This regulation names Australian Gas Networks Limited (AGN) as subject to section 8A of the National Gas Law for its Maryborough–Hervey Bay and Bundaberg networks, modifies how the National Gas Rules (part 12A) apply to AGN, temporarily applies a modified part 12A to other distributors until 1 July 2016, and preserves connection contracts entered into before 1 July 2016. It affects AGN, other distributors and their customers by changing which regulatory rules apply, the transitional treatment of distributors, and the continuity of existing contracts.
This regulation, titled the National Gas (Queensland) Regulation 2014, brings a narrow set of National Gas Law and National Gas Rules provisions into operative effect for specified Queensland distribution networks and prescribes transitional treatment for connection contracts and certain distributors. The regulation commences on 1 July 2015 (s 2). It nominates Australian Gas Networks Limited (AGN) as an entity to which section 8A of the National Gas Law applies for two expressly described distribution networks: the Maryborough-Hervey Bay Distribution Network and the Bundaberg Distribution Network, as described in distribution authority no. DA‑A‑007, schedule 1 (s 4). The regulation states that the holder of DA‑A‑007 is AGN and gives a departmental address and website at which a copy of that authority may be inspected (s 4).
The instrument also makes the National Gas Rules, part 12A, applicable to AGN in its capacity as a nominated entity, subject to the modifications recorded in schedule 1 to the regulation (s 5). For other distributors, the instrument creates a transitional application: until 1 July 2016, NGR part 12A applies to a distributor other than AGN, again subject to modifications set out in schedule 2 (s 6). Finally, the regulation preserves existing connection contracts entered into before 1 July 2016 by providing that such contracts continue, from 1 July 2016, as contracts for provision of the relevant service on the same terms and conditions that applied immediately before 1 July 2016 (s 7). The regulation defines "National Gas Law" and "National Gas Rules" by reference to the National Gas (South Australia) Act 2008 (SA) Schedule and the National Gas Law (s 3).
Mechanically, then, the regulation (1) nominates AGN for limited networks, (2) imports NGR part 12A into the regulatory regime for those networks and into the regime for other distributors on a temporary basis, and (3) preserves pre‑existing connection contracts against unilateral alteration at the transition date. The substantive duties and enforcement mechanisms that will apply to AGN and to distributors are not reproduced in this regulation; they are incorporated by reference to the National Gas Law and Rules (s 3, s 5, s 6, s 7).
Current sections
Direct links to the current provisions in National Gas (Queensland) Regulation 2014.
11
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This regulation may be cited as the National Gas (Queensland) Regulation 2014 .
sec.2
Commencement
sec.2 Commencement
This regulation commences on 1 July 2015.
sec.3
Definitions
sec.3 Definitions
In this regulation—
Australian Gas Networks Limited means Australian Gas Networks Limited ACN 078 551 685.
s 3 def Australian Gas Networks Limited ins 2015 SL No. 61 s 9 (2)
distributor means a distributor under the National Gas Law.
Envestra ...
s 3 def Envestra om 2015 SL No. 61 s 9 (1)
National Gas Law means the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 (SA) .
National Gas Rules or Rules has the meaning given in the National Gas Law.
pt.2
Nominated distributors
Nominated distributors
sec.4
Nomination of Australian Gas Networks Limited for National Gas Law, s 8A
sec.4 Nomination of Australian Gas Networks Limited for National Gas Law, s 8A
Australian Gas Networks Limited is nominated as an entity to which the National Gas Law, section 8A , applies for the prescribed distribution system.
In this section—
prescribed distribution system means each of the following distribution networks as described in distribution authority no. DA-A-007, schedule 1 —
the Australian Gas Networks Limited Maryborough–Hervey Bay Distribution Network;
the Australian Gas Networks Limited Bundaberg Distribution Network.
The holder of distribution authority no. DA-A-007 is Australian Gas Networks Limited.
A copy of the distribution authority may be inspected at the department’s office at 41 George Street, Brisbane or on the department’s website at <www.business.qld.gov.au>.
s 4 amd 2015 SL No. 61 s 10
(sec.4-ssec.1) Australian Gas Networks Limited is nominated as an entity to which the National Gas Law, section 8A , applies for the prescribed distribution system.
(sec.4-ssec.2) In this section— prescribed distribution system means each of the following distribution networks as described in distribution authority no. DA-A-007, schedule 1 — the Australian Gas Networks Limited Maryborough–Hervey Bay Distribution Network; the Australian Gas Networks Limited Bundaberg Distribution Network. The holder of distribution authority no. DA-A-007 is Australian Gas Networks Limited. A copy of the distribution authority may be inspected at the department’s office at 41 George Street, Brisbane or on the department’s website at <www.business.qld.gov.au>.
(a) the Australian Gas Networks Limited Maryborough–Hervey Bay Distribution Network;
(b) the Australian Gas Networks Limited Bundaberg Distribution Network.
1 The holder of distribution authority no. DA-A-007 is Australian Gas Networks Limited.
2 A copy of the distribution authority may be inspected at the department’s office at 41 George Street, Brisbane or on the department’s website at <www.business.qld.gov.au>.
pt.3
Modification of application of National Gas Rules
Modification of application of National Gas Rules
sec.5
Modification of National Gas Rules applying to Australian Gas Networks Limited
sec.5 Modification of National Gas Rules applying to Australian Gas Networks Limited
The National Gas Rules, part 12A , applies to Australian Gas Networks Limited in its capacity as a nominated entity, subject to the modifications set out in schedule 1 .
s 5 amd 2015 SL No. 61 s 10
sec.6
Transitional arrangements for particular distributors
sec.6 Transitional arrangements for particular distributors
Until 1 July 2016, the National Gas Rules, part 12A , applies to a distributor, other than Australian Gas Networks Limited in its capacity as a nominated entity, subject to the modifications set out in schedule 2 .
s 6 amd 2015 SL No. 61 s 10
pt.4
Transitional provision for particular distributors
Transitional provision for particular distributors
sec.7
Connection contracts between customers and distributors entered into before 1 July 2016
sec.7 Connection contracts between customers and distributors entered into before 1 July 2016
This section applies if, immediately before 1 July 2016, a customer and a distributor are parties to a connection contract.
On and from 1 July 2016, the connection contract continues as a contract for the provision of the relevant service on the same terms and conditions applying to the parties immediately before 1 July 2016.
In this section—
connection contract means a connection contract under the National Gas Rules, section 119A .
(sec.7-ssec.1) This section applies if, immediately before 1 July 2016, a customer and a distributor are parties to a connection contract.
(sec.7-ssec.2) On and from 1 July 2016, the connection contract continues as a contract for the provision of the relevant service on the same terms and conditions applying to the parties immediately before 1 July 2016.
(sec.7-ssec.3) In this section— connection contract means a connection contract under the National Gas Rules, section 119A .
Source text
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This regulation may be cited as the National Gas (Queensland) Regulation 2014 .
sec.2 Commencement
sec.2 Commencement
This regulation commences on 1 July 2015.
sec.3 Definitions
sec.3 Definitions
In this regulation—
Australian Gas Networks Limited means Australian Gas Networks Limited ACN 078 551 685.
s 3 def Australian Gas Networks Limited ins 2015 SL No. 61 s 9 (2)
distributor means a distributor under the National Gas Law.
Envestra ...
s 3 def Envestra om 2015 SL No. 61 s 9 (1)
National Gas Law means the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 (SA) .
National Gas Rules or Rules has the meaning given in the National Gas Law.
pt.2 Nominated distributors
Nominated distributors
sec.4 Nomination of Australian Gas Networks Limited for National Gas Law, s 8A
sec.4 Nomination of Australian Gas Networks Limited for National Gas Law, s 8A
Australian Gas Networks Limited is nominated as an entity to which the National Gas Law, section 8A , applies for the prescribed distribution system.
In this section—
prescribed distribution system means each of the following distribution networks as described in distribution authority no. DA-A-007, schedule 1 —
the Australian Gas Networks Limited Maryborough–Hervey Bay Distribution Network;
the Australian Gas Networks Limited Bundaberg Distribution Network.
The holder of distribution authority no. DA-A-007 is Australian Gas Networks Limited.
A copy of the distribution authority may be inspected at the department’s office at 41 George Street, Brisbane or on the department’s website at <www.business.qld.gov.au>.
s 4 amd 2015 SL No. 61 s 10
(sec.4-ssec.1) Australian Gas Networks Limited is nominated as an entity to which the National Gas Law, section 8A , applies for the prescribed distribution system.
(sec.4-ssec.2) In this section— prescribed distribution system means each of the following distribution networks as described in distribution authority no. DA-A-007, schedule 1 — the Australian Gas Networks Limited Maryborough–Hervey Bay Distribution Network; the Australian Gas Networks Limited Bundaberg Distribution Network. The holder of distribution authority no. DA-A-007 is Australian Gas Networks Limited. A copy of the distribution authority may be inspected at the department’s office at 41 George Street, Brisbane or on the department’s website at <>.
Main concepts
The regulation relies on a small set of interlocking legal concepts and imported instruments. The principal concepts that determine its operation are specified in the text and are defined or described in the regulation itself.
Nomination of an entity for the National Gas Law, s 8A: The regulation nominates Australian Gas Networks Limited as the relevant entity for section 8A of the National Gas Law in relation to a prescribed distribution system (s 4). The term "prescribed distribution system" is defined within s 4 by reference to the distribution authority DA‑A‑007, schedule 1. The nomination is therefore geographically and instrumentally constrained to the networks listed there.
Incorporation by reference of National Gas instruments: The regulation does not restate the content of the National Gas Law or National Gas Rules. It defines "National Gas Law" and "National Gas Rules" by reference to the National Gas (South Australia) Act 2008 (SA) Schedule and to the meaning given in the National Gas Law (s 3). The practical consequence is that obligations, rights, compliance requirements, and enforcement mechanisms applicable to nominated entities derive from those external instruments, except where this regulation modifies their application via the schedules (s 5, s 6).
Application of NGR part 12A and modifications: The National Gas Rules, part 12A, are applied to AGN as a nominated entity, subject to modifications in schedule 1 (s 5). For other distributors, part 12A is applied on a temporary basis until 1 July 2016, subject to modifications in schedule 2 (s 6). The concept of "modification" is crucial because the schedules may alter, exclude, or qualify particular provisions of part 12A, but the text of those schedules is not included in the provided instrument.
Transitional preservation of connection contracts: The regulation contains a continuity mechanism for existing connection contracts. If, immediately before 1 July 2016, a customer and a distributor are parties to a connection contract as defined under the National Gas Rules, section 119A, then from 1 July 2016 that connection contract continues as a contract for the provision of the relevant service on the same terms and conditions that applied immediately beforehand (s 7). This is a substantive concept with transactional effect: existing bargains are preserved at the transition point.
Administrative cross‑references: The regulation identifies distribution authority DA‑A‑007 as the operative instrument that describes the prescribed distribution systems and supplies a physical and online location for inspection of that authority (s 4). The regulation also carries amendment annotations in the margins indicating changes made by 2015 subordinate legislation (for example, "s 4 amd 2015 SL No. 61 s 10"), which record legislative history within the instrument itself. Those annotations are part of the regulation's metadata and inform users where particular insertions, deletions, or amendments have been made (see s 3 notes; s 4, s 5, s 6 amendment notes).
Because the substantive obligations are imported, interpretation and application of the regulation will turn on the interaction between the regulation's nominations and modifications and the operative provisions of the National Gas Law and the National Gas Rules. The regulation therefore functions as a conduit: it determines which entities and which systems are subject to specific National Gas Rule provisions and retains specified contractual arrangements across the transition date.
Who it affects
The regulation identifies and affects three principal groups of actors directly in its text: Australian Gas Networks Limited, distributors (generally), and customers who were parties to connection contracts immediately before 1 July 2016. Each group's exposure is defined by the operative sections.
Australian Gas Networks Limited (AGN): The regulation nominates AGN explicitly (s 4). AGN is defined in s 3 by company name and ACN (Australian Gas Networks Limited ACN 078 551 685). The nomination attaches the operation of the National Gas Law, s 8A, and the application of National Gas Rules, part 12A, to AGN in its capacity as the nominated entity for the prescribed distribution system (s 4, s 5). The prescribed distribution system is defined as the Maryborough-Hervey Bay Distribution Network and the Bundaberg Distribution Network as described in distribution authority DA‑A‑007, schedule 1 (s 4). The holder of DA‑A‑007 is stated to be AGN (s 4). Practically, AGN is the principal private entity whose regulatory duties and rights are altered by this regulation.
Distributors other than AGN: The regulation treats other distributors as subject to a transitional application of NGR part 12A until 1 July 2016 (s 6). The term "distributor" is defined by reference to the National Gas Law (s 3). The text therefore directly affects all entities that meet the National Gas Law definition of distributor, for the limited transitional period specified. The regulation does not list those other distributors by name; it imposes a time‑limited regulatory overlay on the set defined in the National Gas Law.
Customers with pre‑existing connection contracts: Section 7 protects customers who, immediately before 1 July 2016, were parties to a connection contract under NGR s 119A. For those customers, the contract continues from 1 July 2016 as a contract for the provision of the relevant service on the same terms and conditions that obtained immediately prior to that date (s 7). The effect is to shelter existing contractual relationships from automatic substitution by the new regulatory framework at the transition date. The regulation thus directly affects customers who had entered a connection contract before the specified cut‑off.
Administrative actors and the department: The regulation names the department's office location and website for inspection of DA‑A‑007 (s 4). This affects administrative practice: parties seeking to verify the distribution authority or the detailed description of the prescribed distribution systems are directed to that office or the department’s website. The department therefore plays an administrative role in providing access to the underlying authority.
Secondary or contingent affected parties: Because the regulation imports NGR part 12A, subject to modifications, businesses or persons whose commercial rights, obligations, or compliance burdens derive from those rules (for example, retailers, shippers, connections contractors, and local authorities) will be affected indirectly when the relevant NGR provisions operate in association with the nominated networks. The regulation itself does not list those categories; it creates the legal mechanism by which they become governed by the imported rules.
The regulation omits full text of the modifications in schedules 1 and 2 within the provided extract. That omission means that readers must inspect the schedules (not included here) and the referenced distribution authority DA‑A‑007 to determine precisely how obligations and rights are allocated in practice.
Key duties and rights
The regulation does not itself create novel operational duties beyond the act of nomination and the preservation of existing contracts. Instead, it activates duties and rights by importing parts of the National Gas Rules and by nominating an entity under the National Gas Law. The operative mechanism is incorporation by reference; substantive duties and rights therefore fall to the National Gas Law and the National Gas Rules as applied.
Duties and rights conferred by nomination and application of the Rules: By nominating AGN and stating that NGR part 12A applies to AGN as a nominated entity (s 4, s 5), the regulation places AGN within the scope of rights and obligations that are contained in NGR part 12A, insofar as those provisions are not modified by schedule 1 to this regulation (s 5). The regulation itself does not reproduce those rights and obligations. Therefore the specific operational duties (for example, duties relating to connections, pricing, access, service standards, or ring‑fencing) must be ascertained from NGR part 12A and from the National Gas Law, as applied.
Modified application: The regulation makes explicit that the ordinary application of NGR part 12A is subject to modifications in schedule 1 for AGN and in schedule 2 for other distributors acting under the transitional arrangement (s 5, s 6). Those modifications may alter or displace particular duties or rights in part 12A. The regulation therefore creates a layered compliance framework: a base set of duties and rights in NGR part 12A, overlaid by schedule modifications, and then operating through the statutory nomination under the National Gas Law.
Continuity of pre‑existing contracts: Section 7 creates a clear contractual right for customers with connection contracts in place immediately before 1 July 2016. Those connection contracts continue as contracts for the provision of the relevant service on the same terms and conditions that applied immediately beforehand (s 7). The effect is protective of contractual expectations: neither AGN nor a distributor may, by operation of the regulatory transition at that date, unilaterally replace the contractual terms covered by this provision. The regulation does not state whether parties may voluntarily vary such contracts after 1 July 2016; it only prescribes continuity.
Administrative and informational rights: The regulation provides a means to locate and inspect distribution authority DA‑A‑007 (s 4). The holder of DA‑A‑007 is identified, and an inspection location is given. That facilitates stakeholders verifying the scope of the prescribed distribution systems and the identity of the authority holder.
Rights and duties of other distributors during the transitional period: Until 1 July 2016, NGR part 12A applies to distributors other than AGN on the terms of schedule 2 (s 6). The regulation therefore places other distributors into the same imported regime for a finite period, imposing duties and conferring rights deriving from part 12A as modified by schedule 2, for that transitional window. After the expiry of that date the regulation does not specify continuing duties for those other distributors; the temporal boundary is explicit in the text.
Limits in the regulation: The regulation itself does not create enforcement powers, penalty provisions, or detailed operational obligations. Those are left to the National Gas Law and National Gas Rules. The regulation functions as a directional instrument that determines who falls within the scope of those more detailed provisions and which modifications apply.
For a practitioner or compliance officer, the immediate implication is that to identify precise duties and rights that flow from this regulation one must examine the National Gas Law, the National Gas Rules (part 12A), and the schedules to this regulation that modify part 12A. The regulation provides the nominative and temporal boundaries; the substantive content of duties and rights is imported by reference.
Penalties and enforcement
The regulation itself contains no standalone penalty clauses or enforcement regime. It acts as a reference device that makes parts of the National Gas Rules and the National Gas Law applicable to specified entities and systems. Consequently, penalties and enforcement mechanisms must be sought in the National Gas Law and the National Gas Rules that are incorporated by reference.
Absence of internal enforcement text: The provided text contains no sections that create offences, specify sanctions, authorize inspections, or provide enforcement processes. Section 3 defines the National Gas Law and the National Gas Rules by reference (s 3). Sections 5 and 6 import NGR part 12A for nominated entities and for distributors on a transitional basis (s 5, s 6). Because the regulation imports those instruments, the enforcement architecture applicable to the nominated entities will be the enforcement architecture contained in the National Gas Law and in the National Gas Rules, subject to any modifications recorded in schedules 1 and 2.
Where to find enforcement provisions: The regulation points users to the National Gas Law (as set out in the Schedule to the National Gas (South Australia) Act 2008 (SA)) and to the National Gas Rules (s 3). Enforcement powers, penalties for non‑compliance, dispute resolution mechanisms, compliance reporting duties, and other remedies will be located in those external instruments. The schedules to this regulation may modify how those enforcement provisions operate for the nominated entities; the text of those schedules is not included in the provided extract.
Transitional enforcement consequences: The transitional application of NGR part 12A to other distributors until 1 July 2016 (s 6) implies that enforcement under part 12A would be applicable to those distributors during that period, again subject to schedule 2. After the transitional date the regulation does not set out an enforcement regime for those other distributors.
Practical consequence for affected entities: Entities affected by this regulation should treat the National Gas Law and the National Gas Rules as the repository of enforcement obligations. This regulation directs which entities are brought under that repository and indicates the temporal limits of application for non‑nominated distributors. To assess sanctions and enforcement risk, stakeholders must therefore read the National Gas Law and NGR part 12A in conjunction with the modifying schedules referenced here.
No litigation or enforcement history provided: The instrument as supplied contains no recorded prosecutions, determinations, or administrative enforcement outcomes. It also contains no internal provision allocating enforcement authority to a particular Queensland regulator. Those details are expected to be in the National Gas Law/Rules or other instruments, not in the regulation itself.
In short, penalties and enforcement do not originate in this regulation. They are imported through the National Gas Law and the National Gas Rules as applied to the nominated entities under the framework this regulation creates (s 3, s 5, s 6).
How it interacts with other laws
The regulation is explicitly an incorporation and nomination instrument. Its interaction with other laws is therefore one of reference and modification rather than substitution. The regulation identifies the National Gas Law and National Gas Rules as the primary legal sources that will govern nominated entities and specifies where and how those sources are to be applied in Queensland for particular distribution systems.
Primary incorporation: The regulation defines "National Gas Law" to mean the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 (SA) and defines "National Gas Rules" by reference to the meaning provided in the National Gas Law (s 3). This expressly imports the South Australian Schedule into the Queensland regulatory framework for the purposes described in the regulation. The regulation thus operates across jurisdictions by referencing a law that is embodied in South Australian legislation.
National Gas Rules (NGR) part 12A: The regulation applies NGR part 12A to AGN (s 5) and to other distributors on a transitional basis (s 6). That constitutes a direct legal interaction: the Queensland regulation relies on the content of the NGR to establish detailed regulatory obligations, but it simultaneously asserts the power to modify the application of those NGR provisions through schedule modifications (s 5, s 6). The modification mechanism is a key point of interaction because it allows the Queensland regulation to tailor the general NGR regime to the nominated networks.
Distribution authority DA‑A‑007: The regulation identifies DA‑A‑007 as the administrative instrument that describes the prescribed distribution systems and names its holder (s 4). DA‑A‑007 thus interacts with the regulation as an evidentiary and territorial specification instrument. The regulation points to DA‑A‑007 schedule 1 for the precise spatial description of the networks covered. In practice, the distribution authority will interact with both the NGR provisions applied by the regulation and with any state licensing or authorisation frameworks.
Contract law and connection contracts: Section 7 interacts with private contract law by preserving existing connection contracts as at 1 July 2016. The regulation does not displace the underlying contract law rules governing modification or enforcement of contracts; rather it creates a statutory continuity rule that overlays contracts in the specific domain of connection contracts defined by NGR s 119A. The regulation thus interacts with private law by specifying how statutory transitional arrangements affect pre‑existing commercial agreements.
Administrative law and inspection rights: By specifying the location at which DA‑A‑007 can be inspected (s 4), the regulation establishes a procedural point of interaction with the department's administrative functions. The regulation also carries amendment annotations referencing subordinate legislation (for example "2015 SL No. 61"), which interact with legislative drafting and statutory interpretation frameworks to record changes over time.
Limits of interaction: The regulation does not amend the National Gas Law itself. It nominates entities for the application of a specific section of the National Gas Law (s 8A) and imports parts of the NGR, but does not purport to modify the South Australian Act directly. The operative interaction is therefore one of cross‑instrument nomination and modification rather than direct repeal or amendment of the National Gas Law.
Missing text and interpretive consequence: The regulation refers to modifications set out in schedule 1 and schedule 2, but those schedules are not included in the provided text. The absence of the schedules in the current extract means that readers cannot definitively trace every point of interaction between this regulation and NGR part 12A without consulting the schedules and the National Gas Law and Rules themselves. The regulation functions as an index to the more substantive cross‑statutory material.
Overall, the regulation operates as a vehicle for selective importation and adaptation of a national regulatory framework into Queensland’s statutory environment for specified gas distribution networks, while preserving contractual arrangements at the transition point. The substantive regulatory content remains located in the National Gas Law and the National Gas Rules, with modifications and local application determined by the schedules referred to in this regulation.
Amendment history
The regulation text includes several embedded amendment annotations that identify subordinate legislation changes recorded in 2015. The source fragment provided records these amendment notes adjacent to the relevant sections. The recordable items from the supplied instrument are as follows.
Short title and commencement: Section 1 sets out the short title as National Gas (Queensland) Regulation 2014 (s 1). Section 2 states the commencement date as 1 July 2015 (s 2). The instrument’s title indicates a 2014 regulation but the commencement note establishes operation from mid‑2015 (s 1, s 2).
Amendments recorded in 2015 subordinate legislation: The text contains margin notes and inline annotations indicating amendments effected by "2015 SL No. 61" at various provisions. For example:
s 3: The definition entry for "Australian Gas Networks Limited" carries the note "s 3 def Australian Gas Networks Limited ins 2015 SL No. 61 s 9 (2)" indicating an insertion by that subordinate legislation. The adjacent note "s 3 def Envestra om 2015 SL No. 61 s 9 (1)" indicates that the definition of Envestra was omitted by the same instrument.
s 4: The main heading bears "s 4 amd 2015 SL No. 61 s 10", and the text includes repeated subsections of s 4 with the same amendment annotation, showing that s 4 was amended by 2015 SL No. 61 s 10.
s 5 and s 6: Both carry "s 5 amd 2015 SL No. 61 s 10" and "s 6 amd 2015 SL No. 61 s 10" respectively, indicating amendment by the same instrument.
Effect of recorded amendments: The annotations indicate that a 2015 subordinate legislation instrument (2015 SL No. 61) made multiple insertions, deletions or amendments to this regulation. The specific content of those amendments, to the extent recited in the text, includes insertion of the AGN definition and omission of an Envestra definition, and amendments to nomination and modification sections. The margins and repeated subsections in s 4 suggest detailed reworking to specify the prescribed distribution systems and to identify the holder of DA‑A‑007.
What the record does not show: The provided extract does not include the text of the amending instrument itself, nor does it display the full change history (for example earlier versions, prior amendments, or any amendments after 2015). It also does not include schedule 1 or schedule 2 or the current consolidated text of those schedules. There is therefore only a partial legislative history visible in these annotations.
Practical reading for practitioners: When relying on this instrument, it is necessary to consult the consolidated version of the regulation and the amending instrument(s) to confirm the present‑day text, see the specific changes made by 2015 SL No. 61, and confirm whether there have been subsequent amendments not recorded in this extract. The embedded amendment annotations provide signposts to relevant subordinate legislation (2015 SL No. 61) and to the particular sections where insertions or omissions were made.
The supplied text thus records an amendment episode in 2015, with insertion and omission activity, but does not supply a complete chronological record of all legislative activity beyond the annotations shown. Users should reconstruct the full amendment history by consulting the official consolidated statute and the cited subordinate legislation references.
Litigation history
The provided regulation text contains no cases, arbitral decisions, determinations, court judgments, tribunal rulings, or administrative decisions. The extract does not record any litigation history or refer to any precedent authorities.
No judicial or tribunal decisions recorded: There are no citations to court decisions, no reported disputes, and no enforcement actions set out or summarised in the text supplied. The regulation is presented as a statutory instrument with amendment annotations but without any attached or referenced litigation outcomes.
Consequence for practice: Because this instrument is a conduit to the National Gas Law and the National Gas Rules, litigation that concerns rights, duties, or enforcement under the provisions activated by this regulation will typically appear in the context of disputes under the National Gas Law/Rules or under associated distribution authorities and contractual arrangements. Any case law relevant to the application of NGR part 12A, the operation of section 8A of the National Gas Law, or disputes about connection contracts as defined in NGR s 119A will not be found in the text of this regulation; those authorities must be sought in reported decisions and administrative determinations outside this document.
Where a reader must look next: To establish whether there is a body of judicial or administrative authority interpreting the nomination, the application of NGR part 12A, modifications in schedule 1/2, or the contractual preservation rule in s 7, a researcher must consult court databases, tribunal records, or published decisions that examine those external instruments. The regulation itself provides no litigation trail.
Caution on absence: The absence of litigation history in this statutory extract does not mean there has been no litigation in practice; it means only that none is recorded within the supplied instrument. Practitioners should therefore not assume there is no judicial interpretation of the issues raised by this regulation without checking external sources.
In short, the regulation contains no litigation history, and the analysis of legal risk or precedent must proceed by examining case law and administrative decisions arising under the National Gas Law and the National Gas Rules and any relevant distribution authority disputes.
Gotchas
The regulation is compact, but there are several practical pitfalls and interpretation risks that arise from the way it is drafted and from what it imports by reference. These are matters to watch for when advising clients or preparing compliance work.
Substantive content is imported, not restated: The regulation applies NGR part 12A to nominated entities and distributors (s 5, s 6) but does not include the text of those Rules. To know actual duties, compliance obligations, enforcement pathways, or transitional arrangements for particular operational issues you must read NGR part 12A and the National Gas Law itself. The regulation functions as an index, not a self‑contained regulatory code (s 3, s 5).
Modifications are in schedules not provided here: The regulation repeatedly conditions the application of NGR part 12A on modifications set out in schedule 1 (for AGN) and schedule 2 (for other distributors during the transitional period) (s 5, s 6). The content of those schedules is not included in the provided extract. The schedules may materially alter the meaning and effect of part 12A for affected parties. Do not assume part 12A applies in full or unaltered without reviewing those schedules.
Temporal limits and transition dates: The transitional application for non‑AGN distributors lapses on 1 July 2016 (s 6). This fixed cutoff creates an immediate compliance question for transitional‑period obligations and for contracts executed during or after that period. Practitioners must verify whether subsequent instruments extended, removed, or replaced that transitional regime after 1 July 2016. The regulation itself only specifies the original temporal limit.
Contractual definition dependency: The protection in s 7 applies only to "connection contracts" as defined in NGR s 119A (s 7). Whether a given agreement qualifies as a connection contract therefore depends on that external definition. Misclassifying an arrangement could lead to misunderstanding of rights preserved at the transition date. Read NGR s 119A before relying on the continuity protection.
Narrow geographical and instrument scope: AGN is nominated only in respect of the Maryborough-Hervey Bay and Bundaberg distribution networks as described in DA‑A‑007 schedule 1 (s 4). Entities operating outside those described systems will not be AGN’s counterparties under the nomination. Practitioners must check DA‑A‑007 schedule 1 to confirm precise network boundaries and whether particular assets or customers are included.
Administrative access point: The regulation instructs that a copy of DA‑A‑007 may be inspected at the department’s office at 41 George Street, Brisbane or on the department’s website (s 4). Where the distribution authority is central to determining whether a network is a prescribed distribution system, relying on an out‑of‑date or inaccessible copy risks misapplication. Confirm the current location and status of DA‑A‑007.
Partial deletion of prior definitions: The margin notes show that the definition of Envestra was omitted in 2015 (s 3 annotation). That signals that earlier versions of the regulation may have included named entities now removed, which may create confusion about who was affected historically. Historical contracts or enforcement steps taken under a prior version may need separate review.
No enforcement text in this regulation: Because this regulation does not set out penalties, compliance obligations, or enforcement mechanisms, parties might mistakenly assume the regulation itself prescribes remedies or enforcement practice. All enforcement questions will be governed by the National Gas Law and the National Gas Rules, subject to modification by the schedules (s 3, s 5, s 6).
Potential for overlapping regimes: The interaction between state distribution authorities (for example DA‑A‑007), the National Gas Law, and national Rules, combined with any state regulatory or licensing regimes, can create overlapping obligations. This instrument is one part of that regulatory architecture, and care must be taken to identify and reconcile obligations from all applicable instruments.
Documentary completeness: The provided extract repeats subsections of s 4 and contains editorial repetitions. Practitioners should rely on the consolidated, official version of the regulation to avoid errors caused by incomplete or fragmented text displays.
These are concrete interpretive and practical friction points that arise from the regulation’s structure. Each one requires document retrieval (DA‑A‑007, NGL, NGR, schedules) and precise classification of contracts and networks before definitive advice can be given.
How to comply
Compliance arising from this regulation is essentially a task of identification, document retrieval, classification, and then application of the National Gas Law and National Gas Rules as modified by this regulation’s schedules. The regulation itself prescribes nominations and transitional continuity but not detailed operational duties. The following steps are derived directly from the regulation’s operative provisions.
Identify whether you are an affected entity under the regulation.
If you are Australian Gas Networks Limited, confirm that your association with the Maryborough-Hervey Bay Distribution Network and the Bundaberg Distribution Network is reflected in DA‑A‑007, schedule 1 (s 4). The regulation names AGN by ACN in s 3.
If you are a distributor but not AGN, determine whether you fall within the National Gas Law definition of "distributor" and be aware that NGR part 12A applied to such distributors on a transitional basis until 1 July 2016 (s 3, s 6).
Obtain and read the primary instruments referenced.
Retrieve the National Gas Law as set out in the Schedule to the National Gas (South Australia) Act 2008 (SA) and the National Gas Rules, in particular part 12A (s 3, s 5, s 6). The substantive duties, rights, penalties, and enforcement architecture are contained in those instruments.
Obtain the full text of the regulation’s schedule 1 and schedule 2 to identify any modifications to NGR part 12A that apply to AGN and to other distributors during the transitional period (s 5, s 6). Do not assume the rules are applied without modification.
Inspect the distribution authority DA‑A‑007.
The regulation identifies DA‑A‑007 schedule 1 as the source describing the prescribed distribution systems and notes that a copy may be inspected at the department’s office at 41 George Street, Brisbane or on the department’s website (s 4). Obtain a current, official copy and confirm the networks and any boundary descriptions.
Classify contracts and document continuity.
For customers or distributors with contracts in place immediately before 1 July 2016, determine whether those agreements meet the definition of "connection contract" under NGR s 119A (s 7). If so, document that the contract continued from 1 July 2016 on the same terms and conditions that applied immediately before that date (s 7).
For contracts executed on or after the relevant commencement or transition dates, check how NGR part 12A (as modified) governs new connection contracts. The regulation preserves only pre‑existing connection contracts as defined.
Map compliance obligations and reporting lines.
Once you have read NGR part 12A and the relevant modifications, create a compliance map showing applicable duties, timeframes, reporting requirements, and enforcement provisions. The regulation itself does not specify these details; they are in the imported instruments (s 5, s 6).
Update internal procedures and contractual templates.
Where NGR part 12A imposes operational or procedural duties for connections, service provision, or customer interactions, update standard operating procedures and contract templates to reflect those duties, taking into account any local modifications recorded in the regulation’s schedules.
Maintain documentary records of inspection and reliance.
Keep records of the DA‑A‑007 copy inspected, the versions of the NGL and NGR consulted, and the schedules as applied. The regulation identifies the inspection points for DA‑A‑007 (s 4), and maintaining provenance will assist during audits or disputes.
Seek legal confirmation where boundaries or definitions are contested.
If there is doubt whether an agreement qualifies as a connection contract under NGR s 119A or whether a particular asset lies within the prescribed distribution system in DA‑A‑007 schedule 1, seek specific legal advice and evidence (for example, boundary maps or contractual schedules). The regulation itself defers to those external definitions (s 4, s 7).
Watch the temporal cut‑offs.
Note the commencement date of the regulation (1 July 2015) and the transitional expiry for other distributors (1 July 2016) (s 2, s 6). Ensure actions taken around those dates reflect the transitional preservation of contracts in s 7.
Verify consolidated and current law.
Consult the official consolidated version of the regulation and the cited subordinate legislation entries (for example, 2015 SL No. 61) to ensure you are relying on the current text and on the complete schedule modifications referenced in s 5 and s 6. The embedded amendment annotations point to amendments but do not provide the full consolidated instrument.
These steps follow directly from the regulation’s operative content, which is primarily nominative and referential. Compliance is therefore a structured document and classification exercise followed by application of the National Gas Law and Rules as modified by the schedules referenced in this regulation.
Section sec.4Nomination of Australian Gas Networks Limited for National Gas Law, s 8A
(a) the Australian Gas Networks Limited Maryborough–Hervey Bay Distribution Network;
(b) the Australian Gas Networks Limited Bundaberg Distribution Network.
1 The holder of distribution authority no. DA-A-007 is Australian Gas Networks Limited.
2 A copy of the distribution authority may be inspected at the department’s office at 41 George Street, Brisbane or on the department’s website at <www.business.qld.gov.au>.
pt.3 Modification of application of National Gas Rules
Modification of application of National Gas Rules
sec.5 Modification of National Gas Rules applying to Australian Gas Networks Limited
sec.5 Modification of National Gas Rules applying to Australian Gas Networks Limited
The National Gas Rules, part 12A , applies to Australian Gas Networks Limited in its capacity as a nominated entity, subject to the modifications set out in schedule 1 .
s 5 amd 2015 SL No. 61 s 10
sec.6 Transitional arrangements for particular distributors
sec.6 Transitional arrangements for particular distributors
Until 1 July 2016, the National Gas Rules, part 12A , applies to a distributor, other than Australian Gas Networks Limited in its capacity as a nominated entity, subject to the modifications set out in schedule 2 .
s 6 amd 2015 SL No. 61 s 10
pt.4 Transitional provision for particular distributors
Transitional provision for particular distributors
sec.7 Connection contracts between customers and distributors entered into before 1 July 2016
sec.7 Connection contracts between customers and distributors entered into before 1 July 2016
This section applies if, immediately before 1 July 2016, a customer and a distributor are parties to a connection contract.
On and from 1 July 2016, the connection contract continues as a contract for the provision of the relevant service on the same terms and conditions applying to the parties immediately before 1 July 2016.
In this section—
connection contract means a connection contract under the National Gas Rules, section 119A .
(sec.7-ssec.1) This section applies if, immediately before 1 July 2016, a customer and a distributor are parties to a connection contract.
(sec.7-ssec.2) On and from 1 July 2016, the connection contract continues as a contract for the provision of the relevant service on the same terms and conditions applying to the parties immediately before 1 July 2016.
(sec.7-ssec.3) In this section— connection contract means a connection contract under the National Gas Rules, section 119A .