55Deemed exemption for small suppliers supplying the domestic market

55  Deemed exemption for small suppliers supplying the domestic market

 (1) Subsections 26(1), 27(1) and 28(1) do not apply at a time to the supplier mentioned in those subsections if:

 (a) the amount of counted gas in relation to the supplier, that has been produced in the most recent calendar year ending before the time, is nil or is less than 100 petajoules; and

 (b) subsection (2) does not apply; and

 (c) the supplier has not entered into an agreement, at a time on or after the commencement of this instrument, to supply regulated gas with a person who (at that time) intended to export the regulated gas from Australia.

 (2) For the purposes of paragraph (1)(b), this subsection applies if:

 (a) the supplier entered into an agreement, before the commencement of this instrument, to supply regulated gas with a person; and

 (b) the supplier has varied the agreement, on or after that commencement, to increase the amount of regulated gas to be supplied under the agreement; and

 (c) at the time of the variation, the person intended to export regulated gas supplied under the agreement (as varied) from Australia.

 (3) For the purposes of paragraph (1)(c) and subsection (2), disregard an agreement if it is a gas swap agreement, a mandatory government agreement or an agreement mentioned in section 51 or subsection 52(1) or (2).

Counted gas

 (4) The following regulated gas is counted gas in relation to a person (the supplier):

 (a) any regulated gas produced by the supplier or a related body corporate in the parts of Australia to which this Part applies (see section 9);

 (b) if there is an agreement under which the supplier or a related body corporate has a right to ownership, or the value of sale, of a particular amount of regulated gas produced by the parties to that agreement (other than by the supplier or a related body corporate) in those parts of Australia, in accordance with that agreement—that particular amount of regulated gas;

 (c) if there is an agreement under which the supplier or a related body corporate has a right to ownership, or the value of sale, of the regulated gas produced by the parties to that agreement (other than by the supplier or a related body corporate) in those parts of Australia, in accordance with that agreement—so much of that regulated gas as is covered by subsection (5).

 (5) For the purposes of paragraph (4)(c), this subsection covers regulated gas if:

 (a) the supplier, or a related body corporate, is a party to an agreement (the second agreement) with the parties to the agreement mentioned in paragraph (4)(c); and

 (b) under the second agreement, the regulated gas is to be sold or marketed.