Part 3Making of regulations and rules under National Gas Law

Part 3—Making of regulations and rules under National Gas Law 10—Definitions National Gas Law means the National Gas Law set out in the Schedule to this Act as in force for the time being. 11—General regulation‑making power for National Gas Law (1) The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, the National Gas Law. (2) Without limiting subsection (1), the regulations may prescribe fees in respect of any matter under the National Gas Law, and provide for the waiver or refund of such fees. (3) Regulations under this Part may— (b) vary according to the persons, times, places or circumstances to which they are expressed to apply; (c) in relation to fees, prescribe differential fees or provide for fees to be determined according to prescribed factors. (4) Once the Governor has made a regulation prescribing 1 or more pipelines to be designated pipelines for the purposes of the definition of designated pipeline in section 2 of the National Gas Law, the Governor cannot make another regulation that prescribes any other pipeline to be a designated pipeline. (5) Regulations under this Part may be made only on the unanimous recommendation of the Ministers of the participating jurisdictions. (6) Section 10 of the Legislative Instruments Act 1978 does not apply to a regulation under this Part. 12—Specific regulation‑making power (1) Without limiting the generality of section 11, the regulations may deal with matters of a transitional nature— (a) relating to the transition from the application of provisions of the old access law or the Gas Code to the application of provisions of the National Gas Law; or (b) on account of any amendments made from time to time to the National Gas Law. (2) Any provision of the regulations that deals with a matter of a transitional nature under subsection (1)(a) may be expressed to take effect from a time that is earlier than the beginning of the day on which the regulations containing the provision are made, not being a time earlier than the commencement of this subsection. (2a) Any provision of the regulations that deals with a matter of a transitional nature under subsection (1)(b) may be expressed to take effect from a time that is earlier than the beginning of the day on which the regulations containing the provision are made, not being a time earlier than the commencement of the relevant amendment. (3) If a provision of a regulation is expressed to take effect from a time that is earlier than the beginning of the day on which the regulations containing the provision are made, the provision must also provide that the provision does not operate so as— (a) to prejudicially affect the rights of a person (other than the rights of a Minister of a participating jurisdiction, an entity involved in the administration of the old access law, the Gas Code or the National Gas Law, a former gas market operator, or AEMO or AEMO T) existing before the date of making of those regulations; or (b) to impose liabilities on any person (other than liabilities imposed on a Minister of a participating jurisdiction, an entity involved in the administration of the old access law, the Gas Code or the National Gas Law, a former gas market operator, or AEMO or AEMO T) in respect of anything done or omitted to be done before the date of making of those regulations. Gas Code means the National Third Party Access Code for Natural Gas Pipelines Systems set out in Schedule 2 of the Gas Pipelines Access (South Australia) Act 1997 as in force from time to time before the commencement of this section; matters of a transitional nature includes matters of an application or savings nature; National Gas Law means the National Gas Law set out in the Schedule to this Act as in force from time to time after the commencement of this section, or the Rules as in force from time to time after the commencement of this section; old access law means Schedule 1 to the Gas Pipelines Access (South Australia) Act 1997 as in force from time to time before the commencement of this section. 13—Making of rules TheLegislative Instruments Act 1978 does not apply to Rules made under the National Gas Law.