Schedule 1—Repeal and transitional provisions
1—Repeal of Gas Act 1988
The Gas Act 1988 (the repealed Act) is repealed.
2—Transitional provision—licensed supplier of reticulated gas under repealed Act
(1) A person who is licensed to carry on a business of supplying reticulated gas under Part 2 of the repealed Act immediately before the commencement of this Act will be issued with a licence—
(a) authorising the operation of a distribution system; and
(b) authorising the retailing of gas,
under Division 1 of Part 3 of this Act for a period of not less than 12 months from the commencement of this Act until 30 September in any year, subject to terms and conditions specified by the Technical Regulator.
(2) The regulations may modify the application of the provisions of this Act with respect to the payment of licence fees in relation to a person referred to in subclause (1) and the initial licence period of not less than 12 months referred to in that subclause.
(3) Subject to subclause (4), a person referred to in subclause (1) is not liable for loss or damage resulting from cutting off, or failing to supply, gas to any premises.
(4) Subclause (3) applies only in relation to the supply of gas under a contract made before the commencement of this Act.
Legislative history
Notes
• Amendments of this version that are uncommenced are not incorporated into the text.
• Please 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.
• Earlier versions of this Act (historical versions) are listed at the end of the legislative history.
• For 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.
Principal Act and amendments
New entries appear in bold.
Year
No
Title
Assent
Commencement
Gas Act 1997
10.4.1997
1.7.1997 (Gazette 26.6.1997 p3052)
Gas (Miscellaneous) Amendment Act 1997
18.12.1997 (Gazette 18.12.1997 p1644)
Gas Pipelines Access (South Australia) Act 1997
30.7.1998 (being the day on which the Gas Pipelines Access (Commonwealth) Act 1998 received the Royal Assent: Commonwealth of Australia Gazette No. GN 34, 26.8.1998): Gazette 2.4.1998 p1606
District Court (Administrative and Disciplinary Division) Amendment Act 2000
20.4.2000
Sch 1 cl 16—1.6.2000 (Gazette 18.5.2000 p2554)
Gas (Miscellaneous) Amendment Act 2000
29.6.2000
30.6.2000 (Gazette 29.6.2000 p3414) except s 3 & Sch—1.7.2001: s 2(2)
Statutes Amendment (Gas and Electricity) Act 2003
12.6.2003
Pt 2 (ss 4—64)—1.7.2003 except s 36—1.11.2003 (Gazette 26.6.2003 p2812) and except new ss 26(1)(a), 26A(2)(a) & 26B(1)(a) (as inserted by s 19) and new ss 34B—34D (as inserted by s 29)—28.7.2004 (Gazette 22.7.2004 p2595) and except new s 33(1)(a) (as inserted by s 27) & new s 34A (as inserted by s 29)—19.8.2004 (Gazette 19.8.2004 p3280)
Gas (Temporary Rationing) Amendment Act 2004
3.6.2004
15.1.2004: s 2(2) except ss 4, 6—8—19.8.2004 (Gazette 19.8.2004 p3278)
Emergency Management Act 2004
29.7.2004
Sch 1 (cl 3)—25.11.2004 (Gazette 25.11.2004 p4406)
Statutes Amendment (Electricity and Gas) Act 2004
5.8.2004
Pt 3 (ss 7—9)—19.8.2004 (Gazette 19.8.2004 p3279)
Fire and Emergency Services Act 2005
14.7.2005
Sch 6 (cl 9)—1.10.2005 (Gazette 29.9.2005 p3547)
Statutes Amendment (Electricity and Gas) Act 2006
5.10.2006
Pt 3 (ss 18—20) & Sch 2—1.9.2007 (Gazette 19.4.2007 p1233)
Statutes Amendment (Energy Efficiency Shortfalls) Act 2009
4.6.2009
Pt 3 (s 5)—3.9.2009 (Gazette 3.9.2009 p4368)
Statutes Amendment (Public Health Incidents and Emergencies) Act 2009
Pt 6 (s 22)—25.6.2009
Statutes Amendment (Australian Energy Market Operator) Act 2009
Pt 4 (s 31) & Sch 1 (cll 14, 19 & 28—30)—1.7.2009; ss 24—30 & 32 & Sch 1 (cll 15—18 & 20—27)—1.10.2009 (Gazette 25.6.2009 p3001)
Statutes Amendment (Electricity and Gas—Information Management and Retailer of Last Resort) Act 2009
Pt 3 (s 6)—22.10.2009: s 2
Statutes Amendment (Public Sector Consequential Amendments) Act 2009
10.12.2009
Pt 67 (s 162)—1.2.2010 (Gazette 28.1.2010 p320)
Statutes Amendment (Electricity and Gas—Price Determination Periods) Act 2010
Pt 3 (s 4)—5.8.2010
Statutes Amendment (Personal Property Securities) Act 2011
14.4.2011
Pt 10 (s 30)—16.6.2011 (Gazette 16.6.2011 p2610)
South Australian Public Health Act 2011
Sch 1 (cl 8)—16.9.2012 (Gazette 30.8.2012 p3945)
Electrical Products (Energy Products) Amendment Act 2011
22.9.2011
Sch 1 (cll 1—6)—10.5.2012 (Gazette 10.5.2012 p1682)
Statutes Amendment (National Energy Retail Law Implementation) Act 2012
13.12.2012
Pt 4 (ss 24—29, 30(2)—(5), 31—36)—1.2.2013 (Gazette 31.1.2013 p157); s 30(1)—uncommenced
Statutes Amendment (Directors' Liability) Act 2013
23.5.2013
Pt 22 (ss 43—46)—17.6.2013 (Gazette 6.6.2013 p2498)
Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015
18.6.2015
Pt 16 (s 87)—1.7.2015 (Gazette 25.6.2015 p3076)
Statutes Amendment (Electricity and Gas) Act 2017
14.6.2017
Pt 3 (ss 44—76)—17.10.2017 (Gazette 17.10.2017 p4338)
Statutes Amendment (SACAT No 2) Act 2017
28.11.2017
Pt 19 (ss 100 to 106)—4.10.2018 (Gazette 28.6.2018 p2618)
Statutes Amendment (Electricity and Gas) (Energy Productivity) Act 2020
30.7.2020
Pt 3 (ss 6 & 7)—1.10.2020 (Gazette 10.9.2020 p4557)
Gas (Other Gases) Amendment Act 2023
23.11.2023
7.3.2024 (Gazette 7.3.2024 p371)
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision
How varied
Commencement
Long title
amended by 33/2011 Sch 1 cl 1
Pt 1
Schedule Sch 1 - Gas Act 1997 - Repeal and transitional provisions | Zoe
s 2
omitted under Legislation Revision and Publication Act 2002
s 3
amended by 21/2017 s 44
s 4
s 4(1)
s 4 redesignated as s 4(1) by 73/1997 s 3(e)
annual gas consumption level
inserted by 9/2003 s 4(1)
Commission
inserted by 9/2003 s 4(2)
consumer
deleted by 9/2003 s 4(3)
council
amended by 9/2003 s 4(4)
customer
inserted by 9/2003 s 4(5)
disconnect
amended by 9/2003 s 4(6)
distribution system
substituted by 73/1997 s 3(a)
amended by 9/2003 s 4(7)
gas
amended by 33/2023 s 3
7.3.2024
gas infrastructure
amended by 73/1997 s 3(b)
gas supply industry
substituted by 55/2012 s 24(1)
National Energy Retail Rules
inserted by 55/2012 s 24(2)
National Gas Procedures (South Australia)
inserted by 32/2009 s 24(1)
National Gas Rules
inserted by 55/2012 s 24(3)
NERL retailer
inserted by 55/2012 s 24(3)
non-contestable consumer
substituted by 73/1997 s 3(c)
deleted by 9/2003 s 4(8)
Pricing Regulator
deleted by 9/2003 s 4(9)
regulated entity
inserted by 55/2012 s 24(4)
retailing
substituted by 73/1997 s 3(d)
retail market administrator
deleted by 32/2009 s 24(2)
retail market rules
deleted by 32/2009 s 24(2)
small customer
supply
deleted by 73/1997 s 3(d)
transmission pipeline
inserted by 9/2003 s 4(11)
Tribunal
inserted by 51/2017 s 100
s 4(2)
inserted by 73/1997 s 3(e)
substituted by 9/2003 s 4(12)
deleted by 32/2009 s 24(3)
s 4(3)
inserted by 9/2003 s 4(12)
deleted by 32/2009 s 24(3)
Pt 2
Pt 2 Div A1
inserted by 9/2003 s 5
s 6A
s 6A(2)
amended by 55/2012 s 25(1)
s 6A(3) and (4)
inserted by 55/2012 s 25(2)
Pt 2 Div 1
s 7
s 7(2)
amended by 9/2003 s 6
s 8
s 8(1)
amended by 74/1997 s 51
amended by 9/2003 s 7(3)
(a) deleted by 9/2003 s 7(1)
(d) deleted by 9/2003 s 7(2)
amended by 33/2011 Sch 1 cl 2
amended by 21/2017 s 45
s 8(2) and (3)
deleted by 9/2003 s 7(4)
s 10
s 10(1)
amended by 9/2003 s 8(1)
s 10(2)
amended by 9/2003 s 8(2)
s 10(3)
substituted by 21/2017 s 46
s 10(4)
inserted by 21/2017 s 46
s 11
s 11(1)
amended by 9/2003 s 9(1)
s 11(2)
amended by 74/1997 s 52
amended by 9/2003 s 9(2)
substituted by 45/2009 s 6
ss 12 and 13
deleted by 9/2003 s 10
Pt 2 Div 2
amended by 74/1997 s 53
substituted by 9/2003 s 11
s 15
s 15(1)
amended by 55/2012 s 26
s 16
s 16(1)
s 16 redesignated as s 16(1) by 8/2015 s 87
s 16(2)
inserted by 8/2015 s 87
Pt 3
Pt 3 Div A1
inserted by 9/2003 s 12
Pt 3 Div A2
inserted by 55/2012 s 27
Pt 3 Div 1
s 19
amended by 9/2003 s 13
(ba) deleted by 32/2009 s 25
s 20
s 20(1)
amended by 9/2003 s 14(1), (2)
s 20(2)
amended by 9/2003 s 14(2)
s 20(3)
amended by 9/2003 s 14(2), (3)
s 20(4)
amended by 9/2003 s 14(2)
s 21
s 21(1)
amended by 9/2003 s 15(1)
s 21(2)
amended by 9/2003 s 15(2), (3)
(ca) deleted by 32/2009 s 26
s 21(3)
amended by 9/2003 s 15(4)
s 21(4)
inserted by 73/1997 s 4
substituted by 9/2003 s 15(5)
s 21A
inserted by 9/2003 s 16
s 23
substituted by 9/2003 s 17
s 24
s 24(1)
amended by 9/2003 s 18(1), (2)
s 24(2)
s 24(3)
amended by 74/1997 s 54
substituted by 29/2000 s 3
substituted by 9/2003 s 18(3)
s 24(4)
substituted by 29/2000 s 3
s 24(5) and (6)
deleted by 29/2000 s 3
s 24(7)
s 24(9)
administrative costs
inserted by 9/2003 s 18(4)
s 25
amended by 73/1997 s 5
substituted by 9/2003 s 19
s 26
substituted by 9/2003 s 19
1.7.2003 except s 26(1)(a)—28.7.2004
s 26(1)
amended by 32/2009 s 27
amended by 21/2017 s 47(1), (2)
s 26A
inserted by 9/2003 s 19
1.7.2003 except s 26A(2)(a)—28.7.2004
s 26A(1)
deleted by 55/2012 s 28
s 26A(2)
amended by 36/2004 s 7
amended by 32/2009 s 28
s 26B
inserted by 9/2003 s 19
1.7.2003 except s 26B(1)(a)—28.7.2004
deleted by 32/2009 s 29
inserted by 55/2012 s 29
s 27
s 27(1)
s 27 amended and redesignated as s 27(1) by 9/2003 s 20(1), (2)
s 27(2)
inserted by 9/2003 s 20(2)
s 28
deleted by 9/2003 s 21
s 29
s 29(1)
amended by 9/2003 s 22
s 30
s 30(1)
amended by 9/2003 s 23(1)
s 30(2)
amended by 9/2003 s 23(2)
s 30(3)—(6)
inserted by 9/2003 s 23(3)
ss 30A and 30B
inserted by 9/2003 s 24
s 31
s 31(1)—(3)
amended by 9/2003 s 25
s 32
s 32(1)
amended by 9/2003 s 26(1), (2)
s 32(3)
amended by 9/2003 s 26(3)
s 32A
inserted by 11/2011 s 30
Pt 3 Div 2
amended by 29/2000 s 4
substituted by 9/2003 s 27
1.7.2003 except s 33(1)(a)—19.8.2004
s 33
s 33(1)
(b), (c) deleted by 32/2009 s 30(1)
s 33(2)
may expire by proclamation: s 33(5)
amended by 32/2009 s 30(2), (3)
s 33(4)
amended by 51/2017 s 101
s 33A
amended by 36/2004 s 8
deleted by 32/2009 s 31
1.7.2009
Pt 3 Div 3
s 34
s 34(1)
amended by 9/2003 s 28(1)
s 34(2)
amended by 9/2003 s 28(2)
s 34(2a)
inserted by 9/2003 s 28(3)
s 34(3)
amended by 9/2003 s 28(4)—(6)
s 34(4)
amended by 9/2003 s 28(7)
s 34(5)
inserted by 9/2003 s 28(8)
Pt 3 Div 3A
inserted by 9/2003 s 29
28.7.2004 except s 34A—19.8.2004
s 34A
may expire by proclamation: s 34A(7)
s 34A(1a)
inserted by 55/2012 s 30(1)
uncommenced—not incorporated
s 34A(2)
amended by 55/2012 s 30(2)
s 34A(3)
deleted by 55/2012 s 30(3)
s 34A(4)
amended by 55/2012 s 30(4)
s 34A(4a)
inserted by 36/2004 s 9(1)
amended by 11/2010 s 4(1), (2)
s 34A(6) before substitution by 55/2012
standing contract price
substituted by 36/2004 s 9(2)
s 34A(6)
substituted by 55/2012 s 30(5)
Pt 3 Div 3B
inserted by 9/2003 s 29
28.7.2004
deleted by 55/2012 s 31
Pt 3 Div 5
s 37
s 37(1)
amended by 29/2000 s 5(a)—(c)
amended by 9/2003 s 30(1)
s 37(2)
substituted by 29/2000 s 5(d)
s 37(2a)
inserted by 29/2000 s 5(d)
s 37(4)
substituted by 9/2003 s 30(2)
s 37(4a)
inserted by 9/2003 s 30(2)
s 37(5)
inserted by 29/2000 s 5(e)
amended by 9/2003 s 30(3)
s 37A
inserted by 29/2000 s 6
s 37A(1)
amended by 9/2003 s 31(1)
substituted by 17/2004 s 4(1)
amended by 21/2017 s 48(1)
s 37A(1a)
inserted by 17/2004 s 4(1)
s 37A(2)
amended by 9/2003 s 31(2)
amended by 17/2004 s 4(2), (3)
amended by 21/2017 s 48(2)
s 37A(3)
inserted by 17/2004 s 4(4)
ss 37AB—37AD
inserted by 17/2004 s 5
15.1.2004
ss 37B and 37C
inserted by 29/2000 s 6
Pt 3 Div 6
s 38
s 38(1)—(3)
amended by 9/2003 s 32
Pt 3 Div 7
heading substituted by 9/2003 s 33
s 39
s 39(1)
amended by 9/2003 s 34(1), (2)
s 39(2) and (3)
amended by 9/2003 s 34(3)
s 40
s 40(1)
amended by 9/2003 s 35(1)
s 40(4)
amended by 9/2003 s 35(2)
s 40(5)
amended by 9/2003 s 35(3)
s 40(6)
amended by 9/2003 s 35(4)
Pt 3 Div 8
deleted by 9/2003 s 36
1.11.2003
Pt 4
Pt 4 Div 1
s 42
s 42(1)
amended by 9/2003 s 37
s 44
s 44(2)
amended by 9/2003 s 38(1)
s 44(3)
amended by 9/2003 s 38(2)
Pt 4 Div 1A
inserted by 21/2017 s 49
Pt 4 Div 2
s 47
s 47(11) and (12)
deleted by 9/2003 s 39
Pt 4 Div 3
s 48
s 48(2)
amended by 21/2017 s 50(1), (2)
Pt 4 Div 4
s 54
amended by 30/2004 Sch 1 cl 3
25.11.2004
amended by 40/2005 Sch 6 cl 9(1), (2)
1.10.2005
amended by 21/2006 Sch 2
amended by 29/2009 s 22
amended by 21/2011 Sch 1 (cl 8)
16.9.2012
amended by 55/2012 s 32(1), (2)
Pt 5
Pt 5 Div 1 heading
deleted by 33/2011 Sch 1 cl 3
s 55
s 55(1)
amended by 9/2003 s 40
substituted by 21/2017 s 51
s 55(1a) and (1b)
inserted by 21/2017 s 51
s 55A
inserted by 21/2017 s 52
s 56
s 56(1)
amended by 29/2000 s 7(a)
(c) deleted by 29/2000 s 7(b)
amended by 21/2017 s 53(1)
s 56(2)
substituted by 29/2000 s 7(c)
amended by 21/2017 s 53(2)
s 56(3)
substituted by 29/2000 s 7(c)
amended by 21/2017 s 53(3)
s 56(4)
inserted by 29/2000 s 7(c)
amended by 21/2017 s 53(4)
s 56A
inserted by 21/2017 s 54
s 57
s 57(1)
amended by 9/2003 s 41(1)
amended by 21/2017 s 55(1), (2)
s 57(2)
amended by 9/2003 s 41(2)
amended by 21/2017 s 55(3)
s 57(4)
amended by 9/2003 s 41(3)
substituted by 21/2017 s 55(4)
s 57A
inserted by 9/2003 s 42
s 57B
inserted by 21/2006 s 18
s 57B(3)
inserted by 21/2017 s 56
s 57C
inserted by 21/2006 s 18
s 57C(3)
inserted by 21/2017 s 57
Pt 5A
s 59AA
inserted by 33/2023 s 4
7.3.2024
Pt 5 Div 2 before deletion by 33/2011
s 61
s 61(1)
amended by 9/2003 s 43(1), (2)
s 61(2)
amended by 9/2003 s 43(3), (4)
s 61(5)
inserted by 9/2003 s 43(5)
ss 61AA and 61AB
inserted by 21/2006 s 19
Pt 5 Div 2
deleted by 33/2011 Sch 1 cl 4
Pt 5
s 58
substituted by 21/2017 s 58
Pt 5A
inserted by 55/2012 s 33
s 59A
s 59A(1)
amended by 25/2020 s 6
Pt 6
Pt 6 Div A1
inserted by 9/2003 s 44
s 61A before substitution by 21/2017
s 61A(1)
amended by 55/2012 s 34(1)
s 61A(2)
amended by 55/2012 s 34(2)
s 61A
substituted by 21/2017 s 59
s 61AB
inserted by 21/2017 s 59
ss 61BA and 61BB
inserted by 21/2017 s 60
Pt 6 Div A2
inserted by 9/2003 s 44
Pt 6 Div A3
inserted by 21/2017 s 61
Pt 6 Div 1
s 62
s 62(1)
amended by 9/2003 s 45(1)
s 62(3)
substituted by 9/2003 s 45(2)
substituted by 17/2004 s 6(1)
s 62(4)
inserted by 9/2003 s 45(2)
amended by 17/2004 s 6(2)
s 63
s 63(3) and (4)
amended by 9/2003 s 46
s 64
s 64(1)
amended by 9/2003 s 47(1)
s 64(3)
amended by 9/2003 s 47(1), (2)
Pt 6 Div 2
s 66
s 66(4)
amended by 73/1997 s 6
s 67 before substitution by 21/2017
s 67(1)
amended by 33/2011 Sch 1 cl 5(1)—(3)
s 67(2)
amended by 9/2003 s 48(1)
s 67(4)
amended by 9/2003 s 48(2)
amended by 17/2004 s 7
s 67
substituted by 21/2017 s 62
s 68
s 68(3)
amended by 9/2003 s 49
amended by 21/2017 s 63(1), (2)
s 69
s 69(1)
amended by 21/2017 s 64(1), (2)
s 69(2)
amended by 9/2003 s 50(1)
amended by 21/2017 s 64(3)
s 69(4)
amended by 9/2003 s 50(2)
substituted by 21/2017 s 64(4)
s 69(5)—(7)
inserted by 21/2017 s 64(4)
s 70
s 70(3)
amended by 9/2003 s 51
s 70(4) and (5)
amended by 17/2004 s 8(1)
deleted by 21/2017 s 65
Pt 6 Div 3
inserted by 21/2017 s 66
Pt 7
amended by 4/2000 s 9(1) (Sch 1 cl 16(a)—(e))
1.6.2000
substituted by 9/2003 s 52
heading
amended by 51/2017 s 102
s 71
s 71(1)
amended by 21/2017 s 67(1)
s 71(1a)
inserted by 21/2017 s 67(2)
s 72
substituted by 21/2017 s 68
substituted by 51/2017 s 103
s 73
amended by 51/2017 s 104
Pt 8
s 77
substituted by 9/2003 s 53
s 77(1a)
inserted by 21/2006 s 20(1)
s 77(2)
substituted by 21/2006 s 20(1)
s 77(3)
amended by 21/2006 s 20(2)
s 77(4)
substituted by 55/2012 s 35
s 77A
inserted by 9/2003 s 53
s 78
amended by 9/2003 s 54
ss 78A and 78B
inserted by 9/2003 s 55
s 81
amended by 16/2013 s 43
s 81(1)
s 81 redesignated as s 81(1) by 21/2017 s 69
s 81(2)—(4)
inserted by 21/2017 s 69
s 82
s 82(1)
amended by 16/2013 s 44
s 86
amended by 9/2003 s 56
s 87
amended by 9/2003 s 57
s 87A
inserted by 21/2017 s 70
s 88
s 88(2a)
inserted by 21/2017 s 71
s 88(3)
inserted by 16/2013 s 45
s 89
substituted by 16/2013 s 46
s 89(3)
amended by 21/2017 s 72
s 89A
inserted by 21/2017 s 73
s 90
s 90(1)
amended by 9/2003 s 58
s 91
substituted by 29/2000 s 8
substituted by 9/2003 s 59
s 91A
inserted by 19/2009 s 5
3.9.2009
s 91A(1)
amended by 25/2020 s 7(1)
s 91A(2)
amended by 25/2020 s 7(2)
s 91A(3)
amended by 25/2020 s 7(3)
s 91A(12)
amended by 25/2020 s 7(4)
s 91A(13)
amended by 25/2020 s 7(5)
s 91A(15)
relevant gas retailer
substituted by 55/2012 s 36
s 92 before deletion by 84/2009
s 92(1)
amended by 9/2003 s 60
s 92
deleted by 84/2009 s 162
1.2.2010
s 93
s 93(2)
substituted by 9/2003 s 61
(c) deleted by 32/2009 s 32
s 93(2a) and (2b)
inserted by 9/2003 s 61
s 94
s 94(1)
amended by 21/2017 s 74
s 94(2)
amended by 9/2003 s 62
s 95
s 95(2)
amended by 9/2003 s 63(1)—(3)
(f) and (g) deleted by 33/2011 Sch 1 cl 6
amended by 21/2017 s 75
s 95(2a)
inserted by 9/2003 s 63(4)
s 95(3)
amended by 9/2003 s 63(5)
Sch 1
Sch redesignated as Sch 1 by 9/2003 s 64
Sch 2
inserted by 9/2003 s 64
expired: proclamation (Gazette 19.8.2004 p3282)—omitted under Legislation Revision and Publication Act 2002
(1.7.2005)
Sch 3
inserted by 9/2003 s 64
deleted by 51/2017 s 105
Transitional etc provisions associated with Act or amendments
Gas (Miscellaneous) Amendment Act 2000, Sch
1—Licence fees to remain payable
Nothing in this Act affects the liability of the holder of a licence issued under Part 3 of the principal Act to pay instalments (whether payable before or after the commencement of this Schedule) of an annual licence fee the first instalment of which has become payable before the commencement of this Schedule.
Statutes Amendment (Gas and Electricity) Act 2003
76—Provisions relating to Technical Regulator and ESC under Gas Act
(1) The Essential Services Commission may continue and complete any process commenced by the Technical Regulator under Part 3 of the Gas Act 1997 but not completed before the commencement of this section.
(2) A reference to the Technical Regulator in an instrument or document that has been made or issued under, or relates to, Part 3 of the Gas Act 1997 is (where the context permits) to be read as a reference to the Essential Services Commission.
(3) Subclause (2) does not apply to a reference to a safety or technical matter within the functions of the Technical Regulator.
78—Acts Interpretation Act
The Acts Interpretation Act 1915 applies, except to the extent of any inconsistency with the provisions of this Part, to the amendments effected by this Act.
Gas (Temporary Rationing) Amendment Act 2004
9—Provision relating to Gas Regulations 1997
Regulation 22 of the Gas Regulations 1997 (as inserted by the Gas Variation Regulations 2004, Gazette 15.1.2004 p213) is to be taken to have been made under section 37AC of the Gas Act 1997 for the purposes of Part 3 Division 5 of that Act.
Statutes Amendment (Australian Energy Market Operator) Act 2009, Sch 1
Part 2—Transitional provisions—Gas market
Division 1—Preliminary
14—Preliminary
In this Part, unless the contrary intention appears—
AEMO means the Australian Energy Market Operator Limited (ACN 072 010 327);
asset means tangible or intangible real or personal property of any description and includes—
(a) a present, future or contingent legal or equitable interest in real or personal property;
(b) a chose in action;
(c) a right, power, privilege or immunity;
(d) goodwill;
(e) a security;
(f) money;
(g) documents;
(h) information (including data and records) in any form;
liability means a monetary or non‑monetary obligation and includes a future or contingent obligation;
principal Act means the Gas Act 1997;
property includes intellectual property;
relevant day means a day appointed by the relevant Minister by notice in the Gazette as the relevant day for the purposes of the provision in which the term is used;
relevant Minister means the Minister responsible for the administration of the principal Act;
REMCo means the Retail Energy Market Company Limited (ACN 103 318 556).
Division 2—Provision of information and assistance
15—Provision of information and assistance to AEMO
(1) Despite any other Act or law, REMCo is authorised, on its own initiative or at the request of AEMO—
(a) to provide AEMO with such documents and other information (including data and records and including information given in confidence) in the possession or control of REMCo that is reasonably required by AEMO in connection with the performance or exercise of its functions or powers (whether under this Act or the principal Act or under any other Act or law); and
(b) to provide AEMO with such other assistance as is reasonably required by AEMO to perform or exercise a function or power (whether under the principal Act or under any other Act or law).
(2) Despite any other Act or law, REMCo or the relevant Minister may authorise AEMO to disclose information provided under subclause (1) even if the information was given to REMCo in confidence.
16—Provision of information under a licence
A reference in a licence under the principal Act relating to the provision of information by a gas entity to REMCo will, on the relevant day, be taken to be a reference to the provision of information to AEMO.
Division 3—Retail market administrator licence
17—Retail market administrator licence
Any licence in force under section 26B of the principal Act immediately before the relevant day is cancelled by force of this clause on the relevant day.
Division 4—Retail market rules
18—Retail market rules
The REMCo Retail Market Rules, as published by REMCo, insofar as those rules apply in relation to South Australia, will no longer apply from the relevant day.
Division 5—Imposition of additional costs on service providers
19—Imposition of additional costs on service providers
(1) This clause applies if—
(a) AEMO changes the National Gas Procedures (South Australia); and
(b) the effect of the change is to alter the retail market obligations of a service provider in the State; and
(c) the service provider is able to satisfy AEMO—
(i) that the alteration imposes additional obligations on the service provider that result, or will result, in new costs being incurred by the service provider that are, or will be, fair and reasonable material costs; and
(ii) that the service provider is unable to recover those costs under existing pricing and access arrangements applying in the State with respect to services provided by the service provider (after taking into account reasonable accounting and regulatory cost recovery principles).
(2) In a case where this clause applies, the change referred to in subclause (1)(a) will not apply to or in relation to the relevant service provider unless or until—
(a) the service provider is able to recover the costs referred to in subclause (1)(c); or
(b) AEMO implements steps that result in the service provider not having to incur the relevant costs.
(3) This clause will expire on the relevant day.
(4) In this clause—
National Gas Procedures (South Australia) means the National Gas Procedures under the National Gas Law that apply in, or in relation to, South Australia, as in force from time to time;
service provider means a service provider under the National Gas (South Australia) Law.
Note—
Clause 19 expired on 1.7.2011: cl 19(3) (see—proclamation (Gazette 25.7.2009 p2876)).
Division 6—Transfer of assets and liabilities—REMCo
20—Transfer of assets and liabilities—REMCo
(1) The relevant Minister may, by instrument in writing (an allocation order), transfer any of REMCo's assets or liabilities to AEMO (insofar as any such assets or liabilities relate to REMCO's activities or former activities in, or in relation to, South Australia).
(2) The Minister may, in connection with—
(a) the operation of an allocation order (whether or not as part of the allocation order); or
(b) the operation of any other instrument (whether or not executed under statute),
by instrument in writing—
(c) divide any right, interest or liability of REMCo into distinct parts; or
(d) direct that a reference in any instrument or other document to REMCo will be taken to be a reference to some other entity; or
(e) take other steps to facilitate the transfer of any asset or liability of REMCo.
(3) An instrument under subclause (2) operates by force of this clause and despite the provisions of any other law or instrument.
(4) An instrument under subclause (1) or (2) takes effect from a date (which may be earlier than the date of the instrument) specified in the instrument.
(5) If it appears to the relevant Minister that assets or liabilities should not have been transferred to AEMO under this clause, the Minister may, by instrument in writing (a claw back order), transfer assets or liabilities transferred under this clause from AEMO to REMCo or to another person or entity specified by the relevant Minister.
(6) A claw back order—
(a) must be made within 12 months after the date of the allocation order; and
(b) takes effect from a date (which may be earlier than the date of the order) specified in the order.
(7) The relevant Minister must, at least 20 business days before making a claw back order, give AEMO written notice of the relevant Minister's intention to make the order.
(8) The relevant Minister may make an allocation order, or a claw back order, in relation to assets or liabilities situated outside South Australia.
(9) An allocation order or a claw back order may be made on conditions specified in the order.
(10) The relevant Minister may only act under this clause at the request or with the concurrence of REMCo.
21—Effect of transfer order
(1) On the relevant date, assets and liabilities vest in the transferee named in a transfer order in accordance with the order.
(2) If a transfer order provides for the transfer of the transferor's interest in an agreement—
(a) the transferee becomes on the relevant date a party to the agreement in place of the transferor; and
(b) on and after the relevant date, the agreement has effect as if the transferee had always been a party to the agreement.
(3) In this clause—
relevant date means, in relation to an allocation order or a claw back order, the date specified in the order for the order to take effect;
transfer order means an allocation order or a claw back order under clause 20;
transferor means the person from whom assets or liabilities are transferred by a transfer order.
22—Continued effect of certain acts by REMCo
Anything done, or omitted to be done, by REMCo 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.
23—Continuation of proceedings
Proceedings commenced before the date of transfer by or against REMCo in relation to an asset or liability transferred to AEMO under this Division may be continued and completed by or against AEMO.
24—Evidence of transfer
A written notice signed by the relevant Minister stating that a specific transfer of assets or liabilities has been made under this Division is conclusive evidence of the transfer.
25—References
(1) A reference in an instrument or other document to REMCo 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.
(2) Subclause (1) does not apply to any instrument or document, or instrument or documents of a specified class, excluded from the operation of that subclause by the Minister by notice in the Gazette.
26—Certain parties to transfer must do anything necessary to perfect transfer
(1) AEMO must accept assets and liabilities transferred to it under this Division.
(2) The relevant Minister may direct AEMO's directors to accept, on AEMO's behalf, a transfer of assets or liabilities under this Division.
(3) The relevant parties must take necessary action to perfect a transfer of assets or liabilities under this Division.
(4) The relevant Minister may direct the directors of a relevant party to ensure that the relevant party complies with an obligation under subclause (3).
(5) In this clause—
relevant party means—
(a) AEMO; or
(b) REMCo.
27—Agreements
(1) As from the relevant day, AEMO succeeds to REMCo's powers, rights, obligations and liabilities under any agreement or other instrument related to a gas market of which AEMO assumes the operation.
(2) A reference in an agreement or other instrument within the ambit of subclause (1) continues to have effect in accordance with its terms and as if any reference to REMCo were a reference to AEMO and, as from the relevant day, the agreement or other instrument has effect as if AEMO had always been a party to the agreement or instrument.
Part 3—Related matters
28—Corporations Act displacement
To the extent that any provision of this Schedule is incapable of concurrent operation with a provision of the Corporations Act 2001 of the Commonwealth (a designated Commonwealth provision), the provision of this Schedule is declared to be a Corporations legislation displacement provision for the purposes of section 5G of that Act in relation to the designated Commonwealth provision.
Note—
Section 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.
29—Validity and effect of steps taken under Schedule
(1) Nothing done under this Schedule—
(a) is to be regarded as placing any person in breach of contract or confidence or as otherwise making any person guilty of a civil wrong; or
(b) is to be regarded as placing any person in breach of, or as constituting a default under, any Act or other law or obligation or any provision in any agreement, arrangement or understanding including, but not limited to, any provision or obligation prohibiting, restricting or regulating the assignment, transfer, sale or disposal of any property or the disclosure of any information; or
(c) is to be regarded as fulfilling any condition that allows a person to exercise a power, right of remedy in respect of or to terminate any agreement or obligation; or
(d) is to be regarded as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument because of a change in the beneficial or legal ownership of any relevant property; or
(e) is to be regarded as causing any contract or instrument to be void or otherwise unenforceable; or
(f) is to be regarded as frustrating any contract; or
(g) releases any surety or other obligor wholly or in part from any obligation; or
(h) gives rise to any right or entitlement to damages or compensation.
(2) The transfer of a liability of an entity under this Part releases the entity from the liability.
(3) If the books or records of an entity are transferred to AEMO under this Part, AEMO must—
(a) preserve the books and records for at least 7 years; and
(b) allow—
(i) the entity and, if relevant, any director or former director of the entity; and
(ii) any other person authorised by the relevant Minister,
reasonable access to the books and records.
(4) In this clause—
AEMO means the Australian Energy Market Operator Limited (ACN 072 010 327);
relevant Minister means the Minister responsible for the administration of the Electricity Act 1996.
30—Exemption from taxes
Any stamp duty or other tax imposed by or under a law of this State is not payable in relation to a transfer of assets or liabilities under this Schedule.
Statutes Amendment (Electricity and Gas) Act 2017
76—Transitional provisions
(1) The amendment to section 26 of the principal Act effected by section 47 of this Act applies to a licence granted under the principal Act, or the holder of a licence under the principal Act, whether the licence was granted before or after the commencement of section 47 of this Act (and any existing licence is taken to be modified accordingly).
(2) In particular, a reference to the Commission in a condition relating to section 26(1)(b)(ii) of the principal Act under a licence in force immediately before the commencement of section 47 of this Act will be taken, on the commencement of section 47, to be a reference to the Technical Regulator (but nothing in this subsection is to be taken to require a licence holder to obtain a fresh approval to an existing safety, reliability, maintenance and technical management plan).
(3) For the purposes of the preceding subsections, the Commission may, as it thinks fit, issue to the holder of a licence under the principal Act in force immediately before the commencement of section 47 of this Act a replacement copy of the licence in order to take account of the modifications effected by section 47.
(4) In this section—
principal Act means the Gas Act 1997.
Statutes Amendment (SACAT No 2) Act 2017, Pt 19
106—Transitional provisions
(1) A right of appeal to the District Court under section 72 of the principal Act in existence before the relevant day (but not exercised before that day) will be exercised as if this Part had been in operation before that right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the Court.
(2) Nothing in this section affects any proceedings before the District Court commenced before the relevant day.
(3) A member of the expert panel holding office immediately before the relevant day will cease to hold office on the relevant day and any contract of employment, agreement or arrangement relating to the office held by that member is terminated by force of this subsection at the same time (and no right of action will arise against a Minister or the State on account of that termination).
(4) In this section—
expert panel means the panel established under Schedule 3 of the principal Act as in force immediately before the relevant day;
principal Act means the Gas Act 1997;
relevant day means the day on which this Part comes into operation;
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.
Historical versions
Reprint No 1—18.12.1997