{"id":"sr:national-gas-victoria-declared-system-provisions-regulations-2024","name":"National Gas (Victoria) (Declared System Provisions) Regulations 2024","slug":"national-gas-victoria-declared-system-provisions-regulations-2024","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":183493,"registerId":"vic-sr:national-gas-victoria-declared-system-provisions-regulations-2024-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"National Gas (Victoria) (Declared System Provisions) Regulations 2024","content":"Version No. 002\n\n**National Gas (Victoria) (Declared System Provisions) Regulations 2024**\n\n**S.R. No. 25/2024**\n\nVersion incorporating amendments as at  \n17 December 2024\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objective 1\n\n2 Authorising provision 1\n\n3 Revocation 1\n\n4 Class A civil penalty provisions and civil penalties 1\n\n4A Class B civil penalty provisions and civil penalties 2\n\n4B Class C civil penalty provisions and civil penalties 2\n\n5 Conduct provisions 2\n\nSchedule 1—Civil penalty provisions 3\n\nSchedule 2—Conduct provisions 4\n\n═════════════\n\nEndnotes 8\n\n1 General information 8\n\n2 Table of Amendments 10\n\n3 Explanatory details 11\n\n**Version No.** **002**\n\n**National Gas (Victoria) (Declared System Provisions) Regulations 2024**\n\n**S.R. No. 25/2024**\n\nVersion incorporating amendments as at  \n17 December 2024\n\n\t1 Objective\n\nThe objective of these Regulations is to prescribe, for the purposes of the National Gas (Victoria) Law—\n\n(a) certain provisions of the National Gas Rules to be—\n\n(i) a civil penalty provision; or\n\n(ii) a conduct provision; and\n\n(b) a civil penalty for a breach of a provision of the National Gas Rules that is a declared system provision and prescribed to be a civil penalty provision.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 16A of the **National Gas (Victoria) Act 2008**.\n\n\t3 Revocation\n\nThe National Gas (Victoria) (Declared System Provisions) Regulations 2014[[1]](#endnote-1) are **revoked**.\n\nReg. 4 substituted by S.R. No. 137/2024 reg. 4.\n\n\t4 Class A civil penalty provisions and civil penalties\n\nA provision of the National Gas Rules that is a declared system provision and specified in Column 2 of an item in Table 1 of Schedule 1 is prescribed to be a civil penalty provision and the civil penalty prescribed for the purposes of that provision is the amount specified in section 3A(1)(a)(i) or (ii) of the National Gas (Victoria) Law, as indexed in accordance with clause 47A of Schedule 2 to that Law.\n\nReg. 4A inserted by S.R. No. 137/2024 reg. 4.\n\n\t4A Class B civil penalty provisions and civil penalties\n\nA provision of the National Gas Rules that is a declared system provision and specified in Column 2 of an item in Table 2 of Schedule 1 is prescribed to be a civil penalty provision and the civil penalty prescribed for the purposes of that provision is the amount specified in section 3A(1)(b)(i) or (ii) of the National Gas (Victoria) Law, as indexed in accordance with clause 47A of Schedule 2 to that Law.\n\nReg. 4B inserted by S.R. No. 137/2024 reg. 4.\n\n\t4B Class C civil penalty provisions and civil penalties\n\nA provision of the National Gas Rules that is a declared system provision and specified in Column 2 of an item in Table 3 of Schedule 1 is prescribed to be a civil penalty provision and the civil penalty prescribed for the purposes of that provision is the amount specified in section 3A(1)(c)(i) or (ii) of the National Gas (Victoria) Law, as indexed in accordance with clause 47A of Schedule 2 to that Law.\n\n\t5 Conduct provisions\n\nA provision of the National Gas Rules that is a declared system provision and specified in Column 2 of an item in Schedule 2 is prescribed to be a conduct provision.\n\nSch. 1 substituted by S.R. No. 137/2024 reg. 5.\n\nSchedule 1—Civil penalty provisions\n\n**Table 1—Class A civil penalty provisions**\n\n| *Column 1*<br>*Item* | *Column 2*<br>*Declared system provision* |\n| --- | --- |\n| 1 | rule 326A(2) |\n\n\n**Table 2—Class B civil penalty provisions**\n\n| *Column 1*<br>*Item* | *Column 2*<br>*Declared system provision* |\n| --- | --- |\n| 1 | rule 289E(7) |\n\n\n**Table 3—Class C civil penalty provisions**\n\n| *Column 1*<br>*Item* | *Column 2*<br>*Declared system provision* |\n| --- | --- |\n| 1 | rule 260(5) |\n| 2 | rule 289E(1) |\n| 3 | rule 289E(3) |\n| 4 | rule 289E(4) |\n| 5 | rule 290A(3) |\n| 6 | rule 293(5) |\n| 7 | rule 293(6) |\n| 8 | rule 293(7) |\n| 9 | rule 317B(3) |\n| 10 | rule 317B(7) |\n\n\nSch. 2 amended by S.R. No. 137/2024 reg. 6.\n\nSchedule 2—Conduct provisions\n\n| *Column 1*<br>*Item* | | | *Column 2*<br>*Declared system provision* | |\n| --- | --- | --- | --- | --- |\n| 1 | | | rule 211(1)(a) | |\n| 2 | | | rule 211(2) | |\n| 3 | | | rule 213(2) | |\n| 4 | | | rule 213(4) | |\n| 5 | | | rule 216(1) | |\n| 6 | | | rule 216(2) | |\n| 7 | | | rule 219 | |\n| 8 | | | rule 225(5) | |\n| 9 | | | rule 229(4) | |\n| 10 | | | rule 229(5) | |\n| 11 | | | rule 229(7) | |\n| 12 | | | rule 229(8) | |\n| 13 | | | rule 233(2) | |\n| 14 | | | rule 242(2) | |\n| 15 | | | rule 243(1) | |\n| 16 | | | rule 246 | |\n| 17 | | | rule 250(4) | |\n| 18 | | | rule 254(1) | |\n| 19 | | | rule 259(4) | |\n| 20 | | | rule 260(5) | |\n| 21 | | | rule 263(2) | |\n| 22 | | | rule 268 | |\n| 23 | | | rule 270 | |\n| 24 | | | rule 272(1) | |\n| 25 | | | rule 272(5) | |\n| 26 | | | rule 273(2) | |\n| 27 | | | rule 273(4) | |\n| 28 | | | rule 275(1) | |\n| 29 | | | rule 275(2) | |\n| 30 | | | rule 275(5) | |\n| 31 | | | rule 279(2) | |\n| 32 | | | rule 280(1) | |\n| 33 | | | rule 281(5) | |\n| 33A | | | rule 286B(5) | |\n| 34 | | | rule 289(1) | |\n| 35 | | | rule 289(4) | |\n| 35A | | | rule 289A(1) | |\n| 35B | | | rule 289A(2) | |\n| 35C | | | rule 289E(5) | |\n| 35D | | | rule 289E(7) | |\n| 35E | | | rule 289F(1) | |\n| 35F | | | rule 289F(2) | |\n| 35G | | | rule 289F(4) | |\n| 36 | | rule 290 | | | |\n| 37 | | | rule 291 | |\n| 38 | | | rule 292(5) | |\n| 38A | | | rule 293(2) | |\n| 38B | | | rule 293(3) | |\n| 38C | | | rule 293(8) | |\n| 39 | | | rule 294(2) | |\n| 40 | | | rule 295 | |\n| 41 | | | rule 296 | |\n| 42 | | | rule 300 | |\n| 43 | | | rule 301 | |\n| 44 | | | rule 302 | |\n| 45 | | | rule 303(1) | |\n| 46 | | | rule 303(2) | |\n| 46A | | | rule 303(2A) | |\n| 47 | | | rule 303(3) | |\n| 48 | | | rule 303(4) | |\n| 49 | | | rule 303(5) | |\n| 50 | | | rule 304 | |\n| 51 | | | rule 305 | |\n| 52 | | | rule 306(1) | |\n| 53 | rule 307 | | |\n| 54 | rule 308(2) | | |\n| 55 | rule 308(3) | | |\n| 56 | rule 308(5) | | |\n| 57 | rule 308(6) | | |\n| 58 | rule 309(1) | | |\n| 59 | rule 309(2) | | |\n| 60 | rule 309(4) | | |\n| 61 | rule 312(5) | | |\n| 62 | rule 312(6) | | |\n| 63 | rule 312(7) | | |\n| 63A | rule 317A(4) | | |\n| 63B | rule 317B(3) | | |\n| 63C | rule 317B(7) | | |\n| 64 | rule 324(1) | | |\n| 65 | rule 324(3) | | |\n| 66 | rule 324(4) | | |\n| 67 | rule 324(5) | | |\n| 68 | rule 326(3) | | |\n| 69 | rule 326(6) | | |\n| 70 | rule 327(1) | | |\n| 71 | rule 328(2) | | |\n| 72 | rule 329(1) | | |\n| 73 | rule 333(2) | | |\n| 74 | rule 334 | | |\n| 75 | rule 335 | | |\n| 76 | rule 337 | | |\n| 77 | rule 338 | | |\n| 78 | rule 339(3) | | |\n| 79 | rule 341(3) | | |\n\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe National Gas (Victoria) (Declared System Provisions) Regulations 2024, S.R. No. 25/2024 were made on 16 April 2024 by the Governor in Council under section 16A of the **National Gas (Victoria) Act 2008**, No. 30/2008 and came into operation on 16 April 2024.\n\nThe National Gas (Victoria) (Declared System Provisions) Regulations 2024 will sunset 10 years after the day of making on 16 April 2034 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the National Gas (Victoria) (Declared System Provisions) Regulations 2024 by statutory rules, subordinate instruments and Acts.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nNational Gas (Victoria) (Declared System Provisions) Amendment Regulations 2024, S.R. No. 137/2024\n\n| *Date of Making:* | 17.12.24 |\n| --- | --- |\n| *Date of Commencement:* | 17.12.24 |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\n1. Reg. 3: S.R. No. 22/2014. [↑](#endnote-ref-1)","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose: to prescribe which National Gas Rules provisions attract civil penalties or conduct provisions status in Victoria. The 2024 amendments expanded the *content* (adding Class B and C penalties and more listed rules) but did not expand the *scope* beyond the original function of creating the penalty framework for declared system provisions."},"complexity_factors":["Short instrument (only 5 regulations plus schedules)","No defined terms section — relies entirely on definitions in the National Gas (Victoria) Law and National Gas Rules","Heavy cross-referencing to external instruments (National Gas Rules, National Gas (Victoria) Law) — understanding this requires looking up rule numbers in a separate 500+ page document","Simple tabular structure for listing provisions, but the content of those provisions is opaque without external reference","No conditional logic or nested exceptions within the instrument itself","Recent amendments (December 2024) added structural complexity by creating three distinct penalty classes (A, B, C) where previously there may have been fewer tiers"],"plain_english_summary":"These regulations set out the penalties for breaking specific gas market rules in Victoria.\n\n**What it does:**\nThe National Gas Rules are detailed technical rules that govern how gas is transported and traded in Australia. These Victorian regulations pick out specific rules from that national framework and say: \"If you break this rule in Victoria, here's what happens.\"\n\n**Two types of consequences:**\n\n*   **Civil penalty provisions** — These are serious breaches. The regulations divide them into three classes (A, B, and C) with different fine levels. The actual dollar amounts aren't listed here; instead, the regulations point to sections in the National Gas (Victoria) Law where the amounts are set (and those amounts get adjusted for inflation over time).\n    *   *Class A:* One rule (326A(2)) — highest penalty tier\n    *   *Class B:* One rule (289E(7)) — middle penalty tier  \n    *   *Class C:* Ten rules covering various operational requirements — lower penalty tier\n\n*   **Conduct provisions** — These are 79 specific rules (listed in Schedule 2) where breaching them triggers enforcement action, but typically without the heavy financial penalties attached to civil penalty provisions. Think of these as \"compliance rules\" where the regulator can step in to stop bad behaviour or force compliance.\n\n**Who it affects:**\nGas market participants in Victoria — including gas transmission companies, distribution businesses, storage operators, and large gas users who must follow the National Gas Rules.\n\n**Why it matters:**\nWithout these regulations, the National Gas Rules would just be guidelines with no teeth in Victoria. This instrument gives the Victorian energy regulator the power to fine companies or take them to court for specific breaches, ensuring the gas market operates fairly and reliably.\n\n**Key update:**\nThis 2024 version replaces the 2014 regulations and was amended in December 2024 to add new penalty classifications (Classes B and C) and update which specific rules attract penalties."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Yes. The 2024 Regulations revoke the 2014 Regulations and, via S.R. No.137/2024, substitute Schedule 1 and amend Schedule 2. They add separate Class B and Class C penalty categories (Regs 4A, 4B), reclassify which National Gas Rules are civil-penalty provisions and expand or update the list of conduct provisions. Mechanically, the scope of listed declared system provisions and their penalty classifications was updated."},"complexity_factors":["Extensive cross-references to external instruments: multiple National Gas Rules entries listed in Schedules 1 and 2 (Schedule 1, Schedule 2).","Penalty amounts are not stated directly but linked to National Gas (Victoria) Law s.3A(1)(a)-(c) and indexed under clause 47A, requiring cross‑checking (Regs 4, 4A, 4B).","Three-tier civil penalty classification (Class A, B, C) increases rules-mapping complexity (Regs 4, 4A, 4B).","Large enumerated schedules: dozens of distinct rule numbers to track for compliance and enforcement (Schedules 1 & 2).","Regulatory change history and substitutions: revocation of 2014 Regulations and amendments by S.R. No.137/2024 that substitute Schedule 1 and amend Schedule 2 (Reg 3; Sch.1 substituted; Sch.2 amended).","Administrative implications: sunset provision (10 years) and indexing mechanism create ongoing monitoring and administrative burden (Endnotes; reference to clause 47A).","Enforcement dependency: effect depends on enforcement and penalty application under the National Gas (Victoria) Law, so administrators must interpret cross-linked provisions."],"plain_english_summary":"These Regulations specify which provisions of the National Gas Rules (the “declared system provisions”) are enforceable as civil penalty breaches or as conduct obligations under the National Gas (Victoria) Law. They sort listed Rules into Class A, B or C civil-penalty categories and set the applicable penalty amounts by reference to section 3A(1) of the Law (indexed under clause 47A).\n\nWho pays and who decides: people or businesses who breach a listed Rule face the prescribed fines; the Regulations themselves (as made under s.16A) determine which Rules attract which legal treatment, changing compliance incentives accordingly."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"Based on the available text, there is insufficient substantive content to determine whether the scope changed from the original intent. The legislation appears to be a straightforward Victorian implementation of national gas declared system provisions, consistent with its title and stated purpose as a statutory rule."},"complexity_factors":["Operates within a layered regulatory framework — Victorian legislation implementing a national gas law scheme, meaning readers must understand multiple interacting laws","Highly technical subject matter involving gas pipeline infrastructure, access regimes, and energy market regulation","The concept of 'declared systems' requires understanding of prior designation processes under the National Gas Law","Interplay between federal/national energy frameworks and state-level implementation adds jurisdictional complexity","Likely cross-references to the National Gas Law, National Gas Rules, and Australian Energy Regulator guidelines not visible in this extract","The provided text is largely metadata/structural, making full assessment of substantive complexity impossible"],"plain_english_summary":"These regulations implement Victoria’s National Gas Law rules for \"declared systems\" — specific gas pipelines or networks — and apply to pipeline owners/operators, retailers, distributors, large connected users and the Australian Energy Regulator. \n\nThey set the framework for access, pricing and operator compliance that shapes who can use networks and on what terms, affecting competition, costs and consumer prices. The published extract is mainly structural, so substantive detail is limited."}},"importantCases":[],"_links":{"self":"/api/acts/national-gas-victoria-declared-system-provisions-regulations-2024","history":"/api/acts/national-gas-victoria-declared-system-provisions-regulations-2024/history","analysis":"/api/acts/national-gas-victoria-declared-system-provisions-regulations-2024/analysis","conflicts":"/api/acts/national-gas-victoria-declared-system-provisions-regulations-2024/conflicts","importantCases":"/api/acts/national-gas-victoria-declared-system-provisions-regulations-2024/important-cases","documents":"/api/acts/national-gas-victoria-declared-system-provisions-regulations-2024/documents"}}