Part 7AAccess to operational transportation services

Chapter 7A—Access to operational transportation services Part 1—Standard terms for operational transportation services 228B—Transportation service provider to publish standard OTSA (1) A transportation service provider for a transportation facility must, in accordance with the Rules, prepare and publish on its website a form of operational transportation agreement in respect of the transportation facility that complies with the applicable requirements of the Rules and the Operational Transportation Service Code (a standard OTSA) unless— (a) the provider is exempted from the requirement under this section to prepare and publish a standard OTSA in respect of that transportation facility by or under the Rules; or (b) the provider is exempted by the AER from the requirement under this section in respect of that transportation facility by or under this Law or the Rules. (2) A transportation service provider for a transportation facility in respect of which a standard OTSA must be prepared and published under this section must, where required by the Rules or the Operational Transportation Service Code, prepare and publish on its website an amended standard OTSA in respect of the transportation facility. (3) A transportation service provider for a transportation facility may, where permitted by the Rules or the Operational Transportation Service Code, prepare and publish on its website an amended standard OTSA in respect of the transportation facility. 228C—Formation of contracts on standard terms (1) A transportation service provider for a transportation facility must on request by any person made in respect of the transportation facility— (a) make an offer to enter into the standard OTSA for the transportation facility in accordance with the Rules; and (b) if the offer is accepted, enter into the agreement in accordance with the Rules. (2) Subsection (1) does not apply to a transportation service provider in respect of a transportation facility— (a) if the provider is exempted from compliance with that subsection in respect of that transportation facility in accordance with the Rules; or (b) if the provider is exempted by the AER from compliance with that subsection in respect of that transportation facility under this Law or the Rules; or (c) in other circumstances specified by the Rules. (3) A standard OTSA takes effect as a contract between the transportation service provider and another person when— (a) the other person accepts the transportation service provider's offer to enter into the standard OTSA and enters into the OTSA; and (b) any pre-conditions to the formation of the contract are satisfied. (4) A contract formed in accordance with subsection (3) may be amended in accordance with its terms. (5) A contract formed in accordance with subsection (3) expires and may be terminated in accordance with its terms. 228D—Exemptions from obligations under section 228B or 228C (1) A transportation service provider for a transportation facility may request the AER to exempt that person from an obligation imposed under section 228B or 228C in respect of that transportation facility. (2) A request under subsection (1) must be made in accordance with the Rules. (3) On receipt of a request under subsection (1), the AER may, subject to the Rules, grant the person the exemption. (4) An exemption granted under subsection (3) may be subject to such terms and conditions as may be required by the Rules or as the AER considers appropriate in accordance with the Rules. 228E—Requirements relating to standard OTSA Without limiting any other provision, the Rules may make provision for or with respect to such things as— (a) the time and manner of preparation and publication of a standard OTSA; and (b) the form and content of a standard OTSA, including the transportation services that may be available for use under a standard OTSA; and (c) offers for, and entry into, a standard OTSA; and (d) amendments to a standard OTSA and contracts in the form of a standard OTSA; and (e) matters of a savings or transitional nature. 228F—Service provider may enter into agreements different from a standard OTSA Subject to section 83C, nothing in this Law is to be taken as preventing a transportation service provider from entering into an operational transportation service agreement with a transportation facility user or a prospective transportation facility user that is different to a standard OTSA prepared and published by the transportation service provider under section 228B. Part 2—Operational Transportation Service Code 228G—Operational Transportation Service Code The AER may, in accordance with the Rules— (a) amend the initial Operational Transportation Service Code; and (b) from time to time make subsequent amendments to the Code. 228H—Nature of the Operational Transportation Service Code (1) The Operational Transportation Service Code (the Code) is— (a) the initial Operational Transportation Service Code; or (b) if the initial Operational Transportation Service Code is amended under section 228G—that Code as amended and as subsequently amended from time to time under that section. (2) The Code is made under the Rules and specifies the content of, or requirements for the content of, a standard OTSA, including the transportation services that may be provided under a standard OTSA and the terms and conditions applicable to the use of those transportation services. (3) The Code may deal with the following matters: (b) any other matter relevant to a standard OTSA that this Law or the Rules contemplates being dealt with in the Code. (4) The Code may specify provisions or classes of provisions that— (a) confer rights or impose obligations under a standard OTSA; and (b) vary according to the persons, times, places or circumstances to which they are expressed to apply; and (c) must be made by a transportation service provider in accordance with the Rules or Code and incorporated in a standard OTSA; and (d) must not be included in a standard OTSA. (5) The Code may contain provisions of a savings or transitional nature. (6) The AER must not, without the consent of the MCE, make a provision in the Code that confers a right or function, or imposes an obligation, on the MCE or a Minister of a participating jurisdiction. (7) The Code cannot— Part 3—Other matters relating to access to operational transportation services 228I—Service requirements may be specified in the Rules Without limiting any other provision, the Rules may make provision for or with respect to the following: (a) principles that must be complied with when preparing terms and conditions for a standard OTSA; (b) charges under a standard OTSA and review of those charges by the AER; (c) the priority to be given to a transportation service; (d) the allocation to zones of points on a transportation facility where transportation services are provided and the provision and use of transportation services using zones; (e) the obligations of transportation service providers with respect to facilitating the operational transfer of transportation capacity; (f) the use of an operational transportation service after termination or suspension of the contract from which the transportation capacity was first derived; (g) requests by a transportation facility user for changes to the point on a transportation facility where covered gas may be injected or withdrawn; (h) the collection, recording and use of information about nominations and renominations for use of transportation services and the scheduling of that use. 228J—When operational transfer must be offered (1) If a transportation facility user states terms and conditions (the first terms) on which the user offers to grant to another person a right to use, directly or indirectly, the transportation capacity of the user without arranging for its transfer to the other person, the user must, on request by the person, state the terms and conditions on which the user will arrange for a transfer of the transportation capacity to the person for use under an operational transportation service agreement (the second terms). (2) If there is a difference in the price stated in the first terms and the second terms, the transportation facility user making the offer must include in the second terms a statement of the reasons for the difference. 228K—Preventing or hindering access to operational transportation services (1) A person who is— (a) a transportation service provider; or (b) a transportation facility user; or (c) an associate of a transportation service provider or a transportation facility user, must not engage in conduct for the purpose of preventing or hindering the access of another person to an operational transportation service. (2) For the purposes of subsection (1), a person is deemed to engage in conduct for a particular purpose if— (a) the conduct is or was engaged in for that purpose or for a purpose that includes, or included, that purpose; and (b) that purpose is or was a substantial purpose. (3) A person may be taken to have engaged in conduct for the purpose referred to in subsection (1) even though, after all the evidence has been considered, the existence of that purpose is ascertainable only by inference from the conduct of the person or of any other person or from other relevant circumstances. (4) Subsection (3) does not limit the manner in which the purpose of a person may be established for the purpose of subsection (1). (a) a reference to engaging in conduct is a reference to doing or refusing to do any act, including the following: (i) refusing to supply a transportation service or an operational transportation service; (ii) without reasonable grounds, limiting or disrupting a transportation service or an operational transportation service or a transfer of transportation capacity; (iii) making, or giving effect to, a provision of a contract or arrangement, arriving at, or giving effect to, a provision of an understanding, or requiring the giving of, or giving, a covenant; and (i) refraining (otherwise than inadvertently) from doing that act; or (ii) making it known that that act will not be done. (6) Subsection (1) does not apply to conduct engaged in in accordance with an agreement (other than conduct in breach of this Law, the Regulations, the Rules or the Procedures), if the agreement was in force on 19 March 2018. 228L—Transportation service provider providing operational transportation services must not price discriminate (1) A transportation service provider must not engage in price discrimination when providing operational transportation services. (2) Subsection (1) does not apply if the transportation service provider engages in price discrimination that is conducive to efficient service provision. Chapter 8—Proceedings under the National Gas Law Part 1—Proceedings generally 229—Instituting civil proceedings under this Law (1) Proceedings may not be instituted in a court in respect of a breach of a provision of this Law, the Regulations, Rules or Procedures that is not an offence provision by any person except as provided for in this Chapter. (2) The AER may, in accordance with Chapter 8 Part 2, institute civil proceedings in respect of a breach of— (a) a provision of this Law that is not an offence provision (including a provision that is a civil penalty provision or conduct provision); or (b) a provision of the Regulations that is not an offence provision (including a provision that is a civil penalty provision or conduct provision); or (c) a provision of the Rules (including a provision that is a civil penalty provision or a conduct provision); or (d) a provision of the Procedures. (3) A person other than the AER may, in accordance with Chapter 8 Part 2, institute civil proceedings in respect of a breach of a conduct provision. 230—Time limits within which proceedings may be instituted (1) The AER may only institute a proceeding for a breach, by a person, of a provision of this Law, the Regulations, the Rules or the Procedures that is not an offence provision within 6 years after the date on which the breach occurred. (2) A person, other than the AER, may only institute a proceeding for a breach of a conduct provision by another person within 6 years after the date on which the breach occurred.