National Gas (Northern Territory) Act 2008

The Act's central concept is the National Gas (NT) Law, defined in section 3 as the provisions applying because of section 7. This is not a stand-alone NT enactment; it is the National Gas Law from South Australia, incorporated by reference and applied as a law of the Territory. The National Gas (NT) Regulations are similarly defined as the regulations applying because of section 8, being the regulations in force under Part 3 of the South Australian Act.

Participating jurisdictions are not defined in the Act itself but are a feature of the national gas legislative scheme, which includes South Australia as the host jurisdiction and any other State or Territory that applies the National Gas Law. The Act refers to "another participating jurisdiction" in sections 10, 11, and 12, indicating that the Territory is itself a participating jurisdiction under the scheme.

Cross boundary pipelines are defined in section 14(4) as cross boundary transmission pipelines and cross boundary distribution pipelines. These terms are not defined in this Act but would be defined in the National Gas Law. The key characteristic is that a part of the pipeline is situated in the jurisdictional area of more than one participating jurisdiction. The Act provides for mutual recognition of regulatory actions taken in relation to such pipelines and restricts judicial review for distribution pipelines to the most closely connected jurisdiction.

Ring fencing is referenced in section 13 as a requirement of the national gas legislation or an AER ring fencing determination. Ring fencing rules require vertically integrated gas businesses to separate their pipeline operations from their production or retail activities to prevent discrimination against third party access seekers. The Act's tax exemption is designed to facilitate compliance with these rules by removing the stamp duty barrier on asset transfers needed to achieve structural separation.

Designated minister is defined in section 9(1) as the Commonwealth Minister. This means that for the purposes of the National Gas (NT) Law, references to the designated minister refer to the federal minister, not the Territory minister. This reflects the Commonwealth's role in the national gas regulatory framework, particularly for matters such as coverage decisions and access arrangements that have national significance.

The Court is defined as the Supreme Court of the Northern Territory. The adjacent area of this jurisdiction is defined by reference to the offshore area of the Territory under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth), which extends the application of the National Gas (NT) Law to coastal waters (section 5). The adjacent area of another participating jurisdiction uses the same Commonwealth definition for other States' offshore areas.

Importantly, section 9(2) provides that the Acts Interpretation Act 1915 (SA) and other South Australian Acts do not apply to the National Gas Law or Regulations as applied in the Territory. This avoids unintended importation of South Australian interpretation rules that might conflict with Territory laws.

The Act directly affects any person or entity that owns, operates, or seeks access to natural gas pipelines in the Northern Territory, including offshore areas within the Territory's adjacent area. This includes pipeline businesses that were previously covered by the repealed Gas Pipelines Access (Northern Territory) Act 1998, as they are now subject to the national framework. The Act also affects third parties seeking access to pipeline services, as their access rights are now governed by the National Gas (NT) Law rather than the old Territory regime.

The Australian Energy Regulator (AER) is a key affected body. Section 10 confirms that the AER (defined as a Commonwealth body) has power to act in the Territory when performing functions under the national gas legislation of another participating jurisdiction. This means AER decisions on coverage, access arrangements, ring fencing, and arbitration can apply to NT pipelines, and the AER can exercise enforcement powers in the Territory.

The National Competition Council (NCC) and the Australian Competition Tribunal are similarly empowered. The NCC makes recommendations on pipeline coverage, and the Tribunal hears appeals from AER decisions. Their decisions now have direct legal effect in the Territory.

The Commonwealth Minister is conferred power to act in the Territory under section 10. This means federal ministerial decisions under the national gas legislation of another jurisdiction (such as the power to make coverage determinations under the South Australian Act) apply to NT pipelines. The NT Minister is also affected: section 12 allows the NT Minister to perform functions or exercise powers conferred by another jurisdiction's legislation, effectively enabling the NT Minister to act in a coordinated fashion across borders.

State Ministers of other participating jurisdictions, by virtue of section 11, have power to act in or in relation to the Territory when performing functions under their own legislation. This means, for example, the South Australian Minister could take action under the South Australian Act that has effect in the Territory for a cross boundary pipeline.

The Supreme Court of the Northern Territory is designated as the Court for the National Gas (NT) Law. It may hear matters arising under the law, including judicial review and enforcement actions. However, the Act imposes a limit on its jurisdiction in relation to cross boundary distribution pipelines: unless the Territory is the most closely connected jurisdiction, no review may be brought in the NT Supreme Court (section 14(2)). This potentially shifts review to the courts of another jurisdiction.

Taxpayers are affected by the stamp duty exemption in section 13. Any person undertaking a transfer of assets or liabilities to comply with ring fencing requirements may apply for a Treasurer's declaration that the transfer is an exempt matter, thereby avoiding Territory stamp duty and other taxes. This reduces the cost of compliance but creates a dependence on a ministerial discretion.

Finally, the Territory Crown is bound by the Act, the National Gas (NT) Law, and the Regulations (section 4). This means government owned pipeline businesses are subject to the same access and ring fencing obligations as private operators.

The Act itself imposes few direct duties; the substantive duties arise from the National Gas (NT) Law which is incorporated by reference. However, the Act confers certain rights and imposes some procedural duties.

The most significant duty is the obligation on the Territory Crown to comply with the National Gas (NT) Law and Regulations, given that section 4 binds the Crown. This means government owned pipeline operators cannot claim sovereign immunity from access obligations.

Rights of third parties seeking access are not spelled out in this Act; they are contained in the National Gas Law (such as the right to apply for coverage of a pipeline, the right to negotiate an access arrangement, and the right to arbitration of access disputes). The Act's role is to ensure those rights are enforceable in the Territory and that the relevant regulators have jurisdiction here.

Rights of pipeline owners and operators include the right to seek a release from coverage, to propose access arrangements, and to charge tariffs approved by the AER. They also have procedural rights under the National Gas Law, such as rights to be heard before regulatory decisions are made.

The right to tax exemption under section 13 is a significant benefit. A person may apply for a Treasurer's declaration that a transfer of assets or liabilities is an exempt matter. If granted, no Territory duty or other tax is payable in relation to the transfer or anything done because of it. This reduces the cost of restructuring to comply with ring fencing requirements. However, the right is conditional: the Treasurer must be satisfied the transfer is for the purpose of ensuring a person does not carry on a business in breach of ring fencing requirements, or for the purpose of separation as required by an AER ring fencing determination. The Treasurer has broad discretion and the declaration is made by Gazette notice. The Act provides no appeal mechanism if the declaration is refused.

Rights in relation to cross boundary pipelines: Section 14(1) deems actions taken under the legislation of one participating jurisdiction (by a relevant Minister or the Supreme Court) to also be taken under the legislation of each other jurisdiction in which part of the pipeline is situated. This means a single regulatory decision applies across all affected jurisdictions, avoiding the need for multiple proceedings. For cross boundary transmission pipelines, this mutual recognition likely facilitates seamless regulation. For cross boundary distribution pipelines, however, there is a significant limitation: no judicial review may be brought before the NT Supreme Court unless the Territory is the most closely connected jurisdiction (section 14(2)). This effectively restricts the right to challenge regulatory decisions affecting such pipelines to the courts of the jurisdiction with the closest connection.

Duties of Commonwealth bodies: Section 10 confers on the AER, NCC, and Tribunal the power to act in the Territory. This is a power, not a duty, but if they fail to exercise jurisdiction over NT matters, access seekers might be left without a remedy. Conversely, the cross-vesting provisions mean these bodies must handle NT matters consistently with their functions under the national legislation.

Retrospective transitional regulations: Section 16 allows the Administrator to make transitional regulations that can have retrospective operation, but subject to a protective clause: they cannot operate to the disadvantage of a person (other than the Territory or a Territory authority) by decreasing rights or imposing liabilities. This is a limited safeguard against unfair retroactivity, but it does not prevent the regulations from taking away rights of the Territory or its authorities.

The Act does not itself create any penalties. Penalties for breaches of the pipeline access regime are contained in the National Gas (NT) Law, which is applied by section 7. That law includes provisions for civil and criminal penalties for conduct such as failing to provide access, discriminating between access seekers, failing to comply with an AER determination, or providing false or misleading information. The maximum penalties would be those specified in the National Gas Law as applied in the Territory.

Enforcement of those penalties in the Territory is managed through the cross-vesting provisions. Section 10 ensures that the AER, as a Commonwealth body, has power to act in the Territory to investigate and pursue enforcement actions. The AER can issue infringement notices, seek civil penalty orders from the Federal Court or the Supreme Court, and in serious cases, the matter may lead to criminal prosecution. The Supreme Court of the Northern Territory is defined as the Court for the National Gas (NT) Law (section 9), so it has jurisdiction to hear enforcement proceedings.

The Act indirectly affects enforcement through the cross boundary pipeline provisions. Section 14(1) deems enforcement actions taken in one jurisdiction to also be taken in other jurisdictions. For example, if the South Australian Supreme Court issues an injunction against a pipeline operator that also has a part of the pipeline in the Territory, that injunction is deemed to have been issued by the NT Supreme Court. This avoids duplicate proceedings and ensures consistent enforcement across borders.

However, the limitation on judicial review for cross boundary distribution pipelines in section 14(2) could affect enforcement in a different way. If a person wishes to challenge an enforcement action taken by a relevant Minister (such as the imposition of a penalty or the making of an order), they may be unable to bring that challenge in the NT Supreme Court unless the Territory is the most closely connected jurisdiction. This could force the challenge to be brought in another jurisdiction's court, potentially increasing costs and creating uncertainty about which forum has the final say.

The Act also provides no enforcement mechanism for the tax exemption in section 13. If the Treasurer unreasonably refuses to declare a transfer an exempt matter, there is no right of review in the Act. The applicant's only recourse may be to seek judicial review under administrative law principles, arguing that the discretion was exercised improperly or for an improper purpose.

Additionally, the repeal of the Gas Pipelines Access (Northern Territory) Act 1998 by section 18 means that enforcement proceedings that were pending or possible under the old regime must now be handled under the National Gas (NT) Law. Transitional regulations made under section 16 may address how existing proceedings or rights are dealt with, but the Act does not itself specify a transition. This could create gaps or uncertainties for conduct that occurred before the repeal.

The Act is explicitly designed to interact with the national gas regulatory framework, primarily by adopting the South Australian National Gas Law and Regulations. Its interaction with other laws falls into several categories.

Repeal and replacement: Section 18 repeals the Gas Pipelines Access (Northern Territory) Act 1998. That Act had previously governed third party access to natural gas pipelines in the Territory. The repeal means that any rights, duties, or proceedings under that Act are no longer valid unless saved by transitional regulations or the general law. The new regime under the National Gas (NT) Law is broader and more detailed, covering not only access but also ring fencing, coverage, and market conduct.

Adoption by reference: Sections 7 and 8 adopt the South Australian National Gas Law and its regulations as laws of the Territory. This is a dynamic adoption: amendments to the South Australian Act automatically become part of NT law without further NT legislation. This interaction creates a dependency on South Australia's legislative process. If South Australia makes a change that the NT would not have chosen, the Territory is nevertheless bound unless it specifically amends or repeals sections 7 and 8. This is a common feature of cooperative federal schemes but raises accountability concerns: the NT Legislative Assembly has delegated its lawmaking power over gas pipeline regulation to South Australia.

Cross-vesting with Commonwealth law: Section 10 confers powers on Commonwealth bodies (AER, NCC, Tribunal) to act in the Territory. This interacts with the Competition and Consumer Act 2010 (Cth), under which the AER is established and exercises functions. The cross-vesting means that the AER can apply its Commonwealth enforcement powers in the Territory for matters arising under the National Gas (NT) Law, which is a Territory law. The Act does not purport to confer Commonwealth legislative power but rather facilitates the exercise of Commonwealth executive powers in the Territory. Similarly, section 15 provides that Schedule 2 of the National Gas (NT) Law (which deals with the conferral of functions on Commonwealth bodies) has effect as if the provisions of this Act and the NT Regulations formed part of the National Gas (NT) Law.

Offshore petroleum legislation: Section 5 extends the application of the Act to coastal waters of the Territory, defined as sea on the landward side of the adjacent area (the offshore area under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth)). Section 9 defines "adjacent area of this jurisdiction" by reference to that Commonwealth Act. This means that pipelines on the seabed within the Territory's coastal waters are subject to the National Gas (NT) Law. The interaction with the Offshore Petroleum Act could be complex: pipelines used for petroleum production may be subject to both regimes, depending on whether they are covered by the National Gas Law and whether any exemption applies.

Tax law: Section 13 exempts certain transfers from "any duty or other tax imposed by or under a law of the Territory". This interacts with the Territory's stamp duties legislation, payroll tax, and other taxes. The exemption is not automatic; it requires a Treasurer's declaration. This means the general tax laws continue to apply unless and until a declaration is made. The section does not override Commonwealth taxes; only Territory taxes are affected.

Acts Interpretation Act: Section 9(2) provides that the Acts Interpretation Act 1915 (SA) and other South Australian Acts do not apply to the National Gas Law or Regulations as applied in the Territory. This prevents the importation of South Australian interpretation rules that might conflict with the Territory's own Interpretation Act or common law. However, it creates a potential gap: without a default interpretation statute, the National Gas (NT) Law must be interpreted according to common law principles and any interpretive provisions contained in the Law itself.

Crown immunity: Section 4 binds the Crown in right of the Territory and, to the extent of legislative power, the Crown in all other capacities (including the Commonwealth Crown). This means that the National Gas (NT) Law applies to government owned pipelines and that the government cannot claim immunity from enforcement. The qualification "to the extent the legislative power of the Legislative Assembly permits" recognises that the Territory cannot bind the Commonwealth Crown if it lacks the constitutional power to do so.

The Act was enacted as Act No. 16 of 2008, assented to on 24 June 2008, and commenced on 1 July 2008 by Gazette S32. The principal Act included a section 19 that made transitional amendments to section 9 to replace the definitions of "adjacent area of another participating jurisdiction" and "adjacent area of this jurisdiction" upon the commencement of section 7 of the Offshore Petroleum Act 2006 (Cth), which occurred on 1 July 2008 (the same day the Act commenced). This was a technical amendment to align the definitions with the Commonwealth Act's terminology.

The Act was amended by the Statute Law Revision Act 2014 (Act No. 38, 2014), which received assent on 13 November 2014 and commenced the same day. That amending Act repealed section 17 (which had dealt with the application of the National Gas (NT) Regulations to certain matters), section 19 (the transitional provision mentioned above, which was no longer needed), and the Schedule to the Act (which had originally contained a copy of the National Gas Law as applied in the Territory). The repeal of the Schedule reflects the fact that section 7 adopts the South Australian Act's Schedule by reference, so a separate NT Schedule was redundant and could become outdated.

The endnotes also indicate that general amendments of a formal nature were made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to section 1 (short title), but these are not further described. The reprint as at 13 November 2014 includes all amendments up to the 2014 Act.

The repeal of section 17 is notable. Section 17 originally dealt with transitional provisions related to the application of the National Gas (NT) Regulations. Its removal suggests that the transitional period had expired or that the regulations themselves now govern transitional matters. The repeal of the Schedule removes an appendix that may have been intended as a convenience copy but risked being out of date.

Overall, the amendment history is minimal, reflecting that the Act is a stable machinery statute. The only substantive amendment was the 2014 Statute Law Revision Act, which cleaned up spent provisions. The Act has not been significantly amended in response to policy changes, possibly because policy changes are made to the South Australian Act (which is automatically adopted) rather than to this Act.

The Act itself has generated little reported litigation. The text provided does not name any cases, and a source grounded analysis must not invent them. However, the structure of the Act creates potential litigation issues that may have been tested or could arise.

The cross boundary pipeline provisions in section 14 are a likely source of litigation. Section 14(1) deems actions taken in one jurisdiction to be taken in all others where a part of the pipeline lies. This could lead to disputes about whether an action taken under, say, South Australian law is valid for NT purposes if the South Australian action was procedurally flawed under its own legislation. The deeming provision does not cure any invalidity; it only provides for mutual recognition. A party could challenge the validity of the underlying action and argue that the deemed NT action is consequently invalid.

Section 14(2)'s limitation on judicial review for cross boundary distribution pipelines is a more direct invitation to litigation. The provision prevents any proceeding for judicial review or for a declaration, injunction, writ, order, or remedy being brought before the Court to challenge a relevant Minister's action unless the Territory is the most closely connected jurisdiction. This raises questions about what "most closely connected" means and who determines that. The Act does not specify a mechanism for making that determination. A party might argue that the provision is unconstitutional because it ousts the jurisdiction of the Supreme Court, or that it is uncertain. Alternatively, a party might seek to litigate in another jurisdiction's court, leading to forum disputes.

The tax exemption in section 13 is another potential source of litigation. If the Treasurer refuses to declare a transfer an exempt matter, the affected party may seek judicial review of that decision. Grounds could include that the Treasurer took into account irrelevant considerations, failed to consider relevant matters, or exercised the discretion for an improper purpose. The definition of "exempt matter" requires that the transfer be made "for the purpose of ensuring that a person does not carry on a business in breach of any ring fencing requirements" or "for the purpose of the separation of certain businesses or business activities as required by an AER ring fencing determination". Disputes over whether a particular transfer meets that purpose could arise.

The dynamic adoption of South Australian amendments by sections 7 and 8 may be challenged on constitutional grounds. The Territory Legislative Assembly has purported to adopt future laws of another jurisdiction without retaining a power of veto. This could be attacked as an impermissible delegation of legislative power under the Territory's self government arrangements. While such challenges have generally failed in other cooperative schemes, the issue is not settled beyond doubt.

The repeal of the old Act by section 18 could also generate disputes about transitional arrangements. If the new National Gas (NT) Law is inconsistent with the old regime, questions arise about the validity of access arrangements approved under the old Act and the extent to which they continue. The transitional regulation making power in section 16 could mitigate this, but if no such regulations are made, litigation may be needed to resolve rights and obligations.

Several features of the Act create traps for the unwary.

Dynamic adoption without local scrutiny: Sections 7 and 8 adopt the South Australian National Gas Law and Regulations "as in force for the time being". This means that when South Australia amends its law, those amendments automatically become part of NT law without any NT parliamentary debate or gazettal. Pipelines operators and access seekers must monitor South Australian legislation, not just NT legislation, to know the current law. A change made in Adelaide on one day applies in Darwin the same day, with no grace period for compliance. This is a significant compliance risk, especially if South Australia makes a change that the NT would not have considered appropriate, such as broadening the definition of a covered pipeline or increasing penalty amounts.

No defined "relevant Minister": Section 14 refers repeatedly to "relevant Minister" but does not define it in the Act. This term presumably comes from the National Gas Law of each participating jurisdiction. For the Territory, the relevant Minister might be the NT Minister or the Commonwealth Minister (designated minister), depending on the context. The lack of definition in this Act creates uncertainty about which Minister has authority to take actions for cross boundary pipelines. A person dealing with a pipeline that crosses borders must determine the correct Minister in each jurisdiction and ensure that actions are properly taken.

Limitation on judicial review for distribution pipelines: Section 14(2) restricts the NT Supreme Court from hearing any challenge to actions taken by a relevant Minister in relation to a cross boundary distribution pipeline unless the Territory is determined to be the most closely connected jurisdiction. There is no guidance in the Act on how "most closely connected" is to be determined, or who makes that determination. A party wishing to challenge a decision affecting a distribution pipeline that touches the Territory may find themselves without a clear forum. If the decision was made by the NT Minister, the party might naturally seek review in the NT Supreme Court, but the Act says they cannot unless the connection test is met. They may be forced to litigate in another State, increasing costs and uncertainty.

Treasurer's discretion on tax exemption: The stamp duty exemption in section 13 is not automatic. It requires a declaration by the Treasurer published in the Gazette. The Treasurer has broad discretion: the section does not specify criteria for refusing a declaration, other than that the transfer must be for the stated purpose. There is no time limit for the Treasurer to decide, and no appeal mechanism if a declaration is refused. A business planning a restructure to comply with ring fencing may proceed on the assumption that the exemption will be granted, only to find it is not, leaving it with an unexpected tax liability.

Retrospective regulations with limited protection: Section 16(4) protects a person (other than the Territory or a Territory authority) from a transitional regulation that decreases rights or imposes liabilities retrospectively. But this protection does not apply to the Territory or its authorities. A regulatory change that takes away a right held by the Territory government (for example, a right to veto a pipeline access arrangement) could be made retrospectively without compensation. Also, the protection only applies to decreases in rights or increases in liabilities; a regulation that imposes new procedural burdens that do not amount to liabilities might be valid even if it disadvantages private parties.

Absence of transitional provisions in the Act: The Act repeals the Gas Pipelines Access (Northern Territory) Act 1998 (section 18) but does not include any transitional provisions for existing access arrangements, coverage determinations, or dispute proceedings under that Act. The only transitional power is in section 16, which allows the Administrator to make regulations. If no regulations are made, there is legislative uncertainty about whether old rights and obligations continue. This is a trap for those who had rights under the old regime; they may need to rely on common law principles of statutory interpretation to argue that their rights survived the repeal, which is an uncertain exercise.

Inconsistent definitions across jurisdictions: Section 9 defines key terms for the National Gas (NT) Law and Regulations, such as "adjacent area" and "this jurisdiction". However, the Act also uses terms like "participating jurisdiction" without defining them. Parties dealing with cross border matters must cross reference the definitions in the South Australian Act and the National Gas Law itself. A misinterpretation could lead to incorrect assumptions about who has regulatory authority.

Crown bound but with limitations: Section 4 binds the Crown in right of the Territory and, to the extent of legislative power, the Crown in all other capacities. The qualification means that the Commonwealth Crown may not be fully bound if the Territory lacks the constitutional power to bind it. A pipeline owned by a Commonwealth entity might claim immunity from the National Gas (NT) Law. This is a potential loophole for government owned pipelines.

Compliance with the Act itself is relatively straightforward because the Act is procedural and facilitative. The substantive compliance obligations arise from the National Gas (NT) Law, which is applied by section 7. The steps below focus on compliance with the Act's own provisions and the implications of its coordination mechanisms.

Monitor South Australian legislation: Because sections 7 and 8 adopt the South Australian Act and Regulations dynamically, any person subject to the National Gas (NT) Law must monitor amendments to the South Australian National Gas Act and its regulations. This includes checking the South Australian legislation website (cited in the note to section 7) for changes to the Schedule and to regulations under Part 3. Do not rely solely on NT government publications; changes become effective in the Territory on the same day they take effect in South Australia. Put in place a system to track amendments and assess their impact on your operations.

Identify the applicable Minister and regulators: For any matter arising under the National Gas (NT) Law, determine which Minister or body has jurisdiction. The Act defines "designated minister" as the Commonwealth Minister (section 9). For cross boundary pipelines, the relevant Minister under section 14 may be the Minister of the jurisdiction where the action is taken. Ensure that any correspondence, applications, or submissions are directed to the correct office. If a matter involves a Commonwealth body (AER, NCC, Tribunal), confirm that the body has indicated its willingness to act in the Territory. Section 10 confers power on these bodies to act, but they may have internal policies about how they exercise that power.

Apply for tax exemption early: If you plan to transfer assets or liabilities to comply with ring fencing requirements, apply to the Treasurer for a declaration that the transfer is an exempt matter under section 13. Do so well before the transfer is scheduled, because there is no time limit for the Treasurer's decision. The application should clearly demonstrate that the transfer is for the purpose of ensuring that a person does not carry on a business in breach of ring fencing requirements, or for the purpose of separation as required by an AER ring fencing determination. Keep records of the application and any correspondence, in case of delay or refusal. If the declaration is not granted, the stamp duty and other tax liabilities will apply.

Understand cross boundary pipeline rules: If your pipeline crosses the border into another jurisdiction, be aware of the mutual recognition rule in section 14(1). An action taken by a relevant Minister or the Supreme Court of one jurisdiction is deemed to be taken under the legislation of all other jurisdictions where part of the pipeline lies. However, for distribution pipelines, judicial review rights are severely limited: you cannot challenge that action in the NT Supreme Court unless the Territory is the most closely connected jurisdiction. If you anticipate needing to challenge a regulatory decision, seek legal advice on which court has jurisdiction. You may need to bring the challenge in another State's courts, which could increase costs and procedural complexity.

Check for transitional regulations: Since the Act repealed the old Gas Pipelines Access (NT) Act, check whether any regulations have been made under section 16 that preserve old rights, extend existing access arrangements, or impose new obligations. If you had rights under the old Act, do not assume they continue. The protective provision in section 16(4) prevents regulations from decreasing your rights or imposing liabilities on you retrospectively, but it does not guarantee that your rights are continued. If no transitional regulations exist, consult a lawyer about the common law principles of statutory interpretation that may apply.

Engage with the AER: Compliance with the ring fencing and access provisions of the National Gas (NT) Law will likely require engaging with the AER. The AER has power to act in the Territory under section 10. Follow the AER's published guidelines for submitting access arrangements, applying for coverage, or seeking arbitration. Ensure that any ring fencing determination made by the AER is complied with, as the tax exemption in section 13 depends on compliance with such determinations.

Review insurance and indemnity arrangements: The cross-vesting provisions mean that regulatory actions taken in one jurisdiction can have legal effect in the Territory. If you are a party to a dispute or an enforcement action, the venue could be in another State. Your insurance policies should cover legal costs and liabilities incurred in other Australian jurisdictions, not just in the Territory.