{"id":"tas:act-2008-019","name":"National Gas (Tasmania) Act 2008","slug":"national-gas-tasmania-act-2008","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"19 of 2008","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":58326,"registerId":"tas-act-2008-019-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [National Gas (Tasmania) Act 2008](/view/html/inforce/2026-04-12/act-2008-019) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> The provisions of this Act commence on a day or days to be proclaimed.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> > (1)  In this Act –\n> > \n> > > ****National Gas (Tasmania) Law**** means the provisions applying because of [section 7](#GS7@EN) ;\n> > \n> > > ****National Gas (Tasmania) Regulations**** means the provisions applying because of [section 8](#GS8@EN) ;\n> > \n> > > ***South Australian Act*** means the [National Gas (South Australia) Act 2008](/view/html/inforce/2026-04-12/act-2008-019) .\n> \n> > (2)  Words and expressions used in the *National Gas (Tasmania) Law* and in this Act have the same respective meanings in this Act as they have in that Law.\n> \n> > (3)  This section does not apply to the extent that the context or subject matter otherwise indicates or requires.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Act binds Crown","content":"### 4 Act binds Crown\n\n> This Act, the *National Gas (Tasmania) Law* and the *National Gas (Tasmania) Regulations* bind the Crown, in right of Tasmania and, so far as the legislative power of Parliament permits, the Crown in all its other capacities.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Application to coastal waters","content":"### 5 Application to coastal waters\n\n> > (1)  This Act, the *National Gas (Tasmania) Law* and the *National Gas (Tasmania) Regulations* apply in the coastal waters of this State as if the coastal waters were within the limits of the State.\n> \n> > (2)  In this section –\n> > \n> > > ***adjacent area in respect of the State*** means the adjacent area of this jurisdiction under the *National Gas (Tasmania) Law* (as defined in [section 9(1)](#GS9@Gs1@EN) of this Act);\n> > \n> > > ***coastal waters***, in relation to this State, means any sea that is on the landward side of the adjacent area in respect of the State but is not within the limits of the State.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Extra-territorial operation","content":"### 6 Extra-territorial operation\n\n> It is the intention of Parliament that this Act, the *National Gas (Tasmania) Law* and the *National Gas (Tasmania) Regulations* should, so far as possible, operate to the full extent of the extra-territorial legislative power of the State.","sortOrder":6},{"sectionNumber":"Part 2","sectionType":"part","heading":"National Gas (Tasmania) Law and National Gas (Tasmania) Regulations","content":"# Part 2 National Gas (Tasmania) Law and National Gas (Tasmania) Regulations","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Application of National Gas Law","content":"### 7 Application of National Gas Law\n\n> The National Gas Law set out in the Schedule to the South Australian Act, as in force for the time being –\n> \n> > > (a) applies as a law of Tasmania; and\n> > \n> > > (b) as so applying, may be referred to as the *National Gas (Tasmania) Law*.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Application of regulations under National Gas Law","content":"### 8 Application of regulations under National Gas Law\n\n> The regulations in force for the time being under Part 3 of the South Australian Act –\n> \n> > > (a) apply as regulations in force for the purposes of the *National Gas (Tasmania) Law*; and\n> > \n> > > (b) as so applying, may be referred to as the *National Gas (Tasmania) Regulations*.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Interpretation of some expressions in National Gas (Tasmania) Law and National Gas (Tasmania) Regulations","content":"### 9 Interpretation of some expressions in National Gas (Tasmania) Law and National Gas (Tasmania) Regulations\n\n> > (1)  In the *National Gas (Tasmania) Law* and the *National Gas (Tasmania) Regulations* –[*\\[Section 9 Subsection (1) amended by No. 19 of 2008, s. 17, Applied:01 Jul 2008\\]*](/view/html/inforce/2008-07-01/act-2008-019#GS17@EN)\n> > \n> > > [*\\[Section 9 Subsection (1) amended by No. 19 of 2008, s. 17, Applied:01 Jul 2008\\]*](/view/html/inforce/2008-07-01/act-2008-019#GS17@EN) ***adjacent area of another participating jurisdiction*** means the offshore area of a State (other than this State) or the Northern Territory within the meaning of section 7 of the *Offshore Petroleum Act 2006* of the Commonwealth;\n> > \n> > > [*\\[Section 9 Subsection (1) amended by No. 19 of 2008, s. 17, Applied:01 Jul 2008\\]*](/view/html/inforce/2008-07-01/act-2008-019#GS17@EN) ***adjacent area of this jurisdiction*** means the offshore area of the State within the meaning of section 7 of the *Offshore Petroleum Act 2006* of the Commonwealth;\n> > \n> > > ***Court*** means the Supreme Court of Tasmania;\n> > \n> > > ***designated Minister*** means the Commonwealth Minister;\n> > \n> > > ***Legislature of this jurisdiction*** means the Parliament of Tasmania;\n> > \n> > > ***National Gas Law*** or \"**this law**\" means the *National Gas (Tasmania) Law*;\n> > \n> > > ***this jurisdiction*** means the State of Tasmania.\n> \n> > (2)  The *Acts Interpretation Act 1915*, and other Acts, of South Australia do not apply to –\n> > \n> > > > (a) the National Gas Law set out in the Schedule to the South Australian Act in its application as a law of Tasmania; or\n> > > \n> > > > (b) the regulations in force for the time being under Part 3 of the South Australian Act in their application as regulations in force for the purposes of the *National Gas (Tasmania) Law*.","sortOrder":10},{"sectionNumber":"Part 3","sectionType":"part","heading":"Cross Vesting of Powers","content":"# Part 3 Cross Vesting of Powers","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Conferral of powers on Commonwealth Minister and Commonwealth bodies to act in this State","content":"### 10 Conferral of powers on Commonwealth Minister and Commonwealth bodies to act in this State\n\n> > (1)  The Commonwealth Minister and the Commonwealth bodies have power to do acts in or in relation to this State in the performance or exercise of a function or power expressed to be conferred on them respectively by the national gas legislation of another participating jurisdiction.\n> \n> > (2)  In this section –\n> > \n> > > ***Commonwealth bodies*** means any of the following:\n> > > \n> > > > > (a) AER;\n> > > > \n> > > > > (b) NCC;\n> > > > \n> > > > > (c) the Tribunal.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Conferral of powers on Ministers of participating States and Territories to act in this State","content":"### 11 Conferral of powers on Ministers of participating States and Territories to act in this State\n\n> The Minister of a participating jurisdiction has power to do acts in or in relation to this State in the performance or exercise of a function or power expressed to be conferred on the Minister by the national gas legislation of another participating jurisdiction.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Conferral of functions or powers on State Minister","content":"### 12 Conferral of functions or powers on State Minister\n\n> If the national gas legislation of another participating jurisdiction confers a function or power on the Minister, the Minister –\n> \n> > > (a) may perform that function or exercise that power; and\n> > \n> > > (b) may do all things necessary or convenient to be done in connection with the performance or exercise of that function or power.","sortOrder":14},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Exemption from taxes","content":"### 13 Exemption from taxes\n\n> > (1)  Any duty or other tax imposed by or under a law of this State is not payable in relation to –\n> > \n> > > > (a) an exempt matter; or\n> > > \n> > > > (b) anything done (including, for example, a transaction entered into or an instrument or document made, executed, lodged or given) because of, or arising out of, an exempt matter.\n> \n> > (2)  In this section –\n> > \n> > > ***exempt matter*** means a transfer of assets or liabilities –\n> > > \n> > > > > (a) that is made for the purpose of ensuring that a person does not carry on a business of producing, purchasing or selling natural gas or processable gas in breach of any ring fencing requirements of the national gas legislation or for the purpose of the separation of certain businesses or business activities from other businesses or business activities of a person as required by an AER ring fencing determination; and\n> > > > \n> > > > > (b) that the Treasurer declares from time to time by notice in the *Gazette* to be an exempt matter for the purposes of this section.","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Actions in relation to cross boundary pipelines","content":"### 14 Actions in relation to cross boundary pipelines\n\n> > (1)  If a pipeline is a cross boundary pipeline, any action taken under the national gas legislation of a participating jurisdiction in whose jurisdictional area a part of the pipeline is situated –\n> > \n> > > > (a) by, or in relation to, a relevant Minister; or\n> > > \n> > > > (b) by the Court within the meaning of that legislation in relation to the action taken by, or in relation to, a relevant Minister –\n> > > \n> > > is taken also to be taken under the national gas legislation of each participating jurisdiction in whose jurisdictional area a part of the pipeline is situated (\"**that other legislation**\") –\n> > > \n> > > > (c) by, or in relation to, a relevant Minister within the meaning of that other legislation; or\n> > > \n> > > > (d) by the Court within the meaning of that other legislation –\n> > \n> > as the case requires.\n> \n> > (2)  Despite [subsection (1)](#GS14@Gs1@EN) , no proceeding for judicial review or for a declaration, injunction, writ, order or remedy may be brought before the Court to challenge or question any action, or purported action, of a relevant Minister taken, or purportedly taken, in relation to a cross boundary distribution pipeline unless this jurisdiction has been determined to be the participating jurisdiction with which the cross boundary distribution pipeline is most closely connected.\n> \n> > (3)  A reference in this section –\n> > \n> > > > (a) to an action that is taken includes a reference to –\n> > > > \n> > > > > > (i) a decision or determination that is made; or\n> > > > > \n> > > > > > (ii) an omission that is made; and\n> > > \n> > > > (b) to a purported action that is purportedly taken includes a reference to a purported decision or determination that is purportedly made.\n> \n> > (4)  In this section –\n> > \n> > > ***cross boundary pipeline*** means –\n> > > \n> > > > > (a) a cross boundary transmission pipeline; or\n> > > > \n> > > > > (b) a cross boundary distribution pipeline.","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Conferral of functions and powers on Commonwealth bodies","content":"### 15 Conferral of functions and powers on Commonwealth bodies\n\n> > (1)  Clause 2 of Schedule 2 to the *National Gas (Tasmania) Law* has effect in relation to the operation of any provision of this Act, or any regulation forming part of the *National Gas (Tasmania) Regulations*, as if the provision or regulation formed part of the *National Gas (Tasmania) Law*.\n> \n> > (2)  [Subsection (1)](#GS15@Gs1@EN) does not limit the effect that a provision or regulation would validly have apart from the subsection.","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Regulations","content":"### 16 Regulations\n\n> > (1)  The Governor may make regulations for the purposes of this Act.\n> \n> > (2)  The regulations may contain provisions of a savings or transitional nature consequent on the enactment of a provision of this Act.","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Amendment of this Act when Offshore Petroleum Act 2006 of Commonwealth commences","content":"### 17 Amendment of this Act when Offshore Petroleum Act 2006 of Commonwealth commences\n\n> On the commencement of section 7 of the *Offshore Petroleum Act 2006* of the Commonwealth, the definitions of \"adjacent area of another participating jurisdiction\" and \"adjacent area of this jurisdiction\" are omitted from [section 9(1)](#GS9@Gs1@EN) of this Act and the following definitions are inserted:\n> \n> > > ***adjacent area of another participating jurisdiction*** means the offshore area of a State (other than this State) or the Northern Territory within the meaning of section 7 of the *Offshore Petroleum Act 2006* of the Commonwealth;\n> > \n> > > ***adjacent area of this jurisdiction*** means the offshore area of the State within the meaning of section 7 of the *Offshore Petroleum Act 2006* of the Commonwealth.","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Administration of Act","content":"### 18 Administration of Act\n\n> Until provision is made in relation to this Act by order under [section 4 of the](/view/html/inforce/2026-04-12/act-1990-004#GS4@EN) [Administrative Arrangements Act 1990](/view/html/inforce/2026-04-12/act-1990-004)  –\n> \n> > > (a) the administration of this Act is assigned to the Minister for Energy and Resources; and\n> > \n> > > (b) the department responsible to that Minister in relation to the administration of this Act is the Department of Infrastructure, Energy and Resources.","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Legislation repealed","content":"### 19 Legislation repealed\n\n> The legislation specified in [Schedule 1](#JS1@EN) is repealed.","sortOrder":22},{"sectionNumber":"20","sectionType":"section","heading":"Legislation rescinded","content":"### 20 Legislation rescinded\n\n> The legislation specified in [Schedule 2](#JS2@EN) is rescinded.","sortOrder":23},{"sectionNumber":"SCHEDULE 1 - Legislation repea","sectionType":"part","heading":"SCHEDULE 1 - Legislation repealed","content":"# SCHEDULE 1 - Legislation repea SCHEDULE 1 - Legislation repealed\n\n[Section 19](#GS19@EN)\n\n| Gas Pipelines Access (Tasmania) Act 2000 (No. 61 of 2000) |","sortOrder":24},{"sectionNumber":"SCHEDULE 2 - Legislation resci","sectionType":"part","heading":"SCHEDULE 2 - Legislation rescinded","content":"# SCHEDULE 2 - Legislation resci SCHEDULE 2 - Legislation rescinded\n\n[Section 20](#GS20@EN)\n\n| Gas Pipelines Access (Tasmania) Regulations 2001 (No. 61 of 2001) |","sortOrder":25}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act appears to have remained consistent with its original intent since commencement on 1 July 2008 — to apply the National Gas Law in Tasmania as part of a cooperative national energy regulatory framework. No evidence from the available text suggests scope has materially broadened or narrowed beyond that purpose."},"complexity_factors":["The Act itself is structurally simple — it is largely an 'application' or 'template adoption' Act that incorporates another jurisdiction's law by reference rather than containing detailed substantive provisions of its own.","The real complexity lies outside this Act — in the National Gas Law (South Australia) which it adopts, which is itself a highly technical and lengthy piece of legislation.","Understanding the Act's full effect requires familiarity with the national energy regulatory framework, including the roles of the AER and AEMC.","Intergovernmental cooperative legislative schemes can be confusing for readers trying to find which document actually contains the operative rules."],"plain_english_summary":"Tasmania adopts the National Gas Law, bringing Tasmanian gas pipelines, access rules and market regulation into the national framework and placing oversight with the AER and AEMC. \n\nThis affects pipeline operators, gas retailers, wholesalers and large users in Tasmania and indirectly consumers by aligning pricing and market rules with the rest of Australia to support competition and more efficient cross‑border gas supply."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Yes. The Act replaces the previous Tasmanian gas access statutes and adopts the national model law and regulations as Tasmanian law (s7–8, s19–20). It shifts regulatory authority toward a nationally framed scheme and enables Commonwealth and other participating jurisdiction actors to operate in Tasmania (s10–12), thereby changing the jurisdictional and administrative scope compared with the repealed local regime."},"complexity_factors":["Adoption of an external statutory scheme (Schedule to South Australian Act) creating reliance on an out-of-state text and amendments (s7, s8)","Cross-vesting of powers to Commonwealth and other participating Ministers and bodies (AER, NCC, Tribunal) to act in Tasmania (s10–12)","Extra-territorial and coastal-waters application to the full extent of state power, raising inter-jurisdictional interpretation issues (s5, s6)","Limits on judicial review for actions on cross-boundary distribution pipelines unless 'most closely connected' jurisdiction is determined (s14)","Targeted tax exemption for asset transfers tied to AER ring-fencing and subject to Treasurer notices, creating conditional fiscal consequences (s13)","Dependence on commencement and amendment of Commonwealth Offshore Petroleum Act definitions (s17), introducing contingent changes","Administrative assignment and transitional/savings regulation powers that create implementation discretion (s15, s16, s18)","Repeal and rescission of prior Tasmanian pipeline access law and regulations, changing the regulatory baseline (s19–20)"],"plain_english_summary":"This Act adopts the `National Gas Law` and its Part 3 regulations (from the South Australian Act) as Tasmanian law, extends them into Tasmanian coastal waters and binds the Crown. It authorises Commonwealth and other participating jurisdictions’ ministers and bodies (AER, NCC, Tribunal) to act in Tasmania under that law. It exempts certain asset transfers done for AER ring‑fencing from state duties (s13) and treats cross‑boundary pipeline actions as effective across jurisdictions while restricting judicial review unless the pipeline’s most closely connected jurisdiction is determined (s14)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act maintains its original purpose as an application statute for the National Gas Law. While it includes machinery provisions for cross-vesting and tax exemptions, these are ancillary to the core function of adopting the South Australian scheme. The scope has not expanded beyond the cooperative federalism framework established in 2008."},"complexity_factors":["Heavy reliance on external legislation — the Act's substantive content lives in South Australia's National Gas Law, which is not reproduced here","Cross-vesting arrangements (Sections 10-12) create overlapping jurisdictional powers between state and Commonwealth entities","Conditional commencement mechanism (Section 17) that auto-amends definitions when a Commonwealth Act commences","Nested definitions requiring lookup chains (e.g., 'adjacent area' → 'offshore area' → Commonwealth Offshore Petroleum Act)","Dual application to coastal waters and extra-territorial operation (Sections 5-6) creating geographic complexity","Specific carve-out for judicial review of cross-boundary pipeline decisions (Section 14(2)) with a 'most closely connected' test"],"plain_english_summary":"**What this legislation does**\n\nThis Act is Tasmania's way of joining a national scheme for regulating Australia's gas industry. Instead of writing its own detailed gas laws from scratch, Tasmania \"adopts\" a set of laws already written by South Australia. This is a common technique in Australian federalism called \"legislative referral\" or \"application legislation\" — think of it as Tasmania photocopying South Australia's homework but putting its own name on it.\n\n**Who it affects**\n\n- **Gas companies** operating pipelines in Tasmania (including offshore)\n- **The Australian Energy Regulator (AER)** and other Commonwealth bodies who now have legal power to make decisions in Tasmania\n- **Tasmanian gas consumers** (indirectly, through regulated prices and access rules)\n- **The Tasmanian Government**, which shares regulatory power with Commonwealth agencies\n\n**Key things the Act does**\n\n- **Imports South Australia's law**: Section 7 applies the \"National Gas Law\" (which lives in a Schedule to South Australia's Act) as if it were Tasmanian law\n- **Imports South Australia's regulations**: Section 8 does the same for regulations\n- **Tasmanian-izes the terminology**: Section 9 swaps out South Australian references (like \"Supreme Court of South Australia\") for Tasmanian ones (\"Supreme Court of Tasmania\")\n- **Lets Commonwealth regulators work in Tasmania**: Sections 10-12 allow federal energy bodies and ministers from other states to exercise powers in Tasmania\n- **Handles cross-border pipelines**: Section 14 creates special rules for pipelines that cross state boundaries — decisions made in one state are recognised in others\n- **Tax exemptions**: Section 13 exempts certain gas business restructures from state duties and taxes\n- **Repeals old law**: Schedules 1 and 2 scrap Tasmania's previous gas access legislation from 2000/2001\n\n**Why it matters**\n\nThis is part of the **National Gas Access Regime**, a cooperative scheme where states agreed to uniform gas regulation to create a single national market. Without this Act, gas companies would face different rules in every state, making interstate pipelines and trading much harder. It's essentially plumbing for the economy — invisible to most people, but essential for keeping gas flowing and prices stable."}},"importantCases":[],"_links":{"self":"/api/acts/national-gas-tasmania-act-2008","history":"/api/acts/national-gas-tasmania-act-2008/history","analysis":"/api/acts/national-gas-tasmania-act-2008/analysis","conflicts":"/api/acts/national-gas-tasmania-act-2008/conflicts","importantCases":"/api/acts/national-gas-tasmania-act-2008/important-cases","documents":"/api/acts/national-gas-tasmania-act-2008/documents"}}