 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\t(3)\tAn application for a classification decision must—\nDivision 2—Reclassification of pipelines\n118—Reclassification of pipelines\n\t(1)\tThe AER may, on its own initiative or on the application of a service provider, make a decision for a pipeline to be reclassified as—\n\t(a)\tif the pipeline is a transmission pipeline—a distribution pipeline; or\n\t(b)\tif the pipeline is a distribution pipeline—a transmission pipeline.\n\t(2)\tAn application for a reclassification decision must—\nDivision 3—Provisions relating to classification and reclassification decisions\n119—Requirements for making classification or reclassification decisions\n\t(1)\tIn making a classification decision or reclassification decision, the AER must have regard to—\n\t(a)\tthe national gas objective; and\n\t(b)\tthe pipeline classification criterion.\n\t(2)\tA classification decision or reclassification decision must—\n\t(d)\tbe made publicly available in accordance with the Rules.\n120—Effect of classification decision or reclassification decision\nOn the making of a classification decision or reclassification decision, a pipeline is—\n\t(a)\tif the pipeline is classified or reclassified as a distribution pipeline—a distribution pipeline; or\n\t(b)\tif the pipeline is classified or reclassified as a transmission pipeline—a transmission pipeline.\nPart 7—AER reviews into designated pipelines\n121—AER reviews\n\t(1)\tThe 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\t(2)\tA 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\t(3)\tA request under subsection (1) or (2) must be in writing.\n\t(4)\tOn 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\t(5)\tIn conducting a review under this section, the AER must—\n\t(a)\thave regard to—\n\t(i)\tthe national gas objective; and\n\t(ii)\twhether there has been a material change in competition in a market served by the designated pipeline; and\n\t(b)\tconsult, in accordance with the Rules, with the public.\n\t(6)\tOn the completion of a review under this section, the AER must prepare a report and—\n\t(a)\tgive the report to the MCE; and\n\t(b)\tpublish the report on its website.\n\t(7)\tThe AER must also give a copy of the report to the service provider that has requested the review.\nChapter 4—General requirements for provision of pipeline services\nPart A1—Preliminary\n130—Application of this Chapter\n\t(1)\tThis Chapter applies in relation to scheme pipelines and non‑scheme pipelines.\n\t(2)\tAlso, 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—\n\t(a)\tif—\n\t(i)\tthis Chapter, or the provision, is prescribed by the Regulations for the purposes of this subsection; and\n\t(ii)\tthe person—\n\t(A)\tis prescribed by the Regulations for the purposes of this subsection; or\n\t(B)\tis a member of a class of persons prescribed by the Regulations for the purposes of this subsection; and\n\t(b)\tsubject to any modifications prescribed by the Regulations for the purposes of this subsection.\nPart 1—General duties for provision of pipeline services by pipelines\n131—Service provider must be legal entity of a specified kind to provide pipeline services\nA service provider must not provide a pipeline service by means of a pipeline unless the service provider is—\n\t(a)\ta legal entity registered under the Corporations Act 2001 of the Commonwealth; or\n\t(b)\ta foreign company; or\n\t(c)\ta 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\t(d)\tthe Crown in right of this jurisdiction or another participating jurisdiction; or\n\t(e)\ta 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).\n133—Preventing or hindering access\n\t(1)\tA person who is—\n\t(a)\ta service provider; or\n\t(b)\ta person who—\n\t(i)\tis a party to an agreement with a service provider relating to a pipeline service provided by means of a pipeline; or\n\t(ii)\tas a result of an access determination is entitled to a pipeline service provided by means of a pipeline; or\n\t(c)\tan 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.\n\t(2)\tFor the purposes of subsection (1), a person is deemed to engage in conduct for a particular purpose if—\n\t(a)\tthe conduct is or was engaged in for that purpose or for a purpose that includes, or included, that purpose; and\n\t(b)\tthat purpose is or was a substantial purpose.\n\t(3)\tA 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\t(4)\tSubsection (3) does not limit the manner in which the purpose of a person may be established for the purpose of subsection (1).\n\t(a)\ta reference to engaging in conduct is a reference to doing or refusing to do any act, including the following—\n\t(i)\trefusing to supply a pipeline service;\n\t(ii)\twithout reasonable grounds, limiting or disrupting a pipeline service;\n\t(iii)\tmaking, 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\t(i)\trefraining (otherwise than inadvertently) from doing that act; or\n\t(ii)\tmaking it known that that act will not be done.\n\t(6)\tSubsection (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.\n135—Service provider must comply with queuing requirements\nA service provider must comply with the queuing requirements of an applicable access arrangement or the Rules.\n136—Compliance with pipeline interconnection principles\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.\n136A—Prohibition against increasing charges to subsidise particular development\n\t(1)\tThis section applies to a service provider for a transmission pipeline, other than a pipeline within a declared transmission system.\n\t(2)\tThe 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\t(3)\tHowever, subsection (2) does not apply to a service provider if the service provider is exempt from complying with subsection (2) under the Rules.\n\t(4)\tNothing 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.\n136B—Prohibition on bundling of services\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.\n136C—Service providers must publish prescribed transparency information\n\t(1)\tA service provider must—\n\t(a)\tpublish 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\t(b)\tensure the prescribed transparency information is published in accordance with the Rules.\n\t(2)\tHowever, subsection (1) does not apply to a service provider if the service provider is exempt from complying with subsection (1) under the Rules.\nPart 2—Structural and operational separation requirements (ring fencing)\n137—Definitions\nadditional ring fencing requirement has the meaning given by section 143(1);\nmarketing staff has the meaning given by section 138;\nrelated business means the following:\n\t(a)\tthe provision of a blend processing service;\n\t(b)\tthe business of producing primary gas, processable gas or biogas;\n\t(c)\tthe 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—\n\t(i)\tfor the safe and reliable operation of a pipeline; or\n\t(ii)\tto enable a service provider to provide balancing services in connection with a pipeline.\n138—Meaning of marketing staff\n\t(1)\tA person is marketing staff of—\n\t(a)\ta service provider, if the person—\n\t(i)\tis an officer, employee, consultant or independent contractor or agent of the service provider; and\n\t(ii)\tis directly involved in the sale, marketing or advertising of pipeline services (whether or not the person is also involved in other activities);\n\t(b)\tan associate of a service provider, if the person—\n\t(i)\tis an officer, employee, consultant or independent contractor or agent of the associate; and\n\t(ii)\tis directly involved in the sale, marketing or advertising of pipeline services (whether or not the person is also involved in other activities).\n\t(2)\tA person is not marketing staff of a service provider, or an associate of a service provider, if—\n\t(a)\tthe 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\t(b)\tthe 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.\nDivision 2—Minimum ring fencing requirements\n139—Carrying on of related businesses prohibited\nA service provider must not carry on a related business.\n140—Marketing staff and the taking part in related businesses\n\t(1)\tA 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\t(2)\tA 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.\n141—Accounts that must be prepared, maintained and kept\nA service provider must prepare, maintain and keep—\n\t(a)\tseparate accounts in respect of pipeline services provided by means of every pipeline owned, operated or controlled by the service provider; and\n\t(b)\ta consolidated set of accounts in respect of the whole of the business of the service provider.\nDivision 3—Additional ring fencing requirements\n142—Division does not limit operation of Division 2\nThis Division does not limit Division 2.\n143—AER ring fencing determinations\n\t(1)\tSubject 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\t(2)\tIn specifying an additional ring fencing requirement the AER must have regard to the following principles:\n\t(a)\tin 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\t(b)\tin 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\t(c)\tusers and prospective users should have sufficient information in order to understand whether a service provider is complying with paragraph (a) or (b).\n\t(3)\tThe AER must—\n\t(a)\tnotify, in writing, the service provider or associate named in the AER ring fencing determination of the making of that determination; and\n\t(b)\tgive the service provider or associate a copy of the AER ring fencing determination.\n\t(4)\tAn 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\t(5)\tA 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\t(6)\tA 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.\n144—AER to have regard to likely compliance costs of additional ring fencing requirements\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—\n\t(a)\tan efficient service provider; or\n\t(b)\tan efficient associate of a service provider,\nin complying with an additional ring fencing requirement specified in the determination.\n145—Types of ring fencing requirements that may be specified in an AER ring fencing determination\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—\n\t(a)\tensure that its business and business activities are conducted, structured and arranged in the particular manner specified;\nExample 1—\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.\nExample 2—\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.\n\t(b)\tin 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.\nDivision 4—Associate contracts\n147—Service provider must not enter into or give effect to associate contracts that have anti-competitive effect\nA service provider must not—\n\t(a)\tenter into an associate contract that has; or\n\t(b)\tvary an associate contract so that contract, as varied, has; or\n\t(c)\tgive 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—\n\t(d)\tthat associate contract is an approved associate contract; or\n\t(e)\tthat provision is contained in an approved associate contract.\n148—Service provider must not enter into or give effect to associate contracts inconsistent with competitive parity rule\n\t(1)\tA service provider must not—\n\t(a)\tenter into an associate contract that is; or\n\t(b)\tvary an associate contract so that contract, as varied, is; or\n\t(c)\tgive effect to a provision of an associate contract that is,\ninconsistent with the competitive parity rule unless—\n\t(d)\tthat associate contract is an approved associated contract; or\n\t(e)\tthat provision is contained in an approved associate contract.\n\t(2)\tFor 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.\nDivision 5—Exemptions from particular requirements\n148AA—Exemptions from section 147(c)\n\t(1)\tSection 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—\n\t(a)\tif 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\t(b)\tif 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\t(c)\tif 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.\nprescribed primary gas means a gas—\n\t(a)\tprescribed by the Regulations for the purpose of paragraph (e) of the definition of primary gas; or\n\t(b)\tprescribed by a local regulation for the purpose of paragraph (f) of the definition of primary gas;\nrelevant covered gas means the following:\n\t(a)\tbiomethane;\n\t(b)\thydrogen;\n\t(c)\tsynthetic methane;\n\t(d)\ta gas blend.\n148A—Exemptions from particular requirements\n\t(1)\tThe Rules may provide for exemptions from the requirements under section 139, 140, 141, 147 or 148.\n\t(2)\tAn exemption may be given subject to conditions.\n\t(3)\tWithout limiting the conditions that may be imposed under subsection (2), an exemption may be given subject to conditions requiring a service provider to—\n\t(a)\tensure that its business and business activities are conducted, structured and arranged in the particular manner specified in the exemption; or\n\t(b)\tdisclose, in the manner specified in the exemption, to the AER and to the public, specified information about its business activities, operations, structure and arrangements.\nPart 3—Negotiation of access\n148B—Definition\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.\n148C—Access proposals\nA service provider must comply with the Rules relating to access to a relevant pipeline service made for the purposes of this section.\n148D—Duty to negotiate in good faith\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—\n\t(a)\twhether access can be granted to the user or prospective user; and\n\t(b)\tif access is to be granted—the terms and conditions for the provision of access to the user or prospective user.\nPart 4—AER reviews about application of this Chapter\n148E—AER reviews about application of this Chapter\n\t(1)\tThe 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\t(2)\tA request under subsection (1) must be in writing.\n\t(3)\tOn receiving a request under this section, the AER must conduct the review.\n\t(4)\tIn conducting a review under this section, the AER must—\n\t(a)\thave regard to—\n\t(i)\tthe national gas objective; and\n\t(ii)\tthe effect the application of this Chapter, or a provision of this Chapter, to another person or class of persons would have on—\n\t(A)\tthe promotion of access to pipeline services and any other benefits that may be associated with the application; and\n\t(B)\tthe costs that are likely to be incurred by the person or class of persons if they were operating efficiently; and\n\t(b)\tconsult, in accordance with the Rules, with the public.\n\t(5)\tOn the completion of a review under this section, the AER must prepare a report and—\n\t(a)\tgive the report to the MCE; and\n\t(b)\tpublish the report on its website.\nChapter 5—Access disputes\nPart 1—Interpretation and application\n149—Definitions\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.\n150—Application of this Chapter to disputes arising under the Rules\n\t(1)\tThe 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\t(2)\tThis section applies subject to any modification of the provisions of this Chapter specified in the Rules.\n151—Chapter does not limit how disputes about access may be raised or dealt with\nThis Chapter does not limit how a dispute about access to a pipeline service may be raised or dealt with.\nPart 2—Notice of access dispute and other provisions\nDivision 1—Notice of access dispute\n152—Notice of access dispute\n\t(1)\tThis section applies if there is an access dispute between a user or prospective user and a service provider.\n\t(2)\tThe user, prospective user or service provider may give a notice in writing to the following entity that the access dispute exists—\n\t(a)\tfor a scheme pipeline access dispute—the dispute resolution body;\n\t(b)\tfor a non‑scheme pipeline access dispute—the AER.\n\t(3)\tA notice given under subsection (2) must—\n\t(a)\tinclude information about—\n\t(i)\tthe matters (if any) on which agreement has been reached; and\n\t(ii)\tthe matters that are in dispute; and\n\t(iii)\tany other matter specified by the Rules; and\n\t(b)\tbe accompanied by—\n\t(i)\tif an access dispute is a scheme pipeline access dispute—the fee prescribed by the Regulations (if any); or\n\t(ii)\tif 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\t(c)\tbe 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\t(4)\tThe 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.\n153—Withdrawal of notice\nSubject to the Rules, a notice given under section 152 may be withdrawn—\n\t(a)\tin accordance with the Rules; and\n\t(b)\tat any time before an access determination is made in relation to the dispute.\nDivision 2—Parties to an access dispute\n154—Parties to an access dispute\n\t(1)\tThe parties to an access dispute are—\n\t(a)\tthe parties to any negotiations that gave rise to the access dispute; and\n\t(b)\tif 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\t(c)\tif 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\t(d)\tif 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.\nuser association means an association or body, whether incorporated or not—\n\t(a)\tthe members of which include more than 1 user or prospective user; and\n\t(b)\tthat represents and promotes the interests of those members in relation to the provision of pipeline services.\nPart 3—Alternative dispute resolution for access disputes\nDivision 1—Alternative dispute resolution for scheme pipeline access disputes\n155—Dispute resolution body may require parties to engage in alternative dispute resolution\n\t(1)\tThis section applies if the dispute resolution body receives a notice of a scheme pipeline access dispute under section 152.\n\t(2)\tThe 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\t(3)\tA party must comply with a requirement under subsection (2).\nDivision 2—Mediation of access disputes involving small shippers\n156—Small shipper may elect to have access dispute mediated\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.\n157—Appointment of mediator\n\t(1)\tThis section applies if a small shipper makes an election under section 156.\n\t(2)\tThe parties to the access dispute may agree to appoint, in accordance with the Rules, a mediator to resolve the dispute.\n\t(3)\tIf the parties do not agree to the appointment of a mediator within a period specified by the Rules, the AER must—\n\t(a)\tconsult with the parties to the dispute about the appointment of a mediator; and\n\t(b)\tafter consultation, appoint a mediator the AER considers appropriate for the dispute.\n\t(4)\tA mediator must be a person who—\n\t(a)\tis independent of the parties to the dispute; and\n\t(b)\tis properly qualified to act in the resolution of the dispute; and\n\t(c)\thas no direct or indirect interest in the outcome of the dispute.\n\t(5)\tIf 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\t(6)\tHowever, 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\t(7)\tIf 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.\n158—Party's lawyer may be present at mediation\nA party to a mediation may have a lawyer present at the mediation.\nPart 4—Arbitration of non‑scheme pipeline access disputes\n159—Reference of non‑scheme pipeline access dispute to arbitration\n\t(1)\tThis section applies if the AER receives a notice of a non‑scheme pipeline access dispute under section 152.\n\t(2)\tThe AER must refer the dispute to arbitration.\n\t(3)\tThe AER must give notice of the referral of an access dispute to arbitration to—\n\t(a)\tthe parties to the access dispute; and\n\t(b)\tif relevant, any other person who will be a party to the access dispute.\n\t(4)\tHowever, this section applies subject to section 156.\n160—Appointment of arbitrator\n\t(1)\tThis section applies if a non‑scheme pipeline access dispute is referred to arbitration under section 159.\n\t(2)\tThe parties to the access dispute may agree to appoint, in accordance with the Rules, an arbitrator to resolve the dispute.\n\t(3)\tIf the parties do not agree to the appointment of an arbitrator within a period specified by the Rules, the AER must—\n\t(a)\tconsult with the parties to the dispute about the appointment of an arbitrator; and\n\t(b)\tafter consultation, appoint an arbitrator the AER considers appropriate for the dispute.\n\t(4)\tAn arbitrator must be a person who—\n\t(a)\tis independent of the parties to the dispute; and\n\t(b)\tis properly qualified to act in the resolution of the dispute; and\n\t(c)\thas no direct or indirect interest in the outcome of the dispute.\n\t(5)\tIf 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\t(6)\tHowever, 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).\nPart 5—Access determination\nDivision 1—Determination of access disputes generally\n161—Determination of access dispute\n\t(1)\tUnless 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\t(2)\tIn making an access determination, the relevant adjudicator must comply with this Chapter and the Rules.\n\t(3)\tAn 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\t(4)\tThe Rules may also, in connection with the making of an access determination, contain provisions for or with respect to such things as—\n\t(a)\tthe form of any determination; and\n\t(b)\tthe content of any determination, including as to the giving of reasons; and\n\t(c)\tthe time within which a determination must be made; and\n\t(d)\tthe process for making a determination; and\n\t(e)\twhen a determination takes effect; and\n\t(f)\tthe giving of notice of the making of a determination; and\n\t(g)\tthe 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.\n162—Matters to be taken into account for access disputes\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.\n163—Restrictions on access determinations\n\t(1)\tAn access determination must not have any of the following effects:\n\t(a)\tpreventing 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\t(b)\tpreventing 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\t(c)\tdepriving a person of a relevant protected contractual right.\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—\n\t(a)\tprevents a service provider supplying pipeline services to persons who are not parties to the contract; or\n\t(b)\tlimits 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.\n164—Access determinations and part contributions of capital to fund installations or the construction of new facilities\n\t(1)\tIn 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\t(2)\tWithout limiting section 74, the Rules may—\n\t(a)\tspecify the matters that the relevant adjudicator must address in making that access determination; and\n\t(b)\tspecify the content of that access determination.\nDivision 2—Particular provisions relating to scheme pipeline access disputes\n165—Access determination must give effect to applicable access arrangement\n\t(1)\tThis section applies subject to sections 161, 164 and 166 and any Rules made for the purposes of this Part.\n\t(2)\tIn 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)—\n\t(a)\tapplying to the pipeline services provided, or to be provided, by means of the access dispute pipeline; and\n\t(b)\tin effect at the time the determination is made.\n\t(3)\tSubsection (2) applies even though the relevant applicable access arrangement may not have been in force when notice of the access dispute was given.\n166—Rules may allow determination that varies applicable access arrangement for installation of a new facility\n\t(1)\tThis section applies in relation to an access determination for a scheme pipeline access dispute that requires—\n\t(a)\ta service provider to install or construct a new facility to expand the capacity of the access dispute pipeline; and\n\t(b)\tthe 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\t(2)\tWithout limiting section 74, the Rules may—\n\t(a)\tconfer a function or power on the dispute resolution body, when making the access determination, to vary the applicable access arrangement; and\n\t(b)\tspecify the matters that the dispute resolution body must address in making the access determination; and\n\t(c)\tspecify the kinds of variations that may be made to the applicable access arrangement; and\n\t(d)\tspecify the content of the access determination.\nPart 6—Variation of access determinations\n167—Variation of access determination—scheme pipeline disputes\n\t(1)\tThis section applies in relation to an access determination for a scheme pipeline access dispute.\n\t(2)\tThe 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.\n\t(3)\tSection 163 applies to a variation under this section as if—\n\t(a)\tan 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\t(b)\tthe variation were the making of an access determination in the terms of the varied determination.\n168—Variation of access determination—non‑scheme pipeline disputes\n\t(1)\tThis section applies in relation to an access determination for a non‑scheme pipeline access dispute.\n\t(2)\tThe access determination may be varied by agreement between all parties to the access determination.\n\t(3)\tThe Rules may also contain provisions with respect to seeking variations to an access determination.\n\t(4)\tThe 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.\nPart 7—Termination of access dispute\n169—Relevant adjudicator may terminate access dispute in particular circumstances\n\t(1)\tThe relevant adjudicator for an access dispute may at any time terminate the access dispute (without making an access determination) if—\n\t(a)\tthe notice of dispute given under section 152 is withdrawn; or\n\t(b)\tthe relevant adjudicator considers that—\n\t(i)\tthe 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\t(ii)\tthe notice of the access dispute was vexatious; or\n\t(iii)\tthe subject matter of the dispute is trivial, misconceived or lacking in substance; or\n\t(iv)\tthe party who notified the access dispute did not negotiate in good faith; or\n\t(v)\ta specified dispute termination circumstance has occurred; or\n\t(vi)\tthere is some other good reason why the dispute should be terminated.\n\t(2)\tSubject 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\t(3)\tFurthermore, 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.\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).\n","sortOrder":42},{"sectionNumber":"Part 8","sectionType":"part","heading":"Compliance with access determinations","content":"Part 8—Compliance with access determinations\n170—Compliance with access determination\n\t(1)\tSubject to the Rules and subsection (2)—\n\t(a)\ta party to a scheme pipeline access dispute in respect of which an access determination is made must comply with the access determination; and\n\t(b)\tan 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.\n\t(2)\tA user or prospective user of a pipeline service to which an access determination relates is not bound to seek access to the service.\n\t(3)\tHowever, 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.\n171—Subsequent service providers bound by access determinations\n\t(1)\tAn 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.\nsubsequent service provider means a service provider (other than the service provider to whom the access determination applies) who provides pipeline services—\n\t(a)\tthe subject of the access dispute; and\n\t(b)\tin respect of which the access determination was made.\n","sortOrder":43},{"sectionNumber":"Part 9","sectionType":"part","heading":"Access dispute hearing procedure","content":"Part 9—Access dispute hearing procedure\n172—Part applies subject to any modifications prescribed by the Regulations\nThis Part applies subject to any modifications prescribed by the Regulations.\n173—Fast track resolution process—scheme pipeline access disputes\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.\n174—Hearing to be in private\n\t(1)\tA dispute hearing is to be in private.\n\t(2)\tHowever, if the parties agree, a dispute hearing or part of a dispute hearing may be conducted in public.\n\t(3)\tThe 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\t(4)\tIn giving directions under subsection (3), the relevant adjudicator must have regard to the wishes of the parties and the need for commercial confidentiality.\n175—Right to representation\nIn a dispute hearing, a party may appear in person or be represented by another person.\n176—Procedure of relevant adjudicator\n\t(1)\tIn a dispute hearing the relevant adjudicator for an access dispute—\n\t(a)\tis not bound by technicalities, legal forms or rules of evidence; and\n\t(b)\tmust 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\t(c)\tmay inform itself about any matter relevant to the access dispute in any way it thinks appropriate.\n\t(2)\tThe 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\t(3)\tThe 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\t(4)\tThe relevant adjudicator may determine that a dispute hearing is to be conducted by—\n\t(a)\ttelephone; or\n\t(b)\tclosed circuit television; or\n\t(c)\tany other means of communication.\n\t(5)\tThe Rules may make further provision about the procedure for the conduct of dispute hearings.\n177—Particular powers of relevant adjudicator in a hearing\n\t(1)\tThe relevant adjudicator for an access dispute may do any of the following things for the purpose of determining the access dispute:\n\t(a)\tgive a direction in the course of, or for the purpose of, a dispute hearing;\n\t(b)\thear and determine the access dispute in the absence of a party who has been given notice of the dispute hearing;\n\t(c)\tsit at any place;\n\t(d)\tadjourn to any time and place;\n\t(e)\trefer any matter to an independent expert and accept the expert's report as evidence.\n\t(2)\tThe relevant adjudicator may make an interim determination.\n178—Role of a dispute resolution expert\n\t(1)\tThis 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\t(2)\tThe expert is to be appointed on terms and conditions determined by the relevant adjudicator for the access dispute.\n\t(3)\tThe expert must report to the relevant adjudicator in accordance with the requirements of the relevant adjudicator.\n\t(4)\tThe independent expert must—\n\t(a)\thave knowledge and experience that is relevant to the matter; and\n\t(b)\tnot have any material direct or indirect interest or association that compromises, or is likely to compromise, the impartiality of the expert; and\n\t(c)\tdisclose 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.\n179—Disclosure of information\n\t(1)\tThe 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\t(2)\tA person must not, without reasonable excuse, refuse or fail to comply with an order under subsection (1).\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.\n180—Power to take evidence on oath or affirmation\n\t(1)\tThe 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\t(2)\tThe relevant adjudicator may summon a person to appear before the relevant adjudicator to—\n\t(a)\tgive evidence; or\n\t(b)\tproduce such documents (if any) as are referred to in the summons; or\n\t(c)\tgive evidence and produce such documents (if any) as are referred to in the summons.\n\t(3)\tThe powers in this section may be exercised only for the purposes of hearing and determining the access dispute.\n181—Failing to attend as a witness\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—\n\t(a)\tfail to attend as required by the summons; or\n\t(b)\tfail 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.\n182—Failing to answer questions etc\n\t(1)\tA 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—\n\t(a)\trefuse or fail to be sworn or to make an affirmation; or\n\t(b)\trefuse or fail to answer a question that the person is required to answer by the relevant adjudicator; or\n\t(c)\trefuse 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.\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.\n\t(2)\tIt 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—\n\t(a)\ttend to incriminate the person; or\n\t(b)\texpose the person to a criminal penalty.\n\t(3)\tSubsection (2) does not limit what is a reasonable excuse for the purposes of subsection (1).\n183—Intimidation etc\nA person must not—\n\t(a)\tthreaten, intimidate or coerce another person; or\n\t(b)\tcause or procure damage, loss or disadvantage to another person,\nbecause that other person—\n\t(c)\tproposes to produce, or has produced, documents to the relevant adjudicator for a dispute hearing; or\n\t(d)\tproposes 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.\n184—Particular powers of a relevant adjudicator in a hearing\n\t(1)\tA party in a dispute hearing may—\n\t(a)\tinform 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\t(b)\trequest the relevant adjudicator not to give a copy of the relevant part of the document to another party.\n\t(2)\tOn receiving a request, the relevant adjudicator must—\n\t(a)\tinform 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\t(b)\task the other party or parties whether there is any objection to the relevant adjudicator complying with the request.\n\t(3)\tIf 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\t(4)\tThe relevant adjudicator must consider—\n\t(a)\ta request; and\n\t(b)\tany objection; and\n\t(c)\tany further submissions that any party has made in relation to the request.\n\t(5)\tAfter considering the matters mentioned in subsection (4), the relevant adjudicator may decide—\n\t(a)\tnot 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\t(b)\tto give the other party or another specified party a copy of the whole, or part, of the relevant part of the document subject to—\n\t(i)\ta 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\t(ii)\tany other condition the relevant adjudicator considers appropriate.\n","sortOrder":44},{"sectionNumber":"Part 10","sectionType":"part","heading":"Costs","content":"Part 10—Costs\nDivision 1—Scheme pipeline access disputes\n185—Costs—scheme pipeline access disputes\n\t(1)\tEach 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\t(2)\tAt 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\t(3)\tThe dispute resolution body may make an order under subsection (2) only if satisfied that it is fair to do so, having regard to—\n\t(a)\twhether a party has conducted the dispute hearing in a way that unnecessarily disadvantaged another party by conduct such as—\n\t(i)\tfailing to comply with an order or direction of the dispute resolution body without reasonable excuse; or\n\t(ii)\tfailing to comply with this Law, the Regulations or the Rules; or\n\t(iii)\tasking for an adjournment as a result of subparagraph (i) or (ii); or\n\t(iv)\tcausing an adjournment; or\n\t(v)\tattempting to deceive another party or the dispute resolution body; or\n\t(vi)\tvexatiously conducting an access dispute; and\n\t(b)\twhether a party has been responsible for prolonging unreasonably the time taken to complete the dispute hearing; and\n\t(c)\tthe 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\t(d)\tthe nature and complexity of the access dispute; and\n\t(e)\tany other matter the dispute resolution body considers relevant.\n\t(4)\tA party to whom an order made under subsection (2) is directed must comply with the order.\n\t(5)\tIf 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\t(6)\tBefore making an order under subsection (5), the dispute resolution body must give the representative a reasonable opportunity to be heard.\n\t(7)\tA representative of a party to whom an order made under subsection (5) is directed must comply with the order.\n\t(8)\tIf 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\t(9)\tIf the dispute resolution body makes an order for costs, the dispute resolution body may fix the amount of costs itself.\n\t(10)\tThis 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.\n186—Outstanding costs are a debt due to party awarded the costs—scheme pipelines\nCosts that are payable under section 185(4) or (7)—\n\t(a)\tare a debt due to the party to whom the dispute resolution body has ordered that they be paid; and\n\t(b)\tmay be recovered by that party in a court of competent jurisdiction.\n187—Regulations about the costs to be paid by parties to access dispute—scheme pipelines\nThe Regulations may provide for the dispute resolution body to—\n\t(a)\tcharge the parties to an access dispute for its costs in the access dispute; and\n\t(b)\tapportion those costs between the parties.\nDivision 2—Non‑scheme pipeline disputes\n188—Costs of arbitration of non‑scheme pipeline disputes\n\t(1)\tThis section applies in relation to the parties to an arbitration of a non‑scheme pipeline dispute conducted under this Chapter.\n\t(2)\tDespite any other provision of this Chapter, the parties to the arbitration bear their own costs.\n\t(3)\tThe 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\t(4)\tThe 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\t(5)\tCosts that are payable to the arbitrator under this section—\n\t(a)\tare a debt due by the party to the arbitrator; and\n\t(b)\tmay be recovered by the arbitrator in a court of competent jurisdiction.\nDivision 3—Mediation of access disputes involving small shippers\n189—Costs of mediation of access disputes involving small shippers\n\t(1)\tThis section applies in relation to an access dispute involving small shippers that is referred to mediation under this Chapter.\n\t(2)\tThe parties to the mediation bear their own costs.\n\t(3)\tThe 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\t(4)\tSubsections (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\t(5)\tCosts that are payable to the mediator under this section—\n\t(a)\tare a debt due by the party to the mediator; and\n\t(b)\tmay be recovered by the mediator in a court of competent jurisdiction.\n","sortOrder":45},{"sectionNumber":"Part 11","sectionType":"part","heading":"Joint access dispute hearings—scheme pipeline disputes","content":"Part 11—Joint access dispute hearings—scheme pipeline disputes\n190—Definition\nnominated disputes has the meaning given by section 191(2).\n191—Joint dispute hearing\n\t(a)\tthe dispute resolution body is conducting 2 or more dispute hearings in relation to scheme pipeline access disputes at a particular time; and\n\t(b)\tone or more matters are common to the access disputes in relation to which the dispute hearings are being conducted.\n\t(2)\tThe 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\t(3)\tThe 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.\n192—Consulting the parties\n\t(1)\tBefore 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—\n\t(a)\tspecifying what the dispute resolution body is proposing to do; and\n\t(b)\tinviting 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\t(2)\tThe dispute resolution body must have regard to any submission so made in deciding whether to do so.\n\t(3)\tThe dispute resolution body may also have regard to any other matter it considers relevant.\n193—Constitution and procedure of dispute resolution body for joint dispute hearings\nPart 9 applies to the joint dispute hearing in a corresponding way to the way in which it applies to a particular dispute hearing.\n194—Record of proceedings etc\n\t(1)\tThe 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\t(2)\tThe 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—\n\t(a)\thave regard to any record of the proceedings of the joint dispute hearing; and\n\t(b)\tadopt any findings of fact made by the dispute resolution body as constituted for the purposes of the joint dispute hearing.\n","sortOrder":46},{"sectionNumber":"Part 12","sectionType":"part","heading":"Miscellaneous matters","content":"Part 12—Miscellaneous matters\n195—Correction of access determinations for clerical mistakes etc\n\t(1)\tThis section applies if an access determination contains—\n\t(a)\ta clerical mistake; or\n\t(b)\tan error arising from an accidental slip or omission; or\n\t(c)\ta material miscalculation of figures or a material mistake in the description of any person, thing or matter referred to in the determination; or\n\t(d)\ta defect in form.\n\t(2)\tSubject to the Rules, the relevant adjudicator for the access dispute the subject of the dispute hearing may correct the determination.\n196—User's existing capacity rights during an access dispute\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.\n","sortOrder":47},{"sectionNumber":"Part 5A","sectionType":"part","heading":"Third‑party access obligations for non‑pipeline facilities","content":"Chapter 5A—Third‑party access obligations for non‑pipeline facilities\nPart 1—Information transparency\n197—Definitions\nfacility means the following:\n\t(a)\ta blend processing facility;\n\t(b)\ta compression service facility;\n\t(c)\ta storage facility;\n\t(d)\ta facility, other than a pipeline, prescribed by the Regulations for the purpose of this definition;\nprovider means the following:\n\t(a)\ta blend processing service provider;\n\t(b)\ta compression service provider;\n\t(c)\ta storage provider;\n\t(d)\tthe owner, operator or controller of a facility prescribed for the purpose of paragraph (d) of the definition of facility.\n198—Information and transparency requirements relating to facilities\n\t(1)\tWithout limiting any other provision, the Rules may provide for—\n\t(a)\tthe collection, disclosure, verification, management and publication of information in relation to services that may be provided by means of a facility; and\n\t(b)\twithout 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:\n\t(i)\tthe terms and conditions on which the provider is prepared to make the facility available for use by others;\n\t(ii)\tthe procedures that the provider will apply in determining a proposal for access to the facility;\n\t(iii)\trelevant prices, costs and methodologies associated with gaining access to, and using, a facility and relevant or related services;\n\t(iv)\taccess contracts and arrangements used, or required to be used, by the relevant provider; and\n\t(c)\twithout 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\t(d)\trequirements to ensure that information is accurate and complete; and\n\t(e)\tthe 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\t(2)\tNothing in subsection (1) limits any power to grant an exemption from complying with a provision, or part of a provision, of the Rules.\n199—Publication of information relating to facilities\nA person required by the Rules made under section 198 to publish information must do so in accordance with the Rules.\nPart 2—Access to certain facilities\n200—Definitions\nrelevant facility means—\n\t(a)\ta blend processing facility; or\n\t(b)\ta facility of a type prescribed by the Regulations for the purposes of this paragraph.\n201—Preventing or hindering access to relevant facilities\n\t(1)\tA 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\t(2)\tFor the purposes of subsection (1), a person is taken to engage in conduct for a particular purpose if—\n\t(a)\tthe conduct is, or was, engaged in for that purpose or for a purpose that includes, or included, that purpose; and\n\t(b)\tthat purpose is, or was, a substantial purpose.\n\t(3)\tA 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\t(4)\tSubsection (3) does not limit the manner in which the purpose of a person may be established for the purpose of subsection (1).\n\t(a)\ta reference to engaging in conduct is a reference to doing, or refusing to do, any act, including the following:\n\t(i)\trefusing to supply a service provided by means of a relevant facility;\n\t(ii)\twithout reasonable grounds, limiting or disrupting a service provided by means of a relevant facility;\n\t(iii)\tmaking, or giving effect to, a provision of a contract or arrangement;\n\t(iv)\tarriving at, or giving effect to, a provision of an understanding;\n\t(v)\trequiring the giving of, or giving, a covenant; and\n\t(i)\trefraining, otherwise than inadvertently, from doing the act; or\n\t(ii)\tmaking it known the act will not be done.\n\t(6)\tSubsection (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—\n\t(a)\tfor 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\t(b)\tfor conduct relating to any other type of facility—the agreement was in force immediately before the facility was prescribed as a relevant facility.\n202—Terms and conditions must not discriminate\n\t(1)\tA 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:\n\t(a)\tthe person's own operations, whether upstream or downstream; or\n\t(b)\tthe operations of an associate of the person.\n\t(2)\tSubsection (1) does not apply to the extent that the cost of providing a service to another person is higher.\n\t(3)\tThis section does not apply if the agreement setting the terms and conditions was in force immediately before—\n\t(a)\tfor a blend processing facility—the commencement of the Statutes Amendment (National Energy Laws) (Other Gases) Act 2023; or\n\t(b)\totherwise—the facility became a relevant facility.\n203—Duty to negotiate in good faith\n\t(1)\tA 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—\n\t(a)\twhether access can be granted to the user or prospective user; and\n\t(b)\tif access is to be granted—the terms and conditions for the provision of access to the user or prospective user.\n\t(2)\tWithout limiting any other provision, the Rules may make provision for or with respect to the following:\n\t(a)\tmaking and responding to a request for access;\n\t(b)\tthe negotiation framework;\n\t(c)\tthe 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\t(3)\tWhere 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\t(4)\tRules 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.\n204—Rules about ring fencing\n\t(1)\tThe Rules may make provision for matters relating to ring fencing the activities of providers, including the following:\n\t(a)\trequirements for the structural and operational separation of the activities of providers;\n\t(b)\tseparate accounting requirements for the activities of providers;\n\t(c)\tdealings by providers with associates.\nprovider means the following:\n\t(a)\ta blend processing service provider;\n\t(b)\tthe owner, operator or controller of a class of facility prescribed by the Regulations.\nChapter 7—The Gas Bulletin Board\nPart 1—AEMO to be Bulletin Board operator\n217—AEMO to be Bulletin Board operator\nAEMO is responsible for the operation of the Gas Bulletin Board.\n218—AEMO's obligation to maintain Bulletin Board\n\t(1)\tAEMO must maintain the Gas Bulletin Board.\n\t(2)\tThe Gas Bulletin Board—\n\t(a)\tmust be maintained as a website; and\n\t(b)\tmust contain information of the kind specified in the Rules in relation to the covered gas industry.\n\t(3)\tAEMO may replace the website with another website containing information of the kind specified in the Rules in relation to the covered gas industry.\n219—AEMO's other functions as operator of Gas Bulletin Board\nAEMO also has, in its capacity as operator of the Gas Bulletin Board, the following functions:\n\t(a)\tto collect and collate Bulletin Board information;\n\t(b)\tto collect and collate other information in relation to the covered gas industry for inclusion on the Gas Bulletin Board;\n\t(c)\tto derive from information of the type mentioned in paragraphs (a) and (b) information for inclusion on the Gas Bulletin Board;\n\t(d)\tsubject 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\t(e)\tto manage information of the type mentioned in paragraphs (a), (b) and (c);\n\t(f)\tthe 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.\n222—Fees for services provided\n\t(1)\tAEMO 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—\n\t(a)\tthe Gas Bulletin Board; or\n\t(b)\tBulletin Board information.\n\t(2)\tThe fee must not be such as to amount to taxation.\nPart 2—Bulletin Board information\n223—Obligation to give information to AEMO\n\t(1)\tA 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\t(2)\tThe information must be given to AEMO in accordance with the Rules.\n\t(4)\tSubsection (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\t(5)\tAEMO 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\t(6)\tSubsection (1) does not require—\n\t(b)\ta 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).\n224—Person cannot rely on duty of confidence to avoid compliance with obligation\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.\n225—Giving false or misleading information\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.\n226—Immunity of persons giving information to AEMO or AER\n\t(1)\tA 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\t(2)\tThe 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\t(a)\tprescribe a maximum amount that is limited in its application to persons, events, circumstances, losses or periods specified in the Regulations;\n\t(b)\tprescribe 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\t(4)\tA 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.\n226A—Provision of certain information to AER\n\t(1)\tWithout limiting any other provision, the Rules may provide for—\n\t(a)\trequirements 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\t(b)\trequirements to ensure that information satisfies the requirements of the Rules; and\n\t(c)\trequirements for the AER to publish information obtained under paragraph (a) on an anonymised basis.\n\t(2)\tThe 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.\nPart 3—BB Procedures\n227—BB Procedures\nAEMO may, in accordance with the Rules, make BB Procedures.\n228—Nature of BB Procedures\n\t(1)\tBB Procedures are a form of statutory instrument directed at the regulation of the Gas Bulletin Board.\n\t(2)\tThe BB Procedures may deal with the following matters:\n\t(b)\tany other matter relevant to the Gas Bulletin Board on which this Law or the Rules contemplate the making of Procedures.\n\t(3)\tThe BB Procedures—\n\t(c)\tmay confer rights or impose obligations; and\n\t(d)\tmay confer power on AEMO to make or issue guidelines, tests, standards and other documents of an administrative nature; and\n\t(e)\tmay confer power on AEMO to require a person on whom a right is conferred, or an obligation imposed, under the Procedure—\n\t(f)\tmay exempt, or confer a power of exemption, from the application of the Procedures or specified provisions of the Procedures; and\n\t(4)\tAEMO 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\t(5)\tThe BB Procedures cannot—\n228A—Compliance with BB Procedures\n\t(1)\tAEMO and each person to whom the BB Procedures are applicable must comply with the Procedures.\n\t(3)\tIf 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\t(4)\tA person to whom a direction is addressed under subsection (3) must comply with the direction.\n","sortOrder":48},{"sectionNumber":"Part 7A","sectionType":"part","heading":"Access to operational transportation services","content":"Chapter 7A—Access to operational transportation services\nPart 1—Standard terms for operational transportation services\n228B—Transportation service provider to publish standard OTSA\n\t(1)\tA 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—\n\t(a)\tthe 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\t(b)\tthe 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\t(2)\tA 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\t(3)\tA 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.\n228C—Formation of contracts on standard terms\n\t(1)\tA transportation service provider for a transportation facility must on request by any person made in respect of the transportation facility—\n\t(a)\tmake an offer to enter into the standard OTSA for the transportation facility in accordance with the Rules; and\n\t(b)\tif the offer is accepted, enter into the agreement in accordance with the Rules.\n\t(2)\tSubsection (1) does not apply to a transportation service provider in respect of a transportation facility—\n\t(a)\tif the provider is exempted from compliance with that subsection in respect of that transportation facility in accordance with the Rules; or\n\t(b)\tif 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\t(c)\tin other circumstances specified by the Rules.\n\t(3)\tA standard OTSA takes effect as a contract between the transportation service provider and another person when—\n\t(a)\tthe other person accepts the transportation service provider's offer to enter into the standard OTSA and enters into the OTSA; and\n\t(b)\tany pre-conditions to the formation of the contract are satisfied.\n\t(4)\tA contract formed in accordance with subsection (3) may be amended in accordance with its terms.\n\t(5)\tA contract formed in accordance with subsection (3) expires and may be terminated in accordance with its terms.\n228D—Exemptions from obligations under section 228B or 228C\n\t(1)\tA 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\t(2)\tA request under subsection (1) must be made in accordance with the Rules.\n\t(3)\tOn receipt of a request under subsection (1), the AER may, subject to the Rules, grant the person the exemption.\n\t(4)\tAn 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.\n228E—Requirements relating to standard OTSA\nWithout limiting any other provision, the Rules may make provision for or with respect to such things as—\n\t(a)\tthe time and manner of preparation and publication of a standard OTSA; and\n\t(b)\tthe form and content of a standard OTSA, including the transportation services that may be available for use under a standard OTSA; and\n\t(c)\toffers for, and entry into, a standard OTSA; and\n\t(d)\tamendments to a standard OTSA and contracts in the form of a standard OTSA; and\n\t(e)\tmatters of a savings or transitional nature.\n228F—Service provider may enter into agreements different from a standard OTSA\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.\nPart 2—Operational Transportation Service Code\n228G—Operational Transportation Service Code\nThe AER may, in accordance with the Rules—\n\t(a)\tamend the initial Operational Transportation Service Code; and\n\t(b)\tfrom time to time make subsequent amendments to the Code.\n228H—Nature of the Operational Transportation Service Code\n\t(1)\tThe Operational Transportation Service Code (the Code) is—\n\t(a)\tthe initial Operational Transportation Service Code; or\n\t(b)\tif 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\t(2)\tThe 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\t(3)\tThe Code may deal with the following matters:\n\t(b)\tany other matter relevant to a standard OTSA that this Law or the Rules contemplates being dealt with in the Code.\n\t(4)\tThe Code may specify provisions or classes of provisions that—\n\t(a)\tconfer rights or impose obligations under a standard OTSA; and\n\t(b)\tvary according to the persons, times, places or circumstances to which they are expressed to apply; and\n\t(c)\tmust be made by a transportation service provider in accordance with the Rules or Code and incorporated in a standard OTSA; and\n\t(d)\tmust not be included in a standard OTSA.\n\t(5)\tThe Code may contain provisions of a savings or transitional nature.\n\t(6)\tThe 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\t(7)\tThe Code cannot—\nPart 3—Other matters relating to access to operational transportation services\n228I—Service requirements may be specified in the Rules\nWithout limiting any other provision, the Rules may make provision for or with respect to the following:\n\t(a)\tprinciples that must be complied with when preparing terms and conditions for a standard OTSA;\n\t(b)\tcharges under a standard OTSA and review of those charges by the AER;\n\t(c)\tthe priority to be given to a transportation service;\n\t(d)\tthe 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\t(e)\tthe obligations of transportation service providers with respect to facilitating the operational transfer of transportation capacity;\n\t(f)\tthe use of an operational transportation service after termination or suspension of the contract from which the transportation capacity was first derived;\n\t(g)\trequests by a transportation facility user for changes to the point on a transportation facility where covered gas may be injected or withdrawn;\n\t(h)\tthe collection, recording and use of information about nominations and renominations for use of transportation services and the scheduling of that use.\n228J—When operational transfer must be offered \n\t(1)\tIf 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\t(2)\tIf 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.\n228K—Preventing or hindering access to operational transportation services\n\t(1)\tA person who is—\n\t(a)\ta transportation service provider; or\n\t(b)\ta transportation facility user; or\n\t(c)\tan 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.\n\t(2)\tFor the purposes of subsection (1), a person is deemed to engage in conduct for a particular purpose if—\n\t(a)\tthe conduct is or was engaged in for that purpose or for a purpose that includes, or included, that purpose; and\n\t(b)\tthat purpose is or was a substantial purpose.\n\t(3)\tA 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\t(4)\tSubsection (3) does not limit the manner in which the purpose of a person may be established for the purpose of subsection (1).\n\t(a)\ta reference to engaging in conduct is a reference to doing or refusing to do any act, including the following:\n\t(i)\trefusing to supply a transportation service or an operational transportation service;\n\t(ii)\twithout reasonable grounds, limiting or disrupting a transportation service or an operational transportation service or a transfer of transportation capacity;\n\t(iii)\tmaking, 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\t(i)\trefraining (otherwise than inadvertently) from doing that act; or\n\t(ii)\tmaking it known that that act will not be done.\n\t(6)\tSubsection (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.\n228L—Transportation service provider providing operational transportation services must not price discriminate\n\t(1)\tA transportation service provider must not engage in price discrimination when providing operational transportation services.\n\t(2)\tSubsection (1) does not apply if the transportation service provider engages in price discrimination that is conducive to efficient service provision.\nChapter 8—Proceedings under the National Gas Law\nPart 1—Proceedings generally\n229—Instituting civil proceedings under this Law\n\t(1)\tProceedings 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\t(2)\tThe AER may, in accordance with Chapter 8 Part 2, institute civil proceedings in respect of a breach of—\n\t(a)\ta provision of this Law that is not an offence provision (including a provision that is a civil penalty provision or conduct provision); or\n\t(b)\ta provision of the Regulations that is not an offence provision (including a provision that is a civil penalty provision or conduct provision); or\n\t(c)\ta provision of the Rules (including a provision that is a civil penalty provision or a conduct provision); or\n\t(d)\ta provision of the Procedures.\n\t(3)\tA 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.\n230—Time limits within which proceedings may be instituted\n\t(1)\tThe 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\t(2)\tA 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.\n","sortOrder":49},{"sectionNumber":"Part 1A","sectionType":"part","heading":"Enforceable undertakings","content":"Part 1A—Enforceable undertakings\n230A—Enforceable undertakings\n\t(1)\tThe 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\t(2)\tA person may withdraw or vary the undertaking at any time, but only with the consent of the AER.\n\t(3)\tIf 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\t(4)\tIf 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:\n\t(a)\tan order directing the person to comply with that term of the undertaking;\n\t(b)\tan 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\t(c)\tan 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\t(d)\tany other order that the Court considers appropriate.\nPart 2—Proceedings for breaches of this Law, Regulations, the Rules or the Procedures\n231—AER proceedings for breaches of this Law, Regulations or the Rules that are not offences\n\t(1)\tThe 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.\n\t(2)\tIf 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:\n\t(a)\tan 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\t(b)\tan order that the person cease, within a specified period, the act, activity or practice constituting the breach;\n\t(c)\tan 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\t(d)\tan order that the person implement a specified program for compliance with this Law, the Regulations, the Rules and the Procedures;\n\t(da)\tan 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\t(db)\tan order that the person, at the person's expense, engage—\n\t(i)\tanother person specified in the order; or\n\t(ii)\tanother 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;\n\t(dc)\tan 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—\n\t(i)\tan 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\t(ii)\tan order that the person revise the internal operations of the person's business that led to the person committing the breach;\n\t(dd)\tan order that the person—\n\t(i)\tdisclose, 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\t(ii)\tpublish, 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\t(e)\tan order of a kind prescribed by the Regulations.\n\t(2a)\tAn order under paragraph (db) of subsection (2) is not enforceable against a person mentioned in paragraph (db)(i) or (ii).\n\t(3)\tIf 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—\n\t(a)\trestraining the person from engaging in the conduct; and\n\t(b)\tif, in the Court's opinion, it is desirable to do so—requiring the person to do something.\n\t(4)\tThe 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—\n\t(a)\tif 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\t(b)\tif 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.\n232—Proceedings for declaration that a person has breached a conduct provision\n\t(1)\tThe Court may make an order, on application by a person other than the AER, declaring that another person has breached a conduct provision.\n\t(2)\tIf the order declares a person has breached a conduct provision, the order may include 1 or more of the following:\n\t(a)\tan order that the person cease, within a specified period, the act, activity or practice constituting the breach;\n\t(b)\tan 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\t(c)\tan order that the person implement a specified program for compliance with this Law, the Regulations and the Rules;\n\t(d)\tan order of a kind prescribed by the Regulations.\n\t(3)\tIf 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—\n\t(a)\trestraining the first mentioned person from engaging in the conduct; and\n\t(b)\tif, in the Court's opinion, it is desirable to do so—requiring the first mentioned person to do something.\n\t(4)\tThe 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—\n\t(a)\tif 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\t(b)\tif 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.\n233—Actions for damages by persons for breach of conduct provision\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.\nPart 3—Matters relating to breaches of this Law, the Regulations or the Rules\n234—Matters for which there must be regard in determining amount of civil penalty\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—\n\t(a)\tthe nature and extent of the breach; and\n\t(b)\tthe nature and extent of any loss or damage suffered as a result of the breach; and\n\t(ba)\twithout 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\t(c)\tthe circumstances in which the breach took place; and\n\t(d)\twhether 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\t(e)\twhether 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.\n235—Breach of a civil penalty provision is not an offence\nA breach of a civil penalty provision is not an offence.\n236—Breaches of civil penalty provisions involving continuing failure\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.\n237—Conduct in breach of more than 1 civil penalty provision\n\t(1)\tIf 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\t(2)\tHowever, 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.\n238—Persons involved in breach of civil penalty provision or conduct provision\n\t(1)\tA person must not—\n\t(a)\taid, abet, counsel or procure a breach of a civil penalty provision or conduct provision by another person; or\n\t(b)\tbe 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\t(2)\tThis 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.\n239—Attempt to breach a civil penalty provision\nA person who attempts to commit a breach of a civil penalty provision commits a breach of that provision.\n240—Civil penalties payable to the Commonwealth\nIf a person is ordered to pay a civil penalty, the penalty is payable to the Commonwealth.\nPart 4—Judicial review of decisions under this Law, the Regulations and the Rules\n241—Definition\nperson aggrieved includes a person whose interests are adversely affected.\n242—Applications for judicial review of decisions of the AEMC\n\t(1)\tA person aggrieved by—\n\t(a)\ta decision or determination of the AEMC under this Law, the Regulations or the Rules; or\n\t(b)\ta failure by the AEMC to make a decision or determination under this Law, the Regulations or the Rules; or\n\t(c)\tconduct 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.\n\t(2)\tUnless 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.\n243—Applications for judicial review of AEMO's decisions\n\t(1)\tA person aggrieved by—\n\t(a)\ta decision or determination of AEMO under this Law, the Rules or the Procedures; or\n\t(b)\ta failure by AEMO to make a decision or determination under this Law, the Rules or the Procedures; or\n\t(c)\tconduct 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.\n\t(2)\tUnless 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.\nPart 5—Merits review and other non-judicial review\n244—Definitions\napplicant means—\n\t(b)\ta person who makes an application under section 263;\ninformation disclosure decision means—\n\t(a)\ta decision to disclose information made by the AER under section 329; or\n\t(b)\ta decision to disclose information made by AEMO under section 91GH.\nreview under this Part means a review under Division 3.\nDivision 3—Tribunal review of information disclosure decisions\n263—Application for review\n\t(1)\tA person whose interests are adversely affected by an information disclosure decision may apply to the Tribunal for a review of the decision.\n\t(2)\tAn application must be made in the form and manner determined by the Tribunal.\n\t(3)\tAn application may only be made on the ground that—\n\t(a)\tthe decision was not made in accordance with law; or\n\t(b)\tthe decision is unreasonable having regard to all relevant circumstances.\n\t(4)\tThe 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\t(5)\tAn application under this section stays the operation of the decision until the earlier of—\n\t(a)\t20 business days; or\n\t(b)\tthe making of a determination by the Tribunal in respect of the application.\n264—Exclusion of public in certain cases\nOn the application of a party to a review under this Division, the Tribunal may conduct the review in the absence of the public.\n265—Determination in the review\n\t(1)\tSubject to this Part, on receipt of an application under section 263, the Tribunal must make a determination in respect of the application.\n\t(2)\tA determination under this section must only—\n\t(a)\taffirm the information disclosure decision; or\n\t(b)\tforbid disclosure by the AER or AEMO of the information or document to which the information disclosure decision relates; or\n\t(c)\trestrict, 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\t(3)\tFor 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\t(4)\tA 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).\n266—Tribunal must be taken to have affirmed decision if decision not made within time\n\t(1)\tThis 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\t(2)\tThe Tribunal must be taken to have made a determination under section 265 affirming the information disclosure decision to which the application relates.\n267—Assistance from AER or AEMO\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.\nDivision 4—General\n268—Costs in a review\n\t(1)\tSubject 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\t(2)\tThe 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—\n\t(a)\tthe costs that would have to be incurred by another party to the review as a result of that conduct; or\n\t(b)\tthe time required by—\n\t(i)\tthe Tribunal to hear the review as a result of that conduct; or\n\t(ii)\tanother party to prepare their case as a result of that conduct.\n269—Amount of costs\n\t(1)\tIf 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—\n\t(a)\ta party and party basis; or\n\t(b)\ta solicitor and client basis; or\n\t(c)\tan indemnity basis; or\n\t(d)\tany other basis as the Tribunal may decide.\nPart 5A—Dispute resolution under the Rules\n270B—Commercial Arbitration Acts to apply to proceedings before Dispute resolution panels\n\t(1)\tSubject 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.\nprocedural provisions of the Commercial Arbitration Act of this jurisdiction means the provisions prescribed by the Regulations for the purposes of this section.\n270C—Appeals on questions of law from decisions or determinations of Dispute resolution panels\n\t(1)\tA person who is a party to a rule dispute may appeal to the Court, on a question of law, against—\n\t(a)\ta decision or determination of a Dispute resolution panel; or\n\t(b)\ta decision that is classified under the Rules as an appealable decision.\n\t(2)\tSubject 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.\nreview provisions of the Commercial Arbitration Act of this jurisdiction means the provisions prescribed by the Regulations for the purposes of this section.\nPart 6—Enforcement of access determinations\n271—Enforcement of access determinations\n\t(1)\tIf 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:\n\t(a)\tan order granting an injunction on such terms as the Court thinks appropriate—\n\t(i)\trestraining the other party from engaging in the conduct; or\n\t(ii)\tif the conduct involves refusing or failing to do something—requiring the other party to do that thing;\n\t(b)\tan order directing the other party to compensate the applicant for loss or damage suffered as a result of the contravention;\n\t(c)\tany other order that the Court thinks appropriate.\n\t(2)\tThe 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\t(3)\tIf 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\t(4)\tA reference in this section to a person involved in the contravention is a reference to a person who has—\n\t(a)\taided, abetted, counselled or procured the contravention; or\n\t(b)\tinduced the contravention, whether through threats or promises or otherwise; or\n\t(c)\tbeen in any way (directly or indirectly) knowingly concerned in or a party to the contravention; or\n\t(d)\tconspired with others to effect the contravention.\n272—Consent injunctions\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.\n273—Interim injunctions\nThe Court may grant an interim injunction pending determination of an application under section 271.\n274—Factors relevant to granting a restraining injunction\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—\n\t(a)\tit appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; or\n\t(b)\tthe person has previously engaged in conduct of that kind; or\n\t(c)\tthere is an imminent danger of substantial damage to any person if the first mentioned person engages in conduct of that kind.\n275—Factors relevant to granting a mandatory injunction\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—\n\t(a)\tit 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\t(b)\tthe person has previously refused or failed to do that thing; or\n\t(c)\tthere is an imminent danger of substantial damage to any person if the first mentioned person refuses or fails to do that thing.\n276—Discharge or variation of injunction or other order\nThe Court may discharge or vary an injunction or order granted under this Part.\nPart 7—Infringement notices\n277—Power to serve notice\n\t(1)\tThe 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\t(2)\tThe 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\t(3)\tAn infringement notice may be served on a natural person—\n\t(a)\tby delivering it personally to the person; or\n\t(b)\tby sending it by post addressed to the person to their usual or last known place of residence or business.\n\t(4)\tAn infringement notice may be served on a person that is a body corporate—\n\t(a)\tby delivering it personally to the registered office or usual or last known place of business of the body corporate; or\n\t(b)\tby sending it by post addressed to the body corporate to its registered office or usual or last known place of business.\n278—Form of notice\nAn infringement notice must state—\n\t(a)\tthe date of the notice;\n\t(b)\tthat the alleged breach is a breach of the civil penalty provision;\n\t(c)\tthe nature, and a brief description, of the alleged breach;\n\t(d)\tthe date, time and place of the alleged breach;\n\t(e)\tthe infringement penalty for the alleged breach;\n\t(f)\tthe manner in which the infringement penalty may be paid;\n\t(g)\tthe 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\t(h)\tthat, 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\t(i)\tthat the person is entitled to disregard the notice and defend any proceedings in respect of the civil penalty provision;\n\t(j)\tany other particulars prescribed by the Regulations.\n279—Infringement penalties\n\t(1)\tIn 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).\n\t(2)\tThe infringement penalty for a breach of a civil penalty provision is—\n\t(a)\tin the case of a tier 3 civil penalty provision—\n\t(i)\tif 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\t(ii)\tif the breach is alleged to have been committed by a body corporate—\n\t(A)\tif 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\t(B)\tin any other case—$33 900 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision;\n\t(b)\tin the case of a tier 2 or tier 1 civil penalty provision—\n\t(i)\tif 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\t(ii)\tif 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\t(3)\tIn 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—\n\t(a)\tthe nature of the alleged breach; and\n\t(b)\tthe 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\t(c)\tthe extent to which the imposition of the higher infringement penalty would appear to be excessive in the circumstances; and\n\t(d)\tany 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.\n280—AER cannot institute proceedings while infringement notice on foot\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—\n\t(a)\tthe time for payment stated in the infringement notice has not expired; and\n\t(b)\tthe infringement notice has not been withdrawn by the AER in accordance with section 282.\n281—Late payment of penalty\nThe AER may accept payment of the infringement penalty even after the expiration of the time for payment stated in the infringement notice if—\n\t(a)\ta proceeding has not been instituted in respect of the breach to which the infringement penalty relates; and\n\t(b)\tthe infringement notice has not been withdrawn by the AER in accordance with section 282.\n282—Withdrawal of notice\n\t(1)\tThe 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\t(2)\tA withdrawal notice may be served on a natural person—\n\t(a)\tby delivering it personally to the person; or\n\t(b)\tby sending it by post addressed to the person to their usual or last known place of residence or business.\n\t(3)\tA withdrawal notice may be served on a person that is a body corporate—\n\t(a)\tby delivering it personally to the registered office or usual or last known place of business of the body corporate; or\n\t(b)\tby sending it by post addressed to the body corporate to its registered office or usual or last known place of business.\n\t(4)\tAn infringement notice may be withdrawn even if the infringement penalty has been paid.\n283—Refund of infringement penalty\nIf an infringement notice is withdrawn in accordance with section 282, the amount of any infringement penalty paid must be refunded by the AER.\n284—Payment expiates breach of civil penalty provision\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—\n\t(a)\tthe infringement penalty is—\n\t(i)\tpaid within the time for payment stated in the notice; and\n\t(ii)\tnot withdrawn by the AER within the time for payment stated in the notice in accordance with section 282; or\n\t(b)\tthe infringement penalty is accepted in accordance with section 281.\n285—Payment not to have certain consequences\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.\n286—Conduct in breach of more than 1 civil penalty provision\n\t(1)\tIf 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\t(2)\tHowever, the person is not liable to pay more than 1 infringement penalty in respect of the same conduct.\nPart 8—Further provision for corporate liability for breaches of this Law etc\n287—Definition\nbreach provision means an offence provision, a civil penalty provision or a conduct provision.\n288—Offences and breaches by corporations\n\t(1)\tIf 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\t(2)\tAn 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\t(3)\tNothing in this section affects the liability of a corporation for a contravention of a breach provision.\n289—Corporations also in breach if officers and employees are in breach\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.\nChapter 9—The making of the National Gas Rules\n290—Definitions\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—\n\t(b)\tAEMO;\n\t(c)\tthe ERA;\n\t(d)\tREMCo;\n\t(e)\ta person or body prescribed by Regulation to be a gas market regulatory body;\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;\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—\n\t(a)\ta market initiated proposed Rule; or\n\t(b)\ta proposal for an AEMC initiated Rule; or\n\t(c)\ta proposed more preferable Rule;\npublish means—\n\t(a)\tin 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\t(b)\tin relation to a decision under section 301(2)—publish on the AEMC's website and make available at the offices of the AEMC;\n\t(c)\tin 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\t(d)\tin 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\t(da)\tin relation to a notice setting out requirements imposed under section 314B—publish on the AEMC's website;\n\t(e)\tin 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\t(f)\tin relation to a report prepared under section 320—publish on the AEMC's website and make available at the offices of the AEMC;\nREMCo means the Retail Energy Market Company Ltd (ACN 103 318 556);\ntrial Rule means a Rule for the purposes of a trial project;\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—\n\t(a)\tthe effective operation or administration of a regulated gas market operated and administered by AEMO; or\n\t(b)\tthe supply of gas.\nDivision 2—Rule making tests\n291—Application of national gas objective\n\t(1)\tThe 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\t(2)\tFor 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.\n292—AEMC must take into account form of regulation factors in certain cases\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—\n\t(a)\tin making a Rule that—\n\t(i)\tspecifies a pipeline service as a reference service; or\n\t(ii)\tconfers 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\t(b)\tin revoking a Rule that has been made or is in force that—\n\t(i)\tspecifies a pipeline service as a reference service; or\n\t(ii)\tconfers 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.\n293—AEMC must take into account revenue and pricing principles in certain cases\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.\n293A—AEMC must take into account innovative trial principles in certain cases\nIn addition to complying with sections 291 to 293, the AEMC must take into account the innovative trial principles in making a trial Rule.\nPart 2—Minister initiated National Gas Rules\nDivision 1—Initial Rules made by Minister\n294—South Australian Minister to make initial National Gas Rules\n\t(1)\tThe 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—\n\t(a)\tany matter or thing referred to in section 74 and Schedule 1 to this Law;\n\t(b)\tmatters 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\t(2)\tIn subsection (1)—\nmatters of a transitional nature include matters of an application or savings nature.\n\t(3)\tAs soon as practicable after making Rules under subsection (1), the Minister referred to in that subsection must—\n\t(4)\tSection 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\t(5)\tThe notice referred to in subsection (3)(a) must state—\n\t(6)\tThe Rules made under subsection (1) may only be made on the recommendation of the MCE.\n\t(7)\tIf the Minister referred to in subsection (1) makes Rules under that subsection, the Minister cannot make another Rule under that subsection.\n294A—South Australian Minister to make initial Rules and Procedures related to AEMO's functions under this Law\n\t(1)\tThe 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)—\n\t(a)\tmay make Rules on any 1 or more of the following subjects:\n\t(i)\tAEMO's statutory functions (including the declared system functions);\n\t(ii)\tthe subject matter of a new head of power added to Schedule 1 by the AEMO amendments;\n\t(iii)\tany other subject contemplated by, or consequential on, the AEMO amendments; and\n\t(b)\tmay make Wholesale Market Procedures and Retail Market Procedures.\n\t(2)\tRules or Procedures may only be made under subsection (1) on the recommendation of the MCE.\n\t(4)\tSection 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\t(5)\tAs soon as practicable after making Rules or Procedures under subsection (1), the South Australian Minister must—\n\t(a)\tpublish 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\t(b)\tmake the Rules or Procedures publicly available.\n\t(6)\tThe 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\t(7)\tOnce 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\t(8)\tRules in the nature of a derogation may be made under this section even though no request has been made for the derogation.\n294B—South Australian Minister to make initial Rules related to AEMO's declared STTM functions\n\t(1)\tThe 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:\n\t(a)\tAEMO's STTM functions;\n\t(b)\tthe subject matter of a new head of power added to Schedule 1 by the STTM amendments;\n\t(c)\tany other subject contemplated by, or consequential on, the STTM amendments.\n\t(a)\tpublish 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\t(5)\tThe 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\t(7)\tRules in the nature of a derogation may be made under this section even though no request has been made for the derogation.\n294C—South Australian Minister may make initial Rules and Retail Market Procedures relating to implementation of NERL and NERR\n\t(1)\tThe 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—\n\t(a)\tmake Rules for or with respect to the following:\n\t(i)\tretail support obligations between service providers and retailers;\n\t(ii)\tcredit support arrangements between service providers and retailers;\n\t(iii)\tthe connection of premises of retail customers;\n\t(iv)\tany 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\t(b)\tmake Retail Market Procedures.\n\t(2)\tThe 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\t(3)\tSection 74(3) applies to Rules made under this section in the same way as it applies to Rules made by the AEMC.\n\t(4)\tAs soon as practicable after making Rules or Retail Market Procedures under this section, the South Australian Minister must—\n\t(a)\tpublish notice of the making of the Rules or Procedures in the South Australian Government Gazette; and\n\t(b)\tmake the Rules or Procedures publicly available.\n\t(a)\tthe date on which the Rules or Retail Market Procedures commence operation; or\n\t(b)\tif different Rules or Procedures will commence operation on different dates, those dates.\n\t(6)\tRules or Retail Market Procedures may only be made under this section on the recommendation of the MCE.\n\t(7)\tRules 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\t(8)\tA 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.\n294CA—South Australian Minister may make consequential Rules relating to rate of return instrument\n\t(1)\tThe 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\t(2)\tWithout 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\t(3)\tSection 74(3) applies to Rules made under this section in the same way it applies to Rules made by the AEMC.\n\t(4)\tAs soon as practicable after making Rules under this section, the South Australian Minister must—\n\t(a)\tthe date on which the Rules commence operation; and\n\t(6)\tRules may only be made under this section on the recommendation of the MCE.\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.\n294D—South Australian Minister to make initial Rules relating to AEMO's gas trading exchange functions\n\t(1)\tThe 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:\n\t(a)\tAEMO's gas trading exchange functions;\n\t(b)\tthe subject matter of a new head of power added to Schedule 1 by the GTE amendments;\n\t(c)\tany other subject contemplated by, or consequential on, the GTE amendments.\n\t(a)\tpublish 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\t(5)\tThe 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\t(7)\tRules in the nature of a derogation may be made under this section even though no request has been made for the derogation.\n294DA—South Australian Minister to make initial Rules relating to the capacity reforms\n\t(1)\tThe 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)—\n\t(a)\tmay make Rules for or with respect to any one or more of the following subjects:\n\t(i)\tthe 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\t(ii)\ttransaction support arrangements;\n\t(iii)\taccess to and the provision of operational transportation services;\n\t(iv)\tthe making and amendment of an Operational Transportation Service Code;\n\t(v)\tthe standard market timetable and the standard gas day;\n\t(vi)\tthe collection, use, disclosure, copying, recording, management and publication of information in relation to secondary capacity transactions;\n\t(vii)\tthe 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\t(viii)\tthe matters referred to in sections 83B, 83C, 228E and 228I;\n\t(ix)\tthe buying and selling of transportation capacity through the gas trading exchange;\n\t(x)\tthe subject matter of a new head of power added to Schedule 1 by the Capacity Trading and Auction amendments;\n\t(xi)\tany other subject contemplated by, or consequential on, the Capacity Trading and Auction amendments; and\n\t(b)\tmay 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\t(c)\tmay 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\t(d)\tmay make an Operational Transportation Service Code.\n\t(2)\tRules or an Operational Transportation Service Code may only be made under subsection (1) on the recommendation of the MCE.\n\t(3)\tSection 74(3) applies to Rules made under subsection (1) in the same way as it applies to Rules made by the AEMC.\n\t(4)\tAs soon as practicable after making Rules or an Operational Transportation Service Code under subsection (1), the South Australian Minister must—\n\t(a)\tpublish notice of the making of the Rules or Code in the South Australian Government Gazette; and\n\t(b)\tmake the Rules or Code publicly available.\n\t(a)\tthe date on which the Rules or Code commence operation; or\n\t(b)\tif different Rules or provisions of the Code will commence operation on different dates, those dates.\n\t(6)\tThe South Australian Minister may, by a later notice published in the South Australian Government Gazette, vary a commencement date fixed under subsection (5).\n\t(8)\tOnce 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\t(9)\tRules in the nature of a derogation may be made under this section even though no request has been made for the derogation.\n\t(10)\tIn 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.\n294E—South Australian Minister to make initial Rules relating to Energy Consumers Australia\n\t(1)\tThe 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—\n\t(a)\tfor or with respect to Energy Consumers Australia (including provisions for its funding); and\n\t(b)\tfor or with respect to any other subject contemplated by, or consequential on, the ECA amendments; and\n\t(c)\tthat revoke or amend a Rule as a consequence of the enactment of the ECA amendments.\n\t(2)\tSection 74(3) applies to Rules made under subsection (1) in the same way as it applies to Rules made by the AEMC.\n\t(3)\tAs soon as practicable after making Rules under subsection (1), the South Australian Minister must—\n\t(4)\tThe notice referred to in subsection (3)(a) must state—\n\t(5)\tThe Rules made under subsection (1) may only be made on the recommendation of the MCE.\n294EA—South Australian Minister to make initial Rules relating to regulatory sandboxing\n\t(1)\tThe 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—\n\t(a)\tfor or with respect to—\n\t(i)\tthe regulatory sandboxing amendments; and\n\t(ii)\tany other subject contemplated by, or necessary or expedient for the regulatory sandboxing amendments; and\n\t(b)\tthat revoke or amend a Rule as a consequence of the enactment of the regulatory sandboxing amendments.\n\t(2)\tSection 74(3) applies to Rules made under subsection (1) in the same way as it applies to Rules made by the AEMC.\n\t(3)\tAs soon as practicable after making Rules under this section, the South Australian Minister must—\n\t(4)\tThe notice referred to in subsection (3)(a) must state—\n\t(5)\tRules may only be made under subsection (1) on the recommendation of the MCE.\n\t(7)\tIn this section—\nregulatory sandboxing amendments means the amendments made to this Law by the Statutes Amendment (National Energy Laws) (Regulatory Sandboxing) Act 2022.\n294F—South Australian Minister to make initial Rules relating to access to non‑scheme pipelines\n\t(1)\tThe 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:\n\t(a)\taccess proposals, access disputes and arbitrations under Chapter 6A;\n\t(b)\tthe subject matter of a new head power added to Schedule 1 by the Pipelines Access/Arbitration amendments;\n\t(c)\tany other subject contemplated by, or consequential on, the Pipelines Access/Arbitration amendments.\n\t(4)\tAs soon as practicable after making Rules under subsection (1), the South Australian Minister must—\n\t(a)\tpublish 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\t(b)\tmaking the Rules publicly available.\n\t(5)\tThe 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\t(7)\tRules in the nature of a derogation may be made under this section even though no request has been made for the derogation.\nPipelines Access/Arbitration amendments means the amendments made to this Law by the National Gas (South Australia) (Pipelines Access—Arbitration) Amendment Act 2017.\n294FA—South Australian Minister to make initial Rules relating to enhanced market transparency\n\t(1)\tThe 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—\n\t(a)\tfor or with respect to any 1 or more of the following subjects:\n\t(i)\tthe AER gas price reporting functions;\n\t(ii)\tthe Natural Gas Services Bulletin Board;\n\t(iii)\tthe collection and use of information for, or the content of, the gas statement of opportunities;\n\t(iv)\tthe subject matter of a new head power added to Schedule 1 by the market transparency amendments;\n\t(v)\tany other subject contemplated by, or consequential on, the market transparency amendments; and\n\t(b)\tthat revoke or amend a Rule as a consequence of the market transparency amendments and any of the Rules referred to in paragraph (a).\n\t(3)\tSection 74(3) applies to the Rules made under subsection (1) in the same way as it applies to Rules made by the AEMC.\n\t(a)\tpublish a notice of the making of the Rules in the South Australian Government Gazette; and\n\t(a)\tthe date on which the Rules commence operation; and\n\t(6)\tThe Minister may, by a later notice published in the South Australian Government Gazette, vary a commencement date fixed under subsection (5).\n\t(8)\tRules in the nature of a derogation may be made under this section even though no request has been made for the derogation.\n\t(9)\tIn this section—\nmarket transparency amendments means the amendments made to this Law by the National Gas (South Australia) (Market Transparency) Amendment Act 2022.\n294FB—South Australian Minister to make initial Rules relating to pipeline regulation\n\t(1)\tThe South Australian Minister may make Rules on any 1 or more of the following subjects:\n\t(a)\tscheme 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\t(b)\tthe 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\t(c)\tany other subject contemplated by, or consequential on, the Gas Pipelines amendments.\n\t(a)\tpublish 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\t(5)\tThe 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\t(7)\tRules in the nature of a derogation may be made under this section even though no request has been made for the derogation.\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.\n294FC—South Australian Minister to make initial Rules relating to national gas objective\n\t(1)\tThe South Australian Minister may, within 9 months after the commencement of this section—\n\t(a)\tmake Rules for or with respect to any matter or thing necessary or expedient to implement the amended objective; and\n\t(b)\tmake Rules for or with respect to any other subject contemplated by, or necessary or expedient for implementing, the amended objective; and\n\t(c)\tmake 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\t(2)\tRules 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\t(3)\tSection 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\t(6)\tThe Rules made under subsection (1) may only be made on the recommendation of the MCE.\n\t(7)\tIf the South Australian Minister makes Rules under subsection (1), the Minister cannot make another Rule under that subsection.\namended objective means the national gas objective as in force on the commencement of this section.\n294FD—South Australian Minister to make initial Rules relating to other gases\n\t(1)\tThe South Australian Minister may make Rules—\n\t(a)\tfor or with respect to—\n\t(i)\tthe other gas amendments; and\n\t(ii)\tany other subject contemplated by, or necessary or expedient for, the other gas amendments; and\n\t(b)\tthat revoke or amend a Rule as a consequence of the enactment of the other gas amendments.\n\t(2)\tRules may only be made under this section on the recommendation of the MCE.\n\t(3)\tSection 74(3) applies to Rules made under this section in the same way as it applies to a Rule made by the AEMC.\n\t(4)\tAs soon as practicable after making Rules under this section, the South Australian Minister must—\n\t(a)\tpublish a notice of the making of the Rules and the date the Rules commence in the South Australian Government Gazette; and\n\t(6)\tThe Minister may, by a later notice published in the South Australian Government Gazette, vary a commencement date fixed under subsection (5).\n\t(7)\tOnce the first Rules have been made, no further Rules can be made under this section.\n\t(8)\tRules in the nature of a derogation may be made under this section even though no request has been made for the derogation.\n\t(9)\tIn this section—\nother gas amendments means the amendments made to this Law by the Statutes Amendment (National Energy Laws) (Other Gases) Act 2023.\n294FE—South Australian Minister to make initial Rules relating to wholesale market monitoring matters\n\t(1)\tThe South Australian Minister may make Rules for the following:\n\t(a)\tthe making of—\n\t(i)\tmarket monitoring information orders; and\n\t(ii)\twholesale market monitoring guidelines;\n\t(b)\tthe way the AER consults—\n\t(i)\ton the wholesale market monitoring guidelines under section 30AT(3); and\n\t(ii)\tthe public, under section 30AM, before making a market monitoring information order.\n\t(2)\tThe Rules made under subsection (1) may only be made on the recommendation of the MCE.\n\t(3)\tSection 74(3) applies to Rules made under subsection (1) in the same way as it applies to Rules being made by the AEMC.\nDivision 2—Rules made by Minister from time to time\n294G—South Australian Minister may make Rules on recommendation of MCE and Energy Security Board\n\t(1)\tThe South Australian Minister may make Rules recommended by the MCE in accordance with subsection (2).\n\t(2)\tThe MCE may only recommend the making of Rules under subsection (1) if—\n\t(a)\tthe Rules are for or with respect to any matter or thing referred to in section 74 and Schedule 1 to this Law; and\n\t(b)\tthe Energy Security Board has recommended to the MCE that it recommend the making of the Rules under subsection (1).\n\t(3)\tThe Energy Security Board may only make a recommendation for the purposes of subsection (2)(b) in relation to Rules if—\n\t(a)\tthe Rules are in connection with energy security and reliability of the NEM or long‑term planning—\n\t(i)\tfor the NEM; or\n\t(ii)\tin relation to investment in, and operation and use of, covered gas services; and\n\t(b)\tthe Energy Security Board is satisfied that the Rules are consistent with the national gas objective; and\n\t(c)\tthe Energy Security Board has undertaken consultation on the Rules in accordance with any requirements determined by the MCE.\n\t(4)\tRules 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\t(5)\tSection 74(3) applies to Rules made under subsection (1) in the same way as that section applies to Rules made by the AEMC.\n\t(6)\tAs soon as practicable after making Rules under this section, the South Australian Minister must—\n\t(7)\tThe notice referred to in subsection (6)(a) must state—\nPart 3—Procedure for the making of a Rule by the AEMC\n295—Initiation of making of a Rule\n\t(1)\tThe 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.\n\t(2)\tThe AEMC must not make a Rule without a request under subsection (1) unless—\n\t(a)\tit considers the Rule corrects a minor error in the Rules; or\n\t(b)\tit considers the Rule involves a non-material change to the Rules; or\n\t(c)\tthe 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\t(3)\tDespite 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—\n\t(b)\ta service provider for a declared transmission system that is a party to a service envelope agreement with AEMO; or\n\t(c)\tthe Minister of an adoptive jurisdiction.\n\t(4)\tThe 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\t(5)\tThe 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—\n\t(a)\tAEMO consents to the making of the Rule; or\n\t(b)\tthe Rule is requested by the Minister of the relevant adoptive jurisdiction.\n296—AEMC may make more preferable Rule in certain cases\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.\n297—AEMC may make Rules that are consequential to a Rule request\n\t(1)\tDespite 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\t(2)\tFor 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.\n298—Content of requests for a Rule\nA request for the making of a Rule—\n\t(a)\tmust contain the information prescribed by the Regulations or the Rules (or both); and\n\t(b)\tmust, subject to section 299, be accompanied by the fee prescribed by the Regulations (if any); and\n\t(c)\tmay be accompanied by a draft of the Rule to be made.\n299—Waiver of fee for Rule requests\nThe AEMC may waive the payment of any fee prescribed by the Regulations for the purposes of section 298.\n300—Consolidation of 2 or more Rule requests\n\t(1)\tIf 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—\n\t(a)\ttreat those requests as 1 request for the purposes of this Chapter (a consolidated Rule request); or\n\t(b)\ttreat any later request as a submission in relation to the earliest Rule request.\n\t(2)\tFor 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.\n301—Initial consideration of request for Rule\n\t(1)\tSubject 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—\n\t(a)\tthe active request appears to—\n\t(i)\tcontain the information prescribed by the Regulations or the Rules (or both); and\n\t(ii)\tnot be misconceived or lacking in substance; and\n\t(b)\tthe 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.\n\t(c)\tthe subject matter of the active request appears to relate to the subject matter of—\n\t(i)\ta 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\t(ii)\tanother 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\t(d)\tin the case of an active request for a trial Rule—the subject matter of the request appears to relate to the subject matter of—\n\t(i)\ta trial waiver granted by the AER; or\n\t(ii)\tan 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\t(2)\tIf the AEMC considers that—\n\t(a)\tin 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\t(b)\tin 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—\n\t(i)\tthe trial project to which the active request relates—\n\t(A)\tis unlikely to be carried out; or\n\t(B)\toffers no reasonable prospect of leading to better services and outcomes for consumers of gas; or\n\t(ii)\tthe trial Rule requested—\n\t(A)\tis 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\t(B)\tis unlikely to enable the trial project to be undertaken; or\n\t(C)\tshould 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.\n\t(3)\tDespite 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\t(4)\tIn making a decision under subsection (3), the AEMC must have regard to any representation it receives under section 302(4).\n\t(5)\tA decision under subsection (2) or (3) must—\n\t(a)\tset out the reasons for the decision; and\n\t(b)\tbe given to the person or body that made the active request without delay; and\n\t(c)\tin the case where the decision was made only because of the matters set out in subsection (1)(c)—be published.\n\t(6)\tSubject 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\t(7)\tThe AEMC must, as soon as practicable after receiving an active request relating to a trial Rule, consult with AEMO on the matter.\n302—AEMC may request further information from Rule proponent in certain cases\n\t(a)\treceives a request for the making of a Rule under section 295(1); and\n\t(b)\tconsiders, 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\t(2)\tThe 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\t(3)\tA notice under subsection (2) must specify—\n\t(a)\tthe kind of information the AEMC requires from the person or body; and\n\t(b)\tthe time within which that information must be provided to the AEMC.\n\t(4)\tA 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.\n303—Notice of proposed Rule\n\t(a)\tconsiders that it should take action under this Part in respect of a request for the making of a Rule; or\n\t(b)\tforms an intention to make an AEMC initiated Rule.\n\t(2)\tThe AEMC must publish—\n\t(a)\tnotice of the request or intention (as the case requires); and\n\t(b)\ta draft of the proposed Rule; and\n\t(c)\tany other document prescribed by the Regulations.\n\t(3)\tA notice published under this section must—\n\t(a)\tinvite 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\t(b)\tcontain any other information prescribed by the Regulations.\n\t(4)\tNothing in this Part is to be taken as requiring the AEMC to publish notices under this section in the same order as it—\n\t(a)\tconsiders that it should take action under this Part in respect of a request for the making of a Rule; or\n\t(b)\tforms an intention to make an AEMC initiated Rule.\n304—Publication of non-controversial or urgent final Rule determination\n\t(1)\tSubject to this section, if the AEMC considers that—\n\t(a)\tan AEMC initiated Rule is a non-controversial Rule; or \n\t(b)\ta request for a Rule is a request for a non-controversial Rule; or\n\t(c)\ta 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.\n\t(2)\tBefore 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\t(3)\tThe 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)—\n\t(a)\tthe AEMC receives a written request not to do so; and\n\t(b)\tthe reasons set out in that request are not, in its opinion, misconceived or lacking in substance.\n\t(4)\tIf 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—\n\t(a)\tmake a decision to that effect; and\n\t(b)\tgive the person or body its reasons, in writing, for that decision without delay.\n\t(5)\tIf 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).\n304A—Publication of final Rule determination for trial Rule\n\t(1)\tIf 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\t(2)\tSections 304 and 305 do not apply to a request for a trial Rule.\n305—\"Fast track\" Rules where previous public consultation by gas market regulatory body or an AEMC review\n\t(a)\ta gas market regulatory body has—\n\t(i)\tmade a request for the making of a Rule under section 295(1); and\n\t(ii)\tconsulted with the public on the nature and content of the request before making that request; or\n\t(b)\ta person or the MCE has made a request for the making of a Rule under section 295(1) on the basis of—\n\t(i)\ta recommendation for the making of a Rule contained in a MCE directed review; or\n\t(ii)\ta conclusion for the making of a Rule contained in an AEMC Rule review.\n\t(2)\tThe 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—\n\t(a)\tin 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—\n\t(i)\tthe nature and content of that request; and\n\t(ii)\tthe kind of consultation conducted by the gas market regulatory body;\n\t(b)\tin the case where a request has been made by a person or the MCE in the circumstances described in subsection (1)(b)—\n\t(i)\tthe 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\t(ii)\tthere 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\t(3)\tTo avoid doubt—\n\t(a)\tsection 301 applies to a request for the making of a Rule to which this section applies; and\n\t(b)\tsection 306 does not apply to a request for the making of a Rule to which this section applies.\n306—Right to make written submissions and comments\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.\n307—AEMC may hold public hearings before draft Rule determination\n\t(1)\tThe 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\t(2)\tNotice of a hearing held under this section must—\n\t(b)\tcontain the information prescribed by the Regulations (if any).\n308—Draft Rule determination\n\t(1)\tThe AEMC must make a draft Rule determination before making a final Rule determination in relation to the proposed Rule.\n\t(2)\tSubject to this Chapter, the AEMC must, within 10 weeks after the date specified in a notice under section 303, publish—\n\t(a)\tthe draft Rule determination; and\n\t(b)\tnotice of the making of the draft Rule determination.\n\t(3)\tIn 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\t(4)\tA draft Rule determination must contain—\n\t(a)\tthe reasons of the AEMC as to whether or not it should make the proposed Rule, including—\n\t(i)\tin 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\t(ii)\tin 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\t(iii)\tif 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\t(iv)\tthe reasons of the AEMC having regard to any relevant MCE statement of policy principles; and\n\t(v)\tthe reasons of the AEMC having regard to any other matters the AEMC considers relevant; and\n\t(b)\tif the AEMC determines to make a Rule, a draft of the Rule to be made; and\n\t(c)\tany other matters that are prescribed by the Regulations.\n\t(4a)\tThe 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\t(5)\tA notice referred to in subsection (2) must—\n\t(a)\tinvite 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\t(b)\tinclude 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\t(c)\tcontain any other information prescribed by the Regulations.\n309—Right to make written submissions and comments in relation to draft Rule determination\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.\n310—Pre-final Rule determination hearing may be held\n\t(1)\tThe 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\t(2)\tIn 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\t(3)\tDespite subsection (2), the AEMC may decide not to a hold a hearing in relation to a draft Rule determination.\n\t(4)\tWithout 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—\n\t(a)\tthe 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\t(b)\tno other person or body requests the AEMC to hold a hearing.\n\t(5)\tIf 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\t(6)\tIf the AEMC decides to hold a hearing, or agrees to hold a hearing after a request under subsection (2), the AEMC must—\n\t(a)\tappoint 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\t(b)\tpublish a notice of that date, time and place.\n311—Final Rule determination\n\t(1)\tSubject to section 312, the AEMC must make a final Rule determination as to whether to make a proposed Rule.\n\t(2)\tSubject 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—\n\t(a)\tthe final Rule determination; and\n\t(b)\tnotice of the making of the final Rule determination.\n\t(3)\tA final Rule determination must contain—\n\t(a)\tthe reasons of the AEMC as to whether or not it should make a Rule, including—\n\t(i)\tin 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\t(ii)\tin 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\t(iii)\tif 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\t(iiia)\tif the AEMC is required to take into account the innovative trial principles, the reasons of the AEMC taking those principles into account; and\n\t(iv)\tthe reasons of the AEMC having regard to any relevant MCE statement of policy principles; and\n\t(v)\tthe reasons of the AEMC having regard to any other matters the AEMC considers relevant; and\n\t(b)\tany other matters that are prescribed by the Regulations.\n\t(4)\tA notice referred to in subsection (2) must contain the information prescribed by the Regulations.\n312—Proposal to make more preferable Rule\n\t(1)\tIf, in view of the response to a draft Rule determination, the AEMC proposes to make a more preferable Rule, the AEMC may—\n\t(a)\tmake, and publish notice of, a draft Rule determination in respect of the proposed more preferable Rule; or\n\t(b)\tmake, and publish notice of, a final Rule determination for the proposed more preferable Rule.\n\t(2)\tThe 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.\n313—Making of Rule\n\t(1)\tSubject 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\t(2)\tNotice 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\t(3)\tThe 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.\n314—Operation and commencement of Rule\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.\n314A—Extension of trial Rule\n\t(1)\tSubject 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\t(2)\tBefore extending the expiry date of a trial Rule, the AEMC—\n\t(a)\tmust have regard to the innovative trial principles; and\n\t(b)\tmust consult with the AER; and\n\t(c)\tif 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\t(d)\tmay consult with AEMO or any other person.\n\t(3)\tA request under subsection (1) must—\n\t(a)\tbe made to the AEMC at least 60 days before the expiry date; and\n\t(b)\tspecify the length of the extension required.\n\t(4)\tA notice under subsection (1) must—\n\t(b)\tspecify the later date referred to in subsection (1).\n\t(5)\tThe expiry date of a trial Rule may only be extended once under subsection (1).\n314B—AEMC may impose requirements on proponent of trial project on making trial Rule\n\t(1)\tThe 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\t(2)\tWithout 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\t(3)\tA notice under subsection (1) must—\n\t(b)\tcomply with any other requirements prescribed by the Regulations.\n\t(4)\tA proponent to which requirements imposed under this section apply must comply with those requirements.\n\t(5)\tIf 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—\n\t(a)\trevoke the trial Rule; or\n\t(b)\tvary or revoke a requirement imposed on the proponent, or impose further requirements on the proponent.\n314C—AEMC may revoke trial Rule on recommendation of AER\n\t(1)\tThe AEMC may, on the recommendation of the AER, revoke a trial Rule in accordance with this Chapter.\n\t(2)\tThis section is in addition to, and does not limit, section 314B.\n314D—Special provision for revocation of trial Rule\n\t(1)\tPart 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\t(2)\tAs soon as practicable after revoking a trial Rule under section 314B(5)(a) or 314C(1), the AEMC must—\n\t(a)\tpublish notice of the revocation, specifying the date on which the revocation takes effect, on its website; and\n\t(b)\tpublish reasons for the revocation on its website.\n315—Rule that is made to be published on website and made available to the public\nOn publication of a notice in accordance with section 313(2), the AEMC must, without delay—\n\t(a)\tpublish the Rule on its website; and\n\t(b)\tmake copies of the Rule available to the public at its offices.\n316—Evidence of the National Gas Rules\nA document purporting to be a copy of—\n\t(a)\tthe National Gas Rules; or\n\t(b)\tthe initial National Gas Rules; or\n\t(c)\tan 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.\nPart 4—Miscellaneous provisions relating to rule making by the AEMC\n317—Extension of periods of time in Rule making procedure\n\t(1)\tDespite 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\t(2)\tA notice under subsection (1) must—\n\t(b)\tset out the period of time specified in Chapter 9 Part 3 to be extended; and\n\t(c)\tspecify a new period of time to apply in the place of the period of time specified in Chapter 9 Part 3.\n\t(3)\tA notice under subsection (1) may be published at the same time as a notice under section 303.\n\t(4)\tThe AEMC may only extend a period of time under this section before the expiry of that time.\n318—AEMC may extend period of time for making of final Rule determination for further consultation\n\t(a)\ta person or body raises an issue in—\n\t(i)\ta submission or comment in relation to a draft Rule determination; or\n\t(ii)\ta hearing held under section 307 or 310; and\n\t(b)\tthe 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\t(2)\tDespite 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\t(3)\tA notice under subsection (2) must—\n\t(b)\tspecify a new period of time to apply in the place of the period of time specified in section 311; and\n\t(c)\tspecify the issue on which the AEMC requires further public submissions and comments; and\n\t(d)\tinvite written submissions and comments from any person or body by the date specified in the notice.\n\t(4)\tThe 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\t(5)\tThe AEMC may only extend the period of time under this section before the expiry of time specified in section 311.\n\t(6)\tAny 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.\n319—AEMC may publish written submissions and comments unless confidential\n\t(1)\tSubject to this section, the AEMC may publish any information in any written submission or comment given to it under this Chapter unless—\n\t(a)\tthe person or body who gave the information, claims, when giving it to the AEMC, that it contains confidential information; and\n\t(b)\tthe AEMC decides that the written submission or comment contains confidential information.\n\t(2)\tA 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\t(3)\tIf 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.\n320—AEMC must publicly report on Rules not made within 12 months of public notification of requests\n\t(a)\tpublishes a notice under section 303 in respect of a request for the making of a Rule; but\n\t(b)\tdoes 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\t(2)\tThe AEMC must prepare a report on the request as soon as practicable after the report trigger date.\n\t(3)\tA report prepared under this section—\n\t(a)\tmust 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\t(b)\tmust specify when the AEMC considers it will make the final Rule determination; and\n\t(c)\tmust be published.\n320A—Subsequent rule making by AEMC\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).\nChapter 10—General\nPart 2—Handling of confidential information\nDivision 1—Disclosure of confidential information held by AER\n324—Authorised disclosure of information given to the AER in confidence\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—\n\t(a)\tthis Division; or\n\t(b)\tsection184.\nSee also section 30 of this Law and section 44AAF of the Competition and Consumer Act 2010 of the Commonwealth.\n325—Disclosure with prior written consent is authorised\nThe AER is authorised to disclose information given to it in confidence if the AER has the written consent to do so of—\n\t(a)\tthe person who gave the information; or\n\t(b)\tthe person from whom the person referred to in paragraph (a) received that information.\n326—Disclosure for purposes of court and tribunal proceedings and to accord natural justice\nThe AER is authorised to disclose information given to it in confidence—\n\t(a)\tfor the purposes of civil or criminal proceedings; or\n\t(b)\tfor 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\t(c)\tfor the purposes of according natural justice to a person affected by a decision (however described) of the AER under this Law or the Rules.\n326A—Disclosure of information to Energy Security Board\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.\n327—Disclosure of information given to the AER with confidential information omitted\n\t(a)\tin compliance with this Law or the Rules or voluntarily, a person gives the AER information in confidence; and\n\t(b)\tthat information is contained in a document with other information.\n\t(2)\tThe AER may disclose the document with the information given in confidence omitted.\n\t(3)\tThe 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.\n328—Disclosure of information given in confidence does not identify anyone\nThe AER is authorised to disclose information given to it in confidence, in compliance with this Law or the Rules or voluntarily, if—\n\t(a)\tit does not disclose any elements of the information that could lead to the identification of the person to whom that information relates; or\n\t(b)\tthe 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.\n328A—Disclosure of information that has entered the public domain\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.\n328B—Disclosure of information in an aggregated form\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.\n329—Disclosure of information authorised if detriment does not outweigh public benefit\n\t(1)\tDespite 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—\n\t(a)\tthat 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\t(b)\tthat, although the disclosure of the information would cause detriment to such a person, the public benefit in disclosing it outweighs that detriment.\n\t(1a)\tHowever—\n\t(a)\tin 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—\n\t(i)\tthe 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\t(ii)\tthe AER has complied with subsections (1b), (1c) and (1d); and\n\t(iii)\tthe restricted period has expired; and\n\t(b)\tin the case of other information—the AER must not disclose information under subsection (1) unless and until—\n\t(i)\tthe AER has complied with subsections (2) to (6) (inclusive); and\n\t(ii)\tthe restricted period has expired.\n\t(1b)\tIf 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—\n\t(a)\tthe 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—\n\t(i)\ta written notice stating—\n\t(A)\tthat the AER wishes to disclose the information, specifying the nature of the intended disclosure; and\n\t(B)\tthat the AER is of the opinion required by subsection (1)(a); and\n\t(ii)\tthe AER's decision, in writing, setting out the reasons why the AER—\n\t(A)\twishes to make the disclosure; and\n\t(B)\tis of the opinion required by subsection (1)(a); or\n\t(b)\tthe 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—\n\t(i)\ta written notice stating—\n\t(A)\tthat the AER wishes to disclose the information, specifying the nature of the intended disclosure; and\n\t(B)\tthat the AER is of the opinion required by subsection (1)(b); and\n\t(C)\tthat 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\t(ii)\tthe AER's decision, in writing, setting out the reasons why the AER—\n\t(A)\twishes to make the disclosure; and\n\t(B)\tis of the opinion required by subsection (1)(b).\n\t(1c)\tThe 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\t(1d)\tIf, 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)—\n\t(a)\ta written notice stating—\n\t(ii)\tthat the AER is of the opinion required by subsection (1)(b); and\n\t(ii)\tis of the opinion required by subsection (1)(b).\n\t(1e)\tTo 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\t(2)\tBefore disclosing information to which subsection (1a)(b) applies disclosing the information, the AER must give the person who gave the information—\n\t(iii)\tthat the person, within the period specified in the notice, may make representations to the AER not to disclose the information; and\n\t(3)\tIf 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—\n\t(iii)\tthat the person, within the period specified in the notice, may make representations to the AER not to disclose the information; and\n\t(4)\tThe 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\t(5)\tThe 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\t(6)\tIf 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—\n\t(a)\ta written notice (a further disclosure notice) stating—\n\t(7)\tFor 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\t(7a)\tDespite 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—\n\t(a)\tthe 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\t(b)\twithout limiting paragraph (a), if the AER's decision under subsection (1) is to disclose the confidential information, the AER's opinion—\n\t(i)\tthat 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\t(ii)\tthat, although the disclosure of the information would cause detriment to such a person, the public benefit in disclosing it outweighs that detriment.\nrestricted period means—\n\t(a)\tin the case of information given to the AER in order to comply with a regulatory information instrument—a period of 5 business days after—\n\t(i)\ta notice has been given under subsection (1b)(a)(i); or\n\t(ii)\t—\n\t(A)\ta notice has been given under subsection (1b)(b)(i); or\n\t(B)\ta notice has been given under subsection (1d)(a),\nwhichever is the later; or\n\t(b)\tin the case of other information—a period of 5 business days after—\n\t(i)\tan initial disclosure notice has been given under this section; or\n\t(ii)\ta further disclosure notice has been given under this section,\nwhichever is the later.\nDivision 2—Disclosure of confidential information held by AEMC\n330—Confidentiality of information\n\t(1)\tInformation 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—\n\t(a)\tthe person who provides it claims, when providing it to the AEMC, that it is confidential information; and\n\t(b)\tthe AEMC decides that the information is confidential information.\n\t(2)\tNothing 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\t(3)\tIf 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\t(4)\tIf 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.\nPart 3—Miscellaneous\n332—Failure to make a decision under this Law or the Rules within time does not invalidate the decision\n\t(1)\tA 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\t(2)\tA decision to which subsection (1) applies takes effect on and from—\n\t(a)\tthe day it is made; or\n\t(b)\tif it specifies a date for operation or effect that is after the day it is made, that specified date.\nregulatory scheme decision maker means any of the following:\n\t(b)\tthe AEMC;\n\t(c)\tAEMO.\n333—Withdrawal of applications relating to particular determinations or classification\n\t(1)\tA person who has made an application for a relevant decision may withdraw the application at any time before the decision is made.\n\t(2)\tA withdrawal of an application in accordance with this section must be—\n\t(a)\tin writing; and\n\t(b)\tgiven to the AER.\nrelevant decision means—\n\t(a)\ta scheme pipeline determination; or\n\t(b)\ta scheme pipeline revocation determination; or\n\t(c)\ta greenfields incentive determination; or\n\t(d)\ta greenfields price protection determination; or\n\t(e)\ta classification decision; or\n\t(f)\ta reclassification decision.\n335A—Penalty privilege\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:\n\t(a)\tproviding information under this Law, the Regulations or the Rules;\n\t(b)\tproducing a document under this Law, the Regulations or the Rules;\n\t(c)\tproviding evidence under this Law, the Regulations or the Rules;\n\t(d)\tanswering a question under this Law, the Regulations or the Rules.\n335B—Court may grant relief from liability\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.\n336—Savings and transitionals\n","sortOrder":50},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"to this Law has effect.","content":"Schedule 3 to this Law has effect.\n","sortOrder":51},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Subject matter for the National Gas Rules","content":"Schedule 1—Subject matter for the National Gas Rules\n\nRegulatory determinations and classification of pipelines\nScheme pipeline determinations, scheme pipeline revocation determinations, greenfields incentive determinations and greenfields price protection determinations (regulatory determinations), including—\n\t(a)\tthe content of applications for regulatory determinations; and\n\t(b)\tprocedures for dealing with applications for regulatory determinations; and\n\t(c)\tinformation that must be provided by a service provider and the consequences of failing to provide that information; and\n\t(d)\tprocedures for making regulatory determinations; and\n\t(e)\tthe content of regulatory determinations and decisions not to make regulatory determinations; and\n\t(f)\tpublication of regulatory determinations and decisions not to make regulatory determinations.\nScheme pipeline elections, including—\n\t(a)\tthe circumstances in which scheme pipeline elections may be made; and\n\t(b)\tthe content of scheme pipeline elections.\nThe classification or reclassification of pipelines, including—\n\t(a)\tthe content of applications for classification and reclassification of pipelines; and\n\t(b)\tprocedures for dealing with applications for classification and reclassification of pipelines; and\n\t(c)\tprocedures for making classification decisions and reclassification decisions; and\n\t(d)\tthe content of classification decisions, reclassification decisions and decisions not to make a reclassification decision; and\n\t(e)\tpublication of classification decisions, reclassification decisions and decisions not to make a reclassification decision.\nAccess arrangements\nThe submission to the AER, by service providers, of access arrangements or revisions to applicable access arrangements for approval by the AER, including requiring service providers to—\n\n\t(a)\tsubmit access arrangements for pipeline services provided by means of scheme pipelines; and\n\n\t(b)\tsubmit more than 1 access arrangement; and\n\n\t(c)\tto consolidate access arrangements.\nThe content of access arrangements and applicable access arrangements, including—\n\n\t(a)\ta description of pipeline services provided or that may be provided by means of scheme pipelines, including reference services; and\n\n\t(b)\tthe content of expansion and extension requirements; and\n\n\t(c)\tthe content of queuing requirements; and\n\n\t(d)\treview submission dates, expiry dates and dates when revisions to access arrangements and applicable access arrangements are to take effect.\nVariations to applicable access arrangements.\nInformation to accompany access arrangements submitted for approval, or proposals for revisions or variations to access arrangements, including information to enable a person to understand the background or basis or derivation of the access arrangement or proposal.\nThe provision and publication of information referred to in item 7.\nDecisions of the AER that approve (with or without revisions or modifications) or do not approve access arrangements or proposals for revisions or variations to access arrangements.\nThe making of access arrangements by the AER when it does not approve access arrangements.\nThe contents of decisions of the AER that—\n\n\t(a)\tapprove or do not approve access arrangements or proposals for revisions or variations to access arrangements; and\n\n\t(b)\tmake access arrangements.\nThe procedure for the approval or making by the AER of access arrangements, or approval by the AER of proposals for revisions or variations to applicable access arrangements, including the publication and giving of—\n\n\t(a)\taccess arrangements and proposals; and\n\n\t(b)\tdecisions of the AER; and\n\n\t(c)\tapplicable access arrangements; and\n\n\t(d)\tdrafts of decisions of access arrangements and proposals and decisions of the AER.\nMatters to be addressed by the AER in approving or not approving an access arrangement, or making an access arrangement, or approving or not approving revisions or variations to an applicable access arrangement.\nGeneral duties for provision of pipeline services\nQueuing requirements for non‑scheme pipelines.\nPipeline interconnection principles.\nExemptions from the prohibition in section 136A.\nInformation that must be published by service providers under section 136C, including—\n\n\t(a)\tthe collection, disclosure, verification, management and publication of information in relation to pipeline services, including information about—\n\t(i)\tthe terms and conditions on which the service provider is prepared to make a pipeline available for use by others; and\n\t(ii)\trelevant prices, costs and methodologies associated with gaining access to (and using) a pipeline and relevant or related services; and\n\t(iii)\taccess contracts and arrangements used (or required to be used) by the service provider; and\n\n\t(b)\trequirements to ensure that information is accurate and complete; and\n\n\t(c)\tthe imposition or recovery of costs associated with any matter referred to in a paragraph (a) or (b); and\n\n\t(d)\texemptions from the requirement to publish information.\nRing fencing requirements\nThe content of a minimum ring fencing requirement.\nAER ring fencing determinations and additional ring fencing requirements.\nThe approval by the AER of associate contracts and variations to associate contracts.\nThe grounds on which the AER may approve associate contracts and variations to associate contracts, including grounds different from those specified in section 147 or section 148.\nExemptions from minimum ring fencing requirements and associate contract provisions, including applications for exemptions.\nAccess to pipeline services\nAccess to pipeline services.\nThe facilitation of requests for access to pipeline services (access requests), including—\n\n\t(a)\trequirements for the publication by service providers of user access guides that describe the processes for making access requests, access offers and access negotiations; and\n\n\t(b)\texemptions from the requirement to publish a user access guide; and\n\n\t(c)\trequirements about access requests and the information to be provided by the service provider in response to access requests; and\n\n\t(d)\trequirements about access offers; and\n\n\t(e)\taccess negotiations between a user or prospective user and a service provider; and\n\n\t(f)\tthe imposition or recovery of costs associated with facilitating access (or potential access) to pipeline services.\nRequirements to ensure that information published in a user access guide, in response to access requests or during access negotiations, is accurate and complete.\nThe transfer of capacity of a pipeline to deliver pipeline services, including—\n\n\t(a)\tthe circumstances when and how it is to happen; and\n\n\t(b)\tthe legal consequences of a transfer of that capacity.\nThe establishment and maintenance of registers of unutilised capacity of pipelines to deliver pipeline services, including the information to be included in such registers.\nThe public availability of information on registers referred to in item 27.\nThe provision of information to users of information about unutilised capacity of pipelines to deliver pipeline services.\nThe conditions a service provider may impose for the provision of pipeline services.\nAccess disputes\nAccess dispute notices, including—\n\n\t(a)\tthe content of access dispute notices; and\n\n\t(b)\tprocedures for dealing with access dispute notices; and\n\n\t(c)\twithdrawal of access dispute notices.\nParties to an access dispute, including—\n\n\t(a)\tapplications to become a party to an access dispute; and\n\n\t(b)\tprocedures for dealing with applications to become a party to an access dispute.\nMediation of access disputes involving small shippers, including—\n\n\t(a)\telections by small shippers to have an access dispute mediated; and\n\n\t(b)\tappointments of mediators; and\n\n\t(c)\tmediation procedures; and\n\n\t(d)\treports required to be given by mediators to the AER.\nProcedures and time limits for the making of access determinations, including a fast track procedure for scheme pipeline access disputes.\nThe appointment of persons to inquire into and report on the safe operation of pipelines for the purpose of enabling the relevant adjudicator to make an access determination.\nPrinciples to be taken into account by the relevant adjudicator when making an access determination.\nMatters an access determination may deal with.\nThe kinds of access determinations that may be made, including determinations—\n\n\t(a)\trequiring prospective users or users to make capital contributions towards a service provider's capital expenditure for the expansion of the capacity of pipelines; and\n\n\t(b)\tthat enable service providers to charge prospective users or users surcharges to recover capital expenditure for the expansion of the capacity of pipelines.\nCircumstances in which an access dispute may be terminated.\nProcedures for varying an access determination.\nAllocation of costs of an arbitration between parties to a non‑scheme pipeline access dispute.\nProcedures for correcting errors in an access determination.\nSale and supply of gas to customers\nCredit support arrangements between service providers and retailers, including the financial obligations of service providers and retailers to support the sale and supply of covered gas to retail customers.\nCharges for the connection of premises of retail customers.\nRegulatory economic methodologies\nThe regulatory economic methodologies (including the use of the methodology known as the \"building block approach\") to be applied by—\n\n\t(a)\tthe AER in approving or making an access arrangement; or\n\n\t(b)\tthe AER in approving revisions or a variation to an applicable access arrangement; or\n\n\t(c)\tthe relevant adjudicator in making an access determination.\nIf the Rules provide for the regulatory economic methodology known as the \"building block approach\" to be applied by—\n\n\t(a)\tthe AER for the purpose of approving or making an access arrangement; or\n\n\t(b)\tthe AER for the purpose of approving revisions or a variation to an applicable access arrangement; or\n\n\t(c)\tthe relevant adjudicator for the purpose of making an access determination,\nthe determination by the AER or the relevant adjudicator (as the case requires) of allowances for—\n\n\t(d)\tdepreciation; or\n\n\t(e)\tthe operating costs of a service provider; or\n\n\t(f)\tif the service provider is a corporation, the income tax payable by corporations.\nThe methodology known as \"total factor productivity\"—\n\n\t(a)\tas a regulatory economic methodology to be applied by—\n\t(i)\tthe AER for the purpose of approving or making an access arrangement; or\n\t(ii)\tthe AER for the purpose of approving revisions or a variation to an applicable access arrangement; or\n\t(iii)\tthe relevant adjudicator for the purpose of making an access determination; and\n\n\t(b)\tas an economic regulatory tool to inform and assist the AER in applying, or analysing the application of, the regulatory economic methodology known as the \"building block approach\" by the AER for the purpose of—\n\t(i)\tapproving or making an access arrangement; or\n\t(ii)\tapproving revisions or a variation to an applicable access arrangement; and\n\n\t(c)\tas an economic regulatory tool to inform and assist the relevant adjudicator in applying, or analysing the application of, the regulatory economic methodology known as the \"building block approach\" by the relevant adjudicator for the purpose of making an access determination in relation to the dispute.\nThe capital base with respect to a pipeline, and of a new facility for the purposes of—\n\n\t(a)\tapproving or making an access arrangement; or\n\n\t(b)\tapproving revisions or a variation to an applicable access arrangement; or\n\n\t(c)\tmaking an access determination.\nThe assessment, or treatment of, investment in pipelines and new facilities by—\n\n\t(a)\tthe AER for the purposes of approving or making an access arrangement; or\n\n\t(b)\tthe AER for the purposes of approving revisions or a variation to an applicable access arrangement; or\n\n\t(c)\tthe relevant adjudicator for the purposes of making an access determination in relation to the dispute.\nThe economic framework and methodologies to be applied by the AER or the relevant adjudicator for the purposes of item 49.\nIncentives for service providers to make efficient operating and investment decisions including, where applicable, service performance incentive schemes.\nThe treatment of capital contributions referred to in item 38(a) when determining the capital base with respect to a pipeline.\nThe handling of surcharges referred to in item 38(b).\nAER economic regulatory function or powers\nThe way in which the AER performs or exercises an AER economic regulatory function or power, including the basis on which the AER makes an AER economic regulatory decision.\nPrinciples to be applied, and procedures to be followed, by the AER in exercising or performing an AER economic regulatory function or power.\nEast coast gas system reliability and supply adequacy functions\n55T\nThe development of reliability standards, including standards applying to specified geographical zones, location, markets, infrastructure or entities.\n55U\nThe obligations and functions of AEMO, the AEMC or the AER in relation to the reliability standards, including determining the standards, or the manner or process for determining the standards.\n55V\nThe way in which AEMO must use or consider the reliability standards in the exercise of its east coast gas system reliability and supply adequacy functions.\n55W\nThe way in which AEMO must or, without limitation, may exercise or perform its east coast gas system reliability and supply adequacy functions.\n55X\nArrangements to enable AEMO to contract with other parties to reduce or curtail covered gas demand.\n55Y\nObligations on relevant entities to contract with each other for certain purposes and on certain terms and conditions.\n55Z\nArrangements to procure, by or on behalf of AEMO, the supply or storage of covered gas, transport capacity and other services for the purposes of AEMO′s east coast gas system reliability and supply adequacy functions, including the terms and conditions of the procurement.\n55ZA\nMeasures or mechanisms that must or may be implemented in response to actual or potential threats to the reliability or adequacy of the supply of covered gas within the east coast gas system.\n55ZB\nObligations on retailers, gas powered generators and other large gas users to develop plans to manage peak or other demand scenarios, including the form, content and implementation of those plans.\n55ZC\nArrangements to enable AEMO to, publicly or otherwise, signal or communicate actual or potential threats to the reliability or adequacy of the supply of covered gas within the east coast gas system, including the convening of conferences and requiring particular participants to attend those conferences.\n55ZD\nThe payment of fees and charges under section 91E to enable AEMO to recover costs relating to its east coast gas system reliability and supply adequacy functions.\n55ZE\nThe provision of information to AEMO in relation to its east coast gas system reliability and supply adequacy functions, who must give AEMO the information, the circumstances in which the information may or must be given and the way in which the information may or must be given, including a way set out in the Procedures.\n55ZF\nArrangements to pay compensation to relevant entities adversely affected by AEMO′s exercise or performance of its east coast gas system reliability and supply adequacy functions, and to recover the compensation paid from relevant entities.\n55ZG\nArrangements to assist AEMO and participating jurisdictions to coordinate with each other in relation to addressing actual or potential threats.\nAER gas price reporting functions\nThe AER gas price reporting functions.\nAEMO\n\nA registration scheme to be administered by AEMO for Registered participants in relation to a regulated gas market; the prudential and other requirements to be met by a Registered participant; exemption from registration; the suspension from registration or deregistration of a Registered participant; the exclusion of a Registered participant from a regulated gas market operated or administered by AEMO.\nThe operation and administration of a regulated gas market.\nThe declared system functions or STTM functions.\nAEMO's functions, powers and duties, and the duties and obligations of Registered participants, exempted participants and others, in regard to the operation of a declared transmission system or a regulated gas market.\nThe setting of prices (including maximum and minimum prices) for covered gas and services purchased through the declared wholesale gas market or short term trading market operated and administered by AEMO.\nThe regulation of a declared LNG storage provider and liquefied natural gas stored by the provider.\nThe metering of covered gas to record the production, consumption or quality of covered gas.\nThe registration of metering installations used to meter covered gas.\nThe regulation of persons providing metering services relating to the metering of covered gas.\nThe matters to be dealt with in the gas statement of opportunities and the obligations of AEMO and other persons in regard to its preparation, review, revision and publication.\nPrinciples to be applied, and procedures to be followed, by AEMO in exercising a power or performing a function in relation to the gas statement of opportunities.\nIn relation to the gas statement of opportunities—\n\n\t(a)\tthe kinds of information that may or must be given to AEMO for the gas statement of opportunities, including—\n\t(i)\thistoric, current and forecast information; and\n\t(ii)\tinformation that may be derived from other information in the possession or control of the person required to provide the information; and\n\n\t(b)\twho must give AEMO the information; and\n\n\t(c)\tthe circumstances in which the information may or must be given; and\n\n\t(d)\tthe procedure for giving the information.\nFees payable to AEMO for services provided, or statutory functions performed, under this Law, the Rules or the Procedures.\nThe payment of money (including the payment of interest and the provision of related security)—\n\n\t(a)\tfor the settlement of transactions for covered gas or services purchased or supplied through a regulated gas market operated and administered by AEMO; or\n\n\t(b)\tto or from a Rule fund; or\n\n\t(c)\tfor any service provided, or statutory function performed, for which the Rules require payment.\nRules for determining the ownership of, and the transfer of title to, covered gas supplied at an STTM hub and for resolving disputes about ownership.\nThe terms and conditions on which service providers, or classes of service providers, may recover costs for allocating quantities of covered gas relating to market operator services.\nThe operation and administration of a gas trading exchange.\nThe content, operation and administration of a gas trading exchange agreement.\nThe duties and obligations of members of a gas trading exchange.\nOther rules relating to the conduct (including suspension) of the members of a gas trading exchange.\nThe determination and settlement of payments in relation to a gas trading exchange.\nGas Bulletin Board\nThe establishment and maintenance of a website that contains information in relation to the covered gas industry.\nPrinciples to be applied, and procedures to be followed, by AEMO in exercising a power or performing a function in relation to the Gas Bulletin Board.\nThe kinds of information that may or must be given to AEMO, who must give AEMO the information, the circumstances in which the information may or must be given, and the procedure for giving the information.\nThe kinds of information that may or must be included on the Gas Bulletin Board and the manner in which information is to be dealt with before being put on the Gas Bulletin Board, including, but not limited to, the removal of information that would identify the person who gave the information.\nPersons, or classes of persons, to whom the requirement to give information does not apply and the circumstances in which the requirement does not apply, including, but not limited to, the grant of power to AEMO to exempt persons, or classes of persons, from that requirement.\nThe circumstances in which the requirement to give information may start to apply again to the persons, or classes of persons, mentioned in item 82.\nPersons, or classes of persons, who may access the Gas Bulletin Board and the class, or classes, of information to which they may have access.\nThe terms and conditions on which the persons, or classes of persons, mentioned in item 84 may access the Gas Bulletin Board.\nThe procedure for dealing with information that was, but is no longer, on the Gas Bulletin Board.\nPersons, or classes of persons, who may have access to information that was, but is no longer on the Gas Bulletin Board and the class, or classes, of information to which they may have access.\nThe terms and conditions on which the persons, or classes of persons, mentioned in item 87 may have access to information that was, but is no longer on the Gas Bulletin Board.\nThe terms and conditions on which service providers, or classes of service providers, may recover amounts from AEMO for aggregating Bulletin Board information for the Bulletin Board operator.\nMatters mentioned in items 78 to 89, in so far as they relate to emergency situations.\nFacilitating capacity trades and the capacity auction\nThe making of, and amendment to, an Operational Transportation Service Code, including—\n\n\t(a)\tthe establishment, membership and operation of a representative panel for the Code; and\n\n\t(b)\tthe functions of AEMO in relation to the panel; and\n\n\t(c)\tthe functions of the panel in connection with proposals for amendment of the Code.\nThe content of an Operational Transportation Service Code.\nRequirements for a standard OTSA and the services provided under a standard OTSA.\nPublication of a standard OTSA, entry into a standard OTSA and amendment of a standard OTSA.\nRequirements for transportation service providers to give effect to operational transfers.\nThe determination of payments to transportation service providers for use of an operational transportation service after termination or suspension of the contract from which the transportation capacity was first derived.\nA registration scheme to be administered by AEMO for registration of transportation service providers and transportation facilities.\nThe provision of information to AEMO about the points at or between which transportation services are provided and the publication of that information by AEMO.\nThe allocation of service points to zones and the transfer of transportation capacity between service points.\nThe recording of information about nominations and renominations for the use of transportation services and the scheduling and curtailment of transportation services and the provision of that information to AEMO or the AER.\nThe recovery of the costs of transportation service providers in connection with the provision of a standard OTSA, a capacity auction and the transaction support arrangements and the publication of schedules of charges.\nThe negotiation or determination of provisions in agreements with transportation facility users to facilitate sale by operational transfer and the transfer of capacity between service points.\nExemptions in connection with a standard OTSA or capacity auction.\nCapacity auctions\nThe capacity auction functions and the operation and administration of a capacity auction.\nThe transportation services to be available through a capacity auction and the determination of the quantities of transportation capacity to be offered in the capacity auction.\nThe form of a capacity auction and the rules relating to the conduct (including suspension) of a capacity auction.\nThe duties and obligations of transportation service providers in relation to a capacity auction, including the provision of information and the maintenance of records in relation to the nomination, scheduling and supply of transportation services.\nThe content, operation and administration of capacity auction agreements.\nThe duties and obligations of capacity auction participants.\nThe activities of transportation service providers and transportation facility users in connection with a capacity auction.\nThe determination and settlement of payments in relation to a capacity auction.\nThe order of priority to be given to transportation services using transportation capacity bought in a capacity auction, including in the scheduling, supply or curtailment of transportation services.\nThe classification of transportation services as priority services in connection with a capacity auction.\nThe functions of the AER in relation to transportation services classified as priority services in connection with a capacity auction and variations to those services.\nStandard market timetable\nProvision for or with respect to a standard market timetable, including requirements concerning use of a standard market timetable and the measurement of gas flows over periods corresponding to the standard gas day.\nProvision for or with respect to the negotiation or determination of amendments to contracts for transition to the use of a standard market timetable.\nMiscellaneous\nSpecification of pipeline services as reference services.\nThe preparation (including public consultation) and publication by the AER of discussion papers relating to the AER's functions and powers under this Law and the Rules.\nReviews by or on behalf of—\n\n\t(a)\tthe AER or the AEMC; or\n\n\t(b)\tany other person appointed, in accordance with the Rules.\nReporting and disclosing information to the AER.\nThe establishment and maintenance of a register by the AEMC of the following:\n\n\t(a)\tall previous and current determinations and decisions made in relation to a pipeline under Chapter 3; and\n\n\t(b)\tall previous and current exemptions from publishing prescribed transparency information under section 136C; and\n\n\t(c)\tall previous and current determinations and decisions made in relation to a pipeline under Chapters 3 and 5 as in force from time to time before the commencement of Part 19 of Schedule 3.\n121A\nThe establishment and maintenance of a register by the AEMC of the following actions under this Law or the Rules by the AER or a dispute resolution body:\n\n\t(a)\tdeterminations in relation to covered gas other than determinations recorded on the register kept under item 121;\n\n\t(b)\tdecisions in relation to covered gas.\nTime periods within which the AER must make a decision (including an AER economic regulatory decision).\nExtensions to periods of time referred to in item 122.\nReports into failures to make decisions within a specified period of time and the publication of such reports.\nConfidential information held by service providers, users, prospective users, end users, the AER, the AEMC, AEMO and other persons or bodies conferred a function, or exercising a power or right, or on whom an obligation is imposed, under the Rules, and the manner and circumstances in which that information may be disclosed.\nDispute resolution, including—\n\n\t(a)\tdefinition of the class of disputes subject to the dispute resolution provisions of the Rules; and\n\n\t(b)\tthe appointment of persons to arbitrate, mediate or assist in some other way in the resolution of such disputes; and\n\n\t(c)\tthe appointment of a person to manage and facilitate the dispute resolution process (without however derogating from that person's power to act personally as an arbitrator or mediator in a particular dispute); and\n\n\t(d)\tthe dispute resolution process; and\n\n\t(e)\trights of appeal on questions of law against decisions made in the course of the dispute resolution process.\n126A\nSchemes dealing with the transition of 1 or more types of covered gas facility from a facility that handles natural gas to a facility that handles another covered gas.\nEnergy Consumers Australia (including provisions for its funding).\nThe modification of section 3, 8 or 10.8 of the Gas Code as those sections apply to a transitioned access arrangement (as defined in clause 1 of Schedule 3 to this Law).\nSee also clause 30 of Schedule 3 to this Law.\nAny other matter or thing that is the subject of, or is of a kind dealt with by, a provision of the Gas Code as in operation and effect immediately before the commencement of section 20 of the National Gas (South Australia) Act 2008 of South Australia.\nAny other matter or thing that is the subject of, or is of a kind dealt with by, a provision of the superseded jurisdictional rules.\nAny matter or thing relating to gas prescribed by the Regulations.\nSchedule 2—Miscellaneous provisions relating to interpretation\n(section 20)\n1—Displacement of Schedule by contrary intention\n\t(1)\tThe 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\t(2)\tThe 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.\nPart 2—General\n2—Law to be construed not to exceed legislative power of Legislature\n\t(1)\tThis 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\t(2)\tIf 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—\n\t(a)\tit is a valid provision to the extent to which it is not in excess of the power; and\n\t(b)\tthe remainder of this Law, and the application of the provision to other persons, subject matters or circumstances, is not affected.\n\t(3)\tWithout 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\".\n\t(4)\tIn 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—\n\t(a)\tis within the legislative powers of this jurisdiction; and\n\t(b)\tis 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\t(4a)\tTo 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—\n\t(a)\tcontravene any constitutional doctrine under the Constitution of the Commonwealth restricting the duties that may be imposed on a Commonwealth officer or body; or\n\t(b)\totherwise exceed the legislative powers of this jurisdiction.\n\t(4b)\tIf imposing on the Commonwealth officer or body the duty to do that thing would—\n\t(a)\tcontravene any constitutional doctrine restricting the duties that may be imposed on a Commonwealth officer or body; or\n\t(b)\totherwise 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).\n\t(5)\tThis clause does not limit the effect that a provision of this Law would validly have apart from this clause.\n3—Changes of drafting practice not to affect meaning\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.\n4—Material that is, and is not, part of Law\n\t(1)\tThe heading to a Chapter, Part, Division or Subdivision into which this Law is divided is part of this Law.\n\t(2)\tA Schedule to this Law is part of this Law.\n\t(3)\tA heading to a section or subsection of this Law does not form part of this Law.\n\t(4)\tA note at the foot of a provision of this Law does not form part of this Law.\n\t(5)\tAn 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.\n5—References to particular Acts and to enactments\n\t(a)\tan Act of this jurisdiction may be cited—\n\t(ii)\tin another way sufficient in an Act of this jurisdiction for the citation of such an Act; and\n\t(b)\ta Commonwealth Act may be cited—\n\t(ii)\tin another way sufficient in a Commonwealth Act for the citation of such an Act,\ntogether with a reference to the Commonwealth; and\n\t(c)\tan Act of another jurisdiction may be cited—\n\t(ii)\tin another way sufficient in an Act of the jurisdiction for the citation of such an Act,\ntogether with a reference to the jurisdiction.\n6—References taken to be included in Act or Law citation etc\n\t(1)\tA reference in this Law to an Act includes a reference to—\n\t(a)\tthe Act as originally enacted, and as amended from time to time since its original enactment; and\n\t(b)\tif 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\t(2)\tA reference in this Law to a provision of this Law or of an Act includes a reference to—\n\t(a)\tthe provision as originally enacted, and as amended from time to time since its original enactment; and\n\t(b)\tif 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\t(3)\tSubclauses (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.\n7—Interpretation best achieving Law's purpose\n\t(1)\tIn 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\t(2)\tSubclause (1) applies whether or not the purpose is expressly stated in this Law.\n8—Use of extrinsic material in interpretation\n\t(1)\tIn this clause—\nLaw extrinsic material means relevant material not forming part of this Law, including, for example—\n\t(a)\tmaterial 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\t(b)\ta 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\t(c)\tan 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\t(d)\tthe 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\t(e)\tmaterial 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\t(f)\ta 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—\n\t(a)\ta draft Rule determination; or\n\t(b)\ta final Rule determination; or\n\t(c)\tany document (however described)—\n\t(i)\trelied on by the AEMC in making a draft Rule determination or final Rule determination; or\n\t(ii)\tadopted by the AEMC in making a draft Rule determination or final Rule determination.\n\t(2)\tSubject 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—\n\t(a)\tif the provision is ambiguous or obscure, to provide an interpretation of it; or\n\t(b)\tif 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\t(c)\tin any other case, to confirm the interpretation conveyed by the ordinary meaning of the provision.\n\t(3)\tSubject 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—\n\t(a)\tif the provision is ambiguous or obscure, to provide an interpretation of it; or\n\t(b)\tif 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\t(c)\tin any other case, to confirm the interpretation conveyed by the ordinary meaning of the provision.\n\t(4)\tIn 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—\n\t(a)\tthe desirability of a provision being interpreted as having its ordinary meaning; and\n\t(b)\tthe undesirability of prolonging proceedings without compensating advantage; and\n\t(c)\tother relevant matters.\n9—Compliance with forms\n\t(1)\tIf 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\t(2)\tIf a form prescribed or approved by or for the purpose of this Law requires—\n\t(a)\tthe form to be completed in a specified way; or\n\t(b)\tspecified information or documents to be included in, attached to or given with the form; or\n\t(c)\tthe 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.\nPart 3—Terms and references\n10—Definitions\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—\n\t(a)\tomit or omit and substitute; or\n\t(b)\talter or vary; or\n\t(c)\tamend by implication;\nappoint includes re‑appoint;\nbreach includes fail to comply with;\nbusiness day means a day that is not—\n\t(a)\ta Saturday or Sunday;\n\t(b)\tobserved 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—\n\t(a)\timmediately before the beginning of the corresponding day of the next named month; or\n\t(b)\tif 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—\n\t(a)\tgives a meaning to a word or expression; or\n\t(b)\tlimits or extends the meaning of a word or expression;\ndocument includes—\n\t(a)\tany paper or other material on which there is writing; or\n\t(b)\tany 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\t(c)\tany 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—\n\t(a)\ta legal or equitable estate in the land or other property; or\n\t(b)\ta 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—\n\t(a)\ta number expressed in figures or words; or\n\t(b)\ta letter; or\n\t(c)\ta 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—\n\t(a)\ta Part, Division, Subdivision, section, subsection, paragraph, subparagraph, subsubparagraph or Schedule of or to this Law or the Act; or\n\t(b)\ta section, clause, subclause, item, column, table or form of or in a Schedule to this Law or the Act; or\n\t(c)\tthe long title and any preamble to the Act;\nrecord includes information stored or recorded by means of a computer;\nrepeal includes—\n\t(a)\trevoke or rescind; or\n\t(b)\trepeal by implication; or\n\t(c)\tabrogate or limit the effect of the law or instrument concerned; or\n\t(d)\texclude 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.\n11—Provisions relating to defined terms and gender and number\n\t(1)\tIf this Law defines a word or expression, other parts of speech and grammatical forms of the word or expression have corresponding meanings.\n\t(2)\tDefinitions in or applicable to this Law apply except so far as the context or subject matter otherwise indicates or requires.\n\t(3)\tIn this Law, words indicating a gender include each other gender.\n\t(4)\tIn this Law—\n\t(a)\twords in the singular include the plural; and\n\t(b)\twords in the plural include the singular.\n12—Meaning of may and must etc\n\t(1)\tIn 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\t(2)\tIn 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\t(3)\tThis clause has effect despite any rule of construction to the contrary.\n13—Words and expressions used in statutory instruments\n\t(1)\tWords 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\t(2)\tThis clause has effect in relation to an instrument except so far as the contrary intention appears in the instrument.\n14—References to Minister\n\t(1)\tIn this Law—\n\t(a)\ta reference to a Minister is a reference to a Minister of the Crown of this jurisdiction; and\n\t(b)\ta 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\t(2)\tIn a provision of this Law, a reference to \"the Minister\", without specifying a particular Minister by title is a reference to—\n\t(a)\tthe Minister of this jurisdiction administering the provision; or\n\t(b)\tif, for the time being, different Ministers of this jurisdiction administer the provision in relation to different matters—\n\t(i)\tif only 1 Minister of this jurisdiction administers the provision in relation to the relevant matter, the Minister; or\n\t(ii)\tif 2 or more Ministers of this jurisdiction administer the provision in relation to the relevant matter, any 1 of those Ministers; or\n\t(c)\tif paragraph (b) does not apply and, for the time being, 2 or more Ministers administer the provision, any 1 of the Ministers.\n\t(3)\tFor the removal of doubt, it is declared that if—\n\t(a)\ta provision of this Law is administered by 2 or more Ministers of this jurisdiction; and\n\t(b)\tthe 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.\n15—Production of records kept in computers etc\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—\n\t(a)\tto produce the information or a document containing the information to a court, tribunal or person; or\n\t(b)\tto make a document containing the information available for inspection by a court, tribunal or person,\nthen, unless the court, tribunal or person otherwise directs—\n\t(c)\tthe 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\t(d)\tthe production to the court, tribunal or person of the document in that form complies with the requirement.\n16—References to this jurisdiction to be implied\n\t(a)\ta 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\t(b)\ta 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.\n17—References to officers and holders of offices\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.\n18—Reference to certain provisions of Law\nIf a provision of this Law refers—\n\t(a)\tto 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\t(b)\tto 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\t(c)\tto 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—\n\t(i)\tthe Division, designated by the number, of the Part in which the reference occurs; and\n\t(ii)\tthe Subdivision, designated by the number, of the Division in which the reference occurs; and\n\t(iii)\tthe subsection, designated by the number, of the section in which the reference occurs; and\n\t(iv)\tthe paragraph, designated by the number, of the section, subsection, Schedule or other provision in which the reference occurs; and\n\t(v)\tthe 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\t(vi)\tthe subparagraph, designated by the number, of the paragraph in which the reference occurs; and\n\t(vii)\tthe subsubparagraph, designated by the number, of the subparagraph in which the reference occurs; and\n\t(viii)\tthe 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.\nPart 4—Functions and powers\n19—Performance of statutory functions\n\t(1)\tIf 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\t(2)\tIf 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\t(3)\tIf 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.\n20—Power to make instrument or decision includes power to amend or repeal\nIf this Law authorises or requires the making of an instrument, decision or determination—\n\t(a)\tthe power includes power to amend or repeal the instrument, decision or determination; and\n\t(b)\tthe 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.\n21—Matters for which statutory instruments may make provision\n\t(1)\tIf 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—\n\t(a)\tan Act or statutory instrument; or\n\t(b)\tanother document (whether of the same or a different kind),\nas in force at a particular time or as in force from time to time.\n\t(2)\tIf 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\t(3)\tA statutory instrument may—\n\t(b)\tvary according to the persons, times, places or circumstances to which it is expressed to apply.\n\t(4)\tA 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\t(5)\tIf 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\t(6)\tIf 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\t(7)\tA 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\t(8)\tA 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\t(9)\tIn this clause—\nstatutory instrument does not include the National Gas Rules.\n22—Presumption of validity and power to make\n\t(1)\tAll 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\t(2)\tA 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.\n23—Appointments may be made by name or office\n\t(1)\tIf this Law authorises or requires a person or body—\n\t(a)\tto appoint a person to an office; or\n\t(b)\tto appoint a person or body to exercise a power; or\n\t(c)\tto appoint a person or body to do another thing,\nthe person or body may make the appointment by—\n\t(d)\tappointing a person or body by name; or\n\t(e)\tappointing a particular officer, or the holder of a particular office, by reference to the title of the office concerned.\n\t(2)\tAn 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.\n24—Acting appointments\n\t(1)\tIf 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—\n\t(a)\ta person by name; or\n\t(b)\ta particular officer, or the holder of a particular office, by reference to the title of the office concerned,\nto act in the office.\n\t(2)\tThe appointment may be expressed to have effect only in the circumstances specified in the instrument of appointment.\n\t(3)\tThe appointer may—\n\t(a)\tdetermine the terms and conditions of the appointment, including remuneration and allowances; and\n\t(b)\tterminate the appointment at any time.\n\t(4)\tThe appointment, or the termination of the appointment, must be in, or evidenced by, writing signed by the appointer.\n\t(5)\tThe appointee must not act for more than 1 year during a vacancy in the office.\n\t(6)\tIf 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—\n\t(a)\tthe appointer otherwise directs; or\n\t(b)\tthe vacancy is filled; or\n\t(c)\tthe end of a year from the day of the vacancy,\nwhichever happens first.\n\t(7)\tThe appointment ceases to have effect if the appointee resigns by writing signed and delivered to the appointer.\n\t(8)\tWhile the appointee is acting in the office—\n\t(a)\tthe appointee has all the powers and functions of the holder of the office; and\n\t(b)\tthis Law and other laws apply to the appointee as if the appointee were the holder of the office.\n\t(9)\tAnything done by or in relation to a person purporting to act in the office is not invalid merely because—\n\t(a)\tthe occasion for the appointment had not arisen; or\n\t(b)\tthe appointment had ceased to have effect; or\n\t(c)\tthe occasion for the person to act had not arisen or had ceased.\n\t(10)\tIf 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.\n25—Powers of appointment imply certain incidental powers\n\t(1)\tIf this Law authorises or requires a person or body to appoint a person to an office—\n\t(a)\tthe power may be exercised from time to time as occasion requires; and\n\t(b)\tthe power includes—\n\t(i)\tpower to remove or suspend, at any time, a person appointed to the office; and\n\t(ii)\tpower to appoint another person to act in the office if a person appointed to the office is removed or suspended; and\n\t(iii)\tpower to reinstate or reappoint a person removed or suspended; and\n\t(iv)\tpower to appoint a person to act in the office if it is vacant (whether or not the office has ever been filled); and\n\t(v)\tpower 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\t(2)\tThe 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\t(3)\tThe power to make an appointment under subclause (1)(b) may be exercised from time to time as occasion requires.\n\t(4)\tAn appointment under subclause (1)(b) may be expressed to have effect only in the circumstances specified in the instrument of appointment.\n26—Delegation\n\t(1)\tIf this Law authorises a person to delegate a function or power, the person may, in accordance with this Law, delegate the power to—\n\t(a)\ta person by name; or\n\t(b)\ta particular officer, or the holder of a particular office, by reference to the title of the office concerned.\n\t(2)\tThe delegation—\n\t(a)\tmay be general or limited; and\n\t(b)\tmay be made from time to time; and\n\t(c)\tmay be revoked, wholly or partly, by the delegator.\n\t(3)\tThe 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\t(4)\tA delegated function or power may be exercised only in accordance with any conditions to which the delegation is subject.\n\t(5)\tThe delegate may, in the exercise of a delegated function or power, do anything that is incidental to the delegated function or power.\n\t(6)\tA 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\t(7)\tA delegated function or power that is duly exercised by the delegate is taken to have been exercised by the delegator.\n\t(8)\tIf, 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\t(9)\tIf a function or power is delegated to a particular officer or the holder of a particular office—\n\t(a)\tthe 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\t(b)\tthe function or power may be exercised by the person for the time being occupying or acting in the office concerned.\n\t(10)\tA function or power that has been delegated may, despite the delegation, be exercised by the delegator.\n27—Exercise of powers between enactment and commencement\n\t(1)\tIf a provision of this Law (the empowering provision) that does not commence on its enactment would, had it commenced, confer a power—\n\t(a)\tto make an appointment; or\n\t(b)\tto make a statutory instrument of a legislative or administrative character; or\n\t(c)\tto do another thing,\n\t(d)\tthe power may be exercised; and\n\t(e)\tanything 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.\n\t(2)\tIf 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—\n\t(a)\tto make an appointment; or\n\t(b)\tto make a statutory instrument of a legislative or administrative character; or\n\t(c)\tto do another thing,\n\t(d)\tthe power may be exercised; and\n\t(e)\tanything 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.\n\t(3)\tIf—\n\t(a)\tthis Law has commenced and confers a power to make a statutory instrument (the basic instrument making power); and\n\t(b)\ta 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\t(c)\tthe basic instrument making power and the additional instrument making power may be exercised by making a single instrument; and\n\t(d)\tany provision of the instrument that required an exercise of the additional instrument making power is to be treated as made under subclause (2).\n\t(4)\tIf an instrument, or a provision of an instrument, is made under subclause (1) or (2) that is necessary for the purpose of—\n\t(a)\tenabling the exercise of a power mentioned in the subclause; or\n\t(b)\tbringing an appointment, instrument or other thing made or done under such a power into effect,\nthe instrument or provision takes effect—\n\t(c)\ton the making of the instrument; or\n\t(d)\ton 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\t(5)\tIf—\n\t(a)\tan appointment is made under subclause (1) or (2); or\n\t(b)\tan 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—\n\t(c)\ton the commencement of the relevant empowering provision; or\n\t(d)\ton 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\t(6)\tAnything 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\t(7)\tAfter 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\t(8)\tIn 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.\nPart 5—Distance and time\n28—Matters relating to distance and time\n\t(1)\tIn 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\t(2)\tIf 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—\n\t(a)\tif 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\t(b)\tin any other case, by including the day on which the purpose is to be fulfilled.\n\t(3)\tIf 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\t(4)\tIf 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\t(5)\tIf 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\t(6)\tIf, 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.\nPart 6—Service of documents\n29—Service of documents and meaning of service by post etc\n\t(1)\tIf 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—\n\t(a)\ton a natural person—\n\t(i)\tby delivering it to the person personally; or\n\t(ii)\tby 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\t(iii)\tby sending it electronically to that person; or\n\t(b)\ton a body corporate—\n\t(i)\tby leaving it at the registered office or usual place of business of the body corporate with an officer of the body corporate; or\n\t(ii)\tby sending it by post, facsimile or similar facility to its registered office or its usual place of business; or\n\t(iii)\tby sending it electronically to that body corporate or an officer of the body corporate.\n\t(2)\tNothing in subclause (1)—\n\t(a)\taffects the operation of another law that authorises the service of a document otherwise than as provided in the subclause; or\n\t(b)\taffects the power of a court or tribunal to authorise service of a document otherwise than as provided in the subclause.\n30—Meaning of service by post etc\n\t(1)\tIf 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—\n\t(a)\tmay be effected by properly addressing, prepaying and posting the document as a letter; and\n\t(b)\tis 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\t(2)\tIf 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.\nPart 7—Evidentiary matters\nDivision 1—Publication on websites\n31—Definitions\ndecision maker means the AER, the AEMC or AEMO;\nrelevant decision or document means—\n\t(a)\ta decision (however described) or determination (however described) of a decision maker under this Law or the Rules; or\n\t(b)\tan 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;\n32—Publication of decisions on websites\n\t(1)\tFor 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—\n\t(a)\tthe relevant decision or document or relevant notice is made accessible in full on the website; or\n\t(b)\tnotice 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\t(2)\tThe 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).\nDivision 2—Evidentiary certificates\n33—Definitions\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;\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.\n34—Evidentiary certificates—AER\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:\n\t(a)\ta stated document is 1 of the following things, made, given, served or issued under this Law or the Rules:\n\t(i)\ta decision (however described) or determination (however described);\n\t(ii)\tan authorisation under section 32;\n\t(iii)\ta general regulatory information order;\n\t(iv)\ta notice, notification, direction or requirement;\n\t(b)\ta stated document is a copy of a thing referred to in paragraph (a);\n\t(ba)\ta stated document is a copy of a rate of return instrument;\n\t(c)\ton a stated day, a person was or was not:\n\t(i)\tgiven a decision (however described), or determination (however described);\n\t(ii)\tauthorised as an authorised person (within the meaning of section 31);\n\t(iii)\tserved a notice under section 42 or a regulatory information notice;\n\t(iv)\tnotified under section 52;\n\t(v)\tnotified under section 143(3) of the making of an AER ring fencing determination;\n\t(d)\ton a stated day any of the following were published on the AER's website:\n\t(i)\ta decision (however described) or determination (however described);\n\t(ii)\ta general regulatory information order;\n\t(iii)\tan access arrangement or revisions to an applicable access arrangement submitted for approval under section 113;\n\t(v)\ta relevant notice.\n35—Evidentiary certificates—AEMC\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:\n\t(a)\ta stated document is a decision (however described), made, given, served or issued under this Law;\n\t(b)\ta stated document is a copy of a thing referred to in paragraph (a);\n\t(c)\ton a stated day, a person was or was not given a decision (however described);\n\t(d)\ton a stated day a relevant notice was published on the AEMC's website.\n38—Evidentiary certificates—AEMO\n\t(1)\tIn any proceedings under this Law, any of the following certificates signed or purportedly signed by an authorised officer is evidence of the matter certified:\n\t(a)\ta 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\t(b)\ta 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\t(c)\ta certificate certifying that a decision, determination or notice was published on AEMO's website on a specified date.\n\t(2)\tFor this clause, an authorised officer is AEMO's CEO or a person authorised by AEMO's CEO to issue certificates under this clause.\nPart 8—Commencement of this Law and statutory instruments\n39—Time of commencement of this Law or a provision of this Law\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.\n40—Time of commencement of a Rule\n\t(1)\tIf a Rule provides that the Rule shall commence on a particular day, it shall commence at the beginning of that day.\n\t(2)\tIf 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\t(3)\tIf 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.\nPart 9—Effect of repeal, amendment or expiration\n41—Time of Law, the Regulations or Rules ceasing to have effect\nIf a provision of this Law, the Regulations or the Rules is expressed—\n\t(a)\tto expire on a specified day; or\n\t(b)\tto 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.\n42—Repealed Law, Regulation or Rule provisions not revived\n\t(1)\tIf 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—\n\t(a)\tis later repealed or amended; or\n\t(b)\tlater expires.\n\t(2)\tIf 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—\n\t(a)\tis later repealed or amended; or\n\t(b)\tlater expires.\n43—Saving of operation of repealed Law, Regulation or Rule provisions\n\t(1)\tThe repeal, amendment or expiry of a provision of this Law, the Regulations or the Rules does not—\n\t(a)\trevive anything not in force or existing at the time the repeal, amendment or expiry takes effect; or\n\t(b)\taffect the previous operation of the provision or anything suffered, done or begun under the provision; or\n\t(c)\taffect a right, privilege or liability acquired, accrued or incurred under the provision; or\n\t(d)\taffect a penalty incurred in relation to an offence arising under the provision; or\n\t(2)\tAny 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.\n44—Continuance of repealed provisions\n\t(1)\tIf 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\t(2)\tIf 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.\n45—Law and amending Acts to be read as one\nThis Law and all Acts of this jurisdiction amending this Law are to be read as one.\nPart 10—Offences under this Law\n46—Penalty at foot of provision\nIn this Law, a penalty specified at the foot of—\n\t(a)\ta section (whether or not the section is divided into subsections); or\n\t(b)\ta subsection (but not at the end of a section); or\n\t(c)\ta 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.\n47—Penalty other than at foot of provision\n\t(1)\tIn 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\t(2)\tThis clause does not apply to a penalty to which clause 36 applies.\n47A—Indexation of civil penalty amounts\n\t(1)\tEach civil penalty amount is to be adjusted in accordance with the method prescribed by the Regulations for the purposes of this clause.\n\t(2)\tThe first adjustment is to occur on 1 July 2023.\n\t(3)\tThe next adjustment is to occur on 1 July 2026 and an adjustment is to occur on 1 July every 3 years after that.\n\t(4)\tThe 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\t(5)\tA 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.\ncivil penalty amount means—\n\t(a)\teach amount specified in section 3A(1)(a), (b) or (c)(i) or (ii)(A); and\n\t(b)\teach amount specified as an infringement penalty in section 279.\n47B—Indexation of criminal penalties\n\t(1)\tEach criminal penalty amount is to be adjusted in accordance with the method prescribed by the Regulations for the purposes of this clause.\n\t(2)\tThe first adjustment is to occur on 1 July 2023.\n\t(3)\tThe next adjustment is to occur on 1 July 2026 and an adjustment is to occur on 1 July every 3 years after that.\n\t(4)\tThe 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\t(5)\tA 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.\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.\n48—Indictable offences and summary offences\n\t(1)\tAn offence against this Law that is not punishable by imprisonment is punishable summarily.\n\t(2)\tAn offence against this Law that is punishable by imprisonment is, subject to subclause (3), punishable on indictment.\n\t(3)\tIf—\n\t(a)\ta proceeding for an offence against this Law that is punishable by imprisonment is instituted in a court of summary jurisdiction; and\n\t(b)\tthe prosecutor requests the court to hear and determine the proceeding,\nthe offence is punishable summarily and the court must hear and determine the proceeding.\n\t(4)\tA court of summary jurisdiction must not—\n\t(a)\timpose, in relation to a single offence against this Law, a period of imprisonment of more than 2 years; or\n\t(b)\timpose, in relation to offences against the Law, cumulative periods of imprisonment that are, in total, more than 5 years.\n\t(5)\tNothing in this clause renders a person liable to be punished more than once in relation to the same offence.\n49—Double jeopardy\n\t(1)\tIf an act or omission constitutes an offence—\n\t(a)\tunder this Law as applied as a law of this jurisdiction; and\n\t(b)\tunder 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).\n\t(2)\tIf an act or omission constitutes—\n\t(a)\ta breach of a civil penalty provision of this Law as applied as a law of this jurisdiction; and\n\t(b)\ta 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).\n\t(3)\tThe 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\t(4)\tProceedings for a declaration referred to in subclause (3) are stayed if—\n\t(a)\tcriminal proceedings are commenced or have already been commenced against the person for an offence; and\n\t(b)\tthe offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the breach.\n\t(5)\tThe 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.\n50—Aiding and abetting, attempts etc\n\t(1)\tA 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\t(2)\tA person who attempts to commit an offence against this Law commits an offence and is punishable as if the attempted offence had been committed.\nPart 11—Instruments under this Law\n51—Schedule applies to statutory instruments\n\t(1)\tThis 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\t(2)\tThe 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.\nstatutory instrument includes the Regulations, the rate of return instrument, the Rules or Procedures.\n51A—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\t(1)\tA 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\t(2)\tIf 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—\n\t(a)\tit is a valid provision to the extent to which it is not in excess of the power; and\n\t(b)\tthe remainder of the instrument, and the application of the provision to other persons, subject matters or circumstances, is not affected.\n52—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\t(1)\tThe 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\t(2)\tIf 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—\n\t(a)\tit is a valid provision to the extent to which it is not in excess of that power; and\n\t(b)\tthe remainder of the National Gas Rules, and the application of the provision to other persons, subject matters, or circumstances, is not affected.\n\t(3)\tWithout 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\".\n\t(4)\tIn 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—\n\t(a)\tis within the legislative powers of this jurisdiction; and\n\t(b)\tis 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\t(4a)\tTo 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—\n\t(a)\tcontravene any constitutional doctrine under the Constitution of the Commonwealth restricting the duties that may be imposed on a Commonwealth officer or body; or\n\t(b)\totherwise exceed the legislative powers of this jurisdiction.\n\t(4b)\tIf imposing on the Commonwealth officer or body the duty to do that thing would—\n\t(a)\tcontravene any constitutional doctrine restricting the duties that may be imposed on a Commonwealth officer or body; or\n\t(b)\totherwise 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).\n\t(5)\tThis clause does not limit the effect that a provision of the National Gas Rules would validly have apart from this clause.\n53—Invalid Rules\n\t(1)\tIf the Court orders (by declaration or otherwise) that a Rule is invalid, the order of the Court does not—\n\t(a)\trevive anything not in force or existing at the time of the order of the Court; or\n\t(b)\taffect the previous operation of the Rule or anything suffered, done or begun under the Rule; or\n\t(c)\taffect a right, privilege or liability acquired, accrued or incurred under the Rule; or\n\t(d)\taffect a penalty arising because of a breach of the Rule; or\n\t(2)\tA 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.\n53A—Invalid rate of return instrument\n\t(1)\tThis clause applies if the Court orders (by declaration or otherwise) that a rate of return instrument is invalid.\n\t(2)\tThe AER must make a new rate of return instrument under this Law to replace the invalid instrument.\n\t(3)\tUntil 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\t(4)\tHowever, 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\t(5)\tSubclause (4) applies despite section 30Q(1).\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—\n\t(a)\trevoke the decision and substitute a new decision;\n\t(b)\tvary the decision.\nSchedule 3—Savings and transitionals\n(section 336)\n1—Definitions\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—\n\t(a)\tthat a pipeline is covered; and\n\t(b)\tthat 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)—\n\t(a)\tapproved under section 13U of that law; and\n\t(b)\tin 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—\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—\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—\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—\nrelevant appeals body has the same meaning as in section 2 of the old access law;\ntransitioned access arrangement means—\n\t(a)\ta current access arrangement; or\n\t(b)\tan access arrangement approved, or drafted and approved, in accordance with clause 28; or\n\t(c)\ta 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.\n1A—Words in particular provisions have meanings given by former section 2\n\t(1)\tWords 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.\nformer section 2 means section 2 of the Law as in force immediately before the commencement of Part 19.\n2—Schedule subject to jurisdictional transitional arrangements in jurisdictional legislation\n\t(1)\tThis 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).\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.\nPart 2—General savings provision\n3—Saving of operation of old access law and Gas Code\n\t(1)\tSubject to this Schedule, the Regulations and the Rules, the repeal of the old access law or Gas Code does not—\n\t(a)\trevive anything not in force or existing at the time the repeal takes effect; or\n\t(b)\taffect 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\t(c)\taffect a right, privilege or liability acquired, accrued or incurred under the old access law or Gas Code; or\n\t(d)\taffect a penalty incurred in relation to—\n\t(i)\tan offence arising under the old access law; or\n\t(ii)\ta penalty incurred in relation to a breach of a provision of the old access law or Gas Code; or\n\t(2)\tSubject 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.\nPart 3—Classification and coverage of pipelines\n4—Pending applications for the classification of pipelines lapse\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.\n5—Old scheme coverage determinations\nOn the commencement day, an old scheme coverage determination is deemed to be a coverage determination.\n6—Old scheme covered transmission pipelines\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.\n7—Old scheme covered distribution pipelines\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. \n8—Pending coverage applications under old scheme (before NCC recommendation)\n\t(a)\tthere is an old scheme coverage application; and\n\t(b)\tthe NCC has not made a recommendation in respect of that application under section 1.9 of the Gas Code before the commencement day.\n\t(2)\tOn 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.\n9—Pending relevant Minister decisions in relation to coverage under old scheme\n\t(a)\tan 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\t(b)\tan old scheme relevant Minister receives a recommendation of the NCC as provided for under clause 8 on or after the commencement day.\n\t(2)\tOn 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\t(3)\tA determination made in accordance with subclause (2) is deemed to be, on the relevant transition date—\n\t(a)\tif the determination is that the pipeline is covered—a coverage determination;\n\t(b)\tif the determination is that the pipeline is not covered—a decision not to make a coverage determination under section 99.\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.\n10—Pending relevant Minister decisions in relation to coverage that are reviewed under old scheme\n\t(a)\tan old scheme relevant Minister makes a determination under section 1.13 of the Gas Code in accordance with clause 9; and\n\t(b)\tan application is made under section 38 of the old access law for a review of the determination of the old scheme relevant Minister.\n\t(2)\tIf 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—\n\t(a)\tif the determination is that the pipeline is covered—a coverage determination;\n\t(b)\tif the determination is that the pipeline is not covered—a decision not to make a coverage determination under section 99.\n\t(3)\tIf 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—\n\t(a)\tif the effect of that determination is that the pipeline is covered—a coverage determination;\n\t(b)\tif the effect of that determination is that the pipeline is not covered—a decision not to make a coverage determination under section 99.\n\t(4)\tIf 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\t(5)\tIf 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—\n\t(b)\tif that determination is that the pipeline is not covered—a decision not to make a coverage determination under section 99.\n11—Pending old scheme coverage determinations where no applications for review under old scheme\n\t(a)\tthere is a pending old scheme coverage determination; and\n\t(b)\tan 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\t(2)\tThe 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.\n12—Pending old scheme coverage determinations where applications for review under old scheme on foot\n\t(a)\tthere is a pending old scheme coverage determination; and\n\t(b)\tan application has been made under section 38 of the old access law for a review of the determination before the commencement day.\n\t(2)\tIf 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\t(3)\tIf 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\t(4)\tIf 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\t(5)\tIf 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—\n\t(b)\tif that determination is that the pipeline is not covered—a decision not to make a coverage determination under section 99.\n13—Pending old scheme no-coverage determinations where no applications for review under old scheme\n\t(a)\tthere is a pending old scheme no-coverage determination; and\n\t(b)\tan 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\t(2)\tThe 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.\n14—Pending old scheme no-coverage determinations where applications for review under old scheme on foot\n\t(a)\tthere is a pending old scheme no-coverage determination; and\n\t(b)\tan application has been made under section 38 of the old access law for a review of the determination before the commencement day.\n\t(2)\tIf 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\t(3)\tIf 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\t(4)\tIf 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\t(5)\tIf 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—\n\t(b)\tif that determination is that the pipeline is not covered—a decision not to make a coverage determination under section 99.\n15—Pending coverage revocation applications under old scheme (before NCC recommendation)\n\t(a)\tthere is an old scheme coverage revocation application; and\n\t(b)\tthe NCC has not made a recommendation in respect of that application under section 1.28 of the Gas Code before the commencement day.\n\t(2)\tOn 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.\n16—Pending relevant Minister decisions in relation to coverage revocation under old scheme\n\t(a)\tan 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\t(b)\tan old scheme relevant Minister receives a recommendation of the NCC as provided for under clause 15 after the commencement day.\n\t(2)\tOn 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\t(3)\tA determination made in accordance with subclause (2) is deemed to be, on the relevant transition date—\n\t(a)\tif the determination is that coverage of the covered pipeline is revoked—a coverage revocation determination;\n\t(b)\tif the determination is that coverage of the covered pipeline is not revoked—a decision not to make a coverage revocation determination under section 106.\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.\n17—Pending relevant Minister decisions in relation to coverage revocation that are reviewed under old scheme\n\t(a)\tan old scheme relevant Minister makes a determination under section 1.34 of the Gas Code in accordance with clause 16; and\n\t(b)\tan application is made under section 38 of the old access law for a review of the determination of the old scheme relevant Minister.\n\t(2)\tIf 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—\n\t(a)\tif the determination is that coverage of the covered pipeline is revoked—a coverage revocation determination;\n\t(b)\tif 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\t(3)\tIf 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—\n\t(a)\tif the effect of that determination is that coverage of the covered pipeline is revoked—a coverage revocation determination;\n\t(b)\tif 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\t(4)\tIf 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\t(5)\tIf 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—\n\t(b)\tif that determination is that coverage of the covered pipeline is not revoked—a decision not to make a coverage revocation determination under section 106.\n18—Pending old scheme coverage revocation determinations where no applications for review under old scheme\n\t(a)\tthere is a pending old scheme coverage revocation determination; and\n\t(b)\tan 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\t(2)\tThe 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.\n19—Pending old scheme coverage revocation determinations where applications for review under old scheme on foot\n\t(a)\tthere is a pending old scheme coverage revocation determination; and\n\t(b)\tan application has been made under section 38 of the old access law for a review of the determination before the commencement day.\n\t(2)\tIf 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\t(3)\tIf 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\t(4)\tIf 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\t(5)\tIf 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—\n\t(b)\tif that determination is that coverage of the covered pipeline is not revoked—a decision not to make a coverage revocation determination under section 106.\n20—Pending old scheme coverage non-revocation determinations where no applications for review under old scheme\n\t(a)\tthere is a pending old scheme coverage non-revocation determination; and\n\t(b)\tan 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\t(2)\tThe 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.\n21—Pending old scheme coverage non-revocation determinations where applications for review under old scheme on foot\n\t(a)\tthere is a pending old scheme coverage non-revocation determination; and\n\t(b)\tan application has been made under section 38 of the old access law for a review of the determination before the commencement day.\n\t(2)\tIf 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\t(3)\tIf 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\t(4)\tIf 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\t(5)\tIf 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—\n\t(b)\tif that determination is that coverage of the covered pipeline is not revoked—a decision not to make a coverage revocation determination under section 106.\n22—Binding no-coverage determinations\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.\n23—Pending applications for binding no-coverage determinations (before NCC recommendation)\n\t(a)\tan application under section 13D of the old access law for a binding no-coverage determination has been made before the commencement day; and\n\t(b)\tNCC has not made a recommendation under section 13J of the old access law in relation to that application before that day.\n\t(2)\tOn 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.\n24—Pending relevant Minister decisions for binding no-coverage determinations under old scheme\n\t(a)\tan 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\t(b)\tan old scheme relevant Minister receives a recommendation of the NCC as provided for under clause 23 on or after the commencement day.\n\t(2)\tOn 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\t(3)\tA decision made in accordance with subclause (2) is deemed to be, on the relevant transition date—\n\t(b)\tif the decision is not to make binding no-coverage determination—a decision not to make a 15-year no-coverage determination under section 162.\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.\n25—Pending relevant Minister decisions in relation to binding no‑coverage determinations that are reviewed under old scheme\n\t(a)\tan old scheme relevant Minister makes a decision under section 13J of the old access law in accordance with clause 24; and\n\t(b)\tan application is made under section 38 of the old access law for a review of the decision of the old scheme relevant Minister.\n\t(2)\tIf 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—\n\t(b)\tif 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\t(3)\tIf 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—\n\t(b)\tif 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\t(4)\tIf 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\t(5)\tIf 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—\n\t(a)\tif the determination is a binding no-coverage determination—a 15‑year no‑coverage determination;\n\t(b)\tif the determination is not to make binding no-coverage determination—a decision not to make a 15-year no-coverage determination under section 162.\nPart 4—Access arrangements\n26—Current access arrangements (other than old scheme limited access arrangements)\nSubject to this Part, on the commencement day—\n\t(a)\ta current access arrangement approved in—\n\t(i)\ta final decision under section 2.16 or 2.38 of the Gas Code; or\n\t(ii)\ta 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;\n\t(b)\ta 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.\n27—Old scheme limited access arrangements\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.\n28—Access arrangements submitted but not approved or rejected before repeal of old scheme\n\t(a)\ta 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\t(b)\tthe relevant Regulator has not, that day—\n\t(i)\tapproved 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\t(ii)\tdrafted and approved its own access arrangement under section 2.20 of the Gas Code.\n\t(2)\tOn 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\t(3)\tAn access arrangement approved, or drafted and approved, in accordance with subclause (2) is deemed to be, on the day the relevant decision takes effect—\n\t(a)\tin 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\t(b)\tin 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\t(4)\tDespite 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.\n29—Access arrangement revisions submitted but not approved or rejected before repeal of old scheme\n\t(a)\tproposed 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\t(b)\tthe relevant Regulator has not, before that day—\n\t(i)\tapproved 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\t(ii)\tdrafted and approved its own revisions under section 2.42 of the Gas Code.\n\t(2)\tOn 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\t(3)\tAn 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—\n\t(a)\tin 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\t(b)\tin 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\t(4)\tDespite 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.\n30—Certain provisions of the Gas Code to continue to apply to current and proposed access arrangements\n\t(1)\tDespite 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\t(2)\tTo 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\t(3)\tSections 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\t(4)\tFor the purposes of this clause—\n\t(a)\tthe 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\t(b)\tevery reference to a relevant Regulator in those sections as applied under this clause is deemed to be a reference to the AER.\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.\n31—Certain decisions relating to certain access arrangements are reviewable regulatory decisions for purposes of Chapter 8 Part 5 of the Law\n\t(1)\tDespite 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—\n\t(a)\tthat disallow a variation proposed by a service provider of a Reference Tariff contained in a transitioned access arrangement; or\n\t(b)\tto make the AER's own variation of a Reference Tariff in respect of a transitioned access arrangement—\n\t(i)\ton disallowing a variation proposed by a service provider; or\n\t(ii)\tbecause a service provider fails to submit such a variation as required.\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—\n\t(a)\tcommencing on the commencement day; and\n\t(b)\tending on the day after the day that is 15 business days after the first new scheme revisions commencement date.\nSee also clause 30.\n32—Limited access arrangements submitted but not approved before repeal of old scheme\n\t(1)\tThis clause applies if a proposed limited access arrangement or a proposed amendment to a limited access arrangement—\n\t(a)\thas been submitted under section 13U(1) of the old access law to the ACCC before the commencement day for approval; and\n\t(b)\tthe ACCC has not approved that limited access arrangement or that amendment before that day.\n\t(2)\tOn 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\t(3)\tA 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—\n\t(a)\tin 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\t(b)\tin 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.\n33—Extensions and expansions policies\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.\n34—Queuing policies\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.\nPart 5—Price regulation exemptions\n35—Old scheme price regulation exemptions\nOn the commencement day, an old scheme price regulation exemption in effect immediately before that day is deemed to be a price regulation exemption.\n36—Pending applications for price regulation exemptions\n\t(a)\tan 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\t(b)\tNCC has not made a recommendation under section 13R of the old access law in relation to that application before that day.\n\t(2)\tOn 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.\n37—Pending Commonwealth Minister decisions for price regulation exemptions\n\t(a)\tthe 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\t(b)\tthe Commonwealth Minister receives a recommendation of the NCC as provided for under clause 36 after the commencement day.\n\t(2)\tOn 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\t(3)\tIf 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.\nPart 6—Structural and operational separation (ring fencing)\n38—Definitions\nold scheme ring fencing requirement, in relation to a service provider, means—\n\t(a)\tsection 4.1(b) to (d), (h) or (i) of the Gas Code as those sections apply to the service provider subject to—\n\t(i)\tany 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\t(ii)\tany 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\t(b)\tany 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.\n39—Compliance with certain old scheme ring fencing requirements sufficient compliance for 6 month period\n\t(1)\tDespite 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\t(2)\tIn 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\t(3)\tA 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\t(4)\tIf 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).\n40—Existing waivers of ring fencing obligations\n\t(1)\tAfter 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\t(2)\tAfter 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\t(3)\tSubclauses (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.\n41—Additional ring fencing obligations\n\t(1)\tAfter 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\t(2)\tSubclause (1) does not apply to the extent to which a notice referred to in that subclause is inconsistent with this Law or the Rules.\nPart 7—Access disputes\n42—Non-finalised access disputes\n\t(1)\tA 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\t(2)\tHowever, 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—\n\t(a)\tevery 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\t(b)\tanything 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\t(c)\tthe 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\t(d)\tthe 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.\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.\nPart 8—Investigations and proceedings\n43—Investigations into breaches and possible breaches of the old access law or Gas Code\n\t(1)\tOn 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.\nrelevant Regulator investigation means an investigation into a breach or possible breach of the old access law or Gas Code that—\n\t(a)\thas been commenced by a relevant Regulator before the commencement day; and\n\t(b)\thas not been completed by the relevant Regulator before the commencement day.\n44—AER may conduct investigations into breaches or possible breaches of Gas Pipelines Access Law not investigated by a relevant Regulator\n\t(1)\tDespite 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\t(2)\tThe 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.\n45—AER may bring proceedings in relation to breaches of old access law and Gas Code\n\t(1)\tIn this clause—\nAER breach investigation means an investigation conducted and completed by the AER in accordance with clause 43 or 44.\n\t(2)\tOn and after the commencement day, the AER may bring proceedings in the Court in respect of an AER breach investigation.\n\t(3)\tDespite 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—\n\t(a)\ta reference in that Part to a relevant Regulator or the ACCC were a reference to the AER; and\n\t(b)\tregulation 5 of, and Schedule 2 to, the Gas Pipelines Access (South Australia) Regulations 1999 were not revoked.\nPart 9—Associate contracts\n46—Pending associate contract approvals that are approved after commencement day\n\t(1)\tThis clause applies if on the commencement day—\n\t(a)\tthere is a proposed associate contract (within the meaning of section 10.8 of the Gas Code) with a relevant Regulator for approval; and\n\t(b)\tthe relevant Regulator has not made a decision approving or not approving the proposed associate contract.\n\t(2)\tThe 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\t(3)\tIf 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—\n\t(a)\tthe day the relevant Regulator approves the associate contract in accordance with those sections; or\n\t(b)\tthe day the relevant Regulator is deemed to have approved the associate contract by operation of those sections.\n47—Pending associate contracts approvals that are not approved\n\t(1)\tThis clause applies if the relevant Regulator decides not to approve a proposed associate contract under clause 46.\n\t(2)\tIf 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\t(3)\tIf 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\t(4)\tIf—\n\t(b)\tthe 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.\n\t(5)\tIf—\n\t(b)\tthe 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.\n\t(6)\tIf—\n\t(b)\tthe 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.\n48—Approved associate contracts\n\t(1)\tOn the commencement day, an associate contract (within the meaning of section 10.8 of the Gas Code)—\n\t(a)\tin effect immediately before that day; and\n\t(b)\tthat has been approved by a relevant Regulator under section 7 of the Gas Code,\nis deemed to be an approved associate contract.\n\t(2)\tOn the commencement day, an associate contract (within the meaning of section 10.8 of the Gas Code)—\n\t(a)\tin effect immediately before that day; and\n\t(b)\tthat has been deemed to have been approved by operation of section 7 of the Gas Code,\nis deemed to be an approved associate contract.\nPart 10—Other\n49—Pending and final tender approval requests lapse\n\t(1)\tOn 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\t(2)\tOn 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.\n50—Decisions approving final approval requests\n\t(1)\tThis 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\t(a)\tthe decision of the relevant Regulator is deemed to be a tender approval decision that has become irrevocable by operation of the Rules; and\n\t(b)\tthe pipeline to which the decision relates is deemed to be a covered pipeline.\n51—Rights under certain change of law provisions in agreements or deeds not to be triggered\n\t(1)\tThe 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\t(2)\tSubclause (1) applies despite any provision in any agreement or deed to the contrary.\n52—References to relevant Regulator in access arrangements\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.\n53—Old scheme classifications and scheme participant determinations\n\t(1)\tOn 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)).\nold scheme classification and scheme participant determination means—\n\t(a)\ta classification and determination under section 10(5)(a) of the old access law; or\n\t(b)\ta determination under section 10(5)(b) of the old access law; or\n\t(c)\ta classification and determination under section 11(3) of the old access law.\nPart 11—Transitional provisions related to AEMO's new functions and its assumption of role of former gas market operators\nDivision 1—Preliminary\n54—Definitions\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—\n\t(a)\ta present, future or contingent legal or equitable interest in real or personal property;\n\t(b)\ta chose in action;\n\t(c)\ta right, power, privilege or immunity;\n\t(d)\tgoodwill;\n\t(e)\ta security;\n\t(f)\tmoney;\n\t(g)\tdocuments;\n\t(h)\tinformation (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—\n\t(a)\tthe AEMO amendments to this Law; and\n\t(b)\tthe AEMO amendments to the Rules;\nrule change proposal means a proposal for making, amending or revoking a rule.\nDivision 2—General provisions\n55—Saving operation of superseded jurisdictional rules\n\t(1)\tSubject to this Schedule, the repeal of the superseded jurisdictional rules does not—\n\t(a)\trevive anything not in force or existing at the time the repeal takes effect; or\n\t(b)\taffect 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\t(c)\taffect a right, privilege or liability acquired, accrued or incurred under the superseded jurisdictional rules; or\n\t(d)\taffect a penalty incurred for an offence arising under the superseded jurisdictional rules; or\n\t(2)\tSubject 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.\n56—Transitional provisions governing accrued and accruing rights, liabilities etc\n\t(1)\tA 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\t(2)\tAn 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\t(3)\tIn particular—\n\t(a)\tan 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\t(b)\tconsultation 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\t(c)\ta 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\t(4)\tA 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\t(5)\tA 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\t(6)\tA jurisdictional regulator must not take or continue action that can be continued and completed by AEMO or the AER under this clause.\n57—Investigations\n\t(1)\tThe AER may investigate a breach or possible breach of the superseded jurisdictional rules.\n\t(2)\tIf 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\t(3)\tThe 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.\n58—Proceedings for breach of superseded jurisdictional rules\n\t(1)\tThe 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\t(2)\tThe 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\t(3)\tThe 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.\n59—Dispute resolution\n\t(1)\tA dispute arising from circumstances occurring before the relevant changeover date is, subject to subclause (2), to be dealt with as a rule dispute.\n\t(2)\tIf—\n\t(a)\tproceedings for the resolution of a dispute had commenced under the superseded jurisdictional rules before the relevant changeover date; and\n\t(b)\tthe 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).\n60—Registered participants\n\t(1)\tA person to whom this clause applies becomes a Registered participant on the relevant changeover date.\n\t(2)\tThis clause applies to—\n\t(a)\ta person listed in the Regulations as a person to be automatically registered as a Registered participant; and\n\t(b)\ta person of a class specified in the Regulations as a class of persons to be automatically registered as Registered participants.\n61—Instruments made by former gas market operators\n\t(1)\tA procedure, guideline, directive, approval, determination or other instrument of a legislative or administrative character—\n\t(a)\tmade by a former gas market operator under the superseded jurisdictional rules; and\n\t(b)\tin 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.\n\t(2)\tHowever, 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.\n62—Rule change proposals\n\t(1)\tSubject 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:\n\t(a)\tif 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\t(b)\tif 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\t(2)\tThe 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\t(3)\tOn 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.\n63—Incompatibility between request for the making of Rule or Procedure and Minister-initiated Rule or Procedure\n\t(1)\tThe 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\t(2)\tIf 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\t(3)\tIf the AEMC or AEMO (as the case requires) decides to act under this clause, it must—\n\t(a)\tinform the person that made the request of the decision; and\n\t(b)\tgive that person written reasons for the decision.\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.\n64—Natural Gas Services Bulletin Board\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.\n65—Publication of notices etc\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.\n66—Rights under change of law provisions not to be triggered by amendments to this Law etc\n\t(1)\tAn 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\t(2)\tSubclause (1) applies despite a provision in an agreement or deed to the contrary.\nDivision 3—Transfer of assets and liabilities of GMC and AEMO T\n67—Transfer of assets and liabilities\n\t(1)\tThe NSW Minister may, by instrument in writing (an allocation order), transfer any of GMC's assets and liabilities to AEMO.\n\t(2)\tAn allocation order takes effect from a date (which may be earlier than the date of the order) specified in the order.\n\t(3)\tIf 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\t(4)\tA claw back order—\n\t(a)\tmust be made within 12 months after the date of the allocation order; and\n\t(b)\ttakes effect from a date (which may be earlier than the date of the order) specified in the order.\n\t(5)\tThe 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\t(6)\tThe NSW Minister may make an allocation order, or a claw back order, in relation to assets or liabilities situated within any participating jurisdiction.\n\t(7)\tAn allocation order or a claw back order may be made on conditions specified in the order.\n68—Transfer of AEMO T's assets and liabilities\n\t(1)\tThe 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\t(2)\tSubject to any exclusions specified in the notice, the notice will operate to transfer AEMO T's assets and liabilities in their entirety.\n69—Effect of relevant transfer order\n\t(1)\tOn the relevant date, assets and liabilities vest in the transferee named in a transfer order in accordance with the order.\n\t(2)\tIf a transfer order provides for the transfer of the transferor's interest in an agreement—\n\t(a)\tthe transferee becomes on the relevant date a party to the agreement in place of the transferor; and\n\t(b)\ton and after the relevant date, the agreement has effect as if the transferee had always been a party to the agreement.\nrelevant date means—\n\t(a)\tfor an allocation order—the date specified in the order for the transfer to take effect;\n\t(b)\tfor a claw back order—the date specified in the order for the re‑transfer to take effect;\n\t(c)\tfor 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.\n70—Continued effect of certain acts by GMC or AEMO T\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.\n71—Continuation of proceedings\nProceedings commenced before 1 July 2009 by or against GMC or AEMO T may be continued and completed by or against AEMO.\n72—Validity and effect of things done under this Division\n\t(1)\tNothing done under this Division—\n\t(a)\tconstitutes a breach of contract or confidence, or other civil wrong; or\n\t(b)\tplaces a person in breach of, or constitutes a default under—\n\t(i)\ta statutory or non-statutory law or obligation; or\n\t(ii)\ta 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\t(c)\tfulfils 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\t(d)\tgives 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\t(e)\tavoids a contract or instrument or renders it unenforceable; or\n\t(f)\tfrustrates a contract; or\n\t(g)\treleases any surety or other obligor wholly or in part from any obligation.\n\t(2)\tThe transfer of a liability of GMC or AEMO T under this Division releases GMC or AEMO T from the liability.\n\t(3)\tAn allocation order or a claw back order has effect despite any other law or instrument.\n\t(4)\tIf the books and records of GMC or AEMO T are transferred to AEMO under this Division, AEMO must—\n\t(a)\tpreserve the books and records for at least 7 years; and\n\t(b)\tallow GMC or AEMO T, and their directors or former directors reasonable access to the books and records.\n73—Evidence of transfer\n\t(1)\tA 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\t(2)\tA 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.\n74—Obsolete references\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.\nDivision 4—Acceptance of transfer from former gas market operators and AEMO T\n75—Parties to transfer must do anything necessary to perfect transfer\n\t(1)\tAEMO must accept assets and liabilities transferred to it under this Part or under jurisdictional legislation.\n\t(2)\tThe 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\t(3)\tThe relevant parties must take necessary action to perfect a transfer of assets or liabilities under this Part or under jurisdictional legislation.\n\t(4)\tThe 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).\nrelevant party means—\n\t(b)\tAEMO T; or\n\t(c)\tGMC.\n76—Corporations Act displacement\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.\n77—AEMO's fees and charges\n\t(1)\tDespite Chapter 2 Part 6 Division 5—\n\t(a)\tfor 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\t(b)\tfor 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\t(c)\tAEMO 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.\nprescribed period means the period of 3 years commencing on the commencement of this clause or some other date fixed by Ministerial Gazette notice.\n78—Establishment expenditure\n\t(1)\tAEMO may recover establishment expenditure as a component of the participant fees payable by users and non‑scheme pipeline users.\n\t(2)\tThe establishment expenditure is to be recovered—\n\t(a)\tover a period of 4 financial years from the relevant changeover date; and\n\t(b)\tin accordance with a schedule prepared by AEMO and published on its website.\n\t(3)\tAEMO is not required to consult on the schedule.\n79—Expenditure on gas statement of opportunities\n\t(1)\tExpenditure 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\t(2)\tAEMO may recover that expenditure as a component of the participant fees payable by users and non‑scheme pipeline users.\n\t(3)\tThe expenditure is to be recovered—\n\t(a)\tover a period of 4 financial years from the relevant changeover date; and\n\t(b)\tin accordance with a schedule prepared by AEMO and published on its website.\n\t(4)\tAEMO is not required to consult on the schedule.\nDivision 6—Information\n80—Transferred information\n\t(1)\tAEMO 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\t(2)\tIt follows that—\n\t(a)\tif 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\t(b)\tAEMO 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\t(3)\tAEMO must allow GMC or AEMO T or their representatives such access to the transferred information as may be reasonable in the circumstances.\n81—Calculations\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.\nDivision 7—Deferral of relevant legislative innovations in Queensland\n82—Queensland Minister's power to defer commencement of relevant legislative innovations\n\t(1)\tThe 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\t(2)\tThe Queensland Minister may, by subsequent notice published in the Queensland Government Gazette, vary or revoke a notice under subclause (1).\nDivision 8—Special transitional provisions for South Australia\n83—Definitions\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.\n84—Transitional contracts\n\t(1)\tA 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\t(2)\tAny such contract or presumptive contract is to be read and construed—\n\t(a)\tas if—\n\t(i)\ta reference to REMCo were a reference to AEMO; and\n\t(ii)\ta 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\t(iii)\tthe 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\t(b)\tsubject to any other necessary adaptations and modifications.\n85—Contractual provisions for dispute resolution\n\t(1)\tThe 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\t(2)\tThe relevant contractual provisions for dispute resolution continue to operate for as long as the transitional contracts in which they are contained continue in force.\n86—Risk allocation\n\t(1)\tTo 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\t(2)\tTo 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\t(3)\tIn 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.\nPart 12—Transitional provision related to short term trading markets\n87—Initial STTM Procedures\n\t(1)\tThis 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\t(2)\tDespite 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.\n","sortOrder":52},{"sectionNumber":"Part 13","sectionType":"part","heading":"Application of National Energy Retail Law amendments","content":"Part 13—Application of National Energy Retail Law amendments\n88—Application of National Energy Retail Law amendments\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.\n","sortOrder":53},{"sectionNumber":"Part 14","sectionType":"part","heading":"Information publication","content":"Part 14—Information publication\n89—Information publication\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.\n","sortOrder":54},{"sectionNumber":"Part 15","sectionType":"part","heading":"Transitional provision related to AEMC rule making powers","content":"Part 15—Transitional provision related to AEMC rule making powers\n90—AEMC rule making powers\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—\n\t(a)\ta Rule on a request under section 295(1) of this Law received by the AEMC before the commencement of this clause; or\n\t(b)\tan 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.\n","sortOrder":55},{"sectionNumber":"Part 16","sectionType":"part","heading":"Transitional provisions relating to capacity trading and auctions and harmonisation amendments","content":"Part 16—Transitional provisions relating to capacity trading and auctions and harmonisation amendments\n91—Immunity from liability—implementation or use of standard market timetable\n\t(1)\tUnless 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\t(2)\tSubclause (1) does not apply to deprive a person of a contractual right under a pre‑harmonisation contract to be—\n\t(a)\tprovided with a certain amount of goods or services under the contract; or\n\t(b)\tpaid for goods and services provided under the contract.\npre‑harmonisation contract means a contract or other arrangement entered into by a person before the commencement of this clause.\n92—Immunity from liability—supply of capacity through capacity auctions\n\t(1)\tUnless 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.\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—\n\t(a)\tprevents a transportation service provider from supplying transportation services to persons who are not parties to the contract concerned; or\n\t(b)\tlimits 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.\n93—Immunity for giving effect to the auction priority principles\n\t(1)\tUnless 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.\npriority of service rule means a requirement of the Rules or the Operational Transportation Service Code for or with respect to—\n\t(a)\tthe priority to be given to transportation capacity acquired through a capacity auction in connection with the supply of a transportation service; or\n\t(b)\tthe 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.\n94—Transitional regulations\n\t(1)\tThe Regulations may deal with matters of a transitional nature with respect to the Capacity Trading and Auction amendments.\n\t(2)\tRegulations under subclause (1) may defer, exclude or modify the application of any of the Capacity Trading and Auction amendments—\n\t(a)\tin any participating jurisdiction; or\n\t(b)\tin relation to a person, transportation service or transportation facility specified by the regulations; or\n\t(c)\tin relation to a class of persons, transportation services or transportation facilities specified by the regulations.\n\t(3)\tRegulations under subclause (1) may—\n\t(a)\tbe of general or limited application; or\n\t(b)\tvary according to the persons, times, places or circumstances to which they are expressed to apply.\n\t(4)\tIf 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.\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.\n","sortOrder":56},{"sectionNumber":"Part 17","sectionType":"part","heading":"Transitional provisions for rate of return instrument","content":"Part 17—Transitional provisions for rate of return instrument\n95—Definitions\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—\n\t(a)\tservice providers and consumer organisations; or\n\t(b)\tend users and prospective end users; or\n\t(c)\tany of the following persons the AER considers appropriate to give the AER advice or comment about the review of the 2013 non‑binding guideline—\n\t(i)\tpersons engaged by a covered pipeline service provider, a consumer organisation or another entity to give the advice or comment;\n\t(ii)\tother persons the AER considers have the qualifications or experience appropriate to give the advice or comment; or\n\t(d)\tother persons the AER considers have an interest in the review of the 2013 non‑binding guideline.\n96—Making first rate of return instrument if review not completed before commencement\n\t(a)\tthe review of the 2013 non‑binding guideline was not completed before the commencement of this clause; and\n\t(b)\tthe AER has sought advice or comment from stakeholders in relation to the review; and\n\t(c)\tat 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\t(d)\tthe 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\t(2)\tChapter 2 Part 1 Division 1A Subdivision 3 does not apply in relation to making the first rate of return instrument.\n\t(3)\tThe independent panel mentioned in subclause (1)(d) must seek to give the AER a consensus report on the panel's review.\n\t(4)\tHowever, a failure to give the AER a consensus report does not affect the making of the first rate of return instrument.\n97—Making first rate of return instrument if review completed before commencement\n\t(1)\tThis clause applies if, before the commencement of this clause—\n\t(a)\tthe review of the 2013 non‑binding guideline was completed and a new non‑binding guideline is in force under the Rules; and\n\t(b)\tthe AER sought advice or comment from stakeholders in relation to the review; and\n\t(c)\tat 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\t(d)\tthe 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\t(e)\tthe independent panel gave the AER a report on the panel's review.\n\t(2)\tThe new non‑binding guideline is taken to be the first rate of return instrument on the commencement.\n\t(3)\tFor section 30P, the instrument is taken to have been published on the AER's website on the commencement.\n\t(4)\tThe report mentioned in subclause (1)(e) need not be a consensus report on the panel's review.\n98—Application of this Law to particular decisions\n\t(1)\tThe 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\t(2)\tHowever, 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.\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.\n","sortOrder":57},{"sectionNumber":"Part 18","sectionType":"part","heading":"Savings and transitional provisions related to Ministerial Council on Energy amendments","content":"Part 18—Savings and transitional provisions related to Ministerial Council on Energy amendments\n99—Definitions\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.\n100—References to Ministerial Council on Energy\n\t(1)\tOn 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).\nagreement includes the Australian Energy Market Agreement or any other intergovernmental agreement to which this jurisdiction is a party.\n101—Rights under certain change of law provisions in agreements or deeds not to be triggered\n\t(1)\tThe 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\t(2)\tSubclause (1) applies despite any provision in any agreement or deed to the contrary.\n102—Rights under contracts etc\n\t(1)\tThe 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\t(2)\tOn 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\t(3)\tSubclause (1) applies despite any provision in any agreement, deed or other instrument to the contrary.\n103—Saving of decisions etc\nThe substitution of the definition of the MCE by section 33 of the Amendment Act does not affect the validity of—\n\t(a)\tany decision or direction made by the MCE before the commencement day; or\n\t(b)\tany appointment in accordance with a recommendation or nomination of the MCE made before the commencement day.\n","sortOrder":58},{"sectionNumber":"Part 19","sectionType":"part","heading":"Transitional provisions related to pipeline regulation amendments","content":"Part 19—Transitional provisions related to pipeline regulation amendments\n104—Definitions\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—\n\t(a)\ta relevant Minister within the meaning of section 2 of the pre-amended Law; or\n\t(b)\tthe 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.\nDivision 2—Regulation and classification of pipelines\nSubdivision 1—Covered pipelines generally\n105—Particular covered pipelines deemed to be scheme pipelines\n\t(1)\tThis 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.\n\t(a)\tthe covered pipeline is deemed to be a scheme pipeline; and\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.\nSubdivision 2—Provisions for tender approval pipelines\n106—Particular tender approval pipelines become scheme pipelines\n\t(1)\tThis 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\t(2)\tOn the tender approval decision becoming irrevocable—\n\t(a)\tthe pipeline becomes a scheme pipeline; and\n107—When particular scheme pipelines become non‑scheme pipelines\n\t(1)\tThis clause applies in relation to a pipeline that, before the commencement day, was a tender approval pipeline and—\n\t(a)\tis deemed to be a scheme pipeline under clause 105; or\n\t(b)\tbecomes a scheme pipeline under clause 106.\n\t(2)\tOn the earlier of the following events happening, the pipeline becomes a non‑scheme pipeline—\n\t(a)\tif there is an applicable access arrangement that applies to the pipeline services provided by means of that pipeline—when that arrangement expires;\n\t(b)\twhen a scheme pipeline revocation determination made in relation to that pipeline takes effect.\nSubdivision 3—Provisions for voluntary access arrangement pipelines\n108—Particular voluntary access arrangement pipelines become scheme pipelines\n\t(1)\tThis 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\t(2)\tOn the day the full access arrangement takes effect as an applicable access arrangement—\n\t(a)\tthe pipeline becomes a scheme pipeline; and\n109—When particular scheme pipelines become non‑scheme pipelines\n\t(1)\tThis clause applies to a pipeline that, before the commencement day, was a voluntary access arrangement pipeline and—\n\t(a)\tis deemed to be a scheme pipeline under clause 105; or\n\t(b)\tbecomes a scheme pipeline under clause 108.\n\t(2)\tOn the earlier of the following events happening, the pipeline becomes a non‑scheme pipeline—\n\t(a)\tif there is an applicable access arrangement that applies to the pipeline services provided by means of that pipeline—when that arrangement expires;\n\t(b)\twhen a scheme pipeline revocation determination takes effect in relation to the pipeline.\nSubdivision 4—Classification of pipelines\n110—Classification under pre-amended Law continues in effect\n\t(1)\tOn the commencement day—\n\t(a)\ta 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\t(b)\ta 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\t(2)\tNothing in subclause (1) prevents a pipeline from being reclassified, under this Law, as a distribution pipeline or transmission pipeline.\n111—Pipelines not classified under pre-amended Law or jurisdictional gas legislation\n\t(1)\tThis 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\t(2)\tOn 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\t(3)\tHowever, 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\t(4)\tNothing in subclause (2) prevents the pipeline from being reclassified, under this Law, as a distribution pipeline or transmission pipeline.\n112—Notice to be given about classification of particular pipelines\n\t(1)\tThis clause applies in relation to a pipeline that—\n\t(a)\timmediately before the commencement day, was a pipeline to which the pre-amended Law applied; but\n\t(b)\tdoes not have a classification that is continued, or taken to be, in effect for the pipeline under clauses 110 to 111.\n\t(2)\tWithin 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.\nDivision 3—Pending matters under Chapter 3 of pre-amended Law\n113—Pending applications under Chapter 3 of pre-amended Law\n\t(1)\tThis clause applies despite clause 43(1)(b) and (c) of Schedule 2 to this Law.\n\t(2)\tOn 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.\n114—Recommendation-making process under Chapter 3 of pre-amended Law\n\t(1)\tThis clause applies if, immediately before the commencement day, a relevant entity—\n\t(a)\tis deciding whether to make a recommendation (however described) under a requirement of Chapter 3 of the pre-amended Law; and\n\t(b)\thas not made the recommendation.\n\t(a)\tthe requirement to make the recommendation stops having effect; and\n\t(b)\tthe relevant entity must stop deciding whether to make the recommendation.\n115—Decision-making process under Chapter 3 of pre-amended Law\n\t(1)\tThis clause applies if, immediately before the commencement day, a relevant entity—\n\t(a)\tis 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\t(b)\thas not made the decision or determination.\n\t(a)\tthe requirement to make the decision or determination stops having effect; and\n\t(b)\tthe relevant entity must stop deciding whether to make the decision or determination.\nDivision 4—Provisions for limited access arrangements\n116—Limited access arrangements\n\t(1)\tThis clause applies in relation to a limited access arrangement that is in force immediately before the commencement day.\n\t(2)\tOn the commencement day, the limited access arrangement lapses.\n117—Submission of limited access arrangement\n\t(1)\tThis clause applies if, before the commencement day—\n\t(a)\ta service provider has submitted a limited access arrangement to the AER for approval; and\n\t(b)\tthe AER has not approved the limited access arrangement.\n\t(2)\tOn the commencement day, the submission lapses.\nDivision 5—Provisions for 15-year no-coverage determinations\nSubdivision 1—General provisions\n118—15-year no-coverage determinations deemed to be greenfields incentive determinations\n\t(1)\tOn 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\t(2)\tThe determination continues in operation for a period of 15 years from the commissioning of the pipeline.\n119—Exemption for pipelines to which a 15‑year no-coverage determination applied\n\t(1)\tThis 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\t(2)\tDuring 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\t(3)\tA 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—\n\t(a)\tthe service provider for the pipeline; or\n\t(b)\ta related body corporate of the service provider for the pipeline; or\n\t(c)\ta joint venture in which the service provider for the pipeline or a related body corporate of the service provider is a joint venture participant.\n120—Pending applications for 15‑year no-coverage determinations under pre-amended Law\n\t(1)\tThis 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\t(2)\tChapter 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\t(3)\tTo 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\t(4)\tA 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\t(5)\tThe greenfields incentive determination continues in operation for a period of 15 years from the commissioning of the pipeline.\nSubdivision 2—Price regulation exemptions\n121—Pending applications for price regulation exemption\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.\n122—Making of recommendations for price regulation exemptions\n\t(1)\tThis clause applies if the NCC—\n\t(a)\thas 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\t(b)\timmediately before the commencement day, has not made a recommendation under section 162 of the pre-amended Law.\n\t(a)\tthe requirement to make the recommendation stops having effect; and\n\t(b)\tthe NCC must not make the recommendation.\n123—Granting of price regulation exemptions\n\t(1)\tThis clause applies if, immediately before the commencement day, the Commonwealth Minister—\n\t(a)\tis deciding whether to make a decision to grant a price regulation exemption under section 164 of the pre-amended Law; and\n\t(b)\thas not granted the exemption.\n\t(a)\tthe requirement to decide whether to make a decision to grant the exemption stops having effect; and\n\t(b)\tthe Commonwealth Minister must stop deciding whether to make a decision to grant the exemption.\n124—Price regulation exemptions deemed to be greenfields incentive determinations\n\t(1)\tThis clause applies in relation to a price regulation exemption if the exemption—\n\t(a)\thas been granted before the commencement day; and\n\t(b)\timmediately 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.\n\t(2)\tOn the commencement day, the exemption is deemed to be a greenfields incentive determination.\n\t(3)\tThe 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.\nDivision 6—Access disputes\n125—Access disputes started under pre-amended Law\n\t(a)\tan access dispute has been started under Chapter 6 or 6A of the pre-amended Law; and\n\t(b)\tthe access dispute has not been finally dealt with or decided immediately before the commencement day.\n\t(2)\tAn 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\t(3)\tAn 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.\nDivision 7—Miscellaneous provisions\n126—Service provider for non‑scheme pipeline not required to comply with section 131\n\t(1)\tThis clause applies in relation to a service provider for a pipeline that—\n\t(a)\twas in operation before the commencement day; and\n\t(b)\ton the commencement day, is a non‑scheme pipeline.\n\t(2)\tThe service provider is not required to comply with section 131.\n127—Exemptions from minimum ring fencing requirements\n\t(1)\tThis 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\t(2)\tOn the commencement day, the exemption continues in force.\n128—Delayed commencement of ring fencing requirements for non‑scheme pipelines\n\t(1)\tThis clause applies in relation to a pipeline that, immediately before the commencement day, was a non‑scheme pipeline.\n\t(2)\tOn the commencement day, Part 2 of Chapter 4 does not apply to the pipeline.\n\t(3)\tHowever, Part 2 of Chapter 4 starts applying to the pipeline at the end of 12 months after the commencement day.\n129—Provision for Goldfields Gas Pipeline\n\t(1)\tOn 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.\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.\n130—Provision for Northern Gas Pipeline\n\t(1)\tThis clause applies in relation to the Northern Gas Pipeline.\n\t(2)\tOn the commencement day, Chapters 4 and 5 do not apply to the pipeline.\n\t(3)\tHowever, Chapters 4 and 5 start applying to the pipeline—\n\t(a)\tif the pipeline becomes a scheme pipeline—when the pipeline becomes a scheme pipeline; or\n\t(b)\totherwise—at the end of a period of 15 years from the commissioning of the pipeline.\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.\n131—Pending applications under Rules for approval of tender process\n\t(1)\tThis clause applies—\n\t(a)\tin 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\t(b)\tin respect of which the AER has not made a tender approval decision before the commencement day.\n\t(2)\tOn the commencement day, the application lapses despite clause 43(1)(b) and (c) of Schedule 2 to this Law.\n132—Decision-making process under Rules for approval of tender process\n\t(1)\tThis clause applies if, before the commencement day, the AER—\n\t(a)\tis deciding whether to make a tender approval decision; and\n\t(b)\thas not made the decision.\n\t(a)\tthe requirement to make the tender approval decision stops having effect; and\n\t(b)\tthe AER must stop deciding whether to make the tender approval decision.\n","sortOrder":59},{"sectionNumber":"Part 20","sectionType":"part","heading":"Transitional provisions related to national gas objective amendments","content":"Part 20—Transitional provisions related to national gas objective amendments\n133—Definitions\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).\n134—When amended objective takes effect for particular matters\n\t(1)\tThis 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—\n\t(a)\thaving regard to the national gas objective; or\n\t(b)\tdoing the thing in a manner that will or is likely to contribute to the achievement of the national gas objective.\n\t(2)\tDespite section 14 of the amending Act—\n\t(a)\tthe 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\t(b)\tthe amended objective applies in relation to the doing of the thing from the start day.\n\t(3)\tHowever, if the thing required or permitted to be done relates to a relevant access arrangement—\n\t(a)\ton the commencement of this clause the amended objective applies to the doing of the thing; and\n\t(b)\tclause 135(3) does not apply in relation to the doing of the thing.\n\t(4)\tSubclauses (1) and (2) are subject to clause 135.\nrelevant access arrangement means an access arrangement under the Rules proposed to commence on 1 January 2025 for—\n\t(a)\tthe 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\t(b)\tthe 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.\n135—Application of national gas objective to particular matters in progress on start day\n\t(a)\tbefore the start day, a person or body had started, or was required or permitted to start, doing a thing; and\n\t(b)\ton the start day—\n\t(i)\tthe person or body has not finished doing the thing; or\n\t(ii)\tthe period within which the thing is required or permitted to be done has not ended; and\n\t(c)\tin doing the thing the person or body is required to consider or apply the national gas objective by, for example—\n\t(i)\thaving regard to the national gas objective; or\n\t(ii)\tdoing the thing in a manner that will or is likely to contribute to the achievement of the national gas objective.\n\t(2)\tThe 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\t(3)\tHowever, a government or regulatory entity may decide to consider or apply the amended objective in relation to the doing of the thing.\n\t(4)\tFor 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.\n136—Administrative guidance for decisions under clause 135(3)\n\t(1)\tIf 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\t(2)\tThe 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\t(3)\tA failure to comply with this section does not prevent a government or regulatory entity from exercising a discretion under clause 135(3).\n137—Administrative guidance about value of greenhouse gas emissions\n\t(a)\tadministrative guidance is issued by a government or regulatory entity about considering or applying the amended objective; and\n\t(b)\tthe guidance includes the value, or a method of working out the value, of greenhouse gas emissions or greenhouse gas emissions reduction; and\n\t(c)\tthe guidance is consistent with any MCE statement.\n\t(2)\tThe 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\t(3)\tThis clause applies until a Regulation or Rule takes effect for the matter described in subclause (1).\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.\n138—Validation of things done in relation to Rules before commencement\n\t(1)\tThis clause applies if, before the commencement of this clause—\n\t(a)\tthe 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\t(b)\tthe AEMC had done a thing under Chapter 9, other than sections 313 to 315, in relation to the request.\n\t(2)\tOn the commencement of this clause—\n\t(a)\tthe thing is taken to have been validly done under Chapter 9; and\n\t(b)\tthe AEMC is taken to have satisfied a requirement under the Law to apply the national gas objective in relation to the thing.\n","sortOrder":60},{"sectionNumber":"Part 21","sectionType":"part","heading":"Transitional provisions related to other gas amendments","content":"Part 21—Transitional provisions related to other gas amendments\n139—Definitions\ncommencement day means the day on which this Part comes into operation;\ntransition period means the period—\n\t(a)\tcommencing on 1 November 2022; and\n\t(b)\tending on the commencement day.\nDivision 2—Gas Bulletin Board\n140—Gas Bulletin Board\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.\n141—References to Natural Gas Services Bulletin Board\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.\nDivision 3—Other matters\n142—Greenfields incentive determinations\n\t(1)\tDespite section 100(2)(a) an application for a greenfields incentive determination may be made after a pipeline is commissioned if—\n\t(a)\tthe pipeline was commissioned during the transition period; and\n\t(b)\tthe application is made within 90 days after the commencement day.\n\t(2)\tThis clause does not apply to a pipeline for natural gas.\n143—Greenfields price protection determinations\n\t(1)\tDespite section 109(2)(a) an application for a greenfields price protection determination may be made after a pipeline is commissioned if—\n\t(a)\tthe pipeline was commissioned during the transition period; and\n\t(b)\tthe application is made within 90 days after the commencement day.\n\t(2)\tThis clause does not apply to a pipeline for natural gas.\n144—Information transparency rules\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.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe National Gas (South Australia) Act 2008 repealed the following:\nGas Pipelines Access (South Australia) Act 1997\nLegislation amended by principal Act\nThe National Gas (South Australia) Act 2008 amended the following:\nAustralian Energy Market Commission Establishment Act 2004\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n26.6.2008\n1.7.2008 (Gazette 26.6.2008 p2553)\n26.6.2008\nPt 7 (s 21)—1.7.2008 (Gazette 26.6.2008 p2553)\n National Gas (South Australia) (National Gas Law—Australian Energy Market Operator) Amendment Act 2009\n25.6.2009\n1.7.2009 (Gazette 25.6.2009 p3000)\n National Gas (South Australia) (Short Term Trading Market) Amendment Act 2009\n22.10.2009\n1.1.2010 (Gazette 10.12.2009 p6168)\n Statutes Amendment (National Energy Retail Law) Act 2011\n17.3.2011\nPt 4 (ss 50—67) & Sch 1—1.7.2012 (Gazette 28.6.2012 p2925)\n Statutes Amendment (National Energy Retail Law Implementation) Act 2012\n13.12.2012\nPt 6 (ss 39 & 40)—1.2.2013 (Gazette 31.1.2013 p157)\n National Gas (South Australia) (Gas Trading Exchanges) Amendment Act 2013\n7.11.2013\n12.12.2013 (Gazette 12.12.2013 p4631)\n Statutes Amendment (National Electricity and Gas Laws—Limited Merits Review) Act 2013\n5.12.2013\nPt 3 (ss 19—35)—19.12.2013 (Gazette 19.12.2013 p4927)\n Statutes Amendment (Energy Consumers Australia) Act 2014\n11.12.2014\nPt 4 (ss 26—28)—30.1.2015 (Gazette 18.12.2014 p6870)\n Statutes Amendment (National Electricity and Gas Laws—Information Collection and Publication) Act 2016\n8.12.2016\nPt 3 (ss 12—19)—15.12.2016 (Gazette 15.12.2016 p4990)\n National Gas (South Australia) (Pipelines Access—Arbitration) Amendment Act 2017\n27.6.2017\n1.8.2017 (Gazette 1.8.2017 p3037)\n Statutes Amendment (National Energy Laws) (Rules) Act 2018\n9.8.2018\nPt 4 (ss 21—29)—20.9.2018 (Gazette 20.9.2018 p3500)\n National Gas (South Australia) (Capacity Trading and Auctions) Amendment Act 2018\n1.11.2018\n22.11.2018 (Gazette 22.11.2018 p4010)\n Statutes Amendment (National Energy Laws) (Binding Rate of Return Instrument) Act 2018\nPt 3 (ss 13 to 21)—13.12.2018 (Gazette 13.12.2018 p4272)\n Statutes Amendment (National Energy Laws) (Penalties and Enforcement) Act 2020\n22.10.2020\nPt 4 (ss 47 to 72)—29.1.2021 (Gazette 27.1.2021 p163)\n Statutes Amendment (National Energy Laws) (Omnibus) Act 2021\n11.2.2021\nPt 5 (ss 33 to 55)—15.4.2021 (Gazette 15.4.2021 p1169)\n National Gas (South Australia) (Market Transparency) Amendment Act 2022\n23.6.2022 (Gazette 23.6.2022 p1921)\n Statutes Amendment (National Energy Laws) (Gas Pipelines) Act 2022\n24.11.2022\nPts 4 & 5—2.3.2023 (Gazette 2.3.2023 p464)\n Statutes Amendment (National Energy Laws) (Regulatory Sandboxing) Act 2022\n24.11.2022\nPt 4 (ss 32 to 45)—8.12.2022 (Gazette 8.12.2022 p6823)\nNational Gas (South Australia) (East Coast Gas System) Amendment Act 2023\n23.3.2023\n27.4.2023 (Gazette 27.4.2023 p861)\nStatutes Amendment (National Energy Laws) (Emissions Reduction Objectives) Act 2023\nPt 4 (ss 14 to 18)—21.9.2023: s 2\nStatutes Amendment (National Energy Laws) (Other Gases) Act 2023\n23.11.2023\nPt 2 (ss 4 & 5) & Pt 3 (ss 6 to 66)—7.3.2024 (Gazette 7.3.2024 p371)\nStatutes Amendment (National Energy Laws) (Wholesale Market Monitoring) Act 2024\n18.4.2024\nPt 3 (ss 13 to 17)—8.5.2024 (Gazette 8.5.2024 p807)\nStatutes Amendment (National Energy Laws) (Data Access) Act 2025\n27.2.2025\nPt 3 (ss 10 to 14)—10.4.2025 (Gazette 10.4.2025 p714)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\nPt 1\n\ns 2\nPt 2\n\ns 9\n\ns 9(1)\n\nadjacent area of another participating jurisdiction\nsubstituted by 19/2008 s 21(2)\n\namended by 21/2022 s 9(1)\nadjacent area of this jurisdiction\nsubstituted by 19/2008 s 21(2)\n\namended by 21/2022 s 9(2)\ns 9(2)\namended by 36/2023 s 4\nPt 3\n\ns 12\n\ns 12(1)\nsubstituted by 30/2009 s 4(1)\ns 12(2)\namended by 30/2009 s 4(2)\ns 12(2a)\ninserted by 30/2009 s 4(3)\ns 12(3)\namended by 30/2009 s 4(4)—(7)\nPt 4\n\ns 14\n\ns 14(2)\n\nCommonwealth bodies\nsubstituted by 21/2022 s 10\nPt 5\n\ns 17\n\ns 17(2)\n\nexempt matter\namended by 36/2023 s 5\ns 18\ndeleted by 21/2022 s 11\nss 20—22\ninserted by 30/2009 s 5\ns 23\ninserted by 46/2009 s 20\ns 24\ninserted by 55/2012 s 39\nPt 6\nPt 6\ninserted by 55/2012 s 40\nPts 7 and 8\nSch—National Gas Law\n\nCh 1\n\nCh 1 Pt 1\n\ns 2\n\ns 2(1)\ns 2 redesignated as s 2(1) by 7/2011 s 50(5)\n15-year no-coverage determination\ndeleted by 21/2022 s 12(1)\naccess arrangement\namended by 21/2022 s 12(2)\naccess determination\namended by 21/2022 s 12(3)\naccess dispute\ninserted by 21/2022 s 12(4)\nadoptive jurisdiction\n\namended by 46/2009 s 4(1)\nACCC\nAEMO amendments\nAER\nAER Compliance Procedures and Guidelines\ninserted by 21/2022 s 12(5)\nAER economic regulatory function or power\namended by 33/2018 s 13(1)\n\namended by 21/2022 s 12(6)\nAER gas price reporting functions\ninserted by 3/2022 s 4(1)\nAER trial waiver functions\ninserted by 22/2022 s 32(1)\nAER wholesale market monitoring functions\ninserted by 12/2024 s 13(1)\nAER wholesale market reporting functions\ninserted by 12/2024 s 13(1)\nannual turnover\ninserted by 37/2020 s 47(1)\napplicable access arrangement\namended by 21/2022 s 12(7)\napplicable access arrangement decision\nsubstituted by 21/2022 s 12(8)\nassociate contract decision\namended by 21/2022 s 12(9)\nassociate pipeline service\namended by 21/2022 s 12(10)\nAustralian Energy Market Operator or AEMO\nbilateral trading agreement\ninserted by 12/2024 s 13(2)\nBB Procedures\n\namended by 36/2023 s 6(1)\nbiogas\nbiomethane\nblend processing facility\nblend processing service\nblend processing service provider\nBulletin Board information\n\namended by 23/2018 s 4(1)\n\namended by 3/2022 s 4(2)\n\namended by 36/2023 s 6(3)\nBulletin Board operator\ncapacity auction\ncapacity auction agreement\ncapacity auction functions\ncapacity auction information\ncapacity auction participant\nCapacity Transfer and Auction Procedures\nchangeover date\ncivil monetary liability\ncivil penalty\nsubstituted by 37/2020 s 47(2)\nclassification decision\ninserted by 21/2022 s 12(11)\nclassification decision under the Rules\ndeleted by 21/2022 s 12(11)\ncompression service facility\n\namended by 36/2023 s 6(4), (5)\ncompression service provider\ninserted by 3/2022 s 4(3)\nconstituent components\ninserted by 79/2013 s 19(1)\n\namended by 3/2021 s 33(1)\ncoverage determination\ncoverage recommendation\ncoverage revocation determination\ncoverage revocation recommendation\ncovered gas\ncovered gas industry\ncovered gas industry facility\ncovered gas service\ncovered pipeline\ncovered pipeline service provider\ncross boundary distribution pipeline\ncross boundary transmission pipeline\ndeclared distribution system\ndeclared LNG storage provider\ndeclared system functions\ndeclared system provisions\ndeclared transmission system\ndeclared wholesale gas market\n\namended by 36/2023 s 6(7)\ndesignated compression service facility\n\namended by 36/2023 s 6(8)\ndesignated pipeline\n\nsubstituted by 21/2022 s 12(13)\ndesignated regulatory decision\ninserted by 79/2013 s 19(2)\n\ndesignated reviewable regulatory decision amended to read designated regulatory decision by 3/2021 s 33(2)\n\namended by 3/2021 s 33(3)\n\namended by 21/2022 s 12(14)\ndevelopable capacity\namended by 21/2022 s 12(15)\ndisposal\n\ndeleted by 3/2022 s 4(4)\nDispute resolution panel\ndistribution pipeline\nsubstituted by 21/2022 s 12(16)\ndistributor\n\namended by 21/2022 s 12(17)\neast coast gas system\n\namended by 36/2023 s 6(9)\neast coast gas system direction\nEast Coast Gas System Procedures\neast coast gas system reliability and supply adequacy functions\neast coast jurisdiction\nECA amendments\ninserted by 21/2014 s 26(1)\neffective competition\ninserted by 12/2024 s 13(3)\nend user\nsubstituted by 7/2011 s 50(2)\n\namended by 36/2023 s 6(10)\nEnergy Consumers Australia or ECA\ninserted by 21/2014 s 26(2)\nenergy ombudsman\nEnergy Security Board\ninserted by 12/2018 s 21(2)\nexcluded infrastructure\ninserted by 21/2022 s 12(18)\nexempted participant\nextension and expansion requirements\namended by 21/2022 s 12(19)\nfinancial risk management product\ninserted by 12/2024 s 13(4)\nformer gas market operator\nfull access arrangement\ndeleted by 21/2022 s 12(20)\nfull access arrangement decision\ndeleted by 21/2022 s 12(20)\ngas blend\ninserted by 36/2023 s 6(11)\nGas Bulletin Board\ninserted by 36/2023 s 6(11)\ngas contract\ninserted by 12/2024 s 13(5)\ngas market operator\ngas powered generator\ninserted by 7/2023 s 4(2)\n\namended by 36/2023 s 6(12)\ngas statement of opportunities\ngas trading exchange\n\namended by 36/2023 s 6(13), (14)\ngas trading exchange agreement\ngas trading exchange functions\ngas trading exchange member\ngeneral market information order\ngreenfields incentive determination\ngreenfields pipeline incentive\ndeleted by 21/2022 s 12(21)\ngreenfields pipeline project\ngreenfields price protection determination\nGSOO information\ninserted by 3/2022 s 4(5)\nGSOO procedures\ninserted by 3/2022 s 4(5)\nGTE amendments\ninserted by 54/2013 s 4(2)\nhaulage\namended by 36/2023 s 6(15)\ninitial classification decision\nInitial National Gas Procedures\ninitial National Gas Rules\n\namended by 46/2009 s 4(2)\n\namended by 7/2011 s 50(3)\n\namended by 21/2014 s 26(3)\n\namended by 12/2018 s 21(1)\ninitial Operational Transportation Service Code\ninnovative trial principles\ninserted by 22/2022 s 32(2)\ninternational pipeline\njurisdictional determination criteria\njurisdictional regulator\nlight regulation determination\nlight regulation services\nlimited access arrangement\nlimited access arrangement decision\nlisted corporation\ninserted by 37/2020 s 47(3)\nLNG facility\ninserted by 3/2022 s 4(6)\nLNG service provider\ninserted by 3/2022 s 4(6)\nlocal regulation\ninserted by 36/2023 s 6(16)\nmarket information instrument\nmarket information notice\nmarket operator service\ninserted by 46/2009 s 16\nMCE\nsubstituted by 3/2021 s 33(4)\nMinisterial coverage decision\nMinisterial Gazette notice\nNational Electricity Law\nNational Electricity Rules\nNational Energy Retail Law\nNational Energy Retail Rules\nnational gas legislation\namended by 30/2009 s 6(3)\nNational Gas Procedures or Procedures\nNational Gas Rules\namended by 12/2018 s 21(3), (4)\nnatural gas industry\ninserted by 3/2022 s 4(7)\n\ndeleted by 36/2023 s 6(17)\nnatural gas industry facility\ninserted by 3/2022 s 4(7)\n\ndeleted by 36/2023 s 6(18)\nnatural gas service\ndeleted by 36/2023 s 6(19)\nNatural Gas Services Bulletin Board\n\namended by 23/2018 s 4(3)\n\namended by 3/2022 s 4(8)\n\ndeleted by 36/2023 s 6(20)\nNCC\n\nNCC recommendation or decision\nnew facility\namended by 21/2022 s 12(23)\nno-coverage recommendation\ndeleted by 21/2022 s 12(24)\nnon-scheme pipeline\ninserted by 21/2022 s 12(24)\nnon-scheme pipeline access dispute\ninserted by 21/2022 s 12(24)\nnon scheme pipeline user\ndeleted by 21/2022 s 12(24)\noperational transportation service\noperational transportation service agreement\nOperational Transportation Service Code\noperative period\ninserted by 21/2022 s 12(25)\npetroleum\ninserted by 3/2022 s 4(9)\npetroleum tenement\ninserted by 3/2022 s 4(9)\npipeline\namended by 36/2023 s 6(21)—(25)\npipeline capacity right\ninserted by 21/2022 s 12(26)\n\namended by 36/2023 s 6(26)\npipeline coverage criteria\ndeleted by 21/2022 s 12(27)\npipeline interconnection principles\ninserted by 21/2022 s 12(27)\npipeline reliability standard\namended by 36/2023 s 6(27)\npipeline safety duty\namended by 36/2023 s 6(28)\npipeline service\namended by 21/2022 s 12(28)\n\namended by 36/2023 s 6(29)\npipeline service standard\namended by 36/2023 s 6(30)\nprescribed transparency information\ninserted by 21/2022 s 12(29)\nprice information order\ninserted by 3/2022 s 4(10)\nprice or revenue regulation\nprice regulation exemption\nprice regulation exemption recommendation\nprimary capacity transaction\n\ndeleted by 3/2022 s 4(11)\nprimary gas\ninserted by 36/2023 s 6(31)\nproducer\namended by 36/2023 s 6(32)\nprotected information\nrate of return instrument\ninserted by 33/2018 s 13(2)\nreclassification decision\nsubstituted by 21/2022 s 12(30)\nrecognised energy industry ombudsman\n\ndeleted by 7/2011 s 50(4)\nreference tariff\namended by 21/2022 s 12(31)\nRegistered participant\n\namended by 46/2009 s 4(3)\n\namended by 23/2018 s 4(4)\nregulated gas market\n\namended by 46/2009 s 4(4)\nregulated retail gas market\nregulatory information instrument\namended by 3/2022 s 4(12)\nrelevant adjudicator\ninserted by 21/2022 s 12(32)\nrelevant agreement\ninserted by 12/2024 s 13(6)\nrelevant entity\ninserted by 7/2023 s 4(3)\nrelevant Minister\ndeleted by 21/2022 s 12(32)\nREMCo\nretail customer\n\namended by 36/2023 s 6(33)\nretailer\nretail gas market\nRetail Market Procedures\nrevenue and pricing principles\namended by 21/2022 s 12(33)\nreviewable regulatory decision\ninserted by 79/2013 s 19(3)\n\ndeleted by 3/2021 s 33(5)\nring fencing decision\namended by 21/2022 s 12(34)\nrule dispute\nscheme pipeline\nsubstituted by 21/2022 s 12(35)\nscheme pipeline access dispute\nscheme pipeline determination\nscheme pipeline election\nscheme pipeline revocation determination\nscheme pipeline service provider\nsecondary capacity transaction\n\ndeleted by 3/2022 s 4(13)\nshort term trading market\n\namended by 36/2023 s 6(34)\nsmall shipper\ninserted by 21/2022 s 12(36)\nSouth Australian Minister\ninserted by 21/2022 s 12(36)\nstandard gas day\nstandard market timetable\nstandard OTSA\nstatutory functions\nstorage facility\ninserted by 3/2022 s 4(14)\n\namended by 36/2023 s 6(35), (36)\nstorage provider\nsubstituted by 3/2022 s 4(14)\nSTTM amendments\nSTTM functions\nSTTM hub\nSTTM information\nSTTM Procedures\nSTTM trading participant\nsuperseded jurisdictional rules\nsynthetic methane\ninserted by 36/2023 s 6(37)\ntender approval decision\ndeleted by 21/2022 s 12(37)\ntrader\n\namended by 36/2023 s 6(38)\ntransaction support arrangements\ntransfer\ntransmission pipeline\nsubstituted by 21/2022 s 12(38)\ntransportation capacity\n\namended by 36/2023 s 6(39)\ntransportation facility\ntransportation facility user\n\namended by 21/2022 s 12(39)\ntransportation service\ntransportation service provider\ntrial project\n\namended by 36/2023 s 6(40)\ntrial Rule\ntrial waiver\nTribunal\nuser\namended by 21/2022 s 12(40)\nuser facility\ninserted by 3/2022 s 4(15)\n\namended by 36/2023 s 6(41)\ninserted by 79/2013 s 19(4)\n\ndeleted by 21/2022 s 12(41)\ninserted by 79/2013 s 19(4)\n\ndeleted by 21/2022 s 12(41)\nVENCorp\n\nwholesale gas market\nwholesale gas market participant\nwholesale market monitoring guidelines\nWholesale Market Procedures\ns 2(2)\ninserted by 7/2011 s 50(5)\ns 2(3)\ninserted by 7/2023 s 4(4)\ns 2(4)\ninserted by 36/2023 s 6(42)\ns 2A\ninserted by 36/2023 s 7\ns 3\namended by 30/2009 s 7(1)—(3)\n\namended by 46/2009 s 5\n\namended by 21/2022 s 13(1)—(3)\ns 3A\ninserted by 37/2020 s 48\ns 4\namended by 30/2009 s 8(1), (2)\n\namended by 46/2009 s 6\n\namended by 21/2022 s 14\ns 5\n\ns 5(1)\namended by 21/2022 s 15\ns 5(2)\namended by 21/2022 s 15\ns 6\n\ns 6(1)\namended by 7/2011 s 51(1)\ns 6(2)\namended by 7/2011 s 51(2)\n\nnote substituted by 7/2011 s 51(3)\ns 8\n\ns 8(1)\namended by 21/2022 s 16(1)\ns 8(2)\nsubstituted by 30/2009 s 9\n\namended by 21/2022 s 16(2)\ns 8AA\ninserted by 23/2018 s 5\ns 8AB\ninserted by 21/2022 s 17\ns 8A\ninserted by 7/2011 s 52\ns 8A(1)\namended by 21/2022 s 18\n\namended by 36/2023 s 8\ns 9\n\ns 9(1)\namended by 21/2022 s 19\ns 10\n\ns 10(1)\namended by 23/2018 s 6(1)\n\namended by 36/2023 s 9(1)\ns 10(2)\ns 10(3)\ns 10(4)\namended by 23/2018 s 6(2)\n\namended by 36/2023 s 9(1), (2)\ns 10(5) before substitution by 3/2022\n\ncontrolling facility activity\ninserted by 23/2018 s 6(3)\ncontrolling pipeline activity\ndeleted by 23/2018 s 6(3)\nservice provider\ninserted by 23/2018 s 6(3)\ns 10(5)\nsubstituted by 3/2022 s 5(2)\ncontrolling facility activity\namended by 36/2023 s 9(1)\ns 12\namended by 36/2023 s 10\ns 13\n\ns 13(2)\namended by 21/2022 s 20\ns 14 \ndeleted by 21/2022 s 21\n\ninserted by 36/2023 s 11\ns 15\ndeleted by 21/2022 s 21\ns 16\n(g) deleted by 21/2022 s 22\n\namended by 36/2023 s 12\ns 17\n\ns 17(2)\namended by 21/2022 s 23\ns 17(3)\namended by 21/2022 s 23\nss 18 and 19\nsubstituted by 21/2022 s 24\ns 19A\ninserted by 37/2020 s 49\nCh 1 Pt 2\n\ns 21\nsubstituted by 3/2021 s 34\ns 22\namended by 30/2009 s 10\n\namended by 3/2021 s 35\n\n(c) and (d) deleted by 3/2021 s 35\n\namended by 21/2022 s 25\nCh 1 Pt 3\n\nCh 1 Pt 3 Div 1\n\ns 23\namended by 26/2023 s 14\n\namended by 36/2023 s 13\ns 23A\ninserted by 26/2023 s 15\nCh 1 Pt 3 Div 2\n\namended by 21/2022 s 26\ns 24\n\ns 24(1)\namended by 21/2022 s 27(1)\ns 24(2)\namended by 21/2022 s 27(2)\ns 24(3)\namended by 21/2022 s 27(3)\ns 24(4)\namended by 21/2022 s 27(4)\ns 24(6)\namended by 21/2022 s 27(5)\ns 24(7)\namended by 21/2022 s 27(6)\nCh 1 Pt 3 Div 2A\ninserted by 22/2022 s 33\ns 24A\namended by 36/2023 s 14(1), (2)\nCh 1 Pt 5\ninserted by 7/2011 s 53\nCh 2\n\nCh 2 Pt 1\n\nCh 2 Pt 1 Div 1\n\ns 27\n\ns 27(1) \namended by 30/2009 s 11(1)\n\namended by 23/2018 s 7\n\namended by 33/2018 s 14\n\namended by 3/2022 s 6\n\namended by 22/2022 s 34(1), (2)\n\namended by 21/2022 s 28(1), (2)\n\namended by 36/2023 s 15\n\namended by 12/2024 s 14\ns 27(1a)\ninserted by 30/2009 s 11(2)\ns 28\n\ns 28(1)\nsubstituted by 79/2013 s 20\n\namended by 3/2021 s 36(1)\n\n(b)(iii) deleted by 3/2021 s 36(2)\n\namended by 21/2022 s 29(1)\ns 28(4)\ninserted by 21/2022 s 29(2)\namended by 36/2023 s 16\namended by 36/2023 s 16\nss 29 and 30\nCh 2 Pt 1 Div 1AA\ninserted by 12/2024 s 15\nCh 2 Pt 1 Div 1A\ninserted by 33/2018 s 15\ns 30C\namended by 21/2022 s 30\ns 30E\namended by 21/2022 s 31\ns 30I\n\ns 30I(2)\namended by 36/2023 s 17\ns 30Q\n\ns 30Q(2)\namended by 21/2022 s 32\ns 30U\namended by 36/2023 s 18\ns 30W\n\ns 30W(4)\ninserted by 36/2023 s 19\nCh 2 Pt 1 Div 1B\ninserted by 22/2022 s 35\nCh 2 Pt 1 Div 2\n\ns 34\namended by 37/2020 s 50\ns 41\namended by 37/2020 s 51\nCh 2 Pt 1 Div 3\n\ns 42\n\ns 42(1)\namended by 37/2020 s 52(1)\ns 42(2)\namended by 37/2020 s 52(2)—(4)\ns 42(3)\namended by 37/2020 s 52(5)\ns 42(3a)\ninserted by 37/2020 s 52(6)\ns 42(4)\namended by 37/2020 s 52(7), (8)\ns 42(5a)\ninserted by 37/2020 s 52(9)\ns 42(6)\namended by 37/2020 s 52(10)\ns 42(7)\namended by 37/2020 s 52(11)\ns 42(9)\namended by 37/2020 s 52(12), (13)\ns 42(9a) and (9b)\ninserted by 37/2020 s 52(14)\ns 42(11)—(16)\ninserted by 37/2020 s 52(15)\ns 42(17)\namended by 12/2024 s 16\ns 42(18) and (19)\ninserted by 37/2020 s 52(15)\nCh 2 Pt 1 Div 4\n\nsubstituted by 3/2022 s 7\ns 43\n\nrelated provider\namended by 21/2022 s 33(1)\nscheme pipeline service provider\ndeleted by 21/2022 s 33(2)\ns 44\n\ns 44(1)\namended by 21/2022 s 34\ns 44(1)\namended by 21/2022 s 34\ns 45\n\ns 45(1)\ns 45 redesignated as s 45(1) by 3/2022 s 8\n\namended by 21/2022 s 35\ns 45(2)\ninserted by 3/2022 s 8\ns 46\n\ns 46(1)\ns 46 redesignated as s 46(1) by 3/2022 s 9\n\namended by 21/2022 s 36\ns 46(2)\ninserted by 3/2022 s 9\ns 46A\ninserted by 3/2022 s 10\ns 48\n\ns 48(1)\namended by 21/2022 s 37\ns 48(2)\namended by 21/2022 s 37\ns 48(2a)\ninserted by 3/2022 s 11(1)\ns 48(3)\n(d) deleted by 55/2016 s 12\n\namended by 3/2022 s 11(2)\ns 49\n\ns 49(2)\namended by 21/2022 s 38\ns 49(3)\namended by 21/2022 s 38\ns 50\namended by 3/2022 s 12\ns 51 before substitution by 3/2022\n\ns 51(2)\ndeleted by 3/2021 s 37\ns 51\nsubstituted by 3/2022 s 13\ns 52\n\ns 52(1)\ns 52(3)\namended by 33/2018 s 16(1), (2)\n\ns 52(4)\ns 53\n\ns 53(1)\namended by 3/2022 s 14(1)\ns 53(2)\namended by 21/2022 s 40\ns 53(3)\nsubstituted by 3/2022 s 14(2)\ns 54\n\ns 54(1)\ns 54 amended and redesignated as s 54(1) by 3/2022 s 15(1), (2)\n\namended by 21/2022 s 41\n\namended by 36/2023 s 20\ns 54(2)\ninserted by 3/2022 s 15(2)\ns 55\namended by 30/2009 s 12\n\namended by 3/2022 s 16(1), (2)\ns 57\n\ns 57(1)\nsubstituted by 3/2022 s 17\ns 57A\ninserted by 55/2016 s 13\ns 57A(5)\ninserted by 3/2022 s 18\ns 57B\ninserted by 55/2016 s 13\ns 57B(1)\ns 57B amended and redesignated as s 57B(1) by 3/2022 s 19(1), (2)\ns 57B(2)\ninserted by 3/2022 s 19(2)\ns 58\namended by 3/2022 s 20\ns 59\n\ns 59(1)\namended by 33/2018 s 17(1), (2)\n\namended by 21/2022 s 42\ns 59(2)\namended by 33/2018 s 17(3), (4)\n\namended by 21/2022 s 42\ns 59(3)\ninserted by 3/2022 s 21\ns 60\namended by 37/2020 s 53\ns 63\n\ns 63(2)\namended by 3/2022 s 22\ns 64\n\ns 64(1a)\ninserted by 55/2016 s 14(1)\ns 64(2)\namended by 55/2016 s 14(2)\ns 64(3)\namended by 55/2016 s 14(3)\ns 64(4A)\ninserted by 7/2011 s 54\ns 66\nsubstituted by 7/2011 s 55\ns 68\n\ns 68(a1)\ninserted by 37/2020 s 54(1)\ns 68(1)\namended by 7/2011 s 56\ns 68(2)\namended by 37/2020 s 54(2)\nss 68A and 68B\ninserted by 7/2011 s 57\ns 68C\ninserted by 79/2013 s 21\n\ndeleted by 3/2021 s 38\nCh 2 Pt 1 Div 4A\ninserted by 21/2022 s 43\nCh 2 Pt 1 Div 5\n\namended by 21/2022 s 44\nCh 2 Pt 1 Div 5A\ninserted by 21/2022 s 45\nCh 2 Pt 2 Div 1\n\ns 72A\ninserted by 26/2023 s 16\nCh 2 Pt 2 Div 2\n\ns 74\n\ns 74(1)\namended by 30/2009 s 13(1)\n\namended by 46/2009 s 7\n\namended by 7/2011 s 58(1), (2)\n\namended by 54/2013 s 5\n\namended by 23/2018 s 8(1), (2)\n\namended by 3/2022 s 23(1), (2)\n\namended by 22/2022 s 36\n\namended by 7/2023 s 5(1), (2)\n\namended by 36/2023 s 21(1)—(3)\ns 74(3)\namended by 30/2009 s 13(2)—(8)\n\namended by 23/2018 s 8(3)\ns 81\n\ns 81(1)\namended by 3/2021 s 39\ns 83A\ninserted by 23/2017 s 4\n\nsubstituted by 21/2022 s 46\n\ndeleted by 36/2023 s 22\ns 83AA\ninserted by 21/2022 s 46\n\ndeleted by 36/2023 s 22\ns 83B\ns 83B(2)\namended by 36/2023 s 23(1), (2)\ns 83B(3)\namended by 36/2023 s 23(1), (3)\ns 83C\ns 83D\n\namended by 37/2020 s 55\n\namended by 36/2023 s 24(1), (2)\nCh 2 Pt 3\n\ns 87\n\ns 87(3)\nsubstituted by 3/2021 s 40\ns 88\ndeleted by 21/2022 s 47\nCh 2 Pt 4 before deletion by 21/2022\n\ns 90\n\ns 90(6)\ns 90(9)\n\nCouncillor\nCh 2 Pt 4\ndeleted by 21/2022 s 48\nCh 2 Pt 6\ninserted by 30/2009 s 14\nCh 2 Pt 6 Div 1\n\ns 91A\n\ns 91A(1)\namended by 46/2009 ss 8, 17\n\nnote amended by 7/2011 s 59\n\namended by 54/2013 s 6\n\namended by 23/2018 s 10(1), (2)\n\namended by 7/2023 s 6\n\namended by 36/2023 s 25(1)—(3)\n\namended by 7/2025 s 10\nCh 2 Pt 6 Div 1A\ninserted by 7/2023 s 7\ns 91AD\n\ns 91AD(1)\namended by 36/2023 s 26(1), (2)\ns 91AD(5)\namended by 36/2023 s 26(1)\ns 91AF\n\ns 91AF(1)\ns 91AF(3)\ns 91AF(8)\nCh 2 Pt 6 Div 2\n\ns 91BA\n\ns 91BA(1)\namended by 36/2023 s 28(1), (2)\ns 91BA(2)\namended by 7/2023 s 8\n\namended by 36/2023 s 28(3), (4)\ns 91BC\n\ns 91BC(1)\namended by 36/2023 s 29\ns 91BC(2)\namended by 36/2023 s 29\ns 91BC(5)\namended by 37/2020 s 56(1)\ns 91BC(6)\namended by 37/2020 s 56(2)\ns 91BF\n\ns 91BF(2)\namended by 36/2023 s 30\ns 91BH\n\ns 91BH(4)\namended by 21/2022 s 49\ns 91BI\namended by 36/2023 s 31(1)—(3)\ns 91BP\namended by 36/2023 s 32(1), (2)\ns 91BQ\n\ns 91BQ(1)\namended by 36/2023 s 33\nCh 2 Pt 6 Div 2A\ninserted by 46/2009 s 9\ns 91BRB\n\ns 91BRB(2)\namended by 36/2023 s 34\ns 91BRC\namended by 36/2023 s 35\ns 91BRF\namended by 36/2023 s 36\ns 91BRG\namended by 36/2023 s 37(1), (2)\nCh 2 Pt 6 Div 2B\ninserted by 54/2013 s 7\ns 91BRK\n\ns 91BRK(2)\namended by 36/2023 s 38\nCh 2 Pt 6 Divs 2C—2E\ninserted by 23/2018 s 11\nCh 2 Pt 6 Div 4\n\ns 91D\n\ns 91D(1)\namended by 3/2022 s 24\n\namended by 36/2023 s 39(1)\ns 91D(2)\nsubstituted by 36/2023 s 39(2)\ns 91DA\n\ns 91DA(1)\ns 91DA redesignated as s 91DA(1) by 3/2022 s 25\ns 91DA(2)\ninserted by 3/2022 s 25\n\namended by 36/2023 s 40\ns 91DB\ninserted by 3/2022 s 26\ns 91DB(1)\namended by 36/2023 s 41\nss 91DC—91DH\ninserted by 3/2022 s 26\nCh 2 Pt 6 Div 6\n\nCh 2 Pt 6 Div 6 Subdiv 1\n\ninserted by 46/2009 s 10\ns 91F\n\ns 91F(2)\namended by 7/2023 s 9(1)\ns 91F(4a) and (4b)\ninserted by 7/2023 s 9(2)\ns 91FA\n\ns 91FA(2)\nsubstituted by 3/2021 s 41\ns 91FA(3) and (4)\ninserted by 7/2023 s 10\ns 91FB\n\ns 91FB(4)\ninserted by 7/2023 s 11\ns 91FD\namended by 7/2025 s 11\ns 91FE\namended by 37/2020 s 57\ns 91FEA\n\ns 91FEA(1)\namended by 36/2023 s 42\nCh 2 Pt 6 Div 6 Subdiv 2\ninserted by 46/2009 s 11\ns 91FEC\namended by 37/2020 s 58\nCh 2 Pt 6 Div 6 Subdiv 3\ninserted by 23/2018 s 12\ns 91FEG\namended by 37/2020 s 59\nCh 2 Pt 6 Div 6 Subdiv 4\ninserted by 23/2018 s 12\ns 91FEI\namended by 37/2020 s 60\nCh 2 Pt 6 Div 6 Subdiv 5\ninserted by 36/2023 s 43\nCh 2 Pt 6 Div 7\n\ns 91G\n\ns 91G(1)\namended by 7/2025 s 12(1)\ns 91G(2)\namended by 7/2025 s 12(2)\ns 91G(3)\namended by 7/2025 s 12(3)\ns 91G(4)\ninserted by 7/2025 s 12(4)\ns 91GC\n\ns 91GC(2)\namended by 7/2011 s 60\n\namended by 12/2018 s 22\n\namended by 7/2025 s 13(1), (2)\ns 91GC(3)\namended by 7/2025 s 13(3)\ns 91GC(5)\nsubstituted by 7/2025 s 13(4)\nss 91GCA and 91GCB\ninserted by 7/2025 s 14\ns 91GFA\ninserted by 55/2016 s 15\ns 91GG\n\ns 91GG(1)\namended by 23/2018 s 13\n\namended by 7/2023 s 12\n\namended by 36/2023 s 44\ns 91GH\n\ns 91GH(7a)\ninserted by 55/2016 s 16\n\namended by 3/2021 s 42(1)—(3)\nCh 2 Pt 6 Div 8\n\ns 91H\n\ns 91H(4)\n\nAEMO\ninserted by 54/2013 s 8(1)\nRegistered participant\namended by 54/2013 s 8(2)\n\nsubstituted by 23/2018 s 14\n\namended by 7/2023 s 13\nCh 2 Pt 6 Div 10\n\ns 91KA\n\ns 91KA(1)\namended by 36/2023 s 45\ns 91KA(5)\n\ndistribution pipeline\ndeleted by 21/2022 s 50\nCh 2 Pt 6 Div 11\ninserted by 46/2009 s 18\ns 91KD\n\ns 91KD(1)\namended by 36/2023 s 46\nCh 2 Pt 7\ninserted by 30/2009 s 14\nCh 2 Pt 7 Div 1\n\ns 91L\n\ns 91L(1)\namended by 36/2023 s 47\ns 91LA\n\ns 91LA(2)\n(c) deleted by 21/2022 s 51\n\namended by 36/2023 s 48\nCh 2 Pt 7 Div 2\n\ns 91MB\n\ns 91MB(2)\ndeleted by 3/2022 s 27\nCh 3 before substitution by 21/2022\n\ns 98\n\ns 98(3)\namended by 30/2009 s 15\ns 117\n\ns 117(3)\nsubstituted by 3/2021 s 43\nCh 3\nsubstituted by 21/2022 s 52\nCh 4\n\namended by 21/2022 s 53\nCh 4 Pt A1\ninserted by 21/2022 s 54\nCh 4 Pt 1\n\namended by 21/2022 s 55\ns 131\namended by 21/2022 s 56(1), (2)\ns 132\ndeleted by 21/2022 s 57\ns 133\n\ns 133(1)\namended by 21/2022 s 58(1)—(3)\ns 133(5)\nsubstituted by 21/2022 s 58(4)\ns 134\ndeleted by 21/2022 s 59\ns 135\nsubstituted by 21/2022 s 60\ns 136\nsubstituted by 21/2022 s 61\nss 136A—136C\ninserted by 21/2022 s 61\nCh 4 Pt 2 Div 1\n\ns 137\n\ncompliance date\ndeleted by 21/2022 s 62(1)\nrelated business\namended by 21/2022 s 62(2)\n\nsubstituted by 36/2023 s 49\ns 138\n\ns 138(1)\namended by 21/2022 s 63\ns 138(2)\namended by 21/2022 s 63\nCh 4 Pt 2 Div 2\n\ns 139\namended by 21/2022 s 64\ns 140\n\ns 140(1)\namended by 21/2022 s 65(1), (2)\ns 140(2)\namended by 21/2022 s 65(1), (2)\ns 141\namended by 21/2022 s 66(1)—(3)\nCh 4 Pt 2 Div 3\n\ns 143\n\ns 143(1)\namended by 21/2022 s 67(1)\ns 143(2)\namended by 21/2022 s 67(2)\ns 143(3)\namended by 21/2022 s 67(3)\ns 143(4)—(6)\namended by 21/2022 s 67(4)\ns 144\namended by 21/2022 s 68\ns 145\namended by 21/2022 s 69\nCh 4 Pt 2 Div 4\ndeleted by 21/2022 s 70\nCh 4 Pt 2 Div 4\nCh 4 Pt 2 Div 5 resdesignated as Ch 4 Pt 2 Div 4 by 21/2022 s 71\ns 147\namended by 21/2022 s 72\n\namended by 36/2023 s 50\ns 148\n\ns 148(1)\namended by 21/2022 s 73(1)\ns 148(2)\namended by 21/2022 s 73(2)\nCh 4 Pt 2 Div 5\ninserted by 21/2022 s 74\ns 148AA\ninserted by 36/2023 s 51\ns 148A\nsubstituted by 36/2023 s 51\nCh 4 Pts 3 and 4\ninserted by 21/2022 s 74\nCh 5\nsubstituted by 21/2022 s 75\nCh 5A\ninserted by 36/2023 s 52\nCh 6 before deletion by 21/2022\n\nsubstituted by 23/2017 s 5\ns 178A\ninserted by 7/2011 s 61\ns 200\n\ns 200(2)\namended by 37/2020 s 61\ns 202\namended by 37/2020 s 62\ns 203\n\ns 203(1)\namended by 37/2020 s 63\ns 204\namended by 37/2020 s 64\nCh 6\ndeleted by 21/2022 s 75\nCh 6A\ninserted by 23/2017 s 6\n\ndeleted by 21/2022 s 75\nCh 7\n\namended by 36/2023 s 53\nCh 7 Pt 1\n\namended by 30/2009 s 16\ns 217\nsubstituted by 30/2009 s 17\n\namended by 36/2023 s 54\ns 218\nsubstituted by 30/2009 s 17\ns 218(1)\namended by 36/2023 s 55(1)\ns 218(2)\namended by 23/2018 s 15\n\namended by 3/2022 s 28(1)\n\namended by 36/2023 s 55(1), (2)\ns 218(3)\namended by 23/2018 s 15\n\namended by 3/2022 s 28(2)\n\namended by 36/2023 s 55(3)\ns 219\namended by 30/2009 s 18(1), (2)\n\namended by 23/2018 s 16\n\namended by 3/2022 s 29(1), (2)\n\nheading amended by 36/2023 s 56(1)\n\namended by 36/2023 s 56(2), (3)\ns 220\ndeleted by 30/2009 s 19\ns 221\ndeleted by 30/2009 s 20\ns 222\n\ns 222(1)\namended by 30/2009 s 21\n\namended by 36/2023 s 57\nCh 7 Pt 2\n\ns 223 before substitution by 3/2022\n\ns 223(1)\n(b) deleted by 30/2009 s 22(1)\n\namended by 30/2009 s 22(2)\n\namended by 23/2018 s 17\ns 223(2)\namended by 30/2009 s 22(2)\ns 223(4)\ninserted by 30/2009 s 22(3)\ns 223\nsubstituted by 3/2022 s 30\ns 223(1)\namended by 36/2023 s 58(1), (2)\ns 223(5)\namended by 36/2023 s 58(1)\ns 223A\ninserted by 23/2018 s 18\n\ndeleted by 3/2022 s 30\ns 224\namended by 23/2018 s 19\n\namended by 3/2022 s 31\ns 225\namended by 30/2009 s 23\n\namended by 3/2022 s 32\ns 226\n\ns 226(1)\namended by 30/2009 s 24(1)\n\namended by 3/2022 s 33\ns 226(5)\ndeleted by 30/2009 s 24(2)\ns 226A\ninserted by 3/2022 s 34\ns 226A(1)\namended by 36/2023 s 59\nCh 7 Pt 3\nsubstituted by 30/2009 s 25\ns 228\n\ns 228(1)\namended by 36/2023 s 60\ns 228(2)\namended by 36/2023 s 60\ns 228A\n\ns 228A(2)\ndeleted by 3/2022 s 35\nCh 7A\ninserted by 23/2018 s 20\nCh 7A Pt 3\n\ns 228I\namended by 36/2023 s 61\nCh 8\n\nCh 8 Pt 1\n\ns 229\n\ns 229(1)\namended by 30/2009 s 26(1)\ns 229(2)\namended by 30/2009 s 26(2)\ns 230\n\ns 230(1)\namended by 30/2009 s 27\nCh 8 Pt 1A\ninserted by 7/2011 s 62\nCh 8 Pt 2\n\namended by 30/2009 s 28\ns 231\n\ns 231(1)\namended by 30/2009 s 29(1)\n\namended by 37/2020 s 65(1)\ns 231(2)\namended by 30/2009 s 29(2), (3)\n\namended by 37/2020 s 65(2), (3)\n\namended by 21/2022 s 76\ns 231(2a)\ninserted by 37/2020 s 65(4)\ns 231(3)\namended by 30/2009 s 29(4)\ns 232\n\ns 232(1)\namended by 37/2020 s 66(1)\ns 232(2)\namended by 37/2020 s 66(2), (3)\ns 232(4)\namended by 7/2011 s 63\nCh 8 Pt 3\n\ns 234\namended by 37/2020 s 67(1), (2)\nCh 8 Pt 4\n\ns 243\nsubstituted by 30/2009 s 30\nCh 8 Pt 5\n\nCh 8 Pt 5 Div 1\n\ns 244\n\nAER information disclosure decision\ndeleted by 30/2009 s 31(1)\naffected or interested person or body\namended by 79/2013 s 22(1)\n\ndeleted by 3/2021 s 44(1)\napplicant\n(a) deleted by 3/2021 s 44(2)\naverage annual regulated revenue\ncoverage related light regulation decision\nend user\ninformation disclosure decision\ninserted by 30/2009 s 31(2)\nintervener\nmaterially preferable designated NGO decision\ninserted by 79/2013 s 22(2)\n\nNCC recommendation\noriginal decision maker\nregulated revenue\nregulatory period\nreview under this Part\namended by 3/2021 s 44(4)\nreviewable regulatory decision\namended by 79/2013 s 22(3)\n\nreviewable regulatory decision process participant\ninserted by 79/2013 s 22(4)\n\nsmall/medium user or consumer intervener\nsmall to medium user or end user\nuser or consumer intervener\nCh 8 Pt 5 Div 2 before deletion by 3/2021\n\ns 246\n\ns 246(1a)\ninserted by 79/2013 s 23(1)\ns 246(2)\namended by 79/2013 s 23(2)\ns 248\namended by 79/2013 s 24\ns 249\n\ns 249(1)\namended by 79/2013 s 25\ns 254\n\ns 254(1)\namended by 79/2013 s 26(1)\ns 254(2)\ndeleted by 79/2013 s 26(2)\ns 256\n\ns 256(1a)\ninserted by 79/2013 s 27(1)\ns 256(2)\namended by 79/2013 s 27(2)\ns 258\n\ns 258(a1)\ninserted by 79/2013 s 28\ns 258A\ninserted by 79/2013 s 29\ns 259\n\ns 259(2)\nsubstituted by 79/2013 s 30(1)\ns 259(3)\namended by 79/2013 s 30(2)\ns 259(4)\namended by 79/2013 s 30(3)\ns 259(4a)—(4c)\ninserted by 79/2013 s 30(4)\ns 259(5)\namended by 79/2013 s 30(5)\ns 261\n\ns 261(1)\nsubstituted by 79/2013 s 31(1)\ns 261(2)\ndeleted by 79/2013 s 31(2)\ns 261(3)\namended by 79/2013 s 31(3), (4)\ns 261(3a)—(3d)\ninserted by 79/2013 s 31(5)\ns 261(4)\namended by 79/2013 s 31(6), (7)\ns 261(6)\ndeleted by 79/2013 s 31(8)\ns 261(7)\n\nreview related matter\nsubstituted by 79/2013 s 31(9)\nCh 8 Pt 5 Div 2\ndeleted by 3/2021 s 45\nCh 8 Pt 5 Div 3\n\namended by 30/2009 s 32\ns 263\n\ns 263(1)\namended by 30/2009 s 33(1)\ns 263(4)\nsubstituted by 30/2009 s 33(2)\ns 265\n\ns 265(2)\nsubstituted by 30/2009 s 34(1)\ns 265(3)\namended by 30/2009 s 34(2)\ns 265(4)\nsubstituted by 30/2009 s 34(3)\ns 266\n\ns 266(2)\namended by 30/2009 s 35\ns 267\nsubstituted by 30/2009 s 36\nCh 8 Pt 5 Div 4\n\ns 268\n\ns 268(2)\namended by 79/2013 s 32\n\namended by 3/2021 s 46(1), (2)\n\n(c) deleted by 3/2021 s 46(3)\ns 268(3)\ndeleted by 3/2021 s 46(4)\ns 269\n\ns 269(1)\ns 269 redesignated as s 269(1) by 79/2013 s 33\ns 269(2)\ninserted by 79/2013 s 33\n\ndeleted by 3/2021 s 47\ns 269A\ninserted by 79/213 s 34\n\ndeleted by 3/2021 s 48\ns 270 before deletion by 3/2021\n\ns 270(1)\nsubstituted by 79/2013 s 35\ns 270(1a)\ninserted by 79/2013 s 35\ns 270\ndeleted by 3/2021 s 48\nCh 8 Pt 5A\ninserted by 30/2009 s 37\ns 270A\ndeleted by 3/2021 s 49\ns 270B\nsubstituted by 3/2021 s 50\ns 270C\n\ns 270C(2)\nsubstituted by 3/2021 s 51\ns 270C(3)\ninserted by 3/2021 s 51\nCh 8 Pt 6\n\ns 271\n\ns 271(5)\ninserted by 23/2017 s 7\n\ndeleted by 21/2022 s 77\nCh 8 Pt 7\n\ns 277\n\ns 277(1)\namended by 37/2020 s 68\ns 279\nsubstituted by 37/2020 s 69\nCh 8 Pt 8\n\ns 289\namended by 37/2020 s 70\nCh 9\n\nCh 9 Pt 1\n\ns 290\n\ngas market regulatory body\nsubstituted by 30/2009 s 38\nmarket initiated proposed Rule\namended by 22/2022 s 37(1)\npublish\namended by 3/2021 s 52\n\namended by 22/2022 s 37(2)\ntrial Rule\ninserted by 22/2022 s 37(3)\nurgent Rule\nsubstituted by 46/2009 s 19\ns 292\namended by 21/2022 s 78\ns 293\namended by 21/2022 s 79\ns 293A\ninserted by 22/2022 s 38\nCh 9 Pt 2\n\namended by 12/2018 s 23\nCh 9 Pt 2 Div 1\n\ninserted by 12/2018 s 24\ns 294A\ninserted by 30/2009 s 39\ns 294B\ninserted by 46/2009 s 12\ns 294C\ninserted by 7/2011 s 64\ns 294CA\ninserted by 33/2018 s 18\ns 294D\ninserted by 54/2013 s 9\ns 294DA\ninserted by 23/2018 s 21\ns 294E\ninserted by 21/2014 s 27\ns 294EA\ninserted by 22/2022 s 39\ns 294F\ninserted by 23/2017 s 8\ns 294FA\ninserted by 3/2022 s 36\ns 294FB\ninserted by 21/2022 s 80\ns 294FC\ninserted by 26/2023 s 17\ns 294FD\ninserted by 36/2023 s 62\ns 294FE\ninserted by 12/2024 s 17\nCh 9 Pt 2 Div 2\ninserted by 12/2018 s 25\ns 294G\n\ns 294G(1)\namended by 21/2022 s 81\ns 294G(3)\namended by 36/2023 s 63\ns 294H\ninserted by 7/2023 s 14\n\nexpired: s 294H(7)—omitted under Legislation Revision and Publication Act 2002\n(27.10.2023)\nCh 9 Pt 3\n\ns 295\n\ns 295(3)\ninserted by 30/2009 s 40\n\nsubstituted by 3/2021 s 53\ns 295(4) and (5)\ninserted by 30/2009 s 40\ns 297\n\ns 297(1)\nsubstituted by 7/2011 s 65\ns 298\namended by 22/2022 s 40\ns 301\n\ns 301(1)\namended by 22/2022 s 41(1), (2)\ns 301(2)\nsubstituted by 22/2022 s 41(3)\ns 301(7)\ninserted by 22/2022 s 41(4)\ns 304\n\ns 304(1)\namended by 12/2018 s 26\ns 304A\ninserted by 22/2022 s 42\ns 308\n\ns 308(4a)\ninserted by 30/2009 s 41\ns 310\n\ns 310(1)\namended by 30/2009 s 42\ns 311\n\ns 311(3)\namended by 22/2022 s 43\ns 312\nsubstituted by 30/2009 s 43\ns 313\n\ns 313(3)\ninserted by 22/2022 s 44\ns 314A\ninserted by 22/2022 s 45\ns 314A(2)\namended by 36/2023 s 64\nss 314B—314D\ninserted by 22/2022 s 45\nCh 9 Pt 4\n\ns 320A\ninserted by 12/2018 s 27\nCh 10 Pt 1 before deletion by 21/2022\n\ns 322\namended by 23/2018 s 22\nCh 10 Pt 1\ndeleted by 21/2022 s 83\nCh 10 Pt 2 Div 1\n\ns 324\nnote amended by 7/2011 Sch 1\n\namended by 21/2022 s 82\ns 326A\ninserted by 12/2018 s 28\ns 328A\ninserted by 30/2009 s 44\ns 328B\ninserted by 55/2016 s 17\ns 329\n\ns 329(1)\namended by 30/2009 s 45\n\namended by 55/2016 s 18(1), (2)\ns 329(1a)—(1e)\ninserted by 55/2016 s 18(3)\ns 329(2)\namended by 55/2016 s 18(4)\ns 329(3)\namended by 55/2016 s 18(5)\ns 329(6)\namended by 55/2016 s 18(6)\ns 329(7)\namended by 55/2016 s 18(7)\ns 329(7a)\ninserted by 55/2016 s 18(8)\ns 329(8)\n\nrestricted period\nsubstituted by 55/2016 s 18(9)\nCh 10 Pt 2 Div 2\nsubstituted by 21/2022 s 84\nCh 10 Pt 3\n\ns 332\n\ns 332(3)\n\nregulatory scheme decision maker\namended by 30/2009 s 46\n\nsubstituted by 21/2022 s 85\ns 333\nsubstituted by 21/2022 s 86\nss 334 and 335\ndeleted by 21/2022 s 87\nss 335A and 335B\ninserted by 37/2020 s 71\nSch 1 before substitution by 21/2022\n\nitems 36A and 36B\ninserted by 7/2011 s 66\nitem 37\namended by 23/2017 s 9(1)\nitem 38\namended by 23/2017 s 9(2)\nitem 39\namended by 23/2017 s 9(3)\nitem 41\n(g) deleted by 33/2018 s 19\nitem 48A\ninserted by 23/2017 s 9(4)\nitem 50A\ninserted by 3/2022 s 37(1)\nitem 55A\n\namended by 46/2009 s 13(1)\nitem 55B\nitem 55C\n\namended by 46/2009 s 13(2)\nitem 55D\nitem 55E\n\namended by 46/2009 s 13(3)\nitems 55F—55J\nitem 55JA\ninserted by 3/2022 s 37(2)\nitem 55JB\ninserted by 3/2022 s 37(2)\nitem 55K\nitem 55L\n\namended by 46/2009 s 13(4), (5)\nitems 55M and 55N\ninserted by 46/2009 s 13(6)\nitems 55O—55S\ninserted by 54/2013 s 10\nitem 56\namended by 23/2018 s 23(1)\n\namended by 3/2022 s 37(3)\nitem 57\nitem 58\n\namended by 3/2022 s 37(4)\nitems 60, 67 and 80\nitem 80A\ninserted by 30/2009 s 47(2)\nitem 80B\ninserted by 30/2009 s 47(2)\n\namended by 21/2014 s 28\n30.1.2014\nitem 82A\ninserted by 30/2009 s 47(3)\nitems 68A—68Z\ninserted by 23/2018 s 23(2)\nSch 1\nsubstituted by 21/2022 s 88\nitem 43\namended by 36/2023 s 65(1)\nitems 55T—55V\nitem 55W\n\namended by 36/2023 s 65(2)\nitem 55X\n\namended by 36/2023 s 65(3)\nitem 55Y\nitem 55Z\n\namended by 36/2023 s 65(4)\nitem 55ZA\n\namended by 36/2023 s 65(5)\nitem 55ZB\nitem 55ZC\n\namended by 36/2023 s 65(6)\nitems 55ZD—55ZG\nitem 61\namended by 36/2023 s 65(7)\nitem 63\namended by 36/2023 s 65(8), (9)\nitem 64\namended by 36/2023 s 65(10)\nitem 65\namended by 36/2023 s 65(11)\nitem 70\namended by 36/2023 s 65(12)\nitem 71\namended by 36/2023 s 65(13)\nitem 72\namended by 36/2023 s 65(14)\nheading before item 78\namended by 36/2023 s 65(15)\nitem 78\namended by 36/2023 s 65(16)\nitem 79\namended by 36/2023 s 65(17)\nitem 81\namended by 36/2023 s 65(18)\nitem 84\namended by 36/2023 s 65(19)\nitem 85\namended by 36/2023 s 65(20)\nitem 86\namended by 36/2023 s 65(21)\nitem 87\namended by 36/2023 s 65(22)\nitem 88\namended by 36/2023 s 65(23)\nitem 121A\ninserted by 36/2023 s 65(24)\nitem 126A\ninserted by 36/2023 s 65(25)\nSch 2\n\ncl 2\n\ncl 2(3)\namended by 21/2022 s 89(1)\ncl 2(4)\nsubstituted by 3/2021 s 54(1)\ncl 2(4a) and (4b)\ninserted by 3/2021 s 54(1)\ncl 3\ninserted by 30/2009 s 48(2)\ncl 8\n\ncl 8(2)\namended by 21/2022 s 89(2)\ncl 31\n\ndecision maker\namended by 30/2009 s 48(1)\n\namended by 21/2022 s 89(3)\ncl 33\n\nAER member\nNCC member\n\ndeleted by 21/2022 s 89(4)\ncl 34\n\namended by 33/2018 s 20(1)\n\namended by 21/2022 s 89(5)\n\n(d)(iv) deleted by 21/2022 s 89(6)\ncl 36\n\ndeleted by 21/2022 s 89(7)\ncl 37\ndeleted by 21/2022 s 89(7)\ncl 38\nsubstituted by 30/2009 s 48(3)\ncll 47A and 47B\ninserted by 37/2020 s 72(1)\ncl 49\n\ncl 49(3)\namended by 37/2020 s 72(2)\ncl 51\n\ncl 51(3)\n\nstatutory instrument\namended by 46/2009 s 14\n\namended by 33/2018 s 20(2)\ncl 51A\ninserted by 33/2018 s 20(3)\ncl 52\n\ncl 52(4)\nsubstituted by 3/2021 s 54(2)\ncl 52(4a) and (4b)\ninserted by 3/2021 s 54(2)\ncl 53A\ninserted by 33/2018 s 20(4)\ncl 53A(6)\n\naffected access arrangement decision\namended by 21/2022 s 89(8)\nSch 3\n\nPt 1\n\ncl 1A\ninserted by 21/2022 s 90(1)\nPt 11\ninserted by 30/2009 s 49\nPt 12\ninserted by 46/2009 s 15\nPt 13\ninserted by 7/2011 s 67\nPt 14\ninserted by 55/2016 s 19\nPt 15\ninserted by 12/2018 s 29\nPt 16\ninserted by 23/2018 s 24\nPt 17\ninserted by 33/2018 s 21\nPt 18\ninserted by 3/2021 s 55\nPt 19\ninserted by 21/2022 s 90(2)\nPt 20\ninserted by 26/2023 s 18\nPt 21\ninserted by 36/2023 s 66\nHistorical versions\n\n12.12.2013 (electronic only)\n\n","sortOrder":61}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.6","source":"moonshot-batch-reanalyse","citationCount":12,"completionTokens":3109},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation began as a framework for third-party access to natural gas pipelines but has expanded into a comprehensive national energy market governance regime. It now regulates wholesale and retail gas markets, gas trading exchanges, capacity auctions, east coast gas system reliability and supply adequacy, greenhouse gas emissions targets, and emerging fuels including hydrogen, biomethane, and synthetic methane. The original pipeline access purpose is now one component of a much broader energy market control and infrastructure scheme."},"complexity_factors":["Lengthy multi-layered structure: the Act applies the Schedule (National Gas Law) which spans 10 chapters, 50+ parts, and 300+ sections","Dense interpretation section (section 2) containing over 100 defined terms with internal cross-references and nested definitions","Regulatory framework involves four distinct bodies (AER, AEMC, AEMO, Tribunal) plus the Ministerial Council on Energy (MCE)","Nested conditional exemptions throughout, including ring-fencing exemptions, remote pipeline exemptions, and trial waivers","21-part Schedule 3 containing savings and transitional provisions across multiple predecessor regimes and amendment waves","Civil penalty framework with three tiers of indexed amounts, daily continuing breach provisions, and separate infringement notice track","Rate of return instrument process requiring consumer reference groups, independent expert panels, and mandatory consultation periods","Cross-vesting of powers across Commonwealth, State and Territory boundaries under Parts 4 to 6 of the Act"],"plain_english_summary":"This South Australian law creates the **National Gas Law** — a nationwide scheme adopted by multiple states and territories that governs how natural gas and other gases (such as hydrogen, biomethane, and synthetic methane) move through pipelines and are traded across Australia.\n\n**What it does**\n- **Pipeline access:** Sets up rules so third parties can get fair access to gas transportation services. Pipelines are classified as heavily regulated \"scheme pipelines\" or lighter-touch \"non-scheme pipelines,\" with approved pricing and terms for the regulated group.\n- **Market operation:** Gives the Australian Energy Market Operator (AEMO) powers to run wholesale gas markets, short-term trading markets, gas trading exchanges, and capacity auctions where pipeline space can be bought and sold.\n- **Economic regulation:** Empowers the Australian Energy Regulator (AER) to approve access arrangements, set revenue and pricing principles, monitor market behaviour, demand information from industry participants, and impose civil penalties for breaches.\n- **Ring-fencing:** Forces pipeline companies to keep their transportation business separate from related businesses (like gas production or retail) to prevent anti-competitive conduct.\n- **Dispute resolution:** Provides arbitration and mediation pathways when parties cannot agree on access terms, including special protections for small shippers.\n- **Transparency:** Requires publication of pipeline capacity, prices, and market information through the Gas Bulletin Board and other reporting mechanisms.\n- **East coast reliability:** Grants AEMO powers to direct market participants and trade gas to maintain reliable supply on the east coast.\n- **Retail markets:** Regulates participation in retail gas markets through registration requirements and market procedures.\n\n**Who it affects**\n- Owners and operators of gas pipelines, compression facilities, and storage facilities\n- Gas producers, wholesalers, retailers, and large consumers\n- Market bodies: AEMO, the AER, the Australian Energy Market Commission (AEMC), and the Australian Competition Tribunal\n- Energy consumers, whose long-term interests in price, quality, safety, reliability, and supply security are the law's central objective\n\n**Why it matters**\nThe law aims to promote efficient investment in gas infrastructure, ensure reliable supply, and protect consumers. It also now incorporates greenhouse gas emissions targets and has been expanded to cover emerging fuels such as hydrogen, making it a central pillar of Australia's energy transition framework."},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly in scope since 2008 through numerous amendments, reflecting ongoing national energy market reforms. Coverage has extended to include gas storage, distribution networks, and upstream pipeline regulation, moving well beyond its original focus on transmission pipelines and third-party access."},"complexity_factors":["Operates as a 'applied laws' scheme — South Australia hosts the law but it is adopted by reference across multiple jurisdictions, creating a layered federal-state legal structure","Interfaces with the National Energy Market regulatory framework, the Australian Energy Regulator (AER), and the Australian Energy Market Commission (AEMC)","Governs complex economic regulation concepts such as access regimes, reference tariffs, capital expenditure allowances, and rate of return methodologies","Frequently amended to reflect energy market reforms, meaning the current version may differ substantially from the original 2008 text","Cross-references multiple instruments including the National Gas Rules, which carry significant regulatory detail","Affects a technically specialised industry (gas pipeline infrastructure) requiring engineering, economic, and legal expertise to fully understand","Actual legislative text was unavailable for analysis, preventing verification of current provisions"],"plain_english_summary":"**What happened here?**\n\nThe link provided did not successfully retrieve the text of the *National Gas (South Australia) Act 2008*. Instead, it returned a **'Page Not Found'** error from the South Australian legislation website, likely due to a broken or outdated hyperlink following a website update in March 2026.\n\n**What is the Act about (based on general knowledge)?**\n\nThe *National Gas (South Australia) Act 2008* is the South Australian law that adopts the **National Gas Law (NGL)** — a uniform national framework regulating how natural gas pipelines and networks are accessed, priced, and operated across Australia. South Australia acts as the 'host' jurisdiction for this scheme, meaning the law technically sits in SA legislation but applies nationally through adoption by other states and territories.\n\n**Who does it affect?**\n- Gas pipeline owners and operators\n- Energy retailers and distributors\n- Large industrial gas users\n- Ultimately, households and businesses that use natural gas\n\n**Why does it matter?**\nIt ensures that companies cannot unfairly monopolise gas pipelines and charge excessive prices. It sets the rules for how third parties (like energy retailers) can access gas networks, and how prices are regulated — which flows through to your gas bill.\n\n> ⚠️ **Note:** The actual legislative text could not be retrieved and analysed. This summary is based on general knowledge of the Act. A full analysis is not possible from the content provided."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/national-gas-south-australia-act-2008","history":"/api/acts/national-gas-south-australia-act-2008/history","analysis":"/api/acts/national-gas-south-australia-act-2008/analysis","conflicts":"/api/acts/national-gas-south-australia-act-2008/conflicts","importantCases":"/api/acts/national-gas-south-australia-act-2008/important-cases","documents":"/api/acts/national-gas-south-australia-act-2008/documents"}}