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Australian Capital Territory
National Gas (ACT) Act 2008
A2008-15
Republication No 5
Effective: 2 July 2017
Republication date: 2 July 2017
Last amendment made by A2014-18
(republication for expiry of transitional provisions (pt 5))
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About this republication
The republished law
This is a republication of the National Gas (ACT) Act 2008 (including any amendment made
under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 2 July 2017. It also
includes any commencement, amendment, repeal or expiry affecting this republished law to
2 July 2017.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the
ACT legislation register at www.legislation.act.gov.au):
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made
by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).
The changes are made if the Parliamentary Counsel considers they are desirable to bring the law
into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M
appears immediately before the provision heading. The text of the modifying provision appears
in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $140 for
an individual and $700 for a corporation (see Legislation Act 2001, s 133).
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contents 1
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Australian Capital Territory
National Gas (ACT) Act 2008
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Dictionary 2
4 Terms used in National Gas (ACT) Law 2
5 Notes 2
6 Crown to be bound 2
7 Extra-territorial operation 3
Part 2 National Gas (ACT) Law and National Gas
(ACT) Regulation
8 Application in the ACT of National Gas Law 3
9 Application in the ACT of regulations under National Gas Law 4
10 Interpretation of some terms in National Gas (ACT) Law and National
Gas (ACT) Regulation 4
Section 1 - National Gas (ACT) Act 2008 - National Gas (ACT) Act 2008 | Zoe
Contents
Page
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Part 3 Cross-vesting of powers
11 Conferral of powers on Commonwealth Minister and Commonwealth
bodies to act in the ACT 6
12 Conferral of powers on Ministers of other participating States to act in
the ACT 6
13 Conferral of functions on Minister 7
Part 4 Miscellaneous
14 Exemption from taxes 8
15 Declaration of exempt matter 8
16 Actions in relation to cross boundary pipelines 9
17 Conferral of functions on Commonwealth entities 10
18 Regulation-making power 10
Dictionary 11
Endnotes
1 About the endnotes 12
2 Abbreviation key 12
3 Legislation history 13
4 Amendment history 14
5 Earlier republications 15
6 Expired transitional or validating provisions 15
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Australian Capital Territory
National Gas (ACT) Act 2008
An Act to establish a framework to enable third parties to gain access to certain
natural gas pipeline services, and for other purposes
Part 1 Preliminary
Section 1
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Part 1 Preliminary
1 Name of Act
This Act is the National Gas (ACT) Act 2008.
3 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this
Act.
Note 2 A definition in the dictionary applies to the entire Act unless the
definition, or another provision of the Act, provides otherwise or the
contrary intention otherwise appears (see Legislation Act, s 155 and
s 156 (1)).
4 Terms used in National Gas (ACT) Law
A term used in the National Gas (ACT) Law has the same meaning
in this Act.
Note A definition in an Act applies except so far as the contrary intention
appears (see Legislation Act, s 155).
5 Notes
A note included in this Act is explanatory and is not part of this Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of
notes.
6 Crown to be bound
The Legislation Act, section 121 (Binding effects of Acts) applies to
the National Gas (ACT) Law and the National Gas
(ACT) Regulation as if—
(a) the National Gas (ACT) Law were an Act; and
National Gas (ACT) Law and National Gas (ACT) Regulation Part 2
Section 7
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(b) the National Gas (ACT) Regulation were a regulation made or
in force under the National Gas (ACT) Law.
Note 1 The Legislation Act, s 121 provides that an Act binds all governments,
including the Territory, the Commonwealth, a State and another
Territory. However, the Australian Capital Territory
(Self-Government) Act 1988 (Cwlth), s 27 provides that, except as
provided by the regulations under that Act, an ACT enactment does not
bind the Crown in right of the Commonwealth.
Note 2 A reference to an Act includes a reference to the statutory instruments
made or in force under the Act, including any regulation (see s 8 (2) and
Legislation Act, s 104).
7 Extra-territorial operation
The Legislative Assembly intends that this Act, the National Gas
(ACT) Law and the National Gas (ACT) Regulation should, so far as
possible, operate to the full extent of the extra-territorial legislative
power of the Territory.
Part 2 National Gas (ACT) Law and
National Gas (ACT) Regulation
8 Application in the ACT of National Gas Law
(1) The National Gas Law set out in the schedule to the South
Australian Act, as in force from time to time—
(a) applies as a territory law; and
(b) as so applying may be referred to as the National Gas
(ACT) Law.
Note The South Australian Act is accessible at www.legislation.sa.gov.au.
Part 2 National Gas (ACT) Law and National Gas (ACT) Regulation
Section 9
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(2) The Legislation Act, section 104 (References to laws include
references to instruments under laws) applies to the National Gas
(ACT) Law as if the National Gas (ACT) Law were an Act.
Note The Legislation Act, s 104 provides that a reference to an Act includes a
reference to the statutory instruments made or in force under the Act.
The statutory instruments under the National Gas Law include the
National Gas Rules.
9 Application in the ACT of regulations under National Gas
Law
The regulations in force from time to time under the South
Australian Act, part 3 (Making of regulations and rules under
National Gas Law)—
(a) apply as regulations in force for the purposes of the National
Gas (ACT) Law; and
(b) as so applying may be referred to as the National Gas
(ACT) Regulation.
Note The South Australian Act is accessible at www.legislation.sa.gov.au.
10 Interpretation of some terms in National Gas (ACT) Law
and National Gas (ACT) Regulation
(1) In the National Gas (ACT) Law and the National Gas
(ACT) Regulation:
adjacent area of another participating jurisdiction means the
offshore area of a State within the meaning of the Offshore
Petroleum and Greenhouse Gas Storage Act 2006 (Cwlth), section 8
(Offshore areas of the States and Territories).
Note State includes the Northern Territory (see Legislation Act, dict, pt 1,
def State).
court means the Supreme Court.
designated Minister means the Commonwealth Minister.
National Gas (ACT) Law and National Gas (ACT) Regulation Part 2
Section 10
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legislature of this jurisdiction means the Legislative Assembly.
National Gas Law or this Law means the National Gas (ACT) Law.
this jurisdiction means the Territory.
(2) The Acts Interpretation Act 1915 (SA) and other Acts of South
Australia do not apply to—
(a) the National Gas Law set out in the schedule to the South
Australian Act in its application as a territory law; or
(b) regulations in force from time to time under the South
Australian Act, part 3 (Making of regulations and rules under
National Gas Law) in their application as regulations in force
for the purposes of the National Gas (ACT) Law.
Part 3 Cross-vesting of powers
Section 11
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Part 3 Cross-vesting of powers
11 Conferral of powers on Commonwealth Minister and
Commonwealth bodies to act in the ACT
(1) The Commonwealth Minister and the Commonwealth bodies have
power to do acts in, or in relation to, the ACT in the exercise of a
function expressed to be conferred on them respectively by the
national gas legislation of another participating jurisdiction.
Note Exercise a function includes perform the function (see Legislation Act,
dict, pt 1, def exercise), and function includes power (see Legislation
Act, dict, pt 1, def function).
(2) In this section:
Commonwealth bodies means any of the following:
(a) AER;
(b) NCC;
(c) the Tribunal.
12 Conferral of powers on Ministers of other participating
States to act in the ACT
The Minister of another participating jurisdiction has power to do
acts in, or in relation to, the ACT in the exercise of a function
expressed to be conferred on the Minister by the national gas
legislation of another participating jurisdiction.
Note 1 State includes the Northern Territory (see Legislation Act, dict, pt 1,
def State).
Note 2 Exercise a function includes perform the function (see Legislation Act,
dict, pt 1, def exercise), and function includes power (see Legislation
Act, dict, pt 1, def function).
Cross-vesting of powers Part 3
Section 13
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13 Conferral of functions on Minister
If the national gas legislation of another participating jurisdiction
confers a function on the Minister, the Minister—
(a) may exercise the function; and
(b) may do all things necessary or convenient to be done in
connection with the exercise of the function.
Note Exercise a function includes perform the function (see
Legislation Act, dict, pt 1, def exercise), and function includes
power (see Legislation Act, dict, pt 1, def function).
Part 4 Miscellaneous
Section 14
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Part 4 Miscellaneous
14 Exemption from taxes
(1) Any duty or other tax imposed under a territory law is not payable in
relation to—
(a) an exempt matter; or
(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.
Note An example is part of the Act, is not exhaustive and may extend,
but does not limit, the meaning of the provision in which it
appears (see Legislation Act, s 126 and s 132).
(2) In this section:
exempt matter means a transfer of assets or liabilities—
(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
(b) that the Treasurer declares to be an exempt matter under
section 15.
15 Declaration of exempt matter
(1) The Treasurer may declare that a transfer of assets or liabilities is an
exempt matter for section 14.
(2) A declaration is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act.
Miscellaneous Part 4
Section 16
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16 Actions in relation to cross boundary pipelines
(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—
(a) by, or in relation to, a relevant Minister; or
(b) by the court within the meaning of that legislation in relation to
action taken by, or in relation to, a relevant Minister;
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)—
(c) by, or in relation to, a relevant Minister within the meaning of
that other legislation; or
(d) by the court within the meaning of that other legislation;
as the case requires.
(2) Despite subsection (1), 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 under the National Gas (ACT) Law to be the
participating jurisdiction with which the cross boundary distribution
pipeline is most closely connected.
(3) A reference in this section—
(a) to an action that is taken includes a reference to—
(i) a decision or determination that is made; or
(ii) an omission that is made; and
(b) to a purported action that is purportedly taken includes a
reference to a purported decision or determination that is
purportedly made.
Part 4 Miscellaneous
Section 17
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(4) In this section:
cross boundary pipeline means—
(a) a cross boundary transmission pipeline; or
(b) a cross boundary distribution pipeline.
17 Conferral of functions on Commonwealth entities
(1) The National Gas (ACT) Law, schedule 2, clause 2 (Law to be
construed not to exceed legislative power of Legislature) has effect
in relation to the operation of any provision of this Act, or any
provision forming part of the National Gas (ACT) Regulation, as if
the provision formed part of the National Gas (ACT) Law.
(2) Subsection (1) does not limit the effect that a provision would
validly have apart from the subsection.
18 Regulation-making power
The Executive may make regulations that the National Gas (ACT)
Law contemplates be made under this Act.
Note A regulation must be notified, and presented to the Legislative
Assembly, under the Legislation Act.
Dictionary
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Dictionary
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
ACT
Commonwealth
exercise
function
Legislation Act
Legislative Assembly
Minister (see s 162)
State
Supreme Court
territory law
the Territory
Treasurer.
National Gas (ACT) Law means the provisions applying because of
section 8.
National Gas (ACT) Regulation means the provisions applying
because of section 9.
South Australian Act means the National Gas (South Australia)
Act 2008 (SA).
Note A reference to a law (including a SA Act) includes a reference to the
Act as originally made and as amended (see Legislation Act, s 102).
Endnotes
1 About the endnotes
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished
law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The
details of these laws are underlined in the legislation history. Uncommenced
expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
Legislation history 3
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3 Legislation history
National Gas (ACT) Act 2008 A2008-15
notified LR 30 June 2008
s 1, s 2 commenced 30 June 2008 (LA s 75 (1))
s 19 (1), sch 1 commenced 1 July 2008 (s 2 (2): Offshore Petroleum
Act 2006 (Cwlth), s 7 and this Act, s 10 both commenced 1 July 2008)
remainder commenced 1 July 2008 (s 2 (1) and see National Gas
(South Australia) Act 2008 (SA), s 7)
as amended by
National Energy Retail Law (Consequential Amendments) Act 2012
A2012-32 pt 12
notified LR 14 June 2012
s 1, s 2 commenced 14 June 2012 (LA s 75 (1))
pt 12 commenced 1 July 2012 (s 2 (1) and see National Energy Retail
Law (ACT) Act 2012 A2012-31, s 2 (1) and CN2012-12)
Statute Law Amendment Act 2014 A2014-18 sch 3 pt 3.17
notified LR 20 May 2014
s 1, s 2 commenced 20 May 2014 (LA s 75 (1))
sch 3 pt 3.17 commenced 10 June 2014 (s 2 (1))
Endnotes
4 Amendment history
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4 Amendment history
Commencement
s 2 om LA s 89 (4)
Interpretation of some terms in National Gas (ACT) Law and National Gas
(ACT) Regulation
s 10 def adjacent area of another participating jurisdiction sub
A2008-15 amdt 1.1
am A2014-18 amdt 3.72
Regulation-making power
s 18 (2), (3) exp 1 July 2009 (s 18 (3))
sub A2012-32 s 65
Transitional—National Energy Retail Law
pt 5 hdg ins A2012-32 s 66
exp 1 July 2017 (s 23)
Validation of instruments and decisions made by AER
s 19 om LA s 89 (3)
ins A2012-32 s 66
exp 1 July 2017 (s 23)
AER—authorisation of preparatory steps
s 20 om LA s 89 (3)
ins A2012-32 s 66
exp 1 July 2017 (s 23)
Access arrangements to pipelines in ACT
s 21 ins A2012-32 s 66
exp 1 July 2017 (s 23)
Transitional regulations
s 22 ins A2012-32 s 66
exp 1 July 2017 (s 23)
Expiry—pt 5
s 23 ins A2012-32 s 66
exp 1 July 2017 (s 23)
Amendment of this Act—Offshore Petroleum Act 2006 (Cwlth)
sch 1 om LA s 89 (3)
Consequential amendments
sch 2 om LA s 89 (3)