9Geographical application

9  Geographical application

 (1) For the purposes of subsection 53N(2) of the Act, Parts 3, 4, 5, 6, 7, 8 and 9 of this instrument apply in relation to all parts of Australia other than any part of Australia in relation to which the requirement in subsection (2) of this section is met.

 (2) For the purposes of subsection (1), the requirement in this subsection is met in relation to a part of Australia if:

 (a) there is a market for regulated gas in the part of Australia, and regulated gas is acquired and supplied in that market by means of a physical network of interconnected gas pipelines; and

 (b) there is another market for regulated gas in another part of Australia, in respect of which all of the following conditions are satisfied:

 (i) regulated gas is acquired and supplied in that market by means of a physical network of interconnected gas pipelines;

 (ii) that physical network crosses a border or borders between States, or between a State and a Territory; and

 (c) there is a physical separation between the network mentioned in paragraph (a) and the network mentioned in paragraph (b).

Part 3—Negotiations

Division 1—Gas EOIs

10  Gas EOI must comply with certain requirements

 (c) the gas EOI does not specify the matters mentioned in subsection (2).

 (2) For the purposes of paragraph (1)(c), the matters are as follows:

 (a) the quantity of regulated gas intended to be supplied in accordance with the gas EOI;

 (b) if the gas EOI contemplates that there will be annual supply requirements in an agreement under which regulated gas will be supplied in accordance with the gas EOI—the annual quantity of regulated gas intended to be supplied in accordance with the gas EOI;

 (c) the period over which the regulated gas is intended to be supplied in accordance with the gas EOI (including the dates the supply will commence and will cease, or a method for determining those dates);

 (d) the delivery points of the regulated gas intended to be supplied in accordance with the gas EOI;

 (e) the last day of the gas EOI open period (see subsection (3));

 (f) if the gas EOI contemplates that there will be conditions precedent, relating to the supply of regulated gas, to an agreement under which regulated gas will be supplied in accordance with the gas EOI—those conditions precedent.

Note: The gas EOI must specify the matters set out in subsection (2), and may also specify other matters.

 (3) The last day of the gas EOI open period specified in accordance with paragraph (2)(e) must be at least 20 business days after the day on which the supplier issues the gas EOI.