Part 16Transitional provisions relating to capacity trading and auctions and harmonisation amendments

Part 16—Transitional provisions relating to capacity trading and auctions and harmonisation amendments 91—Immunity from liability—implementation or use of standard market timetable (1) Unless the Regulations otherwise indicate or provide, a person required by the Rules to use the standard market timetable incurs no civil monetary liability in connection with a pre‑harmonisation contract for using the standard market timetable in accordance with the Rules contrary to the terms of that pre‑harmonisation contract. (2) Subclause (1) does not apply to deprive a person of a contractual right under a pre‑harmonisation contract to be— (a) provided with a certain amount of goods or services under the contract; or (b) paid for goods and services provided under the contract. pre‑harmonisation contract means a contract or other arrangement entered into by a person before the commencement of this clause. 92—Immunity from liability—supply of capacity through capacity auctions (1) Unless the Regulations otherwise indicate or provide, a transportation service provider incurs no civil monetary liability to a transportation facility user because of the supply of transportation services to any other person by means of transportation capacity sold through a capacity auction in breach of a relevant exclusivity right where the sale of the transportation capacity through that capacity auction is required by the Rules. relevant exclusivity right, in relation to transportation services, means an express contractual right that arose under a contract entered into before the commencement of this clause that— (a) prevents a transportation service provider from supplying transportation services to persons who are not parties to the contract concerned; or (b) limits or controls the supply by a transportation service provider of transportation services to persons who are not parties to the contract, but does not include a transportation facility user's right under the contract to be provided with a certain amount of transportation services. 93—Immunity for giving effect to the auction priority principles (1) Unless the Regulations otherwise indicate or provide, a transportation service provider incurs no civil monetary liability to a transportation facility user for the supply by the provider of a transportation service in accordance with a priority of service rule in priority to any transportation service supplied or that may be supplied to the transportation facility user under an agreement entered into between the transportation service provider and the transportation facility user before the commencement of this clause. priority of service rule means a requirement of the Rules or the Operational Transportation Service Code for or with respect to— (a) the priority to be given to transportation capacity acquired through a capacity auction in connection with the supply of a transportation service; or (b) the time for (including a delay in) the scheduling of supply of a transportation service so as to give priority to transportation capacity acquired through a capacity auction; supply, in relation to a transportation service, includes to schedule, provide and curtail supply (within the meaning of section 2) of the transportation service. 94—Transitional regulations (1) The Regulations may deal with matters of a transitional nature with respect to the Capacity Trading and Auction amendments. (2) Regulations under subclause (1) may defer, exclude or modify the application of any of the Capacity Trading and Auction amendments— (a) in any participating jurisdiction; or (b) in relation to a person, transportation service or transportation facility specified by the regulations; or (c) in relation to a class of persons, transportation services or transportation facilities specified by the regulations. (3) Regulations under subclause (1) may— (a) be of general or limited application; or (b) vary according to the persons, times, places or circumstances to which they are expressed to apply. (4) If regulations under subclause (1) so provide, they have effect despite any provision of the NGL, the National Gas Regulations, the National Gas Rules, the Capacity Transfer and Auction Procedures or the Operational Transportation Services Code. Capacity Trading and Auction amendments means the amendments made to this Law by the National Gas (South Australia) (Capacity Trading and Auctions) Amendment Act 2018.